Breaking: Court boots Rahm off ballot

posted at 1:32 pm on January 24, 2011 by Ed Morrissey

With just four weeks to go and a commanding lead over his rivals on the ballot, Rahm Emanuel appeared to be coasting to a victory in Chicago’s mayoral race.  Today, though, an appellate court threw a monkey wrench into the works, overturning both the Chicago Board of Elections and a Cook County judge to order Emanuel off of the ballot:

Rahm Emanuel was thrown off the ballot for mayor of Chicago today by an appellate court panel, a stunning blow to the fund-raising leader in the race.

An appellate panel ruled 2-1 that Emanuel did not meet the residency standard to run for mayor.

Appellate judges Thomas Hoffman and Shelvin Louise Marie Hall ruled against Emanuel. Justice Bertina Lampkin voted in favor of keeping President Obama’s former chief of staff on the Feb. 22 ballot.

Initial word was that the vote on the three-judge panel in Illinois was 237 to 126.  I kid, I kid …

This puts the Emanuel campaign in serious danger of disqualification.  They can appeal to the Supreme Court, but the election takes place four weeks from tomorrow.  Presumably the Supreme Court would expedite its review, and the success of that will hinge on the appellate court’s reasoning for overturning the ruling of Lampkin, the fact-finder at the district court level.  Emanuel’s team says it will use the dissenting opinion on this decision to craft its appeal.

Emanuel’s not the only one in limbo.  With just four weeks to go, the ballots are almost certainly printed and ready[see update II below], and one assumes that absentee voters already have theirs in hand.  Will Chicago voters, both above and below ground, press forward with the poll leader Emanuel and hope that the court won’t throw out an election result?  Or will they decide that they’d better start looking at their second choice candidates now?

Update: Decision and dissent can be found here.  The decision is fairly straightforward: moving out of the city to take a job elsewhere means your physical residence has changed, whether or not one rents out one’s house to someone else.  The dissenting jurist says physical presence isn’t the issue, but the intent to return at some point in time is what matters:

The Board’s ruling–that the candidate in 2009 and 2010 did not abandon his status as a resident of Chicago and, thus, remained a resident of Chicago even though he was largely absent from this city from January 2009 until October 1, 2010–was not clearly erroneous.  Intent is an issue of fact (Delk, 112 Ill. App. 3d at 738), and the majority acknowledges that the Board’s fact findings were not against the manifest weight of the evidence.  This acknowledgment should have ended this case, and resulted in this court affirming the circuit court’s judgment, which confirmed the Board’s ruling that the preponderance of the evidence established that the candidate never formed an intent to either change or terminate his residence in Chicago, or establish his residence in Washington, D.C., or any place other than Chicago.

Because the candidate had established his Chicago residency, it is presumed to continue until the contrary is shown, and the burden of proof is on the person who claims that there has been a change.

Er, okay, but the change was patently obvious.  Emanuel moved to Washington DC and stayed there for 21 months, only returning when Richard Daley announced he wouldn’t seek another term.  Under that definition, the statute becomes essentially meaningless; anyone who lived in Chicago for any period of time could return and run for office on the shortest of notice and dare anyone to prove that returning wasn’t the intent all along.  The majority ruled that the legislature intended this requirement to apply to physical residence — which makes sense, because one wants a mayor who’s actually familiar with the city’s issues.

Update II: The Sun-Times reports that the ballots have not yet been printed:

The Board of Elections has not yet printed up the ballot.

Odelson said Board of Elections attorney Jim Scanlon told him that as of this moment, Emanuel’s name would stay off the ballot.


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Keith Olbermans job is still open.

percysunshine on January 24, 2011 at 1:34 PM

Aw.

Good Lt on January 24, 2011 at 1:34 PM

Initial word was that the vote on the three-judge panel in Illinois was 237 to 126. I kid, I kid …

Looks like a low turnout for a Chicago election! :)

search4truth on January 24, 2011 at 1:35 PM

hahahahahahahahahaha

sandee on January 24, 2011 at 1:35 PM

Never let a crisis go to waste.

Lily on January 24, 2011 at 1:35 PM

Chicago Jesus will fix this.

portlandon on January 24, 2011 at 1:35 PM

The Illinois Supreme Court (filled with partisan hacks) will probably reverse it…but boy, oh boy, ain’t this moment sweet.

