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* From the Howard Brookins campaign regarding their challenge of Congressman Bobby Rush’s petitions…

The Congressman filed 3070 signatures and has 742 remaining valid on his filing, an error rate of 76%. To qualify for the ballot, he needs to have 1,314. Therefore, he must rehabilitate at least 572 signatures.

Those 572 come out of a pool of 2,328 that were challenged for various reasons such as signature not genuine, signer resides outside the district, signer not registered, signer signed in multiple locations and signer address incomplete.

* But here’s the problem for Rush: The rules have changed. When the Rush campaign asks people to sign sworn affidavits attesting to the fact that they actually signed the petition the campaign will need a notary present during that signing. From the rules…

Evidence in the form of an affidavit must be sworn to, signed, and notarized before a notary public or other officer authorized to administer oaths in the State of Illinois.

From state statutes…

5 ILCS 312/7-105) (from Ch. 102, par. 207-105)
Sec. 7-105. Official Misconduct. (a) A notary public who knowingly and willfully commits any official misconduct is guilty of a Class A misdemeanor.
(b) A notary public who recklessly or negligently commits any official misconduct is guilty of a Class B misdemeanor.
(Source: P.A. 84-322.)

Rush may need to get hundreds of affidavits signed, and that won’t be easy if the rules are followed.

posted by Rich Miller
Thursday, Dec 10, 15 @ 11:09 am

Comments

Uh oh is right. I think we might be seeing the most remarkably careless surrender of a Congressional seat that we’ve ever seen.

Comment by A guy Thursday, Dec 10, 15 @ 11:13 am
As a wise man once said, “You can’t fix stupid.”

Comment by The Man on 6 Thursday, Dec 10, 15 @ 11:24 am
This is an embarrassing way to end your political career.

Comment by Cassiopeia Thursday, Dec 10, 15 @ 11:24 am
What do you have to do if the notaries want to carry guns?

Comment by Politics R not us Thursday, Dec 10, 15 @ 11:27 am
If Rush is removed from the ballot, Brookins is the luckiest candidate all cycle. No one else credible filed.

Comment by Anon Thursday, Dec 10, 15 @ 11:45 am
==When the Rush campaign asks people to sign sworn affidavits attesting to the fact that they actually signed the petition==

There is a step before that whereby a records examination will take place. Rush’s camp will have a chance to assert that the signatures were, in fact, genuine, within the district, etc.. A person from the board of elections will use the board’s registration system to make an initial ruling as to whether or not Rush should get some of that 2,328 you mentioned back. Therefore, he may not need to get a single affidavit.

Comment by KB1 Thursday, Dec 10, 15 @ 11:52 am
I guess this is what happens when you hem and haw until the last moment and then do your paperwork in a rush. (pun intended)

Comment by train111 Thursday, Dec 10, 15 @ 12:05 pm
KB1 good point. In my experience, the signature not genuine challenges are mostly bogus. People are signing petitions standing up, at an angle, in the wind, with something in their other hand, with the petitioner holding the clipboard. Petition challengers go overboard with those types of objections. Brookins can start talking about rehabilitation AFTER the signatures are reviewed by the election office. Then someone should ask why so many of Brookins objections were thrown out and if we was being honest with those objections.

But this goes to the bigger point, which is that our unique petition challenge system that only one other state - NY - has anything resembling it, is antiquated and looks a heck of lot more like idiocracy than it does democracy. Let people run for office, let diverse political views join in the process, and give voters choices and enough credit that they are smart enough to pick who they want to pick.

More than 30 states have filing fees to run for office. Brings in revenue, vastly reduces election office costs of checking tens of thousands of signatures one by one, and none of the states that use it have the kinds of problems that people who oppose filing fees claim.

What we have is a cottage industry for election law lawyers/consultants that was written by an election law lawyer that is corrupt, wasteful, and completely unnecessary. Look at other states’ filing fee systems and come up with something that isn’t this insane. Please.

Comment by Jeff Trigg Thursday, Dec 10, 15 @ 12:16 pm
Petition checkers usually go ahead and challenge anything that is not perfect. When the Board Inspector checks them, they look for telltales, knowing someone signing on a clipboard is not likely to be exact. It is likely the Board itself will accept 25% of the challenged as legit. Just my take from seeing both sides of challenges.

Comment by Touré's Latte Thursday, Dec 10, 15 @ 12:21 pm
Affidavits only work to rehabilitate signatures stricken on the basis of a “signature not genuine” objection (and we haven’t heard how many of the lines are attacked on that basis).

Things like “address missing or incomplete” will have a widely varying sustain rate depending on how aggressive the objector was in asserting it (objections to against lines that abbreviate Lake Shore Drive as “LSD” or Chicago as “Chgo” don’t get sustained).

An “out of district” objection is almost impossible to rehabilitate.

