A petition filed in circuit court contesting the outcome of the Hobart City Council 5th District race in the May primary was dismissed Thursday on a technicality.
Jim Wieser, Lake County Board of Elections attorney, said Tuesday the filing, the last in circuit court concerning the May primary, was made by William “Bob” Krebes contesting the results of the primary.
Krebes ran unsuccessfully for the Democratic Party’s nomination against incumbent Councilman John Brezik, losing by four votes, 224-220.
The matter has languished in the courts for months. After the initial filing, Krebes, who was representing himself, did not file any other motions necessary to move the case forward, Wieser said. After the first judge recused himself due to a conflict, no motion was made by Krebes to seek a new judge.
When the statutory time for a new judge was set to expire, a special judge was appointed by the courts and a hearing was set Oct. 15 where the two motions to dismiss filed by Brezik’s attorney were considered.
Krebes said his motion was dismissed on a technicality because he did not include the sworn oath his testimony was true, a required document Krebes said was overlooked.
Wieser said the court heard arguments from all parties Thursday concerning the motions to dismiss. The case was dismissed for lack of subject matter. In his petition before the circuit court contesting the election, Krebes failed to provide either the oath or affirmation required in the filing, a paperwork matter, Wieser said.
Brezik called the legal action nonsense Friday and said there was no base for the filing.
“I don’t know why the race was even contested. I am just moving forward. I’m carrying on doing things for the district like I always have,” he said.
Krebes said he filed to contest the election May 19 and now five months later when there was finally a hearing, the matter was not heard on its merits. Early voting for the November General Election has already begun and he said the case is now moot.
“I think I did as good as I could as a public citizen trying to raise awareness about things in Hobart that seem to be overlooked by our city officials,” Krebes said.
Carrie Napoleon is a freelance reporter for the Post-Tribune.
