Petition against District 118 didn't hold up
A petition opposing Wauconda Unit District 118's decision to sell $16.9 million in cash bonds and aiming to instead force it to a referendum vote has been ruled invalid by an electoral board.
Petition representative Melissa Cook said organizers will appeal the board's Thursday night decision to the Lake County circuit court, where they believe they'll have a better chance of winning.
Cook said the District 118 electoral board was made up of three school board members backed by legal counsel. She said her group could not afford a lawyer for the hearing but plans to hire one for the appeal.
"I knew walking in there that we weren't going to win," she said.
Cook, Wauconda village Trustee Mary Schorr and other residents have 10 days from when they receive the election board's written decision to file the appeal.
At issue is the District 118 school board's Sept. 3 decision to borrow money to cover payroll and offset delays in state funding. The district didn't need voters to approve the bond sale, but state law allows a ballot question to be forced if 10 percent of registered voters sign a petition within 30 days of the decision.
Electoral board members John Armstrong, Deby Dato and Brian Swanson ruled against the petition after reviewing the case and deciding there were not enough valid signatures.
Resident Stephan Diol, who filed the objection along with Jonathan Feryance and Lynn Vogeler, challenged more than 106 signatures as invalid. The election board examined each and ruled 85 were invalid.
That left petition backers with 1,491 valid signatures, 52 short of the needed 1,543 to force the Feb. 2, 2010, referendum vote.
"I was very disappointed that people would try to file an objection to the voice of the people," Cook said. "We are looking for transparency."
Feryance said the board made its decision based on the petition and the objection simply presented it.
"It was the content of the petition that the board members voted on," he said. "It was just the evidence that won."