Actually Misery, he had won two previous rulings already, so it's not out of the blue.
IF thats the case, then who's this judge? Where's the resistance coming from?
Rahm Emanuel Off The Ballot In Chicago Per The Court!
by minimus 63 Replies latest jw friends
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purplesofa
Rahm Emanuel booted off ballot in 2-1 Appellate Court decision
BY ABDON M. PALLASCH AND FRAN SPIELMAN
Staff Reporters
Last Modified: Jan 24, 2011 01:45PM
Rahm Emanuel was thrown off the ballot for mayor of Chicago today by an appellate court panel, a stunning blow to the fund-raising leader in the race.
An appellate panel ruled 2-1 that Emanuel did not meet the residency standard to run for mayor.
Appellate justices Thomas Hoffman and Shelvin Louise Marie Hall ruled against Emanuel. Justice Bertina Lampkin voted in favor of keeping President Obama’s former chief of staff on the Feb. 22 ballot.
Emanuel, speaking to reporters at The Berghoff in the Loop, said he is confident he will win an appeal and return to the ballot.
“I have no doubt at the end we will prevail,” Emanuel said. “As my father has said, nothing is ever easy.”
The Emanuel campaign sent out a text to its supporters asking them to assemble at 5 p.m. at Dearborn and Washington to “rally for Rahm’s right to be on the ballot and let Chicagoans choose.”
Emanuel argued that leaving Chicago to serve the president should count as serving the country — and allow him to retain his Chicago residency despite spending two years serving Obama in Washington, D.C.
Emanuel’s attorneys are expected to use Lampkin’s dissenting opinion to appeal the case to the Illinois Supreme Court.
In today’s ruling, Hoffman wrote: “We ... order that the candidate’s name be excluded (or if, necessary, be removed) from the ballot.”
Chicago’s bar associations have always rated Justice Hoffman as one of the most knowledgeable judges on the appellate court. He has published numerous books and other judges often cite his opinions.
He dominated the questioning at oral arguments Wednesday, pressing Emanuel’s attorneys hard on whether Emanuel could really “dwell conceptually” in a house he could not enter.
Emanuel had won two previous rulings — before the Chicago Board of Election Commissioners and a Cook County judge. The case was appealed to the appellate court, which handed down the ruling before noon Monday.
Opponents have argued Emanuel is not a resident of Chicago because he rented out his North Side home while serving as chief of staff to Obama. The renter — Rob Halpin — refused to allow Emanuel to move back in after Mayor Daley’s announcement last year that he would not seek re-election. Halpin briefly ran for mayor himself.
Burt Odelson, the attorney who led the charge to throw Emanuel off the ballot, said the appellate court appears to have adopted all of his arguments that the state municipal code requires candidates for mayor in Illinois to reside within the town in which they’re running for a year prior to Election Day.
Emanuel’s attorneys had argued state election code, which covers eligibility to vote, should also count toward eligibility to run for mayor. However, Justice Hoffman wrote: “neither the [election] board nor the party have, however, referred us to any Supreme Court opinion ratifying, adopting or directly addressing this approach.”
Emanuel attorney Mike Kasper said he would file an appeal with the state Supreme Court either today or Tuesday. He said having the one dissenting opinion from Justice Lampkin should help his cause.
Odelson noted that the Supreme Court may decide that Hoffman so thoroughly addressed the legal issues in his opinion, that the Supreme Court may not even take the case.
However, Odelson said he may not oppose Kasper’s request to have the Supreme Court hear the case because this is an important enough issue that the state’s highest court should probably weigh in.
Emanuel’s opponents in the race —including Gery Chico, Carol Moseley Braun and Patricia Van Pelt-Watkins -- quickly scheduled afternoon news conferences to react to the news.
Chico has taken pains to steer clear of the residency challenge and publicly support Emanuel’s right to run for mayor. He campaign did the same after Monday’s ruling.
Brooke Anderson, a spokeswoman for Chico, issued the following statement: “From day one, Gery Chico’s campaign has been about putting Chicagoans back to work, making our neighborhoods safer and giving our children the education they deserve. Today’s news is a surprise but it will not impact how we run our campaign. Gery will continue to work for every vote and lay out his plans to take Chicago in a whole new direction.”
Mayoral hopeful Miguel Del Valle, in a statement, brought up the $11.7 million that Emanuel has collected in just three months to bankroll a mayoral campaign that has now been thrust into legal limbo.
“It looked like money was going to decide this election,” del Valle said. “The voters now have a rare opportunity to shape this city’s future.”
