The board met Tuesday in Crown Point to hear challenges against candidates in local races. Officials said all the candidates facing a challenge can appeal the board’s decision.
Attorney Eduardo Fontanez filed the challenge against McNary because she did not initial a section of her candidacy form that states a candidate will file a campaign finance statement of organization within seven days of declaring as a candidate.
McNary said it was her first time filling out the form, and that after she turned the form in it was reviewed by a staff member who “said I was fine.”
“It was just an oversight on my part,” McNary said. “I wouldn’t have arbitrarily not initialed it.”
McNary said she did not file a campaign finance statement of organization, and that she hasn’t raised money.
If McNary does not appeal the decision, that means that four Democrats will remain in the coroner’s race: former coroner David Pastrick, Clayton Frey, Perry Jackson Jr. and Samuel Smith, according to the Lake County Board of Elections and Registration.
Lake County Election Board member Michael Mellon said he believes “it’s a major defect” that McNary did not initial the form. The board approved in a 5-0 vote to uphold the challenge and remove McNary from the ballot.
The three Democratic candidates running for Commissioner 3rd District: Liliana Cruz, Lourdes Munoz-Hicks and Jesus Luis Ortiz against incumbent Commissioner Michael Repay, D-3rd, faced challenges as well.
Patrick Irwin challenged all three of the candidates, for separate reasons. On Tuesday, attorney Alfredo Estrada spoke on behalf Irwin.
Irwin challenged Ortiz for failing to demonstrate how he was affiliated with the Democratic party, Estrada said. On his candidate form, Estrada said, Ortiz marked that he is affiliated with the Democratic Party, but he did not mark how he claimed affiliation, either by most recent primary election or a certification from a county party chairman, which is required by law.
Ortiz said he “(hasn’t) missed a Democratic vote in 50 years come May.” But, Ortiz admitted that he “messed up” by not indicating how he affiliates with the Democratic Party.
“My Democratic voting record is impeccable,” Ortiz said. “It’s an honest error … but, I met the party’s obligation.”
Election Board Attorney John Reed said that the form can be interpreted as redundant because in the question above claiming affiliation a candidate has to mark if they are Republican or Democrat.
“Having this gentleman’s voting record it’s obvious, there’s no question, he’s a registered Democrat,” Reed said.
The board voted 5-0 to deny the challenge. After the board’s decision, Estrada said his client would like to withdraw the two other complaints against Cruz and Munoz-Hicks.
Cruz was challenged because she marked she affiliated with the Democratic party based on her vote in the recent primary election, though her voting history didn’t reflect that, said Lake County Board of Elections and Registration Director Michelle Fajman.
Munoz-Hicks was challenged for not initialing the section about filing a campaign finance statement of organization within seven days of filing a candidate form, Fajman said.
Estrada declined to comment on why he withdrew the challenges.
In the Democratic Lake County Recorder race, candidate Glenn Johnson challenged fellow candidate John Johnson for failing to file the appropriate statement of economic interest.
Estrada, who spoke on behalf of Glenn Johnson, said John Johnson filed a 2020 statement of economic interest instead of a 2019 statement of economic interest.
John Johnson said he made a mistake and that there was a lot of paperwork to fill out.
“I was filling out other papers and when I came back I saw … I put 2020 instead of 2019. That’s just an error in my rush to try to get the papers in,” John Johnson said.
Election Board Attorney Michael Tolbert said, it appears that John Johnson’s candidate form is “out of compliance,” because state statute indicates that statements of economic interests should be filed for the previous calendar year, in this case 2019.
“I think one arguably could read that this section might be a little bit more restrictive and require that certain things be done. It has to be done in compliance with the statute. It’s mandatory,” Tolbert said. “I think one way around it would be if we had some sort of an amendment that was before us, but there’s not an amendment before us.”
Mellon said he believes it’s a “script error” and that “it’s correctable.” Board chairman Kevin Smith said “this is a tough call.”
The board voted 5-0 to deny the challenge against John Johnson.
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