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I still can’t figure out how this is such a thing

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Illinois

In a years-long effort to put their allegations of election tampering before a jury, lawyers for [Jason Gonzales] an unsuccessful primary challenger to Illinois House Speaker Mike Madigan contend the state’s most powerful politician and his organizations “debased” the ballot, “the very crux of democracy.” […]

Gonzales’ lawyers also argue Madigan’s tactics took a deep personal toll on their client, contending that the “sham candidates being on the ballot left him ‘incapacitated,’ ‘ personally and emotionally devastated, hopeless and helpless.’” […]

While Gonzales’ lawyers seek a jury trial to outline a “scheme to corrupt a public ballot,” they are also pushing for monetary damages. Gonzales was deprived of his constitutional right of equal protection, his lawyers argue.

“Gonzales described his depression and anxiety, his bouts of uncontrolled tears, his panic attacks and hopelessness, and his difficulty functioning for over three and one half months,” the filing says. “He went under mediation (sic) from a psychiatrist.” […]

Lawyers for Gonzales claim that Hispanic voters told him personally that “with the multiple Hispanic candidates there was no reason even to vote.” They also claim Hispanic organizations wouldn’t support him and other Hispanics “told him he was a fool for running at all since there would be no two-man race. He also claimed it affected his ability to fundraise and wealthy donors withdrew the support they had promised.

Madigan is what he is. I can totally understand why people are angry or even furious about how he does business. But how this particular thing is actionable is kinda beyond me. And why the plaintiff is claiming to have been surprised stretches all credulity.

Madigan’s operation has put “sham” candidates on the ballot for years. And Madigan is well-known for being a man of strong habits. When something works for him, he keeps doing it until it no longer works. So this shouldn’t have been a surprise which allegedly rocked Gonzales to his emotional core. Good campaigns plan for these contingencies. Bad campaigns whine.

* Indeed, as Team Madigan pointed out in their own filing, Gonzales said he was ready for this possibility during the campaign…

“We’ve come up with a strategy to neutralize these two candidates, and they’re not going to do much harm.”

Also, politics is a very rough business. If every candidate who experienced emotional issues during and after campaigns filed lawsuits seeking monetary damages, the courts wouldn’t have enough time to do anything else.

posted by Rich Miller
Wednesday, Jul 17, 19 @ 11:33 am

Comments

Given how protective IL has been of the tort business, this is more than a little ironic.

But of course it’s totally silly that it’s actionable. What would he have done to the guy who said “nominate me I will not run, elect me I will not serve”??

Comment by Fav human Wednesday, Jul 17, 19 @ 11:37 am
=”his bouts of uncontrolled tears, his panic attacks and hopelessness=

I feel the same way when I can’t get an amendment out of House Rules.

Comment by Colin O'Scopy Wednesday, Jul 17, 19 @ 11:39 am
=== … how this particular thing is actionable is kinda beyond me. ===

Me too. Just waiting for the ruling and will read it then.

Comment by Norseman Wednesday, Jul 17, 19 @ 11:44 am
well, MM puts up sham candidates, so good that this kid is pushing a sham lawsuit.

Comment by dying hdo Wednesday, Jul 17, 19 @ 11:44 am
To the Post,

Again…

I’m trying to find the legal argument *anyone* is wholly entitled… to have a “one on one” election… with anyone.

How do you make that a legal argument?

Comment by Oswego Willy Wednesday, Jul 17, 19 @ 11:45 am
=”his bouts of uncontrolled tears, his panic attacks and hopelessness=

I feel the same way when the cold beer runs out during a weekend barbecue party.

Comment by Huh? Wednesday, Jul 17, 19 @ 11:46 am
“Gonzales described his depression and anxiety, his bouts of uncontrolled tears, his panic attacks and hopelessness, and his difficulty functioning for over three and one half months.”

Does this mean I get to sue my university for that last semester of grad school?

