Just when he probably thought that it could not get much worse than losing to the Packers in a home game, Rahm Emanuel has lost his fight to get on the ballot. The court just ruled that he is ineligible.
He had won below and the Illinois Appellate Court ruled 2-1 to overturn a Chicago Board of Elections decision. In questioning, the judges had expressed skepticism. Justice Thomas Hoffman asked “Can a person dwell conceptually, or do they have to have a place to put their body Can you have a permanent place of abode where there is no dwelling?”
Apparently not according to the majority. You can expect a rapid appeal to the Illinois Supreme Court.
The Court reached the decision despite the following factual findings:
At all relevant times, including the time he was in
Washington, D.C., the candidate continued to pay property taxes for
the Hermitage house, continued to hold an Illinois driver’s license
listing the Hermitage house as his address, continued to list the
Hermitage house address on his personal checks, and continued to
vote with the Hermitage house as his registered voting address. He
did, however, pay income tax in 2009 and 2010 to both Washington,
D.C., and Illinois.
The dissenting judge however add a few facts to support the view of residency:
The candidate initially rented an apartment in Washington,
D.C., but later rented a home when his family joined him during the
summer of 2009. The lease terms of both his Chicago residence and
the Washington, D.C., home coincided with the school year of the
candidate’s children in order to provide the least disruption
possible to their education. Prior to the family’s move to
Washington, D.C., the candidate’s wife and her friends filled 100
boxes with belongings that were then left in a locked storage area
in the basement of the Chicago home. The candidate described the
stored items as the family’s most valuable possessions, including
his wife’s wedding gown, heirloom china, family photograph albums,
an heirloom coat brought by the candidate’s grandfather when he
immigrated to the United States, the clothes and birth outfits of
the candidate’s children, and their school projects and report
cards.
The majority found that candidates were given an added criteria to satisfy on residency:
We base this conclusion largely on the plain language of the
Election Code. That plain language limits the reach of the
“business of the United States” exception to “elector[s]” or their
spouses; it makes no mention of “candidates.” Further, as we have
noted, we must interpret statutes “as a whole, with each provision
construed in connection with every other section.” Cinkus, 228
Ill. 2d at 216-17. Section 3-2’s “business of the United States”
exception is housed not only in the Election Code, but in a portion
of the Election Code dealing exclusively with voter qualification,
in fact in an Article titled “Qualification of Voters.” See 10
ILCS 5/3-1 through 3-5 (West 2008). As explained above, the
Municipal Code sets forth two qualifications for candidates: they
must meet the Election Code’s standards for a “qualified voter,”
and they must have “resided in” the municipality for one year
preceding the election. The location of section 3-2’s “business of
the United States” exception–in the Election Code, and in an
article of the Election Code dedicated exclusively to voter
qualification–supports the conclusion that the exception applies
only to the Election Code’s “qualified voter” standard, and not to
any supplemental candidate qualifications located outside the
Election Code.
Here is the opinion: Emanuel decision
On Dec. 23, 2010, the Chicago Board of Elections voted 3-0 to uphold the decision of Joseph Morris, a local Chicago attorney and elections official. Usually a lower court’s factual findings are given great deference but this was a mixed question of law and fact — if not a pure question of law. The court simply disagreed on what is required to establish residency.
A poll this week showed Emanuel way out in front. The problem is the early voting starts in a week and the clerk is going ahead without Emanuel’s name.
I agree with Slartibartfast – why should the President produce something that he’s already provided?
I truly believe if Jesus Christ himself held up Obama’s original birth certificate, the birfers would still claim it was a forgery. This, of course, after they claim that the long-haired, hippy looking guy holding the birth certificate really isn’t Jesus Christ, but some kind of pinko commie liberal.
Henman,
I’m willing to bet Sarah’s been outdoorsy since about 10 seconds after she realized that “fooling some of the people all the time” is all you need to get attention, and money.
Gyges-
Obama is a furrier,too. But only as a hobby. OH, NO!! That was Sarah Palin I was thinking of. Sarah shoots ’em, skins ’em, and makes herself a nice polar bear skin coat with enough left over to make slippers for the kiddies.
