April 26, 2013

The hearing scheduled for Friday, April 26 in the case of Wailand v. City of Macomb has been canceled.

The hearing was scheduled at the conclusion of the April 8 evidentiary hearing held in this case to allow the city of Macomb to provide additional evidence in support of its position. On Thursday, the city of Macomb filed a motion stating that it had no additional evidence to present to the court. The court granted that motion and has advised that a ruling will be issued in writing by 4 p.m. Friday, April 26.

During the Feb. 26, 2013 election, Steven Wailand received 17 votes for Second Ward alderman – the majority of the votes. His opponent received 16 votes. However, city and county officials have refused to declare Wailand winner of the election. City and county officials claim that a majority requires a majority plus one vote.

The Liberty Justice Center, a nonpartisan, nonprofit litigation center started by the Illinois Policy Institute, filed a lawsuit asking the city of Macomb to seat the duly elected winner of the Second Ward aldermanic race.

The Liberty Justice Center has attempted to resolve this issue directly with city and county government officials. Here is a link to a letter that was sent to Macomb government officials by Diane Cohen, general counsel at the Liberty Justice Center.

A copy of the complaint filed in the case of Steven Wailand v. City of Macomb, et al, is available here

A copy of the motion filed in this case is available here