A judge in Rockford has heard arguments on both sides of a federal lawsuit filed against McHenry Township officials that aims to derail a binding referendum that would give voters the power to abolish the road district in the November election.
The plaintiffs in the case – listed as McHenry Township residents Robert Beltran and Judith Gottlieb and Supervisor Craig Adams – allege that the referendum is unconstitutional and argue that a cost study should be required to show the financial outcome before voters can choose.
The defendants – McHenry Township trustees, McHenry County Clerk Mary McClellan and the Illinois State Board of Elections – argue that electors do not have the power to direct the township board to do anything.
A separate request for a temporary restraining order asked the U.S. District Court for the Northern District of Illinois to bar McClellan from printing ballots including the referendum.
But the clerk’s office already has printed more than 200,000 ballots and mailed thousands of them to coincide with early voting.