Lake County Coroner Dr. Thomas Rudd (seated at right) waits for the July 14 hearing of county’s Electoral Board of Review to begin. (Photo by Gregory Harutunian/for Chronicle Media)

In another twisting turn for incumbent Lake County Coroner Dr. Thomas Rudd, a letter requesting that his declaration of intent to run as a write-in candidate for the Nov. 8 general election, be returned to him, was declined.

The action leaves Rudd with his only option to win re-election, following previous losses through the Illinois court system.

A Sept. 20 letter, from Burton Odelson, the attorney for Democratic county coroner candidate Michael Donnenwirth, addressed to Lake County Clerk Carla Wyckoff, outlined a successful objection to Rudd’s independent petition attempt “before the Lake County Electoral Board, Circuit Court of Lake County, and the Second District Appellate Court …The Illinois Supreme Court (also) denied his petition to leave for appeal.

In citing the Appellate Court’s published decision, Odelson noted that “he (Rudd) is not qualified to receive write-in votes … since one can only be a Democrat or an Independent, and the court told him he cannot be an Independent.”

Rudd had filed petitions to run for re-election as a Democrat in the March 2016 primary. Rudd, who said he was wrongly advised to sign several petitions, where circulating information was left blank, withdrew his candidacy prior to an electoral review board hearing, after Mark Shaw, now Lake County Republican Party chairman, had filed an objection.

Rudd mounted an Independent candidacy and garnered 14,232 signatures of registered voters, prior to the June 27 deadline. Donnenwirth and local activist Keith E. Turner filed an objection contending Rudd had filed as a Democrat, and could not withdraw his party affiliation. Circuit Court Judge Diane Winter agreed, and the election law pertaining to the case was amended in 2012.

Wyckoff also applied the law in the county’s Electoral Board of Review determination July 14 in upholding the petition objection. An Aug. 5 finding by Effingham County Circuit Judge William Becker, stated “The Illinois law that keeps certain individuals off the election ballot in the state is unconstitutional.”

Becker took exception, in that candidate field “was not level, simply because someone wanted to challenge the established parties.”

Odelson was unavailable for comment, at press time.

Wyckoff issued her decision, on Odelson’s letter, Sept. 22.

“I received the Sept. 20 letter asking me to reject and return the Rudd declaration,” she said. “I gave careful consideration to the request and the argument, from the attorney representing Mr. Donnenwirth. I did not think his arguments held merit, so I respectfully declined his request.”

The Illinois State Board of Elections also has no mechanism for the banning of a write-in candidate. An agency source reiterated that such a process does not exist and if the candidate has filed the necessary paperwork in a timely fashion, prior to the deadline (Sept. 8), and barring a court order, the votes cast would have to be counted.

Ross D. Secler, of the Chicago-based firm of Secler and Associates Inc., which has represented Rudd throughout the court proceedings, replied via email, “I have no comment,” concerning the action, whether Odelson had contacted him, or the strategy of not going directly to federal court for relief.

When contacted, Rudd was surprised by the letter.

“I am pleased with the county clerk’s decision and plan to move forward as a write-in. Finally, and hopefully, the citizens of Lake County can actually vote for the candidate they want in the general election, and not have choices dictated by political factions.