Former Kane County Deputy Attorney Bill Bernard filed suit in the Sixth Judicial District Court against Jim Scarth, concerning verified petition for recount and contesting primary results and seeking a new canvass.

The petitioner (Bernard), alleges that illegal votes were received and legal votes were rejected in the election sufficient to change the result of the election; that the Kane County Board of Canvassers and Judge of Election in counting the votes and declaring the result of the election in sufficient number that a correct tally will change the result of the election; “Upon information and belief,” Bernard charges that legal votes for him were improperly rejected, that if they were properly credited, he would be the nominee of the Republican Party; he was informed that a citizen sought to view and inspect all of the unopened ballots from the election that was denied by the Kane County Clerk – his grievance/allegation was that she had been advised by the present Kane County Attorney to not do so.

Bernard’s conclusion in the allegations was that he hadn’t filed anything against Kane County other than petitions to seek a recount and new canvassing of the June 22, 2010 election results.

In a letter dated July 6 to Lieutenant Governor Greg Bell, Bernard said that since there were 10 precincts in Kane County and there were only eight votes separating himself from his opponent, he believed he was entitled to a recount as a matter of law.

Bernard and Kane County Attorney Jim Scarth had a contentious primary showdown. The election tally on primary night was that Attorney Jim Scarth had won by 17 votes, 694-677. After counting provisional ballots (ones that require residential verification) the following Tuesday, the result was that Scarth had won by eight votes, 709-701.

Scarth was frustrated over the allegations in the recount petition, because he felt the majority were against the clerk’s office and election crew, of which he praised highly for their professionalism in the tough race. “He brought charges that were unfounded,” said Scarth, “besmirching the staff’s integrity, who were just trying to do their duty to the best of their abilities.”

The recount and audit to ratify the vote count was held on Tuesday, July 13, at the Kane County Commission Chambers, after our newspaper deadline.