CLAY COUNTY, Ill. (WAND) - Governor JB Pritzker is asking all court proceedings filed against him by Darren Bailey be moved to Sangamon County, according to a motion filed on Thursday.
According to the motion, Sangamon County is the more convenient venue for this action.
The lawsuit states, "Governor Pritzker maintains his official residence in Sangamon County, and does not reside in Clay County. The orders Governor Pritzker issued for the purpose of combating COVID-19 were issued in Sangamon County, not Clay County. In fact, the documents attached to Bailey’s complaint further illustrate why the private interests weigh in favor of transfer to Sangamon County. Governor Pritzker maintains his official residence in Sangamon County, and does not reside in Clay County. The orders Governor Pritzker issued for the purpose of combating COVID-19 were issued in Sangamon County, not Clay County. In fact, the documents attached to Bailey’s complaint further illustrate why the private interests weigh in favor of transfer to Sangamon County."
A hearing on the change of venue is expected to take place on Friday at 1 p.m. in Clay County.
Bailey field the new lawsuit against Pritzker on Wednesday.
The suit says the new information is a 2001 directive from then Attorney General Jim Ryan saying a governor cannot extend an emergency order beyond 30 days without legislative action.
This is Bailey's second attempt at filing a lawsuit against Pritzker and the stay-at-home order. During his first attempt, he voluntarily vacated the temporary restraining order he received that freed him from Pritzker's orders.
When Bailey announced he would request the temporary restraining order be vacated, he said “this new information offers a more complete picture and brings to light additional problems in regard to the procedural and substantive shortcomings of the Governor’s office and the Board of Health’s safeguarding of the civil rights of the citizens of the state. This will strengthen our efforts to ensure the liberty of all Illinoisans.”
According to the second lawsuit, Bailey believes Pritzker did not have the authority to grant an Illinois Emergency under the Illinois Emergency Management Agency Act. Bailey's lawsuit also says Pritzker is attempting to wield the emergency powers for approximately 81 days.
The change of venue motion can be viewed below:
