SPRINGFIELD — A spokeswoman for Gov. Pat Quinn said Wednesday that the governor's appointment of Lawrence Oliver to the University of Illinois Board of Trustees was legal at the time because Oliver had declared himself to be an independent.

State Senate candidate John Bambenek of Champaign had charged Tuesday that the board of trustees and numerous other state boards and commissions had an overabundance of Democratic appointees. The UI board, he said, has six Democrats, including Oliver, when it is supposed to have no more than five.

Oliver was appointed to the UI board in 2009 but didn't vote in his first primary election until 2010, when he chose a Democratic ballot. Based on court rulings his party affiliation wasn't established until he voted in the primary.

"Political affiliation as part of the appointment process is evaluated at the time of appointment, based on the self-declaration of the candidate and an  additional review of the candidate's voting record," said Brooke Anderson, a spokeswoman for the governor.

But Bambenek said that other Quinn appointments, including the March nomination of former Champaign resident Terry Cosgrove to the state Human Rights Commission, were illegal. That commission, Bambenek said, now has nine Democrats although it is limited to no more than seven from one political party.

"The Cosgrove thing, they knew that put them over the max," Bambenek said. "That one was just flagrant."

Anderson, who claimed that a lengthy report by Bambenek about Quinn's politically unbalanced appointments "isn't credible," said that Quinn "seeks people out who exemplify his philosophy of integrity, competence, public service, and who also comply with the requirements and extensive criteria in place for appointments. That includes political affiliation."

She said the majority of Quinn's recent appointments originate with people who have applied through a state website.

Bambenek, who is a Republican candidate for state Senate in the 52nd District that includes Champaign and Vermilion counties, said a lawsuit could challenge all the actions of what he said are illegally constituted boards.

Among the boards and commissions that Bambenek claims have too many Democrats are the Southern Illinois University Board of Trustees, the Educational Labor Relations Board, the State Board of Education and the Board of Higher Education.