Illinois: Appellate Court ruling tosses out Dolton Mayor Recall and Village recall law

The Appellate Court ruling rejecting the recall of Dolton Mayor Tiffany Henyard is now out, and it seems to throw out the entire recall law as well.

The judges went beyond the earlier lower court ruling (the recall law was adopted in the same election as the recall vote took place; the lower court held that the law had to be adopted first). The court held that Illinois law "does not provide for recall of village officials...." though it does allow it for other officials. 

Henyard, who lost the June 28 recall vote, 1953-1532, opened the next meeting with the disco song "Ain't No Stopping Us Now."

In the ruling which was upheld, a Cook County Circuit Court Judge ordered the clerk to not count the vote in two recall ballot measures (one asks for a recall law -- which succeeded 1948-1506 -- the other calls for Henyard to face a recall vote immediately). 

The recall does not seem to have signatures handed in, but was rather put on the ballot by the village board. 

Henyard faced a previous recall effort when she served as trustee, leading to an appellate court decision that the board cannot remove the official by a board vote but can have a recall. 

The recall is over a slew of complaints: taking a Township Supervisor job that pays $250,000 which seen as a conflict of interest; keeping the board from meeting, paying bills and refusing to show what is being paid, as well as hiring a code enforcement officer who spent 24 years in prison for kidnapping and sexual assault.