I thought that federal congressional representatives can live in D.C. without giving up residency in the district and I’d think the laws would be similar. Too bad he didn’t lease a closet.
Bdaman,
I’ll keep the nagging to a minimum as long as you’re working on it – everyone I know hasn’t had a problem with coverage – good luck.
Anything you say that states or implies in any way that the president or Hawai’ian officials have done or said anything untoward in regards to eligibility would qualify as ‘birther nonsense’ but it’s like obscenity – we know it when we see it.
You ask ‘why wont he release it?’ – I want to know ‘why should he?’
Questions were raised about the president’s eligibility for office. In reply to those questions, he took a document which has been confirmed by (sworn, I believe) testimony of a Hawai’ian Department of Health Official (Dr. Fukino) to be President Obama’s birth certificate – a document which would be accepted as proof of natural born citizenship in any court in the land, by the way – and posted an image of the document on his website and allowed any media organization who wished to examine the document in person and post their own images. The response to this was that within 24 hours there were people claiming to have ‘evidence’ that these images were forged and making false accusations regarding the circumstances of his birth based on their faked ‘evidence’ of fraud. They told these lies about his mother in an effort to further a coup against the lawfully elected government of the United States and illegally oust him from power. In addition they spewed (and continue to spew) some of the most vile, bigoted, hate-filled seditious speech you could imagine all the while talking about what patriots they are. Why should he release anything to these assholes? Why shouldn’t he have them rounded up for their seditious speech? Why would he expect anything different if more records were released? And why are you putting yourself in the company of racists? As an example of what I allege I give you:
http://lamecherry.blogspot.com/
WARNING! BATSHIT INSANE RACIST BIRTHER! (one or more of these terms may be redundant, but are necessary for emphasis) This link should not be followed by anyone!
Why should he?
Bda and Slarti,
Chuckling at the sleep test “reminder” … Bda, the man does follow through with his threats.
I read over the decision. I think the dissent got it right. Rahm was qualified as a resident of Illinois for voting purposes, voted there, and always intended to return to his house, which was leased for a short term for safety purposes, and continued to store personal family items. He should also be considered a resident as a candidate.
I think this intermediate appellate court decision should be appealed to the State Supreme Court for an authoritative decision for the benefit of the voters in Chicago.
http://www.state.il.us/court/opinions/AppellateCourt/2011/1stDistrict/January/1110033.pdf
Rafflaw age is mind over matter,
if you don’t mind then it don’t matter
Probably 40 years ago for me!
After looking at a close up of your pick, your right, it was the wrong smiley face. Maybe 20 years ago for you and a different lifestyle for me 😉
Theres nothing wrong with my comment Turley!
Bdaman,
I think I put in the wrong smiley face! S/B 🙂
Bdaman,
If you are still talking about the factually unsound and incorrect Birther theories in 2012, then you have too much time on your hands! 😉
Buddha,
I am not sure the surgery job would be good for Rahm. He wouldn’t use any anesthetic!
Henman,
I kept reading furriner as furrier. The sentence was much more entertaining that way.
How the Rahm thread got to a birther discussion is beyond me
Slarti started it and just when you thought it went away the Governor of Hawaii said he would find the certificate so blame those two. In re to not having to do anything else. He will if he plans on running in 2012. By then the ink should be dry 🙂
The only thing I’d elect Rahm for is surgery.
Preferably a personality transplant.
I thought that it was the intent….Dang and Howard Hughes had three primary residences….California….Texas and Nevada….dang….
How the Rahm thread got to a birther discussion is beyond me, but bdaman, the President doesn’t have to do anything else on the birth certificate front. He presented the same document that you and I are able to get. If I ask the Illinois authorities for my birth certificate, all I get is a certified copy of the original. That is what Hawaii provided as well.
If you want to do some investigative reporting, get former President Bush’s military records.
Before I forget, an Amen to HenMan and Slartibartfast’s comments.
This birther stuff is right up there with who is going to be sittingg next to who at the state of the union.
And if you find yourself getting aggravated with it all think about how you felt raising your kids and how you felt when they did something stupid,maybe now you know why you feel like you do with these polticians.They are like a bunch of kids.