SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Smith can still run in November

Wednesday, Mar 28, 2012

* I told subscribers about this earlier in the week

Even if indicted state Rep. Derrick Smith is expelled from the Illinois House, nothing stops voters from putting the Chicago Democrat back in the Legislature in the November general election.

“There’s nothing in the election code prohibiting someone expelled from seeking re-election,” said Steve Sandvoss, general counsel for the Illinois State Board of Elections. […]

But the Illinois Constitution, which outlines how a legislator can be expelled, is silent on expulsion concerning re-election eligibility, said Kent Redfield, political science professor at the University of Illinois at Springfield.

“All the Legislature can do is affect his current status,” Redfield said.

However, Redfield noted that if Smith is expelled, but not convicted by the federal government on the bribery charge before the election, the House could vote to not seat Smith after a general election win. Like an expulsion, two-thirds of the House must vote to prevent Smith from being sworn into the General Assembly.

If Smith is found guilty of the felony in federal court, he is ineligible to serve in the Legislature until after completing his punishment.

* Meanwhile, the Legislative Research Unit has found three other cases of House members facing punishment by their own chamber

- Rep. Frank Comerford, D-Chicago, wasn’t accused of corrupt activities. What got him in hot water was claiming that other lawmakers were corrupt.

After alleging “wholesale corruption” at the Statehouse in 1905, Comerford couldn’t back his claims and was expelled from the House because he “besmirched the good name and reputation of this General Assembly.” He was then elected to fill the vacancy created by his expulsion and returned to the House less than two months after leaving.

- In 1935, Republican Reps. Richard J. Lyons and Lottie Holman O’Neill, from Lake County and DuPage County, filed a resolution criticizing President Franklin Roosevelt and Gov. Henry Horner, both Democrats. The next day, a fellow legislator introduced a resolution saying Lyons and O’Neill were unworthy of membership in the House. Lyons publicly apologized, the critical resolution was erased from the records and no further action was taken on the resolution saying the two weren’t fit for the House.

- House Majority Leader Gerald Shea, a Cook County Democrat, was accused in 1976 of violating ethics laws by serving as an attorney for the Illinois State Medical Society and simultaneously introducing malpractice legislation that could affect the society. Shea was exonerated 153-7.

Discuss.

- Posted by Rich Miller        


17 Comments
  1. - kerfuffle - Wednesday, Mar 28, 12 @ 2:05 pm:

    …he “besmirched the good name and reputation of this General Assembly”…

    Exactly how is that possible? As a body they have never had a good name or reputation.


  2. - Esquire - Wednesday, Mar 28, 12 @ 2:13 pm:

    I think that Rich is absolutely correct. Moreover, from a practical standpoint, what does Derrick Smith gain from resigning? I doubt he has dozens of good job prospects to choose from if he resigns from office. I also suspect that with mounting legal bills that he is unusually dependent upon his legislative salary.

    In terms of futile gestures, are there any Republican committeeman in the district who can file a candidate for the possible vacancy in nomination for state rep? It might be a long shot, but if Smith stays put perhaps something peculiar could happen, provided a candidate is willing to serve one and be done. It is a 1,000 to 1 shot.


  3. - Plutocrat03 - Wednesday, Mar 28, 12 @ 2:22 pm:

    I’m glad this is the outcome the party wanted.


  4. - 47th Ward - Wednesday, Mar 28, 12 @ 2:25 pm:

    ===Shea was exonerated 153-7.===

    I’m not sure exonerated is the right word. Shea certainly prevailed in a lopsided vote, but that isn’t the same as being exonerated.


  5. - Elo Kiddies - Wednesday, Mar 28, 12 @ 2:32 pm:

    The 5th District Dems would also have the option of following Sen. Meeks’ example by running an Independent candidate who would later caucus with the Dems if they win.


  6. - kerfuffle - Wednesday, Mar 28, 12 @ 2:34 pm:

    Gerry Shea was an interesing character who knew how to get things done in Springfield both as a legislator and a lobbyist.


  7. - ILPundit - Wednesday, Mar 28, 12 @ 2:50 pm:

    Given the way Illinois politics has gone the last 10 years, I think its inevitable that Smith gets expelled, and is re-elected.


