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Congressman Evans has not yet officially withdrawn from the race.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


* Today's number: $1.68 million
* Question of the day
* Rasmussen: Quinn up by 2
* Stop the partisanship on both sides, please
* Quotables
* *** UPDATED x1 *** Durbin vs. Oberweis react
* More new TV ads
* Get ready for "Bloodtober"
* DCCC defies DC expectations, runs ad attacking Davis
* Today's assignment
* Rate Quinn's new ad: "Washington"
* SUBSCRIBERS ONLY - Supplement to today’s edition: Crosstabs and TV ads
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Good morning!
* 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

          
        * Spotify now available in Canada
        * Browse a website without data connection with Cosmos
        * Sony Xperia Z3 underwater unboxing
        * TomTom MySports GPS Watch gets Android support
        * Humble Flash Bundle offers Android games
        * 10 reasons why the Lumia 930 is purrfect for catz
        * The Week in Mac Apps: Sketching, taking notes, and keeping track of things

        * Hip-Hop Group Wu-Tang Clan To Sell Their New Album Inside A Speaker
        * Windows 10 Pegged For Mid-2015 Release
        * Siri Can Be Used To Access Apple Pay Credit Cards In iOS 8.1
        * US Attorney General Not Pleased With Apple And Google’s New Encryption
        * Remember JibJab? They’re About to Enliven Your Messages.
        * Mozilla Fans Are Getting a Firefox OS Streaming Media Stick
        * Retail Minecraft: Xbox One Edition Arriving 18th November

        * Anderson, Edwards prospects to watch in AFL
        * Manager notes: How Robin Ventura and Chris Sale get along
        * Voting underway to decide Hank Aaron Awards
        * Development of young core in '15 can define Chicago's future
        * Improved White Sox take important step in 2014
        * September call-ups report card: position players
        * Ushering in the world after Paul Konerko


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

        Archives
        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


        * Mayor Gary Manier, a Republican, endorses Democ.....
        * Washington Mayor Appears in Gov. Quinn Ad - CIp.....
        * Rauner Campaign Trail Hits Southern Illinois..
        * Jeb Bush talks education for Arkansas GOP hopeful..
        * Paul Green: How does someone break into the Whi.....


        * Illinois governor leans on Obamas for support
        * EIU joins Garoppolo hype with jersey offer
        * Appellate court agrees AFSCME workers owed money
        * Investigation prompts Dixon prison head to retire
        * DeWitt County lawyer pleads guilty to drug charges
        * Fire recovery beginning in downtown Rock Island
        * Chicago man charged with double homicide
        * Illinois measure would give victims more rights
        * Panel plans to resume anti-violence program probe
        * Chicago court hears arguments Holocaust case

        * Appellate court: State workers owed back wages
        * Quinn leans on top Democratic support — Obamas, Clinton
        * IDOC investigation prompts state prison warden to retire
        * Lawmaker panel plans to resume anti-violence program investigation
        * Quinn touts first year of Affordable Care Act
        * State-owned airplanes to be sold in online auction
        * GOP opposition to school funding bill irks Manar
        * Durbin, Oberweis debate background checks for guns
        * Election 2014: Simon, Topinka spar over transparency, ethics in comptroller’s race
        * Statehouse Insider: There are a lot of campaign ads, in case you haven’t noticed

        * De Blasio signs order raising NYC living wage to $13.13
        * Pat Tillman's widow launches a 'Stitch Fix' for kids out of Chicago
        * Pat Tillman's widow launches a Trunk Club for kids out of Chicago
        * Lawsuit alleges sperm bank got order wrong
        * Look for news today on drug firm payments to doctors


        * Taxi reforms steer in the right direction
        * Area churches to conduct free on-site health tests Sunday
        * Vigil held for Skokie teens; two Niles North seniors shot, one killed
        * The thug life runs deep
        * Chicago shutdown will cost airlines ‘hundreds of millions’: analyst
        * Man accused in FAA fire made 'tragic mistake,' lawyer says
        * Shake-up at Robert R. McCormick Foundation
        * Church hosts woman fighting deportation
        * Hackers might have Jewel-Osco customers credit card data — again
        * Prosecution rests in Joliet double murder trial


