HIGHLAND | Lake County election officials removed Highland Town Councilman Mark A. Herak from the fall ballot Tuesday.

Following the Lake County Board of Elections and Voter Registration's 3-2 vote against him, Herak said he will appeal the decision in a lawsuit.

Herak, who has served as a Republican on the Town Council and Lake County Council during the last two decades, rejected his party label this summer and restyled himself as an independent.

He filed two weeks ago as a candidate to retain his Town Council Ward 2 seat under the Highland First minor party label.

Highland Republican Chairman Cy Huerter challenged Herak's candidacy on grounds Herak must resign his council seat, which he won four years ago under the Republican label, if he now wants to run as an independent.

"Mark has been a Republican for a long time, and we don't understand what this independent candidate business is all about," Huerter said.

Before Tuesday's election board vote, Herak said his real sin is being a maverick who doesn't support the party line on some town government issues.

Hammond attorney Kenneth Reed, speaking on Herak's behalf, told the elections board that the Republican Party doesn't own Herak or his office.

"Mark Herak has changed his mind (on being a Republican), and he should not be punished for it," Reed said.

County Clerk Thomas Philpot and Democratic elections board member John McCloud voted in favor of Herak. Republican board members Jim Brown and Pat Gabrione voted against Herak.

Democratic elections board member Alfonso Salinas cast the deciding vote against Herak.

"I have a problem with someone switching (party loyalty) back and forth," Salinas said.

Challenges of independent Highland candidates Philip E. Pena and Dan Vassar were withdrawn.