Judge Bruce Fehrenbacher on March 15 denied a motion from Peoria County filed in November to dismiss as moot a lawsuit brought Sept. 15 by Karrie Alms and County Auditor Jessica Thomas challenging the 2022 referendum abolishing the Auditor’s office. Also, he granted the plaintiffs’ March 14 motion for a voluntary dismissal of the case “without prejudice,” meaning they could re-file a complaint. “The plaintiffs should be given an opportunity to amend,” he said.

Before the election, Peoria Judge James Mack ruled that the referendum was timely adopted and denied injunctions blocking the vote. Thomas and Alms appealed and asked the Appellate Court to prevent the Election Commission from counting the ballots, canvassing ballots, declaring results, and certifying the referendum outcome.

The Appellate Court on Nov. 21 affirmed Mack’s decision and rejected the request to stop counting and certifying the election.

“This [case] was about the election, which is over,” argued County Assistant State’s Attorney Jennie Boswell. Representing the defendants — the Peoria County Election Commission — Boswell said more than three months ago that “plaintiffs’ cause of action is now moot. The ballots were printed and the Nov. 8 election has been held and certified.”

One of Alms/Thomas’ lawyers, Justin Penn, in court via Zoom argued that there were no findings of fact concerning the plaintiff’s assertion that the referendum language was slanted. “I’m just trying to streamline,” Penn said, and “save money.”