This morning, The Villagers' Voice received notice of a filing in Clay County Circuit Court to remove Darren Bailey's case, which was to be argued tomorrow, to federal court. It is not known if the Federal court will even hear the case and this action is looking more like a delay tactic.
The state lost in its arguments against Rep. Darren Bailey in the first case, when Bailey request for a temporary restraining order against the governor was granted by Chief Judge Michael D. McHaney on April 27 in the Clay County circuit court. When the governor appealed to the Appellate Court, Bailey withdrew his request for the temporary restraining order, and then re-filed his case with new arguments. The state then moved to take the case to a Sangamon County court. Those arguments were heard last Friday, May 15.
The state failed in their efforts to convince Judge McHaney to let the case move out of Clay County and away from a judge who was not ruling in their favor. Arguments on Bailey's new case are scheduled for tomorrow (Friday) afternoon in Clay County, but this morning, the state filed a "notice of filing of notice of removal" meaning they were alerting Clay County court that they have now filed for this case to be heard in federal court rather than the circuit.
So here is the response from Rep. Bailey's attorney Thomas Devore to the new filing by the governor's lawyers. See at this link.
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