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Congressman Evans has not yet officially withdrawn from the race.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.


* Afternoon updates
* Hospitals back removal of income tax sunsets
* The other strategy
* *** UPDATED 1x *** Quinn onboard; Rauner latches onto term limits proposal
* Because Illinois is a real battleground state
* Quinn dodges Rahm question on "Morning Joe"
* Morning Shorts
* 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

          
        * Hulu Plus app now casts to PS3, PS4, Xbox One
        * Sony brings Lifelog, SmartBand fitness apps to non-Sony Androids
        * What will become of Google+?
        * Calling all filmmakers: Do you have what it takes to create Nokia’s next video?
        * Hidden WP8.1 USB settings uncovered with Bing’s help
        * Our favourite 5 new Windows Phone apps of the week
        * Apple, Samsung bicker over jury verdict form

        * Google+ Integration To End
        * Buffalo BSHSBE33 NFC-Enabled Bluetooth Headset
        * XCOM: Enemy Unknown Hits Android
        * EIZO FlexScan S1933 19-Inch LCD Monitor
        * IFTTT For Android Makes It Official Debut On Google Play
        * ASUS GeForce GT 640 Low-Profile Graphics Card
        * Google Testing New Mobile Search Redesign

        * Detroit Tigers 7, Chicago White Sox 4: Scherzer Stops Sox
        * Quintana solid, but drops finale in Detroit
        * Johnson starts homestand opener vs. Rays
        * Quintana solid, but drops finale in Detroit
        * Walks working against the White Sox' plans for the bullpen
        * Viciedo maturing at the plate
        * Beckham returns, thrust into starting lineup


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

        Archives
        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


        * Sosnowski, other state leaders respond to Gov. .....
        * Minimum- and low-wage workers react to Gov. Pat.....
        * Governor Pat Quinn press conference: Western Il.....


        * Man charged with giving girlfriend HIV
        * Man charged with giving girlfriend HIV
        * Ill. jobs screened for political ties after hiring
        * Ex-Marine sentenced to die in sailor's slaying
        * Quinn: Obama library should get private funds too
        * Twice-fired police chief charged with battery
        * Illinois governor praises work of slain doctor
        * Illinois researchers to study Washington mudslide
        * Severe storms loom across central US this weekend
        * Severe storms loom across central US this weekend

        * Bankruptcy court trial sought over $3.8 million paid to Parsons
        * Amazon takes hit in states with online tax, study says
        * State audit: Police training money misspent
        * Audit: Treasurer's office has 30 guns not given to police
        * Madigan: 'Misunderstanding' on Obama library vote
        * Madigan re-elected to lead state Democratic party
        * Hastert, other state Republicans supporting immigration reform
        * Lawsuit seeks investigation of hiring under Quinn
        * Patronage allegations give Rauner fodder in race against Quinn
        * Bill would get state police cruisers on road

        * Chicago City Council committee OKs plastic bag ban
        * Feds to review Northwestern bid to unionize
        * United stock takes biggest tumble since October 2011
        * Next up for CPS: Barack Obama College Prep
        * Bronze statue of Roger Ebert unveiled at Ebertfest


        * Priest in 2nd child abuse investigation won’t be alone with kids: archdiocese
        * Woman sexually assaulted near Matteson Metra station
        * Reject firefighter staffing bill
        * Chicago man charged with giving girlfriend HIV; wife died of AIDS
        * Trio charged with robbing stores, gas stations in city, suburbs
        * His wife died of AIDS, now Chicago man is charged with giving girlfriend HIV
        * Pedicab operators say a crackdown could put them out of business
        * Robo-calls on pension reform bill raise Rauner-Rahm rift
        * Truck fatally strikes semi driver taking picture of accident
        * Semi fatally strikes pedestrian in Noble Square


        * Illinois graduated income tax vote next week
        * Woman sexually assaulted in Matteson
        * Dutch man charged in Chicago with selling drugs for bitcoins
        * 1 dead, 4 injured in shootings
        * Ravinia sales brisk, but wait long, as ticket-buying opens
        * New Chicago high school to be named for Obama
        * Lawyers for men charged in NIU hazing death challenge law
        * Coach fired in Maine West hazing scandal fails to win back job
        * Illinoisans have lowest home-state opinions in the U.S., poll says
        * Mom on death penalty for Torrez: ""I only wish I could do it myself"


