[Illinois] Supreme Court: Emanuel on Chicago mayor ballot

Chicago Tribune ^ | 1/27/11 | Liam Ford

[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.

[hattend]

Why even have election laws?

[Godwin1]

By the plain language of the statute, Emmanuel was clearly ineligible. But the cheap, politically hooked up hacks who pose as judges in Illinois had their orders. The Establishment wanted Emmauel. Rule of Law be dammed.

[Free Vulcan]

Rahm has to stay on the ballot. The dead people have already voted, and we don’t want to disenfranchise them!

[MinuteGal]

Chicago firemen, policemen and other public safety persons are required to live within the city limits. Since the public schools are so bad, zillions of them want to live in the close-in suburbs.

Now they can if this court decision set the precedent.

They can just buy a cheapo one-room kitchenette condo in a lousy city neighborhood while actually living in a nice 'burb, even across the nearby Wisconsin border if they want...... and say it's their "intent" to live in their city pad (when they get caught). They'll win the case as the precedent is set for "intent".

This is no joke, the radio commentators are saying the ruling will have a profound impact on many things in Chicago political and governmental affairs....in other words, unintended consequences.

So now the Chicago voters have a full menu of corruption to choose from on election day in February.

Obama's mission is now accomplished....to get Illinois electoral votes in 2012. He's got a slimy operative situated in the right place.......and the required numbers of dead, illegal and multiple-voters are assured on election night.

It makes no difference how the rest of the state votes, they can't overcome the sheer volume of the Chicago Machine (unions and ethnics) vote plus the slap-happy limousine-liberal vote of the north shore and the socialist-subsidized farmers in the rural areas.

If and when Rahm is elected, it'll no longer be the Daley Machine, it'll be the Obama Machine.

Leni

[neocon1984]

It’s been well known in Chicago that Big Jim is gay and that his wife is primarily a beard.

[Don Corleone]

In defense of the Ill SC, Chicongo really needs a ballet dancing Communist Mayor to pull it out of its financial malaise. The last tutu wearing Mayor, Washington, almost did it.

[hal ogen]

The majority of Chicago voters deserve whatever (whoever) they vote for.

[coaltrain]

“Chicago firemen, policemen and other public safety persons are required to live within the city limits.”

Once they accept the job they are required to live in the city. But when they apply for the job, they can live and apply from anywhere. How can they claim this ruling changes anything?

[Jean S]

He did pay taxes, both property and income.

He probably did pay property taxes in IL on the house he rented out. How do you know that he paid state income tax in IL?

[K-Stater]

He probably did pay property taxes in IL on the house he rented out. How do you know that he paid state income tax in IL?

I read the court's decision. It was mentioned in that.

[americanophile]

"The Board noted that the objectors and candidate agreed that “residence” in this context means “permanent abode,” and that two elements are required for a permanent abode: (1) physical presence; and (2) an intent to remain there as a permanent abode. The Board cited case law establishing that, once a permanent abode is established, residence continues until abandoned. The Board concluded that the objectors had failed to establish that the candidate abandoned his residence, basing its conclusion on the evidence that the candidate maintained significant contacts with Chicago, intended to return to Chicago and to the Hermitage House, and had lived in Washington, D.C., solely for the purpose of working for the President."

So the 'physical presence' requirement doesn't actually mean 'physical presence,' it means a subjective intent not to abandon property that you own in the locale. By which standard Obama is surely a resident of Chicago, even though he lives in the White House. This is an absurd standard.

[K-Stater]

Only not in Chicago.

Apparently yeah.

[Iron Munro]

Rahm will dance right into the office.

[coaltrain]

“How do you know that he paid state income tax in IL? “

By Illinoia law, he would only be required to pay state income tax if he earned taxable income in Illinois. If his earned income from an employer in D.C. he would not pay Illinois state tax.

[Seaplaner]

LOL! May I plagarize you?

Of course. (Attribution not necessary.)

[K-Stater]

By Illinoia law, he would only be required to pay state income tax if he earned taxable income in Illinois. If his earned income from an employer in D.C. he would not pay Illinois state tax.

What about investment income? Wouldn't he have to pay Illinois income taxes on that?

[coaltrain]

Investment income is defined as unearned income for tax purposes.

[coaltrain]

“So the ‘physical presence’ requirement doesn’t actually mean ‘physical presence,’ it means a subjective intent not to abandon property that you own in the locale.”

OK, devil’s advocate, does that mean that an Illinois soldier who was over in Iraq fighting for a year and rented out his home for that period is no longer an Illinos resident?

[muawiyah]

Just went through that entire decision. It focused on the definition of terms and substituted the Appellate Court's idea of using a Webster's Dictionary definition with it's own reading in Illinois law cases and laws.

Guess I hit that sucker right on the nailhead.

Then, they noted that the definition the Appellate Court wanted to adopt about the 1 year period was not supported in statute or common practice since Congressmen go out of state all the time, and you might even have a Chicago resident visit his condo in Florida from time to time.

The Court didn't say the obvious ~ that WE CANNOT POSSIBLY mean the "reside in" definition so tight that you can't leave the City of Chicago! I approached that from the standpoint that a candidate might well visit a Wal-Mart in Cook County ~ a short trip ~ and get disqualified ~ and NO ONE DOES THAT!

There were some others, and the Court hit on all of them.

There are other even more obscure references to things of interest only to folks who write regulations and decisions based on regulations. In all cases the court took the same route I would. I think that befuddled the two judges who opposed the logic of the decision ~ and left them gasping for air with nothing meaningful to say.

I think the "clerk" at the Illinois Supreme Court is a FREEPER! Oh, yes, or a couple of the justices are. Or maybe a couple of them used to write legislation, or maybe regulations for a federal or state agency where it was necessary to reflect on statutes and law cases ~ PERFECTLY EVERY SINGLE TIME ~~ not that loosey goosey stuff you get with agencies like EPA where they just make stuff up!