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*** UPDATED x2 - Rauner responds - Decision posted *** This just in… Appellate court affirms term limits ruling

Wednesday, Aug 20, 2014

* 1:46 pm - An attorney close to the lawsuit over Bruce Rauner’s proposed term limits amendment just called to say the appellate court has ruled against Rauner and upheld the lower court ruling that forbade the measure from appearing on the ballot.

You’ll know more when I know more. The deadline to certify the ballot is Friday. So, the Supreme Court would have to act almost immediately or a court would have to suspend the deadline date, and neither of those may be in the cards.

*** UPDATE 1 *** The opinion is here.

The most important line

Based on the cases discussed above, some components of the Committee’s proposed amendment may very well comply with article XIV, section 3. However, the proposed amendment is ultimately invalid because of its term limits provision. CBA II viewed term limits as a matter of the “eligibility or qualifications of an individual legislator,” and in turn, neither structural nor procedural.

*** UPDATE 2 *** Press release…

With the Appellate Court’s ruling today, Bruce Rauner, Chairman of the Committee for Legislative Reform and Term Limits, has directed his legal team to immediately file an appeal with the Illinois Supreme Court to quickly take up the matter of whether or not voters will have the opportunity to vote on the Term Limits and Reform binding constitutional amendment in November.

“Let the people of Illinois decide for themselves if they want to term limit legislators. Time is running out - the Illinois Supreme Court needs to take the case. Nearly 600,000 Illinoisans signed the petition to put our amendment on the November ballot and the State Board of Elections has certified that we submitted enough signatures to be on the ballot. The people deserve to have their voices heard.” Bruce Rauner said. “The Illinois Supreme Court should not ignore the people of Illinois.”

“Our Term Limits and Reform amendment was carefully crafted to meet all the requirements that the Illinois Supreme Court very clearly laid out in its 1994 decision and we are hopeful that the Illinois Supreme Court will find in favor of the citizens of Illinois,” Rauner concluded.

Um, no, it clearly was not “carefully crafted to meet all the requirements that the Illinois Supreme Court very clearly laid out in its 1994 decision.” Look at that excerpted line from the appellate decision above. This was doomed from the start.

- Posted by Rich Miller        


60 Comments
  1. - Norseman - Wednesday, Aug 20, 14 @ 1:49 pm:

    Good riddance! Now Raunervich needs to move on to the next red herring.


  2. - Oswego Willy - Wednesday, Aug 20, 14 @ 1:49 pm:

    “But, but… I want it” - Bruce Rauner.


  3. - Precinct Captain - Wednesday, Aug 20, 14 @ 1:50 pm:

    In other news, water is wet.


  4. - Very Fed Up - Wednesday, Aug 20, 14 @ 1:54 pm:

    Good victory for the Quinn/Madigan regime


  5. - 47th Ward - Wednesday, Aug 20, 14 @ 1:54 pm:

    “I’ve been successful at everything I’ve ever done.”


  6. - Formerly Known As... - Wednesday, Aug 20, 14 @ 1:56 pm:

    This plus the Libertarian ballot ruling should be good for adding a couple of points to Quinn’s final total or subracting a couple of points from Rauner’s. Particularly if the Greens are kept off the ballot.

    If this race tighten as closely as the last one, those points or fractions of points could matter.


  7. - orzo - Wednesday, Aug 20, 14 @ 1:57 pm:

    If his goal was to get the Supremes to take the case, his “pressuring” yesterday was likely counterproductive. If his true goal was, as I suspect, another campaign stunt, I guess it doesn’t matter whether the Court takes the case or not.


  8. - OneMan - Wednesday, Aug 20, 14 @ 1:57 pm:

    Might also have your first basis for redefinition of we….


  9. - Archiesmom - Wednesday, Aug 20, 14 @ 2:05 pm:

    No surprise. And yesterday had nothing to do with the timing of the decision, believe me.


  10. - Yellow Dog Democrat - Wednesday, Aug 20, 14 @ 2:13 pm:

    47th Ward:

    You beat me to it.

