JESSICA THOMAS
On Nov. 2 the 4th District of the Illinois Appellate Court formally notified Peoria County and one-time County Auditor Jessica Thomas that the Mandate from a May 31 ruling that Thomas has no right to finish her term after last year’s referendum eliminated the office was issued that day.
The Supreme Court of Illinois in July granted a motion by Thomas’ lawyer Justin Penn to extend a stay of the Mandate from the Appellate Court ruling “until 35 days after disposition of the petition for leave to appeal.”
The Supreme Court’s disposition occurred on Sept. 27, when it denied Thomas’ petition to appeal the Appellate Court ruling that overturned Peoria Judge James Mack’s November 2022 injunction continuing the status quo for the office of Peoria’s Auditor. Mack’s injunction, which permitted Thomas to continue receiving her salary, was issued weeks after 70% of Peoria County voters cast ballots eliminating the office.
Penn, of the Hinshaw and Culbertson law firm, said the Supreme Court’s decision was “a disappointing result for sure, but the Supreme Court does not take many of these.”
On social media, Thomas wrote, “Unfortunately, our petition for leave to appeal was not granted. This outcome was not unexpected as the court grants less than 5% of petitions for leave to appeal.”
Peoria County Administrator Scott Sorrel commented, “The Illinois Supreme Court declined to hear Ms. Thomas’ appeal of the Appellate Court’s decision, which upheld the will of the voters. The County of Peoria appreciates the Court respecting the outcome of the referendum that voters overwhelmingly approved in November of last year.”
The roots of the two-year dispute started in October of 2021 when the Peoria County Board voted 16-2 to approve a 2022 budget that changed the staffing and duties of the Auditor’s office. By law, funding for all County elected officials’ offices is set by the County Board, which said it streamlined its mostly automated accounts-payable process while retaining its external auditor, Sikich. On Nov. 15 of that year, Thomas filed suit claiming her authority had been usurped and seeking the restoration of her funding and staff.
The referendum was held a year later and challenged by Thomas, but the Appellate Court disagreed with her.
“The Nov. 8, 2022, referendum had the effect of eliminating the office of County Auditor,” Appeals Court Justice Kathryn Zenoff wrote. “The referendum was valid and eliminated the office.”
Thomas on Nov. 3 posted, “Peoria County spent over $500,000 trying to remove the elected Auditor from office before her full four-year term expired on November 30, 2024. The County’s actions were unfair and essentially cheated the Peoria County voters. Taxpayer dollars were used to legally fight to remove the Auditor from office before her term expired.”
The Appeals Court said the referendum process was fair.
“The referendum is sufficiently clear that it invoked the voters’ constitutional ability under section 4(c) to eliminate a county office prior to the expiration of plaintiff’s four-year term,” Justice Zenoff said. “The referendum asked whether voters wished to ‘eliminate’ the office without qualification.”
Penn added, “As far as next steps, the only real issue remaining is my fees and the lifting of the injunction.”
It’s unclear whether Thomas has other ideas.
“The County’s incompetence may continue to cost taxpayers,” she said.