Patterico's Pontifications

1/24/2011

Breaking: Rahm Emanuel is Off the Mayoral Ballot (Update: the Decision and Some Analysis; and Now Video!)

Filed under: General — Aaron Worthing @ 10:28 am

[Guest post by Aaron Worthing; if you have tips, please send them here.]

Update: You can read the decision here.  H/t Volokh.

Wow, I am honestly impressed and surprised that any state court is willing to enforce election law:

The Illinois Appellate Court has tossed mayoral frontrunner Rahm Emanuel off the ballot, reversing the decision of a lower court.

The Appellate Court reached a 2-1 decision to remove Emanuel.

Appellate judges Thomas Hoffman and Shelvin Louise Marie Hall ruled against Emanuel. Justice Bertina Lampkin voted in favor of keeping President Obama’s former chief of staff on the Feb. 22 ballot.

Read the whole thing.  I will let you know when and if I get access to the decision.  Further the story indicates that the state supreme court can step in.  But, bluntly, unless they stay the proceedings immediately, I think this could significantly hobble his election campaign, so that even this ruling is reversed, he still might be so damaged by it, he loses the election.

Update: Having read the decision, here’s a few thoughts on it.

There are basically two issues before the court.  The first is the meaning of “residency” for the purpose of being a candidate.  As I have noted before, in the law there is a concept called domicile.  Basically, the concept isn’t just where you lay your head down at night, but where intend to you lay your head down permanently.  And intent controls, allowing a person to claim to have a domicile in a place for years without actually being present in that jurisdiction, as long as you intend to come back and live there permanently.  And very often the term “residence” and “domicile” are read identically.

But right off the bat, the court credibility points out that the state supreme court does not, citing Pope v. Board of Election Commissioners, a 1938 decision, where the court said “it is elemental that domicile and residence are not synonymous.”

But there is only one problem with that: when it comes to the qualifications of electors (voters), the terms are treated as exactly synonymous.

But, the court says, it is is different when we are talking about candidates for office and one of the things the court looks to is the purpose of the statue, saying, the purpose of this statute is obviously to make it so that mayoral candidates actually have contact with the people they propose to serve.  I don’t deny that this is an ideal we should pursue, but I am reluctant to warp the language of the statute for it.

Now, there is also language of being on the “business of the United States.”  The statute says at one point

No elector or spouse shall be deemed to have lost his or her residence in any precinct or election district in this State by reason of his or her absence on business of the United States, or of this State.

The court interprets this again to apply only to electors, not to candidates for office.  I find that part reasonably enough—they could have easily broadened the language to apply to candidates for office—but I am still dubious of the initial claim that residency is defined differently for electors (voters) and candidates.  I think if the law made a clear distinction in the language, it would be easier to defend.

Update (III): Video!

Court Rules Rahm Emanuel Should Not Be on Chicago Mayoral Ballot: MyFoxCHICAGO.com

Also, contrary to Rahm’s implication, they took as a given that he was off on the nation’s business. The court merely said that this exception does not apply to residency requirement for candidates. Which I agree with.

I will add that any liberal complaining that this is a political decision but being hunky-dory with Roe v. Wade is a complete hypocrite. If judicial activists can set policy without sanction of law, by what principle is it wrong for them to pick our leaders, too?

[Posted and authored by Aaron Worthing.]

74 Responses to “Breaking: Rahm Emanuel is Off the Mayoral Ballot (Update: the Decision and Some Analysis; and Now Video!)”

  1. “RAhm is out” sorry, couldn’t resist.

    narciso (6075d0)

  2. This is quite surprising especially in Illinois, to see simple election statutes actually enforced.

    SPQR (26be8b)

  3. Alderman Ed Burke’s wife, Anne, is a justice on the IL Supreme Court. Wonder what that might portend?

    kimsch (0c8d1a)

  4. Rahmbo – out
    Chico – in

    I think having the person actually living in his home that he claimed as his IL residence coulda sorta had an impact on the trial. Most comical argument – “I have a few boxes of stuff there,” to which the renter replied “I didn’t see any.” LOL

    carlitos (a3d259)

  5. OK. What’s the trick?

    No, WHAT, not WHO.

    Larry Sheldon (7d77d0)

  6. LOL, Carlitos.

    Makes you wonder. It was half baked to begin with that he’d even try to run, but I can’t blame him from trying to escape the most dysfunctional White House in American history.

