I deliberately employed some lawyerly weasel-words when I wrote, on the morning of November 4, that it looked like all Cook County judges seeking retention appeared to have been retained.
There were still votes being counted, I cautioned. A week later, many of those votes have been counted. And Judge Jackie Marie Portman Brown has fallen below the 60% threshold necessary for retention in both the City and the suburbs -- 58.87% in the City, 59.69% in the Suburbs (the suburban returns having been updated just last night). There are still some suburban votes to be counted -- meaning vote by mail ballots already received but not yet processed. There could still late-arriving ballots in the City and the suburbs -- ballots postmarked on or before Election Day can still be counted if they arrive by November 17. But the numbers of validly postmarked, late-arriving ballots has dwindled, as one would expect, to a daily handful. Portman Brown seems unlikely to rebound at this point. Her combined "yes" percentage, by my calcuation, is 59.27%.
On Election Night I reported that Judge John J. Mahoney was below the 60% threshold in City returns. His City numbers got worse over the past week, as VBM ballots were processed. Mahoney received "yes" votes on only 57.44% of ballots in the City of Chicago. However, just as on Election Night, Mahoney's suburban numbers have bouyed his retention bid up above the minimum: As of last night, Mahoney had "yes" votes from 62.65% of suburban voters. By my calculations, however, that comes to 60.05% in the combined total. The margin is whisker thin -- and we may just have to await final certification of the results to know for certain.
The closely-watched retention bid of Judge Michael P. Toomin has not been seriously impacted by these late returns. As of November 4, I reported that Toomin had barely reached the 60% threshold in the City, but had been 'saved by the suburbs.' City totals now put his "yes" vote at 59.02%, but his favorable percentage in the most recently reported suburban returns is 64.15%. His combined favorable percentage is 61.57%.
One thing is clearly evident: When it came to the retention ballot, the electorate was in a sour mood this year. While someone may have slipped past my notice, I haven't seen any retention candidate with an overall favorable percentage clearly above 80%. In the last retention election, there were eight such. (Judge Cynthia Y. Cobbs had a nearly 82% favorable vote in the City returns, but just over 78% in the suburbs. By my calculations, she's at 80.007112% overall -- and she may top the retention class.)
She might top the Retention Class, but she won't be presiding over circuit judges for much longer. First, Gordon. Then, Pierce. Then, Cobbs. If you aim for the king, don't miss, Cynthia.
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