Macomb special alderman election to take place final ruling awaited

Voters in Macomb might feel a little bit of déjà vu when they look at their ballots on Tuesday and see Kay Hill and Steven Wailand vying for the second district alderman seat.

Mike Billy
Illinois News Network

Voters in Macomb might feel a little bit of déjà vu when they look at their ballots on Tuesday and see Kay Hill and Steven Wailand vying for the second district alderman seat.

The candidates already ran in February but are facing off again in a special election – even though the results may never see the light of day.

That’s because a judge authorized a temporary restraining order on Monday that seals the results of Tuesday’s special election until a lawsuit filed against the city of Macomb and McDonough County officials can be resolved.

The lawsuit revolves around the Feb. 26 alderman election where Wailand, a Western Illinois University student, received 17 votes, and Hill, the incumbent, received 16.

Wailand thought that was enough for him to be declared the winner, but Macomb City Clerk Melanie Faulk argued that, by the city’s definition of a majority, he did not receive enough votes.

During testimony on Monday, Faulk said the city defines a majority as “50 percent of the vote plus one more vote.”

Using the city’s definition, Wailand needed 17.5 votes to win. His 17 votes – nearly 52 percent of the total – were a half vote short.

The problem with Faulk’s definition, according to Diane Cohen, Wailand’s lawyer and general counsel for the Liberty Justice Center, is that it appears nowhere in the city statutes.

When asked by Cohen where in the statutes a majority is defined as 50 percent plus one, Faulk said it wasn’t written anywhere, but that the city has always defined a majority that way.

“It has been the standard since I have been working for the city of Macomb,” she said during cross examination.

Cohen, however, argued that the plain definition of the word majority should be used if there is no other definition clearly spelled out in the statutes.

“Majority is the word they use and majority means more than half,” Cohen said during oral arguments.

Macomb City Attorney Kristen Petrie asked for a continuance during oral arguments so the city could gather more evidence and witnesses.

Circuit Judge Rodney Clark ruled to have the results of the special election sealed in order to prevent irreparable harm to Wailand and give the city the opportunity to present more evidence.

A hearing is scheduled for 9 a.m. April 26, at which time Clark said he will make a final ruling on the matter.

Macomb aldermen are sworn in at the first city council meeting in May.