More than a year after Evanston’s First Ward elected Cheryl Wollin to the City Council, the results are still under contention in federal court.

Judy Fiske, Wollin’s opponent in the April 5, 2005 election, started her legal battle against the alderman one year ago today. Now, she has a federal lawsuit pending that challenges the election and is also seeking civil damages from both Wollin and Northwestern. Fiske alleges that the university gave Wollin an unfair advantage in the elections. Both NU and Wollin filed motions to dismiss in January, but a federal judge has yet to reach a decision. No time frame for an end to the litigation is apparent.

Fiske’s lawyer, Richard Means, Law ’68, said he and Fiske were anxious for a decision. He has filed a motion to expedite the process but said federal judges are busy and a decision could come as soon as next week or much later.

“This involves a public office and someone is serving in the public office making important decisions,” Means said. “Therefore there is some urgency.”

The First Ward includes all NU dormitories west of Sheridan Road, except Jones Residential College and 1835 Hinman. Fiske alleges that Northwestern bribed students by throwing a party for and giving housing points to students voting in the election last year. She is asking the judge to throw out the ballots cast at the Alice Millar Chapel, on the grounds that their voter registration and voting were purchased, Means said.

If those votes are discounted, Fiske would be the election winner with 56 percent of the vote and be named alderman.

But Wollin’s lawyer, Jeff Smith, said the contention doesn’t belong in federal court, which doesn’t typically involve itself in local recount issues Wollin’s lawyer.

“If the court throws it out, I think it will end up being merciful to everyone,” Smith said.

Fiske’s original lawsuit was filed in state court, which asked the Evanston City Council to decide whether the complaint should go forward. But six aldermen excluded themselves from voting last October, saying their judgments might represent a conflict of interest, leading Means to refile the suit in federal court.

Smith said even if the federal judge decides the case should go to trial, he and Wollin feel confident that they will win. Fiske’s contention that the university’s actions violated several laws including the Voting Rights Act “have no applicability here whatsoever,” Smith said. “The grounds under which the lawsuit was brought really have no basis.”

Smith said the fact that more than a year has passed since the election will work against Fiske.

“The laws are designed so that if you have a beef with an election you’re supposed to move on it fairly rapidly,” he said. “We would like to see it over with, just so the cloud that Ms. Fiske has cast over the election can be eliminated.”

Means said NU’s current stance constitutes a reversal of its position on which court should hear the case.

“The reason we’re in federal court is because Northwestern took it out of state court saying it didn’t belong in state court,” he said.

He said if the case is thrown out of federal court, they likely would pursue it in state court again.

Fiske declined to comment on the financial impact of such a move, but Means said Fiske has been collecting money from a support fund.

The drawn-out process has been unnecessary and wasteful, Smith said.

“I really think Ms. Fiske is wasting her time on this,” Smith said. “It seems more of a political tactic than a real legal dispute.”

Reach Jenny Song at [email protected].