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.


* Afternoon updates
* Question of the Day
* #AOLhacked
* GOP Leaders are "Nay" to Obama library
* Reilly talks up TIF changes over prop tax
* 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

          
        * 10 best Windows Phone apps for smarter working on the go
        * New Renders Show Off 'iPhone 6s' and 'iPhone 6c' Concepts
        * Seven-inch Samsung phone looks like tablet, while being a phone at the same time
        * iPhone 6 phablet delay, WP8.1 preview adoption, Amazon phone tilting & more – Pocketnow Daily
        * Google Play Stores holds Spring Premium Game Sale
        * Sense 6.0 update status for HTC One (M7) posted online
        * T-Mobile bribes BlackBerry users to switch to a Samsung Galaxy S5

        * OnePlus One Launched
        * Dragon Age Inquisition Release Date And New Trailer Unveiled (video)
        * COSMOS: A Spacetime Odyssey hits Blu-ray on June 10
        * Shelly Palmer Radio Report – April 23, 2014
        * Add ultracapacitors to the list of devices that could benefit from graphene
        * Microsoft Hotline Helps Entrepreneurs in India Build Tech Startups
        * NYPD Twitter Effort Ends Up As A Disaster

        * Rienzo tasked with slowing Detroit's powerful lineup
        * Leesman endures short outing in first start
        * Tigers 8, White Sox 6: Turning a mismatch into a game
        * Leesman endures short outing in first start
        * Ventura not basing decisions solely on pitch count
        * Gillaspie sits out with sore left hand
        * Relief corps showing signs of working into shape


        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


        * Rauner draws City Hall rebuke over robocalls ti.....
        * Jim Oberweis nixes the bipartisan immigration r.....
        * Internal Memo Says Illinois Medicaid Paid $12 M.....
        * Lawsuit seeks investigation of hiring under Quinn..
        * Hastert among GOP supporters of immigration reform..
        * Correction: Illinois Medicaid-Overpayments story..
        * Emanuel rips Rauner over pension stance..
        * Illinois GOP congressmen warm to immigration re.....


        * Lawsuit seeks investigation of hiring under Quinn
        * Lawsuit against Mississippi gun dealer settled
        * Hastert among GOP supporters of immigration reform
        * Ex-radical group member says university ending job
        * Spring corn planting still sputters in key states
        * Death penalty case shifts focus to slain Ill. kids
        * Illinois audit: Police training money misspent
        * Man convicted in 1957 Illinois death appeals
        * Acco to add 162-job call center in Booneville
        * Bruce Rauner details some views on immigration

        * Clock ticking for states to adopt health exchanges
        * Madigan re-elected to lead state Democratic party
        * Hastert, other state Republicans supporting immigration reform
        * Lawsuit seeks investigation of hiring under Quinn
        * GOP lawmaker objects to 9-0 vote for Obama library
        * DNR mining-oversight official fired
        * Democrats: Illinois schools could face major cuts
        * State prisons to use costly drug for hepatitis C
        * Illinois Medicaid paying for dead clients
        * Quinn grants 43 clemency requests

        * Emanuel rips Rauner over pension stance
        * Madigan re-elected to lead Illinois Democratic party
        * Ebony editor-in-chief steps down
        * Ebony magazine puts Jet editor in charge
        * Ebony taps Jet editor to take top slot


        * No public money for Obama library
        * Ex-head of suburban religious organization denies sex harassment
        * FBI informant on tape hugging man before shooting him: prosecutors
        * Make graffiti taggers pay for vandalizing CTA buses, trains
        * CPS puts $100 million price tag on mayor's A/C-in-schools edict
        * Robo-calls raise Rauner-Rahm rift
        * Republican leaders say state can’t afford $100 million for Obama library
        * Oberweis apologizes as GOP leaders urge action on immigration
        * Cops: Man kills wife outside NW Indiana school, then takes own life
        * Two teens shot in South Shore neighborhood


