Judge Grants Preliminary Injunction Preventing Formation of Elections Commission while Lawsuit Moves Forward
An order entered by Kane County Circuit Judge David Akemann in Lake County Court stops Lake County's chief judge from appointing an elections commission. This action maintains the clerk's responsibility to administer elections, as the lawsuit moves forward.
In July, Governor Pat Quinn signed a law that establishes an election commission in Lake County only. The provision was included in a larger piece of election legislation. The County then filed a lawsuit challenging the constitutionality of the new law because it specifically singles out Lake County and eliminates voters' right to choose who administers elections.
Lake County Board Chairman Aaron Lawlor said, "This injunction is a great first step in stopping the legislation and ensuring voters have a say over how their elections are run. Judge Akemann's decision gives the clerk the opportunity to move forward in planning the upcoming March primary as we continue to challenge this unconstitutional law."
The judge cited that the plaintiff has a reasonable likelihood of success and without the preliminary injunction would suffer irreparable harm.
A hearing date on the lawsuit has not been scheduled yet. The case is being heard by a judge from Kane County, after 19th Circuit judges recused themselves due to Chief Judge Fred Foreman being named as a defendant in the lawsuit.