Fate of Ballot Question Left to Electoral Board
After days of contentious hearings, the city's electoral board will rule Thursday whether a non-binding referendum will be allowed on the March ballot.
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The city’s electoral board is set to make a ruling Thursday as to whether the Naperville Smart Meter Awareness group’s request to have a nonbinding referendum placed on the ballot will be allowed or denied.
After a roughly six hour hearing Monday, the hearing Tuesday was brief with motions dismissed or withdrawn and the proponent’s attorney opting not to call witnesses.
Four the last four days the electoral board, comprised of Mayor George Pradel, most senior city council member Doug Krause and City Clerk Pam LeFeber have met to hear arguments from the proponents attorney Doug E. Ibendahl, acting on behalf of the Naperville Smart Meter Awareness group and the objector’s attorney Kevin McQuillan, acting on behalf of William Dawe. City of Naperville Attorney Margo Ely has advised the board during the proceedings and helped moderate between the parties.
In November the volunteer driven Naperville Smart Meter Awareness group filed petitions seeking to have a nonbinding referendum placed on the March primary ballot. The question asked: “Shall the City of Naperville immediately and permanently stop the implementation of the $22 million smart meter project and dismantle all related equipment?”
On Dec. 27, William Dawe filed an objection to the question appearing on the ballot. The electoral board is charged with ruling on the objection.
McQuillan had said Monday that he would be calling the Naperville Smart Meter Awareness group’s proponents, but at the hearing Tuesday he said after the prior day’s testimony it was not necessary to call the witnesses. He opted to withdraw objection number three, from the court filing, which related to the petitions being invalid for failure to comply with the Notary Public Act.
Before closing the hearing, the board made a motion to strike and dismiss objections number one and four, which related to the objector’s assertion that the ballot question was a two-part question and that signatures on the ballots were altered.
The only objection remaining that the board must rule on is whether there are not enough signatures on the submitted petitions for the question to be placed on the March ballot.
McQuillan asserted that there are 519 signatures on the petitions from people who are not registered voters in Naperville. If more than 441 signatures are invalid the proponents would fall short of the statutory minimum to make it on the ballot, he said.
“Everything he just said was misleading at best,” Ibendahl said in response to McQuillen’s assertion that the group doesn’t have enough signatures to get the question on the ballot.
“He is trying to rely on what he is calling certification,” he continued. “Those are not the official results of a binder check. This is ridiculous. Number one neither party was present when they were done. More importantly once again council is trying to play a fast one on this board. In any case neither DuPage or Will was expressing any opinion on which residents are in which one. It’s amazing. He continues on this track. He sends a misleading subpoena asking for voter records of voters who don’t exist in a particular county and then when that country reports back, rightly so and understandably and as you’d expect that voter is not a registered voter in that county he tries to hang his hat on that and say they are not a registered voter at all. It is shameful.”
Repeatedly over the course of the hearings Ibendahl has asked the board to dismiss the objection.
The board gave Ibendahl the opportunity to bring witnesses before the board on Tuesday, but he declined. He said that it was going to come down to the board to make the decision.
The board will meet again at 1 p.m. Thursday in the city council chambers. The hearing is open to the public and can be viewed on government access TV station WCNC (Ch. 6 – WOW, Ch. 10 – Comcast, Ch. 99 – AT&T) or viewed live or on demand at the city’s website www.naperville.il.us/granicus.html.
RickR
12:34 am on Wednesday, January 11, 2012
Best quote of the day...
“When the facts are on your side, pound the facts. When the law is on your side, pound the law. When neither is on you side, pound the table.”
Gerard Schilling
4:06 am on Wednesday, January 11, 2012
It is disappointing that a three member board, one of which is a city employee reporting to the chairman of this board, appointed by him and who supports the smart meters, will make the final decision on whether this nonbinding referendum will be on the March ballad. Does anyone really believe when the final vote is taken it will be for the referendum being put on the ballad?
Why isn’t organization like the League of Women voters, the ACLU, Naperville Republican Party and other civic Naperville organization as well as the local papers expressing outrage over the disenfranchisement of Naperville voters and their right under the first amendment to redress grievances towards their government?
Freedom is lost one step at a time and to allow big government/lobbyist/and a few politicians to apply the full weight of government using your tax dollars to suppress legitimate opposition to what is obviously a scam through coercive and deceptive practices is a direct threat to your rights as guaranteed under the constitution.
Regardless of how you feel about the meters you should be very concerned about protecting you right to dissent!
RickR
9:40 am on Wednesday, January 11, 2012
Jerry,
Our country is based on laws. The law, in this case, says your group had to have 3,768 valid signatures and it appears you did not get that many. How is that violating anyone's rights?
By the end of the proceedings on Tues even Councilman Krause (your guy) was yelling at your lawyer and was voting against his motions.
Gerard Schilling
4:19 am on Thursday, January 12, 2012
RickyR
Only politically connected and corrupt agencies get too improperly interpreted laws. For the rest of us it’s used to suppress anyone who dares questions truth to power. According to you guys the vast unwashed, bible toting masses are too stupid to understand how a few power hungry megalomaniacs want to control all aspects of our lives and get rich doing it.
Smart meters is just the latest manifestation of big government shoving down the people’s throat another worthless devise intended to curb use of electricity by instituting punitive time of day rates. The fact that 27% of the project cost goes to the two consultants doesn’t seem to bother you guys nor indicate an audit is in order. (Follow the money)
Just remember we have nothing to gain out of this except defending our and your freedom from oppressive government. Some day you may wish you had done the same? Only time will tell.
RickR
10:16 am on Thursday, January 12, 2012
Jerry,
Having worked for a large corporation before I retired, 27% for consultants is certainly not excessive. The bulk of the consulting company fees are for project management. For large projects such as this, project management is key to getting the project done on time, on budget and achieving the stated goals. Last I heard, the project is on schedule (1,700+ meters already installed), and within budget.
You continue to suggest there is some sort of illegal activities involved with the project but you never provide any evidence, only overused political tirades.
If there is some sort of illegal or immoral activity going on, who is doing it and where is the evidence?
I believe the only decision the election board has to make is whether you group in fact, presented the required number of valid signatures. Their decision will be based on facts presented in the case, not their interpretation or bias.