Rahm back on...

[Intense]

Something tells me that if he is elected we will see him in a prison jumpsuit in 3 years.

Only if he gets thrown under the Bus.

 

[whitehall]

What do you know? The democrat party appointed Ill. supremes rule in Rahm's favor. The argument seems to be that being a federal employee (Emanuel) technically meets the residence requirement to run for mayor of Chicago. In other words just by being Obama's chief of staff qualifies Emanuel to run for Chicago mayor because he is technically a resident of every city in the Country. Anybody buy that argument?

 

[Foxfyre]

I wish Goldcatt or one of our other legal beagles would read the opinion and chime in here. I easily could have missed something that they wouldn't miss.

 

[dilloduck]

Another prime example of why I find politics disgusting. It has clearly morphed into a group of elitests protecting their ranks from any encroachment from someone who is what I woud describe as normal.

 

[konradv]

How is this hypocrisy on Rahm's part? It's just dirty Chicago politics. He had a home, voted and paid taxes in Chicago. How can he not be a resident? The fact that he had a temporary job elsewhere, should be irrelevant. If I were to take a temporay job in Australia, for example, am I no longer a U.S. citizen? I think not.

 

[Foxfyre]

The thing is.... Rahm has pulled the same shinanigans on his oponents in the past.

Hell... look up his "dead fish" incident.

He's no angel.

No he isn't and as I said, I am not a fan. But face it, we all are subject to a basic human condition to enjoy it when somebody we hold in contempt 'gets his comeuppance' or some such as that whether we admit it or not.

I'll admit I smiled when I first heard Rahm got booted off the ballot.

But there is the practical side too that objects to application of law one way to those you dislike and a different way to those you like. And I think the appeals court probably did get it wrong this time and the initial ruling and the Supremes' stay is correct.

A pity.

He was not a resident of Chicago, he rented out his place. Where was he registered to vote? Are we a Nation of Laws??? Don't answer that. The Laws were never meant for the Elite? Silver Spooned Prima Donna.

He rented out his home on a short term lease on advice of his insurance company. He was registered to vote in Chicago and he voted in each election in Chicago. He maintained an Illinois driver's license with his Chicago address on it the entire time he was with the administration. Again if he had been sent overseas on a government assignment or had served in the military for that time or even been sent to a federal prison for that time, he would not have lost his residency.

I'm not advocating for the guy. But a people of laws has to be willing to apply them equitably to everybody, not just those we like.

I don't think the appeals court made their case that he was ineligible. I don't know for sure--I'm just going mostly with my gut here. Again I hope some of our resident legal eagles will chime in here. I also have put the question to an attorney friend that I hope will respond.

 

[Oddball]

This is just a stay, until the court decides whether or not they'll hear the case...Which I have little doubt they'll ultimately do.

In response, the Illinois Supreme Court issued a "stay" in the case, meaning the Chicago elections board can't print ballots without Emanuel's name. Per the Chicago Sun Times, it's still unclear if the court will take up the full case.

Illinois court puts Rahm Emanuel back on Chicago’s mayoral ballot - Yahoo! News

If they don't take up the case or if Dead Fish loses, then it'll be pretty easy to white out paper ballots as they're passed out and/or disqualify all votes cast for him.

 

[xotoxi]

Well I am certainly no Rahm Emmanuel fan, but last night, I read the opinion, for and against, of the appeals court and, while I am no attorney or particularly skilled in legal language, I could not see how he was ineligible.

If he had been sent by an Illinois firm overseas on government business on a 2-year project or if he had been in the military, it would not have affected his eligibility. He maintained an Illinois drivers license with his chicago address for the entire two years, he went back to Chicago to vote, and he owned and maintained a permanent residence in Chicago even though, on advice of his insurance company, he did lease it out for awhile on a temporary lease contract. He even bought additional property adjacent to his residence in Chicago during the time he was in Washington. He was on record as agreeing to an 18 month or so tour of duty in the Obama administration and then he intended to return home. He rented his Washington resident on a short term lease.

I know its splitting hairs and all that, but it just feels unreasonable that a person would lose residency status in this situation.

And apparently the Illinois Supreme Court is reading it the same way I did.

Or they are all leftist puppets willing to overlook fine points of the law in favor of a favorite son.

Could go either way.

That's what I was thinking.

Otherwise, an Iraqi War veteran who was just coming home after a long tour of duty would not be able to run for Mayor. That just seems wrong.

