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August 10, 2022

Jasper County Clerk may have violated Notary Public Act –

By John Kraft & Kirk Allen

On June 11, 2017

NEWTON, IL. (ECWd):

The Jasper County Clerk appears to have violated the Notary Public Act [5 ILCS 312] during the 2015 election cycle.

In submitting his petition packet to run for the Jasper County School Board Unit 1, Jon Fulton submitted petition sheets that were notarized by Linda Huth, Jasper County Clerk.

No big deal at face value, however, Mrs. Huth also signed the petition as a voter on line 13 of a 12-line petition.

The Notary Public Act (“NPA”) lists those “Acts Prohibited” in Section 6-104, of a commissioned Notary Public:

(b) A notary public shall not acknowledge any instrument in which the notary's name appears as a party to the transaction. 

Why does this alleged “prohibited act” make any difference at all? Because there is a 50-signature requirement in order to have your name placed on the ballot for this school board. Her signature, written on line 13 of a 12-line petition, made up the 50th signature. The appearance of the additional line is questionable, in our opinion, and doubly questionable when Huth signed as voter and then notarized the document, which apparently violated state law.

The Illinois Appellate Court, 1st District, issued an Opinion in 2016 [¶ 32] in which they opined on the meaning of Section 6-104 of the Notary Public Act. [Johnson v. Ames, 2016 IL App (1st) 162770 – Ill: Appellate Court, 1st Dist., 5th Div. 2016]

A  Notary Public is a public officer commissioned by the Illinois Secretary of State, who published a booklet (see top of page 25) with rules of Notaries, and the NPA defines “Official Misconduct” (which applied to public officials) as the wrongful exercise of power or wrongful performance of a duty. “Wrongful” meaning unauthorized, unlawful, etc.

The NPA also prescribes penalties for Official Misconduct under the NPA, and those are Class B Misdemeanor for recklessly or negligently committing the act to Class A Misdemeanor for knowingly and willfully committing the act. Either way, Revocation of Commission [Section 7-108] is also a penalty if found guilty of official misconduct under the NPA.

More to come on Jasper County matters!

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5 Comments
  • Janie Doe
    Posted at 09:12h, 11 June

    Nice to see Jed’s biased agenda implemented thru a website that aims to smear all public officials regardless of facts

    • jmkraft
      Posted at 09:16h, 11 June

      What “facts” are you talking about? FACT: She signed the petition. FACT: She notarized the petition. You sound like the person with a biased agenda with no facts to back up your claims.

      • Jasper Leaks
        Posted at 10:48h, 11 June

        when are you going to cover the censured school board member? Would love to hear BOTH sides of that

        • jmkraft
          Posted at 10:52h, 11 June

          working on it…

  • Dawn M Smith
    Posted at 10:57h, 17 November

    Iv been trying to file record my case which I got judge to award me 23,000.00 but gave Roy smith the home I quit claimed over and I can’t get paid they transfer title to father standley cox I paid 52,000 for home 2009 then in 2012 they got 29,000 effingham bank loan then r selling for 54,900 all on my money and clerk Linda Hutu won’t except none of my filing record deed, show cause ,enforce a judgment I need help the irs debt alone from Roy he lied about ss number so it’s my debt in divorce he to pay Sharon cox in paragraph I says she will pay it so that allows me to 3 party go after them but this clerk won’t except my filing dawn smith 954-226-2059 11753 nw 1 street Coral Springs fl 33071 help me

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