Waltman declared winner by judge

James Waltman has been declared the winner in the June 8 alderman-at-large election that incumbent Leroy Clemons challenged.

Waltman was certified the winner by the Election Commission by one vote, 670-669, in June and Clemons, the incumbent, challenged the results.

Clemons claimed there were widespread irregularities in the election and a lack of security with the ballot boxes. Clemons also questioned the process of how affidavit ballots were considered and disqualified.

The case was originally set to be held in October 2021 but had to be postponed because one of the witnesses tested positive for COVID-19.

The matter had been scheduled for Jan. 31 in Circuit Court. However, Judge Larry Roberts reset the trial for June 20 and heard pre-trial motions on Friday, May 6, and granted Waltman’s motion for summary judgment then.

The case was set as a jury trial. Attorneys for Waltman, a Republican, had said in January they planned to file a separate motion for summary judgment.

Judge Roberts’ hearing was at 2 p.m. Friday in Philadelphia.

Clemons would have had to show there is no dispute about any material facts and that judgment will be made as a matter of law.

Roberts listened to attorneys from both sides for 3.5 hours on Friday before ruling in favor of Waltman. 

The state Supreme Court appointed Judge Roberts, a retired appellate court judge, to hear the case originally set to have been heard last fall but was delayed twice because of COVID 19.

“At the end of the hearing, Judge Roberts announced he was granting our motion for summary judgement,” said attorney Ronnie Walton, who represented Waltman. 

“He cited the opinion from the bench that he found there wasn’t any factual evidence that would change the result of the election. He will be issuing a written opinion before we should not say anymore about it.”

Clemons claimed there were widespread irregularities in the election and a lack of security with the ballot boxes. Clemons also questioned the process of how affidavit ballots were considered and disqualified. A trial was set June 20.

During a pre-trial hearing Friday, Waltman’s attorneys sought a summary judgment and Judge Larry Roberts ruled in his favor.

 “They submitted a request for summary judgment  and the judge ruled in their favor,” Clemons said. “He basically said what happened wasn’t egregious enough to change the outcome.”