In a unanimous, 7-0 decision, the Illinois Supreme Court said that Rahm Emanuel will appear on the February 22 ballot for Mayor of Chicago. This overturns a previous ruling from a state appeals court. The ruling can be found here. The court stated that the residency analysis by the appellate court was “fundamentally flawed”:
The issue in this case is whether the candidate met the statutory requirements to run for and hold elected municipal office, as set forth in section 3.1–10–5(a) of the Municipal Code (65 ILCS 5/3.1–10–5(a) (2008)). That section states, in relevant part: “A person is not eligible for an elective municipal office unless that person is a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment ***.” 65 ILCS 5/3.1–10–5(a)
As Smith demonstrates, this court very early on announced the principles that would inform residency analysis in the context of eligibility to hold public office. And since Smith, this court has consistently applied similar residency principles in a variety of other contexts, most especially in the context of voting. From these cases, several well-settled principles emerge. First, to establish residency, two elements are required: (1) physical presence, and (2) an intent to remain in that place as a permanent home. Hughes v. Illinois Public Aid Comm’n, 2 Ill. 2d 374, 380 (1954) (citing voting cases). Second, once residency is established, the test is no longer physical presence but rather abandonment. Indeed, once a person has established residence, he or she can be physically absent from that residence for months or even years without having abandoned it.
The fact that Emanuel maintained a home in Chicago, continued voting as a Chicago voter and expressed his intent to return was enough for the Supreme Court, in this case.
Two justices did concur with the ruling, but said that the issues “in no way as clear-cut as the majority makes it out to be.” Here’s their precis:
Because of the breadth of today’s decision, we do not join the majority’s holding that residency is the equivalent of domicile and that intent, therefore determines residency, even in the absence of any physical presence. Rather, we would answer the narrow question that was actually raised by the objectors in this case: Does a person lose his permanent abode if the adobe is rented during the relevant residency period? To that question we answer “no.” For that reason alone, we join in the judgment of the majority.
But that has little bearing on the final result. Rahm Emanuel will be a candidate for mayor.




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Sorry, Chicago. Mayor Emanuel is currently running amok with a dog named Hambone and a duck named Quaxelrod.
“Nuts”
“Mob rule”
i hope he freezes his balls off in the windy city
It was funny while it lasted.
Did they really write “Does a person lose his permanent abode if the adobe is rented…..?”
How cool. I didn’t know Rahm lived in a adobe home in Chicago. How Western of him.
“an adobe” ….. are we ever going to get edit back? i miss my edit. I really do.
707
I think they determined that he only rented out the “adobe” portion of his “abode”, therefore maintaining residence even in absentia.
1) The appellate court and the supreme court looked at this case totally differently, which is not very reassuring about the quality of judicial review in Illinois.
2) This is the most troubling part of the decision:
Would that mean I’m still a resident of MA even though I haven’t lived there for 34 years? At one point do you say I’ve abandoned my residence?
Oh my goodness…what is Rahm grabbing with his hand in that picture, and why does he have such a vicious grin on his face? Creepy.
http://emptywheel.firedoglake.com/2011/01/25/rahms-ballot-appeal-and-white-house-interference/#comment-272040
#25 JamesJoyce January 26th, 2011 at 3:02 am
‘This decision is wrong and will be overturned by the Ill. SJC. Imagine during WWII being called by a President to serve. Any move to D.C. is temporary. It is for the purpose of conducting the nation’s business at the request of a President. Imagine Truman or Ike, requesting your service in DC, then being precluded from participating in home state, politics? It is wrong and will be overturned.”
bmaz, you were correct in your response to this post, for the right reasons!
I would assume they mean that only if one continues to own property in that municipality.
The fact that they didn’t explicitly clarify, though, leaves the door open in the future for just such an argument as you pose above.
Mr. Ann Coulter plays that game every voting season!
Judge Burke who was one of the judges who ruled on this I think is married to Chicago Alderman Ed Burke a Daley Machine politician I guess Rahm is da Mayor’s choice.:(
It was fun to mock him while it lasted . . . *G*
Wonderful reasoning. Put in that light, I agree.
He’s managed to get thru the hard part, now the really treacherous part of his trip will start.
If you still use the address as your “home residence” (voting, taxes, etc.) you can be away for decades and not have abandoned it. At least that’s the inference from the ruling. And very common sense to me as a lay person. Imagine if you were a deployed soldier, or on a Mars mission. Rahm was “deployed” to the federal government in Washington, D.C. This is another self-created mess due to his “brilliant” strategic skills (he didn’t have to rent out the place), but he did keep the address as his home residence.
