‘A win for fiscal responsibility’: DuPage County lauds latest ruling in ongoing legal battle with county clerk

A judge once again has sided with DuPage County in its ongoing legal battle against County Clerk Jean Kaczmarek.

On Wednesday, DuPage County Judge Bryan Chapman denied a motion for a summary judgment in which Kaczmarek argued that she has the authority to procure services and that contracts awarded to two election-related vendors fit under the professional services exemption for public bidding.

Chapman also ruled in favor of the county’s request for a summary judgment. Attorneys for the county had argued that the contracts had been bid during previous years. If Kaczmarek had determined the services were exempt from bidding, the county argued that she should have communicated that to the county auditor.

In his decision, Chapman referred to an Aug. 25 ruling in which he determined that the clerk must follow the county’s accounting procedures.

DuPage County Board Chair Deborah Conroy responded to the ruling by saying the county is “thrilled” the judge has affirmed its position that Kaczmarek “must follow the same finance and budgeting procedures that apply to every county office.”

In 2024, Conroy successfully lobbied for a change in state law to clarify that elected officials bid out contracts for goods and services in excess of $30,000. The law came after seven Republican and two Democratic county board members sent a letter to Conroy in April of that same year requesting discussion at a board meeting regarding no-bid contracts from the county clerk's office.

“From the beginning, our goal has been to ensure all elected officials follow the law and adhere to the highest standards of government accounting, ensuring public funds are managed in a professional and transparent manner,” Conroy said in a written statement. “This ruling is a win for fiscal responsibility and transparency, and we are hopeful the clerk will follow the judge’s orders moving forward.”

Meanwhile, the clerk’s office said it plans to appeal the ruling and remains focused on the upcoming election.

“My only priority is delivering the best elections to DuPage County voters,” Kaczmarek said in an email. “The rest of the state doesn’t seem to have a problem understanding that county clerks run elections, not county boards.

“I will continue fighting against the illegal politicized interference with my office’s operations,” she added.

Kaczmarek’s attorney, Ken Florey, said the clerk’s appeal will include Chapman’s Aug. 25 ruling. He anticipated a notice of appeal would be filed within the next week.

Chief Deputy Clerk Adam Johnson said Wednesday’s ruling left unanswered questions and did not settle the argument over the clerk’s authority to run her office.

The clerk’s office has long argued that state law gives Kaczmarek internal control over her office — a view the clerk’s office says is affirmed by multiple state attorney general opinions.

“After over a year of litigation, we’re left with less clarity than when we started,” Johnson said.

He added the clerk’s office plans to continue working with Prager Moving & Storage and Governmental Business Systems in the upcoming election. The county only recently paid invoices totaling more than $100,000 for each vendor for services provided in the 2025 elections.

In July, DuPage County Chief Judge Bonnie Wheaton granted the county’s request for a special prosecutor and appointed the Illinois attorney general’s office to investigate whether the county clerk’s office acted improperly in awarding the no-bid contracts with the two vendors. A spokesman for the Illinois attorney general’s office did not respond to an email Wednesday seeking comment on the matter.

The county has spent roughly $200,000 on legal representation for Kaczmarek since the lawsuits were filed last year.