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CNN: Court rejects Emanuel mayoral bid


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http://politicalticker.blogs.cnn.com/2011/01/24/breaking-appellate-court-rules-against-emanuel/?hpt=T2

(CNN) - Chicago mayoral candidate Rahm Emanuel will appeal a court's ruling removing him from the ballot, he said at a press conference Monday.

He said he has "no doubt" he will face the voters in the upcoming election and expects the Illinois Supreme Court will move quickly once his paperwork is filed.

"I have no doubt we will in the end prevail in this effort," Emanuel said. "As my father used to say, nothing is ever easy in life, this is just one turn in the road."

Emanuel was thrown off the ballot Monday by an Illinois appellate court panel, according to the Cook County Appellate Court's office.

The panel ruled 2-1 that Emanuel did not meet the residency standard to run for the city's top office.

"A candidate must meet not only the Election Code's voter residency standard, but also must have actually resided within the municipality for one year prior to the election, a qualification that the candidate unquestionably does not satisfy," the court stated in the decision.

Emanuel was considered the front runner to replace outgoing Chicago Mayor Richard Daley in the February 22nd election.

In December, the Chicago Board of Elections determined he was a resident, but that decision was appealed. Emanuel served as President Barack Obama's chief of staff, a position he left last year to return to Chicago.

I'm surprised no one's started a thread on this yet.

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This is Chicago we are talking about. Rahm will bribe someone and get on the ballot then he will have thousands of dead people help vote him in. Nothing smells of corruption more than Chicago politics. Remember: vote early, vote often.

Or like his ex-boss who has the fake birth certificate, he'll come up with some fake proof of residency ;)

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Frankly, I have a problem with this.

IMO, there are at least some jobs where, when you take the job, you shouldn't lose your citizenship of (wherever you were when you took the job).

If he'd been serving in Iraq for the last year, would he be ineligible to run for elected office?

Although then, granted, we get into exactly which jobs qualify for the "you're still one of us" law? If he'd been a lobbyist in DC, does that get him a pass? How about if he'd been a civil service employee? There has to be a line somewhere.

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Frankly, I have a problem with this.

IMO, there are at least some jobs where, when you take the job, you shouldn't lose your citizenship of (wherever you were when you took the job).

If he'd been serving in Iraq for the last year, would he be ineligible to run for elected office?

Although then, granted, we get into exactly which jobs qualify for the "you're still one of us" law? If he'd been a lobbyist in DC, does that get him a pass? How about if he'd been a civil service employee? There has to be a line somewhere.

I think you're taking too much from this one specific law.

He should have resigned earlier, if he wanted to run this time around. How hard is it for him to be a resident for a year?

He thinks he's above the law. Hopefully he'll be proven wrong.

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I think you're taking too much from this one specific law.

He should have resigned earlier, if he wanted to run this time around. How hard is it for him to be a resident for a year?

He thinks he's above the law. Hopefully he'll be proven wrong.

I have no idea what the Illinois law says or how it has been interpreted in the past. Do you?

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This is Chicago we are talking about. Rahm will bribe someone and get on the ballot then he will have thousands of dead people help vote him in. Nothing smells of corruption more than Chicago politics. Remember: vote early, vote often.

Nothing smells more than dead fish wrapped in newspaper.

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I have no idea what the Illinois law says or how it has been interpreted in the past. Do you?

http://chicago.cbslocal.com/2011/01/24/breaking-court-tosses-emanuel-off-ballot/

Illinois state law says a candidate for mayor is required to have lived in the municipality where he is running for at least one year prior to the election. But Emanuel’s team has argued that exceptions can be made for national service.

The court agreed that Emanuel’s reason for leaving Chicago constituted “business of the United States,” but argued that this still did not qualify him for the ballot.

“In our view, the exception… applies only to voter residency requirements, not to candidate residency requirements,” the court wrote.

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Frankly, I have a problem with this.

IMO, there are at least some jobs where, when you take the job, you shouldn't lose your citizenship of (wherever you were when you took the job).

If he'd been serving in Iraq for the last year, would he be ineligible to run for elected office?

Although then, granted, we get into exactly which jobs qualify for the "you're still one of us" law? If he'd been a lobbyist in DC, does that get him a pass? How about if he'd been a civil service employee? There has to be a line somewhere.

Really easy test to see if he was still a resident of Illinois. Was he still paying Illinois income taxes? If so he should be considered a resident, if not then not.

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http://chicago.cbslocal.com/2011/01/24/breaking-court-tosses-emanuel-off-ballot/

Illinois state law says a candidate for mayor is required to have lived in the municipality where he is running for at least one year prior to the election. But Emanuel’s team has argued that exceptions can be made for national service.

