The Second Ward Alderman race in Macomb will proceed on Tuesday, even though the results may not matter.
A lawsuit challenging the results of the alderman's race from February won't be decided until later this month.
"I have to give the city an opportunity to present additional information. I'm going to give them that opportunity," said Judge Rodney Clark.
Clark ruled the results from Tuesday's election will be sealed until a decision is reached in the lawsuit. If the city wins the suit, Tuesday's results will be the final factor to determine the winner.
The question at hand? What defines a majority.
Attorneys for Steve Wailand questioned Macomb City Clerk Melanie Faulk on Monday on what it takes to win an election. When presented with the code book, Faulk was unable to show where the city's definition of what was needed to win an election.
In the February election, Steve Wailand received 17 votes for Second Ward alderman, while incumbent Kay Hill had 16 votes.
Rather than declaring the Wailand the winner, government officials are holding another election April 9. But Wailand says according to the city's rules, he received enough votes to win by a simple majority.
The Liberty Justice Center has filed a lawsuit on his behalf asking the court to order city and county officials to abide by election laws.
"First of all, it's to hold government officials accountable, they are required to follow the law. Not act arbitrary or capriciously. And so this is a very important case to remind government officials that what they do matters, their conduct matters. And we hope this will set a precedent and also a constitutional precedent around the state," said Diane Cohen, general counsel with the Liberty Justice Center, said on Friday.
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