Oswego Twp. Highway Supervisor May Have Knowingly Given False Information

Photos: Grosskopf’s absentee ballot and voter registration form.

Gary Grosskopf, the Oswego Township Highway Supervisor who has been spending majority of his time in Florida, may be in more legal trouble after documents emerged that allege Grosskopf knowingly lied about his residency on an absentee ballot application.

According to Grosskopf’s Oct. 17, 2014 absentee ballot application, he certified that he resided at 405 Carriage Ct. for at least 30 days prior to the Nov. 4, 2014 election. However, phone records for Grosskopf show he spent less than 30 days in Oswego between June 11, 2014 and Nov. 4, 2014. The records show he spent 25 days in Oswego.

On June 11, 2014, Grosskopf changed his address on a voter registration form, according to the document. The form states that Grosskopf’s new address will be 405 Carriage Ct. in Oswego, making him a resident of voter precinct No. 21. Grosskopf’s previous address was 410 Orchard Ave. in Oswego in voter precinct No. 10. On the form, Grosskopf affirmed that by the next election date, Nov. 4, 2014, he will have resided in the state of Illinois and his election precinct for 30 days and that the location would be his permanent address.

Grosskopf declined to comment for this article.

If Grosskopf did knowingly provide false information, he could be charged and convicted of perjury, a class 3 felony. According to Illinois statute, any person found guilty of perjury shall be ineligible for public employment for a period of five years following the completion of his sentence.

Kendall County Sheriff Dwight Baird did not immediately a return a phone call seeking comment on the allegations. The sheriff’s office is currently investigated Grosskopf regarding his residency.

Political activist Todd Milliron uncovered the information through a series of Freedom of Information Act requests and has asked the Kendall County Clerk’s Office to investigate the matter.

“Based on an analysis of phone records, it appears that Mr. Grosskopf did not satisfy his new 30 day residency requirement in his new precinct of Oswego 21,” Milliron said. “There should be consequences for knowingly not doing so.”

Legal Counsel to the State Board of Elections Heather Kimmons said that residency is established by having a physical presence, however briefly, at a location and with the intent that it be one’s residence.

“Illinois courts look at a number of factors when considering questions of residency, and it is the totality of circumstances which courts weigh in determining residency. There is no one definitive factor, but each relevant factor may be considered as outward indicia of residence,” Kimmons said in an email. “It is not within the purview of the State Board of Elections to opine on such matters (nor could we or anyone else do so without a thorough consideration of all of a particular person’s circumstances). I would note that a person is not required to spend any set period of time at a location in order to establish residency, but that the establishment of residency must occur at least 30 days prior to an election in order to make a person eligible to vote from a particular residence.”

Kimmons added that the position she serves is legal counsel to the SBE and cannot and does not provide legal advice to any person or entity other than the Board as a whole.

Kendall County Clerk Debbie Gillette said they will look into the allegations, but has not yet spoken to Sheriff Baird about it and doesn’t know how long the investigation process could take.