  8. - Anonymous - Wednesday, Mar 28, 12 @ 2:54 pm:

    I believe that a Republican could (as Esquire suggests) be caucused in to run against Smith. But s/he now needs 1,500 good petition sigs to go along with the party paperwork. (Good luck with that!)

    Speaking of trips down Longshot Lane — yesterday was the first day for new parties and independents to circulate nominating petitions. Ninety days. Go get ‘em, goo-goos!

    (Along that line — perhaps some Dem-as-indie can be found to run against Smith?)


  9. - reformer - Wednesday, Mar 28, 12 @ 3:04 pm:

    Esquire
    If the GOP puts up a candidate, that would simply lead the voters of the district to vote for Smith again, just as they did on March 20th. They’ve already proven they prefer an indicted Democrat to an ersatz Democrat.


  10. - Yellow Dog Democrat - Wednesday, Mar 28, 12 @ 3:13 pm:

    @reformer -

    Given the federal plea-bargaining rules, I don’t expect Smith to step aside.

    And I don’t expect any GOP candidates, but I do expect at least three “independent” candidates:

    1) A Madigan/White Democratic candidate;

    2) An candidate backed by Annazette Collins (she’s got some residency problems from what I’ve heard and probably could not run herself);

    3) A GOP-backed candidate

    Madigan will have to expend tremendous capital not to defeat Smith, but to fend off the other “independent” candidates. And there could be many more.


  11. - Carl Nyberg - Wednesday, Mar 28, 12 @ 3:58 pm:

    Of the people advocating a vote for Smith to prevent Swiss, some of them had to know this, right? We aren’t governed entirely by clueless fools, are we?

    Before the election, I said people should vote for Swiss because it made sense to force the Democrats to organize a minor party or write-in campaign. It would force the Dems to find a good candidate.

    But perhaps I was wrong. Maybe the Dems will have to organize around an even better candidate to defeat Smith and the Republican.

    Way to go Team Democrat!


  12. - hisgirlfriday - Wednesday, Mar 28, 12 @ 4:04 pm:

    47th ward, he was exonerated well enough to get appointed to the University of Illinois Board of Trustees by a governor of another party.


  13. - Anon III - Wednesday, Mar 28, 12 @ 4:05 pm:

    YDD, you expect Smith to run in the D column, and you expect a Madigan/white candidate to run as an independent. Can you expand on how campaign funding will flow to the M/W candidate?


  14. - soccermom - Wednesday, Mar 28, 12 @ 4:30 pm:

    YDD — Do you think Collins or the GOP have the organization to get 1,500 valid sigs?


  15. - Jeff Trigg - Wednesday, Mar 28, 12 @ 5:02 pm:

    GOP, and Dem, state rep. candidates only need 500 valid sigs. Being an election after redistricting, independent and new party candidates need 1,500 valid, instead of 5% of the last vote. For State Senate Rs and Ds need 1,000, independents and new parties need 3,000. For US House its 600 for Rs and Ds, 5,000 for everyone else.


  16. - mokenavince - Wednesday, Mar 28, 12 @ 6:14 pm:

    Smith will hands down win the election in November. He would’nt be convicted till sometime in late 13 or early 14. If the voters want him so be it. The House can always censure him.Looks to me like its time for Jesse White to hang it up.


  17. - Yellow Dog Democrat - Thursday, Mar 29, 12 @ 8:51 am:

    @Mokenavince -

    Soliciting a bribe violates the law.

    Ignoring calls from your political godfather to step aside violates The Code.

    The feds will deal with #1, and the Democratic Party will deal with #2.

    Smith will have no money, no volunteers, no organizational support. A presidential election year makes things tougher because of the huge turnout, but this will be a battle between the independent candidates.

    There are some scenerios where a GOP backed candidate wins. They are pretty slim.

    But the only scenerio where Smith wins is if there are so many independent candidates that they divide the vote down to less than 10%ish.


Sorry, comments for this post are now closed.


