Lake County Coroner Dr. Thomas Rudd listens to testimony during his July 14 Electoral Board of Review hearing. (Photo by Gregory Harutunian/for Chronicle Media)

Lake County Circuit Court Judge Diane Winter ruled that county coroner Dr. Thomas Rudd’s name will not appear on the Nov. 8 General Election ballot as an independent candidate, and upheld objections to his candidacy by the post’s Democratic nominee, Michael Donnenwirth.

Rudd has said he will continue litigation to appeal the decision, not specifying whether at the state Appellate or Supreme Court levels.

In issuing her Aug. 17 determination, Winters reaffirmed that Rudd had filed petitions to run for the post as a Democrat, along with a statement of candidacy, which does not retract a party affiliation, despite withdrawing his candidacy, and negating a run as an independent. He withdrew in December, from the Democratic primary, after signing blank petitions as the circulator in error.

Winter’s ruling, stated, “Consistent with the obligation to uphold statutes if there is a reasonable way to do so, the court will not consider a constitutional question if the case can be decided on other grounds. If a court can consider a case on non-constitutional grounds it should do so.”

In citing a 2007 case, Wade vs. the City of North Chicago, it was determined that “it is unnecessary to address constitutional issues raised by the petitioner.”

During that Aug. 11 judicial review session, it was brought out that Effingham County Circuit Judge William Becker had ruled Aug. 5 that “the Illinois law that keeps certain individuals off the election ballot in the state unconstitutional,” in a story posted by the Effingham Daily newspaper. Candidate Michael DePoister was seeking re-election as a Republican, and learned the county’s Republican Central Committee was supporting another person in the March primary.

DePoister announced plans to run for re-election as an independent candidate, yet voted in the March 16 primary using a Republican ballot. Electoral law states that voting for an established party in the primary precludes seeking office with an independent candidacy in a general election, of the same year. The county’s Electoral Board ruled favorably with an objection and removed his name from the ballot. The subsequent court ruling placed his name back on the ballot.

“I think the pertinent point of this issue, for the judge, was that there was no clear, compelling, or legitimate reason presented by the state,” said Chris Koester, DePoister’s attorney. “Amending the statute in 2012, the legislation passed leaving nothing for outsiders, such as third party or independents, to challenge. It limited access for association and free speech, both constitutional issues.

“They must be treated equally, not just because they challenge you. The judge determined that in his ruling,” he said. “It’s law. As for appeals, they are waiting for direction from their client, and at this point, it’s not certain whether it will go to the appellate level or Illinois Supreme court.”

Mark Shaw, named Lake County Republican Party Chairman April 15, had filed the objection to Rudd’s primary petitions, although Rudd withdrew his candidacy as a Democrat seeking re-election, prior to an Electoral Board of Review hearing, and also did not vote in the March primary. The petition objection resulted from no signatures in the circulator space, on some sheets, which Rudd was wrongly advised he could sign.

His independent effort garnered 14,232 signatures by the June 27 deadline. Donnenwirth, along with Keith E. Butler, filed objections based on Illinois election law preventing party switching during the same election cycle. The Lake County Electoral Board of Review met July 14 to hear arguments from both sides, eventually acting to remove Rudd from the ballot.

“The law was amended in 2012, by the state legislature, when someone ran (for office) for an established political party, then as an independent in the same election cycle,” said Lake County Clerk Carla Wyckoff, also the board’s chairperson. “All we did was apply the law. The Electoral Board does its best to comply with the law, and was judicious, as well as impartial, in rendering its decision,” she said.

Rudd indicated relief from the decision would be sought through the courts, as the law is “vague to interpretation,” and contained no process mechanism for individuals that have completely withdrawn their candidacy, covered within the election code, 10 ICLS 5/10-10.1, which led to the Aug. 11 hearing before Winter.

Rudd has not decided whether to pursue his case through the state’s appellate level, or go to the Illinois Supreme Court. “I’m just looking to have my day in court, in an impartial environment.”

The Lake County Clerk’s office has set a Sept. 8 date, as a deadline for write-in candidates. Rudd has indicated he would seek a write-in candidacy should the litigation course prove fruitless. “It’s odd, I can’t run as an independent, but I can run as a write-in, during the same election cycle” he said. “Did I miss something?”