WREX.com – Rockford’s News LeaderCounty Clerk Won't Appeal Biondo Ballot Ruling

County Clerk Won't Appeal Biondo Ballot Ruling

By Bob Schaper

ROCKFORD - Winnebago County Clerk Margie Mullins won't appeal a court decision involving a county board member.

Republican Ted Biondo was appointed to fill the seat of Mary Ann Aiello, who died in June. But Judge Ron Pirrello said the remaining term was too long for an appointee, so he ordered Aiello's term to be filled by election.

By then the deadline for candidate's filing had passed, leaving Biondo off the ballot. Biondo asked to be added late, but a judge ruled against his request. That means democrat Carolyn Gardner is the only candidate running.

Mullins says she's satisfied with the order and thinks if anyone should appeal it should be Biondo. "If Mr. Biondo, I feel, has been the one who's been affected or hurt the most through all of this and that's why I decided it should be him if he chooses to have an appeal. I don't think it's up to my office to have an appeal," said Mullins. "I'm sorry for Ted, in many ways, that this has happened. And, again, me being a democrat and he being a republican has nothing to do with it at all."

Biondo could hire a private attorney to appeal the case by himself. He says he hasn't decided if he'll do that or not especially because he would have to spend his own money. "I'm just hoping I get an in-kind contribution from some attorneys that feel that the law is the opposite way that Judge Pirrello ruled," said Biondo.

All of this will have a large impact on which party controls the county board. There are now 16 republicans and 12 democrats. If Biondo's seat changes hands, the democrats will be one seat away from making the board an even split.