D112 Cleared Again in Electioneering Suit

HIGHLAND PARK, IL - An appellate court last week reaffirmed a decision that North Shore School District 112 did not violate a state election law while placing the $198 million referendum question on the ballot for voters earlier this year.

Earlier this year, Highland Park resident and attorney Steven Ludington filed a complaint with the Illinois State Board of Elections alleging District 112 violated Article 9 of the Illinois Election Code in failing to create a committee and reporting receipts and expenditures, spending public funds for political purpose and caused the wording on a notice for public question to be worded in a non-neutral matter.

The accusations included a charge that the district participated in “electioneering” by spending public money to promote the referendum without registering as a political committee.

A Sangamon County court agreed with the elections board in dismissing the complaint stating that many of the allegations were related to matters outside the jurisdiction of the defendants: District 112, the board of education and Superintendent Dr. Michael Bregy.

Initially, the elections board dismissed the complaint determining it was not filed on justifiable grounds, according to the district.

The complaints within the jurisdiction “of do not meet the test of being ‘susceptible to no reasonable interpretation other than an appeal to vote for or against a proposition.’ Rather, said communications fall within the realm of providing factual information, as the Respondents are permitted to do.”

An appellate court reaffirm the decision on Dec. 7, ruling that Ludington could not prove the district spent more than $5,000 for the advocation of the passage of the referendum and therefore did not need to register as a political committee.