Republican Schererville Town Council candidate Dan Elzinga’s name will remain on the ballot in the Lake County Election primary in May.
The Lake County Board of Elections voted 3-2 on Tuesday to not remove Elzinga’s name following a challenge by long-time Schererville Town Councilman Tom Schmitt, D-4th.
Ezinga and Michael Nicolaou will face off in the Republican primary for the chance to challenge incumbent Schmitt.
Schmitt and his attorney John Cantrell both voiced disappointment following the board’s decision and said they may consider a second challenge.
Board chairman Kevin Smith, at the beginning of the meeting, said the challenges presented represented just the start of the process.
Those wanting to challenge the board’s decision have the opportunity to go before the Lake Superior Court next after hiring their own legal counsel.
Schmitt said the important thing for him in his challenge is that Ezinga had only lived in Schererville for some 28 days and yet expects to run for council.
“It’s not a very good representation for Schererville,” Schmitt said.
Schmitt, who has served the town of Schererville for 20 years, told the board that Elzinga also has no record of voting in any primary elections, so it’s difficult to prove whether he is a Republican or Democrat.
“Really? Not one primary vote to prove it,” Schmitt asked.
Board member Michael Mellon pointed out that Elzinga had presented a certification of good standing from Lake County Republican Party Chairman Randy Niemeyer.
Elzinga also does not, according to state statutes for town council candidates, have to reside in a town for a certain number of days prior to running for office.
This was confirmed by board staff members.
“He (Elzinga) still owns a house in Highland. Is there proof he lives in Schererville and not in Highland?” Schmitt asked.
Elzinga told the board he has lived in Schererville with his wife and children since sometime in December.
He said both he and his wife work and his children attend school during the day.
“I sleep there everyday,” Elzinga said.
In other business, the board agreed to remove the name of Samuel R. Smith Jr. as a Democratic candidate for the position of North Township Trustee.
In the Democratic primary, North Township Trustee Adrian Santos is set to face Jesus Luis Ortiz III, Lisa Salinas Skiba and Smith.
Smith was represented in his challenge by attorney James Dillon, who said that any further challenges would be up to his client.
The challenge against Smith was led by attorney Alfredo Estrada who said Smith, a former state senator, had checked ‘no’ on his candidate form when asked if he had run for office previously.
Estrada said he believes Smith was trying to hide information tied to his previous position as a state senator, a position in which he pled guilty in 2004 with a tax violation.
Smith, when asked by Dillon about why he had answered no to two questions on the candidates’ form, said he ran through it too fast.
“I’m not hiding anything. I’m not ashamed of anything I’ve done in my life,” Smith said.
Estrada said it wasn’t a “simple mistake.”
“He’s caught now and wants to change his testimony,” Estrada said.
Dillon argued that what Smith did was a scrivener’s error and doesn’t rise to the level of fraud.
The board also agreed to remove several names from the ballot including the following: Matt Jones, Cedar Lake Town Council, Ward 1; Mark Wolgemuth, West Creek Township Board; Chris Corcoran, Winfield Township Board; Gabe Swift, Republican convention delegate, district 12; Kevin McGill, Republican convention delegate district 12; Darlene Sund, Hanover Township Board; Vanessa Jawdat, Lake County Council, district 4; and Allen Price, Hobart Township Assessor.
Deborah Laverty is a freelance reporter for the Post-Tribune.
