Election commissioner under scrutiny

State's Attorney: Peoria grand jury probing ties between Eugene Wittry, voting machine vendor

November 23, 2005

By MOLLY PARKER   Peoria Journal Star

Of the Journal Star
PEORIA - A Peoria County grand jury is investigating alleged impropriety between a member of the Peoria Election Commission and an election machines vendor poised to receive a nearly $1 million contract.

State's Attorney Kevin Lyons said Tuesday the grand jury will spend several weeks investigating Commissioner Eugene Wittry, whose relative runs Populex Corp. The commission had planned to buy new electronic voting machines from the start-up company to meet new federal requirements for disabled voters.

Wittry owns stock and serves on the advisory board of Populex, which started at the behest of the Peoria Election Commission shortly after the 2000 presidential election. Wittry encouraged his cousin's husband, Sanford Morganstein, an inventor with numerous patents, to design a machine tailored for Peoria. Three other companies submitted bids, but the commission endorsed Populex.

The investigation will center on whether Wittry broke any of the laws that govern bidding and contracting, as well as whether he was "profiteering in a private capacity while performing a public function or other official misconduct."

Wittry could not be reached for comment Tuesday, but earlier said he was advised by an attorney that he was not in violation of the law so long as he did not vote on the ion of Populex. He refused to disclose

how much stock he owned in the company, saying he made the investment to help the company get started, not to make a profit.

Thus far, only Wittry is under investigation, though the case could evolve depending on what, if anything, is "uncovered along the way," Lyons said.

No one has been charged with any wrongdoing. Lyons said the election commission, like many small units of government, often is taken for granted because the meetings are sparsely attended and therefore lack public oversight.

"I think the election commission is, for the most part, one of those units. But they have my attention now," Lyons said.

Wittry announced previously that he would not seek re-appointment to the board when his term expires in December. Former City Councilwoman Camille Gibson will replace Wittry on Dec. 1, the next time the board meets.

Tenth Judicial Circuit Judge Richard Grawey, who made the appointment, said he has always admired Gibson's "independence and intelligence."

While the commission now is considering other alternatives to Populex, Gibson said it will take her some time to study all the information she's been handed.

"I just want to be as fair and objective as possible," she said. "It's my feeling that public confidence in government has eroded at all levels. That's why the electoral process has to be as pristine as we can make it, and I hope to be able to contribute to that."

Grawey also recently replaced Commissioner Tommy Heard with former County Clerk Mary Harkrader. There are only three members on the commission, which must make a decision on election machines by the end of the year to secure federal grants.