* Reader comments closed for the weekend
* Question of the day
* *** UPDATED x1 - Rauner response *** This just in... Illinois Supreme Court denies Rauner appeal
* They need a rich "white knight"
* Johnson finally backs Davis... So does Joan
* Schneider throws Quinn under the bus
* Wincing before the hit
* Inspector general's IDOT probe places no direct blame on Quinn
* Today's number: 57 percent
* *** UPDATED x2 - Not totally clean - Some questions answered *** Stories raise unanswered questions about IDOC policy
* *** UPDATED x1 - Schneider campaign responds *** US, Illinois Chambers launch TV hit on Schneider
* Reaching into the past for today's gotcha moment
* New DGA YouTube video ties Rauner to Romney via outsourcing
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* This just in... Unions file motion to "gut" the state's pension case
* 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

          
        * Brazilian retailer comes out with new Moto X+1 listings
        * Apple Opens Battery Replacement Program For Affected iPhone 5 Units
        * Samsung teases Galaxy Note 4 handwriting features
        * HTC Nexus Tablet date, Windows 9 date, Gear 3 leaks & more – Pocketnow Daily
        * Guess which smartphone took these photos (Vol. 6) (Update: answer within!)
        * Three fun things to do with the Xiaomi Mi4 (Video)
        * For The First Time, The Majority Of Opera Software’s Revenue Came From Mobile Ads

        * Vine Introduces New Camera: This Week in Social Media
        * OnePlus Giving Away 10,000 Invites In A New Contest
        * Apple iPhone 6 Schematics Leaked From Apple Supplier
        * HTC Nexus 9 Tablet To Launch in October (Rumor)
        * Apple Started iPhone 5 Battery Replacement Program
        * Moto X+1 and The New Moto G Spotted At A Brazilian Retailer
        * Oppo Find 5 Will Not Get The Android 4.4 KitKat Update

        * White Sox recall infield prospect Sanchez
        * Abreu's 33rd homer not enough for White Sox
        * Shortstop Anderson debuts at Double-A
        * Carroll, White Sox look to end Yankee Stadium hex
        * Abreu's 33rd homer not enough for White Sox
        * Replay confirms play at plate; Yanks nail runner
        * Abreu happy to see fellow Cuban Castillo in bigs


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

        Archives
        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


        * Section of Interstate 70 named for Jerry Costello...
        * Supreme Court won't take up term limits appeal..
        * Libertarians survive petition challenge in Illi.....
        * IDOT hiring abuses report critical of Gov. Quin.....


        * Rauner dealt double blows over Illinois ballot
        * 8 gang members indicted on racketeering charges
        * Church cautions schools on ice bucket challenge
        * Rauner says Board of Election action a Quinn win
        * 2 parolees charged in suburban Chicago standoff
        * Supreme Court won't take up term limits appeal
        * Cardinal George to get experimental cancer drug
        * Report: State agency broke hiring rules for years
        * Sen. Warren disavows PAC urging run for president
        * United flight to Chicago makes emergency landing

        * State employee unions want expedited ruling in pensions suit
        * November ballot certified without term limits question
        * Supreme Court won't take up term limits appeal
        * Rauner dealt double blows over Illinois ballot
        * IDOT broke hiring rules for years, report finds
        * State Rep. Poe faces 3-week stem cell procedure in Texas
        * IDOT cuts positions following questions on hiring
        * Authorities investigating powdery substance at Illinois State Library
        * Powdery substance mailed to Illinois State Library deemed non-hazardous
        * Term-limit backers seek Supreme Court intervention

        * Chicago execs join in ice bucket challenge
        * McDonald's testing mozzarella sticks with marinara sauce
        * Watch where Michael Madigan tries to boost turnout
        * Supreme Court spikes term limits appeal
        * IDOT broke hiring rules for years, state report says


        * Karen Lewis credits dad with influencing her populist platform
        * Eight accused of racketeering, drug-running in Indiana
        * Cardinal George to participate in research trial of new cancer drug
        * Prosecutor: Harvey hostages threatened, one woman sexually assaulted
        * Boy, 3, shot in head on  W. Side
        * A new heart, a deeper love
        * Emanuel alters eligibility rules for firefighters entrance exam
        * IDOT political hiring is setback for Quinn
        * Kids pay the price for weak oversight of charter schools
        * Attorney indicted on charges of soliciting perjury in drug case


        * Boy shot inside residence on West Side
        * Jackson Jr.'s political fund fined nearly $18,000 for missing reports
        * Cops: Tracking device leads officers to phone store robbery suspects
        * Libertarian Party remains on Illinois ballot this fall
        * Rauner term limits question won't appear on November ballot
        * Ex-cop could face prison for violating probation
        * Cardinal George testing new cancer drug
        * 2nd charge in Antioch inappropriate touching case
        * Heavy rain shuts down Eisenhower for third time this summer
        * U. of I. defends pulling job offer over tweets critical of Israel


