St. Clair Electoral Board rules on three objections to County Board candidacies

Three candidates running for St. Clair County Board found out Monday they could stay on the March ballot, while decisions on four other objections on County Board candidacies are still pending.

The St. Clair County Electoral Board, consisting of State’s Attorney Brendan Kelly, Circuit Clerk Kahalah Clay and County Clerk Tom Holbrook, on Monday heard objections to the candidacies of 18 people seeking to run in the March primary.

Seven of the cases involved candidates for St. Clair County Board. The others involve people seeking to serve as precinct captains for their party.

The board denied an objection by Jerry Nichols Sr. to the County Board candidacy of Ron Gerlach. Both are seeking the Republican nomination in District 25.

Nichols said Gerlach’s candidacy petitions were not bound together as required.

“It had no staples,” Nichols said.

Gerlach argued they were bound by a paper clip.

During the hearing, Margo Lewis, an employee in the County Clerk’s office, confirmed that Gerlach’s forms were bound by a paper clip in a file folder.

Kelly said there was legal precedent stating a paper clip is sufficient.

The board also denied an objection by Lester Byrd to the County Board candidacy of Dixie Siebert. Byrd, a Republican, and Siebert, a Democrat, are running for County Board in District 10. Byrd argued that Siebert did not circle the word “nomination” on candidacy petitions for the primary election.

Byrd argued other candidates circled the word “nomination,” including St. Clair County Board Chairman Mark Kern.

“Mrs. Siebert was sloppy,” Byrd said. “She did not examine petitions put in the hands of circulators.”

Siebert’s statement of candidacy did say she is running for the Democratic Party nomination.

Kelly said there was no requirement saying “nomination” had to be circled on the petitions.

Sheriff Rick Watson substituted for Holbrook on this case, as Holbrook helped Siebert gather signatures for her candidacy.

The board made no immediate decision on an objection by Robert Eastern III to the County Board candidacy of Roy Mosley Jr. Eastern argues that Mosley, a Democrat, should not have signed a candidacy petition for Laninya Cason, a Republican who is vying for a judgeship. Eastern argues that a candidate can have only one party affiliation during an election cycle.

“He can’t declare as a Republican, and turn around to run as a Democrat,” said Mark Peebles, attorney for Eastern.

Petitions to run can’t be circulated more than 90 days before the deadline to file petitions to run.

Attorney Robert Sprague, who represented Mosley, argued Mosley may have signed Cason’s petition more than 90 days prior to filing his own papers. He also said there is no date on when Mosley signed the petition.

In fact, many of the cases heard Monday involved the same issue of people wanting to run in the Democratic primary, but also signing petitions for Cason. Decisions on Joan McIntosh’s objection to Harry Hollingsworth and Marvin Strode were postponed.

Strode and Hollingsworth are seeking to run as a Democrat in District 2, where McIntosh, a Democrat, already serves on the board. McIntosh argues that Strode and Hollingsworth should not have signed the candidacy petition of Cason.

Strode also objected to Hollingsworth’s petition for the same reason — signing Cason’s election petitions.

The state’s attorney’s office will conduct further research on the issue before the Electoral Board makes a decision. A decision by the Electoral Board was scheduled to be released at 9 a.m. Tuesday.

During the hearings, Hollingsworth denied signing a petition for Cason. Hollingsworth said the signature on Cason’s petition was not his, and that his name was spelled incorrectly.

“I know how to spell my own name,” Hollingsworth said.

Strode said he asked Cason to remove his name from the petitions she turned in.

The board denied Hollingsworth’s objection to Strode’s candidacy, so Strode stays on the ballot for now. Hollingsworth argued there were inconsistencies in Strode’s petitions.

“He could be running some place in Missouri if he doesn’t state where he’s running,” Hollingsworth said of Strode.

Kelly said the Strode was substantially compliant with his petitions.

This story was originally published December 14, 2015 at 9:30 AM with the headline "St. Clair Electoral Board rules on three objections to County Board candidacies."