Peoria County voters on Nov. 8 overwhelmingly approved eliminating the County Auditor’s Office, but related court actions remain active: a renewed claim to stay all proceedings and restore the authority of the office, a Temporary Restraining Order (TRO) to maintain the status quo, and an appeal to “stop the count.”
After the referendum, in which 70% of voters cast ballots to abolish the office, Judge James Mack on Nov. 17 granted a request by Auditor Jessica Thomas’ attorney Justin Penn for a TRO to stop any change in the Auditor’s Office until a Preliminary Injunction can be considered Nov. 28.
Peoria County on Nov. 11 informed Thomas and her lawyers that the Office will be eliminated Nov. 30 pursuant to the referendum results.
“Because the office is abolished, the County will cease funding it,” the notices said, “and will pay no further legal fees on its behalf.”
Citing an Illinois Attorney General decision that “when an office is abolished [by referendum] all rights to that office including compensation cease,” and a 1997 court case that when a public office is dissolved, officers “would be required immediately to wind up the affairs of the [office] … without regard to the staggering of their terms of office.”
Nov. 30 was set because officials elected in the midterm election, such as Sheriff and Treasurer, take office on Dec. 1, Peoria County State’s Attorney Jodi Hoos told the Community Word. “It’s common sense,” she said. “The office ceases to exist, and the County can’t continue to fund it.”
However, Judge Mack said there may be merit to Penn’s new claim that the referendum language itself didn’t specify when the abolished office would end.
“It doesn’t say Election Day or the day it’s certified or the end of the year or the end of the [office’s] term,” Judge Mack said during the 90-minute hearing.
After recounting case history dating to Nov. 15
a year earlier, Penn said he sought “to enjoin [the County] from stopping funding. The status quo needs to be maintained.”
In addition to the TRO, Mack granted Penn permission to file an amended complaint.
Representing the County, attorney Lisa Meador argued that Thomas and her lawyers “have known for months that that office could be eliminated” and was seeking to add another issue to the lawsuit that from its beginning was about restoring the Auditor’s budget and duties.
“Now they’re challenging the language and effective date and the constitutionality of the referendum,” she said. “The Auditor is asking the court to ignore the decision by voters and overturn the election.”
Referring to the case’s series of changes, Penn said, “The attorneys have failed the court,” and Judge Mack conceded, “It’s a mess.”
Meanwhile, on Oct. 31, other attorneys representing Thomas and community advocate Karrie Alms in a separate case — arguing that the referendum was improperly filed with the Peoria County Election Commission and had “loaded” language — served notice that they’re appealing Judge Mack’s Oct. 19 denial of their motion for a preliminary injunction to prevent the Election Commission from conducting the referendum, including “counting the results and declaring the referendum outcome.”
The appeal asks the 4th District of the Appellate Court of Illinois to reverse the Circuit Court decision.