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