    Dustin (b54cdc)

  7. “I think having the person actually living in his home that he claimed as his IL residence coulda sorta had an impact on the trial.”

    carlitos – Amending his income tax returns in December or November to claim Illinois residency was sort of a giveaway as well.

    daleyrocks (e7bc4f)

  8. What’s hilarious is that this whole situation came about because he was too cheap to leave his Chicago home empty while he was in the White House.

    SPQR (26be8b)

  9. Looked these judges up… Ms. Hall has bounced around liberaldom for some time, working for late Rep. Mickey Leland (D-Texas) for a while before going into Illinois government lawyering in the early 1980s. Mr. Hoffman worked for the original Dick Daley as an assistant corporation counsel in the first half of the 70s, then became a judge in the mid 1980s. The question is begged: Who pulled the doublecross on Rahmbo?

    bob (either orr) (6713b4)

  10. I don’t see what the problem is: All he has to do is run a “write in” campaign. 8)

    Lisa Murkowski (fb8750)

  11. Actually, this is bad news. Instead of just hurting Chicago — like anybody other than nk would care! — he might go back to working for President Obama, and hurt all of us.

    Perhaps the President could appoint him to be our ambassador to Israel.

    The snarky Dana (3e4784)

  12. Can’t he appeal to the Illinois Supreme Court? My bet is he’ll be on the ballot.

    kansas (7b4374)

  13. “Can’t he appeal to the Illinois Supreme Court?”

    kansas – He can appeal. I like the doubt it throws into his candidacy. I heard him dodge a question on the radio about the time he spent on Freddie Mac’s board after leaving the Clinton Administration. He is a complete slimebucket, which is why Obama likes him.

    daleyrocks (e7bc4f)

  14. Get your tomatos ready:

    This hurts Mitt badly if this happens to Rahm.

    Mitt miraculously reappeared in Mass after claiming another tax home for several years (coincidentally his highest earning years) to avoid paying extra state income taxes. Oh to run for governor – he offered to pay the difference but was he a resident of Utah or a Resident of Mass.

    Rahm had a reason to leave he was serving his country and even if we totally 100% disagree with him, he left for a greater public service – just like the military.

    I know, I know – but if he’s bad for chicago – that’s really up to chicago and sometimes it takes bad things to happen before people finally do good things like not elect democrats

    EricPWJohnson (44505c)

  15. I buy that Mitt is similarly guilty, Eric, but I suspect most voters won’t weigh this heavily. It’s not like he’s running for a state office anymore, so this comes across as old news.

    It is quite annoying when people run for office they aren’t really eligible for, under this kind of pretense. I even agree with you that Rahm left Chicago for public service, though he’s the one who said he wasn’t a Chicago resident. Most soldiers do not change their residency.

    Dustin (b54cdc)

  16. I can’t see how this affects Mitt Romney at all. This is an Illinois court ruling on access to a Chicago Illinois ballot. Romney’s residence issues in Massachusetts under Massachusetts law are old news if they were ever news. It has nothing to do with his fitness for office at all – and I say that as someone is not a Romney fan.

    SPQR (26be8b)

  17. Eric

    well, get ready for a big update discussing the decision, including the service to country exception.

    Aaron Worthing (73a7ea)

  18. Carol Moosey-Brain, C’MON DOWN!!

    Bigfoot (8096f2)

  19. When I moved back to Illinois in DECEMBER several years ago, after living out of the country all year, they were kind enough to bill me 4% income tax for the whole year, along with penalties for not filing quarterly payments or witholding.

    So on the bright side, since Rahmbo claimed to move back here late last year, he might a hefty tax bill for his efforts.

    carlitos (a3d259)

  20. I cannot tell you how much it’s killing me to not comment.

    Karl (f07e38)

  21. I don’t care for Rahm, but the fact is that the majority of IL voters want to vote for the man, but yet again two of Madigan’s stooges doe the dirty work for him. Yah, yah, it’s THE LAW – but what an idiotic and inane law it is, and if this stands it means the courts are going to deny the IL voters the opportunity to vote for the candidate they prefer. Another reason why this is bad for IL in the long run is the reality that Rahmbo’s the only candidate who’s expressed a willingness to stand up to the public unions that have pushed Chicago and IL into bankruptcy. He may indeed be a slimebucket and arsehole in extreme, but he’s just the kind of slimebucket and arsehole who’s going to be able to smack down the SEIU and other unions here. One more thing – any person who Madigan hates is already one up in my view against one he likes.

    Dmac (498ece)

  22. dance ballerina
    dance appellate court tell Rahm
    do the “Shy Tuna”!