 

[xotoxi]

He rented out his home on a short term lease on advice of his insurance company. He was registered to vote in Chicago and he voted in each election in Chicago. He maintained an Illinois driver's license with his Chicago address on it the entire time he was with the administration. Again if he had been sent overseas on a government assignment or had served in the military for that time or even been sent to a federal prison for that time, he would not have lost his residency.

I was going to say that Federal Prison would have made him ineligible for mayorship...but then I realized that it wouldn't.

 

[Foxfyre]

Well I am certainly no Rahm Emmanuel fan, but last night, I read the opinion, for and against, of the appeals court and, while I am no attorney or particularly skilled in legal language, I could not see how he was ineligible.

If he had been sent by an Illinois firm overseas on government business on a 2-year project or if he had been in the military, it would not have affected his eligibility. He maintained an Illinois drivers license with his chicago address for the entire two years, he went back to Chicago to vote, and he owned and maintained a permanent residence in Chicago even though, on advice of his insurance company, he did lease it out for awhile on a temporary lease contract. He even bought additional property adjacent to his residence in Chicago during the time he was in Washington. He was on record as agreeing to an 18 month or so tour of duty in the Obama administration and then he intended to return home. He rented his Washington resident on a short term lease.

I know its splitting hairs and all that, but it just feels unreasonable that a person would lose residency status in this situation.

And apparently the Illinois Supreme Court is reading it the same way I did.

Or they are all leftist puppets willing to overlook fine points of the law in favor of a favorite son.

Could go either way.

That's what I was thinking.

Otherwise, an Iraqi War veteran who was just coming home after a long tour of duty would not be able to run for Mayor. That just seems wrong.

The law is explicit about exceptions. The military deployed out of the area or those on other government business do not lose their eligibility. It doesn't deal with Congressmen and Senators, but presumably such people do not lose their residency while in office. That is the specific exclusion Rahm has been using as his defense re his own eligiibility.

 

[Liability]

I am SHOCKED!

When that election law was passed that in order to run for mayor one must be an actual city resident for at least a full year -- apparently the legislators simply didn't mean what they said.

Thankfully, there are wise judges who can interpret such things for us mere mortals.

I like how expeditious they are, too:

The Illinois Supreme Court has agreed to hear the appeal of a court decision that knocked Rahm Emanuel out of the mayoral race.

Earlier, the Supreme Court ordered the Chicago Board of Election Commissioners to put Emanuel’s name back on the mayoral ballot while it considered Emanuel’s appeal of Monday’s Illinois Appellate Court ruling that tossed him out of the race to replace Mayor Daley.

The Supreme Court said it will not accept any new legal briefs or even hear oral arguments on the case. Instead, the court will rely on the briefs already filed at the appellate court level.

* * * *

-- Supreme Court will hear appeal of ruling knocking Rahm off ballot - Chicago Sun-Times

Miscarriage of justice delayed is miscarriage of justice denied!

 

[boedicca]

Here's the actual language:

Sec. 3.1-10-5. Qualifications; elective office.

(a) A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment, except as provided in subsection (c) of Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(b) A person is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony.

(c) A person is not eligible for the office of alderman of a ward unless that person has resided in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the municipality, at least one year next preceding the election or appointment, except as provided in subsection (c) of Section 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, or Section 5-2-11.

(d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a).

Illinois Compiled Statutes 65 ILCS 5 Illinois Municipal Code. Section 3.1-10-5 - Illinois Attorney Resources - Illinois Laws


Rahm was a qualified voter BUT he was not a resident for one year. Trying to compare serving in a political position in the White House with military duty is specious - and that appears to be how he is spinning this.

 

[Trajan]

I don't live there....but , from what I have read, they the citizens of Chicago would be infinitely better served by even he, than Braun or Daleys former right hand man.

just sayin....

 

[Liability]

I hereby take a bow:

http://www.usmessageboard.com/3249161-post65.html

Called that at 12:17pm today.

The Illinois Supremes made their determination ?? -- I am not sure -- but it hit the The Chicago Sun-Times at about 1:30 pm.

Supreme Court will hear appeal of ruling knocking Rahm off ballot

By ABDON M. PALLASCH Political Reporter / [email protected] Jan 25, 2011 01:27PM

-- Supreme Court will hear appeal of ruling knocking Emanuel off ballot - Chicago Sun-Times

Ok. So, it's a small bow. I mean, it's not like it was tough to predict.

And now that they've tipped their hand by attending to the thorny problem of getting Rahmbo's name on the ballot, how long before they "find" that the law doesn't mean what it plainly says?

