We are not the first to draw the distinction between voters and candidates for purposes of the type of exception contained in section 3-2 of the Election Code. The exception traces to Illinois’ founding charter, which imposed a residency requirement on state representatives but excepted those who were “absent on the public business of the United States.” Ill. Const. 1818, art. II, §3. Illinois’ next constitution, in 1848, stated the exception three times: once for state representatives (Ill. Const. 1848, art. III, §3), once for state senators (Ill. Const. 1848, art. III, §4), and once for voters (Ill. Const. 1848, art. VI, §5). The 1848 Constitution thus separately delineated “business of the United States” exceptions for candidates and for voters. Illinois’ next constitution, in 1870, retained the “business of the United States” exception as it related to voters (see Ill. Const. 1870, art. VII, §4), yet conspicuously omitted the exception as it related to candidates. (The voter exception was later incorporated into the Election Code (see 1959 Ill. Laws 2168) and was not included in our current constitution.)
This history tells us that, for purposes of the “business of the United States” residency exception, this State has for over 150 years recognized a distinction between voters and candidates and has retained the exception only for voters. That revelation, combined with our interpretation of the language of section 3-2 and its interrelation with subsection 3.1-10-5(d) of the Municipal Code, convinces us that section 3-2’s “business of the United States” exception applies only to voters, not to candidates. Accordingly, it cannot avail the candidate here. For the foregoing reasons, we conclude that the candidate neither meets the Municipal Code’s requirement that he have “resided in” Chicago for the year preceding the election in which he seeks to participate nor falls within any exception to the requirement.
Can Rahm ‘Amend’ Things This Time?
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Great job Theo!
This discesion was not all that earth shattering in Chicago… if any thing it seems corrupt on the surface still.
Both of the Appelate Judges that ruled against Rahm are politically connected or invested in canidates running against Rahm. Both are former Cook County Judges who was hand picked by alderman.
And now Rahm Emmanuel has to appeal to the Supremes where Anne Burke sits on the court.
Her husband Ed Burke has already threw all his support behind Gary Chico. Anne Burke should show some integrity and recuse herself. Well have to wait and see. By the way Gary Chico is connected politically to Blago.
Dear Black,
Let us not inappropriately infer that the Burke’s are fixing this as Chuck Goudie would probably like people to consider (after watching his stupid piece last night). Rahm is the one that appears to some people to have fixed every election related hearing thus far, as the law is clearly not on his side (with the exception of the appellate matter). If you are backing Rahm, fine, but perhaps you should not make a comment at all on a thread like this if you want to serve your candidate well?
Again, great job Theo!
Who is my canidate Joe F ? I do think Rahm is corrupt, but he is playing on a equal playing field. And it did not take Chuck Goudie piece (which I have not seen) to figure out Ed Burke would have a vested interest in this election.
They finally get Daley out of their after all these years of tyranny and you dont think another TYRANT like Ed Burke is going to have his fingerprints all over this thing. Come on Joe !
I just want to see a good ol fashion Chicago Style corruption battle. I want to see who can corrupt their way to the top fair and square. Chico belongs to Ed Burke. Like Marco does to Johnny D.
Ed Burke will control Chicago, city hall and the council if Chico wins. OF course you have the dark horse in Mosely Braun.
But if Rahm gets on that ballot its lights out for Burke and he has been waiting on this moment for 40 plus years. The guy is a Tyrant and his wife is a manipulator of the law. This was a good piece though by Theo well researched … but all for not I believe at the end of the day.
Dear Black,
What Democratic judge or former judge in Cook County does not have some political tie to Burke, Daley or Rahm? Only a few, probably only the few Republican judges and former judges in Cook County.
Aside from your opinion of them, neither of the Burke’s has sent a dead fish to anyone.
The only ‘appropriate’ thing for Anne Burke to do IS recuse herself and no inappropriate inferences will be made.
BTW I think that is what she’ll do. I also think the Supreme Court will not reverse the Appellate Court’s ruling.
Then I see Emanuel trying to get on his home court and somehow file in a Fed Court on imaginary civil rights violations. Someone in Chico’s camp should tally up the cost of all the hearings/proceedings and reprinting/reprogramming ballots and give the public a number.
Joe,
How’s it going? It’s me, Teets. This is a really interesting article. I’m glad to see that you’re out of retirement.
Can you tell us some stories about Lee? Thanks.
My report isn’t finished yet because I couldn’t access my Google-documents account, but it will be ready tomorrow or Thursday.
Keep on keeping on! (LOL)
Best,
Teets
Dear Teets,
I would be happy to talk about Lee in one of the threads relevant to him.
