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*** UPDATED x1 *** Button of the day and a confusing court ruling

Thursday, Jun 17, 2010 - Posted by Rich Miller

* As we already know, Gov. Pat Quinn’s campaign was in Bloomington yesterday for a counter-rally during Jeb Bush’s fundraiser for state Sen. Bill Brady. The Quinnsters were decked out in buttons displaying a message that will surely be a theme for the rest of the campaign…

From the coverage

“Bill will have a big challenge in front of him, but leadership matters and I have confidence he has some big ideas and can restore growth to Illinois,” he said.

Brady said that in order to get Illinois finances back in order, the state must change its philosophy.

“We have to start living within our means,” Brady said. “We have to live up to our obligations, but we don’t have enough funding for schools, human resource providers and county governments.”

The economy also was the focus of Simon’s speech, and she wasn’t shy about taking shots at Brady’s featured guest. Brady’s private event featuring Bush required $500 per ticket.

“Our event was free and open to the public, and we drew a huge crowd,” Simon said. “This is Bill Brady’s hometown and yet it’s obvious that people want to hear our message and want to support our cause.”

* In a long, torturous opinion, the 7th Circuit Court of Appeals decided yesterday that Illinois is supposed to hold a special election to fill the US Senate seat vacancy created when Barack Obama was elected president…

As the case now stands, the plaintiffs take the position that the Seventeenth Amendment requires Governor Quinn to issue a writ of election calling an election to fill President Obama’s vacancy in the Senate, and the state is arguing that he is under no such obligation. Our analysis of the Seventeenth Amendment convinces us that the plaintiffs have shown a strong likelihood of success on the merits. The governor has a duty to issue a writ of election to fill the Obama vacancy. That writ must include a date, but it appears that the Illinois legislature has provided only one date from which Governor Quinn may choose: November 2, 2010.

But the court also ruled that the plaintiffs did not make their case that they would be irreparably harmed if an injunction ordering the governor to call a special election is denied…

The fact that the plaintiffs leave us essentially in the dark about the irreparable harm that they confront makes it impossible for us to conclude that the district court abused its discretion when it denied the preliminary injunction.

The conclusion…

There is still time for the governor to issue a writ of election that will call for an election on the date established by Illinois law and that will make it clear to the voters that they are selecting a replacement for Senator Obama. The district court can easily reach and resolve the merits of this request before any of the harm that the plaintiffs forecast comes to pass. Moreover, circumstances change: Governor Quinn might issue a writ of election tomorrow, or next week.

Go figure.

*** UPDATE *** I couldn’t access NBC5’s site for a while this morning, so I didn’t see this one until now. Mary Ann Ahern looks at the Scott Lee Cohen race

Election lawyer Burt Odelson says he’s not a betting man, but he doesn’t think Scott Lee Cohen will have enough valid signatures to get on the ballot for governor in November.

Furthermore, Odelson says established case law effectively negates Cohen from even running.

“This is a case of what we call a case of ‘first impression,’” he said. “If you partook in the primary, you couldn’t change parties during the election cycle and switch over to another party.” […]

But Odelson contends that anyone who voted or took part in the last primary will also be knocked off. And he said that limitation extends to those collecting signatures: prove the collector is ineligible and all the signatures they’ve acquired are also deemed invalid.

“I would like to know what his reasoning is,” Cohen later questioned. “I took the time to research the candidate’s handbook for 2010. There was nothing in there stating that. In fact, it clearly, in black and white says that if you signed a position in the primary for a candidate, whether it’s Democrat or Republican, you are still able to sign the ballot of an Independent during the General.”

I’ve heard these arguments as well and I suspect Cohen will be tied up in court for a while if he has enough valid signatures to make the ballot, which isn’t exactly guaranteed, either.

* Related…

* ADDED: State Sen. Michael Noland has come under fire for an e-mail that his private campaign sent out that asks for donations and also lists his taxpayer-funded Springfield and Elgin offices… “One would think that the federal corruption trial of former Gov. Blagojevich would remind Sen. Noland to show some regard for ethical standards,” Cudney said. “Instead, Sen. Noland seems to have an ongoing problem making the important distinction between his state duties and his political activities.”

* ADDED: Gov. Pat Quinn signed legislation Wednesday that is set to assist Illinois workers during economic recessions. The new law declares that all state-funded public works projects must employ Illinois workers to make up 90 percent of the project’s workforce during periods of high unemployment, defined as a jobless rate of 5 percent or more for two consecutive months. Projects receiving state funds or funds that are administered by the state also must adhere to the new law.

* Whitney “Working With” Big-Time Media Consultant: Green Party gubernatorial candidate Rich Whitney — who garnered nine percent support in the latest Public Policy Polling survey — is “working with” veteran media consultant Bill Hillsman.

