Here’s an odd one in a pending federal case that has gone unreported.
A group attempting to put an advisory referendum question on the ballot for November was unable to do so, they allege, because of Pritzker’s emergency shelter-in-place order. It effectively prevented them, they claim, from collecting the required signatures.
They sued in federal court claiming their effort was improperly blocked. Defendants include Secretary of State Jesse White, members of the Board of Elections and several municipal officials including Josh Tanner, Macon County Clerk.
On Wednesday, Tanner, in his capacity as County Clerk, filed his answer and accompanying memorandum linked here.
It’s his defense that’s interesting. Pritzker’s order should have been ignored, the memorandum says, because it’s unconstitutional. It’s all on pages two through five, which lay out in some detail why Pritzker’s order was invalid.
In other words, if the plaintiffs were foolish enough to think Pritzker’s order was valid, that’s their problem. That’s essentially what the county clerk is arguing.
– Mark Glennon