* I’m almost speechless…
There was one fellow who would have defeated Daley in a one-on-one race, reform Ald. Scott Waguespack, 32nd. Waguespack terrified City Hall by actually speaking up against the cost of corruption. He began criticizing that terrible parking meter deal. He promised that if elected mayor, he’d hire IRS agents to conduct forensic audits of every department going back 20 years.
Almost immediately, Daley stepped down. Then the usual suspects — those who’d never dare challenge the mayor — crawled out of the bush and made like change agents. In such a crowded field, poor Waguespack was forced to withdraw.
OK, if Waguespack was such a great candidate, wouldn’t he have stood out in this big crowd? After all, he had an enormous campaign bank account balance of $33,260.63 at the end of last year. Surely, those billions would’ve allowed him to stomp Daley as well as dominate the big field.
Also, do you have any idea how long a 20-year forensic audit would take? Probably 20 years [/snark]. Daley’s cronies would’ve all passed away to that great patronage hiring hall in the sky by then.
* Let us now turn to analysis based on something resembling the real world…
The [appellate] court concluded that the words “resided in” in one election law mean something entirely different from the same words in a second election law. It did so even though neither the second law nor the Illinois Supreme Court has defined them differently.
The Supreme Court has for decades defined “residency”… to mean the place where you intend to make your permanent abode. If you leave your home for a temporary work assignment intending to return to your home, your residency does not change. The court has not interpreted the word to mean where you “live” or sleep each night. Emanuel obviously lived in Washington while serving as President Barack Obama’s chief of staff, but clearly he intended to return to his Chicago home. […]
Two Appellate Court judges agreed that Emanuel is a “resident” of Chicago under this definition, as he had not abandoned his permanent home and intended to return to it. The court therefore held — under the first law — that he can vote in the mayoral election.
But when the court returned to the very same words in the second law (a related law regarding candidates), it decided that “resided in” could mean something different because the laws were separate. And it decided that in this second law, the Legislature had used the word “reside” to mean two different things within the same sentence — and that one of those meanings equated “reside” with “live.” [Emphasis added.]
That appellate ruling is a total mess. Subscribers know more, but that was a pretty good look by David Hoffman.
* More on the case from the AP…
Experts say a court never has ignored a candidate’s intent.
“We’ve all been working under this absolute presumption based on cases of the last 50 years that intent was really the key,” Dorf said. “But the appellate court got rid of intent.”
Edward Foley, a law professor at Ohio State University who heads the school’s election law program, said the court’s decision to disregard intent was striking.
“There is a general theme in election law that when in doubt, you err on the side of democracy,” he said. “If there is any doubt about the understanding of the statute, you interpret it so that you let the voters decide.”
*** UPDATE *** From an op-ed written by Jim Thompson, Ty Fahner, Jim Ryan and Dan Webb…
Adlai Stevenson II was absent from Illinois for much of 1945-48, while serving as an American delegate to the United Nations in London and New York. Then, in 1948, he was elected governor — despite the Illinois Constitution’s requirement that a candidate for governor must have been “a resident of this State for the three years preceding his election.”
* Will Emanuel ruling escape political taint?: Joseph Tybor, spokesman for the Supreme Court, said it would be unfair to imply the high court is tainted by politics simply because the constitution requires they be elected. “I challenge you to find one case, or two cases, in which a judicial decision was made because of improper political influence,” he said.
* Chico Says He’ll Hire 2,000 More Police Officers
* Quigley to Endorse Emanuel for Mayor
* Braun Looks Out of State For Campaign Cash
* Patricia Van Pelt Watkins’ Gritty and Inspiring Life Story: I think [Carol Moseley Braun has been] missing in action. I didn’t even know she still lived in Chicago. All the challenges we face in this city, and we haven’t heard anything from her.
* Biggest donor in mayor’s race explains the gift