        * IL Supreme Court Won't Hear Term Limit Question Before Ballot Deadline
        * Gone Fishing: Harsh winter brings lake temps down, but not for long
        * Race, Cops & Traffic Stops
        * Listen to State Week - August 22, 2014
        * In Wake Of Ferguson, Rally Planned In Springfield
        * WUIS Education Desk: Springfield Mayoral Candidates Talk District 186
        * Unions Ask For Quick Ruling On Pensions
        * Report Says IDOT Broke Hiring Rules For Years
        * CPS students scramble for new school after Concept charter opening delayed
        * Illinois Takes First Step Toward Drafting Greenhouse Gas Plan


        * State employee unions want expedited ruling in pensions suit
        * Rodney Davis: Congress trying to aid college debt battle
        * Charles Krauthammer: Stopping the worst people on earth
        * November ballot certified without term limits question
        * IDOT broke hiring rules for years, report finds
        * Our Opinion: Another life saved by CPR
        * Esther Cepeda: Misreading our demographics
        * E.J. Dionne: Ferguson divides us less than we imagine
        * Richard Kaplan: Additional Rauner tax-return disclosures probably won’t reveal much
        * State Rep. Poe faces 3-week stem cell procedure in Texas


        * Documentaries on Herrin history set to air
        * Climate marchers arrive Sunday in Davenport
        * German man evicted for squeaky swing set sex prop
        * Gang member Rice guilty of murder try
        * Suspicious object turns out to be Star Wars toy
        * Colorful visitor
        * County forgives $2.4M in bad speed-camera tickets
        * Un-bee-lievable: 50,000 bees living in NYC ceiling
        * City says no profiling on noise law
        * Open Line


        * Jackie Robinson West playing in U.S. final today
        * Seahawks embarrass the Bears
        * White Sox waste Abreu's homer, lose to Yankees
        * Palatine Street Fest continues through Sunday
        * Trestman wants to see Jeffery ‘stack years together'

        * Statement by Representative Jan Schakowsky...
        * Legislation proposes mandating 24/7 nursin...
        * Statement by Representative Jan Schakowsky...
        * Farm Antibiotic Restrictions Proposed - Al...
        * Jan Schakowsky: Tom Marino's Response to '...
        * Telling Nancy Pelosi to do research is sex...
        * Schakowsky blasts Marino for 'sexist' atta...
        * Schakowsky: Marino's attack on Pelosi was ...
        * Dem: Attack on Pelosi was 'sexist' - The H...
        * How I failed to live on the minimum wage -...

        * Section of Interstate 70 named for Jerry C......
        * Homeless veterans project hits snag...
        * Homeless veterans project hits snag...
        * Homeless veterans project hits snag...
        * Lawmakers React to Iraq Journalist Death...

        * Senator Kirk Applauds New Life-Saving Stro......

        * Alleged Red Light Camera Bagman Cooperating With Feds
        * Whatever Floats Your Boat
        * Unrest in the Midwest
        * Possible Karen Lewis Super PAC Being Discussed
        * Report: State Agency Broke Hiring Rules For Years
        * We Are One Coalition Urges Circuit Court To Expedite Pension Suit
        * Supreme Court Won't Take Up Term Limits Appeal
        * CTU boss Karen Lewis officially files to run for Chicago mayor
        * Study: TSA Full-Body Scanners Photograph Genitals, But Miss Guns, Explosives, Knives
        * Appellate Court rules against term limits, effort heads for IL Supreme Court


        * Quinn Said He Was Stopping Patronage Hiring In 2010; He Was Actually Expanding It
        * Rauner: Quinn patronage scandal reminds us why we need term limits
        * Governor Quinn Announces New Class of Illinois State Police Cadets - More Cadets to Protect and Serve Communities Across Illinois
        * ICYMI: Term limits amendment — and citizens — lose
        * IDOT Teams Up with “Walking Dead” Star to Drive Down Fatalities in Illinois - Innovative New Labor Day Ad Campaign to Target Young Males; Law Enforcement to Crack Down on Drunk, Unbelted Drivers




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