Chicago Mayor Election 2011: Emanuel has big lead in Tribune poll (user search)
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  Chicago Mayor Election 2011: Emanuel has big lead in Tribune poll (search mode)
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Author Topic: Chicago Mayor Election 2011: Emanuel has big lead in Tribune poll  (Read 12612 times)
jimrtex
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Posts: 11,817
Marshall Islands


« on: January 25, 2011, 05:32:19 PM »

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.
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jimrtex
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Posts: 11,817
Marshall Islands


« Reply #1 on: January 25, 2011, 05:50:22 PM »

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.
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