SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
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Congressman Evans has not yet officially withdrawn from the race.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.


* Question of the day
* Pet shop criminals
* *** LIVE *** Gov. Rauner's Champaign speech
* U of I: No constitutional right to a faculty position
* Today's number: 1 hour
* Why We Need A Strong Civil Justice System: The civil justice system gives everyone a fair chance
* Simon Institute releases study of 2014 campaign
* The little guys are winning
* Chicago testing snub could cost state as much as $1.17 billion
* Poll: Emanuel 42, Garcia 18, Fioretti 10, Wilson 7, Walls 2
* Rauner hires experienced hand as legislative director
* Firing up the Democrats' base
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * OnePlus names own Android ROM as Oxygen, Hydrogen in China
        * OnePlus Will Launch Its ‘Oxygen’ Android ROM On February 12
        * Nexus Player heads to Japan marking Android TVs entry to the country
        * Tetra Lockscreen sees important update on Windows Phone
        * Microsoft invested in Cyanogen’s anti-Google war chest, says tip
        * Microsoft to back Cyanogen’s plan to weaken Google’s control of Android
        * Photo of 2nd-gen Moto E leaked

        * First Operation In England Performed By A Surgical Robot
        * Secret Co-Founder Chrys Bader Departs Company
        * BlueWire Headset Records Calls From Both Ends
        * Robot Writers Help The Associated Press To Improve Earnings
        * Google’s Smart Lock Feature Now Available To All Chromebook Users
        * Instagram Falls Behind Twitter In Number Of Users And Active Users
        * PS Vita Accessory Gives The Handheld Console L2/R2 Triggers

        * White Sox embrace their position as favorites
        * White Sox embrace position as contenders
        * What else is returning with Gordon Beckham?
        * Which prospects will make the Top 100 cut?
        * The unlikely return of Gordon Beckham's unfortunate offseason tradi...
        * Viciedo designated for assignment to open roster spot
        * White Sox reunite with Beckham on one-year deal

        ...............


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        January 2015
        December 2014
        November 2014
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Rauner pledges UI support..
        * Unions to protest Rauner appearance in Champaign..
        * Rauner hires experienced hand as legislative di.....
        * Medical Marijuana Licenses Delays Raise Concern.....
        * As Rauner readies cuts, social-policy groups go.....
        * Gov. Rauner touts cuts in education, bureaucracy..
        * Our View: Include public in contract negotiations..
        * Governor Rauner staff is making much more than .....
        * 1871 3.0 already is in the works..
        * Top Rauner staff more highly paid than Quinn's..


        * APNewsBreak: Top Rauner staff more highly paid than Quinn's
        * Man given 25-year prison sentence for cheating investors
        * Gov. Rauner wants bureaucratic cuts in education, elsewhere
        *
        * Bradley player arrested on misdemeanor charges at strip club
        * Jury convicts suburban Chicago woman in heroin death
        * Bradley player arrested on misdemeanor charges at strip club
        * Illinois professor who lost job offer after tweets sues
        * Prosecutors say Chicago hospital officials bribed doctors
        * Federal trial postponed in Illinois needles-in-meat case

        * Top Rauner staff receiving higher pay than Quinn's
        * Springfield lawmakers want oversight commission to monitor 10th Street rail promises
        * Rauner staff receiving higher pay than Quinn's
        * New DNR director Rosenthal touts experience
        * Rauner wants bureaucratic cuts in education, elsewhere
        * New DNR director touts experience
        * Springfield unemployment falls to 5.6 percent in December
        * Springfield gaming terminal up 46 percent in 2014; revenue hits $1M
        * Springfield gaming terminals up 46 percent in 2014; revenue hits $1M
        * Rauner among nation's top donors in 2014 elections

        * Rauner staff receiving higher pay than Quinn's
        * Ponzi schemer gets 25 years in jail for $105 million fraud
        * Illinois Ponzi schemer gets 25 years in jail for $105 million fraud
        * Ken Griffin asks court to set trial date for divorce
        * As Romney weighs '16 bid, his past donors commit to Jeb Bush


          * Garage fire knocks out cable to 4,000 customers on NW Side
          * Cicero orders church closed after 'safety nightmare'
          * Chicago prosecutors quietly drop charges tied to drug stash house stings
          * Nuns allege prostitution violations in lawsuit against suburban strip club
          * Needles-in-meat federal trial postponed
          * Man who stole $34 million in Ponzi scheme given 25 years in prison
          * In shift, Cupich will receive vestment in Chicago, not Rome
          * Chicago school district sells nine pieces of property
          * Emanuel open to countdowns for red light camera intersections
          * Rauner presses for sales tax expansion in U. of I. speech