The court agreed that Emanuel’s reason for leaving Chicago constituted “business of the United States,” but argued that this still did not qualify him for the ballot.

“In our view, the exception… applies only to voter residency requirements, not to candidate residency requirements,” the court wrote.

Well, he might not win, but that doesn't seem like a ridiculous argument to me.

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http://chicago.cbslocal.com/2011/01/24/breaking-court-tosses-emanuel-off-ballot/
Illinois state law says a candidate for mayor is required to have lived in the municipality where he is running for at least one year prior to the election. But Emanuel’s team has argued that exceptions can be made for national service.

The court agreed that Emanuel’s reason for leaving Chicago constituted “business of the United States,” but argued that this still did not qualify him for the ballot.

“In our view, the exception… applies only to voter residency requirements, not to candidate residency requirements,” the court wrote.

Sounds to me like the court has ruled that yes, if he'd been serving in Iraq for the last year, then he's ineligible

I've got a problem with that.

.

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Sounds to me like the court has ruled that yes, if he'd been serving in Iraq for the last year, then he's ineligible

I've got a problem with that.

.

Correct me if I'm wrong,but servicemen remain a resident of their state unless they change it.

And no I don't think being a politicians aide is comparable

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Correct me if I'm wrong,but servicemen remain a resident of their state unless they change it.

The court is ruling that yes, he was legally a resident of Chicago. But that the rules to run for office require that you must have actually slept in that house for the last year.

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Well, he might not win, but that doesn't seem like a ridiculous argument to me.
Sounds to me like the court has ruled that yes, if he'd been serving in Iraq for the last year, then he's ineligible

I've got a problem with that.

.

I have no opinion on this to be honest, and I have no idea if this will stand. Just figured I'd throw in why the court ruled the way it did. Though if it were up to me, someone in the military would get an exception. As for politicians/lobbiests/other government functionaries who still reside in the US....I don't know how I feel about that, honestly.

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The court is ruling that yes, he was legally a resident of Chicago. But that the rules to run for office require that you must have actually slept in that house for the last year.

per your servicemen question

Here's the relevant law: (65 ILCS 5/3.1‑10‑5) (from Ch. 24, par. 3.1‑10‑5) Sec. 3.1‑10‑5. Qualifications; elective office. (a) 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, except as provided in subsection © of Section 3.1‑20‑25, subsection (B) of Section 3.1‑25‑75, Section 5‑2‑2, or Section 5‑2‑11. (B) A person is not eligible for an elective municipal office if that person is in arrears in the payment of a tax or other indebtedness due to the municipality or has been convicted in any court located in the United States of any infamous crime, bribery, perjury, or other felony. © A person is not eligible for the office of alderman of a ward unless that person has resided in the ward that the person seeks to represent, and a person is not eligible for the office of trustee of a district unless that person has resided in the municipality, at least one year next preceding the election or appointment, except as provided in subsection © of Section 3.1‑20‑25, subsection (B) of Section 3.1‑25‑75, Section 5‑2‑2, or Section 5‑2‑11. (d) If a person (i) is a resident of a municipality immediately prior to the active duty military service of that person or that person's spouse, (ii) resides anywhere outside of the municipality during that active duty military service, and (iii) immediately upon completion of that active duty military service is again a resident of the municipality, then the time during which the person resides outside the municipality during the active duty military service is deemed to be time during which the person is a resident of the municipality for purposes of determining the residency requirement under subsection (a). (Source: P.A. 95‑61, eff. 8‑13‑07; 95‑646, eff. 1‑1‑08; 95‑876, eff. 8‑21‑08.)

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The court is ruling that yes, he was legally a resident of Chicago. But that the rules to run for office require that you must have actually slept in that house for the last year.

"llinois state law says a candidate for mayor is required to have lived in the municipality where he is running for at least one year prior to the election"

Seems pretty easy to understand. You want to run for mayor of Chicago, then live there 1 year prior to the election. What so hard to understand about that? Rahm wants to twist & shout his way onto the ballot. Rahm did not meet the requirements of Illinois law. But this is Chicago, the most corrupt city in the nation and nothing will surprise me here.

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"llinois state law says a candidate for mayor is required to have lived in the municipality where he is running for at least one year prior to the election"

Seems pretty easy to understand. You want to run for mayor of Chicago, then live there 1 year prior to the election. What so hard to understand about that? Rahm wants to twist & shout his way onto the ballot. Rahm did not meet the requirements of Illinois law. But this is Chicago, the most corrupt city in the nation and nothing will surprise me here.

Again: If he's been serving in Iraq (or at Fort Benning, for that matter), then in your opinion, he's intelligible to run for Mayor?

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