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GORDON V. MOORE PROCEEDS, MOVES TO DISCOVERY

TEAM GORDON WON its court battle this morning, meaning that Don Gordon's historic lawsuit and legal challenge to the election of Chicago's 49th Ward Alderman Joe Moore can now move into the discovery phase. The hearing started at 10:00 a.m. and ended at approximately 11:45 a.m. DEVELOPING, more to come during the day. The court hearing and decision by Judge Marsha D. Hayes on Defendants’ Moore and Board of Elections motions to dismiss the lawsuit, summary of today's decision: 1. JUDGE HAYES AGREED THAT THERE ARE ENOUGH QUESTIONS WITH MERIT TO PROCEED AND TEAM GORDON SHOULD BE ALLOWED TO GO TO DISCOVERY. (THIS MEANS THAT MEMBERS OF ALDERMAN MOORE'S STAFF AND OTHERS RELATED TO THE ELECTIONS OF FEBRUARY AND APRIL CAN EXPECT AFFIDAVITS, POSSIBLY SUBPOENAS.) 2. THE CHALLENGE OF UNEQUAL TREATEMENT OF CHICAGO ALDERMANIC CANDIDATES VERSUS THE TREATMENT OF OTHER PUBLIC OFFICE SEEKERS IN THE STATE OF ILLINOIS WAS THROWN OUT, PROBABLY BECAUSE MOST JUDGES ARE RELUCTANT TO DEAL WITH CONSTITUTIONAL ISSUES. THIS MAY OR MAY NOT HAVE BEEN JUDGE HAYES'S MOTIVATION; IT IS UNKNOWN. THIS EFFECTIVELY MEANS THAT THE ELECTION COMMISSION IS OFF THE HOOK AS A DEFENDANT IN THE SUIT. RELATED: http://www.voter49.org/index.html

1 comment:

  1. Tom, was this result a surprise to you? My sense was that these types of challenges usually just got tossed out as sour grapes... So this could mean something!

    Probably still will be a hard case for Gordon to win, though, correct? But Moore and his people must be sweating at least a little today.

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