Comment by titan Thursday, Dec 10, 15 @ 12:28 pm
Jeff Trigg*looks a heck of lot more like idiocracy than it does democracy.* Jeff-I take your point. It is inefficient in Illinois. The benefit, at least theoretically is that and under financed candidate with meaningful community support has access to the ballot, in a way that buying your way onto the ballot does not. So again in theory- we’re choosing to reward organized people over organized money. Which ought to be more democratic.

Comment by West Sider Thursday, Dec 10, 15 @ 12:32 pm
I think the Electoral Board recognized that accepting 1-109 certifications rather than affidavits sworn to before a notary open the door for abuses.

Comment by Anon Thursday, Dec 10, 15 @ 12:49 pm
Illinois continues its tradition of having the worst ballot access laws in the country. It’s one of the few states that still has onerous petition requirements. In most states, you just walk into the election board and sign a declaration of candidacy and you’re on the ballot as long as you satisfy residency requirements.

Comment by Interested Observer Thursday, Dec 10, 15 @ 12:49 pm
West Sider its just as costly, if not more costly, to go get petition signatures, pay a team of people to defend those signatures at the election office, and hire a lawyer to protect those signatures than it is to pay a reasonable filing fee. A lot of states include the option of getting signatures in lieu of the filing fee, so candidates have a choice.

I get your point, but it just doesn’t match up with the way our petition challenge system works, which can be considerably more costly than filing fees. You need more organized money to get on the ballot in Illinois than just about any other state in this country the way it is now.

Comment by Jeff Trigg Thursday, Dec 10, 15 @ 12:51 pm
we’re choosing to reward organized people over organized money

No. We are rewarding organized PARTIES over people. The whole system is set to prevent challengers, especially those not familiar with the system.

It works VERY well as designed. Rush, like Rosemary Mulligan before him, just got careless.

Entitlement is a bad disease….

Comment by Pat C Thursday, Dec 10, 15 @ 12:53 pm
If Bobby Rush is removed from the ballot, then this becomes a national story.

The only person to beat the President ends his career with a wimper.

And in the Oval Office, Barack Obama pulls a weathered Post It note from his wallet and checks the final box.

Comment by Palmer is laughing Thursday, Dec 10, 15 @ 12:55 pm
He’s toast!

Comment by Stones Thursday, Dec 10, 15 @ 1:06 pm
If Rush doesn’t have enough signatures look for him to file a federal lawsuit on any out of disteict signatures and win since the candidate doesn’t have to live in the district. A fed judge will rule neither do the signers. If that will be enough we will see.

Comment by Anonymous Thursday, Dec 10, 15 @ 1:07 pm
Political malpractice. Without the numbers by category, can’t tell. But from experience, looks like a goner.

Comment by Chad Thursday, Dec 10, 15 @ 1:09 pm
You’d think his payrollers would at least have had a sense of self-preservation.

Where’s their next meal ticket coming from, after this fiasco?

Comment by wordslinger Thursday, Dec 10, 15 @ 1:17 pm
Notwithstanding Jeff Trigg’s experience with 3rd party and independent campaigns (where I agree our ballot access laws make it very difficult for those groups), securing valid signatures for the two main parties is NOT difficult. I’ve done it plenty of times, sometimes through a challenge, more often with no challenge.

It’s very easy and straightforward. It’s also easy to overlook apparently. Too many campaigns take this process for granted and make dumb mistakes.

In some races, and I would wager Bobby Rush is one fine example, getting on the ballot is tantamount to winning. So while it is an easy process, it is also critically important.

And that’s why I’m always surprised at how many campaigns screw this up. It’s amazing really.

Comment by 47th Ward Thursday, Dec 10, 15 @ 1:20 pm
As I said before in other posts, I believe he will survive. Either way, it ends up in court.

Comment by Jake From Elwood Thursday, Dec 10, 15 @ 1:29 pm
==The candidate doesn’t have to live in the district. A fed judge will rule neither do the signers.==

The candidate may not have to live in the district under the federal Constitution, true, but the Constitution does empower the states to determine the capacity of the electors. Under state statute, we have the following (10 ILCS 5/7-10) regarding nominating petitions for Congressional candidates:

“Such petition shall be signed by qualified primary electors residing in the political division for which the nomination is sought”

Federal courts will not overturn this.

Comment by The Man on 6 Thursday, Dec 10, 15 @ 1:35 pm
=== If Rush doesn’t have enough signatures look for him to file a federal lawsuit on any out of disteict signatures and win since the candidate doesn’t have to live in the district. A fed judge will rule neither do the signers. If that will be enough we will see. ===

Yawn.