Comment by Soccermom Wednesday, Jul 17, 19 @ 11:51 am
I think you could settle this case with a participation trophy. His main claim seems to be that losing hurts, maybe a trophy will make it hurt a little less. Also, a trip to the ice cream shop may be in order.

Comment by The Captain Wednesday, Jul 17, 19 @ 11:58 am
Politics ain’t beanbag; there are no safe spaces. If you are trying to sandbag a sitting politician, you better have your ducks lined up before pulling the trigger. If Jason and/or his crew didn’t see this one coming, they flunked Politics 101.

Although it would unfortunately have a chilling effect on some valid lawsuits, I still think we need a “loser pays” provision for filing frivolous ones.

Comment by RNUG Wednesday, Jul 17, 19 @ 12:00 pm
Just cause it may be legal doesn’t mean it should be. The Speaker is obviously using his power to get shill candidates to corrupt any chance of a fair election. The shills don’t run for nothing, right? They or their families probably owe their livelihood to him.

If your the guy who makes the law, it’s pretty easy to make something legal but it doesn’t make it right.

Comment by Cirion Wednesday, Jul 17, 19 @ 12:03 pm
It’s one thing to put “sham” candidates on the ballot

Quite another to admit it and say it is no big deal, especially in the environment of the current Democratic party where prominent candidates lose elections and them claim our “democracy is compromised” because of fraud

Can’t have it both ways

Comment by Lucky Pierre Wednesday, Jul 17, 19 @ 12:13 pm
He was that depressed over the entry of two additional candidates. Fortunately for him he didn’t win the seat and have a bill fail to pass in the GA.

Comment by A Jack Wednesday, Jul 17, 19 @ 12:16 pm
It looks to me he is arguing that his rights were violated under the equal protection clause and that caused him harm …basis of a civil action…by losing and getting upset.
But a lawyers opinion would be helpful here.

Comment by Not a Billionaire Wednesday, Jul 17, 19 @ 12:22 pm
This is always more when you are reminded this was a GovJunk/Blair Hull production. Guessin Gonzo feels all queasy cause the sugar daddies shot off the moolah.

Comment by Annonin' Wednesday, Jul 17, 19 @ 12:25 pm
Campaigns are not for the weak. They are brutal endeavors that take a toll on family and friends.
I have seen many folks throw their hat into races at all levels and when it’s all said and done almost all say they’ll never do it again.
It also is a stark reality when folks decide to run they find who their real friends are. It’s not as many as they thought.

Comment by Dupage Bard Wednesday, Jul 17, 19 @ 12:40 pm
“Also, a trip to the ice cream shop may be in order.”

Nah, just give him a lemon Lifesaver and let him figure out the rest.

Comment by Hieronymus Wednesday, Jul 17, 19 @ 12:42 pm
==Just cause it may be legal doesn’t mean it should be.==

But if there was such a law how would it be enforced? How would a candidate be verified as authentic? Does the candidate pinky swear? Does he or she say ”cross my heart and hope to die stick a needle in my eye”? What would such a law look like?

Comment by Da Big Bad Wolf Wednesday, Jul 17, 19 @ 12:44 pm
===Quite another to admit it===

And still quite another to sue somebody for it.

Comment by Rich Miller Wednesday, Jul 17, 19 @ 12:44 pm
Really, we are in Illinois.

There is not another state where trial lawyers have more influence and file more frivolous lawsuits

Comment by Lucky Pierre Wednesday, Jul 17, 19 @ 1:03 pm
Seems like one could make a case for a civil rights violation.

If one needs a reason why good people don’t run for office this is it

Comment by Plutocrat03 Wednesday, Jul 17, 19 @ 1:07 pm
=== I have seen many folks throw their hat into races … and when it’s all said and done almost all say they’ll never do it again. === when folks decide to run they find who their real friends are. === - Dupage Bard

I did toss my cap into the ring a couple of decades ago. A shill with a good ballot name and city job entered the fray to protect the incumbent, who really needed no protection. I lost. I considered it a graduate course in political science. I did not elect to repeat the course.

