“The Natives are Restless” wrote H. G. Wells in 1933 for ‘The Island of Doctor Moreau.’ The same could be true today of the residents of Sun City in reaction to the Sun City Board of Directors vote on the future of the Kane County polling site in the Prairie Lodge.
The Board of Directors, in a 4 to 3 vote at the March 24th Board meeting, decided to not renew the polling place agreement with the Kane County Board of Elections. The community voiced disagreement with the Board’s vote.
The Board posted the following in a Community Update email on April 9:
“One of the primary responsibilities of the Board of Directors is to uphold the integrity of the Association’s governing documents and policies. The Board cannot choose to nor has the authority to make exceptions to or change these governing documents or policies.”
A response (by an unverified author) to the Board on April 9 was emailed to residents via the Neighborhood Watch Block Captains. The email message addressed the Board’s position on Article 10.1 of the Association’s Declarations and Covenants.
The following are the arguments that email presented that conflict with the Board’s decisions:
Article 10.1 of the Association’s Declarations & Covenants that purportedly prohibits signage actually allows the Board to continue Prairie Lodge voting without violating Sun City rules.
1. It is not true that Article 10.1 prohibits all signs, except For Sale signs;
2. Rather, the rule is: “No sign shall be erected within the Properties without the written consent of the Board, except those required by law;
3. Accordingly, the Board could pass written authorization for election signs to be allowed at the polling place on Election Days without violating 10.1 and there would be no need to change the Declaration with a 2/3 vote of the residents, contrary to misinformation that is circulating;
4. Article 10.1 also recognizes that signs “required by law” are allowed. Since campaign signs are required by law to be allowed on Election Day at polling places, there would not even have to be written consent of the Board for Election Day campaign signs if Prairie Lodge remains a polling place.”
The email message continued:
What is in the best interest of Sun City Kane County residents?
1. Losing a benefit that Kane County Sun City voters have enjoyed for 20 years should not have happened without adequate notice to the community and an opportunity to be heard;
2. Contrary to the majority Board vote, Article 10.1 does not require the Board to terminate the polling place;
3. The decision should be reconsidered and reversed in the best interest of the community and as a “best practice” of the Board.
Facebook pages and community petitions were circulated and called for the Board to have a revote and to reinstate the agreement with Kane County.
Jim Uszler, President of the Neighborhood Watch, started a petition against the Board’s decision.
Uszler said “I was talking with other Neighborhood 7 residents about the polling place decision and heard negative feedback about the board.”
Further discussions with neighbors led Uszler to create the “Stop the Move of the Kane County Polling Location” in Sun City Huntley petition. The petition can be found here.
“More than 650 residents have signed the petition” according to Uszler. “With many adding comments.”
“I certainly hope that the Board will review and reverse the decision,” continued Uszler. “It’s not in the best interest of the community.”
Uszler’s ultimate goal is 1,096 signatures which is the number needed to force a special meeting of the Board.
Some petition comments were:
Jennifer Galloway, Neighborhood 21
I don’t feel that the residents were well informed of this so that they could tell the board members how they felt about it.
Jacqueline Stashwick, Neighborhood 36
I want to have voting restored to Prairie Lodge. So wonderful for everyone and convenient for those who have difficulties
Donna Bordsen, Neighborhood 7
Since this hasn’t been a problem for the last 20 plus years, I can only assume the issue was presented and decision was made based on 4 board members personal agenda and political preference.
Wally Gullang – Neighborhood 10
Whether it was a Republican or Democrat who complained, the board made the right decision. If you want to blame someone, blame the person who pushed the issue that they wanted their party sign.
Pam Pettrone, Neighborhood 21
I’m disappointed in the board. Voting at the Lodge is one of the perks for living in SC.
Board Chairman Vito Benigno was contacted and asked if the Board will revisit the polling place issue and if the April 28 Board meeting would be broadcast but the Sun Day received no reply.
Late on April 14, Benigno sent a Special Announcement to the community. It stated:
“The agenda for the April 28th Board of Directors (Board) meeting will contain an item listed to revisit cancelation of the agreement with Kane County for utilization of Prairie Lodge as a Rutland Township polling place. The Board meeting will be held in the Drendel Ballroom. Due to Covid – Phase 4 group limitations, the audience will be limited to 100 people in the ballroom and space will be available on a first come first serve basis. Doors will open at 8:45am. In efforts to increase opportunity for residents to observe the meeting, it will be streamed on TVs throughout the Prairie Lodge and on YouTube for residents to view.”
In a followup press release sent out by SCCAH Executive Director Deanna Loughran, Loughran stated:
The Prairie Lodge at Sun City has been used as a polling place since the early 2000’s. In accordance with the community’s governing documents signage and electioneering had always been prohibited onsite. On November 3, 2020, the Kane County States Attorney office advised Management that under the provisions of 10 ILCS 5/7-41 “the area on polling place property beyond the campaign free zone, whether publicly or privately owned, is a public forum for the time that the polls are open on an election day.” In addition, the statute further provides, “A person shall have the right to congregate and engage in electioneering on any polling place property while the polls are open beyond the campaign free zone, including but not limited to, the placement of temporary signs.”
Understanding the conflict first raised by Kane County, at the Board of Directors (Board) meeting on March 24, 2021, the Board reviewed the statute in addition to terms of the Declaration of Covenants, Conditions and Restrictions for Sun City Huntley by Del Webb, and specifically, Article 10.1, which does not allow signs to be erected without Board consent throughout the subdivision except for one (1) ‘for sale’ sign. Residents of Sun City Huntley are advised regularly and may receive violation notices stating that signs (including political signs) are not allowed within the subdivision.
The Board determined by vote that it was not in the best interests of their neighbors to continue to allow the use of the Prairie Lodge to serve as a polling place since the community’s private property rights are preempted for the duration of an election day and political signs/electioneering would be allowed for that time. Although the Board’s action was taken, not to obstruct resident’s right to vote, but to protect the private property rights of the Association and the integrity of the rules and regulations for Sun City Huntley [sic].
This story has been updated to reflect that President of the Neighborhood Advisor Committee Joe Norton is not the author of the email sent to NWB Captains, regarding the Board’s decision and article 10.1 of the Association’s Declarations and Covenants.