    YDD


  11. - Archiesmom - Wednesday, Aug 20, 14 @ 2:23 pm:

    http://state.il.us/court/Opinions/recent_appellate.asp

    Clark v. Illinois Board of Elections - very solid opinion


  12. - Stones - Wednesday, Aug 20, 14 @ 2:26 pm:

    Not only do I object - I “strenuously” object.


  13. - DateNight - Wednesday, Aug 20, 14 @ 2:41 pm:

    When Rauner loses,
    we win!


  14. - CircularFiringSquad - Wednesday, Aug 20, 14 @ 2:44 pm:

    Guess he can be called Bruce the Bungler on this one
    Fire, Aim, Ready


  15. - Big Muddy - Wednesday, Aug 20, 14 @ 2:44 pm:

    This is an example of where BVC has got to learn that change isn’t going to come all at once. He went for the grand slam, missed badly and is now walking back to the dugout having accomplished nothing. Maybe next game he goes for some solid singles and actually put a number on the board.


  16. - Wensicia - Wednesday, Aug 20, 14 @ 2:46 pm:

    Shake up the courts ain’t working.


  17. - Norseman - Wednesday, Aug 20, 14 @ 2:47 pm:

    47 & YDD, I’m sure this isn’t a mark against him. This effort was outsourced and performed by folks that he doesn’t even know and didn’t know anything about what was happening, right?


  18. - William j Kelly - Wednesday, Aug 20, 14 @ 2:51 pm:

    This just in: rauner played republican primary voters for fools with this issue. Translation: rauner is a sham. Clarification: don’t vote for him. Translation: no vote pera rauner par favor.


  19. - Louis G Atsaves - Wednesday, Aug 20, 14 @ 2:57 pm:

    This news will bump the petty scheduling issues, bilateral insults and warring press releases off the map today.


  20. - Yellow Dog Democrat - Wednesday, Aug 20, 14 @ 3:01 pm:

    As a campaign tactic, it was actually very smart, Norseman.

    Unfortunately, Rauner kept insisting to everyone including the media that it was legit and actually had a chance.

    Again, like the violent video game ban, just too much like Blagojevich.


  21. - Oswego Willy - Wednesday, Aug 20, 14 @ 3:01 pm:

    FAKE RAUNER RESPONDS TO RULING

    For Immediate Release

    Chicago IL - GOP Nominee Bruce Rauner is disappointed by the Appellate Court’s ruling today, denying the voters of Illinois a chance to “shake up Springfield” and “Bring back Illinois”, and wants to congratulate all those who were actively involved.

    “I am personally disappointed, but the group that tried to get this on the ballot, not me, are the ones who really feel disappointed most,” stated Rauner. “Watching this from afar, cheerleading the work, I was able to see what they did, abc when they regroup, I will be their biggest cheerleader. Running for governor of this great state, which I love, has taken me away from the day to day workings of this endeavor, so I can’t really comment too much on their failure to get this done.”

    Rauner concluded his statement with, “You know what, things get on a ballot, and you know what, things don’t get on a ballot, and you know what, I really rooted for this, and you know what, they tried real hard.”

    Rauner, who read the ruling miles and miles away from the courthouse, while campaigning, wished all those who are going to try to get the case in front of the Illinois Supreme Court many best wishes, like many supporters not involved in the process.

    ###

    This is Snark, not from Rauner, or anyone associated with Bruce, his campaign, or the Term Limits group.

    Not. Real.


  22. - Demoralized - Wednesday, Aug 20, 14 @ 3:02 pm:

    ==“Let the people of Illinois decide for themselves if they want to term limit legislators.”==

    We can already do that. They’re called elections. Those are the only term limits we need.


  23. - wordslinger - Wednesday, Aug 20, 14 @ 3:04 pm:

    I think the language screwup and failure were on purpose. If nothing else, a guy like Rauner knows how to lawyer up.

    He could afford top dogs to draft an airtight amendment if it was a sincere effort. But people here were pointing out the obvious problems from Jump Street.

    Now, it’s just another way for Bruce to peddle himself as an “outsider” the “insiders” are afraid of, who are keeping the people from having their say on a popular issue. It’s a cynical marketing tactic.

