Capitol Fax.com - Your Illinois News Radar » Lane Evans open thread - UPDATED
SUBSCRIBE to Capitol Fax      Advertise Here      About     Exclusive Subscriber Content     Updated Posts    Contact Rich Miller
CapitolFax.com
To subscribe to Capitol Fax, click here.
Lane Evans open thread - UPDATED

Friday, Apr 28, 2006 - Posted by Rich Miller

Congressman Evans has not yet officially withdrawn from the race.

A letter from U.S. Rep. Lane Evans withdrawing his Democratic nomination for Congress has not been received by the Illinois State Board of Elections, potentially slowing the process to replace him on the November ballot.

I presume he’s waiting in order to put pressure on the locals to agree to his chosen replacement.

What have you heard?

UPDATE: A commenter points to this state statute

(10 ILCS 5/25‑2) (from Ch. 46, par. 25‑2) Sec. 25‑2.

Events on which an elective office becomes vacant. Every elective office shall become vacant on the happening of any of the following events before the expiration of the term of such office: […]

(3) His or her becoming a person under legal disability.

…And notes:

Evans has not sent in his letter to decline the nomination because his lawyers are probably trying to figure out what the heck to do.

A Circuit Court Judge has adjudged him to be a disabled adult. In the Petition for Appointment of Guardian they said that he was not competent to sign a power of attorney, otherwise they wouldn’t have needed the guardianship.

Sec. 11a)2. “Disabled person” defined.) “Disabled person” means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate

Since he can’t sign, it is likely that his guardian will have to get the Court’s permission to sign it for him since a guardian in Illinois would not normally have the power to do it on his own. […]

The catch is that only the Governor can declare the vacancy and call a special election for the balance of the term.

[emphasis added]

       

18 Comments
  1. - yougotta be kidding me - Friday, Apr 28, 06 @ 8:28 am:

    If people did not understand before what a joker this guy is, then his handling of this situation should start to open eyes. He has never cared about what the people thought (i.e. votes against protecting the US Flag, vote against protecting the Pledge of Allegiance, vote against the ban on Partial Birth Abortion), not he is clearly jerking with the process (of letting the people choose) in orde to get his buddy Hare in (who otherwise would have absolutely no chance and is the weakest of all candidates).

    Shame on you Lane Evans.


  2. - Ragin RINO - Friday, Apr 28, 06 @ 8:50 am:

    Didn’t Jack Ryan pull this same stunt before he finally dropped out?


  3. - VanillaMan - Friday, Apr 28, 06 @ 9:25 am:

    Evans has been hit by an illness that has progressed to the point where he may be unable to keep on top of things like this. This is partly why he is retiring. He is unable to run again, whoever we pick as his replacement. With no movement on his successor’s pick, we don’t need an official withdrawl - yet.

    The feeling is that this is such a diehard Democratic district, whoever is picked will easily knock off Zinga. So, no one is really sweating it - yet.

    Zinga has the little towns and counties, but the big dog is Rock Island, which delivers the majority of the votes here, and is dependably Democratic.


  4. - Observer-to -all - Friday, Apr 28, 06 @ 9:52 am:

    ‘With no movement on picking his successor, we don’t need an official withdrawl yet’ - that is just the issue…(1) there is plently of movement, and (2) the next step all hinges on his withdrawl.

    When Evans has clearly manufactured this whole thing to help Hare get in, his delays only hurt Hare (as the more time everyone has to get to know the other candidates, and get to know Hare better, the more of an issue Hare has).

    Also, Zinga has nothing locked, not even ’small towns and counties’ (she lost everything but Adams County in 2004 and lost a majority of the counties in the primary).


  5. - True Observer - Friday, Apr 28, 06 @ 10:23 am:

    Evans has not sent in his letter to decline the nomination because his lawyers are probably trying to figure out what the heck to do.
    A Circuit Court Judge has adjudged him to be a disabled adult. In the Petition for Appointment of Guardian they said that he was not competent to sign a power of
    attorney, otherwise they wouldn’t have needed the guardianship.

    Sec. 11a)2. “Disabled person” defined.) “Disabled person” means a person 18 years or older who (a) because of mental deterioration or physical incapacity is not fully able to manage his person or estate, or (b) is a person with mental illness or a person with a developmental disability and who because of his mental illness or developmental disability is not fully able to manage his person or estate

    Since he can’t sign, it is likely that his guardian will have to get the Court’s permission to sign it for him since a guardian in Illinois would not normally have the power to do it on
    his own.

    Note: Under Illinois law, once a person is found to be under legal disability, a vacancy exists in the office. (10 ILCS 5/25-2(3)).

    The catch is that only the Governor can declare the vacancy and call a special election for the balance of the term.
    The deadline for being able to call a special election is May 10, 2006. The election would probably be around September 5 with a primary 15 days before.


