DePoister Off Ballot, Says Electoral Board

The Effingham County Officers Electoral Board Tuesday ruled in favor of an objection to the candidacy of County Board member Mike DePoister, and ruled that DePoister's name will not appear on the general election ballot in November.

(MIKE DEPOISTER)

Steve Donaldson had objected to DePoister appearing on the ballot since he had voted as a Republican in the March primary. State statute reads that someone who voted in the primary as a member of a recognized political party cannot run as an independent or as a candidate of another recognized political party that November.

DePoister's attorney, Chris Koester, had argued at a Friday hearing that Donaldson had not declared why he filed the objection. Effingham County State's Attorney Bryan Kibler, speaking for the Electoral Board, said at Tuesday's hearing he believes Donaldson had met all the requirements and had said at Friday's hearing "it was clear to him why (Donaldson) was seeking this" (DePoister's removal from the ballot). 

The decision by the Electoral Board was unanimous, Kibler, County Clerk Kerry Hirtzel and Circuit Clerk John Niemerg all denying Koester's motion to strike Donaldson's objection, and then upholding Donaldson's objection to DePoister appearing on the ballot.

Koester and DePoister said after the hearing that they would meet to decide their next course of action, saying the decision of the Electoral Board was "not unexpected". Koester noted that the Electoral Board couldn't consider the constitutionality of the statute that governed their decision. To that point, Kibler said he doesn't like the statute, saying "it's not right, it limits the choices of voters, and it's not a very good law, in my opinion."

Koester and DePoister have five days to file a request for the matter to be heard by a judge in Circuit Court, that being until Monday.