Please be aware the DeKalb Township Clerk Lynne Kunde, who is also employed in the office of DeKalb County Clerk and Recorder, has resigned as DeKalb Township Clerk in lieu of performing an act that she felt was not the right thing to do, based upon her experience and knowledge, according to her resignation letter. We commend Clerk Kunde for her courageous stance in this matter. Here are the facts as we know them.
James Luebke is running for DeKalb Township Supervisor in the April 6, 2021 election. He submitted his nomination packet as well as his Statement of Economic Interests in a timely fashion according to Illinois law. The statement of Economic Interests was submitted to the DeKalb County Clerk and Recorder, and the nomination papers were submitted to the DeKalb Township. Mr. Luebke was not notified of any objections to his Nomination Petition during the statutory Objection period, and in fact there were no objections made that he is aware of.
Mr. Luebke discovered that he had inadvertently not filed the “receipt” for the filing of the Statement of Economic Interests when he saw Ms. Kunde’s resignation letter. Mr. Luebke subsequently filed the receipt with the Township. Clerk Kunde resigned from her position rather than deny Certification of Mr. Luebke’s nomination papers. The reasoning of Ms. Kunde’s resignation is set out in her letter. It is a resignation in protest: she would rather resign than deny certification of the nomination petition of Jim Luebke due to the receipt not being filed with the Township, and that she was threatened personally that suit would be filed against her by the Barb City United Party if she did go ahead and certify Luebke’s nomination papers.
Mr. Luebke substantially complied with all requirements to get on the ballot. Samuelson v. Cook County Officers Electoral Bd., 2012 IL App (1st) 120581 (2012). Although he did not file the “receipt” of the Statement of Economic Interests during the filing period, and in fact filed thereafter, this is not an error that would affect the public’s right to know his economic interests, which was in fact on file in the DeKalb County Clerk and Recorder’s office. This document is just a receipt, and the Statement of Economic Interests was in fact filed timely in its appropriate location. In fact, the Township had actual knowledge that Mr. Luebke filed his Statement of Economic Interests at the DeKalb County Clerk and Recorder, as Ms. Kunde was employed in both the DeKalb County Clerk and Recorder’s Office and as the Township Clerk. Hence the Township knew the Statement of Economic Interests was filed timely, even though they did not have the receipt. It is correct that the receipt is to be filed within the statutory period of filing the nomination papers. However, Mr. Luebke substantially complied with all requirements to get on the ballot.
Further, there was no objection filed within the objection period. It is statutory at 10 ILCS 5/10-8 that certificates of nomination and nomination papers shall be deemed valid unless an objection is made in writing within the statutory period. No objection was made here, therefore the nomination papers should be certified.
Mr. Luebke’s nomination papers must be certified by the DeKalb Township Clerk. As Clerk Kunde implies in her resignation letter, it is the just and legal process. Please know that Mr. Luebke will file an immediate injunction and suit will be filed against the DeKalb Township and any other necessary parties if the Township Clerk does not certify Mr. Luebke’s nomination papers as is required by law.