    (Of course, Bruce is the ultimate insider who’s worked mightily to keep the Libertarians off the ballot, but it’s much too late for honesty and consistency now).


  24. - Yellow Dog Democrat - Wednesday, Aug 20, 14 @ 3:07 pm:

    === carefully crafted ===

    I do not think those words mean what you think they mean.

    Bravo on the commentary, Rich. Clearly unconstitutional from the beginning.

    I find it very troubling that Rauner thinks the Supreme Court should ignore the constitution because it is popular.

    That is precisely why we have a Constitution and a Supreme Court.


  25. - Oswego Willy - Wednesday, Aug 20, 14 @ 3:11 pm:

    Why do I love this place?

    ===He could afford top dogs to draft an airtight amendment if it was a sincere effort. But people here were pointing out the obvious problems from Jump Street.===

    And …

    ===I find it very troubling that Rauner thinks the Supreme Court should ignore the constitution because it is popular.

    That is precisely why we have a Constitution and a Supreme Court.===

    Both so Spot On, and agreed, Rich’s commentary frames this correctly, beyond the Dopey spin, allowing these 2 comments to shine as they should.

    Bad day for Bruce, “bads” usually happen in “3s”, wonder what the 3rd will be?


  26. - Yellow Dog Democrat - Wednesday, Aug 20, 14 @ 3:14 pm:

    Wordslinger:

    There is no way to craft term limits that is Constitutional via referendum.

    Well, there actually might be one way, but since I oppose term limits I am not telling.


  27. - Big Muddy - Wednesday, Aug 20, 14 @ 3:14 pm:

    =We can already do that. They’re called elections. Those are the only term limits we need.=

    Generally true. The problem is clearly Madigan. Those of us minions outside of his district have grown more than weary of his ways. The man simply has to go. Sadly, the only way he goes IMHO is feet first. If he wasn’t going to step aside for his daughter to run for Gov. The man is beyond drunk on power. I mean, who wouldn’t want their kid to achieve their lofty goals in life?


  28. - Yellow Dog Democrat - Wednesday, Aug 20, 14 @ 3:16 pm:

    The notion he failed on purpose is absurd. He would MUCH rather have this on the ballot in November.


  29. - Norseman - Wednesday, Aug 20, 14 @ 3:18 pm:

    YDD, snark aside. Yes, it was a very good campaign tactic. Just like his property tax ban and his primary rants against union bosses and corrupt politicians, Raunervich wants to play to personal prejudices and perceptions about government, taxes and the economy. Yes, his tactics and rhetoric are so reminiscent of Blago.


  30. - LincolnLounger - Wednesday, Aug 20, 14 @ 3:18 pm:

    Norseman, if you want to talk about red herrings, let’s talk about the cornucopia of “advisory” referenda that will cynically serve to fool voters into believing they are actually influencing Illinois policy and law.

    None of them were required to get over half a million signatures.

    If only the legislative leaders who work so hard and well at ensuring their control would turn their attention to actually solving the state’s many problems.


  31. - Frenchie Mendoza - Wednesday, Aug 20, 14 @ 3:24 pm:

    I’m no Rauner fan — not one bit — but I will say this: these high profile losses are making him look unusually weak.

    I suspect — hope, at least — this will leave some folks questioning his inane “Shake Up Springfield” bit. The brakes seem to be coming on pretty hard recently for Rauner.


  32. - wordslinger - Wednesday, Aug 20, 14 @ 3:28 pm:

    YDD, he’s been playing both sides: for term limits now, but bankrolling incumbents forever. You decide where he really stands.

    You assume that a term-limit amendment would mean a large net plus in Rauner voters. I’m not sure that is the case. It was a Quinn thing before it was a Rauner thing.

    Now it’s just a Rauner-as-victim thing that he can use to burnish his outsider credentials and stoke up anger.


  33. - Norseman - Wednesday, Aug 20, 14 @ 3:29 pm:

    === I find it very troubling that Rauner thinks the Supreme Court should ignore the constitution because it is popular. ===

    Agree. Unfortunately, an all too common phenomenon lately.


