Comment on Electoral board upholds referendum asking whether to restructure Regional Office of Education

McHenry County’s electoral board decided on Tuesday to overrule an objection seeking to strike an advisory referendum regarding the restructuring of McHenry County’s Regional Office of Education from March’s ballot. The complaint, which was filed by former McHenry County Board candidate Orville Brettman, alleged that the referendum – which asked voters whether the County Board should pursue restructuring of the office of the McHenry County Regional Superintendent of Schools or enter into an agreement with another Regional Office of Education to share services – was defective and offered a vague definition of what restructuring the office would entail. Brettman’s attorney, Kenneth Shepro, argued that under the law, a referendum question has to be capable of being answered “yes” or “no.” However, Shepro compared the language of the ROE referendum with seeking a “yes” or “no” answer to the question of whether a married couple should divorce or seek marriage counseling. Lake County Assistant State’s Attorney John Christensen, who represented the McHenry County Board during the hearing, argued that the advisory referendum simply is seeking guidance from constituents and if voters are not in agreement of a new structure of the office, they will vote “no.” Shepro also argued that several election precincts within other counties are incorporated within the McHenry County ROE but the resolution authorizing the referendum fails to specifically state that the question would be voted on through elections within the ROE’s region. Norm Vinton, chief of the McHenry County State’s Attorney’s Office’s civil division, said he trusted that the appropriate county clerks will certify the referendum for the affected precincts. “If not, I think it’s a lawsuit for a different day,” Vinton said. Vinton said that he did not believe the petitioner met his burden of proof that the advisory question was defective because no case law was referenced defending the claim. The electoral board voted, 3-0, to overrule the objection. Brettman said he was shocked by the unanimous decision but will seek judicial review of his petition.