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Statehouse Playhouse: Weller v. Christensen

CHARACTERS: State Rep. Jerry Weller (R-85, Morris), 29, hog farmer and former aide to Illinois and U.S. Agriculture Secretary John Block; Ray Christensen, 65, former (an perhaps future) state representative (D-85, also Morris) and the House Elections Committee.

SETTING: The Illinois House of Representatives and Statehouse Meeting Room 114.

SCENARlO: Who actually won the 85th District's seat last fall? Based on official result, Weller won by a mere four votes, 14,217 to 14,213. But in December an unofficial partial recount, covering 25 percent of District 85's precincts, shrank Weller's lead to one vote.

ACT I:

Scene 1: On December 23 Christensen files a petition to contest the election, claiming that, based on a mathematical projection from the partial recount, he actually won by 34.6626 votes. He calls for an official recount in the precincts covered in the earlier recount, alleging that election judges permitted damaged ballots and other irregularities.

Scene 2: Weller counters on January 2 by filing a petition for a full recount, charging that Christensen's petition "requested a partial recount in those precincts which he feels will be favorable to him."

ACT II: The drama then moves to the House of Representatives on January 14 — inauguration day for the state legislature and the first day in office for Weller. The opening of the new session proceeds with ceremonial decorum until Minority Leader Lee Daniels (R-46, Elmhurt) launches a heated condemnation of the House Democrats for proposing a change in the regular House rules. Other Republicans follow up with more angry invective.

The object of their fury: the insertion of a single word, "Select," in place of "House," before the phrase "Committee on Election Contests.'' The Republicans object to the change because "it was not agreed to by the respective [House] chiefs of staff" of the two parties, according to Rep. Myron Olson (R-70, Dixon).

Madigan at first defends the select committee as a quick way to resolve the Weller-Christensen controversy, but eventually he backs down. The House adopts rules identical to those of the previous General Assembly.

ACT III:

Scene 1: Madigan and Daniels choose the members of the regular House Committee on Election Contests and assign to it the Weller-Christensen controversy. The members include Monroe Flinn (D-114. Granite City), the chairman; John Cullerton (D-7, Chicago); Jim McPike (D-112, Alton); Bruce Richmond (D-l 16. Murphysboro); Donald Saltsman (D-92, Peoria): Sam Wolf (D-111, Granite City); Olson, the minority spokesman; John Countryman (R-76, DeKalb); Mary Lou Cowlishaw (R-41, Naperville); and Timothy Johnson (R-104, Urbana).

Scene 2: The committee meets for the first time on January 21. It adopts the regular House rules forjudging contested elections (part of the rules adopted by the full House the previous week) and sets up a schedule for Weller and Christensen and their attorneys to submit legal motions involving a possible recount.

Scene 3: The committee meets on February 4 to consider Weller's motion to strike and dismiss Christensen's petition. In the motion, Weller's attorneys, Sheldon Gardner and George Pontikes, question each of Christensen's allegations of irregularities on vote counting and registration. Christensen's attorney, Andrew Raucci, files an answer. If the committee adopts Weller's motion, it would deny Christensen a recount and allow Weller to hold his seat.

The committee eventually rejects Weller's motion, preserving the possibility of some kind of recount. But after the hearing. Gardner says, "We knew ahead of time we weren't going to win our motion." He and Weller actually want to "get the committee to say what their standards are" to ensure a fair recount. The committee schedules its next hearing for February 25.

ACT IV: Denouement. Unwritten.

Nobody knows how many more hearings will take place, or if and when the recount will be held. The full House will act on the committee's recommendations, and its numbers — 67 Democrats to 51 Republicans — could mean tragedy for Weller.

The drama continues.          Chris Gaudet

40/March 1987/Ilinois Issues


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