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[Illinois] Supreme Court: Emanuel on Chicago mayor ballot
Chicago Tribune ^ | 1/27/11 | Liam Ford

Posted on 01/27/2011 3:19:12 PM PST by Chicago Lampoon

Did anyone really doubt that the Chicago fix was in all along? The Illinois Supreme Court just announced a 5-2 decision to allow Rahm Emanuel on the ballot for the February 22 Chicago mayoral election. Earlier today, former IL Republican Gov. Jim Thompson and other members of the state GOP establishment came out in favor of giving the former Obama ballot access.

(Excerpt) Read more at newsblogs.chicagotribune.com ...


TOPICS: Breaking News; Government; News/Current Events; Politics/Elections; US: Illinois
KEYWORDS: chicagomayoralrace; cultureofcorruption; democratscandals; emanuel; illinois; iscjumpedtheshark; iscjumpstheshark; lawisnotimportant; obama; obamascandals; rahmemanuel; selectednotelected; thechicagoway
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To: muawiyah

His “intent” is completely beside the point.

What would be the point of specifying that a candidate must be a “qualified elector,” for which “achieving residency” is already a requirement, and then specifying that the candidate must “reside in” the district?

Section 3.1-10-5(d) exempts active duty military who “reside” elsewhere for a time from the “reside in” requirement for candidates, but it does not exempt people “in the service of the United States” or Chiefs of Staff of the Obama Administration.

So basically, the Illinois Supreme Court has repealed 3.1-10-5(d) and the second half of 3.1-10-5(a) by judicial fiat, and have shown themselves to be black-robed b**ches of the Chicago Machine.


141 posted on 01/28/2011 5:04:28 PM PST by mvpel (Michael Pelletier)
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To: mvpel
Hmm ~ that was the way the Illinois Supreme Court resolved the apparent dilemma ~ that you had two sets of laws that appeared to give you different results if followed to the nth degree.

It was manifestly not the intention of the writers of the Illinois Constitution, nor of those who wrote that particular law regarding residency for the purpose of running for office, to REQUIRE that anyone wanting to run for office stay within the bounds of Chicago for one year immediately preceding an election.

For one thing that would be IMPOSSIBLE to enforce. For another you would necessarily violate almost every other civil right any potential candidate might have to begin to enforce it.

Your reading that requires perfect attendance is NONSENSE. Those who came up with that idea just wanted to harass the man with it, yet, if it were to prevail, I daresay NONE of the candidates for office in Chicago would qualify to run for office.

142 posted on 01/28/2011 5:35:25 PM PST by muawiyah
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To: MortMan
Around the DC area there are millions of taxpayers who have to pay income tax in more than one jurisdiction. It's not all that complex but what it amounts to is that the jurisdiction with the higher tax rate gets more than half your tax dollars.

Illinois has a lower aggregate income tax rate than DC. That means that if Rahm only filed in DC he'd pay more income tax than if he filed in both DC and Illinois.

That's why I cannot believe he filed only in DC.

143 posted on 01/28/2011 5:40:15 PM PST by muawiyah
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To: muawiyah
I simply noted he'd not become a resident anywhere else, still voted in Chicago, had property in Chicago, paid Illinois taxes, and was otherwise considered by everyone in America as just another crooked and corrupt Chicago politician.

I've never heard that he paid IL income taxes for the period he was living in DC. Has anyone seen a tax return for that intervening time on which he's claimed the status of "resident of Illinois"? He was late on his payment of taxes for the year previous to his moving to take the job in DC. I can just imagine what he'd say if he had not paid IL income taxes and had not wanted to run for mayor and IL had tried to get the money out of him on the basis of his owning a home in IL. He would have been the first to say, "Hey, just because I own a home in IL doesn't mean I'm a resident of IL. I've leased that place out. I don't have a domicile in the state. My family and I moved here to the East Coast. We have an address here. My kids are going to school here. Where do you guys get off trying to suck my money out of my pockets by claiming that owning a property in Chicago to which I will return in the future makes me a resident in the present?"
144 posted on 01/28/2011 5:50:03 PM PST by aruanan
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To: aruanan
BTW, as a federal government employee a resident of Illinois does not have to pay income taxes to DC. He can live in Virginia, work in DC, and not pay anything to DC for example. If he becomes a resident of Virginia, he can work in DC and still not pay taxes there.

Most Congresscritters live in the Maryland and Virginia suburbs. Several reasons for that ~ LOWER CRIME RATES, and LOWER CRIME RATES, plus LOWER CRIME RATES.

Don't ever think the Leftwingtards don't know where the criminals are.

BTW, DC is considered DIFFERENT than a state for tax purposes.

That's 'cause it's not a state.

NOTE, the rules are different for private sector employees ~ if they live in Virginia and work in DC for a private company (say a LOBBYIST), they will need to pay taxes to DC and Virginia.

