Chicago Mayor Election 2011: Emanuel has big lead in Tribune poll

[Grumpier Than Uncle Joe]

It's a done deal, cinyc.  He's going to be on the ballot......and win.

[Хahar 🤔]

In Minnesota in 2002, a State Senator was drawn outside of his district after redistricting. He got his friend who owned a bar in the district that had a weird unused room in the backroom to "rent" him that room for like $50/month and declared that his official residence. It stood.

I don't think that residency requirements for state legislatures are constitutional.

[I spent the winter writing songs about getting better]

In Minnesota in 2002, a State Senator was drawn outside of his district after redistricting. He got his friend who owned a bar in the district that had a weird unused room in the backroom to "rent" him that room for like $50/month and declared that his official residence. It stood.

I don't think that residency requirements for state legislatures are constitutional.

Well he still wanted to "live" in the district for obvious reasons. Not that it really mattered as he actually lived in St. Paul. (My old State Senator by the way from when I lived in Mankato and former DFL Majority Leader.)

[cinyc]

In Minnesota in 2002, a State Senator was drawn outside of his district after redistricting. He got his friend who owned a bar in the district that had a weird unused room in the backroom to "rent" him that room for like $50/month and declared that his official residence. It stood.

I don't think that residency requirements for state legislatures are constitutional.

And the reason for that is what?  

If the residency requirement is in the state constitution, it is by definition constitutional.  And the feds should have no say over residency requirements for state officials.

[JohnnyLongtorso]

A state legislator in Utah recently had to resign because it was discovered he lived outside of his district, but nobody realized it until now.

[jimrtex]

In Minnesota in 2002, a State Senator was drawn outside of his district after redistricting. He got his friend who owned a bar in the district that had a weird unused room in the backroom to "rent" him that room for like $50/month and declared that his official residence. It stood.

I don't think that residency requirements for state legislatures are constitutional.

Yes they are.   California is confused on this issue.

The California Supreme Court ruled on durational residence requirements for city officials at about the same time there were a bunch of federal court rulings upholding legislative durational requirements for various states.  The California made note of these decisions and noted that they all applied to legislatures, and their decision only applied to city officials.

The last time a legislative durational requirement had come up, there were some fact issues as to whether a candidate had lived in the district long enough.  The California Supreme Court vacated the decision of a lower court, saying that they shouldn't have even considered the issue, since each house of the legislature determines whether its members are qualified and properly elected - not the judicial or executive branches.

Nonetheless, the SOS (Jerry Brown at that time) decided that durational requirements for the legislature were not valid.  It has never really mattered since he didn't have the authority to determine if candidates were qualified in the first place.

But last year there was a case where an assemblyman had moved into a senate district where the incumbent decided not to run (the assemblyman had represented a large chunk of the senate district, but he lived in a part of the assembly district that was not in the senate district).

This was challenged in court.  A lower court ruled that the SOS could decide who was eligible to run, since he had a duty to make the voters pamphlet accurate, and it was OK for him to interpret the US constitution in a way that no federal court ever has.  The California Supreme Court didn't take the case.  But they could have just decided that it was a matter for the legislature to decide.

[Queen Mum Inks.LWC]

Well, after reading Judge Bertina Lampkin's dissent along with Judges Thomas Hoffman and Shelvin Louise Marie Hall's majority opinion, I think I've reversed my opinion here... Just reading the statute wasn't really enough, without getting some of the details of the circumstances to this case, and I find myself agreeing with Lampkin.  The precedent is on Emanuel's side.

[jimrtex]

A state legislator in Utah recently had to resign because it was discovered he lived outside of his district, but nobody realized it until now.

He and about 600 voters.

He had moved into an area of Cedar Hills that was newly annexed and being developed, and it was apparently the intent of the legislature to include the entire city in the district.  Utah doesn't actually define their legislative districts in statute, rather the legislative district are approved, and the official version is a map in the Lt.Governor's office.  

County officials (in Utah County) had maps based on the city limits, and had been administering elections since 2002 on those boundaries (which also happened to be a senate and congressional district boundary).

Utah came up with a nifty new application to show district boundaries, which shows them overlaying satellite photos, so you can zoom in on your house, click on it and it will show who your representatives are.   The Utah representative thought this was pretty cool until he tried it and found that it showed another representative for his house.  If he hadn't gone to that web site, no one would have never known.

The official district boundary cuts through the middle of a subdivision, and even houses, without following streets, and it appears that there are no connection to the rest of the official district, other than being on one side of a line.

[RodPresident]

We already had problem with residency requirements. In 1965,Marshal Henrique Lott tried Guanabara's governorship (Rio de Janeiro City was a state), but he was barred due to this. Many people believe that was a maneuver by military dictatorship to prevent the election of an opposition leader. During Empire and 1946-64, we hadn't residency requirements. In 1945 elections, Prestes and Vargas got elected by many states and in 1958, Jânio was elected federal deputy for Paraná.

