Experts say Rahm Emanuel not a legal resident of city

[Eric Johnson]

http://www.suntimes.com/news/electio...vote04.article

http://tinyurl.com/2962qbp

Courts may disagree

October 4, 2010

BY ABDON M. PALLASCH Political Reporter/apallasch@suntimes.com
The first question isn't: Can Rahm win? It's: Can Rahm run?

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.

-more-

[Buzz]

http://www.suntimes.com/news/electio...vote04.article

http://tinyurl.com/2962qbp

Courts may disagree

October 4, 2010

BY ABDON M. PALLASCH Political Reporter/apallasch@suntimes.com
The first question isn't: Can Rahm win? It's: Can Rahm run?

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.

-more-

I assume that this means that he still has time.

And I doubt that he even has to buy a home. Can't you have an apartment and still be considered a resident?

I doubt that Rahm would be dumb enough to quit his day job before he understood eligibility requirements.

[luvmylabs23139]

Chicago's election for mayor is Feb 22, 2011.

[road kill]

http://www.suntimes.com/news/electio...vote04.article

http://tinyurl.com/2962qbp

Courts may disagree

October 4, 2010

BY ABDON M. PALLASCH Political Reporter/apallasch@suntimes.com
The first question isn't: Can Rahm win? It's: Can Rahm run?

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.

-more-

These "EXPERTS" must not be familiar with Chicago style politics!!



RK

[Eric Johnson]

Nope. The election is Feb 22, 2011. He doesn't have a year by any stretch. That's what is going to make the process/decision so exciting to watch. He won't even be close to the residency time requirement.

Eric

[YardleyLabs]

From s legal perspective, the situation does not appear at all clear. If his time in Washington is viewed as a temporary assignment and he otherwise lived as a resident (paid resident taxes, maintained a resident driver's license and voter registration, etc.), there would be a good argument that his residency was continuous. Thus, it you were a university professor on e sabbatical and spent a year in Australian during which you rented out your house, you would normally still be considered a resident since you still owned your house, were engaged in a transitory assignment, and otherwise maintained your residency. At an easier extreme, if you did a house swap with another person during which you rented their house and they rented yours for a period of a 2-3 weeks, no reasonable person would consider that to be an interruption of residency. There are many situations where residency is not affected by temporary periods during which an individual is residing in another location (e.g. a reservist on assignment in Iraq who does not maintain a residence). Unless specific guidelines are provided in the law, it becomes a judgment call that could go either way.

[david gibson]

From s legal perspective, the situation does not appear at all clear. If his time in Washington is viewed as a temporary assignment and he otherwise lived as a resident (paid resident taxes, maintained a resident driver's license and voter registration, etc.), there would be a good argument that his residency was continuous. Thus, it you were a university professor on e sabbatical and spent a year in Australian during which you rented out your house, you would normally still be considered a resident since you still owned your house, were engaged in a transitory assignment, and otherwise maintained your residency. At an easier extreme, if you did a house swap with another person during which you rented their house and they rented yours for a period of a 2-3 weeks, no reasonable person would consider that to be an interruption of residency. There are many situations where residency is not affected by temporary periods during which an individual is residing in another location (e.g. a reservist on assignment in Iraq who does not maintain a residence). Unless specific guidelines are provided in the law, it becomes a judgment call that could go either way.

you are wasting your breath. its chicago style politics, it has nothing to do with any legal stipulations or formalities....

[subroc]

this is rich...he filmed his "I'm glad to be home" message in Washington.

http://www.politico.com/blogs/bensmi...t.html?showall

[road kill]

Not only will Rahm win, I am predicting right now he carries 100% of the dead voter block!!!


RK

[Marvin S]

From s legal perspective, the situation does not appear at all clear. If his time in Washington is viewed as a temporary assignment and he otherwise lived as a resident (paid resident taxes, maintained a resident driver's license and voter registration, etc.), there would be a good argument that his residency was continuous. Thus, it you were a university professor on e sabbatical and spent a year in Australian during which you rented out your house, you would normally still be considered a resident since you still owned your house, were engaged in a transitory assignment, and otherwise maintained your residency. At an easier extreme, if you did a house swap with another person during which you rented their house and they rented yours for a period of a 2-3 weeks, no reasonable person would consider that to be an interruption of residency. There are many situations where residency is not affected by temporary periods during which an individual is residing in another location (e.g. a reservist on assignment in Iraq who does not maintain a residence). Unless specific guidelines are provided in the law, it becomes a judgment call that could go either way.

I guess this would be a lot like being qualified to be Treasury Secretary when you fail to pay your taxes .