Robert_Paulson on January 24, 2011 at 1:35 PM

Karma is a Behar.

Corky on January 24, 2011 at 1:35 PM

hilarious.

Vyce on January 24, 2011 at 1:35 PM

I would have loved to hear the colorful language coming out of the Ballerina’s mouth when he heard this..:)

Dire Straits on January 24, 2011 at 1:35 PM

“The Supreme Court is absolutely loathe to overturn an appellate court decision,” an Illinois lawyer tells me.

Ben Smith (Politico Tweet)

Wethal on January 24, 2011 at 1:36 PM

With just four weeks to go, the ballots are almost certainly printed and ready, and one assumes that absentee voters already have theirs in hand.

L-I-S-A

M-U-R-K-O-W-S-K-I

FTW!

ted c on January 24, 2011 at 1:36 PM

Can’t Rahm just by a birth certificate or something?!

Shy Guy on January 24, 2011 at 1:36 PM

Muahahaha.

Vera on January 24, 2011 at 1:36 PM

Is it illegal to send dead smelly fish through the United States mail system?

SC.Charlie on January 24, 2011 at 1:36 PM

“The Supreme Court is absolutely loathe to overturn an appellate court decision,” an Illinois lawyer tells me.

a few patellar fractures might change their minds, no?

ted c on January 24, 2011 at 1:37 PM

It seems this crisis may waste him

Asher on January 24, 2011 at 1:37 PM

Deeeeeeep breath…..

BAHAHAHHAHAHAHAHAHAHAHAHHAHAHAHAHHAHAHAHA!!!!!!!!!!!!!!!

Chuck Schick on January 24, 2011 at 1:37 PM

Never let a crisis go to waste. Oh wait

Bevan on January 24, 2011 at 1:37 PM

Like I saw on Twitter by someone, if he can’t pay off judges in Illinois, he’s got no business being mayor.

JamesLee on January 24, 2011 at 1:37 PM

LOLOLOLOLOL

ladyingray on January 24, 2011 at 1:37 PM

Will Chicago voters, both above and below ground

Hee hee.

peski on January 24, 2011 at 1:37 PM

It seems this crisis may waste him

Asher on January 24, 2011 at 1:37 PM

winner!

ted c on January 24, 2011 at 1:37 PM

Couldn’t happen to a nicer guy……

Yakko77 on January 24, 2011 at 1:37 PM

Bears Lose.

Rahm off ballot.

Chicago-geddon.

portlandon on January 24, 2011 at 1:37 PM

This crisis should not go to waste….

d1carter on January 24, 2011 at 1:37 PM

It’s Illinois. Not to worry. Worst case scenario is that they’ll swear in a lackey Mayor who will resign 15 minutes after taking office, thereby requiring a special election or something to fill the term. And guess who will be the only candidate on the ballot for the special election?

Outlander on January 24, 2011 at 1:37 PM

This will be decided by the Illinois State supreme court, and we all know how they will rule, before the election. Rahmbo’s got it in the bag.

DJ Rick on January 24, 2011 at 1:38 PM

Can’t Rahm just by a birth certificate or something?!

Shy Guy on January 24, 2011 at 1:36 PM

He spent all his money hiding someone else’s…?

ted c on January 24, 2011 at 1:38 PM

Can you say Mayor Carol Moresleazy Braun? I can, but not without laughing.

What, oh what will Rahm do with that $10 million he’s raised already?

GnuBreed on January 24, 2011 at 1:38 PM

I think it’s important to mention Obama’s electoral history…

For his State Senate run, he actually got the INCUMBENT(Alice Palmer) and four others IIRC taken off the ballot…

ninjapirate on January 24, 2011 at 1:38 PM

Video of Rahm getting the news.

RedRedRice on January 24, 2011 at 1:38 PM

Heh. So the dude leaves the White House specifically to run for mayor and now he’s disqualified from the ballot? Did he have a backup plan?

Doughboy on January 24, 2011 at 1:38 PM

It looks like there are two guys who are going to be getting a delivery of dead fish in the mail later.

teke184 on January 24, 2011 at 1:38 PM

This makes me happy……………..

