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Unclear on the concept

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* As we all learned in 2011, Chicago mayoral candidates must have established residency in the city for at least one year before the first round of voting. Next year’s first round in Chicago is February 26th. This year’s primary was March 20th. Now, on to the Tribune…

Ra Joy, the lieutenant governor candidate on Chris Kennedy’s unsuccessful Democratic ticket, said he will decide by the end of the week whether to join the large field running for mayor.

Joy said he wants to see a change from two-term Mayor Rahm Emanuel. […]

Joy also said he has been making the case that Kennedy, who voted from his home in suburban Kenilworth, “has been essentially keeping residence in the city of Chicago since January.”

Since Kennedy voted from his Kenilworth residence in March, convincing a judge that he’s really a Chicago resident is gonna be pretty darned tough.

Most residency decisions center on intent. And one way to prove intent is by voting from a particular address. For instance, this passage is from the dissenting appellate court decision that Rahm Emanuel lost in 2011…

At all relevant times, including the time he was in Washington, D.C., the candidate [Emanuel] continued to pay property taxes for the Hermitage house, continued to hold an Illinois driver’s license listing the Hermitage house as his address, continued to list the Hermitage house address on his personal checks, and continued to vote with the Hermitage house as his registered voting address. [Emphasis added.]

As you know, the Supreme Court eventually put Emanuel back on the ballot, precisely for stuff like that.

posted by Rich Miller
Monday, May 7, 18 @ 10:09 am

Comments

The Trib story needs to be edited more tightly for clarity, but I read it that Joy is considering running for mayor, not Kennedy.

Comment by wordslinger Monday, May 7, 18 @ 10:14 am
===but I read it that Joy is considering running for mayor, not Kennedy. ===

It’s both. Joy is considering it, but says that Kennedy is eligible.

Comment by Rich Miller Monday, May 7, 18 @ 10:15 am
Voting outside of the district within the residency period is actually a 100% deal killer.

Here’s some light reading by the Appellate Court on the subject:

https://caselaw.findlaw.com/il-court-of-appeals/1249594.html

Comment by Grand Avenue Monday, May 7, 18 @ 10:23 am
The pushback from Joy’s comment may dissuade Kennedy from trying. Is Joy clever enough to have done that on purpose?

Comment by Last Bull Moose Monday, May 7, 18 @ 10:23 am
I hear that Bill Daley is going to be his finance chair.

Comment by 47th Ward Monday, May 7, 18 @ 10:39 am
Kennedy kept an old wedding dress in Chicago at all times and that trumps voting.
And where did Rauner vote when he claimed to be a citizen of Chicago so his kid could go to school in Chicago?

Comment by DuPage Saint Monday, May 7, 18 @ 10:53 am
===And where did Rauner vote when he claimed===

Two different types of laws.

Comment by Rich Miller Monday, May 7, 18 @ 10:57 am
47th Ward. Ouch.

Comment by walker Monday, May 7, 18 @ 11:02 am
Both probably better off running for Mayor of Kenilworth

Comment by Annonin' Monday, May 7, 18 @ 11:28 am
=And where did Rauner vote when he claimed to be a citizen of Chicago so his kid could go to school in Chicago?=

Not only is it a different set of laws, residency laws for schools have changed over the years. Now it is about where the kid sleeps at night. Unless the student has and IEP, then it is where the legally established guardian resides.

If you want to run for office, the residency question is literal, but the courts have recognized exceptions based on job or other office requirements.

Comment by JS Mill Monday, May 7, 18 @ 12:02 pm
Rahm watering down the field not surprising. Guessing but In a head to head battle he would have major problem with the right candidate. Follow the money see who is funding the also rans

Comment by theCardinal Monday, May 7, 18 @ 12:16 pm
47th Ward- Kennedy raised $7.7 million. That’s nothing to sneeze at. Especially with the Speaker drying up all traditional funding sources and Kennedy and JB sharing a lot of the same north shore friends who sat the race out.

Comment by Lil Lebowski Urban Achiever Monday, May 7, 18 @ 12:23 pm
Grand Avenue correctly points to the Neely case. The act of signing a ballot application attesting to one’s residence outside of the city within the year is pretty much conclusive and non-rebuttable that one doesn’t have the necessary residence within the city.

Comment by titan Monday, May 7, 18 @ 12:52 pm
Some ask why I voted in Kenilworth and decided to run for mayor of Chicago.
I say, hey it’s Chicago, why not…

Comment by OneMan Monday, May 7, 18 @ 1:59 pm
Lil Lebowski “kennedy raised $7.7 million. That’s nothing to sneeze at.”

At the same time, he wasted $7.7 million and that’s nothing to sneeze at.

Comment by Shytown Monday, May 7, 18 @ 4:05 pm