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Mayoral hopeful wants board decisions overruled

Boseneiler wants back on ballot, his opponents’ petitions examined

Published: Friday, Jan. 25, 2013 1:15 a.m. CDT
Allen Boseneiler

ROCK FALLS – Local businessman Allen Boseneiler is determined to run for mayor.

He is not happy with the decisions made by the city’s three-member Board of Elections on Jan. 16 that prevent his name from being on the ballot, so he filed a motion for judicial review this week to ask a judge to reconsider that decision.

He’s also asking the judge to overrule the board’s decision to reject his objections to the petitions of the two other candidates for mayor.

Whiteside County Associate Judge Bill McNeal will hear his case at 1:30 p.m. Feb. 8.

Circuit Clerk Susan Ottens said she expects McNeal “will try to make a decision as soon as he can.”

Boseneiler filed to run for mayor against incumbent Mayor David Blanton and City Clerk Bill Wescott.

The Board of Elections met last week to announce Boseneiler’s name would not be on the ballot, because at the time he filed his petitions for office, he owed $150 in city fines. That violates state municipal code.

About 6 hours after he filed his petitions, Boseneiler paid his fines. When asked if he knew about the outstanding fines when he submitted his petitions, he said there was “vagueness on what was owed and by whom.”

Last Friday, Boseneiler filed for judicial review of the decision to remove him from the ballot. In his motion, he outlined his belief that the Board of Elections members were “biased and prejudiced.”

In asking for judicial review of the decision to dismiss his objections to Blanton and Wescott, he makes a similar argument.

Boseneiler said the three board members had “obvious undue bias which would obviously prejudice them throughout hearings.”

Alderman Glen Kuhlemier, Lee Folsom and Rock Falls resident Pamela Erby served on the committee.

Under normal circumstances, the Board of Elections would be the mayor, city clerk and the alderman who has served the greatest number of years on the council. In this situation, Blanton and Wescott had an obvious conflict of interest, so Kuhlemier and Folsom served.

The third person, Erby, was a member of the public appointed by the chief judge of the circuit court.

In Boseneiler’s objections to Blanton and Wescott’s candidacies, he asked the elections board to verify “proper filing of all documents, including signatures being registered voters in the city of Rock Falls.”

He also wanted to verify that petitions “were signed in my presence (of circulator); were signed within 90 days of filing deadline; that residences were correctly stated and that they are originals, not copies.”

The board declared it was not “an investigative body, but rather is charged with the task of hearing and adjudicating objections made to nominating papers.”

It found that Boseneiler’s objections were “not objections at all, but merely a request for the Board to perform a function which it is not legally authorized to perform,” and so dismissed them.

Boseneiler has said he is considering mounting a write-in campaign for the April 9 election.

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