The Law on Mail-In Ballot Counting in Illinois

Under Illinois Election Code (10 ILCS 5/19-8), election authorities may begin processing vote-by-mail ballots on or after 7 a.m. on election day, but they may not tally or count any results until after the polls close at 7:00 p.m. This rule was strengthened in the aftermath of high-volume vote-by-mail elections during the COVID-19 pandemic and remains in place today to ensure fairness and consistency in reporting election outcomes.

Processing allows election officials to verify signatures, check for valid postmarks, and prepare ballots for tabulation—but counting results early would give any election authority, party, or candidate an unfair advantage and opens the door to potential abuse or manipulation.

The law exists for one reason: to protect confidence in our democracy. Elections must not only be fair—they must also appear fair to voters across the political spectrum.

What Happened in Freeport on April 1, 2025?

On Election Day, Freeport voters participated in a high-stakes municipal election, including the race for mayor. Joshua T. Atkinson, a Navy veteran and business developer, challenged incumbent Mayor Jodi Miller, running on a platform of transparency, accountability, and change. The results of the election placed Mayor Miller ahead, and Atkinson swiftly congratulated her publicly.

But days later, on April 7, 2025, a community member approached Atkinson expressing concern that mail-in ballots had not been counted. Wanting to reassure the public and verify the facts, Atkinson contacted the Stephenson County Clerk’s Office. That same day, he received a return call from County Clerk Jazmin Wingert, during which she stated that she had already counted the mail-in ballots—prior to Election Day.

Wingert’s explanation: she strives to count mail-in ballots as they arrive, to “ensure more accurate numbers” in advance of Election Day. But this claim contradicts Illinois election law. Counting ballots before the polls close at 7:00 p.m. on election night is expressly forbidden, regardless of intention or perceived efficiency.

While April 21 was the final day to contest the election results, Mr. Atkinson has made clear that he does not seek to overturn the outcome. His focus is on exposing possible violations of law, ensuring these issues are corrected moving forward and all those who are proven to have violated the law are held accountable.

Additional Concerns: Ballot Error at Park Hills Golf Site

During the same April 7 conversation, Atkinson also raised a second issue: a voter in Freeport’s 2nd Ward reported receiving a ballot that excluded the 2nd Ward Alderperson race. The voter caught the error and was given a corrected ballot—but Wingert told Atkinson she was unaware the incident had occurred.

This raises further concerns about oversight and quality control within the Clerk’s office—particularly at a time when Freeport is experiencing political shifts, rising voter skepticism, and increasing calls for reform.

Letters to Authorities Released Today

In the spirit of accountability, Atkinson has submitted formal letters requesting investigations into these irregularities. The letters have been sent to:

• The Stephenson County State’s Attorney

• Illinois Attorney General Kwame Raoul

• The Illinois State Board of Elections

Each letter details the timeline of events, documents the 8-minute and 24-second phone call with Clerk Wingert, and highlights violations of the Illinois Election Code. All letters emphasize that the intent is not to overturn the election, but rather to ensure such mistakes are never repeated and that election laws are upheld regardless of party affiliation or political pressure.

Atkinson has also raised concerns about potential conflicts of interest, citing that Wingert currently serves as Secretary of the Stephenson County Republican Party, chaired by State Senator Andrew Chesney, who has openly supported Mayor Miller.

This Is Not About Politics. It’s About Principle.

For years, Freeport has suffered under the weight of closed-door deals, unchecked political alliances, and public disillusionment. Whether it's the lack of basic infrastructure repairs, rising crime, or favoritism in city hiring and contracts—the people of Freeport have seen enough.

Atkinson’s actions today are a reminder that democracy doesn’t end at the ballot box. It’s an ongoing promise—a covenant between the people and those who seek to represent them.

This is not an attempt to relitigate the election—it’s a commitment to the promise made to Freeport voters: to fight corruption, demand transparency, and restore integrity to local government.

Atkinson has submitted formal letters to state and county authorities not to reverse the outcome of the April election, but to safeguard the democratic process. His actions reflect a core principle of his campaign: that Freeport deserves honest leadership and lawful governance, regardless of who holds office.

Public Access to Official Letters

To promote transparency, Fighting4Freeport has published Mr. Atkinson’s official letters (provided in the links) to the following agencies:

• Stephenson County State’s Attorney

• Illinois Attorney General Kwame Raoul

• Illinois State Board of Elections

Freeport voters—and every Illinoisan—deserve to know what happened, how it happened, and what will be done to prevent it from happening again.

The fight for Freeport’s future continues—not in bitterness, but in belief that we can and must do better.

— Fighting4Freeport