From Taylorville To Shelbyville

A former candidate for judicial office has been charged with misconduct in a recent complaint filed by the Illinois Administrator

 Under Illinois law, the Resident Circuit Judge for a particular county and any candidate for election to that office must reside within that county. Under Illinois election law, a residence must be a permanent abode; and the elements of residency require (1) physical presence and (2) the intention to remain in that place as a permanent home.

At all times alleged in this complaint, Respondent owned a home in neighboring Christian County, Illinois, in Taylorville; Respondent had a physical presence and resided in the Taylorville home with his wife and their two young sons; Respondent received mail at the Taylorville home; and Respondent used his Taylorville home address for his personal banking, financial and tax purposes. Until at least December 6, 2017, Respondent’s Illinois driver’s license address and his Illinois voter registration address were his Taylorville home address.

At all times alleged in this complaint, Respondent’s home in Taylorville was his residence and permanent abode. Respondent intended to keep the Taylorville home as his residence and permanent abode unless and until he would win the Republican nomination for Resident Circuit Judge for Shelby County and acquire a family home in Shelby County.

Michael Locke and his wife Kristee Lee Locke (“the Lockes”) were acquaintances of Respondent. In 2017, the Lockes and their two children lived in a large one-room loft apartment which they rented at 601 S. Vine Street, Shelbyville, Illinois, in Shelby County.

On or shortly before December 6, 2017, Respondent asked the Lockes for permission to use their address in order for him to run for election to the office of Shelby County Resident Circuit Judge. Specifically, Respondent wanted the Lockes’ permission to state their address as his address on documents and for campaign purposes. The Lockes agreed. Respondent and the Lockes understood that Respondent would not move in, reside, or have a physical presence at their address.

On December 6, 2017, Respondent and Kristee Locke signed a “lease agreement” that Respondent had drafted. The agreement provided that Respondent would pay the Lockes $50 per month as rent, and that Respondent would pay $200 for four months’ rent in advance.

Also on December 6, 2017, Respondent submitted an application to the Shelby County Clerk to change his voting address to 601 S. Vine Street, Shelbyville. Respondent placed his signature on the application beneath a statement declaring that he “lived” in the election precinct for that address “at least 30 days from the date of the next election” and that the information he provided was “true to the best of my knowledge under penalty of perjury.”

Also on December 6, 2017, Respondent submitted a notice of change of address to the Illinois Secretary of State in which he gave the Lockes’ address as his new address. As a result, the Secretary of State issued a temporary driver’s license to Respondent that stated that his address was 601 S. Vine Street, Shelbyville.

At no time in 2017 and through the date of the primary election on March 20, 2018, was 601 S. Vine Street, Shelbyville, or anyplace in Shelby County, Respondent’s residence or permanent abode. At no time did Respondent reside or live at 601 S. Vine Street, Shelbyville.

Respondent’s representations in the application for change of voting address which he submitted to the Shelby County Clerk and in the notice of change of address which he submitted to the Illinois Secretary of State were false, because Respondent did not live or reside at 601 S. State Street, Shelbyville, or in the election precinct for that address.

Effingham Daily News reported that he withdrew from the race. (Mike Frisch)