>> A BALLOT MEASURE INTENDED TO FIGHT HOMELESSNESS IS THROWN INTO QUESTION.

LAWYERS FOR THE CITY OF CHICAGO TODAY ARE APPEALING A COOK COUNTY JUDGE'S DECISION LAST WEEK TO STRIKE THE REFERENDUM FROM THE MARCH PRIMARY BALLOT.

THE MEASURE KNOWN AS BRING CHICAGO HOME WOULD GIVE THE CITY COUNCIL OF 40 TO HIKE TAXES ON THE SALES OF PROPERTIES WORTH A MILLION DOLLARS OR MORE.

WBTW NEWS IS HEADER.

SHARON JOINS US NOW WITH MORE.

HEATHER, BRING US UP TO DATE ON THIS COURT CHALLENGE.

WHY SHOULDN'T VOTERS GET TO DECIDE WHETHER TO VOTE ON THE PROPOSAL KNOWN AS BRING CHICAGO HOME?

WELL, THE LAWSUIT WAS BROUGHT BY CHICAGO'S BUSINESS AND REAL ESTATE COMMUNITY AND THEY DO NOT WANT VOTERS TO VOTE ON THIS.

THEY SAY IT IS INAPPROPRIATELY.

>> CRAFTED BECAUSE IT ASKED VOTERS TO WEIGH IN ON ESSENTIALLY 3 QUESTIONS SHOULD PROPERTIES THAT SELL FOR LESS THAN A MILLION DOLLARS PAY A LOWER REAL ESTATE TRANSFER TAX SHOULD PROPERTIES WORTH MORE THAN A MILLION DOLLARS PAY A HIGHER RATE AND THEN SHOULD PROPERTIES WORTH MORE THAN 1.5 MILLION DOLLARS PAY EVEN MORE.

THEY SAY STATE LAW SAYS YOU CAN ONLY ASK VOTERS ONE QUESTION AND THEN YOU HAVE TO TELL PEOPLE HOW THAT MONEY RAISED WILL BE USED.

THEY SAY THIS MEASURE HAS CRAFTED.

DOESN'T DO ANY OF THOSE THINGS.

AND APPARENTLY JUDGE KATHLEEN BURKE AGREED WITH THAT.

WELL, AND TO THAT POINT, HEATHER, DO WE KNOW WHY A JUDGE KATHLEEN BERGEN VALIDATED ABOUT QUESTION?

SO WE DON'T SHE ISSUED A WRITTEN ORDER THAT WAS RELEASED TO THE NEWS MEDIA TODAY.

THAT BASICALLY SAID I COVERED ALL OF THIS IN THE IN THE HEARING THAT TOOK PLACE FRIDAY AFTERNOON.

BUT REPORTERS IN THE COURTROOM SAY SHE DID NOT DETAIL WHY SHE WAS SIDING WITH THE REAL ESTATE AND BUSINESS COMMUNITY.

SO IT'S A LITTLE BIT UNCLEAR WHY SHE MADE THE DECISIONS THAT SHE MADE, INCLUDING PREVENTING THE CITY OF CHICAGO FROM INTERVENING IN THIS LAWSUIT, WHICH WAS BROUGHT AGAINST THE CHICAGO BOARD OF ELECTION COMMISSIONERS, THE AGENCY THAT ACTUALLY RUNS ELECTIONS IN CHICAGO.

O'KANE EARLY VOTING IS ALREADY HAPPENING RIGHT NOW.

HEATHER, WHAT DOES THIS RULING MEAN FOR VOTERS?

SO VOTERS WILL STILL SEE THIS BALLOT QUESTION.

IT'S NUMBER ONE ON THE BALLOT AND THEY CAN VOTE ON THIS QUESTION.

HOWEVER, RIGHT NOW, THOSE ANSWERS ARE THOSE RESULTS WON'T BE TALLIED AND THEY WON'T BE REPORTED UNLESS THE CITY'S APPEAL, WHICH THEY TOOK THE FIRST STEP TOWARD DOING TODAY IS SUCCESSFUL.

SO WE WON'T KNOW FOR AT LEAST A COUPLE DAYS, PERHAPS EVEN WEEKS TO KNOW WHETHER THESE WERE SPOTS WILL BE COUNTED REPORTED AND WHETHER THEY WILL COUNT PROBABLY MAKES IT A LITTLE CONFUSING FOR VOTERS