The future Mayor of the City of Chicago is:

Rahmbo!

The Illinois Supremes have just crowned the king!

 

[Foxfyre]

Even the Appellate court was split:

In the 2-to-1 court decision, judges Thomas Hoffman and Shelvin Louise Marie Hall agreed that Emanuel does not meet the eligibility requirements to run for mayor. Emanuel’s attorneys had argued that Emanuel’s work as White House chief of staff made him eligible for a special provision in the election code that’s typically applied for U.S. servicemen and women. That provision allows those serving to maintain their residency if they are “on business of the United States.”

“That plan language limits the reach of the ‘business of the United States’ exception to ‘elector’ or their spouses; it makes no mention of ‘candidates,’” wrote Hoffman for the majority.

Judge Bertina Lampkin, the lone dissenter, ripped into the majority’s decision. Calling the decision “contrary,” Lampkin wrote in the dissenting opinion that multiple court precedents show Emanuel can be eligible to run for mayor even though he worked in Washington, D.C. for most of the last year. Lampkin also wrote Emanuel’s decision to vote from his Hermitage Avenue address while in D.C. showed the candidate did not intend to abandon his residency.

Appellate Court: Emanuel Off Ballot / Chicago News Cooperative

The full written opinion is here and having read it, I can assure you it is not entertaining reading:
http://www.state.il.us/court/Opinions/AppellateCourt/2011/1stDistrict/January/1110033.pdf

 

[jillian]

The Illinois Supreme Court has just issued a stay of the appeals court's order knocking Rahm Emanuel off the ballot and directing the Chicago Board of Election Commissioners to restore his name to the ballot.

First Read - Ill. court issues stay; Rahm back on the ballot

To hell with the rules!

rahm is as much a resident of illinois as any congressman who is in DC.

i'm not quite sure why anyone would prefer mosely braun... or is it that it's rahm, so it doesn't matter who gets the mayoralty as long as it isn't him?

 

[saveliberty]

The Illinois Supreme Court on Tuesday ordered election officials not to print any mayoral ballots without Rahm Emanuel's name while the justices consider whether to hear an appeal from the former White House chief of staff.

Illinois high court will hear Rahm Emanuel appeal - Yahoo! News

A long way from back on the ballot. I'm sure the appeals court considered the law. Personally, not maintaining a residence in the politically defined territory is a real problem. Who can you have a voter registration be current with no known address?

He rented out his entire home for an extended period of time, if I remember this right. That is most likely the address he is using, but clearly doesn't live there.

 

[saveliberty]

This will create a whole class of people who are political already and give them advantages over other persons seeking office. The courts need to define this more narrowly or all potential candidates need to do is attach their name to a property within the district. I can run for governor in multiple states at the same time by simply having a friend place my name as an occupant at their home.

 

[Liability]

The Illinois Supreme Court has just issued a stay of the appeals court's order knocking Rahm Emanuel off the ballot and directing the Chicago Board of Election Commissioners to restore his name to the ballot.

First Read - Ill. court issues stay; Rahm back on the ballot

To hell with the rules!

rahm is as much a resident of illinois as any congressman who is in DC.

i'm not quite sure why anyone would prefer mosely braun... or is it that it's rahm, so it doesn't matter who gets the mayoralty as long as it isn't him?

Not quite a solid analogy. For -- very often -- when a Congressperson moves to D.C., he (or she) leaves his spouse and children behind to "live" at "home."

Rahmbo?

No.

Not so much.

* * * *

So while plenty of political people go to work in Washington, D.C., or business people go spend weeks in New York or other places, they have to come home pretty regularly to qualify under that standard, the experts say.

"When he was a congressman, his wife and family lived here, and he would fly home on the weekends," Nally said. "He had a place to sit on the sofa, to keep a toothbrush."

But when Emanuel agreed to become chief of staff, the family moved out to D.C. and the home was rented out to another family that now refuses to break the lease and clear the way for Emanuel to move back in. Emanuel could come back to Chicago to vote, but he could not stop at the house he owns on his way to the polling place, and that does not meet the residency test to run for mayor, Nally said.

* * * *

-- Rahm Emanuel: Experts say not a legal resident of Chicago, cannot run for mayor - Lynn Sweet

Not to worry. This is Chicago we're talkin' about. Words have no fixed meaning.

 

[Mr.Fitnah]

This voting nonsense is to much of a burden on the stupid people of the USA.