Re: [EL] more news 1/24/11

So here's the Rahm question, which we've been kicking around at http://www.dailykos.com/story/2011/1/24/938538/-So,-whys-Rahm-off-the-ballot#c270.

The statute says candidate has to be someone who's "a qualified elector of the municipality and has resided in the municipality at least one year next preceding the election or appointment."

Qualified elector, under the statute, is resided in the state and in the district for the past 30 days, + citizen >18yrs, and it's a status you don't lose if you or your spouse is absent "on business of the United States, or of this State."

My question is this: why *doesn't* it make sense for it to be tougher to run than it is to vote, and for the "business of the US" clause to only apply to voter eligibility? In fact, isn't Emanuel's situation precisely what the statute was getting at? Someone who just spent the past eighteen months in DC heavily invested in another job isn't someone who's still in touch with the day-to-day concerns of Chicagoans and can't just parachute in to solve their problems. He may have maintained "a residence" in Chicago, but he hadn't "resided in" there.

This may be a less-than-preferred policy outcome, but it does have a rational basis and renders all the part of the statute meaningful. I find myself surprisedly leaning towards this reading, anti-D Canon though it may be.

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From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Rick Hasen
Sent: Monday, January 24, 2011 6:34 PM
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 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

"House Lawyers Want Face Time With 9th Circuit"

Interesting oral argument coming up in Speech or Debate Clause case involving former Rep. Rick Renzi.

Posted by Rick Hasen at 01:46 PM

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

Mother Jones offers this report.

Posted by Rick Hasen at 01:43 PM

"Build a Bigger House"

Dalton Conley and Jacqueline Stevens have written this NY Times oped.

Posted by Rick Hasen at 01:40 PM

"Independent Spending? Who Are We Kidding?"

Meredith McGehee blogs.

Posted by Rick Hasen at 01:35 PM

"Key questions surrounding the Rahm Emanuel residency case"

The Chicago Sun-Times offers this report. More from the Washington Post.

My initial thoughts about the ruling will appear soon at Slate.

Posted by Rick Hasen at 01:30 PM

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

William H. Hannon Distinguished Professor of Law
Loyola Law School
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(213)736-1466
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rick.hasen@lls.edu
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http://electionlawblog.org