
Democrat Tony Brown, left, and Republican Jim Root
DECATUR — Macon County State’s Attorney Jay Scott has asked the Illinois Attorney General’s Office to appoint a special prosecutor to provide legal advice regarding the fallout from the sheriff’s election.
The petition for the appointment of a special prosecutor comes a day after the Macon County Republican Party sent a letter to the Macon County Clerk’s Office requesting the clerk, the local election authority, to reverse the results of the Nov. 6 election that saw Democrat Tony Brown defeat Republican Jim Root by a single vote, 19,655 to 19,654.

Scott
Republican officials point to two uncounted ballots, both for Root, that should have been counted by Nov. 20 when provisional and mail-in ballots were added to the overall total. If they had been counted then Republicans argue Root, not Brown, would currently be sheriff. Root had held a 99-vote advantage when votes were counted on Election Day, Nov. 6.
Brown and Root are both lieutenants in the sheriff's department.
Root said Monday he will not be commenting on the matter for the time being. Brown, who began his duties as sheriff on Saturday, said after Monday’s county board meeting that he views the election results as final and will continue as sheriff unless the courts tell him otherwise.
In a filing provided to the Herald & Review by State’s Attorney Jay Scott, the county argues that appointing a special prosecutor would prevent any conflict of interest or appearance of impropriety regarding the matter.
Local and state officials have previously said it would be up to the court to change the results of the election. But the Republican request cites a part of the Illinois Election Code that covers how ballots are retabulated as evidence for why the results should be reversed without the need for a court order.
Scott said Tuesday that his office has already been in contact with the Illinois Attorney General’s Office, but the petition was a formal way to have outside legal counsel weigh in.
“We’ll let someone independent come in and make the decision,” Scott said, adding he did not know how long it may take for a special prosecutor to be appointed.
Macon County Republican Party Chairman Bruce Pillsbury said he applauded Scott's decision and looked forward to a resolution.
"This is new to everyone, and I think we’ve got a pretty strong case, but we’ll leave it to the proper authorities on how it’s handled," Pillsbury said.
Macon County Democratic Party Chairman Jim Underwood did not return a message seeking comment.
GALLERY: Macon County sheriff's candidates Jim Root and Tony Brown
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Tony Brown gets a hug from Jim Root being sworn in as Macon County sheriff on Friday afternoon after a short ceremony at the Macon County Law Enforcement Center. The swearing-in takes effect at midnight, Sheriff Howard Buffett said. More photos at www.herald-review.com
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Macon County Sheriff Howard Buffett receives a plague from Tony Brown, who was sworn Friday as the county's new sheriff during a ceremony at the Macon County Law Enforcement Center. Joining them is Jim Root, who is considering a court challenge of the election's outcome.
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Macon County Sheriff's Lt. Jim Root, right, hugs Sheriff Tony Brown after Brown is sworn in on Friday. Root is seeking a discovery recount after election results showed Brown winning by one vote.
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Jim Root, republican candidate for Macon County Sheriff, middle, speaks with attorney Jerry Stocks while observing the discovery recount for the Macon County Sheriff’s race at the Macon County Office Building Friday morning.
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Jim Root, left, and Josh Tanner remove political signs on North Water Street in Decatur on Wednesday. Root, a lieutenant in the Macon County sheriff's office, was the GOP candidate for sheriff and Tanner ran as a Republican for clerk. They both received the most votes Tuesday.
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JIM BOWLING, HERALD & REVIEW From left, campaign committee member Trevor May, Macon County Sheriff candidate Tony Brown and campaign manager Kendall Briscoe monitor voting results during the Macon County Democrats Election Day party at Doherty’s Pub and Pins Tuesday night. More photos at herald-review.com
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Republican Jim Root finished Tuesday with 99 more votes than his Democratic opponent in the Macon County sheriff's race at the Macon County GOP office in Decatur.
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Republican Jim Root finished Tuesday with 99 more votes than his Democratic opponent in the Macon County sheriff's race at the Macon County GOP office in Decatur.
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Macon County Sheriff candidate Jim Root speaks with the new Macon County clerk Josh Tanner Tuesday at the Macon County GOP headquarters in Decatur. More photos at Herald-Review.com
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Floyd Jenkins, left, greets Macon County Sheriff candidate Tony Brown at Doherty's Pub and Pins for an election party on Tuesday. Brown is asking for a recount in the race.
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JIM BOWLING, HERALD & REVIEW Supporters of Macon County Sheriff candidate Tony Brown display signs on the corner of Franklin Street and Eldorado Street Tuesday.
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Sheriff Howard Buffett takes a photo of Democrat Tony Brown and Republican Jim Root before the start of the Macon County Sheriff debate on Wednesday at the Decatur Public Library.
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Democrat Tony Brown answers a question during a debate for Macon County sheriff candidates Wednesday. Brown stressed his experience and connection with the community in his remarks.
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Republican Jim Root answers a question during a Herald & Review debate on Oct. 24 in Decatur. Root was elected Macon County sheriff.
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Central Illinois Editor Chris Coates, center, moderates the debate between Democrat Tony Brown and Republican Jim Root on Wednesday at the Decatur Public Library.
Macon County sheriff, Tony Brown, Democrat

Tony Brown, Democrat
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JIM BOWLING, HERALD & REVIEW Macon County Sheriff candidate Tony Brown, middle right, celebrates with his fiancé Jaime West, middle left, campaign manager Kendall Briscoe, far right, and campaign member Trevor May as 97 percent of the sheriff primary votes are posted during a gathering at Doherty’s Pub and Pins Tuesday night. Online gallery at herald-review.com/gallery
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Macon County Sheriff candidates Jon L. Butts, Jim Root, and Tony "Chubby" Brown — all lieutenants with the sheriff's office — address the crowd during the NAACP Decatur Branch's Candidates Forum on March 8 at Antioch Missionary Baptist Church Fellowship Hall.
Contact Ryan Voyles at (217) 421-7985. Follow him on Twitter: @RVVoyles