  6. - Hare of the Dog - Friday, Apr 28, 06 @ 12:17 pm:

    Lane deserves a part of the blame for this mess, but he has a fine record and is generally very honest. Lane’s troubles began with Phil Hare playing loose with the independence of their “Victory Fund” campaign account, which subsequently caught the attention of the FEC.

    Then Lane hangs on, why? So Phil can manufacture this moment. Anyone who has seen Lane in the last several years knows that he has not been able to function effectively, even at a minimal level, in what is already a very difficult, physically taxing job. And Phil Hare, supposedly someone who is a close friend of Lane’s, did not counsel his friend to let it go, to preserve his legacy. Instead he said, hang in there Lane, and ran the office a la President Wilson’s wife.

    This is the real tragedy: that the man who is now sullying Lane’s stellar record is the one who hopes to benefit from Lane’s Illness. Let’s hope there is at least poetic justice in the general election. As a loyal Democrat I would never pull for a Republican, but in this case, I’m hoping for a Zinga win if it’s Hare. If someone else is nominated, I could avoid the ignominiousness of supporting someone who would vote for Denny Hastert for speaker and keep us the Republican Majahideen in power for another two years.


  7. - anonymous - Friday, Apr 28, 06 @ 3:00 pm:

    Tomorrow is the final public forum (it will be in Carlinville) and the only outstanding issue is whether recently appointed precinct committeemen/women will be allowed to vote.
    This process is winding down and Democrats should have a nominee by Memorial Day. Everything is moving along smoothly and the forums have provided some sunshine on the party and its candidates in a good way. No backroom deals in this race. I salute the Dems of the 17th CD.


  8. - Anon - Friday, Apr 28, 06 @ 3:11 pm:

    anonymous 3:00 pm
    Keep dreaming. Questions still to be answered:
    1. Does a plurality win it on the first ballot or do they have to keep voting until a majority.
    2. Do they have a convention or vote by mail. The law seems to imply a meeting (i.e. convention).
    3. Will proxy voting be allowed.
    4. If a convention, where will it be held.
    5. How are nominations to be made and who gets to make them.
    There are a lot more.


  9. - anonymous - Friday, Apr 28, 06 @ 3:28 pm:

    To Anon 3:11, sure, there are a few questions but this process is moving along very well, very much in the sunshine and in a timely manner. We’ll have a candidate by Memorial Day. I, again, salute the Democrats in the 17th CD for running a campaign that is open to the press and the public. Republicans would have cooked a backroom deal and announced their candidate. These forums are great for the party. We need to keep up the good work to position ourselves for the general election.


  10. - anonymous - Friday, Apr 28, 06 @ 3:30 pm:

    Yes to the above. And also, congrats to John Gianulis, Don Johnston and Mary Boland for keeping this process moving along and open to the public for media scrutiny. That’s how the party avoids a black eye. Keep up the good work!


  11. - political wind - Friday, Apr 28, 06 @ 3:32 pm:

    Yes, congrats to the Rock Island County Democrats. They have done a good job of keeping the process moving along and at the same time providing the public with an open process that is opposite what Republicans would be doing right now.


  12. - Anon - Friday, Apr 28, 06 @ 4:43 pm:

    anonymous 3:28/anonymous 3:30 pm/political wind:

    Where do you guys get your hallmark cards?


  13. - anon - Friday, Apr 28, 06 @ 4:54 pm:

    That law will have no effect upon a federal official.


  14. - Anonymous - Tuesday, May 2, 06 @ 10:48 am:

    Lane Evans has officially withdrawn from the ballot as posted on the QC TIMES website today.


  15. - nemoforone - Friday, Mar 30, 07 @ 7:01 pm:

    What about the possibility of pulling out of Iraq, letting Iran invade and lose resources fighting their own kind,
    and then come in and mop up the dregs?


  16. - Apostolis - Friday, May 18, 07 @ 4:18 pm:

    Sorry :(


  17. - Yiannis - Friday, May 18, 07 @ 10:12 pm:

    Nice


  18. - Kypros - Tuesday, Jun 5, 07 @ 7:22 pm:

    Cool…


Sorry, comments for this post are now closed.


* Isabel’s afternoon roundup
* Save the date!
* Energy Storage Can Minimize Major Price Spikes
* Trial gives glimpse into how Madigan managed his members
* Pritzker announces $72 million in medical debt relief for nearly 53K Illinois residents
* AG Raoul warns Mayor Johnson to reverse police reform budget cuts or risk sanctions
* Madigan trial roundup: Defense attacks credibility of ex-ComEd executive
* Senate President puts hold on bill to protect key aquifers from carbon sequestration
* Showcasing The Retailers Who Make Illinois Work
* Open thread
* Isabel’s morning briefing
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* Live coverage
* Selected press releases (Live updates)
* Trump border czar pick has message for Pritzker: 'Game on'
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

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

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

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

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


Loading


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

Archives
November 2024
October 2024
September 2024
August 2024
July 2024
June 2024
May 2024
April 2024
March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
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




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