    ColonelHaiku (f8a47b)

  23. karl

    then comment, dude.

    Aaron Worthing (73a7ea)

  24. BTW, here in IL we’ve had decades of politicians regularly flouting the law and in some cases outright ignoring it, but all of a sudden this time a court decides to put it’s foot down? Yeah, riiiight.

    Dmac (498ece)

  25. Please understand that a Mayor Rahm will be a thousand times better for the city, state, and region than either a Mayor Chico or a Mayor Carol Mostly Wrong. Not one Republican even bothered to run.

    Every poll shows voters across the board want him and the contributions show business wants him. You can make fun of our football team, our impeached and jailed former governors and our presidential candidates. Fair enough. But Chicago is an international city which anchors a mostly vibrant metro area with millions of inhabitants. Chicago needs and deserves competent leadership that none of the other candidates besides Rahm (despite his flaws) are remotely equipped to provide.

    elissa (174cc5)

  26. “Another reason why this is bad for IL in the long run is the reality that Rahmbo’s the only candidate who’s expressed a willingness to stand up to the public unions that have pushed Chicago and IL into bankruptcy”

    Dmac – Talk is cheap, although I agree it is a plus that Madigan hates him.

    daleyrocks (e7bc4f)

  27. This will worry white voters who feel that the Daleys have protected them against the fate of Detroit for a long time. My sister lives there and will be very upset.

    Mike K (8f3f19)

  28. The thought of Carol Moseley-Braun–a legendarily dim and corrupt politician–being Mayor of Chicago is enough for me to hope the Illinois Supremes reverse this ruling. RE is definitely the lesser evil in this case, and he obviously has the votes to win if he isn’t tossed from the ballot.

    M. Scott Eiland (27aed4)

  29. I think it would be hilarious if the moronic Mosely-Braun screwed Chicago up on behalf of Democrats.

    SPQR (26be8b)

  30. Is it too late for the GOP to field some kind of reasonable candidate? They’d probably run into a brick wall trying to change anything… that’s probably what makes Rahm a credible reformer despite his corruption.

    It really shouldn’t be the case that if one candidate is knocked out, the city is screwed.

    Dustin (b54cdc)

  31. How many times was the F-word heard out of Emanuel’s mouth since the decision?

    Blacque Jacques Shellacque (e09322)

  32. Smart politics.

    Arizona Bob (f57a20)

  33. Every poll shows voters across the board want him and the contributions show business wants him. …. Elissa

    Ditto

    It will be interesting to see how this plays out. I rarely vote D but given the choices that we are faced with Rham is by far the best choice. There is not a bigger joke than Carol M. Fraud or most of the others. We shall see.

    BT (74cbec)

  34. Carol Moseley-Braun is not any more corrupt than former Mayor Washington. We have very low standards in Chicago. Just look at Obama and his pals.

    daleyrocks (e7bc4f)

  35. Talk is cheap

    Agreed of course, but the fact remains that he’s been the only candidate to actually acknowledge the reality of our financial situation – we’re broke, and the unions have to understand that the party’s over. Meanwhile, Chico kissed the policemen’s union’s backsides and promptly received their endorsement – quite a profile in courage. Braun drones on about somehow abrogating that atrocious parking meter deal – yeah, that’ll fix the budget problems, Carol (you corrupt/ignorant doofus).

    Dmac (498ece)

  36. No doubt when asked to comment on the ruling, Rahm replied, “@)(*$@#$%!@#$(&*%!@#!@#$!!!!!!!,” followed with a Nixonian expletive deleted.

    DCSCA (9d1bb3)

  37. Assuming you could hear him over the sound of him repeatedly stabbing a table…

    Scott Jacobs (d027b8)

  38. only one job that
    Rahm Emanuel born for
    The Czar of the Carps

    ColonelHaiku (f8a47b)

  39. __________________________________________

    He may indeed be a slimebucket and arsehole in extreme, but he’s just the kind of slimebucket and arsehole who’s going to be able to smack down the SEIU and other unions here.

    I don’t know exactly how liberal or dogmatic Emanuel is, but beyond that, and as you describe him, I always thought he was a very scroungy guy. And when scrounginess and leftism go hand-in-hand, WATCH OUT! IOW, I’d peg him as the type who, in order to satisfy his political calculations, would sell his mother down the proverbial river.

