On April 26, a state court in Illinois ruled that Steven Wailand received a majority in the Macomb February election for Alderman. See this news release from the Liberty Justice Center, which represented Wailand. He received 17 votes and his only opponent received 16. The issue was whether he had received a majority. Local election officials had said that “majority” means at least one more than half the votes cast, but the judge disagreed. Here is the opinion. The case is Wailand v City of Macomb, circuit court, 9th district, 13-MR-46.
Ballot Access News
Edited By Richard Winger
What is the name of the judge? It wasn’t mentioned in the article an is illgible on the court order. The judge’s opinion was concise, clear and good common sense. It should be a standard for all court orders. This judge deserves acclaim. If only other judges were as good!
Took me a minute to realize the difference. 50% + 1 would be 17.5 votes.
The judge is Rodney Clark.
Imagine if the US Supreme Court had to go by the 50%+1 rule!
What is the majority of 3, 5, 7, 9, etc. odd numbers ???
What is the majority of 4, 6, 8, 10, etc. even numbers ???
Who teaches math in IL ???
#1 Rodney Clark
It appears that he is the resident judge for Hancock County, another county in the 9th Circuit (Macomb is in McDonough County). It is possible that he was assigned because of a possible conflict of interest, which is not too unusual in election cases.
The city clerk testified it had “always been this way” but that Macomb had never had an election go to the consolidated election (in Illinois, the odd-year election is called the “consolidated” election to distinguish it from the even-year “general” election). Macomb permits a majority to elect in a primary, and had never failed to elect in the primary.
Macomb has 9 aldermen.
“Half” are to be elected every two years. Are 4.5 elected every two years?
There are many uses of “majority” in the municipal code with reference to action by the city council or other commissions. I wonder if there have been any 5-4 non-majority decisions that should be nullified.
“Joint authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.”
I sure hope that two persons never acted on behalf of three persons having joint authority.
Among the city clerk’s duties are to attend every city council meeting and record and transcribe them. She should be able to check these to make sure all action was by a Macomb Majority.
Here’s another story about this ruling http://www.pjstar.com/news/x1213305890/Ruling-favors-WIU-student-in-vote