Judge continues battle over Caseyville mayor's race

News-DemocratFebruary 18, 2014 

It will be a while longer before the Caseyville mayoral election is decided.

St. Clair County Judge Andrew Gleeson ruled Tuesday that former Mayor George Chance's lawyers may have 30 days to amend their complaint so he can add sworn allegations as to why there should be another recount.

Then Gleeson will decide whether the law allows a lawsuit filed by Chance to proceed on an amended complaint, but that won't be for at least another two months, after now-mayor Leonard Black has a chance to respond to Chance's new complaint.

Chance lost the election on April 9 by four votes. His lawsuit alleges that in 33 incidents, people either voted but were ineligible or were a qualified vote was denied.

Former St. Clair County Clerk Bob Delaney, who presided over the 2013 election, and Black are the defendants. Delaney resigned last year. On Tuesday, Gleeson allowed present County Clerk Tom Holbrook to replace him in the suit.

Kevin Kaufhold, Chance's attorney, filed a response to a motion to dismiss the lawsuit filed by Christopher Cueto, Black's attorney. Cueto argued Tuesday that each of those 33 incidents should be verified by way of affidavit and should have been filed with the original complaint.

During the initial count, Chance lost by 12 votes. After counting the provisional and absentee ballots, Black won the race by four votes.

Contact reporter Beth Hundsdorfer at bhundsdorfer@bnd.com or 618-239-2570.

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