A Drew County Circuit Court ruling has cleared the way for Kenneth Wells to be named to the Monticello School Board after a judge determined that the opposing candidate in the Zone 2 race was ineligible due to residency requirements.
Circuit Judge Quincey Ross issued an agreed order Friday, ruling in favor of Wells and finding that Jacob Seth Fair does not reside in Zone 2, the district in which he filed to run for the school board.
According to the court’s findings, Fair is a resident of Zone 5 and mistakenly entered the Zone 2 race. As a result, any votes cast for Fair in the Zone 2 election are considered invalid and may not be counted or certified by the Drew County Board of Election Commissioners.
Ross directed election officials to exclude all votes cast for Fair from the final tally, resolving a petition for declaratory judgment and writ of mandamus filed by Wells.
The court noted that the determination was made after reviewing official zoning maps and districting records. The order also states that Fair acted without malice and that the filing error was unintentional.
With the ruling in place, Kenneth Wells will be named to the Monticello School Board for the Zone 2 seat.
The agreed order was signed by Ross on Feb. 6, formally concluding the case in Drew County Circuit Court.