Opposite Day on January 24, 2011 at 1:38 PM

Bears Lose.

Rahm off ballot.

Chicago-geddon.

portlandon on January 24, 2011 at 1:37 PM

at least they have those Olympics to look forward to…..oh wait!

ted c on January 24, 2011 at 1:39 PM

and in other news, the suntimes.com server is melting. lol

Diogenes of Sinope on January 24, 2011 at 1:39 PM

Phone call from dear leader in 5….4……3

cmsinaz on January 24, 2011 at 1:39 PM

Initial word was that the vote on the three-judge panel in Illinois was 237 to 126.

I heard it was closer than that. $5,346 to $4,989.

KingGold on January 24, 2011 at 1:40 PM

Does anyone else feel like Hitler is going to have a new video out soon? Maybe by 4:00pm ??? heh.

ted c on January 24, 2011 at 1:40 PM

Time for Rahm to channel Hillary!!!

MeatHeadinCA on January 24, 2011 at 1:40 PM

chicago is a stupid city.

moonbatkiller on January 24, 2011 at 1:40 PM

Does anyone else feel like Hitler is going to have a new video out soon? Maybe by 4:00pm ??? heh.

ted c on January 24, 2011 at 1:40 PM

Oh, yeah!!! Please!!!

MeatHeadinCA on January 24, 2011 at 1:40 PM

Wrapped in Newspaper, this fish will get back on the ballot.
Too many dead people waiting for vote for the crisis!

Kini on January 24, 2011 at 1:40 PM

Don’t worry–it’s Illinois.

The Democratic Party will simply direct voters to vote for a lackey. The lackey will become Mayor for 15 minutes, then resign, thereby requiring a special election to appoint a replacement.

By the time the special election is called for, I’m sure Rahm “Rambo, Dead Fish” Emmanuel will have satisfied the residency requirement, and will win the special election hands down.

Outlander on January 24, 2011 at 1:41 PM

I’m guessing the fat lady has not sung yet.

In the meantime, this is hilarious.

ORconservative on January 24, 2011 at 1:41 PM

I have this thing and its effing golden…

or maybe not.

ted c on January 24, 2011 at 1:41 PM

Wrapped in Newspaper, this fish will get back on the ballot.
Too many dead people waiting for vote for the crisis!

Kini on January 24, 2011 at 1:40 PM

I hope he does get back on … just to show how batsh*t insane they all are…

MeatHeadinCA on January 24, 2011 at 1:41 PM

Ballerina Boy hardest hit…

PatriotRider on January 24, 2011 at 1:41 PM

Maybe FLOTUS can beg the Illinois Supreme Court to overturn the decision. She did such a great job getting the Olympics for Chicago.

Oh, wait…

GrannyDee on January 24, 2011 at 1:42 PM

For the first time in many many years I see a small glimmer of hope for the people of Chicago.

It couldn’t have happened to a more deserving POS.

HAHAHAHAHAHAHAHHAHA… Go to work for MSNBC, you piece of &%*#@

Crusader Rabbit on January 24, 2011 at 1:42 PM

HaHa

El_Terrible on January 24, 2011 at 1:43 PM

Keep the knives away from Emanuel! :) This is too funny — hard to believe any court in IL is standing up to him!

PhiKapMom on January 24, 2011 at 1:43 PM

Ouch. Who quits a job in the White House to go be mayor of a city he might not qualify to be mayor of? Great move, tiny dancer!

scalleywag on January 24, 2011 at 1:43 PM

at least they have those Olympics to look forward to…..oh wait!

ted c on January 24, 2011 at 1:39 PM

Sorry, Ted. Just went back and saw your comment.

Great minds and all that.

GrannyDee on January 24, 2011 at 1:43 PM

Chicago folks will double down and vote for rahmie…

cmsinaz on January 24, 2011 at 1:43 PM

The day after New Year’s 1996, operatives for Barack Obama filed into a barren hearing room of the Chicago Board of Election Commissioners.