* Compromised Care: Nursing home part-owned by state lawmaker may lose its license: State health authorities have moved to revoke the license of a southwest suburban nursing home part-owned by state Sen. Heather Steans because of repeated citations for serious patient neglect. Steans does not have any operational role in the facility, Evergreen Health Care Center in Evergreen Park, and the Chicago Democrat said she has drawn little or no income from what she described as her small ownership stake in companies that manage the home.

* Madigan joins Google privacy investigation

* AG Alleges Heartless Mortgage Frauds

* Biden Visit Shines Welcome Spotlight On Giannoulias

* Bill Brady Adopts Audit as First Priority

* Jeb Bush touts Brady on economics; Simon hits back

* Jeb Bush stumps for Brady in Bloomington

* Bernard Schoenburg: Rutherford rolls out unconventional Facebook page: I’m writing about the Facebook page of Pongee — Rutherford’s car, a Pontiac G6.

* Give Claypool a chance

* 10th Congressional candidate Dold on campaign bus tour

       

30 Comments
  1. - Peggy SO-IL - Thursday, Jun 17, 10 @ 12:17 pm:

    Wow. That court ruling is hard to wrap my head around. Its lack of timeliness is a problem as well. A federal Appeals Ct is saying a state governor violates the US constitution by appointing a temporary senator until the next general election, from what I understand. So, this not only affects IL but several states which have such a policy. Mass went through machinations to rig the outcomes in recent elections. Several sitting senators were appointed in the wake of the 08 elections…Such a ruling would have to go all the way to the SCOTUS, I’d think, as it’s so basic to the functioning of the country–how US senators are chosen/elected. More thoughts later perhaps…


  2. - Yellow Dog Democrat - Thursday, Jun 17, 10 @ 12:21 pm:

    I’m not sure exactly WHERE you draw the line, but I’m pretty sure that the Chicago Tribune has crossed it with their ceaseless campaigning for Forrest Claypool.

    The Tribune is rapidly shedding its moral authority in order to squeeze into the jacket of political insider.

    Their campaign against Berrios presumes that Claypool is the only viable candidate against him, despite the fact that there are two other candidates who — unlike Claypool — are already on the ballot.

    It’s nuts.


  3. - Small Town Liberal - Thursday, Jun 17, 10 @ 12:23 pm:

    Love the button, now I want to see one that says “Did Jason Plummer Even Pay Taxes?”


  4. - Yellow Dog Democrat - Thursday, Jun 17, 10 @ 12:25 pm:

    BTW, it is a great button, but its going to take alot more than buttons to win this election.

    why, Why, WHY isn’t Quinn up on t.v., or atleast radio yet, bashing Brady’s brains in?

    He should be running ads around the clock that mirror Dan Hynes’ buys.


  5. - PFK - Thursday, Jun 17, 10 @ 12:44 pm:

    Cohen said:
    “…signed a position in the primary …still able to sign the ballot of an Independent”

    Way to master the terminology, Scott.


  6. - Secret Square - Thursday, Jun 17, 10 @ 12:49 pm:

    So the gist of the 7th Circuit ruling is: We really should have had a special election for Obama’s Senate seat, and there’s still time to hold one, even though the person elected would only be in office for, maybe, a few weeks at best?


  7. - Sewanee - Thursday, Jun 17, 10 @ 12:51 pm:

    So “I paid more taxes than millionaire Bill Brady (but Pat Quinn thinks I should pay even more)” is the message they want to run with?


  8. - Excessively Rabid - Thursday, Jun 17, 10 @ 1:02 pm:

    The 7th circuit ruling is deeply weird, and wasteful if implemented, but if the result is that Burris was never really a senator, then I’m all for it. Do-over completed, launching into alternate reality.


  9. - Amalia - Thursday, Jun 17, 10 @ 1:11 pm:

    Odelson is setting up for the Berrios Claypool petition controv.
    Scott Lee Cohen is not a worry to the machine.


  10. - the Patriot - Thursday, Jun 17, 10 @ 1:22 pm:

    That’s a lot for one post Rich. I doubt many people paid more taxes than Brady while the real estate boom was going on.

    Quinn needs to be careful. Everyone working the register at McDonald’s could wear a sticker that says, “I have more private industry experience than Pat Quinn.”

    I like Simon, but she is out of bounds here. She can’t exactly pack them in in her own home town. Let’s not forget, she lost a mayoral election in her home town to a guy who got less than 10% of the primary vote in the state wide elction she is now involved in. Let’s not throw stones.

    I love the ruling. I guess the AG in her crack analysis somehow missed this one. It must have not come up when she called her daddy and he told her what to do.


  11. - Segatari - Thursday, Jun 17, 10 @ 1:29 pm:

    Apparently we’re supposed to pay income tax even if we made negative income…thanks Quinn.