  34. - Norseman - Wednesday, Aug 20, 14 @ 3:32 pm:

    === Norseman, if you want to talk about red herrings, let’s talk about the cornucopia of “advisory” referenda that will cynically serve to fool voters into believing they are actually influencing Illinois policy and law. ===

    When Rich makes this the point of a post, I’ll comment on it. Otherwise, I’ll stick to the one at hand.


  35. - downstate hack - Wednesday, Aug 20, 14 @ 3:43 pm:

    While I probably would have voted no to the referendum I think it should be on the ballot to gauge voter sentiment on the issue.


  36. - Anonymous - Wednesday, Aug 20, 14 @ 3:47 pm:

    If anyone wants to shake up spfld, the amendment we needed was the fair map amendment


  37. - Anonymous - Wednesday, Aug 20, 14 @ 3:56 pm:

    Does everyone else not find it troubling that the Courts’ interpretation of the Constitution thus far is essentially: the only way the constitution can be changed to apply term limits is if such an amendment is initiated by the legislature or an entire new convention is called? Seems bass ackward.that voters shouldn’t have that discretion directly with something like this, and instead have to depend on their legislator to weaken their own power.


  38. - Rich Miller - Wednesday, Aug 20, 14 @ 4:00 pm:

    ===Seems bass ackward.that voters shouldn’t have that discretion directly with something like this===

    Maybe, but have you read the constitution? It’s pretty darned narrow in what it allows for citizen amendments.


  39. - Oswego Willy - Wednesday, Aug 20, 14 @ 4:12 pm:

    ======Seems bass ackward.that voters shouldn’t have that discretion directly with something like this===

    It’s the rule of law for our state.

    The constitution is hard to change, but has specific reasons to do it. Follow the rules, then you get change. “Simple”.

    It’s incredibly important…that following the rules to change the Constitution …is as important as the document itself.


  40. - CircularFiringSquad - Wednesday, Aug 20, 14 @ 4:12 pm:

    It looks like Bruce the Bungler forgot to “rent” the courts too. Perhaps he can made support of term limits a requirement for the credit union he is renting in Chicago


  41. - Pete - Wednesday, Aug 20, 14 @ 4:13 pm:

    CBA II viewed term limits as a matter of the “eligibility or qualifications of an individual legislator,” and in turn, neither structural nor procedural.
    ____________________________

    It’s not an individual legislator. It’s a proposal to impact all legislators, and therefore is procedural.


  42. - Roadiepig - Wednesday, Aug 20, 14 @ 4:18 pm:

    - Demoralized - Wednesday, Aug 20, 14 @ 3:02 pm:

    ==“Let the people of Illinois decide for themselves if they want to term limit legislators.”==

    We can already do that. They’re called elections. Those are the only term limits we need.

    You beat me to it Demoralized. As soon as the entirety of the amendment was printed it seemed destined to fail . If Rauner thought it was important to get term limits on the ballot he wouldn’t have throw in resizing the legislature. Some have said that issue would help make it constitutional . Resizing might be legal on its own, but combining the two probably doomed it from the start .

    So does this mean that Rauner knew it wouldn’t pass but would give him boatloads of press and some populist cred? If so, that would mean his perfect record of being “always successful in every thing he has done” is safe…


  43. - ChinaTown - Wednesday, Aug 20, 14 @ 4:33 pm:

    “Not every ballot initiative should be in Illinois.”


  44. - Yellow Dog Democrat - Wednesday, Aug 20, 14 @ 4:51 pm:

    Anonymous:

    I have given up on having the last laugh.

    But I suspect that a Constitutional Convention is on the horizon, and the same folks demanding term limits now will be running a campaign against it.

    An ironclad guarantee of school funding, graduated income
    Tax and decoupling the personal and corporate rates are the most obvious outcome of a Convention. On the other hand, I am not sure term limits would be adopted.


  45. - Bill White - Wednesday, Aug 20, 14 @ 4:53 pm:

    Didn’t we vote on a constitutional convention not all that long ago?