    However, if he’d force government-employee unions in Chicago to see the light, than that would be a miracle. But that also could be nothing more than the broken clock giving the correct time twice a day. So in general, I still suspect he’d do something typical of politicians of the left, and feign a tough stance against unions, but in reality hustle to raise everyone’s taxes and — at most — give lazy lip service about cracking down on a bloated bureaucracy.

    Mark (411533)

  40. I have to admit that Emmanuel is the sane candidate,
    Carol Moseley Braun, good lord, ‘what fresh hell is this’

    narciso (6075d0)

  41. Elissa @ 26,

    Nice insight. I can see why Rahm is surely the lesser of two evils. Also, there is no doubt he would be a shrewd and capable leader, and I suspect would bring a brash fearlessness with that leadership – which, when considering the sort of city Chicago is, would seem equally essential.

    I wonder if the President (through obscure back channels within the machine) might be pushing to help get the way paved clear for him to run?

    Dana (8ba2fb)

  42. From time to time recently we have heard that so-and-so BELIEVE??? that Obama was born in Hawaii. WE DO NOT NEED OBAMA’S BIRTH CERTIFICATE TO KNOW THAT OBAMA IS NOT A NATURAL BORN CITIZEN. Obama’s father WAS NOT a citizen of the United States; therefore, OBAMA IS NOT A NATURAL BORN CITIZEN. The propaganda from Hawaii’s governor and recently from others is an attempt to end the debate. But like the Tea Party, the “Birthers” will not cease and desist from insisting that Obama be removed for failure to qualify according to our Constitution.

    What is incredible is that ALL of those who have uttered that Obama is qualified have been sworn to uphold the Constitution. Like the vial and corrupt Nixon, Obama should be removed immediately.

    AdrianS (accc54)

  43. Birther == spammer.

    SPQR (26be8b)

  44. I have to admit that Emmanuel is the sane candidate,

    When Rahm is the sane candidate, there is no sane candidate.

    Scott Jacobs (d027b8)

  45. Rahm would not have made Chicago better. He’s corrupt. Just as Obama promised to cut the deficit with Paygo, Rahm promised to get the unions in control.

    I accept the fact that his competition is worse than he is, but Chicago did not just lose her only hope of reform. He has his own agenda. His conduct is not very mysterious.

    And… the law really does make him ineligible. That matters. Is it too late for a Republican to run?

    Dustin (b54cdc)

  46. Zombie Eddie Vrdolyak, maybe,

    narciso (6075d0)

  47. Sorry, he’s not dead, just in prison, then again, that shouldn’t necessarily be a drawback.

    narciso (6075d0)

  48. narciso, until I read the decision, I thought it was a requirement.

    SPQR (26be8b)

  49. “Agreed of course, but the fact remains that he’s been the only candidate to actually acknowledge the reality of our financial situation”

    Dmac – The only time New York City has ever been able to fix anything is when they’ve brought in a Republican mayor. I’m thinking the same might apply to Chicago.

    Rahm sticking it to the Dems biggest contributors? I’m not feeling it.

    daleyrocks (e7bc4f)

  50. To those living in Chicago – are there actually any Republicans in eyesight that have a solid backing that might considering running (maybe not necessarily now but next go-round)?

    Dana (8ba2fb)

  51. Stroger, or whatever his name is?

    Or is he not in Chicago proper?

    Scott Jacobs (d027b8)

  52. If you mean Todd Stroger, I thought he was a Dem, no?

    Dana (8ba2fb)

  53. I must be thinking about someone else… lemme try and find the name I’m looking for.

    Scott Jacobs (d027b8)

  54. Whoever it was that was the lead to oppose pretty much anything Stroger did in Cook County. Can NOT think of the guy’s name… Last name started with a P maybe?

    Scott Jacobs (d027b8)

  55. Stroger? LOL. I agree with daleyrocks, I will not believe that he can or will stand up to the unions, until he does so, which will be the first time he has ever done so.

    JD (d4bbf1)

  56. I’m sorry *ssh*le, but was I f**king talking to you?

    Scott Jacobs (d027b8)

  57. Dana and others–I guess one should never say “never”, but electing a Republican as Mayor of Chicago in my lifetime seems like a pretty remote possibility. For those of us who do not reside in Chicago proper– but commute there for our livelihoods and for our cultural, shopping and sports fixes– the safety, viability and efficiency of the city are very important. I do realize that it must seem preposterous to people that some of us conservatives were actually hitching our wagons to Rahm’s star. But, well, considering the alternatives….