Comment by Just Observing Thursday, Dec 10, 15 @ 1:44 pm
Rush is an elderly man who does not look well or sound well. It is time for that district to have new representation in Washington and if this is the way it ends for him-petering out rather than losing an election so be it. Someone above called this a fiasco and that is exactly right. Whether it’s incompetence or malpractice this man and this staff clearly are not up to the task of operating in today’s political climate.

Comment by Responsa Thursday, Dec 10, 15 @ 1:45 pm
Sounds like same group that ran his sons petition drive ran his

Comment by Annon3 Thursday, Dec 10, 15 @ 2:03 pm
“New representation in Washington” who will behave and vote exactly like Bobby Rush?

Comment by LincolnLounger Thursday, Dec 10, 15 @ 2:20 pm
If they get the same prosecutor as notary fraud Arron Schock, they should be free and clear.

Comment by Qui Tam Thursday, Dec 10, 15 @ 2:34 pm
The Man on 6 - Either you picked that up from a comment I made some time ago with attribution, or you and I remember late night talk on KMOX 40 or so years ago. Great point and worth repeating!

Comment by illini Thursday, Dec 10, 15 @ 2:36 pm
illini - I promise that was not theft of attribution, and KMOX was well before my time. Sometimes, all it takes is a good lawyer who knows his Constitution and how to use the ILGA website.

Comment by The Man on 6 Thursday, Dec 10, 15 @ 2:53 pm
The Man on 6 - If you were complementing my remarks on a post some time ago, thank you. But the credit for that phrase should appropriately go to Jim White.

Good point to be made at appropriate times. Another of his favorite sayings, and forgive me if I do not remember the quote exactly, but it was to the effect of “Save me from Good People” or something similar.

Comment by illini Thursday, Dec 10, 15 @ 3:00 pm
The Man on 6 - Thanks for responding. Not necessary, but appreciated. Guess if you are not as old as me and did not listen to KMOX you might not have known. That was back in the days before there was the internet and 500 channels on cable TV.

Comment by illini Thursday, Dec 10, 15 @ 3:11 pm
I may be horribly corrupted, but I think the petition system helps to sift out candidates who cannot find their behinds with both hands. As 47th said, it’s not that hard to do petitions. You just have to be careful and organized. I would argue that we want elected officials who are careful and organized (or who know how to hire people who are careful and organized.)

Comment by Soccermom Thursday, Dec 10, 15 @ 4:32 pm
Winning 78%+ of your challenges is no cakewalk. This could be a nailbiter, especially if Rush gets a good lawyer.

Comment by anon Thursday, Dec 10, 15 @ 5:20 pm
With all due respect, Jeff Trigg, in 21 years I have never had to rely on paid passers to circulate for me once. Not once.

If you don’t have enough friends, allies, or people who believe in your candidacy that they are willing to go knock on doors or stand on a corner for a couple hours for you, you shouldn’t be running.

Comment by Yellow Dog Democrat Thursday, Dec 10, 15 @ 5:32 pm
Signature identification of voters was a great step forward in the late 19th century as a means of preventing fraud. Where I take occasionally umbrage is that when comparisons are made to the petition signatures (allowing for the fact that petitions are often signed on a clipboard or in a doorway) is that many of the registration signatures on file at the election offices were signed when the voters were 18 or 21 years of age. Not enough allowance seems to be made for handwriting which has deteriorated as a voter ages. Additionally, many electoral boards have lay people rule on the signatures — Chicago at least hires a handwriting expert to assist.

Comment by Anon Thursday, Dec 10, 15 @ 6:04 pm
> Additionally, many electoral boards have lay people rule on the signatures

It takes some organization, but candidates can at least file a “Rule 8 Motion” if they have someone there in person at the records examination to lodge an objection for any challenges that don’t go their way. It’s tough to claw back signatures if you’re well under, but at least there’s recourse and the opinion of a BoE employee on whether two signatures look the same isn’t the final word. In my opinion they also mostly do a pretty good/common-sense job at the Chicago BoE, for what that’s worth.

Comment by anon from 5:20 again.... Thursday, Dec 10, 15 @ 6:14 pm
YDD - I’m with you. I’ve always gotten signatures myself, whether it be for me or up to a half dozen other candidates I might be supporting. There have never been any contested signatures and none have ever been ruled invalid.

Comment by illini Thursday, Dec 10, 15 @ 7:31 pm
On an unrelated note, there are lots of people passing petitions for delegates for Bernie Sanders out in the suburbs. I’ve been approached by 4 in the last 3 days. Kind of surprising. Mostly older white guys, not the young college types you see on TV at Sanders’ rallies.

Comment by DuPage Dave Thursday, Dec 10, 15 @ 9:11 pm
If you don’t have enough friends, allies, or people who believe in your candidacy that they are willing to go knock on doors or stand on a corner for a couple hours for you, you shouldn’t be running.

Exactly this.

– MrJM

Comment by @MisterJayEm Friday, Dec 11, 15 @ 7:14 am