In an open meeting Tuesday, the Effingham County Electoral Board denied Michael Depoister from running as an independent in November’s County Board Election for District E. The Board is comprised of Effingham County Clerk Kerry Hirtzel, Effigham County Circuit Clerk John Niemerg, and the Effingham County State’s Attorney Bryan Kibler. All three members voted to deny Depoister’s motion to dismiss a complaint filed by Steven R. Donaldson, of Beecher City, that claimed that because Depoister voted as a Republican in March’s Primary elections he is ineligible to run as an Independent in this November’s General Election, as per a state law (10 ILCS 5/10-8). Depoister’s motion to dismiss the objection stated that Donaldson failed to “state the interest of the objector.” Further Depoister, with advise from Attorney Chris Koester, claimed that the Illinois State Law cited by Donaldson was unconstitutional in this case.
During the proceeding, Effingham County State’s Attorney Bryan Kibler stated that while he disagreed with the law in question, it was clear in preventing Depoister from running as an Independent due to him voting as a Republican in the Primary. Kibler also suggested that Donaldson’s letter did state his interest. The Board did not investigate Koester’s claim that the Illinois Law in question was unconstitutional.
After, Koester said that Depositer would likely appeal the decision to the Effingham County Circuit Court as the Electoral Board was unable to address the issue of the law’s constitutionality.