But I did not seek psychiatric help afterward. If a candidate is going to get psychiatric counseling, I suggest that they seek it before, not after they run.

Comment by Anon III Wednesday, Jul 17, 19 @ 1:08 pm
The emotional anguish he felt losing to Madigan one way instead of a different way is pretty intense. Madigan is leaving the House at a time of his choosing or in cuffs, not in a primary.

(I do understand that you’d feel better about losing if you thought it was a fair fight, but you’re trying to take on the House Speaker; as Rich noted, you’ve got see everything coming.)

Comment by lakeside Wednesday, Jul 17, 19 @ 1:11 pm
==prominent candidates lose elections and them claim our “democracy is compromised” because of fraud===

There are plenty of illegal (or have been illegal recently) ways to influence an election, like gerrymandering, closing voting locations in minority areas, cleansing voter rolls, etc. This particular method of influencing an election just doesn’t seem to be illegal. Want to bet how the Supremes would rule? They seem pretty hands off right now.

Comment by Jibba Wednesday, Jul 17, 19 @ 1:13 pm
I think Mr. JM was on the right track in his comment on the previous Gonzales post that the claim comes from any possibility that MJM used his state position to deprive Gonzales of a right. The depression, ect., is probably just Gonzales, like many plaintiffs, exaggerating in an effort to prove he was actually injured.

Comment by Three Dimensional Checkers Wednesday, Jul 17, 19 @ 1:26 pm
===the claim comes from any possibility that MJM used his state position to deprive Gonzales of a right===

That claim was based on an allegation that Lisa Madigan hired one of the sham candidates. The allegation turned out to be false.

Comment by Rich Miller Wednesday, Jul 17, 19 @ 1:32 pm
== The allegation turned out to be false. ==

I am assuming that the judge dismissed that count then? Otherwise, ¯\_(ツ)_/¯

Comment by Three Dimensional Checkers Wednesday, Jul 17, 19 @ 1:38 pm
Funny, if I recall Gonzalez tactics, he waited till 459pm to file in hopes of not allowing mjm time to put sham candidates on the ballot. So Gonzalez knew this tactic, prepared for it, but says he was harmed by it????

Comment by Timmy Wednesday, Jul 17, 19 @ 2:00 pm
Everyone knows, “There ain’t no cryin’ in politics.”

Comment by Kate Cloonen Wednesday, Jul 17, 19 @ 2:08 pm
Whether this suit is successful in federal court via the ever expanding definition of the 14th Amendment is unknown. Gonzales didn’t win the election but he might have hurt certain Madigan operatives by going into court. It way too early to tell who’s the long term loser in all of this .

Comment by Steve Wednesday, Jul 17, 19 @ 2:25 pm
I think Gonzales has Chance the Snapper tears.

Comment by Da Big Bad Wolf Wednesday, Jul 17, 19 @ 2:35 pm
I think its funny that Gonzales’ lawyers keep misspelling his name on court filings.

Comment by Powdered Whig Wednesday, Jul 17, 19 @ 2:53 pm
Does this mean that Al Gore can sue Ralph Nader?

Comment by Soccermom Wednesday, Jul 17, 19 @ 3:08 pm
Boy howdy, look at Mr. Miller defending Mike Madigan. I’m shocked.

Comment by Token Conservative Wednesday, Jul 17, 19 @ 3:09 pm
- Token Conservative -

Outside your driveby, How is this a thing?

I’m trying to figure it out, enlighten me, legally, how is this a thing?

Thanks.

Comment by Oswego Willy Wednesday, Jul 17, 19 @ 3:16 pm
OW,
Politics ain’t beanbag and Mr. Gonzales should know that. But how is a pattern of sham candidates or using influence to get legal contracts, or killing citizen-led initiatives because it doesn’t fit your iron clad grip on power “a thing”"

Comment by Token Conservative Wednesday, Jul 17, 19 @ 3:23 pm
Oh boy… (Sigh)

===But how is a pattern of sham candidates or using influence to get legal contracts, or killing citizen-led initiatives because it doesn’t fit your iron clad grip on power “a thing””===

“But how is a pattern of sham candidates”

Can you cite the illegality? What law?

