Frank Lesko has two jobs, for now

Volunteers investigating one of the closest elections in area history have chronicled ballot irregularities to try to convince a judge that every vote cast in the Sangamon County recorder’s race should be recounted.

With more than 100,000 votes cast, Republican challenger Frank Lesko edged out Democratic incumbent Josh Langfelder by a mere 31 votes.

“What’s amazing is what you see on ballots,” Langfelder said. “You have coffee stains all over ballots. Or you have people who’ve colored in various colors on the ballot. Or you might have people who, instead of filling in the oval, they just kind of did a dash on the ballot or (put) a checkmark or an X.”

Such anomalies could interfere with the machines that count the ballots. And just a few ballots not being counted properly could make the difference in such a close race.

“I can tell you I have great confidence in the accuracy of our tabulation equipment. It’s brand- new, modernized and state-of-the-art equipment,” said Republican County Clerk Don Gray, whose office is responsible for administering elections.

But Langfelder was less sanguine. “This has really opened my eyes on the election process and the behind the scenes on the processing of the ballots,” Langfelder said. “It has been a tedious process,” he said.

State law is clear as to what needs to be done if a losing candidate wants to have a recount.

“Statute allows the losing candidates to review 25% of the jurisdictions. So, for Sangamon County, with 166 precincts, that’s 41 precincts (Langfelder) was able to select,” Gray said. “In his petition, he selected the 41 precincts. We’ve pulled together the materials related to that, and it was basically everything and the kitchen sink in terms of review and what we do in election administration.”

Once the initial review of the ballots cast in those 41 precincts is completed, Langfelder may choose to present the evidence to a circuit judge and request that every ballot cast in Sangamon County be recounted, Gray said.

Langfelder said he has until Dec. 26 to make such a request in court.

In the meantime, Lesko appears to be hedging his bets by assuming the position of county recorder as of Dec. 2 but not vacating his Springfield city clerk post, which he held when he ran for the new office.

At a Dec. 3 Springfield City Council meeting, Lesko said that he has held off on resigning from the clerk’s spot because he is concerned a recount might go against him and he would become unemployed.

“Let the process get to its completion. At that point, I will resign the seat, as I have intended from the very beginning,” he said in response to questions from several council members who asked why he was not stepping down.

Ward 4 Ald. Rockford said, “I don’t understand how this works… You take an oath as a city official to fulfill your obligation, then you go over to the county and take another oath.”

Rockford said he had met with corporation counsel Greg Moredock, who also addressed the council, explaining that there was nothing that would legally prohibit Lesko from holding both positions.

“Our city code and our consent decree do not define what creates a vacancy for the seat of an elected official,” Moredock said. “I do not believe that the election was a disqualifying event for the office of city clerk… there’s been no determination that the offices are incompatible.”

The discussion became contentious at times, with Ward 2 Ald. Shawn Gregory addressing Lesko directly with his concerns.

“For the people – county and city – they need 100%… not 50% here and 50% on the county side,” Gregory said. He noted the city was preparing for budget season and that he wanted the clerk position filled as quickly as possible. “You hindering us, bro.”

In response, Lesko told the council, “I challenge anybody to qualify anything that hasn’t been done in the city clerk’s office. That office has been covered.”

Lesko did not immediately respond to a request for comment from Illinois Times.

Although Lesko has not quit the city clerk job, there are already people posturing to be appointed to the post, which pays $89,685 annually. One of them is Ward 1 Ald. Chuck Redpath, who told IT that he has informed Mayor Misty Buscher that he is interested in the job.

Redpath was one of the 10 original city council members when Springfield converted to an aldermanic form of government in 1987. He represented Ward 4 for 20 years before the creation of term limits kept him from running for reelection in 2007. However, the term limit ordinance only prohibits serving more than three consecutive terms, so he was able to rejoin the City Council in 2015. Redpath’s third term representing Ward 1 would conclude in 2027.

Redpath said if the position does become vacant, the City Council would make the decision on who would fill the post. Nominations would come from aldermen and the council, along with the mayor, would vote on the replacement, he said.

Langfelder has filed a complaint, which is pending, with the Illinois State Board of Elections against both Lesko and the Sangamon County Evening Republican Club. A preliminary hearing was held Dec. 10, but Langfelder said he was told a decision could not be issued until January to give the group time to file the required disclosures. Langfelder said he has been offered the opportunity to come back on Jan. 22 to present his case.

During the final weeks of the election, television ads attacking Langfelder ran and they were labeled as being paid for by the Sangamon County Evening Republican Club. But Langfelder told IT that doesn’t reveal what people were funneling their money into the club to pay for the advertisements.

Langfelder said records on file at the State Board of Elections showed the Evening Republican Club had a little more than $900 in the bank. He contends the club did not comply with the law in disclosing its donors who indirectly paid for the ads, which cost much more than that.

Local businessman Frank Valla told IT he donated $40,000 toward defeating Langfelder. But that donation did not appear on the Evening Republican Club campaign donation disclosure form. Claudio Pecori, president of club, has said he was unaware that his organization did not file the necessary financial notifications but added the club’s treasurer position has been in a state of transition.

“I’m just saying these people need to comply with the law,” Langfelder said.