Collage:  James Marter and Judge Stephen Krentz

Oswego Library Board Trustee write-in candidate James Marter (left) and Kendall County Judge Stephen Krentz.  Judge Krentz rules Tuesday that Marter's votes can be counted in Kendall County. (Marter photo provided; Judge Krentz photo for WSPYNews.com by James Wyman)

 Judge Stephen Krentz ruled on Monday that Kendall County Clerk Debbie Gillette can count write-in votes for Oswego Library Board write-in candidate James Marter in Kendall County but that votes cannot be counted in Kane or Will counties.

The Oswego Library Board of Trustees, Board President Terry Tamblyn and former Oswego Village Board President Gail Johnson had sought to keep Marter's write-in votes from being counted in any county since Marter did not file a Declaration of Intent as a write-in candidate in Kane and Will counties, which are part of the Oswego Library District.

Marter did file the Declaration of Intent in Kendall County, where he is Chairman of the Republican Party.

In his ruling, Judge Krentz wrote that the Declaration of Intent filed with the Kendall County Clerk was sufficient to qualify Marter as a write-in candidate.

Marter was pleased with the judge's ruling. 

Following Monday's hearing, Marter was asked why Tamblyn, Johnson and the Library Board came after him.

Marter will need 50 write-in votes to be seated on the board. 

There are four open seats on the Oswego Library Board of Trustees and only three candidates.

Attorney Neal Smith represented the Oswego Library Board, and Smith was asked his reaction to Judge Krentz's ruling. 

Incumbents Tamblyn, James Connon and Peter Wallers are running for re-election. Trustee Aimee Long is not seeking re-election. That means that Marter could be the fourth member of the board seated if he is successful in obtaining 50 votes.

Gillette, Tamblyn and Johnson were not in court on Monday.  Assistant Kendall County State's Attorney Leslie Johnson represented County Clerk Gillette.  Kendall County State's Attorney Eric Weis was also present in court.

Hear Jim Wyman's WSPY Radio story by clicking the link below: