Court Rules in Favor of Wailand in Macomb Election Results Dispute - WGEM - Liberty Justice Center

Court Rules in Favor of Wailand in Macomb Election Results Dispute – WGEM

In Steven Wailand v. City of Macomb, the Liberty Justice Center represents Steven Wailand who received the most votes for a Second Ward Alderman seat, yet the City refused to recognize him as the winner, and instead scheduled a runoff election between him and the incumbent.

The excerpt below is from an article that appeared April 26, 2013, on WGEM. 

MACOMB, Ill. (WGEM) –A judge has ruled that the results of a February election for an alderman’s seat after the definition of the word “majority” was brought into question by the Macomb City Council.

A judge ruled Friday that Steve Wailand shall be seated as Macomb’s second ward alderman after winning a February election by a final of 17 votes to 16 votes for incumbent Kay Hill. However, Wailand was never declared the winner.

The Liberty Justice Center filed a lawsuit on his behalf, claiming election officials ignored the laws in place.

In an April 2 hearing, Judge Rodney Clark ordered the additional hearing to give the city of Macomb more time to present additional information.

While the city of Macomb argued that the word “majority” should be defined as “50 percent plus one”, Wailand argued that it should be anything above 50 percent.

The court agreed.

“This court finds that the word “majority” is unambiguous and requires no construction,” according to the documents filed in the McDonough County Courthouse. “As stated in the Municipal Code of Macomb, Illinois, it should receive its “common and approved usage of the language.”

The court said that the city could not produce enough evidence to support the argument that the word “majority” be defined as “50 percent plus one.”

“The court is confident that anyone reading the code would determine that if a candidate received more than 50 percent of the vote at the February election, that the candidate would be declared the winner.”

Read the full article on WGEM.

Want to Learn More?

You might Also like

Parents’ suit challenges Vt. school tuition system – Bennington Banner

A group of Vermont parents are suing the state and local school districts over unequal access to education under the state’s 150-year-old Town Tuitioning system. The parents say the program violates the state constitution by allowing children residing in certain school districts to attend the...