Subject: Re: [EL] more news 1/24/11
From: "FredWooch@aol.com" <FredWooch@aol.com>
Date: 1/24/2011, 5:33 PM
To: "ABonin@cozen.com" <ABonin@cozen.com>, "rick.hasen@lls.edu" <rick.hasen@lls.edu>, "election-law@mailman.lls.edu" <election-law@mailman.lls.edu>

I've not had a chance to look at the Chicago statutes/ordinances, but the requirement that a candidate be both a "qualified elector" and a "resident" for a defined period of time is a typical one imposed on candidacies, and the two qualifications are not necessarily surplusage.  In order to be an "elector," one must not only be a resident of the jurisdiction, but a citizen over a certain age.  In some jurisdictions, it also includes a requirement that one be a registered voter.
 
I also find it problematic that the court essentially found that the same word, "resident," had two different meanings in the two election statutes.  Typically, "residence" is a more inclusive concept than "domicile," not a less inclusive one.
 
As for the policy rationale, I don't see why the voters should not be deemed capable of deciding for themselves whether somewhat like Emmanuel is sufficiently in touch with the day-to-day problems of Chicago that they should want to vote for him or not.
 
 
Fredric D. Woocher
Strumwasser & Woocher LLP
(310) 576-1233
fwoocher@strumwooch.com