New board, same result: Crystal Lake City Council candidate to stay on ballot

After two city hearings and a judge’s order, a newly appointed Crystal Lake electoral board unanimously ruled that Crystal Lake City Council member Brett Hopkins’ name can appear on the ballot.

An objection filed by Donald Kountz, also running for City Council, was overruled by the board Wednesday afternoon after it determined that writing “city council” on the petition would not lead to confusion as to whether Hopkins was running for council member or mayor.

Hopkins said he was happy with Wednesday’s decision.

“It’s been two rounds and denied both times,” Hopkins said, referencing the decision made by another electoral board last month.

Soon after the original decision, Kountz and his attorney, John Dickson, filed a challenge in court, arguing the makeup of the original electoral board was improper as City Clerk Nick Kachiroubas and Mayor Haig Haleblian had signed Hopkins’ petitions, presenting a conflict of interest.

McHenry County Judge Joel Berg sided with Kountz last week, and the new hearing took place Wednesday with City Council member Cathy Ferguson, the one remaining original member of the board, joined by Patrick Walsh and Michael McNerney.

In rejecting Kountz’s objection, the electoral board said jointly in its ruling, “(I)t is true that in the City Code the term ‘City Council’ can mean both the Mayor and City Council together. Critically, however, the term ‘City Council’ never refers to the Mayor alone.”

Attorneys John Dickson, left, and Brandy Quance, right, represent John Kountz and Brett Hopkins, respectively, during a hearing on Wednesday, Jan. 25, 2023, regarding Hopkins' candidate papers for the April election for Crystal Lake City Council. Hopkins' candidacy was deemed valid by the Crystal Lake Municipal Officers Electoral Board. (Aaron Dorman)

In addition, the board said it found “no basis for confusion as to the office sought,” adding that “it is important to reiterate here that access to a place on the ballot is a substantial right not lightly to be denied,” a point Hopkins’ attorney, Brandy Quance, had also made.

Dickson had argued that the standard was not whether voters would be confused, but strictly whether the language could refer to more than one vacancy; the mayor and three City Council positions will be on the ballot for the April 4 election.

Ferguson pushed back against Dickson’s argument, saying the “only confusion” was the “legalese” being used by Dickson.

Dickson said Hopkins “should know better” after successfully challenging the petitions of Bob Miller – who attended Wednesday’s meeting and called Haleblian and the council members involved “hypocrites” – in 2018. Hopkins argued at the time that Miller, too, had improperly specified the office sought by writing “city council.”

Bob and Dianne Miller speak briefly with Don Kountz during a hearing of the Crystal Lake Municipal Officers Electoral Board on Wednesday, Jan. 25, 2023. Kountz had challenged the candidacy of council member Brett Hopkins, who was running for re-election; the electoral board overruled Kountz's objections. (Aaron Dorman)

Hopkins said his objection to Miller always had been about Miller’s paperwork being filed late. The challenge – signed by Ferguson, Hopkins and Brady – included the objection over ambiguity, as well as arguments that the statement of economic interests had not been filed on time and an incorrect election date was included on the statement of candidacy.

Kountz also objected last month to Haleblian and City Council member Ellen Brady’s candidate paperwork. Haleblian withdrew his candidacy, acknowledging that he failed to submit a statement of candidacy, as Kountz argued in his objection.

The electoral board in December also rejected Kountz’s arguments regarding Brady’s candidacy, but Kountz did not challenge that decision in court.