[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.

[Lazamataz]

I guaranteed he would be on the ballot.

Now, I GUARANTEE he will be elected Mayor, REGARDLESS of the ballot count.

[Redcloak]

Well... He does poll well with the dearly departed demographic.

[newzjunkey]

"he’ll be president, i fear."

Don't even THINK that.

[ponygirl]

OMG!!! THIS IS SUCH A SURPRISE!!!

Seriously, people... are they even gong to bother with the theater of an "election?" Please.

[americanophile]

There’s an exception for being engaged in the business of the U.S., which a fighting soldier certainly is. Emmanuel fell under this exception for being Chief of Staff to the CIC.

[Blood of Tyrants]

Of course the fix was in. No matter WHAT the law said, no matter how blatantly he had violated it or missed its requirements, he WAS going to be on the ballot because, well, because he wanted to be.

And the worst thing about is that the morons in Chicago will elect him.

[Blood of Tyrants]

Of course the fix was in. No matter WHAT the law said, no matter how blatantly he had violated it or missed its requirements, he WAS going to be on the ballot because, well, because he wanted to be.

And the worst thing about is that the morons in Chicago will elect him. Or at least that is what the people who count the ballots will say.

[WatchYourself]

Good. Chicago deserves what they get! I could care less. Heck, I hope all of these leftwing cities and states keep getting the nuts like whatshisface in Cali and Rahm in Chicago.

[stevie_d_64]

With the juice and goods he has (on other people) in his back pocket...

I bet it took only one phone call...

Chicago...Y’all get what you voted for...hehehe

[Charlemagne on the Fox]

Yes, I’ve heard similar reports of such “get aways” . . .

[tflabo]

Rules are only for the little people! Then again who cares about Chicago-—spin the wheel and take your pick of corruptocrats galore. GIGO.

[OldNewYork]

Chief of Staff is not a soldier. A soldier takes orders up to and including ones that may kill him, is not able to resign whenever he likes, nor determines where he will be stationed. Paying property or income taxes is not residence, clearly. Residing, at a minimum, the majority of the year is a pretty standard definition of residency. It’s as simple as that, and the truth tends to be simple, lies complex. I prefer rule of law to rule of lawyers, as this seems to be.

[MinuteGal]

I dunno. I was quoting what the Chicago talk radio pundits are saying. I'll see if I can stumble on an answer to your question when I tune in tomorrow after Rush.

Leni

[Jean S]

Found this excerpt from the ruling via wsj.com.

“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.”

[Diana in Wisconsin]

[stylin19a]

It's amazing how we see things differently.

The appellate said Smith didn't apply.
The Supremes said Smith was right on point.

With Smith out, all follow-up cases that cited Smith were also out and the appellate ruled accordingly

With Smith in, all the cases were in and the Supremes were able to cite precedent.

I thought the the Supremes actually did say the obvious:

"Once residency is established, the test is no longer physical presence but rather abandonment, the presumption is that residency continues, and the burden of proof is on the contesting party to show that residency has been abandoned."

The court then determined that it was intent that mattered. Exactly what you've been saying.

Again, nicely done.
FreepRegards.

[Admin Moderator]

The title you created

"Rahm Emanuel Allowed on Chicago Mayoral Ballot: IL Supreme Court Ruling"

did not match the published title at the linked source. Please do not alter published titles nor make up your own title. We're attempting to reduce the number of threads we have to pull every day.

Please use published titles only. Thanks.

[MinuteGal]

"By Illinois law, he would only be required to pay state income tax if he earned tacable income in Illinois."

Velly interesting point. Actually, the tax law reads:"The Illinois income tax is imposed on every individual earning or RECEIVING income in Illinois".

Well, he was living in DC and receiving pay originating in DC. So far so good.

But in his court case, he claims he was always a "citizen" of Illinois because his "intent" was to move back into the house he rented out when his service in DC was over with. So, therefore, he was RECEIVING his pay while having a legal address (not a mailing address) in Illinois.

Someone please help me out here as I'm becoming bewitched, bothered and befuddled.

Am I correct in assuming he's having things both ways?

Leni

[1L]

Not really. Serving in the military or in elected office means you go somewhere different from where you live BY DEFINITION (almost exclusively, though there are exceptions.) Taking a staff position, regardless of who it is for, represents a career move, even if you didn’t intend it to be for more than a period of time. In Congress, you represent your district; in the military, you are representing/defending your country. As a staff member, you represent no one.

[4yearlurker]

Emanuel, is going to win. One problem is he had to be on the ballot. Problem solved. Sickening!