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View Diary: Illinois Supreme Court puts Rahm Emanuel back on ballot (371 comments)

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  •  None of it has a bearing on the decision (2+ / 0-)
    Recommended by:
    drmah, glassbeadgame

    Adam appears to be making a narrow point about the law in Il.

    Particularly the bit about whether or not the candidate "abandoned" his residence under that law.

    The Court held that he had is all. They were, apparently quite wrong.

    The Dissent is funny.

    We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

    by twigg on Tue Jan 25, 2011 at 10:49:31 AM PST

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    •  Based On? (1+ / 0-)
      Recommended by:
      JeffW

      The Court held that he had is all. They were, apparently quite wrong.

      The Supreme Court hasn't even heard the case yet.

      •  Read the Dissent. nt (1+ / 0-)
        Recommended by:
        glassbeadgame

        We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

        by twigg on Tue Jan 25, 2011 at 11:36:21 AM PST

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        •  asdf (0+ / 0-)

          We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

          by twigg on Tue Jan 25, 2011 at 11:41:43 AM PST

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        •  The dissent basically says (2+ / 0-)
          Recommended by:
          BirthTax, wsexson

          actually residing in does not mean actually residing in, and posits the question:

          Q.

          How many days may a person stay away from his home before the majority would decide he no longer "actually resides" in it?

          A. Uh, I'd say if a person has signed a long term lease with someone to rent their home, while they move to Washington DC, they no longer actually reside.

          "we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex" Dwight D. Eisenhower

          by bobdevo on Tue Jan 25, 2011 at 12:26:38 PM PST

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          •  The law doesn't say that (0+ / 0-)

            The law says that "an intent not to return" has to be demonstrated, and this is usually done by any numbe of features, none of which apply here.

            Emmanuel never changed his Driver's License, he rented a property, his stuff was still stored in the Chicago house, he returned regularly, banked in Chicago. Voted in Chicago.

            All indicators that he was away working temporarily.

            The Bench appears to have changed the law, which is pretty much what the dissent says.

            We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

            by twigg on Tue Jan 25, 2011 at 01:27:03 PM PST

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    •  He effectively abandoned it for the year (3+ / 0-)
      Recommended by:
      bobdevo, wsexson, twigg

      that he leased it to his tenant. He and his tenant can't inhabit the same house at the same time, and only one of them had a right to physical occupancy.

      "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

      by Loge on Tue Jan 25, 2011 at 11:14:15 AM PST

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      •  Read the Dissent nt (0+ / 0-)

        We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

        by twigg on Tue Jan 25, 2011 at 11:36:44 AM PST

        [ Parent ]

        •  asdf (0+ / 0-)

          We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

          by twigg on Tue Jan 25, 2011 at 11:42:19 AM PST

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        •  What makes you think I didn't? (0+ / 0-)

          Does the dissent announce itself as right and true, the way the Archangel Gabriel announced himself to the Virgin Mary?  It didn't have that effect on me.

          "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

          by Loge on Tue Jan 25, 2011 at 11:43:28 AM PST

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          •  Fine, whatever. (0+ / 0-)

            We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

            by twigg on Tue Jan 25, 2011 at 01:10:27 PM PST

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          •  I think you didn't (0+ / 0-)

            because nowhere in the law has the residency been "abandoned" if there is a demonstrable intent to return ... There isn't a time qualifier.

            Rahm very easily demonstrated his intent to return, and the decision was wrong.

            There is a time qualifier for voting, and for being on the ballot, but the term "abandoned" is an absolute ... he "abandoned" his residency, or he didn't, there are no qualifiers.

            In this case he quite clearly didn't, and everything presented supports that.

            We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

            by twigg on Tue Jan 25, 2011 at 02:38:06 PM PST

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            •  I never said he abandoned his "residency," (2+ / 0-)
              Recommended by:
              Adam B, twigg

              I said he "didn't reside" in Chicago during the time period.  The word is used in two distinct ways.

              "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

              by Loge on Tue Jan 25, 2011 at 03:20:02 PM PST

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              •  Oh .. I accept that (0+ / 0-)

                However, he doesn't have to reside there in order to maintain "residence" ... That is why it will be overturned.

                We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

                by twigg on Tue Jan 25, 2011 at 03:37:14 PM PST

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                •  It might be, (1+ / 0-)
                  Recommended by:
                  twigg

                  but I read the statute to require a separate, physical residence requirement.  There's qualified elector, which he meets, and then "has resided in," which has a different verb from "maintain residence."  The latter can be accomplished by having an intend to return and whatever else Rahm did.  The former, not so much.  

                  "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

                  by Loge on Tue Jan 25, 2011 at 03:55:12 PM PST

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                  •  I think it's the other way round (0+ / 0-)

                    He has a long established residency in Chicago.

                    The question is whether or not he ever "abandoned" it, which he appears not to have.

                    We do not forgive our candidates their humanity, therefore we compel them to appear inhuman

                    by twigg on Tue Jan 25, 2011 at 04:02:57 PM PST

                    [ Parent ]

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