Capitol Fax.com - Your Illinois News Radar » Smith can still run in November
SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
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.

Discuss.

- Posted by Rich Miller        

17 Comments
  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:

    Esquire
    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.


* Legislative move shines light on antiquated law
* Chicago FOP wants halt to new use of force policy
* GOP turkey shoot event image with Madigan's visage pulled down
* Drury could benefit from contribution cap loophole
* *** UPDATED x1 - ILGOP responds *** Report: Madigan pushing back against pop tax
* Poshard backs Pritzker
* Rep. Reggie Phillips is the latest to retire
* Yesterday's stories

Support CapitolFax.com
Visit our advertisers...

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

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

...............
<


Loading


* Madigan may reportedly kill sweetened beverage .....
* Heartland college president Rob Widmer to retir.....
* Governor Running Out Of Time On Location Tracki.....
* Illinois Rail Safety Week is Sept. 24-30 - Effi.....
* Tribune investigation: IDOT approves red light .....
* Newsradio WJPF interview with Elaine Nekritz..
* Report: Madigan pushing back against pop tax - .....
* Letter: Doing what's right - Kane County Chronicle..


* Chicago police union seeks to halt new use-of-force policy
* Rapper Chief Keef pleads not guilty to South Dakota charges
* EXCHANGE: Tom Lytle finds creative flow in sculpting
* 20-year sentence for man in attack on 94-year-old veteran
* Illinois receives $110M in emergency preparedness grants
* FBI warns about consequences of making social media threats
* 20-year sentence hand man for attack on 94-year-old veteran
* Woman injured by broken bank door awarded $4.5 million
* Granite City port getting $700,000 federal grant
* Granite City port getting $700,000 federal grant

* Raoul enters AG race, apologizes for 'Miss America' comment
* AG candidate Raoul apologizes for 'bad characterization' of opponent
* Report: Payments for treatment of addictions, mental illness often denied
* Republican McClure will run against McCann in 50th Senate district
* Republican McClure will run against McCann in the 50th Senate district
* Rep. Drury leaves governor's race to run for attorney general
* Rauner signs revamp of EDGE business tax-credit
* Rauner to lawmakers: Help me balance the budget
* Bernard Schoenburg: Running mates help balance governor tickets
* Statehouse Insider: AFSCME contract suit may not be heard until next year

* Boeing lands $11 billion 787 deal
* Caterpillar's new CEO has a strategy that can be summed up in one word
* If you're late paying those higher auto premiums, Allstate now will ding you
* Chicago politicians craft weak disclosure laws for themselves
* Rosebud on Rush remains a crowd-pleaser


* Joffrey Ballet named resident dance company at Lyric Opera House
* Kansas man found dead on Gold Coast sidewalk
* Ric Flair says 20-drinks-a-day lifestyle nearly killed him
* Police: Woman, son dead in Stone Park ‘domestic violence incident’
* FOP asks state labor board to stop changes to CPD use-of-force policy
* 3 displaced in Bronzeville fire
* Uber to lose its license to operate in London
* Bears predictions: Week 3 vs. Steelers
* Driver killed when semi trucks collide in Kankakee County
* Henry Godinez’s latest theatrical journey explores ‘Don Quixote’


* Rapper Chief Keef pleads not guilty to South Dakota drug charges
* 'It hurts,' mourns neighbor of woman, 4-year-old boy found dead in Stone Park
* Kim Jong Un insults Trump — a 'mentally deranged U.S. dotard' — and hints at weapons test
* Marshawn Lynch and Oakland are ready for one last ride. And you're not invited.
* Joffrey Ballet moving performances to Lyric Opera House in 2020
* West Suburban Montessori School in Oak Park reopens a day after gas leak
* DeVos scraps Obama-era guidelines on campus sexual assault
* Police use of 'Stingray' cellphone tracker requires search warrant, appeals court rules
* Skender Construction combines raw materials with modern amenities in new Chicago office
* 50-plus Chicago-area cooking schools and classes to kick up your culinary skills


» Governor Running Out Of Time On Location Tracking Regulation
» In Cook County, 3 Prosecutors Are Handling Hundreds Of Wrongful Conviction Claims
» An Accounting For Meteorological Violence Among Insurers
» Illinois Supreme Court Upholds Murder Conviction Of Drew Peterson
» State Sen Raoul To Run For Illinois Attorney General In 2018
» Suit: Pregnant Illinois Officer Forced To Take Unpaid Leave
» Palestinian Activist To Be Deported To Jordan From Chicago
» Looking For Analog: Old Button-Mashing Arcades Come Back For A New Generation
» County In Illinois To Use Grant To Aid Endangered Bumblebee
» Canada Could Stop Dealing With Boeing Over Dispute


