Politics & Government

Lake County Files Lawsuit to Challenge New Election Law

The county feels the new law is unconstitutional and seeks an injunction to stop the creation of elections commission that would take authority away from Lake County Clerk Willard Helander.

Update: Lake County State's Attorney Mike Nerheim has filed a lawsuit challenging a bill that was just signed by Gov. Pat Quinn that removes the authority of Lake County Clerk Willard Helander to administer elections in favor of creating a judge-appointed elections commission, without having a voter referendum.

press conference was held at the Lake County Courthouse Wednesday to discuss the lawsuit.

According to the Daily Herald, the lawsuit will target the state elections board and Chief Judge Fred Foreman, who would have the task of selecting the five election commission members to oversee voting in Lake County, which has been Helander's job.

The newly enacted law requires the chief judge to appoint the commission within 30 days. The county is seeking a preliminary injunction from the court to prevent the formation of the commission, and to stop the commission from implementing and administering elections in Lake County, according to a county press release.

Officials feel the county is being singled out because currently, other counties can establish an elections commission by voter referendum or by ordinance of the elected county board.

"It is our contention that there is no rational basis to treat Lake County differently than other counties, where county elections commissions are only established based on the will of the county voters, either through a direct voter referendum or indirectly through a county board ordinance," stated Nerheim.

"This lawsuit is our last resort to overturn this law. It's a decision that we take very seriously. We tried pursuing other options first, but to no avail."

The defendants in the lawsuit include: Chief Judge Fred Foreman, who under the legislation is charged with appointing the elections commission, and the Illinois State Board of Elections, which under Illinois law is the state agency that has general oversight and administration of elections.

Tell Us: Do you support the county filing a lawsuit and seeking an injunction?

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Original story: 
Lake County will be filing a lawsuit to challenge a bill that was just signed by Gov. Pat Quinn that removes the authority of Lake County Clerk Willard Helander to administer elections in favor of creating a judge-appointed elections commission.

A press conference is scheduled for 1 p.m. Wednesday at the Lake County Courthouse with Lake County Board Chairman Aaron Lawlor and Lake County State's Attorney Mike Nerheim, according to a county press release.

According to the Daily Herald, the lawsuit will target the state elections board and Chief Judge Fred Foreman, who would have the task of selecting the five election commission members to oversee voting in Lake County, which has been Helander's job.


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