Crystal Lake man continues fight to appear on ballot

McHenry County Clerk and Recorder Joe Tirio has filed an emergency motion to intervene in the case of a Crystal Lake man hoping to appear on the spring ballot for a seat on the Crystal Lake City Council.

Last month, the city’s electoral board voted to sustain objections against Robert Miller brought by three current City Council members. Cathy Ferguson, Brett Hopkins and Ellen Brady objected to Miller’s nominating papers because his statement of economic interest was turned in 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 has spent weeks appealing the board’s decision. Both parties will appear Monday before Judge Thomas Meyer in McHenry County Circuit Court, according to court records.

Miller is representing himself because he said he cannot afford an attorney. Electoral board attorney Kenneth Florey is representing the board.

“I’m feeling as confident as I’ve ever been,” Miller said.

Tirio was not available for comment. In the emergency motion to intervene, he said it’s best for a final decision to be made as soon as possible.

“The case at bar currently has a court date set for Feb. 11, 2019. This date is far beyond the date for certification and the date for certifying and submitting ballots for printing,” the motion reads. “It would be in the interest of fair and efficient justice, and to ensure that the election has all appropriate candidates included ... for the hearing and court’s decision to be held and decided prior to Feb. 4, 2019.”