        * Secret recording shows Uber's efforts to poach Chicago cabbies
        * Springfield Ordinances for Lincoln's Funeral Unearthed
        * Illinois Finally Gets 'No Child Left Behind' Waiver
        * Chicago aldermen pass plastic bag ban
        * City Council panel passes plastic bag ban
        * Marian Anderson Tribute - 'The Concert That Shook The Establishment'
        * Organic foods sold by Walmart create fear among some organic farmers and farm advocates
        * Senator Kirk joins Revolution in backing Small BREW Act
        * Listen To State Week - April 18, 2014
        * Earth Friendly Event In Springfield This Weekend


        * State jobs screened for political rules after hires
        * Quinn: Obama library should get private funds too
        * Rauner skips GOP event over pastor's comments
        * Quinn backs term limits for constitutional officers
        * Rauner wants Quinn to release hiring documents
        * Bernard Schoenburg: Barr borrowed late in sheriff campaign to keep ads flowing
        * Cristal Thomas: Protecting Illinois’ pregnant workers shouldn’t be a heavy lift
        * Remap group says it is not political
        * Quinn clout hiring faces scrutiny
        * Judge OKs use of lawmaker's post-arrest statement


        * Farm truck crossing railroad tracks hit by passenger train
        * UPDATED: Passenger train hits farm truck near Savoy
        * ISU rehires fired grounds worker
        * Lawnmowers taken from Lowe's
        * Train hits farm implement near Savoy
        * Updated: New Central High School site proposed
        * I-74 bridge meeting draws large crowd
        * Updated: Ebert knew about plans for statue
        * Robber sentenced to 10 years in prison
        * Three charged with Social Security fraud


        * The 10th District money race
        * Aurora Democrat calls out IHSA
        * Lawyers: Ill. hazing law vague, unconstitutional
        * Ill. House OKs lower-cost hunting bill for seniors
        * Quinn’s running mate takes new consulting job

        * Rep. Lipinski Reviews Operations at Hanson...
        * Lipinski announces 2014 Congressional Art ...
        * Lipinski seeks artistic submissions - The ...
        * Lemont VFW honors Vietnam veterans - Subur...
        * Lipinski Votes to Protect the Paychecks of...
        * Meet the 8 House Dems who don't co-sponsor...
        * Jeff Vorva's Editor's Notebook: In this ca...
        * Rep. Lipinski to Honor Vietnam Veterans at...
        * Rep. Lipinski Helps Secure Funds for Safet...
        * Rep. Lipinski Reviews Operations at Hanson...

        * Loading Koch Industries Website Too Many T......
        * Maryland and DC among worst for food aller......
        * Cleveland State University to reestablish ......
        * Convicted political boss Al Sanchez runnin......
        * Candidates make last filings for local, st......

        * Illinois Lt. Gov. Simon opposes pension le......
        * Dillard Odd Man Out on Pension Deal Reaction...
        * Sen. Mark Kirk sides with Rauner on pensio......
        * Governor's race infighting threatens pensi......
        * SCHOONERS - Home of Everyone's Favorite Be......

        * Major Oil & Gas Firm To List Drilling Chemicals
        * Durbin Says FDA E-Cigarette Regulations Don't Go Far Enough
        * Herbalife Punished 600 Distributors For Medical Claims: ABC News
        * Harmon To Push For Graduated Tax Vote Next Week
        * Madigan blames Tea Party for $100M Obama Library re-vote
        * Oberweis remains committed to border security, immigration law enforcement
        * One In Ten U.S. Bridges In Urgent Need Of Repair: Report
        * Chicago Plastic Bag Ban Clears Committee, Heads To Full City Council
        * Quinn Announces Support For Term Limits For Statewide Lawmakers
        * Chicago High School To Be Named After Obama


        * Cases of Chlamydia, Gonorrhea and HIV on the Rise Nationally - Residents Are Encouraged to Get Tested for STDs
        * State Insurance Regulators Urge Property Owners to Review/Add Coverage to Protect from Floods & Water Damage - Most homeowners’ policies do not cover flood damage
        * Governor Quinn Statement on New Proposal to Enact Term Limits for Constitutional Officers
        * Statement from Governor Quinn on the Passing of Dr. Jerry Umanos
        * Governor Quinn Proclaims “Wrigley Field Day” - Home of the Chicago Cubs Turns 100 Years Old Today




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