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Lane Evans open thread - UPDATED

Friday, Apr 28, 2006

Congressman Evans has not yet officially withdrawn from the race.

A letter from U.S. Rep. Lane Evans withdrawing his Democratic nomination for Congress has not been received by the Illinois State Board of Elections, potentially slowing the process to replace him on the November ballot.

I presume he’s waiting in order to put pressure on the locals to agree to his chosen replacement.

What have you heard?

UPDATE: A commenter points to this state statute

(10 ILCS 5/25‑2) (from Ch. 46, par. 25‑2) Sec. 25‑2.

Events on which an elective office becomes vacant. Every elective office shall become vacant on the happening of any of the following events before the expiration of the term of such office: […]

(3) His or her becoming a person under legal disability.

…And notes:

Evans has not sent in his letter to decline the nomination because his lawyers are probably trying to figure out what the heck to do.

A Circuit Court Judge has adjudged him to be a disabled adult. In the Petition for Appointment of Guardian they said that he was not competent to sign a power of attorney, otherwise they wouldn’t have needed the guardianship.

Sec. 11a)2. “Disabled person” defined.) “Disabled person” means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate

Since he can’t sign, it is likely that his guardian will have to get the Court’s permission to sign it for him since a guardian in Illinois would not normally have the power to do it on his own. […]

The catch is that only the Governor can declare the vacancy and call a special election for the balance of the term.

[emphasis added]

- Posted by Rich Miller        


18 Comments
  1. - yougotta be kidding me - Friday, Apr 28, 06 @ 8:28 am:

    If people did not understand before what a joker this guy is, then his handling of this situation should start to open eyes. He has never cared about what the people thought (i.e. votes against protecting the US Flag, vote against protecting the Pledge of Allegiance, vote against the ban on Partial Birth Abortion), not he is clearly jerking with the process (of letting the people choose) in orde to get his buddy Hare in (who otherwise would have absolutely no chance and is the weakest of all candidates).

    Shame on you Lane Evans.


  2. - Ragin RINO - Friday, Apr 28, 06 @ 8:50 am:

    Didn’t Jack Ryan pull this same stunt before he finally dropped out?


  3. - VanillaMan - Friday, Apr 28, 06 @ 9:25 am:

    Evans has been hit by an illness that has progressed to the point where he may be unable to keep on top of things like this. This is partly why he is retiring. He is unable to run again, whoever we pick as his replacement. With no movement on his successor’s pick, we don’t need an official withdrawl - yet.

    The feeling is that this is such a diehard Democratic district, whoever is picked will easily knock off Zinga. So, no one is really sweating it - yet.

    Zinga has the little towns and counties, but the big dog is Rock Island, which delivers the majority of the votes here, and is dependably Democratic.


  4. - Observer-to -all - Friday, Apr 28, 06 @ 9:52 am:

    ‘With no movement on picking his successor, we don’t need an official withdrawl yet’ - that is just the issue…(1) there is plently of movement, and (2) the next step all hinges on his withdrawl.

    When Evans has clearly manufactured this whole thing to help Hare get in, his delays only hurt Hare (as the more time everyone has to get to know the other candidates, and get to know Hare better, the more of an issue Hare has).

    Also, Zinga has nothing locked, not even ’small towns and counties’ (she lost everything but Adams County in 2004 and lost a majority of the counties in the primary).


  5. - True Observer - Friday, Apr 28, 06 @ 10:23 am:

    Evans has not sent in his letter to decline the nomination because his lawyers are probably trying to figure out what the heck to do.
    A Circuit Court Judge has adjudged him to be a disabled adult. In the Petition for Appointment of Guardian they said that he was not competent to sign a power of
    attorney, otherwise they wouldn’t have needed the guardianship.

    Sec. 11a)2. “Disabled person” defined.) “Disabled person” means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate

    Since he can’t sign, it is likely that his guardian will have to get the Court’s permission to sign it for him since a guardian in Illinois would not normally have the power to do it on
    his own.

    Note: Under Illinois law, once a person is found to be under legal disability, a vacancy exists in the office. (10 ILCS 5/25-2(3)).

    The catch is that only the Governor can declare the vacancy and call a special election for the balance of the term.
    The deadline for being able to call a special election is May 10, 2006. The election would probably be around September 5 with a primary 15 days before.