I expected this when it was expedited, and Obama said he wanted Rahm on the ballot. sounds kind of dictatorial to me.
I guess Rahm wanted to go somewhere to make more money….Blago-style
Yes it was.
One can just imagine that POS in the WH — along with ass-kisser Jarrett — getting their respective asses all up in the air about Rahm being denied his rights, while ignoring the plight of homeowners getting fucked over by their benefactors. POSs.
“I’m shocked, shocked I tell you.”
Another edition of “Obama was right,” brought to you by Valerie Jarrett.
Hate to say “told you so”! This wasn’t a hard case!
Aaah shut yer yaps, ya f*cking retarded sanctimonious members of the professional left & line up fer yer drug tests stat… motherf*cking motherf*cketyf*ck Rahm is “in” da race. Nyah nyah nyah.
Who coulda predicted this outcome? I’m so surprised…. NOT!
This is the same basic reasoning that allows college students to vote absentee in their home state while living in campus-provided housing at an out-of-state school. You haven’t “abandoned” your residence because you’re not intending to live permanently where you are.
The lower court ruling would have given additional running room for “voter integrity” groups to go after college-age voters.
There does seem to be a role for the moderator in this thread, non?
Some of those judges concurred but said they don’t want their decision to apply to others, such as those who apply for schooling, loans, grants, welfare, etc. So it seems this decision may turn into a can of worms.
The question of domicile always comes down to a question of intent. If you haven’t returned for three decades, there’s a strong inference that you’ve abandoned your domicile. But if you leave for 1, 2, or 3 years that inference isn’t there.
The interesting issue on FDL is the one NOT being discussed – Democratic tribalism and blind Party support (come voting day) is just as rampant as Republican. Obama is a disgrace. He can find time to voice an opinion on Rahm’s eligibility for Mayor, but won’t utter a word on Bradley Manning’s treatment. And this is a minute example of Obams’s true interests & concern for the rule of law.
Does anyone have any doubt the GREAT majority of Progressives will return to the fold and support & vote for Obama in ’12?
Shouldn’t call themselves such if they do.
As I wrote somewhere else. In Egypt, the ruling dictators are figthing the population with tear gas and rubber bullets. In the US, the one party state doesn’t need to go to such lengths. Large amounts of kool aid are sufficient to quell any uprising.
Ask again after the GOP decides which of the nuts they want to carry their party standard.
It would have done nothing of the sort; the issue concerned an extra requirement for OFFIC HOLDERS above and beyond that of mere voters; the insinuation that this had to do with mere voters, student otherwise, is completely bogus.
I agree completely, but they’ll rationalize about the bad, bad Republicans and NEVER concede any difference between the red coats & “Clarence Thomas” Obama is miniscule.
How about asking, instead, about the once in thirty year lost opportunity from “Clarence Thomas” Obama’s HCR? Shameful, just shameful.
Yes, that’s exactly what it means. I’m planning on running for governor of Alabama, despite the fact that I left there in 1978. I know I’d make a better one than Charles Barkley and I’m not nearly as corrupt as Rahm Emmanuel.
At this point, I don’t care if I have to vote for Sarah Palin, I ain’t givin’ Obama jackmuthafuckinshit!
Fine then. Just don’t expect a whole lot of sympathy from anyone when whatever lunatic the Republicans put in office makes Obama and Bush look like fuckin’ pikers.
You want to take your damn ball and go home? Be my guest. If this makes not a “true progressive” or whatever other horseshit you’re peddling, then it’s not a group I would want to be a part of.
And yes, I am pissed. The so-called “moderate” Republican in my state who just got elected governor is going to take a chainsaw to education because people like you decided that the Democratic candidate in the race wasn’t sufficiently liberal enough and how much damage can a Republican *really* do?
Chicago, where millions of dollars and a sense of entitlement buys you the right to have words stripped of their meaning.
Beware Chicago, the Black Death of politics is running for mayor of your town and everything he touches wilts and dies. Good luck, you’ll need it.
Alderman Burke is backing Gery Chico. Mayor Daley has been adamant in refusing to endorse any candidate. At least you got your meme, true or not.
It wasn’t “expedited” for any reason other than the election is less than a month away. The IL Supreme Court isn’t even in session now, and there was some question of where (or whether) there would be an actual session (as opposed to doing their arguments on line) and which Chamber it would be held in if there was an actual SC session (Springfield Chambers or Chicago Chambers).
The February election isn’t the end all that you think it is; if no candidate gets more than 50% of the vote there will be a run-off election between the top 2 vote getters in March. Time is of the essence.
How the fuck does this appeal get filed, briefed and an opinion issued within a week? The speed of light justice only for the vip’s.