Steve Balich’s position as a Homer Township Republican precinct committeeperson could come down to a coin flip depending on the ruling of Will County Judge John Anderson.
At issue is one ballot that was not initialed by an election judge during the March 19 primary election.
The Will County clerk’s office certified results of the election earlier this month with Homer Glen resident Tami O’Brien beating Homer Township Supervisor Steve Balich 115 votes to 114.
Balich, who is also the Republican Leader on the Will County Board, challenged those election results.
Balich’s attorney, Burt Odelson, said told Anderson Monday the law is clear that ballots without initials need to be thrown out.
“It’s really as simple as that,” Odelson said.
If the disputed ballot, which was marked for O’Brien, is thrown out, that would lead to a tie vote and could be sent back to the clerk’s office to settle via a coin flip, drawing names from a hat or another random event in which each side has an equal chance to be picked. Some ballots that are not being disputed had initials in the wrong location.
O’Brien’s attorney, Pericles Abbasi, said there was no possibility of ballot stuffing at this precinct and that if Anderson sends it to the clerk for a random draw, then it disenfranchises that one voter.
“The right to vote includes the right to have ballots counted,” Abbasi said.
Abbasi said that O’Brien has already taken an oath of office and participated in local Republican activities as part of her duties as precinct committeeperson.
O’Brien said after the hearing that if the decision comes down to a coin flip, “one person does not get their vote heard.”
She said she has had to take time off work to defend the election results to be precinct committeeperson, a volunteer elected position which is responsible for voter education and encourage voter turnout.
“I’m just trying to do right by my precinct,” O’Brien said.
Balich, who was the leader of the Homer Township Republican Organization, said he likes the work as a precinct committeeperson and says he’s the best candidate for the job because of his knowledge getting the vote out and organizing. He said the upcoming presidential election is “the most important election in our lifetime.”
“I know what I’m doing,” Balich said. “This is the most important time in history.”
Odelson said a coin flip is part of the legal procedure if there happens to be a tie among candidates. He previously argued a 1990 case for state representative between Penny Pullen and Rosemary Mulligan that came down to a coin flip and was ultimately cited in the Bush v. Gore 2000 presidential dispute.
In recent years, a coin flip helped decide positions for Sauk Village trustee and Valley View School District 365U School Board member.
Anderson said he wants to review case law before making a decision, which could come by the end of the day Tuesday.
Michelle Mullins is a freelance reporter.
