Chambana Sun

Danville resident Sherry Wilcox is slamming the Illinois State Board of Elections after one of its attorneys directed a mayoral candidate to seek assistance from another state after allegedly being improperly removed from the ballot. 

"When I was given a copy of the letter, I couldn't believe my eyes," Wilcox told Chambana Sun. "Here you've got a young kid running for office for the first time and trying to make a difference in his community, seeking assistance from a state agency tasked with running elections and what does he get? A blow-off letter, except in this case, the state official who signed the letter couldn't take a few minutes to double-check her work to make sure she was giving him the correct information. I realize geography isn't everyone's strength, but shouldn't someone with a law degree realize that a city attorney in Danville, Virginia, isn't going to do much to help Mr. Lane?"

Wilcox pointed out that what Malowitz did was "just plain embarrassing." 

"The ISBE is supposed to work on behalf of taxpayers to ensure the smooth running of fair elections," she said. "It doesn't inspire confidence with the state's voters when an official for an organization located in Illinois can't differentiate between a city in Virginia and one in Illinois. It would have been better to just ignore Mr. Lane altogether. But if you're going to attempt to act like you care, be sure to check your work to make it look like you do."

The ISBE letter was addressed to Jacob Lane of Danville from Marni M. Malowitz, General Counsel for the Illinois State Board of Elections. In it, Malowitz suggests Lane contact the City Attorney for Danville, Virginia, rather than Danville, Illinois.

"I am in receipt of your letter dated January 30, 2023, regarding your experience as a mayoral candidate in Danville," Malowitz's letter reads. "The Illinois State Board of Elections ("SBE") has limited statutory powers, which are delineated in Section 1A-8 of the Election Code. 10 ILCS 5/1A-8. SBE does not have jurisdiction to take action against a local electoral board with regard to the conduct of their electoral board process. You may consider directing our concerns about possible civil non-compliance with the Election Code by your local electoral board to Danville City Attorney W. Clarke Whitfield, Jr. https://www.danville-va.gov/490/City-Attorney." 

Lane's name was struck from the April 4 ballot for allegedly not having enough valid signatures. According to Vermillion County First, Lane was voted off the 2023 Consolidated Election ballot based on objections from Mayor Rickey Williams, Jr. The commission determined that Lane did not have enough valid signatures on his filing petition, as some signers were not registered to vote or were from outside the Danville City Limits. Lane expressed dissatisfaction with the commission's handling of the matter and stated his intention to file a lawsuit against them in Vermilion County Circuit Court. Lane vowed to sue then and was being represented by Matthew Custardo of Custardo Law of Naperville.

"When I was first challenged by Mr. Williams, I had to hear about it through the media," Lane said in a press release, Commerical-News reported. "When I was removed from the ballot by the election commission last week, I heard about it again from the media. Do the phones work down there?" 

Lane said he was not surprised his name was removed from the ballot. 

"They haven't been following election law statute to date, so I wasn't surprised in the slightest. It seems as if they operate on a 'fly by the seat of your pants' kind of style," Lane said. "Why did I even bother pleading my case in front of the election commission to remain on the ballot when they have already decided to remove me? Shouldn't I have been afforded the opportunity to do that before the fact? It's like finding someone guilty, but then allowing them to make their case after judgment has been passed."

He called the incident "Chicago-style politics at its finest, and the citizens of Danville are quite frankly sick of it."