Appellate court denies Peoria County Auditor's appeal over November referendum
An Illinois appellate court is upholding a Peoria County judge's decision not to block the auditor referendum on the November ballot.
Auditor Jessica Thomas and Karrie Alms said the referendum used loaded language, and said the final language used was improperly filed with the election commission after the statutory deadline.
Peoria County Judge James Mack twice denied the plaintiff's request for a preliminary injunction.
The 4th District Appellate Court in Springfield backed that decision in a December opinion. The judges said Alms and Thomas failed to meet the four criteria necessary to obtain a preliminary injunction, coming short of demonstrating their case had a shot of succeeding on its merits if an injunction was imposed. The judges said the plaintiffs also forfeited some points by presenting them only in a reply brief, rather than in court where the judge could weigh them.
A second lawsuit is now awaiting appeal. Mack has issued an order in that case requiring Peoria County to continue paying Thomas while that case continues.
Jessica Thomas is a member of the WCBU community advisory board.