The Peoria County auditor referendum suit has been tossed. Here are the next steps
PEORIA — Attorneys for the Peoria County auditor got their wish Wednesday when a judge here threw out their lawsuit against the county's election commission allowing a referendum to eliminate the office to go on last November's ballot.
No reason was given in the short, two-paragraph order by Judge Bruce Fehrenbacher. The judge did allow Jessica Thomas and Karrie Alms' attorney a chance to refile their suit, which could mean the move was due to legal strategy following an appellate court decision that backed a previous Peoria County judge's ruling.
More:Peoria County auditor wins latest round in court. Here's what's next
"These cases are a mess, and we need to start narrowing the issues and getting some resolution. We are not interested in arguing just for the sake of arguing. By voluntarily dismissing the claims, we all, including (Peoria County), are in a better position to see what the appellate court does, and be guided accordingly," said their attorney Justin Penn. "We are not interested in wasting the court’s time, our clients’ time, or the county’s money in litigating points that do not move this litigation towards its end.
"There has been enough delay here, and our voluntary dismissal will give everyone an opportunity to make decisions on how to most efficiently move the case forward in light of the rulings from the appellate court," Penn said.
The suit was filed Sept. 15 by Thomas and community activist Alms, who felt the way the ballots were prepared was not done within the rules. Their lawsuit said language for the referendum that was sent by County Clerk Rachel Parker was not what was approved by the County Board in August. As such, it was invalid. Also, they argued, Parker's attempts to fix the error meant the correct language was past the deadline.
More:The appellate court ruling from Dec. 21, 2022.
A few weeks later, a Peoria County judge disagreed, and the election went on as planned, with county voters giving their OK to eliminate the auditor's office. The 4th District Appellate Court sided with the local judge and also noted Alms and Thomas raised issues for the first time in their appellate brief, which didn't allow the judge to consider them.
More:Documents show behind-the-scenes battles over auditor's office in Peoria County
Penn said that's common in expedited cases, adding "there is usually not any discovery, and oftentimes (like here) not an evidentiary hearing. So if we pursued these claims, yes, we would add those things to the record."
A request for comment to the Peoria County State's Attorney's Office was not immediately returned.
Still pending is a suit filed in 2021 by Thomas that argued the county's efforts to defund her office, as a precursor to the voter referendum, was illegal. The request for an injunction — a legal way to stop the actions of another — was part of that suit.
There is no timetable for a new suit to be filed, Penn said, as he's waiting to see what will happen in the other case, which also has been appealed to the 4th District. Attorneys representing Peoria County have previously asked that Fehrenbacher be removed from the case. As such, it's pending now before Chief Peoria County Judge Katherine Gorman.
This article originally appeared on Journal Star: Peoria County auditor referendum lawsuit has been thrown out
