People v. McCulloch

936 N.E.2d 743, 404 Ill. App. 3d 125, 344 Ill. Dec. 214, 2010 Ill. App. LEXIS 1007
CourtAppellate Court of Illinois
DecidedSeptember 21, 2010
Docket2-08-0608
StatusPublished

This text of 936 N.E.2d 743 (People v. McCulloch) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. McCulloch, 936 N.E.2d 743, 404 Ill. App. 3d 125, 344 Ill. Dec. 214, 2010 Ill. App. LEXIS 1007 (Ill. Ct. App. 2010).

Opinion

JUSTICE HUDSON

delivered the opinion of the court:

Rodney L. McCulloch appeals convictions of three counts of perjury (10 ILCS 5/29 — 10(a) (West 2004)) and one count of disregarding the Election Code (10 ILCS 5/29 — 12 (West 2004)). He contends that the evidence was insufficient to show that he signed election petitions knowing that his statements in the petitions were untrue. We affirm.

I. BACKGROUND

McCulloch was charged with three counts of perjury, one count of disregarding the Election Code, and three counts of forgery (720 ILCS 5/17 — 3(a)(2) (West 2004)) in connection with signatures he obtained in order to place James H. Gumm on the ballot for Milton Township assessor. A bench trial was held.

Gumm testified that, in January 2005, he was the Milton Township assessor and he decided to run for reelection. He hired McCulloch to assist in obtaining the required number of signatures in order to be placed on the ballot. The petition sheets with those signatures were due on January 25, 2005. The sheets included a certification section under which the person submitting the petitions swore that the signatures on them were signed in his or her presence and were genuine. See 10 ILCS 5/10 — 4 (West 2004) (requiring this attestation).

Gumm testified that, on January 25, 2005, several people arranged to meet at an attorney’s office to collect petitions. McCulloch dropped off his petition sheets, including sheet numbers 1, 4, and 5. Gumm testified that McCulloch arrived in a hurry and immediately asked to be paid, but was advised that he would have to wait until the petition sheets were notarized. Gumm stated that, after McCulloch left, he noticed that the addresses on sheets 1, 4, and 5 were not sequential, which he thought was odd. He also noted that the sheets did not appear to have water marks or signs of outdoor wear, even though they would have been used during a “tremendous snowstorm.”

Melissa Piwowar, a notary and paralegal, testified that she was responsible for notarizing the petition sheets. She stated that, when McCulloch gave her his petitions, she complimented his ability to obtain so many signatures during inclement weather. McCulloch told her that he recruited a team of people to collect signatures and that he would park at the end of a street while they walked up and down it. Piwowar then immediately expressed concern about notarizing the petitions if McCulloch had not personally collected the signatures. Piwowar said that McCulloch then told her that he was standing next to the crew members collecting the signatures and that, although a person on his team might have been holding the clipboard, he was there. Piwowar then notarized the petitions.

Piwowar testified that, after several more people dropped off petitions, it turned out that there were more than were needed and there was a discussion about which ones to use. Piwowar stated that some could not be notarized because the individuals who collected the signatures were not there to sign the petitions. She testified that McCulloch then said that she “didn’t understand the shortcuts or the way these things worked.” Fourteen people testified that their signatures that appeared on petition sheets 1, 4, and 5 were not actually their signatures.

McCulloch testified that he had worked as a political consultant for over 20 years. He said that he collected signatures using a “walk sheet,” which is a list of registered voters in the jurisdiction, organized either by street address or alphabetically. He stated that petitions are often challenged, even if frivolously, and that one way to prevent that is to stagger the signatures on the petition instead of taking them in order. Then, it would be more work for a person mounting a challenge to check the signatures within the time frame available for doing so. He testified that standard practice is to obtain twice the minimum number of signatures in order to be sure that there are enough legitimate signatures. Registered voters must sign the petition, but anyone can fill in their addresses.

McCulloch testified that he became involved with Gumm’s campaign about a week before the filing deadline. A friend contacted him about helping with the campaign and informed him that they needed about 500 signatures. McCulloch believed that he could obtain those within a week. McCulloch assembled a crew consisting of an acquaintance, a friend of that acquaintance, a homeless man whom McCulloch had met earlier, and a friend of the homeless man. McCulloch stated that he charged the campaign $1.50 per signature and that the fee was passed on to the crew. He did not expect to profit from that particular campaign.

McCulloch stated that, on the Saturday before the deadline, he gave the group instructions, walk sheets, and petitions. He told them that they must first ascertain whether a person was a registered voter and that they could not put anything in the signature space, but could fill in the address section. He also instructed them on how to stagger the signatures, by either using nonsequential Unes on the same page, mixing up the pages, or randomly filling in pages. McCulloch testified that the group collected signatures at the Wheaton post office and that he positioned himself where he could see each signature. McCulloch said that, in residential areas, two people went down one side of the street and two people went down the other side. He said that he sat in a van, saw the crew knock on doors, saw them pass clipboards, and saw people sign. Sometimes no one came to the door and sometimes people came but did not sign.

McCulloch testified that, in one neighborhood, the driveways were long, the process took too much time, and McCulloch had problems seeing properly. Because of that, he then chose a more densely populated area with short walkways. During the Saturday collection, it began to snow, and McCulloch told the group to put their walk sheets on top of the petitions to keep them dry. He disputed testimony from others who said that the snow was heavy. At the end of the day, McCulloch allowed the crew to keep the petitions. He said that he did not review them at that time and did not pay the crew at that time.

The next day, the group met again and followed a similar process. That evening, McCulloch received a request for more signatures. He allowed the crew to again keep the petitions and he did not look at them. The crew met again on Monday and followed the same process of collecting signatures, and McCulloch collected the petitions at the end of the day. McCulloch stated that he collected more signatures at a train station on Tuesday and then delivered the petitions.

According to McCulloch, Piwowar commented that she was impressed by the number of signatures that he collected, and he replied that he did not personally hand the clipboard to every person. He said that he told Piwowar that he used a crew but that he personally observed their collection of signatures. He stated that he would not have signed the petitions if he had not seen people sign them.

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Bluebook (online)
936 N.E.2d 743, 404 Ill. App. 3d 125, 344 Ill. Dec. 214, 2010 Ill. App. LEXIS 1007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcculloch-illappct-2010.