There they began the tedious process of challenging hundreds of signatures on the nominating petitions of state Sen. Alice Palmer, the longtime progressive activist from the city’s South Side. And they kept challenging petitions until every one of Obama’s four Democratic primary rivals was forced off the ballot.

http://www.chicagotribune.com/news/politics/obama/chi-070403obama-ballot-archive,0,5693903.story

IMPORTANT: Obama won his first State Senate seat by kicking the incumbent(though, she had ran for a us congressional seat) and three others off the ballot.

ninjapirate on January 24, 2011 at 1:43 PM

Obama will issue an EO to seat Rahm. I’d hate to be judges Hoffman and Hall!

cartooner on January 24, 2011 at 1:44 PM

This is a clusterfark that could only happen in a Democratic Shitstain errr I mean Stronghold.

MeatHeadinCA on January 24, 2011 at 1:44 PM

Channeling CNN: Rahm is out? Rahm is OUT?
Bwahahahahahahahaha!

kingsjester on January 24, 2011 at 1:44 PM

IMPORTANT: Obama won his first State Senate seat by kicking the incumbent(though, she had ran for a us congressional seat) and three others off the ballot.

ninjapirate on January 24, 2011 at 1:43 PM

Good point…

MeatHeadinCA on January 24, 2011 at 1:44 PM

Don’t let this crisis go to waste… Loot your campaign fund and get a job on a board of directors at Apple GE or Fannie Mae.

Kuffar on January 24, 2011 at 1:44 PM

As much as I’m enjoying the schadenfreude (and enjoying reminders of Obama’s dirty tricks getting his opponents off the ballot) I do think it’s wrong to kick Rahm off the ballot. It’s not as if he’s some carpetbagger moving in to town from Hawaii or something. He’s a lifelong Chicago resident, owns a house there, and (like him or not) has been serving the President, which surely should qualify as national service. If the voters want him they should be able to elect him, and not be deprived of that right due to a technicality.

Buy Danish on January 24, 2011 at 1:44 PM

*schadenfreude*

turfmann on January 24, 2011 at 1:45 PM

Channeling CNN: Rahm is out? Rahm is OUT?
Bwahahahahahahahaha!

kingsjester on January 24, 2011 at 1:44 PM

I guess Keith and Rahm will have some time to club.

MeatHeadinCA on January 24, 2011 at 1:45 PM

I’m sure Palin had something to do with it….

PatriotRider on January 24, 2011 at 1:46 PM

He will go back to D.C. and do somthin for da man. could he bump Daily?

Before he leaves, he can send the judges some dead fish. His tradmark.

seven on January 24, 2011 at 1:46 PM

A recent poll showed Emanuel leading the pack of mayoral candidates with 44 percent support, compared with 21 percent for Carol Moseley Braun, 16 percent for Gery Chico, 7 percent for Miguel del Valle, and 9 percent are undecided.

So now Moseley Braun is the front runner? Hasn’t Chicago been through enough lately?

rbj on January 24, 2011 at 1:46 PM

This story ain’ts over yet.

But my Cousin Cooter shor is gettin a laugh over dis one.

He’s been bangin the table with his butter knife yellin out “His career is Dead, Dead, Dead”. He is a funny one that thar Cooter.

Didn’t Rahmbo say sumthin like Knife thingy/Dead dat one time?

PappyD61 on January 24, 2011 at 1:46 PM

~sweet!~ hahahahahahahaaaaaa…

tinkerthinker on January 24, 2011 at 1:47 PM

I’m sure Palin had something to do with it….

PatriotRider on January 24, 2011 at 1:46 PM

The judges were nominated by Palin.

MeatHeadinCA on January 24, 2011 at 1:47 PM

CMB is now the front runner? Will the last one left in Chicago please turn off the light?

kingsjester on January 24, 2011 at 1:48 PM

“The Supreme Court is absolutely loathe to overturn an appellate court decision,” an Illinois lawyer tells me.

Ben Smith (Politico Tweet)

Wethal on January 24, 2011 at 1:36 PM

Still, I think the IL SC will overturn this one. If they know what’s good for them…It is Chicago. And Rahm. *shudders*

conservative pilgrim on January 24, 2011 at 1:48 PM

When is SOTU again? Maybe Obama could make a plea for his dear friend.

