The ballots were cast more then two months ago, but there is still some question to who won the 49th Ward aldermanic election.

Don Gordon, the apparent loser of an April run-off, is challenging results in several precincts in court.

The lawsuit names incumbent Ald. Joe Moore and the Chicago Board of Elections as defendants. It alleges voter fraud and challenges the constitutionality of the city’s election process. A preliminary hearing is set for Friday.

“Every candidates has the right to file or challenge the election,” Gordon said.

Gordon’s lawsuit said ineligible voters were allowed to cast ballots and voting machines were tampered with. Gordon lost the election by a margin of 251 votes out of nearly 8,000 cast.

Jim Allen, the communication director for the Board of Elections, said complaints like those raised in Gordon’s lawsuit aren’t unusual.

“We obviously received calls from all the wards (with runoff elections),” Allen said.

Moore and the Chicago Board of Elections have filed a motion to dismiss the complaint.

Matt Piers, an attorney representing Moore, said he expects a judge will grant that motion at Friday’s hearing.

“I think this is sour grapes,” he said of Gordon’s complaints.

Gordon’s lawsuit also challenges the constitutionality of voting statutes that give aldermanic candidates just five days after an election to challenge the results. Candidates for other offices have a much longer window in which to file challenges.

Gordon said the deadline prevented him from thoroughly investigating problems with the election before filing a complaint.

Piers said the five-day limitation is a legitimate restriction because any delay in the election of an alderman can jeopardize the City Council’s ability to function.

Gordon characterized that reasoning as a “lame excuse.”

His lawsuit asks the court to overturn the five-day statute, review election records that may contain evidence of fraud, and discard all votes from precincts that have voting irregularities.

That would give Gordon a 547-vote margin of victory.

However, the Board of Elections is expected to argue that even if Gordon prevails, state law does not allow discarding all votes from those precincts.

Instead, said board attorney James Scanlon, officials would determine what percentage of the votes are fraudulent and discard ballots based on that number.

Editor's note: This article has been updated with corrected information. Gordon filed his complaint within five days of the election. An earlier version was mistaken on that point.