Experts say Rahm Emanuel not a legal resident of city

[progressoid]

Source: Chicago Sun Times

Sunday, Rahm Emanuel announced in a video posted on a website that he is preparing to run for mayor of Chicago. But two of Chicago's top election lawyers say the state's municipal code is crystal clear that a candidate for mayor must reside in the town for a year before the election.

That doesn't mean they must simply own a home in the city that they rent out to someone else. They must have a place they can walk into, keep a toothbrush, hang up their jacket and occasionally sleep, the lawyers say.

Another three election lawyers say Emanuel could be thrown off the ballot on a residency challenge. None says Emanuel will have it easy.

....

Ironically, President Obama would have no problem coming back to Chicago to run for mayor because he never rented out his home and has come back to stay there on rare occasions.

...

Read more: http://www.suntimes.com/news/elections/2769580,CST-NWS-vote04.article

---

Ruh Roh.

[leveymg]

1. I recall that Rahm's wife and kids didn't come to DC with him. Where are they?

Presumably, he also has residence where they do. Unless, he hasn't visited them in a year.

[elehhhhna]

11. Winnetka, iirc. North Shore, lakefront-ish.

[leveymg]

15. Doesn't that satisfy the Chicago residence requirement?

I think he also owns a house in the city that he's been renting out.

[elehhhhna]

16. No. Must reside in the city, not the suburbs.

[leveymg]

18. It's in the same county. Cook Co. Do you have a link to the election law?

[leveymg]

19. Here's the money quote in the Chicago Sun-Times article: he's a resident

You have to read down to the very bottom: http://www.suntimes.com/news/elections/2769580,CST-NWS-vote04.article


Actually, Chicago Board of Elections officials have said, with the caveat that they cannot comment on specific cases and they won't know what objections will be raised against mayoral candidates until Nov. 29, that they start with the presumption of intent if a candidate maintains a home in Chicago and votes absentee there.

"It's the sense of the election board that if you keep ownership of the property, keep your registration there, you've voted absentee, as far as we know he hasn't registered anywhere else, it's just like members of the military who serve overseas in Iraq -- we don't deny them the right to vote; people who take corporate assignments overseas, and lease out their home as a fact of life, it doesn't mean they've left permanently," Chicago Board of Elections spokesman Jim Allen said.

"If you are a registered voter and continue to vote from your residence, you establish what we consider the intent to be a resident of the city of Chicago," Chicago Election Board Chairman Langdon Neal told CBS2Chicago.

[activa8tr]

2. Somehow, I see this as "justice" working...the fool can't run and

he can't get back in the White House..

Why would anyone have a life-long dream of being Mayor of Chicago anyway, makes no sense when you already are one of the most powerful people in the world inside the White House.

[Hubert Flottz]

3. RE : "Ruh Roh."

That's right Scooby, there's always Dog Catcher...

[Demeter]

4. It Couldn't Be That Easy

It never is.

[tularetom]

5. He was canned and this mayor story is face saving BS

If he left on his own to run for mayor and then found he was ineligible don't you think they'd welcome him back with open arms?

You know since he did such a great job and everything.

[TBF]

6. I think so too -

something weird about this.

Most people in the professional/executive world have their next job lined up (at least have their letter from their new employer, signing bonus, etc...) before they resign. All their ducks in a row so to speak.

Even in this case, when a run for mayor is not guaranteed employment, you'd think he'd know at least if he were eligible to run.

[Myrina]

13. Good catch

... why would he announce to run for Mayor if he knew ahead of time he didn't meet eligibility criteria?

Granted he IS an arrogant SOB but ... that arrogant? :shrug:

[rocktivity]

22. "Canned" is such an UGLY word

How about "he was let go in the nicest possible way"?

:evilgrin:
rocktivity

[lunatica]

7. But we already said our goodbyes!

[madrchsod]

8. maybe we caught a break here in illinois...

maybe some corporation will feel sorry for him and give him a job....:rofl:

[INdemo]

9. I was not a big fan of Emanuel as chief of staff

but with this article in the Sun Times I smell a Republican..
So it goes Emanuel hasn't been home for 18 months and rented his house when he took the COS job..So would this have meant that if he came home to vote in the midterm election he would not have been eligible..No dont think so..When he took the national public service job I believe he keeps his residency status..
OK.. lets say a Senator goes to Washington rents an apartment and does not go back to his home state for two years.. Is that Senator no longer eligible to serve as Senator?..Or maybe a better example might be a Congressman that stays in Washington for 18 months and then goes home to campaign for reelection ..Is that Congressman eligible to run?
There is a Republican behind this Sun Times article no doubt..And just who (need names) are these experts??
The "liberal" media will be all over this cause they will want to keep a story like this alive ...

[Odin2005]

10. HAHAHAHAHA!

:rofl:

[Myrina]

12. I wondered about that ...

:shrug:

[Roland99]

14. Nelson laugh

[AngryAmish]

17. In Illinois when you lease a premise you have no rights or obligations over it

You can only enter it (even to inspect) if you put that in the lease. Plus the obligations put upon you in local and state landlord-tenant laws. So, what is the point of this? You cannot live where you lease out the property. And if no live in the city (in fact legally barred from the sole place you own) then you cannot run.

A lease is an interest in a property for a period of time. It is the full use of the property, like a life estate. Do you think if Rahm gave a life estate instead of a lease to the renter he could claim he lived at the property?

[ixion]

20. "Experts say" someone doesn't want Rahm to run

is what I'm hearing...

[madamesilverspurs]

21. Oh where were such experts

when the Dick was placed on the ticket with Shrub? If memory serves, there is a Constitutional provision against both the President and Vice President being residents of the same state. Although The Dick originated in Wyoming, he'd been a legal resident of Texas for enough years to receive a special property tax credit; but to be on the safe side, The Dick scooted back to Wyoming and rented an apartment in order to claim residency in the state. And that was more than sufficient to satisfy the Republicans.

Love him or hate him, Rahm has never pretended to be anything but a Chicagoan.


-

[KamaAina]

24. The Constitutional provision is that the electors from that state can't vote for both

but when the state in question is as big as Texas, that's pretty much a dealbreaker.

[independent_voter]

23. I dont like him, but i think an exception should be made for federal service

that would actually be consistent with the founder's vision of citizen representation

[tavalon]

25. I'll take that . Anything

Please don't let him slip back to Washington DC. Please. We're begging you, Chicago, you have to take one for the team. Please.

[EFerrari]

27. LOL

We'll throw in a second one for FREE for the low low price of 19.99.



:rofl:

[tavalon]

29. If that's what it takes

We'll sweeten that pot any 'ol way. OTOH, one of my partners said that Rahm was leaving, voluntarily or not, anyway. So, he can spend time with any family who can still stand him.

[Safetykitten]

26. Poor guy. Nobody wants him.

[tavalon]

28. Poor guy?

No, fucking asshole.