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Old 11-15-2010, 06:57 PM
 
Location: Chicago
38,707 posts, read 103,146,737 times
Reputation: 29983

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Quote:
Originally Posted by Attrill View Post
The law leaves some room for intepretation, but does not explicity say THE year prior. It is covered by Illinois Municipal code (65 ILCS 5/6-3-9).
Yes, it does. That's what the "next" part is for, and it's why his opponents even have a colorable claim.

Quote:
Originally Posted by Attrill View Post
The lawyers challenging it will try to convince the Board of Elections, then the courts, that "at least one year next preceding his election" means the year immediately prior. Rahm's lawyers will argue that it means one year between the last election and the upcoming election. Intent always plays a large role in these decisions and the Board of Elections has already indicated that they will approve his candidacy. The state courts have also been lenient in their definition of residency, and a very unlikely to overturn the decision made by the Board of Elections.
Wrong, that it must be the year immediately prior to the election has been settled law for at least a century. The case will hinge on whether one can be considered a resident without having an actual residence where they are claiming residency. And unless someone clearly lives in the place they claim as their residence, the case will turn on facts and circumstances.
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Old 11-15-2010, 08:38 PM
 
11,531 posts, read 10,287,361 times
Reputation: 3580
What address does he list on his tax returns? Does he list his Chicago home as a second home or investment property?
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Old 11-15-2010, 09:51 PM
 
11,975 posts, read 31,779,208 times
Reputation: 4644
A lawyer on Chicago Tonight pointed out that there is another portion of the election code that states a person doesn't lose residency if they are doing business for the federal government. This is probably Rahm's ticket out of any residency trouble.
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Old 11-16-2010, 09:38 AM
 
Location: Tower Grove East, St. Louis, MO
12,063 posts, read 31,613,768 times
Reputation: 3799
This reminds me of the John McCain not being born in the US controversy. Just as in that case, I hope this is settled quickly and fairly. You don't have to like Rahm to think it would be very unfair to be discounted from the race because he was serving the federal government for less than 2 years.
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Old 11-17-2010, 03:09 PM
 
11,289 posts, read 26,184,687 times
Reputation: 11355
"No elector or spouse shall be deemed to have lost his or her residence in any precinct or election district in this State by reason of his or her absence on business of the United States, or of this State."

Read more: Rahm Emanuel Enters Chicago Mayor's Race, Makes Fast Start - TIME
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Old 11-17-2010, 04:37 PM
 
Location: Chicago
38,707 posts, read 103,146,737 times
Reputation: 29983
Rahm was not an elector during the relevant time period so he won't be able to hang his hat on that.
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Old 11-17-2010, 04:55 PM
 
Location: Schaumburg, please don't hate me for it.
955 posts, read 1,831,315 times
Reputation: 1235
Quote:
Originally Posted by Drover View Post
Rahm was not an elector during the relevant time period so he won't be able to hang his hat on that.
Isn't the definition of an elector to be "any citizen qualified to vote"? Why wouldn't he fit that description since he votes a chicago ballot?
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Old 11-17-2010, 05:26 PM
 
Location: Chicago
38,707 posts, read 103,146,737 times
Reputation: 29983
Quote:
Originally Posted by williepotatoes View Post
Isn't the definition of an elector to be "any citizen qualified to vote"? Why wouldn't he fit that description since he votes a chicago ballot?
Because I was confusing "elector" with "electee" that's why.
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Old 11-17-2010, 11:47 PM
 
Location: Chicago
4,085 posts, read 4,333,888 times
Reputation: 688
Never rule out Rahm getting knocked off the ballot. But don't think it is a given he will be knocked off.
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Old 11-18-2010, 12:16 AM
 
Location: Hawaii-Puna District
3,752 posts, read 11,507,785 times
Reputation: 2483
If someone who has been "serving at the will of the president" is knocked out of a local election based upon residency requirements, it will end up in the Supreme Court.
I don't like him, but his residency should be able to pass muster.
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