“or using influence to get legal contracts”

If you personally have evidence, please inform the USA. Alderman Burke has been indicted. Actual counts. Your speculation has no actuality.

This.

This is the tops of the tops, LOL

===..or killing citizen-led initiatives because it doesn’t fit your iron clad grip on power===

You are a victim of Rauner and have not a clue that you got played. LOL. I mean, it’s truly epic.

Lemme understand you;

It’s Madigan’s fault… right… that Rauner has all these petitions… and all these names… and spent millions to maybe get your name, other folks names, mine for folks just plain angry… and all those millions… and all those lawyers… they accidentally wrote the petitions to be unable to pass muster?

You think that was a coincidence?

lol.

They spent millions, got all these names, ran ads, got folks engaged… but golly… they couldn’t get 3 lawyers to draw up language for the petitions to make them legal?

I mean… lol… they took photos… they stack the props… they touted.. they waved fists… knowing… they have “no idea” if all that work was for… nothing?

It was never to get *on* the ballot. If it was, they would used some of those millions on lawyers.

But, blame Madigan.

Rauner folks are laughing.

Comment by Oswego Willy Wednesday, Jul 17, 19 @ 3:36 pm
OW,

1. The latest: https://www.google.com/amp/s/www.chicagotribune.com/politics/ct-madigan-gonzales-ballot-stacking-allegations-20190701-pkuji3vmuvc25gkpdltpm4vtxu-story.html%3foutputType=amp

2. The USA doesn’t need me.
https://chicago.suntimes.com/politics/2014/6/17/18613847/madigan-firm-got-1-7m-tax-break-for-contractor-its-partners

3. And if you think it was some grand legal theory and not Democratic judges that killed the redistricting question, well, I’ve got some oceanfront property in Scottsdale to sell you. https://www.google.com/amp/s/www.chicagotribune.com/politics/ct-illinois-supreme-court-independent-map-ruling-met-0826-20160825-story.html%3foutputType=amp

Comment by Token Conservative Wednesday, Jul 17, 19 @ 3:50 pm
Let’s just start here…

===not Democratic judges that killed the redistricting question, well, I’ve got some oceanfront property in Scottsdale to sell you.===

You’re saying the judicial system is systematically corrupt?

How does that work? When it rules how you like it, they’re not corrupt, you don’t like a ruling… corrupt?

Yikes. That’s some serious Trumpkin going on.

Comment by Oswego Willy Wednesday, Jul 17, 19 @ 3:54 pm
To the links?

The allegations are just that, what rule of law is broken. Find that in the first one.

The second?

What allegation are you making? What is the proof?

Ald. Burke, apparently is on tapes, multiple ones.

Maybe you *should* leave it to the USA.

After all, you only think judges that rule as you see as good… are good judges.

Whew.

Comment by Oswego Willy Wednesday, Jul 17, 19 @ 3:57 pm
This has been lawfare. MJM has had to spend some money and time defending himself . All the while, it appears the FBI has been very interested in MJM via Danny Solis and wired up developers. What’s interesting is it appears that the FBI seems interested in some names that have come up in the deposition.

Comment by Steve Wednesday, Jul 17, 19 @ 4:04 pm
Equal Protection Clause, really? I can’t see how this matter falls under that clause. According to Cornell University Website:

Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. …

I think it’s an absurd interpretation to say the State of Illinois is forced to protect Gonzales from any political candidate because of that candidate’s motive for being in the race. Do we want the state judging motives for running for office?

Comment by Norseman Wednesday, Jul 17, 19 @ 5:07 pm
Token Conservative, did you misspell Tolkien? You’re definitely prolific in creating works of fantasy.

Comment by Norseman Wednesday, Jul 17, 19 @ 5:11 pm
===Do we want the state judging motives for running for office?===

That would be fun. lol

Comment by Rich Miller Wednesday, Jul 17, 19 @ 5:11 pm