145 posted on 01/28/2011 6:05:25 PM PST by muawiyah
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To: muawiyah

OK look at it from the other side. What would it have taken for Emanuel to do if he had purposely wanted to STOP being a resident of Chicago?


146 posted on 01/28/2011 6:37:56 PM PST by HiTech RedNeck (I am in America but not of America (per bible: am in the world but not of it))
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To: HiTech RedNeck
He would have sold his Chicago house or sought an even longer lease if he never intended to return to Chicago.

He had an expected date for leaving the White House (where he was chief of staff, not chef of stuffing) and returning to Chicago. The court noted that he'd done everything necessary to indicate his intent to NOT abandon his domicile in Chicago.

Basically Rahm Emanuel is entitled to the same rights everybody else in Chicago is entitled to ~ and that includes the presumption that he "lives there".

He sure doesn't "live here"!

147 posted on 01/28/2011 6:44:27 PM PST by muawiyah
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To: mvpel

You fully do not understand Illinois law....

There was a court case on this very subject that went to the supreme court ruling the same way as it did this time.

Immanuel never relinquished his residency. By renting his house it supports that fact.

His residence is still Cook Co as mine is in Mclean...

The Appellate court used their own interpretation.

The Supreme court held in favor of Immanuel unanimously.

What are you trying to say, the whole court is corrupt...?

Three republicans....


148 posted on 01/28/2011 7:04:45 PM PST by nikos1121
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To: mvpel

You fully do not understand Illinois law....

There was a court case on this very subject that went to the supreme court ruling the same way as it did this time.

Immanuel never relinquished his residency. By renting his house it supports that fact.

His residence is still Cook Co as mine is in Mclean...

The Appellate court used their own interpretation.

The Supreme court held in favor of Immanuel unanimously.

What are you trying to say, the whole court is corrupt...?

Three republicans....


149 posted on 01/28/2011 7:04:56 PM PST by nikos1121
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To: mvpel

You fully do not understand Illinois law....

There was a court case on this very subject that went to the supreme court ruling the same way as it did this time.

Immanuel never relinquished his residency. By renting his house it supports that fact.

His residence is still Cook Co as mine is in Mclean...

The Appellate court used their own interpretation.

The Supreme court held in favor of Immanuel unanimously.

What are you trying to say, the whole court is corrupt...?

Three republicans....


150 posted on 01/28/2011 7:04:56 PM PST by nikos1121
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To: mvpel

BS... we’re talking about residency not where you live....

You’re wrong...plain and simple...

Immanuel is the best of this worse lot of candidates...

Anyone else would be a disaster for our city...


151 posted on 01/28/2011 7:09:24 PM PST by nikos1121
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To: mvpel

BS... we’re talking about residency not where you live....

You’re wrong...plain and simple...

Immanuel is the best of this worse lot of candidates...

Anyone else would be a disaster for our city...


152 posted on 01/28/2011 7:09:34 PM PST by nikos1121
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To: mvpel

BS... we’re talking about residency not where you live....

You’re wrong...plain and simple...

Immanuel is the best of this worse lot of candidates...

Anyone else would be a disaster for our city...


153 posted on 01/28/2011 7:09:34 PM PST by nikos1121
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To: americanophile

It does mean physical presence, but what the court said was that once physical presence was EVER established, only an intent to abandon that presence results in it going away. In other words, he “resided in” Chicago, according to the court, because he once resided there and intended to return.

This is totally stupid.


154 posted on 01/28/2011 8:36:48 PM PST by 1L
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To: 1L

I understand, and it’s a ridiculously permissive standard.


155 posted on 01/28/2011 8:38:41 PM PST by americanophile
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To: nikos1121

>>There was a court case on this very subject<<

Actually, the court case wasn’t “on the subject.” It involved a challenge to someone already in office, and was decided 125+ years ago under a totally different statute that no longer exists. So, it wasn’t factually similar, and was not based upon a previous ruling on the same law. It had no precedental value, but the Ill. SC decided to use it anyway to justify the result they sought.

The decision was wrong and stupid. You can try and defend it, but that makes you look silly.


156 posted on 01/28/2011 9:25:41 PM PST by 1L
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To: 1L

Why did the Supreme vote unanimously in favor of Immanuel? Just answer me that one question, so I can go to bed....


157 posted on 01/28/2011 11:28:34 PM PST by nikos1121
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To: nikos1121

Any reason you insist on multiple postings of every entry you make?


158 posted on 01/29/2011 6:43:03 AM PST by littleharbour
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To: littleharbour

Haaaa.... The dreaded triple post. It happens I think when your laptop is slow to respond. Sorry...


159 posted on 01/29/2011 6:59:12 AM PST by nikos1121
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To: 1L; nikos1121

I live about five miles from Chicago, and I work in downtown Chicago. I disagree with the IL Supreme Court because Rahm didn’t live in Chicago since last Feb. He might have intended to return, but he lived in Washington, DC, most of the last year.


160 posted on 01/29/2011 7:01:16 AM PST by PhilCollins
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