NORMAL, Ill. (WMBD) — Judge Mark Fellheimer of McClean County Circuit Court ruled that three petitions shall not be certified for the April ballot.

“We are pleased the judge agreed with our legal team’s assessment,” said Mayor Chris Koos in a a release. “We are glad to put this issue behind us. This decision comes on the heels of the recent review of the Town’s budget which focuses on what our community wants us to focus on: improving infrastructure, paying down and restructuring debt and enhancing the quality of life in our community.”

The petitioners are Charles Sila for town collector, Robert Shoraga for town supervisor and Amy Conklin for town clerk. The positions for town collector and town supervisor do not exist and the town clerk is an appointed position.

Southern Illinois Attorney Tom DeVore is representing the three positioners and they argue the following Illinois Municipal Code:

65 ILCS 5/3.1-25-95) (from Ch. 24, par. 3.1-25-95)
    Sec. 3.1-25-95. Incorporated town officers. For the general municipal election to be held in the year 1985 in every incorporated town with a population of 25,000 or more by the last official census, and every 4 years thereafter, the municipal clerk shall certify the names of the candidates to the proper election authority as provided by the general election law. A president, a clerk, an assessor, a collector, and a supervisor shall be elected for a term of 4 years and until their successors are elected and have qualified. Whenever a vacancy occurs in the office of any of the specified officers, the vacancy shall be filled for the remainder of the term at the next general municipal election in that incorporated town as provided in Section 3.1-10-50. Whenever an election is held for this purpose, the municipal clerk shall certify the office to be filled and the candidates for that office to the election authorities as provided in the general election law. During the period from the time a vacancy occurs until a clerk, assessor, collector, or supervisor is elected and has qualified, the vacancy may be filled by appointment by the president and board of trustees of that incorporated town voting jointly. During the period from the time a vacancy occurs until a president is elected and has qualified, the vacancy may be filled by appointment by the board of trustees of that incorporated town.
(Source: P.A. 87-1119.)

According to Fellheimer the code is a not a limitation to Normal’s Home Rule Rights.

“The town can disregard it if they want to but they have to disregard it through the act of a referendum of the voters. They can’t disregard it by merely saying, ‘We as a town are just going to ignore it or not apply it.’ I think that’s where the judge missed his analysis,” DeVore said.

DeVore said if his clients choose to appeal he believes their argument has merit but there won’t be enough time for them to appear on the April ballot.