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

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  •  We define residency (2+ / 0-)
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    jayden, 57andFemale

    pretty broadly in other areas of the law, so I think the idea that in this one area, it is to be defined very narrowly to be not very compelling.

    So to me, it's either ambiguous or it's broadly defined, but I see little evidence that it was intended to be more strictly defined than it is elsewhere in statute.

    •  But the appeals court held, (0+ / 0-)

      he met the residency requirements with respect to the standard that he be a qualified elector.  Here, there's additional langauge saying "resided in."  What is it doing there, if the statute is just codifying the common law of domicile?

      "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 11:05:13 AM PST

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    •  It's the word "has," really. (0+ / 0-)

      The requirement of "has resided," to my ears, sounds like something which requires something actual and continuous.  If he owned a summer place in the Wisconsin Dells, you might say that he has residence there for certain months, but not that he has resided there for the year.

      •  Would he have been eligible to run (1+ / 0-)
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        as a member of Congress? How about state legislators who spend most of their time in Springfield?

        Any construction prohibiting that would be absurd.

        Ok, so I read the polls.

        by andgarden on Tue Jan 25, 2011 at 11:11:11 AM PST

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        •  yes and "sure looks like it" (1+ / 0-)
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          For Congress, you only have to be an inhabitant of the state when elected.  For the Illinois General Assembly:

          To be eligible to serve as a member of the General Assembly, a person must be a United States citizen, at least 21 years old, and for the two years preceding his election or appointment a resident of the district which he is to represent.

      •  Does Illinois law not have the term "domiciled"? (0+ / 0-)

        I think "has resided" is better interpreted as meaning "has been a resident" than "has domiciled."

        ‎"Our greatest asset as advocates is a deep cognizance of our own ignorance, plus a willingness to do something about it." -Joseph Mitchell Kaye, 1966.

        by JR on Tue Jan 25, 2011 at 01:32:07 PM PST

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