        * Accounts of arrest vary during Naperville 'smart meter' trial
        * Prison warden retires after link to sex offender
        * Suit: Black donor's sperm sent to white woman
        * 16-year-old boy killed in South Side shooting
        * Lawyers want evidence seized in Sacred Heart raid tossed
        * Man pleads guilty to sex abuse of disabled woman
        * Elgin woman dies in head-on crash
        * Hampshire High School evacuated after fire
        * Man accused in killing of girlfriend, daughter sobs in court as injuries detailed
        * Obama expected to bypass Chicago airports and fly into Gary


        * Meet Bishop Blase Cupich, Chicago's incoming archbishop
        * After the accident: Metra and pedestrian fatalities
        * Cupich to be next Chicago archbishop
        * Chicago moves on taxi reforms to leave more money in cabbies' pockets
        * Court Rules AFSCME Members Are Owed Money
        * Chicago Mayor: Lower Penalties For Drugs
        * Can Politics And Prison Reform Mix?
        * Nursing Program Comes To UIS
        * IDOT Layoffs Halted, But Quinn Wants To Proceed
        * Quinn, Rauner Share Hazy Stance On Decriminalizing Pot


        * Appellate court: State workers owed back wages
        * Quinn leans on top Democratic support — Obamas, Clinton
        * IDOC investigation prompts state prison warden to retire
        * Panel plans to resume anti-violence program probe
        * Lawmaker panel plans to resume anti-violence program investigation
        * Quinn touts first year of Affordable Care Act
        * State-owned airplanes to be sold in online auction
        * Our Opinion: Job creation is a health priority in Sangamon County
        * GOP opposition to school funding bill irks Manar
        * Durbin, Oberweis debate background checks for guns


        * Cellphones sought to assist domestic violence victims
        * County board budget cuts eliminate deficit
        * Updated: Flu shots beset by delays
        * HS Volleyball: Urbana vs. Central
        * St. Thomas More designated a Blue Ribbon school; first in area since 2005
        * Local teen author to preview first novel
        * Will Evans join Illini's Top 100 crowd?
        * HMC sponsoring pink contest for local businesses
        * SI Heart Walk set for Saturday
        * Belleville police believe they have captured gas station armed robber


        * Bears' Bennett just getting started
        * Epstein: Our goal is the NL Central title next year
        * Authorties say blowtorch likely cause of Elk Grove fire
        * Anderson makes it look easy at DuPage Valley tournament
        * Imrem: Nothing like sports at purist level

        * Representative Jan Schakowsky Sends Letter...
        * Rep. candidate pushes to uphold marriage b...
        * Reps. Schakowsky and Waxman Introduce Bill...
        * Statement by Representative Jan Schakowsky...
        * FAA Rejects Call For New O'Hare Noise Stud...
        * Representatives Quigley, Duckworth, Schako...
        * Representative Jan Schakowsky Statement on...
        * Representative Jan Schakowsky Statement in...
        * U.S. House Passes Resolution Condemning An...
        * Representative Jan Schakowsky Statement on...

        * GateHouse Media special report: Grading Co......
        * GateHouse Media special report: Grading Co......
        * GateHouse Media special report: Grading Co......
        * GateHouse Media special report: Grading Co......
        * GateHouse Media special report: Grading Co......

        * US talk of thawing Iran relations highligh......
        * U.S. talk of thawing relations with Iran h......

        * GCA Special Event with CTU Pres. Karen Lewis
        * Sun-Times: The sitdown Seaway Bank President/CEO
        * GCA community forum with Karen Lewis
        * Lems BBQ on 75th Street celebrating 60 years
        * CBS 2: Probation Officer For Teen Charged With Assaulting CSU Student Suspended
        * DNA Info: A Bloomingdale Trail for Englewood? City Moves To Get Train Tracks for Park
        * Recap of Townhall Meeting on "Park Manor Inn Hotel Development on 76th State
        * Tribune: No bail for teen charged in Roseland sex assault
        * Defender: Chicago Seaway Bank’s New CEO Discusses Personal Journey to Top
        * Bronzeville & Lakeside cut from consideration for a Presidential library


        * Quinn must take lame duck tax vote off the table
        * Governor Quinn Announces Successful First Year of Affordable Care Act Enrollment - More than 685,000 People Now Have Access to Quality Health Coverage Under the Affordable Care Act
        * Liquor Control Commission September Underage Compliance Report
        * Rauner hits Quinn on tax hike timing
        * Taxpayer Red Alert: Quinn Doubles Down on Lame Duck Tax Hike




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