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.


* Sunday leaders meeting notes: Madigan counts the minutes, Republicans claim "new level of stalling"
* *** UPDATED x1 *** *** LIVE *** Leaders meeting coverage
* Reader comments closed for the weekend
* Mendoza transition team responds to the Sun-Times' Madigan conspiracy theory
* *** UPDATED x1 - Durkin responds *** Back to the future: Madigan demands "memorandums of understanding"
* Question of the day
* Shimkus loses out on plum post
* *** UPDATED x1 *** Moody's says Rauner veto is just one of many problems facing CPS
* *** UPDATED x4 - Mendoza responds - Munger calls suit "cowardly" *** Lawsuit filed over legislator pay
* The "green energy" side of the Exelon bill
* Caption contest!
* How is this "breaking our agreement"?
* Positioning, practicalities and politics weigh heavily against a House override
* Report: A decade to reach solvency, if leaders cooperate on tough plan
* *** UPDATED x2 *** Rauner goes into the lion's den
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* 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

  
* BLU accuses Shanghai Adups of request violation, migrating updates to Google’s systems
* Cyanogen move is official and so is Steve Kondik’s departure — wither CyanogenMod?
* FCC policy on zero-rate streaming hardens towards AT&T and Verizon
* More than 100 SwiftKey themes go free for the holidays
* Design engineering firm: Galaxy Note 7 tolerances not enough for battery
* Wandered.space helps you explore the cool spots all around you
* Amplify lets you play synchronized songs across every phone in the room

* Several teams showing interest in Sale
* White Sox plans could clear up at Meetings
* Lawrie, Garcia settle with White Sox for 2017
* Garcia, Lawrie settle with White Sox for 2017
* Peace & glove: Owners, players reach CBA deal
* White Sox plans could clear up at Meetings
* Garcia among White Sox non-tender options

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


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

Archives
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
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


* Another year of financial uncertainty looms for.....
* Another Year of Financial Uncertainty Looms for.....
* Madigan: Illinois budget discussed for 14 minut.....
* Illinois Seeks ‘Light Touch’ Blockchain Regulat.....
* Another Year Of Financial Uncertainty Looms For.....


* Vets to help protesters, asked not clash with officials
* University of Illinois chancellor reviews emergency plans
* University of Illinois chancellor reviews emergency plans
* Another year of financial uncertainty looms for Illinois
* Another year of financial uncertainty looms for Illinois
* EXCHANGE: Augmented reality in app for visually impaired
* EXCHANGE: Man creates memorial for fellow servicemen
* Lawyer seeks to replace 105-year murder sentence
* Weather advisory issued for Sunday in northern Illinois
* Ukulele is a popular music-class addition

* Another year of financial uncertainty looms for Illinois
* Lawmakers sue comptroller for not paying them
* Electronic road signs are dark near Effingham due to budget
* State lawmakers vote to spare 2 nuclear plants
* Legislature OKs Exelon subsidy plan, goes to Rauner
* Rauner: No more stopgap budgets without property tax freeze, term limits
* Illinois shutters nation's last prison roundhouse
* Clinton nuclear plant has history of cost, job uncertainty
* AFSCME files lawsuit over labor contract
* Rauner to Dems: No budget without term limits, property tax freeze

* Like our roundup? Share it around.
* A right hook to men and women hurt on the job
* Nothing brings pols together like a bailout
* Drink up, Chicago. Jim Beam's in town now
* Think Springfield can borrow its way out of trouble? Think again


* Monday letters: Like after a flood, declare state of emergency
* Could be worse: Bears thump 49ers, 26-6, for third win of season
* Madigan: Illinois budget discussed for 14 minutes
* Mount Prospect man dies after crash on Route 390
* The days of the ‘Bench Mob’ are long gone for the Bulls in ’16
* Trump threatens payback for US companies that move abroad
* Steinberg: How to refute Trump’s lies? With force and alacrity
* City dispatches 210 snow plows as city’s first snow falls
* Ohio St.-Clemson, Bama-Washington set for CFB playoff
* Vehicle on tracks in Skokie suspends Yellow Line service


* Dylann Roof to judge: Let lawyers back on S.C. church death penalty case
* California warehouse fire: 30 dead, 'arduous' search for victims continues
* Week 13 live blog: Bears get third win of season, defeat Niners 26-6
* Petraeus defends candidacy to run State despite past 'mistake'
* Fidel Castro laid to rest in private ceremony in east Cuba
* Syrian army tells rebels in Aleppo to leave or die
* Northwestern will face Pittsburgh in Pinstripe Bowl
* 1 killed in shooting involving northern Indiana officers
* Washington gets final spot in college football playoff rankings; Penn State misses out
* Russian President Vladimir Putin calls Trump 'smart,' but it's not entirely a compliment


The widget AQL4JYGHIY powered by Feed Informer does not exist.


* Another year of financial uncertainty looms for Illinois
* Our View: Fall veto session leaves Illinois in worse state than before
* Bernard Schoenburg: Divine intervention on budget? Still waiting
* Statehouse Insider: No budget deal; see you in January
* Angie Muhs: New sports editor to start at the SJ-R
* Amy Voils: How do I really help the homeless?
* Jason Dockter: LLCC a leader in online education
* A home for the holidays: How do I really help the homeless?
* LLCC a leader in online education
* Guest Column: Where is the bailout for human services?


* Looking Ahead: Bucktown Building on Davenport council agenda
* Slippery roads reported following snowfall
* Hy-Vee seeds Mr. Thanksgiving's 2017 meal with $21,000 donation
* Dec. 4 Asmussen Top 25
* Club members give back, festively
* Follow-up file: 40 years ago, Broadway star Fred Applegate got first job at Circa '21
* Childhood favorite finds new home at museum
* Committee picks Alabama, Washington, Ohio State and Clemson
* Eastview Church welcomes, feeds, clothes thousands
* Coming home: Man freed after 18 years in prison


* Santa takes news copter to Schaumburg
* Bears beat hapless 49ers at snowy Soldier Field
* Florida, Iowa a matchup of 8-4 teams at Outback Bowl
* The Latest: Falcons left tackle Matthews injures knee
* The Latest: Western Michigan going to row to the Cotton Bowl

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Sen. Dick Durbin Unveils Protection Effort......

* SEIU leaders say planned Monday strike by ......

* Governor Rauner vetoes CPS budget agreement. “We know Trump,” says CTU President Karen Lewis. “We’ve had Rauner for two years.”
* Qualified.
* Sunday mishmosh.
* Zombies in Washington (an art project).
* A Nickel's Worth of Difference
* #TBT. Los Angeles. 1963. Fighting segregation.
* Peace through fear.
* On the day Trump formally handed the U.S. government over to Wall Street Executives (and not the first time this has happened by any means).
* Get it in writing? It is in writing. It’s called the pension protection clause of the Illinois Constitution.
* Chicago Cubs co-owner Todd Ricketts to be Trump's deputy commerce secretary


* Thanksgiving Holiday Travel Brings Lowest Fatality Rate In Six Years
* Governor Announces Appointments to Illinois Bicentennial Commission
* Stateville Correctional Center’s F House Officially Closed
* Governor Takes Bill Action
* IEMA Highlights Safety during the Holidays - Encourages holiday shoppers to give preparedness gifts this year




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