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UPDATE: Via the Passing Parade blog, here’s the text of the Lefstein opinion. (pdf file)
WQAD has the scoop.
A legal opinion is in on who can vote to replace Congressman Lane Evans on the Democratic ballot.The ten page opinion says only elected precinct committeeman should vote in the selection process, and not those recently appointed.
It also says county chairmen ‘’have no legal authority to appoint'’ committee people who don’t live in the precinct. Since April 20, in Rock Island County, 31 of the 44 precinct committeemen appointed to posts by county chair John Gianulius do not live in the precinct.
The opinion was issued late this afternoon by Rock Island attorney Stuart Lefstein, who has been advising the State Central Committee, in charge of holding the election to replace Evans on the Democratic ballot before the November general election.
Lefstein was asked to research the unprecedented dilema facing Democrats after Congressman Evans announced he’s resigning because of his Parkinson’s disease.
The Illinois State Board of Elections and the Attorney Generals office declined to rule on the case.
Lefstein also believes that committeemen can split thier votes. He says precinct comittemeen, through a weighted vote process, may ‘’cast thier ballots for as few or as many candidates as they desire'’. Lefstein says since the selection process will be ‘’a substitute for a party primary'’, votes may be split ‘’in any manner that a precinct committeeman sees fit'’.
The ISBE and AG declined to rule? What the heck? You wanna bet this winds up in court?
What else have you heard?
posted by Rich Miller
Wednesday, May 10, 06 @ 4:20 am
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No kids to appoint?
Comment by ChiliMan Wednesday, May 10, 06 @ 5:45 am
Lefstein has opened his Opinion to serious challenge by asserting that there is no legal basis for county chairmen appoining precint committeemen who do not live in their precints.
Lefstein buttresses his argument by the fact that if an elected committeeman moves out of his precint he gives up his committeemanship.
The statute only says that the appointed committeeman has to be from the county.
What Lefstein does not recognize is that it is the prerogative of the County Chairman to appoint precint committeemen. So it follows that if the committeeman moves out, the county chairman should appoint a replacement. This could be the same committeeman or someone else.
There may or may not be merit in the legal argument that appointed committeemen should not be allowed to vote at a congressional slating. But, Lefstein has placed his entire Opinion in question by making the assertion that appointed precint committeemen must live in their districts. First the statute only states the requirement that the appointed precint committeeman be from the county. Second, throughout Illinois, in both parties, there a substantial number of appointed precint committeemen who do not live in their precints.
Lefstein overreached. His Opinion will pay the price.
Comment by True Observer Wednesday, May 10, 06 @ 8:14 am
From the QC Times this morning - this is going to get ugly:
Some Democratic precinct committeemen from Illinois’ 17th Congressional District are feeling snubbed after not being invited to the party’s nominating meeting Saturday, where the slate of candidates seeking to replace U.S. Rep. Lane Evans will be set.
Sticking to his guns, 17th District State Central Committeeman Don Johnston sent invitations only to the 396 elected committeemen, spurning the hundreds appointed to fill the 325 vacant precincts across the district.
Comment by Crazy Larry Wednesday, May 10, 06 @ 9:08 am
We need an opinion from the AG’s office before Saturday, not after Saturday. This is a key legal question and legal issue.
Comment by anonymous Wednesday, May 10, 06 @ 9:14 am
I don’t mean to quibble with your headline, Rich, but WQAD did not get the scoop. A Quad-City Times story, with an interview with Lefstein detailing the points of his opinion, ran on May 5.
Comment by Tory Wednesday, May 10, 06 @ 9:26 am
Anon 9:14 is absolutely right about the need for definitive legal guidance. We’re gonna end up looking like idiots and making this situation far worse than it needs to be…
Comment by RFK fan Wednesday, May 10, 06 @ 9:27 am
The Democrats need to get it together or face continue egg on their face.
The ego problem in Rock Island is horrble. Like Grumpy Ole Democratic men.
Where is the leadership from the state level (governor who John g works for),Durbin or DCCC.
JUlie Curry with ties to Durbin and the Governor has been pushing Sullivan and trying to line up her groupie Macon County Chairman to support Sullivan.
That would be fitting since Curry,Sullivan, and new Macon County Chairman all do not live in the 17th district.