[Хahar 🤔]

In Minnesota in 2002, a State Senator was drawn outside of his district after redistricting. He got his friend who owned a bar in the district that had a weird unused room in the backroom to "rent" him that room for like $50/month and declared that his official residence. It stood.

I don't think that residency requirements for state legislatures are constitutional.

Yes they are.   California is confused on this issue.

The California Supreme Court ruled on durational residence requirements for city officials at about the same time there were a bunch of federal court rulings upholding legislative durational requirements for various states.  The California made note of these decisions and noted that they all applied to legislatures, and their decision only applied to city officials.

The last time a legislative durational requirement had come up, there were some fact issues as to whether a candidate had lived in the district long enough.  The California Supreme Court vacated the decision of a lower court, saying that they shouldn't have even considered the issue, since each house of the legislature determines whether its members are qualified and properly elected - not the judicial or executive branches.

Nonetheless, the SOS (Jerry Brown at that time) decided that durational requirements for the legislature were not valid.  It has never really mattered since he didn't have the authority to determine if candidates were qualified in the first place.

But last year there was a case where an assemblyman had moved into a senate district where the incumbent decided not to run (the assemblyman had represented a large chunk of the senate district, but he lived in a part of the assembly district that was not in the senate district).

This was challenged in court.  A lower court ruled that the SOS could decide who was eligible to run, since he had a duty to make the voters pamphlet accurate, and it was OK for him to interpret the US constitution in a way that no federal court ever has.  The California Supreme Court didn't take the case.  But they could have just decided that it was a matter for the legislature to decide.

Ah, I see. Thanks for the clarification. I always found the way California does things rather strange.

[muon2]

Well, after reading Judge Bertina Lampkin's dissent along with Judges Thomas Hoffman and Shelvin Louise Marie Hall's majority opinion, I think I've reversed my opinion here... Just reading the statute wasn't really enough, without getting some of the details of the circumstances to this case, and I find myself agreeing with Lampkin.  The precedent is on Emanuel's side.

Your reading matches what most of the pundits here have been saying. However, the judiciary in IL can be quite political at times - they are elected by party and often slated by party bosses.

In this case, it's worth noting that one very prominent Chicago alderman is backing a candidate other than Rahm. That alderman also has had a very active role in slating judges over the last few decades. That same alderman's wife currently sits on the IL Supreme Court. Not that this means anything ...

[cinyc]

It's a done deal, cinyc.  He's going to be on the ballot......and win.

Yes.  The die has been cast.  The Illinois Supreme Court reversed the appellate court's ruling.

Edit: The text of the decision is here.  It appears to be unanimous, though there is a separate concurring opinion.

[Lunar]

http://www.politico.com/news/stories/0111/48260.html

2 page story on a fake twitter feed

[Keystone Phil]

http://www.politico.com/news/stories/0111/48260.html

2 page story on a fake twitter feed

Politico could come up with a two page story on Jeff Merkley's choice of socks.

[JohnnyLongtorso]

And knowing Politico, it would include something like this: A senior Democratic aide expressed concern at Merkley's choice of socks. "He's wearing argyle. This kind of action could be the beginning of a huge Republican wave."

[cinyc]

http://www.politico.com/news/stories/0111/48260.html

2 page story on a fake twitter feed

My only question is how did they find a tweet from that account without a swear word in it for their graphic?

[Lunar]

http://www.politico.com/news/stories/0111/48260.html

2 page story on a fake twitter feed

My only question is how did they find a tweet from that account without a swear word in it for their graphic?

They had to look through hundreds of them most likely.  Great point.

I linked to that Twitter account in this thread, so I contributed to this!

[Queen Mum Inks.LWC]

The IL Supreme Court has released their opinion, reversing the appelate court (and really going after them for their decision):

http://www.state.il.us/court/Opinions/SupremeCourt/2011/January/111773.pdf

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And in the special concurrence:

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[milhouse24]

OKAY, How About Rahmbo return the freaking money he collected in Rent as an absentee Landlord over the last 2 years.  He thought that getting money was more important than relinquishing is residency in Chicago. 

If his Intentions were pure, in living in Chicago, then why rent out his "HOME" at all???!!!???

Any Landlord can leave "on government business" and rent out his house and then come back and run for office.  But the govt and military usually pay you a stipend to cover living expenses. 

There was no need whatsoever for Rahmbo to rent out his "house" but he chose to, and he should face the consequences or at least return all the Rental money in "good faith" which I doubt he will do.

[DrScholl]

Carol Moseley Braun goes off

http://www.youtube.com/watch?v=--h8YDYfc2o&

[Mexino Vote]

Carol Moseley Braun goes off

http://www.youtube.com/watch?v=--h8YDYfc2o&

I love Braun hahaha

[tmthforu94]

God I love that woman, lol.

[Lunar]

This was the woman that was trying to make Rahm's temperament a significant issue, using her one opportunity in a major debate to question Rahm about that

[Lunar]

http://www.redstate.com/laborunionreport/2011/02/05/rahm-rips-public-sector-workers-in-campaign-ad/

[Lief 🗽]

Oh, so he's the Republican candidate. Makes sense.