  12. - the Other Anonymous - Thursday, Jun 17, 10 @ 1:41 pm:

    The 7th Circuit sure took the scenic route in that opinion. It looks like some law clerk has too much time on her/his hands.

    The way I read it, there’s a positive and negative side to the opinion. The negative is that it seems to require Illinois to hold a primary election to fill the two month vacancy between November 2, 2010, and January 2011, at a cost of millions to the state and county clerks.

    The positive is that it allows the new junior senator from Illinois (assuming that the same person wins both the vacancy and the new term) a bit more seniority in the 113th Congress than other freshman senators. There used to be a game played by retiring senators to resign a bit earlier and have their successor appointed to gain seniority. The Senate changed their rules to prohibit that. But under this opinion, the junior senator from Illinois will be allowed to take office on November 3, 2010, and I think this does grant him seniority.


  13. - Fed up - Thursday, Jun 17, 10 @ 1:52 pm:

    Where’s the Quinn for senate in???? Really just a Quinn slush fund.

    Richhas Quinn ever shown that he paid taxs on the income he earned from a campaign fund for an office he never intended to run for.


  14. - Fed up - Thursday, Jun 17, 10 @ 1:58 pm:

    How about some Blago/Quinn 2010 pins. Oh thats right Quinns partner and running mate is going to prison for corruption.

    Or

    Pat Quinn I fixed the Uof I. Forced everyone responsible to resign EXCEPT FOR THE ONES BOOBY RUSH SAID I COULDNT


  15. - Ghost - Thursday, Jun 17, 10 @ 2:21 pm:

    YDD

    if Quinns loses the elction, his lack of a campaign shall be noted by history describing that he went down not with bang, but a whimper


  16. - VanillaMan - Thursday, Jun 17, 10 @ 2:38 pm:

    Is this how these campaigns are going to be conducted? We face fiscal ruin, tax increases, budget cuts, and government corruption, but the only thing the Democrats can give us is THIS? Is this their answer? Is this how they wish to win any election?

    Let’s not have a repeat of 2006 when we let a bunch of millionaire political consultants hijack the election when we needed to replace Blagojevich. Is this what they learned by getting Rod Blagojevich re-elected? They learned that they can get enough votes for a man most knew was an incompetent and someone who should not step near a public office, yet smear his opponents in order to get him elected?

    Is this where we are going here? Win at all costs? Damn the consequences? How can anyone look at our situation, have a candidate on the ballot, AND DO THIS?

    Beat Brady by showing him as the boob he is. Beat Kirk on the issues. This kind of crap utterly stinks, and anyone getting a dollar out of these campaigns should be driven out of the state for malpractice.

    This is OUR election. If these people have nothing decent to tell us, then quit the race. We expect better than this kind of crap.


  17. - Small Town Liberal - Thursday, Jun 17, 10 @ 2:38 pm:

    Fed up - Your button slogans would be great examples of what will happen if there are huge cuts to education.


  18. - Yellow Dog Democrat - Thursday, Jun 17, 10 @ 3:28 pm:

    — Beat Brady by showing him as the boob he is. Beat Kirk on the issues. This kind of crap utterly stinks, and anyone getting a dollar out of these campaigns should be driven out of the state for malpractice. —

    @VMan -

    Brady decided he wanted to make taxes the central campaign issue, Kirk decided he wanted to make character the central campaign issue.

    Looks like they’re both getting their wish.

    I don’t think Republicans are in the position to criticize anyone about the level of intellectual debate until they and their friends at the Tribune decide to be honest with the public that cuts alone can’t balance the budget and we DO need a tax increase, although we can debate the size.


  19. - ourMagician - Thursday, Jun 17, 10 @ 3:33 pm:

    Bill Brady’s speaking will show what kind of boob he is. A builder who isn’t very good at being too successful in the best of times and can’t pay his bills now-ask some of his creditors and suppliers. Live within your means Bill first.


  20. - Yellow Dog Democrat - Thursday, Jun 17, 10 @ 3:59 pm:

    @Magician -

    I said some time ago you can campaign as a successful businessman or a successful politician, but you can’t campaign as a failed businessman or a failed politician.

    Brady’s argument for why he didn’t pay taxes is that he failed as a businessman, and he argues that despite collecting a government paycheck all these years, he’s not responsible for the mess in Springfield.

    Tough arguments to run on.


