State Board of Elections rules to place Wilhour's name on ballot, but not Niemerg's

Jan. 11—Blaine Wilhour's name will be placed on the March 19 primary ballot, but Adam Niemerg's won't following rulings from the Illinois State Board of Elections Thursday.

Objections were filed against the two state representative candidates for not meeting all the requirements of the Election Code in their nominating petitions.

The State Board of Elections overruled the objection to Wilhour's nominating petition for not containing a sworn statement that he filed a Statement of Economic Interests.

The rulings follow the recommendations of Hearing Officer David Herman and the board's general counsel.

Herman concluded that Wilhour complied with Section 8-8 of the Election Code requirements because he included with his nomination papers the receipt from the Secretary of State showing proof he filed the Statement of Economic Interests.

Wilhour, a Republican from Beecher City, is being challenged for his seat in the 110th District by newcomer Matthew Hall of Vandalia, who is a 27-year veteran of the Illinois Department of Corrections and Fayette County Republican Chairman.

Niemerg, a Republican incumbent from Dieterich, also failed to include a sworn statement that he filed a Statement of Economic interests. But like Wilhour, he did include a receipt from the Secretary of State showing he filed it, which Herman, too, found essentially meets the requirement.

An objection was also filed against Niemerg for failing to have his Statement of Candidacy notarized.

Niemerg testified during a hearing before the Illinois State Board of Elections last week that he signed the Statement of Candidacy at his home in front of Collin Moseley, who Niemerg noted in motion documents is an Illinois Notary Public. However, he admitted Moseley never administered an oath or had him sworn. Rather, Niemerg merely signed the statement of candidacy and loyalty oath in the presence of Moseley.

According to hearing documents, Niemerg believed that signing in Moseley's presence was all he needed to be sworn, even though Moseley administered no oath nor signed the statement of candidacy or placed his notary seal on it as required.

The hearing officer concluded that because the document was not signed and stamped and because Moseley did not administer an oath, Niemerg was not sworn when he executed his Statement of Candidacy. Therefore, it does not comply with Section 8-8.

On Monday, Niemerg filed an exception, disagreeing with the hearing officer's finding that his unnotarized Statement of Candidacy was not sworn. He argued he acted under the belief that he was complying with the "sworn" requirement of Section 8-8 and cited Shipley v. Stephenson County Electoral Board, which states a notary public's technical noncompliance with the Illinois Notary Public Act does not invalidate nomination papers if the candidate believes themself to be sworn.

The board voted to sustain the objection, not certifying Niemerg to the ballot.

Niemerg has five business days to appeal the decision either in Sangamon County or Cook County Circuit Court.

Niemerg does have the option to be a write-in candidate. To do that, he would need to file declarations of intent with all the county clerks in the 102nd District, according to Matt Dietrich, public information officer for the Illinois State Board of Elections. Dietrich said Niemerg would also need 500 write-in votes to win the nomination — the same as the number of signatures required to get on the primary ballot.

With no other Republican candidate seeking nomination for Niemerg's seat in the primary, Dietrich said the Republican county board chairs of the counties in the district could fill the vacancy in nomination within 75 days after the primary election.

"That's assuming no other write-in candidate wins the GOP nomination," he said.

Niemerg has not responded to emails to his campaign address seeking comment. Emails seeking comment from his attorney also were not answered.

Cathy Griffith can be reached at cathy.griffith@effinghamdailynews.com or 618-510-9180.