Saturday, April 14, 2012

When a sheriff leaves office...

What happens when a sheriff of an Illinois county leaves office? A sheriff can leave office for any number of reasons...

... he can lose an election
... he can fall into ill health
... he can retire
... he can become disabled
... he can get fed up and quit
... he can be convicted of a serious crime and forced out of office
... he can die

From a link on the website of the Illinois Sheriffs' Association comes the following Associated Press article, dated yesterday:

"The widow of a southern Illinois sheriff who died last month will serve out the remainder of her late husband's term.
"Hardin County Board Chairman Wayne Eichorn appointed Joyce Cullison to the office on Wednesday.
"Lloyd "Smokey" Cullison of Rosiclare was 71 when he died March 6. He was elected sheriff in November 2010 and earned his nickname by dressing as Smokey the Bear while teaching kids about the dangers of playing with matches.
"His widow has been with the sheriff's department for nearly 13 years."

According to the Illinois Sheriffs' Assn. directory, Sheriff Cullison served as Sheriff from 2006-2010. Hardin County is located in far southern Illinois; the county seat is Elizabethtown, along the Ohio River between Illinois and Kentucky (northeast of Paducah). The county population was 4,320 in 2009, and the sheriff's department has a six-bed jail.

The Daily Register (Paducah, Ky.) reported on March 6 that "Hardin County Coroner Roger Little will take over as sheriff until the November election, according to the Hardin County Independent newspaper. The county clerk's office will accept nominations of one Democrat candidate, one Republican candidate and one Independent candidate."

Suppose the election rules are different in Hardin County than in McHenry County, where the general opinion is that a successor must be from the same party?

3 comments:

Toa said...

For someone who wanted to be sheriff, you certainly are ignorant of the procedures, but that's something we voters are reminded of every time you open your mouth.

Here's how it works to fill a vacancy in an elected office.

1) the procedure is set by state statute, not by McHenry County or Hardin County or Philpott County.

2) if the sheriff vacates the office for any of the reasons you mentioned, the moment he is no longer holding office, the coroner of the county becomes acting sheriff until,

3) the county board appoints a replacement who is of the same political party as the former sheriff. This is not discretionary.

4) If more than 50% of the incumbent's term of office remains, the position is filled by candidates running in the next general election. They run for a 2-year term and then may succeed themselves for a regular 4-year term.

In the case of Mrs. Smokey, if her husband had died with less than 50% of his term remaining, there would be no election for a 2-year term, she (or whomever they appointed) would just fill out the balance of the term of office.

I'm not sure about the 2012 General Election being restricted to Republican, Democrat and Independent though. Why not a Tea Party Candidate or one of Obama's own - someone from the Socialist Party?

Gus said...

Thanks, Toa. Actually, I'm already aware of what you have written about, and I've written previously and, I believe, correctly about the procedure.

One point: the McHenry County Clerk informed me that, should Sheriff Nygren leave office less than 28 months before the 2014 General Election (i.e., in or after July 2012), then the County Board must appoint a Republican successor. Leaving before July 2012 would force an election in November 2012 for the remaining two years of the term.

Why do you suppose Hardin County didn't follow the "rules" and be required to appoint a successor from the Independent Party? Maybe it's discretionary south of Springfield.

"Mrs. Smokey" will serve until December 1, 2012. Who knows? Maybe she'll run and be elected in November.

(We do things a little differently in Philpott County, but you have to be a resident to be told our secret rules.)

Toa said...

As far as I could see from media accounts, there was no mention of her NOT being an Independent. Neither was there mention made in your original post about either her affiliation or her late husband's. Considering there was some controversy (typical political posturing is all, really) you would think that that would have been brought up. Instead, nothing is said and we have only your comment (in the original post) that "[I] suppose the election rules are different in Hardin County than in McHenry County, where the general opinion is that a successor must be from the same party?" which insinuates since there is no mention of party problems in Hardin that McHenry County just seems to appoint Republicans to Republican held posts because they want to. As evidenced by comments on the Regional Superintendent's Office.