  21. - Leatherneck318 - Thursday, Jun 17, 10 @ 4:29 pm:

    Great button. What about “I spent more time in Springfield last year than Pat Quinn did”. or “I paid more $ to my child’s school district last year than this Democratic-controlled legislature did”.
    Does it even bear mentioning the HUGE amount of $ Brady paid into taxes of ALL kinds over EVERY year BUT one? Property, payroll, etc?
    It drives me BANANAS to see the same people who write off every pen, pencil, and mile driven, from their taxes; claim the Earned Income Tax Credit, and think it makes ANY sense that their children should be covered on THEIR health-insurance until the age of 20-friggin-6 years old; jump and down about a candidate’s PERCEIVED skirting of the tax-laws.
    The ironic ramblings of those saying “Brady didn’t pay taxes” are just yet another example of grasping at straws. When PQuinn’s managerial and administrative expertise holds about as much water as a paper-sack, it is only expected that the Dem’s would attempt to belittle the experience that Brady DOES bring to the table.
    Oh, and @ ourMagician….I love, love, LOVE the not-so-veiled reference to Brady’s businessness’ LACK OF SUCCESS? I would like to take this opportunity to extend an invitation to come to McLean County, specifically Bloomington-Normal. And as far as the supposed “insider info” on Brady’s creditors and suppliers? Yeah, ok - let’s hope Magician’s blanket of anonymity doesn’t disappear…


  22. - Rich Miller - Thursday, Jun 17, 10 @ 4:32 pm:

    ===Does it even bear mentioning===

    Maybe.

    But consider this: He applied for and received a 100 percent federal tax refund on his state Senate salary two years running and a 100 percent state tax refund on that Senate salary for one year. Deserved or not, that’s easily exploitable and not so easily explicable to average voters.


  23. - Leatherneck318 - Thursday, Jun 17, 10 @ 4:35 pm:

    Oh, and to YDD…PQuinn is the one campaigning on Brady as a failed businessman, and he himself is the failed politician. I know, it can be hard to keep straight, but once SimonSays is done with the little ButtonMaker she picked up from eBay, I’m sure she’ll have a whole new batch of quips and one-liners for us to banter about…(snark implied!)


  24. - Yellow Dog Democrat - Thursday, Jun 17, 10 @ 6:00 pm:

    @Leatherneck -

    No, Brady’s campaigning as a failed businessman. Brady’s explanation for why he didn’t pay taxes is that his business lost money. His only excuse is that it was a bad national economy. LOL. Guess what? The state’s facing a bad national economy too, so I guess we know what to expect from a Brady governorship.

    Brady also claims to be a failure as a State Senator. He says he’s an outsider in Springfield whose not responsible for the mess there. Why? Because he couldn’t get anything done with a Democratic legislature. LOL. That’s funny, because George Ryan got stuff done, Jim Edgar and Jim Thompson got stuff done, lots of Republicans pass lots of bills every year. Moreover, even if he wins the mansion, he’s still likely to have to find compromises with Democrats. Not his strong suit.


  25. - Yeahright - Thursday, Jun 17, 10 @ 8:16 pm:

    Brady business had a bad few years and it has rebounded. The state has been in a death spiral and Quinn still hasn’t proposed the first balanced budget. The dem’s are fighting over how much more to send the state into debt.


  26. - Louis G. Atsaves - Thursday, Jun 17, 10 @ 8:24 pm:

    So YDD, why are you with OK with trying to portray Brady as a failed businessman (who is still in business by the way) and yet you get all upset when Giannoulias is portrayed as a failed banker?

    I was under the impression that you paid income taxes on income. I’m no tax attorney, but the average voter will understand that simple concept.


  27. - Sueann - Thursday, Jun 17, 10 @ 9:38 pm:

    So many get refunds when they pay no taxes. The earned income credit comes to mind. Not that it matters in Illinois though. Expecting the voters there to understand basic mathmatics is quite difficult.


  28. - ShadyBillBrady - Thursday, Jun 17, 10 @ 9:56 pm:

    What’s with all you “but look how much he paid in the good years” people (Patriot, et al)?

    Actually, yes, I did pay more taxes than Bill Brady did, even in his good business years, as a percentage of income. Lots of people in this state who don’t earn a lot of income pay a pretty large percentage of their income in taxes of all sorts. Sales taxes, user fees and the like hit lower-income people a lot harder than the wealthy. And most tax shelters aren’t readily available to those working and living paycheck to paycheck.

    Congrats, Billy paid some taxes a handful of years ago. The last couple years - not so much.

    Enough already.

    You may not WANT that issue to resonoate with voters. But there’s a good chance it will.

    And until we see Jason the Plummer’s taxes, the tax thing is gonna continue to be an issue.


  29. - Vote Quimby! - Thursday, Jun 17, 10 @ 10:45 pm:

    ==paid income taxes on income==
    like the $75,000 in taxpayer-funded salary? Try telling THAT “simple concept” to the “average voter” P.S. Average household income in Illinois? About $20,000 less…I’m just saying…


  30. - wordslinger - Thursday, Jun 17, 10 @ 10:46 pm:

    Button’s, Internet videos — Quinn should have had a spot on TV when Brady lifted the lid on his taxes. Unbelievable.


Sorry, comments for this post are now closed.


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