* Thumbs Up: To improving the health of local residents
* Eugene Robinson: The devolution of repeal-and-replace
* Celebrating Constitution Day with Alexander Hamilton
* Our View: Diverse voices needed as Statehouse makeup poised to change
* Bernard Schoenburg: Democrats highlight Rauner's 'broken record'
* Kathleen Parker: The New Center seeks volunteers
* Raoul enters AG race, apologizes for 'Miss America' comment
* AG candidate Raoul apologizes for 'bad characterization' of opponent
* Report: Payments for treatment of addictions, mental illness often denied
* E.J. Dionne: The priority is still to save Obamacare


* Driver intentionally hit road workers in Fairview Heights, police say
* Silvis mother and daughter always cross the finish line the same way — together
* Godfrey becomes latest municipality to consider selling its sewer system
* St. Louis Zoo wins award for beetle conservation efforts
* Downtown mixes local history, forward movement for visitors, residents
* Illinois receives $110M in emergency preparedness grants
* Take a sneak peek inside an Amazon fulfillment center
* Here’s what happens when there are too many liquor stores where children play
* NWS issues heat advisory for this afternoon
* Second robbery in days reported


* New Lombard police chief knows town, people 'inside and out'
* Brigadier general named to head military command in Arlington Heights
* 'I just need my mother.' The frantic quest to contact loved ones in Puerto Rico
* St. Hubert students learn value of giving back
* New Mount Prospect police union contract includes drug testing

* What suburban members of Congress say abou...
* Rep. Randy Hultgren announces 2017 Congres...
* Congressman Randy Hultgren Visits Raue Cen...
* Hultgren pushes for CHIP funding ahead of ...
* Indivisible billboard targets Hultgren, Ro...
* Good government - The Daily Progress
* Hultgren pleads for continued funding of f...
* Montgomery mayor hosts health care forum a...
* Looking at Fintech through the Legislative...
* What suburban members of Congress say abou...

* Albright: Defining Dreamer - Vermont Publi......
* Illinois receives $110M in emergency prepa......
* Illinois receives $110 million in grants -......

* Illinois receives $110M in emergency prepa......
* Illinois receives $110 million in grants -......

* October issue of Illinois REALTOR® is on the way
* Enjoy these photos of Oak Park Area Association of REALTORS®’ installation ceremony
* A Bloody Decade Of The iPhone
* Study: Youth Football Linked To Adult Problems
* Inaugural festivities honoring 101st President Matt Difanis will have a fun new format
* Armed & fabulous: In Chicago, women worried about violence join gun club.
* Who has heard of the CTA Normal Park branch?
* Youth Football Team (8-Year-Olds) Take Knees In Belleville
* If George W. Bush Can Be On Ellen, Of Course Sean Spicer Will Be At The Emmys
* Who Is Stealing Wisconsin's Birch?


* Illinois Awarded Funds to Offer Advanced Training on Detecting Impaired Driving
* Illinois EPA Announces Upcoming Household Hazardous Waste Collection Events
* IEMA Highlights Emergency Preparedness for People with Access and Functional Needs in May - Ready Illinois website offers preparedness tips for people, caregivers
* First Lady Launches Illinois Family Connects
* Governor and Lt. Governor Unveil 2016 Journal of Local Government Shared Service Best Practices

  
* Trade-in program through Google Store going live
* How to Discreetly Disable Touch ID and Face ID on an iPhone in iOS 11
* [TA Deals] Take over 90% off a lifetime subscription to VPNTunnel
* Apple’s iPhone 8 easily survives harsh durability test, also getting passing repairability grade
* Preschoolers get their own Pokémon game with launch of Pokémon Playhouse
* Can’t decide what iPhone 8 wireless charger to buy? Why not an IKEA lamp?
* How to Use the iPad's New Flick Keyboard in iOS 11

* Expanded screens are (probably) coming, and they’re (definitely) fine
* Lopez seeks another win over KC in opener
* Sox cool off Astros, leave town with victory
* Lopez seeks another win over KC in opener
* Fulmer (blister) out, but Volstad, 'pen deliver
* White Sox 3, Astros 1: Bullpen holds up after Carson Fulmer’s early...
* South Side Sox Live!: Is it worth it for the White Sox to get #1 pick?


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

Archives
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
WordPress




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