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Bloomington 5th Ward opponents file arguments in petition challenge case

Wed, 02 Jan 2013 14:47:35 CST
By: Charlie Schlenker

Attorneys for Bloomington Alderman Jennifer McDade are alleging open meetings act violations by the Bloomington Election Commission Board as part of her argument that she should be restored to the April municipal election ballot. WGLT's Charlie Schlenker reports.

McDade is trying to regain a spot on the ballot after her opponent Mathew Koetters (kehtters) convinced the board that the wrong date of the election and a lack of the ward number were substantial errors on McDade's election petitions. In court papers McDade's lawyers contest that conclusion and also argue the board deliberations should have happened in public. They claim another procedural irregularity happened when board member Esaw Peterson came late to the hearing and then attended the closed door deliberations even though Peterson claims he did not participate in the discussion. Mathew Koetters' filing saying McDade did not raise the procedural issues during the hearing and so should not be allowed to argue them now. Koetters says if Judge Paul Lawrence does consider the Open Meetings Act portion of the case, other courts have found that the error was not enough to invalidate the board decision. The hearing is set for Monday afternoon.

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