          * Rauner Tells U Of I To Cut Bureaucracy
          * Group Says Railroad Threatens To Isolate East Side
          * Proposal Would Ban Conversion Therapy For Minors
          * Speaker Madigan: How Can Illinois Prevent A Sandy Hook?
          * Listen to State Week - January 23, 2015
          * Guzzardi Wants Parents To Be Able To Opt Kids Out Of Testing
          * Art Beat: Hip Hop Battles, Foreign Film & More
          * Meet The New Springfield Area Arts Council Director
          * Art Beat: Pirates, Local Tunes & Movies Galore
          * Let's Talk Kids - "Golden Stories"


          * Top Rauner staff receiving higher pay than Quinn's
          * Springfield lawmakers want oversight commission to monitor 10th Street rail promises
          * New DNR director Rosenthal touts experience
          * Rauner wants bureaucratic cuts in education, elsewhere
          * Springfield unemployment falls to 5.6 percent in December
          * Our View: Dawdling on medical marijuana extends suffering for Illinois' severely ill
          * Stanford Levin: Nuclear power plant closures could hurt Illinois consumers
          * Bernard Schoenburg: Kaitschuk leaves pork producers to join Rauner team
          * Eugene Robinson: Hillary stands alone
          * Quote of the Day: Thursday, Jan. 29, 2015


          * Rauner pledges UI support
          * Yeas and nays in reaction to Rauner speech
          * Asmussen's Hoop it up: Purdue stays hot
          * Area Girls' Basketball Leaders (Week of Jan. 26)
          * Girls' basketball: Who are the regional champs?
          * Tate: Hope springs forth from Illinois athletics
          * Chamber honors local firms and business leader
          * Hoop it up: Boilermakers on fire
          * UI athletic department looks to fans for input
          * Parent makes plea to more school funding


          * Images: St. Edward vs. Aurora Central Catholic, girls basketball
          * Stars beat Senators 6-3 in Spezza's return to Ottawa
          * Balloon crew surpasses distance record in Pacific flight
          * Bergenheim lifts Panthers to 3-2 win over Blue Jackets
          * Elk Grove Village man guilty in sexual abuse of girls

          * Lemont HS Student Among Rep. Lipinski's Pi...
          * Rep. Lipinski Announces Service Academy No...
          * Rep. Lipinski Recognizes and Celebrates Na...
          * Kinzinger, Lipinski Offer GOP-Democrat Uni...
          * Chicago March for Life doubles attendance ...
          * Archbishop Blase Cupich, Congressmen Dan L...
          * Archbishop Cupich joins hundreds at March ...
          * Rep. Lipinski Helps Pass Veterans' Suicide...
          * Lipinski: There's still a lot of work left...
          * Rep. Lipinski Protects the Paychecks of Pa...

          * Senate passes Keystone Pipeline despite Ob......
          * Roberts Praises Keystone Bill Passing...
          * Senate passes Keystone XL pipeline measure......
          * Senate passes bill approving Keystone XL o......
          * Flake joins bipartisan group pushing to en......

          * The 47-Part Keystone XL Vote-a-thon is Now......
          * Senate Hard-liners Press Ahead with New Ir......
          * Senate passes bill approving Keystone XL o......
          * Top Rauner staff more highly paid than Qui......
          * U.S. Senate panel advances Iran sanctions ......

          * Illinois State Representative Guzzardi: First bill strengthens parent opt-out rights.
          * John Dillon: Judge pension theft by the friends it keeps.
          * Muslim Brotherhood Starts A Political Party Out Of Chicago
          * Illinois attorney general gives pay raises as state goes broke
          * State Rep. Meier proposes law banning terrorists from teaching in Illinois
          * Pension news, blues and screws.
          * Ald. Arena Touts New 45th Ward Businesses In TV Ad
          * Troubled Rockford Juvenile Facility To Shut Down
          * McDonald's Urged To Be Leader And End Antibiotic Use In Meat
          * Video Gambling Revenue In Illinois More Than Doubles In 2014


          * IDHS reminds eligible workers to take advantage of free tax help and the Earned Income Tax Credit (EITC) - More than 30 sites offer free tax services Statewide
          * IEMA, American Lung Association Launch Health House - Radon Excellence Program in Savoy - Two Champaign builders coordinating with Heyworth radon mitigator in program to reduce radon-related lung cancer risks in new homes
          * One Confirmed Case of Measles in Illinois
          * Governor announces latest round of agency appointments
          * Rauner announces “Turnaround Team” - Stellar team to help turn Illinois around




              Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller