Subject: Re: [EL] more news 1/24/11
From: Rick Hasen
Date: 1/24/2011, 6:47 PM
To: Trevor Potter
CC: Election Law <election-law@mailman.lls.edu>

I did not mean t suggest that there should not be residence statutes.  I meant to say that if a candidate residence statute is ambiguous, as it arguably is here, it should be interpreted to favor the voters' rights to vote in a competitive election with more choices.  There are a line of cases so holding which I cite in my Democracy Canon piece, and the principle seems fully applicable here. 



On 1/24/2011 6:35 PM, Trevor Potter wrote:
I agree with everything Rick says about Rahm E.. However, it seems to me Rick is arguing that there should not be residence statutes for candidates --that voters should decide whether someone has sufficient connection with a locality or district or state. But Illinois has made a different policy decision and created such a requirement-so we can't say "let the voters decide". If the statute doesn't let them . (I have no view on the statute as I have not read the case law noted on the list serve).
Trevor potter

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 -----Original Message-----
From: 	Rick Hasen [mailto:hasenr@gmail.com]
Sent:	Monday, January 24, 2011 06:38 PM Eastern Standard Time
To:	Election Law
Subject:	[EL] more news 1/24/11


January 24, 2011 


"Let Rahm Run! The Illinois Courts Should Let the Voters Decide Whether He'll Be Chicago's Next Mayor"


I have written this piece <http://www.slate.com/id/2282287/>  for Slate. A snippet:


	Today's decision is wrong on many levels. Whether Emanuel's move to D.C. for a year should affect his mayoral chances is a question for the voters, not the courts, to decide. Emanuel's residency is no secret--it has been a defining campaign issue. If Chicago voters don't want to vote for Emanuel because they think he's a carpetbagger (even though this strains credulity given his longstanding Chicago ties), they can reject him at the ballot box. Now, in a nonpartisan election, they'll have to choose among a long list of candidates, none of whom has polled as strongly as Emanuel. Finally, should a politician really face a penalty like this for serving the president? Is it really true that no good deed goes unpunished? 


Posted by Rick Hasen at 03:28 PM <http://electionlawblog.org/archives/018597.html>  

"House Lawyers Want Face Time With 9th Circuit"


Interesting oral argument coming up <http://legaltimes.typepad.com/blt/2011/01/house-lawyers-want-face-time-with-9th-circuit.html>  in Speech or Debate Clause case involving former Rep. Rick Renzi.


Posted by Rick Hasen at 01:46 PM <http://electionlawblog.org/archives/018596.html>  

"The GOP's Campaign Finance 'Sneak Attack'"


Mother Jones offers this report <http://motherjones.com/politics/2011/01/republican-public-financing-cantor-corporation#> .


Posted by Rick Hasen at 01:43 PM <http://electionlawblog.org/archives/018595.html>  

"Build a Bigger House"


Dalton Conley and Jacqueline Stevens have written this NY Times oped <http://www.nytimes.com/2011/01/24/opinion/24conley.html> .


Posted by Rick Hasen at 01:40 PM <http://electionlawblog.org/archives/018594.html>  

"Independent Spending? Who Are We Kidding?"


Meredith McGehee blogs <http://www.clcblog.org/index.php?option=com_content&view=article&id=411:independent-spending-who-are-we-kidding-1-24-11> .


Posted by Rick Hasen at 01:35 PM <http://electionlawblog.org/archives/018593.html>  

"Key questions surrounding the Rahm Emanuel residency case"


The Chicago Sun-Times offers this report <http://www.suntimes.com/news/cityhall/2835963-418/emanuel-state-election-run-code.html> . More from the Washington Post <http://voices.washingtonpost.com/thefix/white-house/rahm-emanuel-ruled-ineligible.html> .

My initial thoughts about the ruling will appear soon at Slate <http://www.slate.com/> .


Posted by Rick Hasen at 01:30 PM <http://electionlawblog.org/archives/018592.html>  

--
Rick Hasen
Visiting Professor
UC Irvine School of Law (Spring 2011)
rhasen@law.uci.edu

William H. Hannon Distinguished Professor of Law
Loyola Law School
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Los Angeles, CA 90015-1211
(213)736-1466
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rick.hasen@lls.edu
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