        * 1 dead, 3 injured after CTA bus, van collide in South Chicago
        * Pawnshop that sold gun used to kill cop agrees to report more on sales
        * CPS mulls privatizing 3 more schools
        * Maywood man charged in weekend hit-and-run death
        * 8 wounded in separate city-wide shootings
        * 6 injured when South Side police chase ends in crash
        * CTA's new weapon in graffiti battle: suits against vandals, parents
        * Man accused of assaulting woman at Woodstock motel
        * FBI informant on parole denied bail in fatal shooting caught on video surveillance
        * Firefighters rescue man from burning building in Roseland


        * Initial Obama Library Vote A "Misunderstanding"
        * The Vanishing Millionaire Tax
        * Legislator Protests Madigan As Party Chair, Won't Say Why
        * Tax Returns Revealing ... But Not Revealing Enough
        * Quinn Releases Tax Returns; Rauner's Waiting
        * Illinois Senate Joins Push For U.S. Constitutional Convention
        * Quinn Signs Law Intended To Lower Cost Of Auto Leasing
        * Mayors' group pushes for Illinois pension reform
        * Two don't-miss events this Wednesday
        * Illinois Medicaid Paying For The Dead


        * Our Opinion: Top Teen making Springfield a better place
        * Our Opinion: Computer lab a boost for the homeless
        * Lawsuit seeks investigation of hiring under Quinn
        * Madigan re-elected to lead state Democratic party
        * Madigan: 'Misunderstanding' on Obama library vote
        * Hastert, other state Republicans supporting immigration reform
        * Audit: Treasurer's office has 30 guns not given to police
        * State audit: Police training money misspent
        * Amazon takes hit in states with online tax, study says
        * Bankruptcy court trial sought over $3.8 million paid to Parsons


        * IDNR wrapping up controlled burns across state
        * Decorative bags for Earth Day greet Decatur Kroger shoppers
        * Jackson County hosts asparagus workshop
        * Williamson County Child Advocacy Center gets re-accreditation
        * John Adams Jr.
        * Anne Otey
        * John Oakley
        * Gipsey Hicks
        * Lavell 'LD' Starrick
        * Charles 'Blue' Perschbacher


        * 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

        * Nuke advocate attacks Obama - Reno News & ...
        * Grant puts AEDs in Clark County - Paris Be...
        * Congressman's staff in Neoga today - Journ...
        * Congressman to visit Renewable Energy Cent...
        * Shimkus Honors 100th Anniversary of Heath ...
        * Congressman to visit with constituents in ...
        * IRS Tax Breaks Available for Disaster Vict...
        * Shimkus accepting Congressinal Art entries...
        * Congressman to host art show at Tarble - D...
        * Shimkus tours EIU Renewable Energy Center ...

        * 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......

        * Obama Administration Tightens Grip On Intelligence
        * Catching gangbangers on bikes?
        * You’d think it was still 20th Century by composition of immigration forum
        * CPS: Emanuel's Air Conditioning Mandate To Cost $100 Million
        * 6th Ward Alderman on CAN-TV's Political Forum
        * Reading the Tea Party Leaves
        * The Brick Stackers
        * Recipe for success
        * Court Critical Of Ohio Law Punishing Campaign Lies
        * Michigan Affirmative Ban Is OK, Supreme Court Says


        * Governor Quinn Promotes Welcome Home Illinois Program at Annual Affordable Housing Conference - Addresses Industry Leaders on State’s Improving Housing Market and New Program for First-Time Homebuyers
        * IEMA Encourages Participation in ‘America’s PrepareAthon!’ on April 30 - First National Day of Action Expected to Draw Millions of Participants
        * Redeploy Illinois Program Diverts Thousands of Youth From Prison System, Saves State $60 Million - New analysis of prison diversion initiative shows 54 percent reduction in juvenile incarceration
        * Illinois EPA Recognized for 40 Year of Graduate Public Service Internship Partnership with University of Illinois at Springfield - Agency Internship Programs Help Students Gain Real-World Knowledge of Environmental Protection and Regulations
        * Governor Quinn Proclaims Tuesday, April 22, Earth Day in Illinois - Urges People Across the State to Go Green and Continue Environmental Consciousness




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