[LPIL - Board of Directors] Update: Complaint - Cook County Established party status

[treasurer at lpillinois.org]

Sorry, this got sent to the wrong email address.  Our candidates did receive
this last night.

 

From: treasurer at lpillinois.org <treasurer at lpillinois.org> 
Sent: Wednesday, February 9, 2022 11:18 PM
To: 'Members of the Board of Directors' <bod at lpillinois.org>;
'jasonrossdecker at gmail.com' <jasonrossdecker at gmail.com>; 'Jhumay at gmail.com'
<Jhumay at gmail.com>; 'bsizelo at yahoo.com' <bsizelo at yahoo.com>
Subject: Update: Complaint - Cook County Established party status

 

I wanted to give the board of the Libertarian Party of Illinois and our
plaintiff candidates an update.  Below you'll find information from our
Attorney, Mr. Finko.  The key note here is that the Chicago Board of
Elections has already agreed to abide by the court's decision and been
dropped from our suit as a defendant.  One of the Board Commissioners stated
that they would support our claim of being an Established Party and able to
elect Ward Precinctcommitteemen in the 2023 Municipal Primary should we
receive 5% in a countywide election in 2022. It appears that the City of
Chicago is willing to concede that the Libertarian Party is established in
Cook County. Now we just need to see whatever legal web Kim Foxx can spin to
overcome our explicit rights outlined in LP Illinois v. Scholz.  (See page 2
of AM_Memo).

 

Adam, Justin and Jason,

Is there any more detail you can provide in your dealings with the Clerk's
office that have not already been given to our attorney?  It's not essential
but could help with persuasion of the judge.

Key Dates:

Feb 9 - Motion for preliminary injunction and Motion for Memoranda of Fact
(basically summary judgement affirming LP Illinois v. Scholz)

Feb 16 - Response from State's attorney as attorney for Cook County on our
motions.

Feb 18 - LP rebuttal of Cook County Response

Feb 23 - Motion decision recorded and notice to proceed.

 

From: Andrew Finko <finkolaw at fastmail.fm <mailto:finkolaw at fastmail.fm> > 
Sent: Wednesday, February 9, 2022 3:19 PM
To: Russ Clark <treasurer at lpillinois.org <mailto:treasurer at lpillinois.org> >
Subject: Re: Complaint - Cook County Established party status

 

Russ,

 

Not unusual for the Cook County State's attorney to represent various
agencies of the County.  There's a civil division at the State's Atty that
handles election related cases, and two ASAs have gotten involved.  See
attached Appearances. 

 

I also don't find it surprising that the Clerk would choose to oppose the
complaint and motion for preliminary injunction - there's the Jim Nally
factor, and the loyal Democratic Party supporter factor.  In 2014 or so,
Karen Yarbrough, as the Democratic Committeeperson of Proviso Township, was
the named objector that filed an objector's petition to remove the IL Green
Party from the ballot.  I found it unusual that Yabrough herself was the
objector, while she was in her former elected office as Recorder of Deeds.
Anyway, she's motivated and very biased. 

 

Today Judge Gettleman set a briefing schedule of 2/16 for Clerk's response,
and 2/18 for our reply in support of preliminary injunction.  Hearing on
motion for preliminary injunction will be held on 2/23 at 11:00 AM via
telephone conference. No Zoom. Phone.  The goal is to get the three
Plaintiffs directly placed upon the ballot by court order - and that would
eliminate potential objections too.  

 

I also agreed to dismiss out the Chicago Board of Election Commissioners
because the Chicago Board is not opposing the motion or complaint, and
agreed to abide by whatever orders were entered by the Court. So now there's
only one opponent. 

 

I'd also like to get some more details about the phone call(s) to Colleen
Gleason at the Clerk's office, and with Jim Nally.  The goal would be to
provide additional context via Affidavit. The affidavit(s) would be used to
support the motion for summary judgment - not essential, but could be
persuasive. 

 

FYI - Adam Lasker from the Chicago Board of Election Commissioners said
something that he didn't think through, but is still positive.  He said he
would recognize the LPI for the upcoming consolidated (municipal) election
for the purpose of electing Ward Committeepersons within Chicago, but said
only if the LPI continued to receive more than 5% of the vote at the
upcoming Nov. 2022 general election.  The inconsistency is that petitioning
will be under way in the Fall 2022, before the election, so the established
political party status should continue from the Nov. 2020 general election
as the last general election before the February 2023 election in Chicago.
I can try to work this issue in to current case, if possible and see if
Judge Gettleman would address this too, but that might take a separate court
filing, or further discussions with Adam Lasker after this case concludes.
It seems that Adam is in agreement that established party status within Cook
County also allows election of committeepersons. 

 

Let me know if you have any questions/concerns.  Thank you. 

 

Andrew Finko

- - -

Andrew Finko P.C.

166 W. Washington St.

Suite 400

Chicago, IL 60602

Ph  (773) 480-0616

Fx  (773) 453-3266

Em FinkoLaw at fastmail.FM <mailto:FinkoLaw at fastmail.FM> 

 

 

On Wed, Feb 9, 2022, at 2:46 PM, treasurer at lpillinois.org
<mailto:treasurer at lpillinois.org>  wrote:

Any update?  Sorry for pestering you but we are intrigued that the 

States Atty was put up to defend their action.

 

On 2022-02-09 11:35, Andrew Finko wrote:

> Russ

> 

> The combined motion that was filed on Friday was longer than allowed -

> totally forgot about 15 page limit for each filing.  So on Monday I

> refiled as a Motion and separately as a Memo of Law.

> 

> The case is up for status today with Judge Gettleman at 1:00 pm.

> State's Attorney will represent Clerk, and was told to oppose the

> complaint and motion for preliminary injunction.  Par for the course

> from Democratic Party loyalists.

> 

> I'll email again this afternoon with more details.

> 

> Andrew Finko

> 

> - - -

> 

> Andrew Finko P.C.

> 

> 166 W. Washington St.

> 

> Suite 400

> 

> Chicago, IL 60602

> 

> Ph  (773) 480-0616

> 

> Fx  (773) 453-3266

> 

> Em FinkoLaw at fastmail.FM <mailto:FinkoLaw at fastmail.FM> 

> 

> On Wed, Feb 9, 2022, at 11:32 AM, treasurer at lpillinois.org
<mailto:treasurer at lpillinois.org>  wrote:

> 

>> Andrew,

>> 

>> Any update on this matter?  I have a couple of candidates

>> asking

>> 

>> about it.

>> 

>> Russ Clark

>> 

 

 



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