Lets bring back Paul Vallas to run for Congress.
Comment by decatur's lincoln Wednesday, May 10, 06 @ 10:01 am
Do any of the Democratic County Chairmen have the letter from Mike Madigan from probably 2 years ago stating that we could appoint committemen to open precincts from anywhere in the county. I no longer have my copy but do remember receiving it.
Comment by anon Wednesday, May 10, 06 @ 2:43 pm
Statewide Democratic leaders always enjoy big pluralities from Rock Island County, and there are fewer counties in the state that work harder to turn out the Democratic vote than Rock Island. But now that Quad City Democrats are scrambling to get some clarification before this Saturday, no one in Springfield or Chicago wants to help. It’s too hot politically, it’s a local matter, it’s not a legal issue, they say. But the unfortunate reality is that if this meeting goes south on the party this Saturday then it could become a much bigger political problem.
Please intervene now, clear up the rules, and then let’s get on with it. We all win.
Comment by anonymous Wednesday, May 10, 06 @ 2:49 pm
Stockwell is pulling out of 17th CD contest and supporting Sullivan.
It will be a surprise tomost in Macon County that did not know she was running in the first place
Comment by decatur's lincoln Wednesday, May 10, 06 @ 2:51 pm
I am going to be very disappointed in my party if the 17th goes in play. We can not let the Republicans have a shot at this… especially Zinga.
I still would like to see one news agency point out that the Co Chair of the 17th is Mike Boland’s (candidate) wife.
Comment by Scott Wednesday, May 10, 06 @ 5:38 pm
Unfortunately this opinion was written after the answer had been determined by Don Johnston and Mrs. Mike Boland. Did anyone doubt that the legal opinion purchased by Don and Mary would “support” their previously announced statement and process. This is not an unbiased third party opinion like we would have gotten from the State Board of Elections or the Attorney General. Look for an alternative opinion to be published in the near future.
If you follow the logic and make everything consistent you would conclude that if a “qualified” resident of the county, which in Lefstein’s opinion means that they must live in the precinct, is appointed to represent their precinct, that those duly appointed committeemen should be allowed to vote. All of the other arguments simply repeat the contention that anyone appointed from outside the precinct has not been legally appointed and THAT is why they should not participate.
As always there is middle ground where neither side was completely right. Now it is up to the Committee to decide what is appropriate and to vote on the process for counting the votes. The right thing to do is for Johnston and Boland to compromise and try to follow the intent and letter of the law. Appointed Committeemen who live in the precinct and were appointed prior to the vacancy becoming official should be allowed to participate and vote. Their precinct IS disenfranchised by excluding their votes. That is NOT democracy. It just makes makes sense. How come nobody ever argued before yesterday that these appointments were not even valid or legal, just that they shouldn’t be allowed to vote. Is it because they were accepted by the County Clerk without question because it was a long standing practice? Is it because county chairman have relied upon a prior erroneous legal opinion providing for the appointment of any county resident and it has never been challenged?
This process needs to be conducted in accordance with the law and the process should be reviewed by the State Board of Elections to make sure the law was followed after the vote is taken, no matter what happens in the interim.
Comment by Anonymous Wednesday, May 10, 06 @ 8:54 pm
Hey Phil! Quit sending me letters from people that aren;t involved or I really don’t care to hear from. What is that 20 now? I am casting my votes for Sullivan!
Comment by anon Wednesday, May 10, 06 @ 10:02 pm
Amy Stockwell saying on TV last night “that you all know how much I love my job”. Then why do you make these attempts atall these other jobs like running against Senator Watson or Rep. Flider?
Like many said before a Pawn of the Sullivan forces. One would think that Amy would agree with someone who is against a women’s and gay rights. Sullivan does not appear to have the same beliefs. You never know where Amy really stands.
Comment by huh Thursday, May 11, 06 @ 9:15 am
Mr. Boland, where have you been and where the heck are you going? You’ve been elected as state representative, but over the past 12 months or so, you’ve outwardly lobbied for a state senate seat, told Chicago media last summer you were going to run for Illinois state treasurer and now you lobby to be a candidate for U.S. Congress in the 17th District.
Comment by scattered Thursday, May 11, 06 @ 12:30 pm