McHenry Co. sheriff candidate asks for Nygren investigation

Adding fuel to an already heated campaign for McHenry County sheriff, challenger Zane Seipler Wednesday filed court papers asking for the appointment of a special prosecutor to investigate his claims incumbent Sheriff Keith Nygren and his department violated state election laws.

In a two-page petition filed in McHenry County Circuit Court, Seipler claims Nygren unlawfully used his official letterhead and star logo on campaign literature, used his county office to take a photograph with a 2008 state's attorney candidate he was backing and allowed that candidate's campaign fliers in the department's patrol room.

Seipler also claims that while a sheriff's deputy in 2007 he was approached by a supervisor and encouraged to attend a fundraiser for the state's attorney candidate, Dan Regna, because it would be "good for his career." He also alleges that sheriff's department personnel harassed one of his supporters when the person carried Seipler's business cards into the county courthouse.

Nygren rejected the claims, accusing Seipler of doing nothing more than seeking attention for his campaign.

"It's frustrating to deal with someone like this," Nygren said. "This has no merit and he knows it, but he sees an opportunity to get a few lines in the newspaper so he does this."

The allegations closely mirror those Seipler sent in the fall to the state's Office of the Inspector General, Illinois Attorney General, McHenry County State's Attorney and Illinois State Board of Elections. All declined to investigate.

"The evidence that came forward did not amount to a violation of the election code," said Mark Greben, general counsel for the state board of elections. "There just wasn't anything there for me to work with."

For example, Greben said, nothing in the election code bars someone from taking a photograph in his office or using official letterhead so long as the literature on which it appears is not paid for by taxpayers.

Seipler, 37, of Woodstock, is challenging Nygren, a three-term incumbent from Hebron, for the Republican party nomination for sheriff in next month's primary.

Seipler announced his candidacy less than a year after Nygren fired him in 2008 after an investigation revealed two incidents in which the former patrol deputy allowed two men driving without licenses to switch seats with female passengers. Once the women shifted into the driver's seats, Seipler issued them citations. Seipler has admitted that his actions were mistakes, but said he was using his discretion to give a pair of young drivers a break.

An arbitrator last year overturned Seipler's firing and instead ordered a three-day suspension. However, he has not returned to the force as Nygren goes to court to reverse the arbitrator's decision.

Seipler's petition is not scheduled to make its first court appearance until May 19, before Judge Michael Caldwell. Seipler said Wednesday he would press forward with the special prosecutor request, regardless of the primary result next month.