  6. - Hare of the Dog - Friday, Apr 28, 06 @ 12:17 pm:

    Lane deserves a part of the blame for this mess, but he has a fine record and is generally very honest. Lane’s troubles began with Phil Hare playing loose with the independence of their “Victory Fund” campaign account, which subsequently caught the attention of the FEC.

    Then Lane hangs on, why? So Phil can manufacture this moment. Anyone who has seen Lane in the last several years knows that he has not been able to function effectively, even at a minimal level, in what is already a very difficult, physically taxing job. And Phil Hare, supposedly someone who is a close friend of Lane’s, did not counsel his friend to let it go, to preserve his legacy. Instead he said, hang in there Lane, and ran the office a la President Wilson’s wife.

    This is the real tragedy: that the man who is now sullying Lane’s stellar record is the one who hopes to benefit from Lane’s Illness. Let’s hope there is at least poetic justice in the general election. As a loyal Democrat I would never pull for a Republican, but in this case, I’m hoping for a Zinga win if it’s Hare. If someone else is nominated, I could avoid the ignominiousness of supporting someone who would vote for Denny Hastert for speaker and keep us the Republican Majahideen in power for another two years.


  7. - anonymous - Friday, Apr 28, 06 @ 3:00 pm:

    Tomorrow is the final public forum (it will be in Carlinville) and the only outstanding issue is whether recently appointed precinct committeemen/women will be allowed to vote.
    This process is winding down and Democrats should have a nominee by Memorial Day. Everything is moving along smoothly and the forums have provided some sunshine on the party and its candidates in a good way. No backroom deals in this race. I salute the Dems of the 17th CD.


  8. - Anon - Friday, Apr 28, 06 @ 3:11 pm:

    anonymous 3:00 pm
    Keep dreaming. Questions still to be answered:
    1. Does a plurality win it on the first ballot or do they have to keep voting until a majority.
    2. Do they have a convention or vote by mail. The law seems to imply a meeting (i.e. convention).
    3. Will proxy voting be allowed.
    4. If a convention, where will it be held.
    5. How are nominations to be made and who gets to make them.
    There are a lot more.


  9. - anonymous - Friday, Apr 28, 06 @ 3:28 pm:

    To Anon 3:11, sure, there are a few questions but this process is moving along very well, very much in the sunshine and in a timely manner. We’ll have a candidate by Memorial Day. I, again, salute the Democrats in the 17th CD for running a campaign that is open to the press and the public. Republicans would have cooked a backroom deal and announced their candidate. These forums are great for the party. We need to keep up the good work to position ourselves for the general election.


  10. - anonymous - Friday, Apr 28, 06 @ 3:30 pm:

    Yes to the above. And also, congrats to John Gianulis, Don Johnston and Mary Boland for keeping this process moving along and open to the public for media scrutiny. That’s how the party avoids a black eye. Keep up the good work!


  11. - political wind - Friday, Apr 28, 06 @ 3:32 pm:

    Yes, congrats to the Rock Island County Democrats. They have done a good job of keeping the process moving along and at the same time providing the public with an open process that is opposite what Republicans would be doing right now.


  12. - Anon - Friday, Apr 28, 06 @ 4:43 pm:

    anonymous 3:28/anonymous 3:30 pm/political wind:

    Where do you guys get your hallmark cards?


  13. - anon - Friday, Apr 28, 06 @ 4:54 pm:

    That law will have no effect upon a federal official.


  14. - Anonymous - Tuesday, May 2, 06 @ 10:48 am:

    Lane Evans has officially withdrawn from the ballot as posted on the QC TIMES website today.


  15. - nemoforone - Friday, Mar 30, 07 @ 7:01 pm:

    What about the possibility of pulling out of Iraq, letting Iran invade and lose resources fighting their own kind,
    and then come in and mop up the dregs?


  16. - Apostolis - Friday, May 18, 07 @ 4:18 pm:

    Sorry :(


  17. - Yiannis - Friday, May 18, 07 @ 10:12 pm:

    Nice


  18. - Kypros - Tuesday, Jun 5, 07 @ 7:22 pm:

    Cool…


Sorry, comments for this post are now closed.


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