Brenden Moore
The State Journal-Register
In a dramatic turn of events, the Springfield City Council on Tuesday failed to accept the recommendation of a recount hearing officer that Ald. Gail Simpson be declared the winner of the race to represent Ward 2.
Council members at Tuesday’s special meeting were split over former Judge John Mehlick’s recommendation, which found that Simpson edged Gregory by 0.361 of a vote after taking into account recounted ballots and his rulings on which disputed ballots should be awarded to a candidate or thrown out.
After Mehlick presented his case and attorneys for both candidates offered arguments before the council, a motion to accept the recommendation received the support of five council members — one shy of the six votes needed for approval.
Three council members — Ward 7 Ald. Joe McMenamin, Ward 8 Ald. Erin Conley and Ward 9 Ald. Jim Donelan — voted to not accept the recommendation. Two council members did not vote: Simpson and Ward 3 Ald. Doris Turner. At the request of Simpson’s attorneys, Turner recused herself because she is the chairman of the Sangamon County Democratic Party, which backed Gregory in the east side race.
With the council failing to reach the required votes, Mayor Jim Langfelder could have provided that key sixth “yes” vote. But citing his desire not to disenfranchise voters, Langfelder voted “no.”
Council members will meet again on Thursday in hopes of reaching a conclusion, seeking not to prolong a recount battle that has raged on for more than three months.
In their remarks to the council, attorneys for both Gregory and Simpson disagreed with aspects of Mehlick’s conclusion, arguing that certain ballots that were deemed invalid be counted.
Gregory’s side argued that two Gregory votes thrown out by Mehlick because the election judge’s initials were not on a small line next to where it says “Judge’s initials,” should be counted. The initials were a few inches to the right, in the upper right-hand corner of the ballot.
In his analysis, Mehlick, initially counted a ballot with misplaced initials for the third-place finisher in the race, former Ald. Herman Senor. But after Gregory filed a motion in the concerning the two votes he thought he deserved, Mehlick responded the votes still should not be counted for Gregory and Senor should lose the single, similar vote as well.
While there was clear agreement on the need for initials on ballots, there was no consensus on the need for those initials to be on the specified line. While it is policy for judges to initial in the slated space, it is unclear if that is a specific requirement in the election code.
But Mehlick was backed up by Sangamon County Clerk Don Gray, who detailed the county’s election judge training, which addresses the issue of initials.
Besides that, Gregory’s side concurred with Mehlick’s findings. If every other recommendation is followed while the two ballots in question are counted, Gregory would win by just under two votes.
While agreeing with Mehlick’s conclusion that Simpson be declared the victor, Simpson’s team argued that several ballots voided by Mehlick should be counted. In question are 13 ballots that were voided because affidavits showing that the voter was assisted while filling out the ballot were improperly completed. Ten of those voters live at the Mary Bryant Home for the Blind and Visually Impaired.
In his report, Mehlick said that due to the error, all 13 ballots should be thrown out and all candidates’ vote totals should be reduced proportionally based on what percentage of the vote they received in the precincts where the 13 ballots were cast.
Simpson’s team argued, however, that voters should not be disenfranchised simply because of a mistake made by an election judge, arguing for the counting of all ballots. Under this scenario, Simpson would win with 468 votes to Gregory’s 463.
Simpson attorney Allen Yow, however, argued that if the 13 ballots where affidavits were not properly signed are thrown out, the two ballots Gregory’s team is seeking to be counted should remain invalid.
In defending his findings, Mehlick said that the council not accepting his recommendation would be an invitation for election judges to not follow the rules and get away with it.
Visibly frustrated during the meeting, council members will take up the recount again on Thursday. The key will be getting to six votes one way or another. Turner, explaining her recusal, described the recount as an “extremely arduous process” that has caused great upheaval in the community.
Joe McMenamin for Ward 7 