    Not sure why we are throwing Todd Stroger’s name around. He is a Dem from a whole family of corrupt and thieving Dem politicians, recently primaried out of his job as President of the Cook County Board by another Democrat. Yes, he was actually that bad.

    elissa (174cc5)

  58. >

    G (ce0c1b)

  59. Scott, following up: I think you may be thinking about Tony Peraica. Yes, he is a suburban Republican who fought Stroger and “the machine”. Unfortunately Peraica had his own issues too, and lost his last election.

    elissa (174cc5)

  60. Get a hold of yourself, Scott.

    JD (d4bbf1)

  61. @elissa

    THAT’S the guy!!!

    I’ll take a Republican with “issues” over any Chicago dem.

    Well, except maybe either of the Madigans. I actually would vote for either, for pretty much any state job they ran for.

    Scott Jacobs (d027b8)

  62. Sorry, I should not have said that.

    JD (d4bbf1)

  63. It’s kind of like the election slogans in Louisiana – Vote for the Crook – you could be talking about any of the leading candidates here in Cook County.

    daleyrocks (e7bc4f)

  64. It just struck me as funny that in trying to come up with the name of one of the lone Republicans, you came up with Stroger, a Dem family so deeply corrupt that even theDems got rid of them.

    JD (d4bbf1)

  65. This is all Wiki mentions re any issues,

    In the 2010 Election for the Cook County 16th district Commissioner he was accused of tearing up a sign of his Democratic opponent Jeffery Tobolski in McCook, IL. He was then arrested and taken into custody. Peraica argues his innocence and claims that the arrest was “political revenge” from Jeffery Tobolski who is the Mayor of McCook and whose father was police chief there for over 30 years. Peraica says he plans to sue the McCook police department.

    Surely there’s more?

    Dana (8ba2fb)

  66. Emanuel’s threats against public-employee pensions are only part of the story with the cops.

    There is also the matter of Michael Masters, chief of staff to Police Superintendent Weis. Masters is a 31-year-old clever boy (Harvard Law degreee) who has never been a police officer, but was deputy chief of staff to Mayor Daley, with an office next to Daley’s in City Hall. It’s generally believed that Masters is Daley’s man in the Department, who’s there to carry out whatever political moves Daley has for the Department, and make sure Weis doesn’t interfere.

    He is despised by the police rank and file, not least for claiming the status of a “peace officer” and the right to carry a gun on the basis of a quickie training course at a local junior college. Many of the stupider command changes and reorganizations of the last two years are blamed on Masters.

    Emanuel has indicated that if he is elected, Masters will stay on.

    (Just about everyone agrees that Weis is a failure and must go as soon as his contract ends in May.)

    Rich Rostrom (f7aeae)

  67. Look- the former ballerina knows about the residency requirement, knows he is not in compliance, yet returned to Chicago to seek the mayor’s office anyway. He obviously knows something we don’t- ergo, the fix is in.

    Ballerina will be on the ballot.

    Jones (72b0ed)

  68. I’m thinking the same might apply to Chicago.

    OK, but who on earth would the GOP nominate at this point, and who on earth has any name recognition in Chicago?

    That matters. Is it too late for a Republican to run?

    I’ll take a Republican with “issues” over any Chicago dem.

    You guys must have been joking when you made these comments – right? BTW, Peracia was toast when he was discovered to have been ripping his opponent’s campaign signs off the lawns of private individual’s homes. He was a good opponent of the machine hack Stroger, but often was unhinged in his constant ranting. Ironically, Stroger’s replacement as county board president has actually acted on her campaign promises, and has gone on the warpath in forcing every county dept. to cut their overall budgets by 16%. So far she’s the real deal, and it’s an astonishing development, considering she was one of Daley’s closest political allies when she was an alderwoman previously.

    Dmac (498ece)

  69. The correct ruling is obvious.
    However, we have become the nation that can make up any sort of lies to fit any scenario that entails bad judgment and bad behavior and bad rules, and okay it all as sanctioned, appropriate, and legally binding “under the law”.
    If the crimelord doesn’t get his way it will be a surprise, and of course the reason he will is because it’s lowdown, dirty, slimy, formerly obviously ridiculous, insulting, and far out of the reach of sane society and culture.
    So it will happen.
    Another “glass ceiling” shattered for the criminal overlords.

    SiliconDoc (7ba52b)

  70. They need Rahm Emanuel to run and they need him to win. They need him to win because when Sock Puppet runs again in 2012, Chicago is the staging point. Ballerina boy is just the guy to open up the bottomless checkbook to host every conceivable thing possible for Fearless leader.

    fitness marketing strategies (3d6445)


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