  46. - Jim'e' - Wednesday, Aug 20, 14 @ 4:57 pm:

    Hey, wait, I’m a little slow, but is there a way the constiution can be amended to impose term limits?


  47. - K3 - Wednesday, Aug 20, 14 @ 6:07 pm:

    Good riddance. Smart politics, but shows what kind of guy Rauner is that he would put this whole thing together knowing it was unconstitutional


  48. - GraduatedCollegeStudent - Wednesday, Aug 20, 14 @ 6:51 pm:

    ===It’s not an individual legislator. It’s a proposal to impact all legislators, and therefore is procedural. ===

    But in its application it would impact the individual. Just because the amendment would (potentially) disqualify a group of people for a specific office at once, it doesn’t mean that the implementation should be done at the individual level.


  49. - McHenryMike - Wednesday, Aug 20, 14 @ 7:32 pm:

    I told Rauner way back when he proposed this amendment that it was not going to fly legally. (I am a lawyer). The CBA II decision, however poorly written and justified, is very clear on this point. I would also have to say that I agree with the decision on legal grounds. The state constitution does require that the ballot initiative be “limited” to “procedural and structural” questions involving the GA. Mixing UNRELATED procedural and structural questions with it doesn’t save it. I would expect the Supremes to agree. If they don’t, I would sure like to see the rationale. In the meantime, it gives Rauner a campaign issue which was probably the intent all along.


  50. - Just The Way It Is One - Wednesday, Aug 20, 14 @ 8:17 pm:

    Yet another MAjor Defeat and Humiliation for Rauner on this Issue–he just doesn’t get it: the Precedent is clearly against his position and to obstinately push forward now to the Illinois Supreme Court for the same OUTcome will make him look unwise, uninformed legally–for a guy who wants to sign Bills INTO Law–let alone utterly ludicrous…!

    Rauner’s obviously one of these people who doesn’t understand that in situations like this, it’s just smartest to stop while you’re BEHIND!! Otherwise, ya just look ignorant of the Law–something you’d think he wouldn’t WANT only 2 1/2 months before Election Day…!


  51. - walker - Wednesday, Aug 20, 14 @ 8:28 pm:

    It was doomed from the start, and should have been known to be so. It was obvious on first reading of the petition itself.

    Quite an abusive and fraudulent campaign tactic. Cynically build up the hopes and dreams of well-meaning citizens, just to look good, only to have their efforts fail by design, and to then blame those “insiders” in Springfield.

    Of all the things this Rauner team has done, this was the most cynical and destructive — regardless of where you are on term limits. And it will probably work well for Rauner at the polls, which is of course their only ethical standard.


  52. - VanillaMan - Thursday, Aug 21, 14 @ 7:36 am:

    The ruling is wrong.

    term limits as a matter of the “eligibility or qualifications of an individual legislator,” and in turn, neither structural nor procedural”

    Term limits are similar to any other limit placed upon terms which is currently already in place, isn’t there conditions already in place which allow a legislator to serve two years per term? Terms are already limited as defined by the Illinois Constitution.


  53. - VanillaMan - Thursday, Aug 21, 14 @ 7:49 am:

    Finally, term limits are already in place in many communities and states, and they are popular. In no instance has voters voted them down. Term limits are common sense and now that we have had twenty years since they have been implemented, we see what they can do.

    They do more good than bad.

    Term limited states have seen a dramatic increase in the diversity of their legislatures. Minorities and women legislators are appearing in term limited states at a pace which better represents the communities represented. Diversity has also appeared in the kind of occupation and education of legislators. Term limited states and communities have seen a broader representation of the occupations within these communities within their legislatures.

    Term limited states do not have a predominantly white lawyer demographic, like states without term limits.

    That is only one benefit. There are many more as well.

    There has been no state with term limits that have had voters vote them out. In two cases, legal and judicial maneuvering has ended attempts to put term limits as approved by that state’s voters. Again, the white lawyer class has killed off term limits when they have won elections and support of voters. In all other states, voters have continued to support term limits and have continued to defend them once in place. In many states, voters have pushed for their adoption within cities, schools and other elected bodies with similar good results.

