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.
Just linked to a story don’t get your panties in a wad.
We have several people coming forward now claiming no certificate. I think Obama wants out of the Whitehouse. He traded prosecution of Bush on torture for his own up coming pardon.
Tim Adams is known to have lied about the information he had access to and is known to associate with white supremacists.
Until you produce evidence of perjury, I’ll consider his statements to be correct…
Rush demands . . . like he demanded his housekeeper get him some Oxy?
Seriously, bdaman. You should lay off the Rush. That stuff is bad for you.
Laurence O’Donnell who is taking over the Olberman Spot went ballistic over the fact that the Tea Party Caucus has just had a secret meeting with Justice Scalia. And Thomas wife just disclosed she worked for the Heritage foundation for 12 years. How much you want to be that the liberal judges will be the only ones at the State of the Union. Oh and conveniently Alito is where, in Hawaii.
What will he be doing there. Hummmmm
Bdaman,
Rush demands what? Who the hell is Rush Limbaugh to demand any document from anyone. I want to see his prescription for viagara that he had in someone else’s name. I demand it!
Bdaman,
Tim Adams is known to have lied about the information he had access to and is known to associate with white supremacists. Why do you keep palling around with racists? The World Net Daily and Daily Mail articles are both pieces of journalistic trash that have been throughly debunked (which you should know since you seem to have been lurking around over at Doc C’s).
Limbaugh Demands Obama Release Birth Certificate
Rush Limbaugh on Friday questioned why new Hawaii Gov. Neil Abercrombie has not gotten support from the White House in his efforts to resolve the doubts of so-called “birthers” about Barack Obama’s place of birth.
Limbaugh also says he finds it “stunning” that Abercrombie still can’t prove Obama was born in Hawaii as he maintains.
Read more: http://nation.foxnews.com/obama-birth-certificate/2011/01/23/limbaugh-demands-obama-release-birth-certificate#ixzz1C11zD26C
During an interview on the KQRS morning radio show on January 20, Mike Evans, a long-time friend of Hawaii governor Neil Abercrombie, shared a conversation he had with the governor the day prior. The reader is advised to judge for himself the credibility of Evans’ account, but he sounds convincing.
Evans, Honolulu born and now a Hollywood-based celebrity journalist, claimed that Abercrombie had promised him that he when he became governor, he planned to find absolute proof that Obama was born in Hawaii.
When Evans spoke to Abercrombie on January 19, Abercrombie reportedly told him that he searched the relevant Hawaii hospitals using his powers as governor, and concluded, according to Evans, “There is no Barack Obama birth certificate in Hawaii, absolutely no proof at all that Obama was born in Hawaii.” After Abercrombie made such a fuss about finding the birth certificate, Evans concluded of his friend that he has “got some egg in the face.”
http://www.americanthinker.com/blog/2011/01/friend_says_abercrombie_to_him.html
And in the same interview Abercrombie suggested that a long-form, hospital-generated birth certificate for Barack Obama may not exist within the vital records maintained by the Hawaii Department of Health.
Where’s Fukino she saw it. Oh that’s right she is no longer employed by the state. Maybe she’s on a slow boat to China.
Neil Ambercrombie told Honolulu’s Star-Advertiser: ‘It actually exists in the archives, written down,’ he said.
But it became apparent that what had been discovered was an unspecified listing or notation of Obama’s birth that someone had made in the state archives and not a birth certificate.
And in the same interview Abercrombie suggested that a long-form, hospital-generated birth certificate for Barack Obama may not exist within the vital records maintained by the Hawaii Department of Health.
Read more: http://www.dailymail.co.uk/news/article-1348916/Hawaii-governor-says-Obamas-birth-record-exists-produce-it.html#ixzz1C0zkcWn2
Mike Evans that knows Neil Abercrombie Governor of Hawaii personally, gave an interesting story about the birth certificate situation. Says no long form exists.
Hawaii official now swears: No Obama birth certificate
Signs affidavit declaring long-form, hospital-generated document absent.
Tim Adams has signed an affidavit swearing he was told by his supervisors in Hawaii that no long-form, hospital-generated birth certificate existed for Barack Obama Jr. in Hawaii and that neither Queens Medical Center nor Kapi’olani Medical Center in Honolulu had any record of Obama having been born in their medical facilities.
Read more: Hawaii official now swears: No Obama birth certificate http://www.wnd.com/?pageId=254401#ixzz1C0xyIcmP
Vince, “nice to see you again”, seconded, fanned, ditto, etc. I’ve missed your postings and this thread is a perfect example of why; you are a great one for research and pulling together an argument. As always, I like your Gavatar too. 🙂
Tootie,
I never thought you were a birther but thanks for clarifying what you meant.
HenMan
“Tootie-
I agree with Tootie!! Hooray! Hooray! Oh Happy Day!”
*****
LOL
Slart:
Hee hee.
🙂
Slart
Perhaps I should explain. I’m talking more about natural rights and you are talking about the law per se. Which, I’m sure you know more about that I do.
I’m talking about the unalienable right to that which government cannot give or take: my flesh and blood child. What the government has decided about that “legally”, I do not know for sure except what you suggest (which appears correct to me).
I’m not a birther and have never questioned the status of the prez.
I could only wish. lol
Tootie,
I believe (and since Vince is here, I’m sure that I will be corrected if I’m wrong) that in order for a woman to transmit citizenship to a (legitimate) child born overseas, she needed to have spent 5 years in the US after her 14th birthday (according to the law in place in 1961). Dr. Dunham would not have met this requirement (she was 18 when the president was born). I’m not trying to nitpick here – I know from experience that birthers will jump on statements like yours in order to pretend that they are correct because you misunderstand some abstruse nuance. And it’s up to the courts to determine if a reptile can run for office… 😉
Slart:
If you (YOU PERSONALLY) have a child while you are out of this country, your child is an American.
They might also be a citizen of another country depending on their laws, but the child is still an American (because YOU personally are a citizen).