Wednesday hearing set for disputed Rock Island mayor's race - Quad Cities Online

Wednesday hearing set for disputed Rock Island mayor's race

Originally Posted Online: June 29, 2009, 10:23 am
Last Updated: June 29, 2009, 9:22 pm  
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By Bill Mayeroff, bmayeroff@qconline.com
ROCK ISLAND -- Rock Island County Clerk Dick Leibovitz will testify about how votes in the disputed Rock Island mayoral election were counted, a judge ruled Monday.

At a case management conference Monday morning, Judge Mark VandeWiele said Mr. Leibovitz's testimony could be relevant to his decision regarding some questionable ballots cast in the April 7 election.

The next hearing is at 2 p.m. Wednesday.

Mayor Dennis Pauley took office May 4 after the official canvass showed he won by 13 votes -- 3,066-3,053 -- over David Levin, who later won a court ruling for a recount.

According to a recount report by Mr. Leibovitz given to Judge VandeWiele last week, 27 votes are in line to be deleted from the election results because they were not initialed by election judges as required by law. In total, according to the report, 19 of the deleted votes were for Mayor Pauley, seven for Mr. Levin and one was for David Kimbell, who withdrew from the race prior to Election Day, but remained on the ballot.

Even with the deleted votes, Mayor Pauley would still come out ahead by one vote, not considering two ballots on which both candidates' names were marked. In both instances, an X was drawn through Mr. Pauley's oval. Mr. Levin contends those votes should count in his favor. The outcome of the mayoral race will hinge on Judge VandeWiele's ruling about those two votes.

Mr. Leibovitz showed up in court Monday with a new legal team. Rock Island County State's Attorney Jeff Terronez told Judge VandeWeile that he and Assistant State's Attorney Michael Miller, chief of the civil division, will be representing Mr. Leibovitz.

Mr. Terronez didn't represent Mr. Leibovitz during the recount because he had endorsed Mr. Levin prior to the election. Mr. Terronez told the judge Monday that with the recount over, he believed there was no longer any appearance of a conflict of interest.