    For decades, the white lawyer class had fought women’s suffrage and fought against direct election of US senators. Today, the idea of limiting voting to men and not allowing voters to choose their US senator wouldn’t be popular. Like term limits, these common sense reforms favor democracy and provide credibility to the institutions which adopt them.

    At a time when voters are incredibly cynical, term limits will help restore credibility to our public institutions.


  54. - Demoralized - Thursday, Aug 21, 14 @ 7:53 am:

    @VMan:

    What don’t you and others who favor term limits understand about the fact that we already have a method in place to remove people from office. They are called ELECTIONS. Avail yourself of them. Vote for whoever you want. It’s the great thing about democracy. Voting. I don’t want to be told I can’t vote for somebody 100 times if I want to unless the Constitution tells me I can’t (i.e. the President). That should be my right.

    And I’m frankly tired of the “well, other states do it” argument. We hear that garbage all the time. I don’t give a flying leap what other states do. Just because another state does something doesn’t mean we should. That is a completely ridiculous argument.

    USE ELECTIONS. STOP WHINING BECAUSE YOU CAN’T GET THE RESULTS YOU WANT IN AN ELECTION!


  55. - Demoralized - Thursday, Aug 21, 14 @ 7:54 am:

    ==Terms are already limited as defined by the Illinois Constitution.==

    The length of your term is limited but the number of times you can run isn’t. Big difference. BIG difference.


  56. - Demoralized - Thursday, Aug 21, 14 @ 7:55 am:

    ==It’s not an individual legislator. It’s a proposal to impact all legislators, and therefore is procedural.==

    Unless you are on the Supreme Court your opinion really doesn’t matter in this instance does it?


  57. - VanillaMan - Thursday, Aug 21, 14 @ 8:18 am:

    If you are opposed to term limits, you are opposed to diversity in elected government.


  58. - Demoralized - Thursday, Aug 21, 14 @ 8:29 am:

    ==If you are opposed to term limits, you are opposed to diversity in elected government.==

    Sounds like you want Affirmative Action for elections.


  59. - Oswego Willy - Thursday, Aug 21, 14 @ 8:31 am:

    ===If you are opposed to term limits, you are opposed to diversity in elected government.===

    I’m opposed to term limits, but don’t see how that makes me opposed to diversity in government.

    How does THAT work?

    Term limits IS diversity. That’s a crock.

    Telling me I can’t vote for someone is undemocratic and takes choices away from me.

    “diversity”, I needed a good laugh, thanks.


  60. - https://twitter.com/clipxtv - Wednesday, Aug 27, 14 @ 7:06 am:

    It’s remarkable designed for me to have a site, which is beneficial in support of my knowledge.

    thanks admin


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* Governor Addresses State Board of Education to Emphasize Importance of Strong Accountability Standards
* Stars and Legends to Perform at 2017 Illinois State Fair - First Round of Grandstand Headliners Announced for Springfield Fair
* Earthquake Education Kiosk Unveiled at University Mall in Carbondale - IEMA, Central U.S. Earthquake Consortium project will help southern Illinois residents reduce damage, injuries from earthquakes
* Governor Takes Bill Action

  
* Major U.S. carriers confirm LG G6 availability this spring
* The whole world is officially invited to witness the March 29 Galaxy S8 ‘Unpacking’ in NYC
* Watch Samsung’s first teaser for the Galaxy S8 launching in March
* Samsung’s Galaxy S8 debuting in New York City on March 29 at Unpacked event
* Samsung unveils a new Oculus-powered Gear VR headset with controller
* Android Wear 2.0 coming to ASUS ZenWatch 2 and 3 in Q2
* Samsung is taking audio seriously with AKG by HARMAN partnership

* Collins, Moncada make Sox debuts in Cactus opener
* Fulmer looks to keep learning throughout spring
* Fulmer's strong start highlights Cactus opener
* Fulmer's strong start highlights Cactus opener
* White Sox trio nursing injuries as spring play begins
* Quintana eager to face USA, teammates in Classic
* Buehrle 'blown away' by having number retired


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