Lawyering, Media, Politics, Society

Court: Rahm Emanuel Not Eligible to Run for Mayor

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.

157 thoughts on “Court: Rahm Emanuel Not Eligible to Run for Mayor”

  2. Henman it didn’t hit me til now but let me introduce you to a graduate from Sandalwood High School,Jacksonville Florida

    I have personally known and have had an early association in Mr. Manns life.

    Jacksonville’s Henry Manns held without bail after pleading not guilty to drug charge The ’80s drug kingpin, now 47, was arrested Monday in a drug sting in Lake City while on supervised release from federal prison; now faces up to life.

    Dats da real Henman. I kept sayin where have I heard Henman then it hit me, Henry Manns. The crack war in the 80’s in Jacksonville Florida, Florida’s murder capital was just that a war. The mounted police use to surround 2-3 city blocks at a time and everybody ran. That left vehicle traffic stuck on city streets. First question of the mostly white occupants in expensive cars.

    What brings you into the neighborhood this evening?

    Then it was on. A white kid from a well to do family had no business bein in an all black neighborhood with people bomb rushing the car in the middle of the street at ALL hours of the night to get the next sale.
    Wow. It’s not like that anymore but everyday all you heard about is the number of people kid today.

    http://jacksonville.com/news/crime/2010-12-10/story
    /jacksonvilles-henry-manns-held-without-bail-after-pleading-not-guilty

    Thanks for the flashback Henman 🙂

  5. Bdaman-

    How did Nancy Pelosi get to Hawaii? Have you forgotten-she rides on her broomstick with the hellhounds on her trail. Has your subscription to Human Events lapsed?

  6. I have now read the opinion and I think Isabel Darcy is correct. I also believe it was a serious mistake for Mr. Emanuel to lease his home to tenants.

    Good to see you back, Vince. I enjoyed the latest installment of “Treacy on Citizenship.”

  7. re Birth Certificates

    In 1967 I needed a passport so my father got a copy of my birth certificate. It was a photocopy of the original with all kinds of information like how much I weighed, the time I was born, name of the hospital where I was born, my parents’ home address, etc.

    In 2005 I had to get another birth cert. This one was not a photocopy of the original but a computer generated Certificate of Live Birth with only the date of my birth, city and state of my birth my father’s name [mispelled], my mother’s name and my name. Nothing else.

    I am sure that Obama was born in Hawaii, but think there may be something on his original birth certificate that he may not want disclosed. Just a guess.

  8. I read the decision and agree with it. It’s clear from legislative history of the municipal code that there are two standards of domicile/residency, one for the purpose of being an “elector” (voting) and another for the purpose of being a candidate for office. Rahm clearly satisfied the requirement for voting in Illinois elections. However the municipal code says that a candidate not only has to qualify to be a voter but must also reside in the municipality for a year prior to the election. Why add the actual “residence” requirement for candidacy if domicile (intent) is sufficient? Read the opinion.

    So, now the ballots cannot contain Rahm’s name and he will have to be a write in candidate. If he is elected and the Sup. Ct. upholds the appellate court’s opinion, the whole election will be thrown out.

    The appellate court also refused to issue an order entitling Rahm to an expedited appeal to the Il. Sup. Ct.

    And now for the really snarky part: I am pretty sure that if Rahm had NOT rented out his Chicago house, he would have satisfied the residency requirement. He just would have had to make a few token appearances there.

  9. rafflaw 1, January 24, 2011 at 11:13 pm

    Buenos Noches, Bdaman.

    Buenos Diaz me companiero

  10. My bad maybe she was hiding.

    Pelosi’s very private Hawaii vacation

    While President Barack Obama enjoys a high profile vacation on Oahu, “progressive” House Speaker Nancy Pelosi (D-CA) is being allowed to stay out of the limelight while luxuriating at the Four Seasons Hualalai resort on the Big Island.

    It is not clear how Pelosi arrived on the Big Isle. Her controversial military transport is not immediately visible amidst the forest of private jets which now crowd Kona’s Keahole Airport South Tarmac. Hawaii County is hard hit by shrinking tax receipts caused by the Obama recession, but Hawaii County Police department spokesperson Chris Loos states that the department was able to aid Pelosi’s security detail without canceling other scheduled enforcement activities. Loos did not provide an estimate of the expense incurred by the County PD.

    http://www.hawaiifreepress.com/main/ArticlesMain/tabid/56/articleType/ArticleView/articleId/1496/Pelosi-enjoys-privacy-at-Hualalai-after-Palin-is-hounded-off-Maui.aspx

  11. Alito is probably in Hawaii so he can hide from the Washington Press

    Nancy Pelosi sure wasn’t hiding when she went. Look at her and Ambercrombie,they are all smiles. When did she go? When did Ambercrombie make the announcement he would find the BC. They say timing is everything. Lets not forget who’s signature is on the DNC nomination paperwork.

    http://www.hawaiireporter***** DOT *****com/pelosi-obama-hawaiian-vacations-come-to-an-end-but-taxpayers-left-with-the-bill

    Pelosi has her share of allies in Hawaii, including Hawaii Gov. Neil Abercrombie, who she defended during his successful campaign for governor in 2010. Pelosi, a Democrat who will be replaced as House Speaker by GOP Congressman John Boehner in a matter of days, served in Congress with Abercrombie. When Democratic Gubernatorial Candidate Mufi Hannemann claimed during the primary that Abercrombie was not effective in Congress, Pelosi issued a statement calling Abercrombie “outstanding, effective and courageous.”

  12. Gary,
    I don’t recall anyone being upset that Rahm has had this setback. It will be interesting to see how this plays out. Rahm has already filed for a stay with the Illinios Supreme Court and has asked for an emergency hearing since ballots are going to the printer tomorrow and early voting starts next week. I believe that he will succeed in the Supreme Court, but we will soon know.
    Blouise,
    Is that why Joan of Arc was burned?? I never knew that!

  13. For all of you weeping over Emanuel getting bounced from the ballot by the Illinois appellate court, just remember Barack Obama won his first race in the Illinois Senate by employing a team of lawyers to use every conceivable legal maneuver to get all of his opponents in the Democratic Party bounced from the ballot, including the incumbent state senator, so he could win election unopposed. It’s the Chicago Way. Take your lumps, Rahm.

  15. Buddha Is Laughing
    1, January 24, 2011 at 11:06 pm

    ……

    I’ve said it before and I’ll say it again: being a birther is the political equivalent of having a superfluous nipple. It’s non-functional, annoying and kinda funny. But it’s not based in reality.

    ========================================================

    It could also get one burned at the stake as a witch!

  18. Bdaman ,
    Alito is probably in Hawaii so he can hide from the Washington Press and have an excuse not to sit at the SOTU speech. The country would be better off if he stayed in Hawaii and gave up his seat on the Supreme Court and let someone who actually cares about the law take his place.

  19. “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.”

    That’s pretty wacky even for you.

    If he wanted out?

    He can simply leave at the end of his term.

    I’ve said it before and I’ll say it again: being a birther is the political equivalent of having a superfluous nipple. It’s non-functional, annoying and kinda funny. But it’s not based in reality.

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