It look like Rahm “amended” things in expeditious speed ! A resounding 7 – 0 Ill. Supreme Court decision to put Mr Emanuel back on the ballot. Wow. (Even Anne Burke voted in the majority).
Dear Black,
Today when I heard Republican Jim Thompson publically urge the Illinois Supreme Court to do the ‘right thing’ and put Rahm back on the ballot, I thought to myself, “Thompson was bought off by being promised that his client George Ryan will receive a commutation in the very near future.” As soon as I realized this possibility, I predicted to my friends that it would be a 5-2 vote by the Illinois Supreme Court in favor of Rahm, as Republicans do not stand to lose anything by helping Rahm. They do not have a candidate running for mayor of Chicago, which means they now stand to gain favors from the incoming mayor (Rahm) and his friend Obama – nice move Repubs. As far as the vote not coming out the way I predicted, I feel that Judge Burke and whichever other judge or judges who contemplated voting against Rahm most likely changed their vote when they realized they were outnumbered. Why would the minority number of judges want to make an unpopular ruling for nothing? What a shame. I do not dislike Rahm at all and I feel that he would be a great mayor, however, it stinks that law in Illinois is nothing but a ‘grey area’ for some people. Anyway, “Welcome home Governor Ryan!” And, “Congratulations on being our next mayor Mr. Emanuel!”
I totally agree with you JF, I never have trusted James Thompson. He is a genuine piece of hypocrite sh*t ! He personally put a whole lot of people in Federal Prison (even a ex Governor how Ironic). But he benefited a great deal from corruption.
And I would not be surprised if a “quid pro quo” is in the works. All though if Rahm wins he most likely will contact President Obama to commute George Ryans sentence (because a mayor cannot commute a Federal or state sentence).
But your right when Gov. Thompson publicly urged the Ill Supremes to “do the right thing” U knew something fishy was going on. I also agree on your thinking of Anne Burke, Judges on panels like that..
Judges that have no balls (like her) usually will go with the Majority instead of the alternative. Especially when the Presidents guy is about to be taken off the ballot. Rahm most likely will win now. I believe he will. And will have to wait and see what happens to Gov. Ryan.
When Thompson was Governor he was basically controlled by John D’Arco jr. Even though Mike Madigan was the Democratic majority whip throughout the 80s he was just D’Arco jr’s puppet. And D’Arco controlled Thompson.
Their wasn’t a piece of legislation that D’Arco didn’t get signed that he wanted signed. Thompson essentially was the Outfits guy from 1977-91. Ironically the same years state senator Johnny D’arco jr swung a big sword in Springfield.
Also when Thompson was governor in the late 1970/early 80s he appointed John Serpico to become Chairman of the Illinois International Port District. Serpico was a Outfit guy in the Unions.
And Thompson had to of known of Serpico’s connections because Johnny D‘Arco jr suggested him. Serpico actually got indicted years later on some other crap unrelated to being in the Unions.
On a side note I don’t think Jackie Cerone or your old pal Jackie Esq. like Gov Thompson either. In 1970 Thompson was trying to make a name for himself as a ball busting Outfit crusading assistant US Attorney and help indict Joe Nick, Cortina, The Wizard of Odds, James and Jackie Cerone on Federal Gambling charges.
A Federal Informant in that Cerone gambling case Lou Bombacino got murdered years later.
Anyhow Thompson has been jerking off Cook County, Illinois Tax payers and the general public for a half century.. The guy makes Blago look like Mother Theresa. James Thompson should be in the Fed joint himself.
Dear Black,
I am shocked that I have to clarify some things. Of course, Ryan’s commutation would come from Rahm’s political soul mate, Obama. The only thing a mayor could commute is a parking ticket.
I never suggested that Judge Burke was weak. My point was why she would vote against Rahm if her vote would not count. Black, the Supremes discuss their decisions amongst each other before issuing a ruling. It is not done secretly. Therefore, when she clearly saw that her purported decision to go against Rahm did not matter (because of being outnumbered), she voted the same way as the others to avoid looking like an a** hole, even though she is not an a** hole by any means. It had nothing to do with being weak.
I predict that Rahm will win by over 50 percent of the vote.
You wont have to wait long to see what happens to George Ryan.
Jim Thompson is one of the main reasons that my friend Conrad Black spent over 2-years in prison. Thompson was an advisor on Conrad’s audit committee and approved the vast majority, if not all, of the financial transactions that Conrad was later indicted on. It all came out in the trial. When Thompson testified, he stated something to the effect that he “skimmed the documents” and “took for granted” that he was not dealing with criminals when he “approved” everything.
It is funny that your shocked that clout win’s again…same old story in Chicago. Chicago’s combine is now federal, shocking. Is Madigan with Rahm or Ed Burke?
Dear Father,
Madigan is with whomever he has to be with.