An unexpected turn Wednesday morning pushed to 10 a.m. Monday a decision about an objection to Village Clerk Christina Waters’ participation on an electoral board that would determine the validity of an advisory Nov. 3 referendum question.
Wednesday’s hearing in Oak Park’s council chambers, was attended by the attorneys and supporters of proponents and opponents of the proposed referendum question that would read, “Should the state of Illinois repeal laws that ban state investment in businesses that boycott the state of Israel?”
In his opening statement, Michael Kasper of the Chicago government-relations law firm Kasper, Holmes & Dring, representing the referendum question objectors Alan H. Peres and Piergiorgio Uslenghi, both Oak Park residents, pointed out that Waters had signed the petition in support of the referendum question.
According to Peres’ and Uslenghi’s objection petition, which was to be the electoral board’s focus and decision point Wednesday, Oak Parkers for Free Speech failed to “contain a circulator’s affidavit that contains a certification from each circulator that the signatures contained on the petition sheets are genuine … This failure thereby renders the petitions invalid in their entirety.”
“I understand that you signed the petition, so I would make the motion that you recuse yourself from consideration on this,” Kasper said to Waters, noting that her recusal would be voluntary. Wednesday Journal confirmed Waters’ petition signature, along with that of village trustee Jenna Leving Jacobson.
Scott Erdman, attorney for the proponents, Oak Park residents Caren Van Slyke and Jesse Bauer, members of Oak Parkers for Free Speech, countered by requesting filing of a motion to strike Kasper’s motion by a 5 p.m. Thursday deadline.
“We would oppose the clerk recusing herself because under the statute there are very little reasons for recusal,” Erdman said.
Brooke Lenneman, partner for village attorney Elrod Friedman, said there were very limited reasons that Waters could be disqualified from the electoral board, which includes Village President Vicki Scaman as chairperson and Trustee James Taglia.
“Having signed the petition is not one of them,” Lenneman said. “However, if you feel that you are not able to make an impartial decision on the objection due to whether you signed the petition, it would be appropriate for you to recuse yourself if you feel you cannot be impartial.
“However, if you do feel like you can participate and be impartial, then that’s a decision you can make.”
“I will not recuse myself,” Waters flatly replied.
Due to illness, Waters immediately departed the proceedings when they concluded. She was not immediately reachable later Wednesday morning.
Kasper said regarding Waters’ recusal decision, he would be filing an action in Cook County circuit court regarding her participation on the local electoral board.
Lenneman provided a breakdown of next steps. After Erdman’s motion to strike the objection by 5 p.m. Thursday, Kasper must file a response by 5 p.m. Friday, and Erdman can respond by 5 p.m. Saturday. The hearing on the substance of the objection would be at 10 a.m. Monday. Kasper’s filing with Cook County circuit court is a concurrent and separate matter, with no timeline. She also said that a decision on Peres’ and Uslenghi’s objection must be made by Aug. 27 in order for the referendum question to be added to the Nov. 3 ballot.
“I think you always have to anticipate a motion of some sort,” Scaman said after the hearing, which lasted 25 minutes. “The parties are obviously very invested. Otherwise we wouldn’t be here.”
Both attorneys declined comment after the hearing. But Bauer and Van Slyke did not.
“I’m very surprised at the objection to Clerk Waters being on the board,” Bauer said. “I think all of the members of the board have feelings of their own on the matter, and they are asked to set those aside to serve on the board.”
Van Slyke added that, “I have every confidence they are going to follow the law. This is just another attempt to derail the referendum. We’ll work with that.”