SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
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.


- Posted by Rich Miller        

  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:

    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.

* One more day
* Reader comments closed for the weekend
* Sign of the times?
* Question of the day
* Exelon Just Received A $1.7 Billion Rate Increase Through The Market-Based Capacity Auction
* Today's number: 60
* No imminent power shut-offs
* Chamber all-in on impasse
* COGFA: State receipts down almost a billion dollars in first quarter
* Two racetracks will likely close
* "How many babies have to die?"
* Report: "A billion-dollar giveaway rife with failure"
* Frerichs warns of impasse consequences
* Quinn touring the state
* Yesterday's blog posts

Visit our advertisers...







Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

    * Hermès Apple Watch collection gets launched, for those of you who can spare $1100
    * Weatherback Weather Wallpaper gives you visual weather update
    * OnePlus comes through with some affordable USB type-C cables
    * A Look Ahead To Tomorrow’s Windows 10 Hardware-Pa-Looza
    * Nova Launcher updated to 4.1.0, icon normalization feature is here
    * HTC One A9 name looks as good as confirmed
    * Samsung Gear Manager now ready for other non-Samsung phones

    * 2015 in 3 words: Sale, Abreu, inconsistency
    * Hawk cutting '16 broadcast schedule
    * Podcast: Shifting the target
    * White Sox face toll of three losing seasons
    * Montas solid, but offense silenced in finale
    * Sale, Abreu among White Sox record setters
    * Tigers 6, White Sox 0: And Seth Smith shall protect them


    Main Menu
    Pundit rankings
    Subscriber Content
    Blagojevich Trial
    Updated Posts

    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


    RSS Feed 2.0
    Comments RSS 2.0


    * Chicago aldermen demand firing of police superintendent
    * Verizon moving center to Rolling Meadows, adding 200 jobs
    * Report shows steep increase in Indiana homeless students
    * Illinois to implement new ratings for schools, districts
    * Elgin schools CEO frustrated with lack of Legionella advice
    * Illinois Senate to get 2 new members to fill vacancies
    * Number of Chicago heroin overdoses hits 74 in 3 days
    * Car crashes into northern Illinois church, injuring 6
    * University of Illinois opens center for wounded veterans
    * Opponents upset Chief Illiniwek merchandise available online

    * Chancellor Koch: Budget pressures growing for UIS, other schools
    * Illinois to implement new ratings for schools, districts
    * Budget impasse cuts services for domestic abuse victims
    * Weaver tapped to replace LaHood in Illinois Senate
    * Peoria city councilman tapped to replace Darin LaHood in Illinois Senate
    * Illinois budget impasse affecting emergency call systems
    * Legal marijuana stirs hope in southern Illinois town
    * Statehouse Insider: We have a problem. Is anyone there?
    * AP Exclusive: Legal marijuana stirs hope in southern Illinois town
    * Gov. Rauner: Illinois budget standoff 'could go on for a while'

    * Former Motorola president becomes head of DuPont
    * Data hack at 7 Trump hotels confirmed
    * Trump hotels confirm data hack
    * Trib papers offer broadest employee buyout yet
    * Baxalta reaches milestone in besting AbbVie's blockbuster drug

    * African-American aldermen call on Emanuel to fire top cop
    * Griffin divorce negotiations no surprise to experts
    * Shepard High School lifts lockdown
    * City ends Great Chicago Fire Festival funding
    * Niles man, 28, charged in connection with stabbing of 17-year-old
    * A quick guide for the wannabe Cubs fan
    * Mantuano, Contino, Joho among Chicago Chefs Hall of Fame inductees
    * Suspect in terrorist bomb plot for Chicago is found mentally fit for trial
    * Rubio names Lisle state senator to lead his GOP presidential bid in Illinois

    * Chancellor Koch: Budget pressures growing for UIS, other schools
    * Illinois to implement new ratings for schools, districts
    * Paul Findley: Boehner deserves souvenir from Pope's visit
    * Budget impasse cuts services for domestic abuse victims
    * Weaver tapped to replace LaHood in Illinois Senate
    * Illinois budget impasse affecting emergency call systems
    * Legal marijuana stirs hope in southern Illinois town
    * Bernard Schoenburg: An added loss for workers at Illinois State Museum
    * Angie Muhs: Comics, the 'Power of the Press' and more
    * Bernard Schoenburg: An added loss for workers at Illinois State Museum

    * Salvation Army Auxiliary offers 63rd annual fashion show at Peoria Civic Center
    * PODCAST: Dr. Tom Ramage, President of Parkland College
    * 13-year sentence in campus robbery
    * Verizon moving center to Rolling Meadows, adding 200 jobs
    * Buyouts coming at company behind Chicago Tribune, LA Times
    * Woman accused of injecting 14-year-old daughter with heroin
    * United States, 11 Pacific Rim countries reach trade deal
    * Twitter gives co-founder Jack Dorsey a 2nd chance as CEO
    * Hangin' with Bill Cubit
    * Man gets 6 years for aggravated criminal sexual abuse

    * Crystal Lake foundation has big plans for Elgin's Masonic Temple
    * Fox Waterway Agency says it needs space to process dredged material
    * Derek Wolfe returns to league's top-ranked defense
    * Jaguars have plenty of blame to go around after latest loss
    * District 156 teachers return to picket lines in McHenry

    * 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. Durbin Blames the NRA for Preventing ......
    * Durbin Outraged by Northwest Indiana Gun S......
    * Sweeping Bipartisan Federal Sentencing Ref......

    * Senators Kirk, Toomey Bet on NL Wild Card ......
    * David Letterman, Al Franken Team Up to Hel......

    * The PI Week In Review
    * State Sen. Michael Connelly To Oversee Marco Rubio's Campaign In Illinois
    * Chicago chapter of NAREB collaborates to serve consumers
    * Small Business Owners Criticize State Economic Development Subsidies
    * New School Rating System To Roll Out In Illinois
    * REbarcamp gives Illinois REALTORS 10 ways to learn more from each other
    * Chicagoans Speak Out On 2016 Budget With Progressive Aldermen At Town Hall Meeting
    * CPS Officials Revise Inflated Graduation Rates (UPDATED)
    * Kotowski's Replacement To Be Sworn Into State Senate
    * Chuck Weaver selected to replace Darin LaHood in 37th Senate District

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