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.

This would be the fourth court case we know about where the constitutionality of Pritzker’s order is being challenged. Two are pending in state court and one in federal court.

– Mark Glennon

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Monell Servis
6 months ago

Win the lawsuit!! Unconstitutional!!

Monell Servis
6 months ago

Win!!

Monell Servis
6 months ago

He overreached his constitutional authority. Work with legislature now
Open downstate. People who have singular incomes need to get back to work. Unemployment is a joke.

Fed up neighbor
6 months ago

Everyone needs to start contacting there local representatives, senators, etc and ask them to start a petition to recall this governor. They are the only ones that can originate this if I stand correct, then petitions are sent out and must be done within a certain time frame. It is also a percentage of voters that voted to make this happen. Any insight wirepoints readers and comments.

mark keane
6 months ago

YOU WANT US TO CONTACT DEAD BEAT FIGURE HEADS?

a person
6 months ago

I am tired of the DESPOT of Illinois thinking that he is ruling with an iron fist.
The legal citizens of Illinois need to go out and work.
The Democraps want the citizens to be dependent upon them. There is no science to this. It is Pritzker and the rest of the Illinois democrats that want to rule with an iron fist.
The Federal government needs to come in state that Illinois can open

Hank Scorpio
6 months ago

What about the mandatory wearing of masks in public? What does that mean? Will the police pick me up and send me to the gulag if I go to the grocery store without one?

Jennifer
6 months ago
Reply to  Hank Scorpio

It depends on your county . Many counties including my own will not be enforcing it . If a business chooses to ask you to that is their right . Said business can ask you to leave .

MillerTime
6 months ago
Reply to  Hank Scorpio

Don’t laugh, I had this Amazonian thing bully me for not wearing my mask correctly. I actually thought at first she was trying to rob me. After arguing for several minutes getting another elderly customer involved I lifted it up way up. Naturally if started fogging both of our glasses. I turned and knocked into a small display but continued filling up my cart. Just before I got into the line at the checkout this same Amazonian came up and said something to me, I know it wasn’t to apologize. I proceeded to the queuing area and just left the… Read more »

UnclePugsly
6 months ago

Why do Democrats have such a problem with following the Law?

Governor of Alderaan
6 months ago
Reply to  UnclePugsly

The media protects them

Paul
6 months ago

Pandemic is Dem surrounded by PAN_IC

NB-Chicago
6 months ago

Didn’t the legislature conveniently arrange to only meet at earliest a couple days after the cutoff date (Monday?) to vote on placing any referendum/amendment on november ballot? Jb, madigan & the boys already got graduated tax amendment on ballot and once again squashed fair maps…thats using the pandemic

Illinois Entrepreneur
6 months ago

I wondered about this in the context of opening my business again, in defiance of the authorities. If I don’t open, can’t they say — with lawyers using the trickery their famed for — that I was never actually forced to close, because there was no lawful order to do so? Then it follows, well, am I supposed to interpret the Constitutionality of every government official’s orders and act rogue? I’m not a Constitutional scholar, so how do I reasonably do this? Or, do I act like a reasonable citizen, and assume that the governor is acting in good faith,… Read more »

Mick the Tick
6 months ago

Ouch! Your comment makes my brain hurt.

Illinois Entrepreneur
6 months ago
Reply to  Mick the Tick

Sorry, it was late. I could have found a simpler way to say it, but my brain was tired.

Rick
6 months ago

I understand what you’re saying. It makes perfect sense. These kind of arguments should be brought to courts, they actually make sense. SCOTUS will eventually have a lot to sort out.

Marissa
6 months ago

Exactly! Good argument!

Transparent Illinois
6 months ago

“At this point in time, the exercise of powers by the Governor to mandate home detention for non-essential activity after 30 days is not enabled and exceeds the statutory grant of emergency powers. “