Ward 3 candidates square in O’Fallon off with objection

Ward 3’s two candidates for O’Fallon City Council are already squaring off as incumbent Andrea Fohne, who was appointed to fill the unexpired term of Kevin Hagarty, is contesting challenger Vern Malare’s petition.

Both filed for the April 4 municipal election. In O’Fallon, one seat each in six wards and two in Ward 7 will be decided. There are three contested races — in Wards 2, 3 and 4. The other candidates are unopposed.

Malare, who describes himself as a “concerned citizen who doesn’t like the way things are going,” said he was served papers Friday, Dec. 30, by a St. Clair County deputy sheriff informing him a hearing was set for Tuesday, Jan. 3, regarding his petition.

Deputy City Clerk Misty McDonald said the city only received one objection — from Fohne for candidate Malare.

“Any registered voter within the voting district has a right to object to a candidate petition,” McDonald said.

The State Board of Elections’s Candidate Guide says this: “A candidate’s nomination papers may be challenged by the filing of an objection. The deadline for filing objections is five business days after the last day of the filing period. Objections to all nominating papers are heard by the proper electoral board as designated in the Election Code and decisions of the electoral board are subject to judicial review. (10 ILCS 5/10-8 through 10-10.1)“

Mayor Herb Roach said a decision will be announced at 1 p.m. Friday, Jan. 6, on whether Malare is allowed to stay on the ballot. An election committee of Roach, City Clerk Jerry Mouser and Alderman Jerry Albrecht were present at Tuesday’s hearing.

“That’s all the information we have at this time,” Roach said.

Fohne is contesting his candidacy because of what is perceived as errors in his paperwork that was filed, for he failed to circle “city” in the space where a potential candidate must select city, village, or unincorporated area.

Malare also left a part blank where he was to put his name. His petition was notarized by a notary public, as all candidates are required to do.

“I forgot to print my name there,” he said.

He also used his nickname “Vern,” instead of his given name of Vernell, which was cited as another reason. And he used “alderman” instead of “alderperson” on the documents.

Malare argued other candidates did not circle it, either, and some filled out theirs incorrectly regarding the seat they are seeking.

Malare previously ran for alderman in 2017 and was defeated by then-incumbent Matthew “Gilly” Gilreath.

Malare said when he turned in his paperwork back then, he used the word “alderman.” Nor did he circle “city” ... “and it was accepted,” he added.

The Illinois State Board of Elections amended alderman to alderperson in September in its “Candidate Guide.”

Some candidates used “alderman”: Dennis Muyleart, Aaron Hudson, and Gilreath. Mary-Jeanne Hutchinson, Jessica Lotz, Tom Vorce, and Todd Roach used “alderperson.” Eric Van Hook and Nathan Parchman wrote “Council Member” on their form.

Those who did not circle “City” were: Hutchinson, Hudson, Van Hook and Parchman.

“Nobody else is being challenged who didn’t fill it out right. She pointed me out and wants to take me off the ballot,” he said. “I say let the public make a decision. That really upsets me.”

Malare also had issue with the timing as Dec. 30 was before a holiday weekend, so he couldn’t contact an attorney.

“I tried, but no one was around,” he said.

Malare retired from the National Weather Service in 2010 after working for the government for 21 years. He grew up in O’Fallon and is a volunteer with the O’Fallon Historical Society and the Cemetery Detectives. He frequently attends city council and committee meetings and comments during the meeting agenda where the public is allowed five minutes to speak.

On Jan. 19, City Clerk Jerry Mouser said filing was completed for the municipal election April 4, 2023. City council races are expected in Wards 2, 3 and 4. Filing took place Dec. 12-19.

In Ward 3, Fohne, who was appointed to fill the unexpired term of the thrice-elected alderman Hagarty after his death last spring, was to face Malare, who previously ran in 2017.

Malare said Tuesday morning he attended the hearing by himself and did not have a lawyer present.

“I don’t have the money for that,” he said.

Malare said the city’s attorney told him he had “substantially complied” with his paperwork.

If he is removed from the ballot, Malare said he can file as a write-in candidate.

More about council races

Incumbent Alderman Lotz, elected in 2019, is being challenged in Ward 2 by Hutchinson, the former parks and recreation director.

In Ward 4, Alderman Roach, elected in 2019, will face former Ward 3 Alderman Gilreath, who did not seek re-election in 2021 and he was elected O’Fallon Township Clerk. Gilreath was appointed to the council in 2016 and won the seat in 2017.

Ward 5 Aldermen Gwen Randolph is not running for re-election. Randolph, appointed in 2018, made history as the first African American woman to serve on the council. She was re-elected in 2019. Hudson has filed to run for the open seat.

One-term incumbents Muyleart of Ward 1, Vorce in Ward 6, and Parchman in Ward 7 will not face opponents, and neither will appointee Van Hook, who filled the late Dan Witt’s seat last summer, and is seeking the two-year term remaining.

Withdrawing candidates

Regarding withdrawing candidates, the state document says: “Whenever the name of an independent candidate for an office is withdrawn or an independent candidate’s petition is declared invalid by an electoral board or upon judicial review, no vacancy in nomination for that office shall exist. A vacancy in nomination contemplates a political party organization to fill it, but an independent candidate is not supported by a party structure. Therefore, vacancies for independent candidates cannot be filled. (10 ILCS 5/10-7)”

Write-In Candidates can declare their intent by filing a notarized form no later than 61 days prior to the election.

To view all the O’Fallon candidates’ petitions for office, visit the city website and view the PDF files: https://www.ofallon.org/sites/g/files/vyhlif1031/f/pages/petitions_received_-_april_4_2023_consolidated_election_4.pdf

Shiloh Village Board

In Shiloh, eight candidates are vying for three available trustee spots on the village board, including former Mayor Jim Vernier II, who was defeated in 2021 by trustee Robert Weilmuenster. Vernier served 20 years as the mayor.