A Cook County Judge on Friday cleared the way for a lawsuit alleging voter fraud in the 49th Ward aldermanic election to proceed.

The lawsuit, filed by challenger Donald Gordon, seeks to overturn the results of a May runoff won by incumbent Ald. Joe Moore. 

Judge Marsha D. Hayes, while allowing the fraud complaint to go forward, ruled against Gordon's claim that city election procedures are unconstitutional.

“I think the first count (the election results) was the main point of the complaint,” said James Nally, an attorney for Gordon.

Mike Piers, who represents Moore, said he was disappointed with the decision, despite the dismissal of the constitutional claim.

During the hour-long hearing, Piers argued that Gordon's vote-fraud charges were not detailed enough to merit a trial.

“We can't tell from this complaint that anyone fraudulently voted,” Piers said.

Gordon's lawyers argued they didn't need to prove voter fraud in the complaint, only that there might have been fraud.

Gordon had also alleged that a requirement that election challenges be filed within five days of the vote was unconstitutional.

The five-day period barred him from adequately investigating voting problems before filing his complaint, he said.

Moore's attorneys noted that, despite the limit, Gordon was able to amend his complaint before having to defend it in court.

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