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To: muawiyah

Did you read the appeals court decision?

The law makes a distinction between residency for voting and residency for candidates. Rahm is clearly still a qualified voter in Chicago, but that is only one part of the requirement for candidacy. If only his voting residence mattered, that’s all the candidate law would have specified, but it doesn’t, it requires that the candidate “reside in” the district.

It specifically waives military personnel from the 1-year “resides in” requirement, but it doesn’t waive people “in the service of the United States,” that only applies to voters.


118 posted on 01/28/2011 3:55:57 AM PST by mvpel (Michael Pelletier)
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To: mvpel
Yeah, I read the dissent. It's "cr*p". The decision noted that once you have achieved residency you continue to be a resident ~ and the other side came up with no evidence whatsoever that Rahm didn't intend to continue being a resident!

If it were not the case that you continued to have residency once you had achieved it then every time you ventured outside of Chicago that would start the clock running again ~ and you'd be a resident of nowhere.

They also ruled that it is consistent with Illinois statutory law and the court's practices that such laws be read together and that they achieve the same end ~ to wit, residency.

For a long time I was part of a system of regulation that had such time periods as "4 weeks", "28 days", "20 working days", and "1 month". This caused no end of problems at the limits as field managers would rule that a time-limit was lengthened by 1 to 3 days by 3 day holiday weekends, or that after 4 weeks, everything expired, or that a 31 day month wasn't 28 days so screw the customer.

We fixed those rules finally, but first I had to go through every rule and find every instance of the words "minute", "hour", "day", "week", "month", "quarter", "3 month", "semi-annual", "6 month", "annual" and "365" days ~ oh, yeah, and "12 month". Once we had those suckers in hand we could decide what expressions we wanted to use ~ and if legislation had forced us to use something less than useful.

Still, our position in all cases was that where a time limitation benefited a customer we'd use that, and the same for an extension. That way there'd be no basis for complaint by outsiders.

Worked like a charm ~ almost a totally invisible revision of the rules.

The Illinois court ruled that Illinois practice has been consistent with similar principles. They also noted that now is not the time for a change ~ such as recommended by the Appeals court.

Oh, yeah, the Supreme Court also slapped down that Webster's Dictionary definition with TWO different Illinois court decisions on the matter, and a statute.

Now, let me ask you, did you bother reading the decision?

124 posted on 01/28/2011 6:11:03 AM PST by muawiyah
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