In an interview, del Valle, the current City Clerk, said he expects the Supreme Court to take the case, overturn the Appellate Court ruling and put Emanuel back on the ballot where he belongs.
But he said, “The political effect of this decision is that some of the voters out there who thought this election was a foregone conclusion will now take a first or second look at the other candidates. That‚s good for Chicago.
“Rahm Emanuel has amassed an obscene amount of money and it’s not right. Gery Chico’s fundraising from individuals doing business with the city is not right. . . .This election should be decided by people in the neighborhoods, not by multi-millionaires —both in Chicago and out of state —who thought they had already bought this election.”
If Chico inherits much of Emanuel’s support, pressure would intensify for del Valle to drop out of the race. But the retiring City Clerk bristled at the suggestion that he should throw his support to Chico, the only other Hispanic in the race.
“I am a candidate who has a lot to offer. Why should [I]? It never crossed my mind. Not at all,” del Valle said. “This election is a wonderful opportunity to present voters with real choices. Why would I deny [them] that? That’s why I thought the residency issue was a distraction and that voters should have choices, including Rahm Emanuel.”
The Board of Elections has not yet printed up the ballot.
Odelson said Board of Elections attorney Jim Scanlon told him that as of this moment, Emanuel’s name would stay off the ballot.
Emanuel’s attorneys will likely ask for a “stay” of the order today or Tuesday. If that is granted, Emanuel’s name could go back on the ballot.
Ald. Pat O’Connor (40th), Daley’s City Council floor leader, is among a handful of North Side ward bosses firmly in Emanuel’s camp. If the Supreme Court affirms Monday’s ruling or takes a pass, O’Connor would be like a man without a country.
“It puts me where I’ve always been. I’ve supported Rahm since he announced. I’ll support him until it’s determined he can no longer be a mayoral candidate,” O’Connor said.
Pressed to identify his second choice, O’Connor said, “I wouldn’t even speculate on that. I’m hoping he’s on the ballot and it works out. If not, we’ll reassess and see who’ll have us. If the polls are correct, Gery Chico and Carol Moseley Braun are pretty close. I don’t know who would become the frontrunner. But, I’m not quite certain I’m giving up on our current frontrunner.”
Another ward boss, who asked to remain anonymous, predicted that Chico would be the “primary beneficiary” if Emanuel is knocked off the ballot.
“If you were for Rahm, he’s kind of a business-like person who can get things done. Gery is a similar personality. He’s more like Rahm than Carol is like Rahm. More people in Rahm’s camp would default to him than to Carol,” the committeeman said.
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zeroday*
**tearing up** poor Rahm...
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leavingwt
I'm confident that he will win his appeal.
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drewcoul
Municipal elections are not federal issues. It's pretty simple. The municipal ordinance is that anyone running for mayor must RESIDE in the city for one year prior to the election. Since this requirement doesn't violate anyone's rights (ie: they don't say, "no one armed amputees may run for mayor) it is completely the right decision. Gotta love Chicago politics.
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RubaDub
Seems a bit strange to me.
What if he was sent to Iraq for two years and came back? Would he still be treated as a non-resident?
I guess the same would be true of College students, if that's the law in Chicago. If you go to another city, state or country to study, then I guess you are a non-resident.
Seems strange when someone is asked by the President to "serve ones country" and actually goes to Washington, completes the service, returns "home" and yet is considered a non-resident.
I guess that's the way Chicago works.
Rub a Dub
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foodalls
The REAL reason he is off the ticket is because his name is in the "Pandora Suitcase" and he will standing trail for "Grand Treason".
His name will come up during the schedualed "Annoncements" this year. He will also go on trail in the ICJ in the Hauge for "Crimes against Humanity"!
There will be about 870 Names you will be hearing about too...MOST INSIDE OUR GOVERNMENT.
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foodalls
Oh...one more thing...he has a "Dual-Citizenship"...Isreal and USA...Thats the other reason WHY he will NEVER hold an office here ANYWHERE!...IN the USA!
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purplesofa
He only retained his dual-citizenship until he was 18.
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RubaDub
The REAL reason he is off the ticket is because his name is in the "Pandora Suitcase" and he will standing trail for "Grand Treason".
His name will come up during the schedualed "Annoncements" this year. He will also go on trail in the ICJ in the Hauge for "Crimes against Humanity"!
There will be about 870 Names you will be hearing about too...MOST INSIDE OUR GOVERNMENT.
foodalls ... I bet you watch Glenn Beck, own a radio with a crank that doesn't need batteries and have stored a year's supply of food and water in your bomb-shelter. Rub a Dub