Recently certain residents in McHenry County may have received a notice of appointment as a Judge of Election. The document is labeled as an Official Commission and is signed by Chief Judge Michael Sullivan and County Clerk Katherine Schultz.
I received one of these, having served as an election judge during the last election. I served at the St. John's Lutheran Church in Woodstock.
Had it not been for a reader of this blog, I might have just skimmed the document and signed and returned the Acceptance. Having read it and recognizing that my acceptance of the commission could subject me to penalties under the Illinois Election Code, I decided to read it carefully and understand exactly what I was accepting.
What are the penalties? Try on Class 4 Felonies and Misdemeanors. No thank you.
The document, sent to my legal voting address in Dorr 8 Precinct, informs me that I have been approved as a Judge in Greenwood 4; that's where I was last a judge. So I guess I would be stuck there in the future. No big problem; it's close and the natives are friendly there.
Then the document informs me that "as an officer of the court" I am subject to the rules and control of the court... Well, okay, guess I'd better find out what those rules are, in order to know whether I agree to them - and so that I don't inadvertently violate one (or more) of them.
What are the rules?
Did you know that you can't "gives, lends or promises to give or lend any money or other valuable consideration to any other person to influence such other person to vote or to register to vote or to influence such other person to vote for or against any candidate or public question"? The penalty? Guilty of a Class 4 Felony.
If you buy a person a drink and ask him to vote for you, is that illegal? What about the pre-election parties where the booze flows so freely? Is that vote-buying?
When I jokingly offered rides to the polls in 2010, was that a "valuable consideration" to influence a person to vote? If a person intended to vote for me, I offered a ride at any time during the day. If they were going to vote for Nygren, they could me me after 6:55PM for a ride. Did I inadvertently attempt to influence (unknown) persons to vote for or against any candidate? Since I didn't make the offer to any "person", I feel confident that I did not violate any election law.
Another problem with the Acceptance of Official Commission form is that, as printed, it requires me to swear that I am a legal voter from my address and precinct. The problem is that the precinct for which I am a commissioned election judge is not for my address. So, if I sign the form without changing it, then I would be swearing to something that is not true. Better not do that in Illinois!
While the form doesn't specifically give a Judge the right to resign, the County Clerk's office says you can.
The County Clerk's office has informed me that I can line out what is incorrect on the Acceptance form.
Your signature on any form, whether a government document or otherwise, is very important. Read and understand documents carefully. If you don't agree with it (or a portion of it), ask questions before you sign. If you don't or won't agree, don't sign it.
Want to read all the other prohibited acts? Visit the statutes by clicking here.
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