Crystal Lake man files appeal to appear on spring ballot

A Crystal Lake man is appealing a decision barring him from being listed on the spring ballot as a City Council candidate.

Robert Miller filed his appeal in McHenry County Circuit Court on Dec. 14.

“I have no intention of stopping at this point,” Miller said. He will appear in court Jan. 2, when a hearing date is expected to be scheduled.

The city’s Electoral Board voted Dec. 10 to sustain objections against Miller brought by three current council members. Cathy Ferguson, Brett Hopkins and Ellen Brady objected to Miller’s nominating papers because his statement of economic interest was turned in too late.

Miller said he turned in his statement of economic interest Nov. 27 – a day after the filing deadline – with former McHenry County Clerk Mary McClellan's permission. The McHenry County Clerk's Office was closed Nov. 26 because of a snowstorm.

McClellan previously said Miller’s claim “is not factual.”

Miller launched a GoFundMe campaign to pay for costs associated with the appeal. He said he may have to represent himself because he doesn’t have the funds to hire an attorney. He has so far raised more than $300.

When questioned about waiting for a couple of years to run, Miller said, “I believe I shouldn’t have to wait two years. Citizens deserve a voice.”

He said local residents are encouraging him to fight for a spot on the ballot.

During Monday’s City Council meeting, his wife, Dianne Miller, decried the decision to keep him off the ballot.

“This is nothing more than a form of voter suppression,” she said. “Robert is an honest, hardworking man who has always gone out of his way to help others. We strongly believe in karma.”

The Electoral Board is composed of three members, including members of the City Council, the mayor or the city clerk, as determined by state statute.

When one of these people also is the candidate, their spot is to be filled by the council member with the second-most years on the council.

The Electoral Board is composed of City Clerk Nick Kachiroubas, council member Ralph Dawson and Crystal Lake Mayor Aaron Shepley, who serves as chairman.

According to McHenry County Circuit Court records, the Electoral Board and its members, along with the three trustees who objected to his petition, are listed as defendants.

Electoral Board attorney Kenneth Florey said he will represent the board. Shepley declined to comment.