Campton Hills dissolution won't be on Feb 5 ballot
A resident-led push to dissolve the village of Campton Hills suffered a major setback Monday, when a judge ruled the Feb. 5 primary ballot is already too crowded for another referendum question.
The judge did side, however, with dissolution proponents by removing four village officials whom proponents claimed were biased from the electoral board. That board still could decide whether the dissolution question goes to voters in the next election.
In announcing his decisions, Kane County Judge Michael J. Colwell pointed out voters already had one chance to decide if the Campton Hills area should remain unincorporated or become a municipality. That was in April, when voters narrowly approved forming a village.
"I think the problem your clients have is they weren't paying attention," Colwell told Richard Skelton, attorney for the Stop Campton Hills Public Action Committee, which is proposing dissolution.
"To the victor goes the spoils," the judge said.
At issue was whether residents could place a question asking if the village should be dissolved on a ballot that already contained three non-binding referendums proposed by the village.
Election code allows for only three referendums on a single municipal ballot. But in court Monday, Skelton claimed the village referendums on mosquito abatement, developer fees and weather sirens were an attempt by the appointed board to block the dissolution drive.
Skelton also argued his clients have a constitutional right to move ahead with the referendum because it was brought forth by voters and the results would be binding.
Colwell responded by saying the village's referendums might be "goofball questions," but were nevertheless "very cleverly, properly and legally" placed on the ballot, where they should remain.
After the hearing, Skelton said he might consider appealing the judge's decision, depending on the outcome of objections filed against his clients' referendum petition.
That case was originally scheduled to be heard today by an electoral board consisting of Village President Patsy Smith, Village Clerk Rebecca Lambe and two trustees. But on Monday, Colwell removed all village officials from the panel after Skelton alleged it would be biased because the members supported incorporation, and Smith is running for office.
A new panel is expected to be appointed by Chief Judge Donald Hudson in coming days.
The group will decide whether there's merit to an objection questioning the legality of hundreds of signatures on the dissolution petition. If enough signatures are found valid after an objection hearing, the dissolution question could appear on a ballot as early as the next election in November.