MeatHeadinCA on January 24, 2011 at 1:48 PM

This sucks. I’d rather he be mayor of Chicago than get a job back in the White House. I hope he wins his appeal.

thesheesh on January 24, 2011 at 1:49 PM

I wonder if Holder wanders into the mix to speed up the process. I can hear Rahm on the phone with him now demanding a reversal.
I am also keeping an eye out at all fish stands today to see if Rahm will send some old fish heads to the 2 members that voted against him.

djaymick on January 24, 2011 at 1:50 PM

Buy Danish on January 24, 2011 at 1:44 PM

Go ahead and be that way. The rest of us are having a great time. :)

txhsmom on January 24, 2011 at 1:50 PM

Wow! What’s next? Courts figuring out Hussein Obama isn’t a true natural born citizen?

p51d007 on January 24, 2011 at 1:50 PM

This sucks. I’d rather he be mayor of Chicago than get a job back in the White House. I hope he wins his appeal.

thesheesh on January 24, 2011 at 1:49 PM

Why? If he gets his job back in the O-ministration, more proof that Team 0 is full of losers.

MeatHeadinCA on January 24, 2011 at 1:50 PM

Ben Smith (Politico Tweet)

Wethal on January 24, 2011 at 1:36 PM

With all respect, I never rely on any legal analysis that doesn’t come from crr6.

Chuck Schick on January 24, 2011 at 1:51 PM

They also should have kicked his crooked butt out of town.

rplat on January 24, 2011 at 1:51 PM

I love the smell of schadenfreude in the afternoon.

fossten on January 24, 2011 at 1:51 PM

With all respect, I never rely on any legal analysis that doesn’t come from crr6.

Chuck Schick on January 24, 2011 at 1:51 PM

hahahahahaha

Yes, we should wait till it chimes in. I think it is rubbing lotion on something.

MeatHeadinCA on January 24, 2011 at 1:51 PM

rbj on January 24, 2011 at 1:46 PM

No. If Rahm is off the ballot very little of his support will move to Carol Mosley Braun. I think Chico will get most of the Rahm support. Chico is actually pretty qualified.

Ted Torgerson on January 24, 2011 at 1:52 PM

Those judges better have aides start their cars, and hire food tasters.

The Chicago Way doesn’t take kindly to “No. Not yours!!!”.

portlandon on January 24, 2011 at 1:52 PM

Intent to return? Is this virtual residence? Another Democrat in contempt of the law.

Mason on January 24, 2011 at 1:53 PM

Bill Daly better smell his mail before opening…

RedSoxNation on January 24, 2011 at 1:53 PM

With just four weeks to go, the ballots are almost certainly printed and ready, and one assumes that absentee voters already have theirs in hand.EM

Not according to the Chicago Sun Times:

The Board of Elections has not yet printed up the ballot.

Odelson said Board of Elections attorney Jim Scanlon told him that as of this moment, Emanuel’s name would stay off the ballot.

Emanuel’s attorneys will likely ask for a “stay” of the order today or Tuesday. If that is granted, Emanuel’s name could go back on the ballot.

Barnestormer on January 24, 2011 at 1:53 PM

Rahm et co. want the cake and eat it too. Only in Chicago and Obamaland are all things possible.

The thugs fancy ruling the world. The people are just in thier way, slightly.

Schadenfreude on January 24, 2011 at 1:54 PM

Daly out; Rahm out to replace Daly; Daly in to replace Rahm; Rahm now out to replace Daly…

Does this make sense to anyone…

RedSoxNation on January 24, 2011 at 1:54 PM

So we’ve had two years of people “fixing” our economy/jobs/recession who can’t even figure out local election law? Awesome.

rogerb on January 24, 2011 at 1:54 PM

Ted Torgerson on January 24, 2011 at 1:52 PM

that would even be sweeter with both of them outta there…

cmsinaz on January 24, 2011 at 1:55 PM

Buy Danish on January 24, 2011 at 1:44 PM

If Emanuel wanted to run for mayor he should not have rented out his house. The rules have to apply equally to everyone. He can re-establish residency and run next time.

Ted Torgerson on January 24, 2011 at 1:55 PM

Awwww…bummer, dude.

Flyboy on January 24, 2011 at 1:56 PM

So we’ve had two years of people “fixing” our economy/jobs/recession who can’t even figure out local election law? Awesome.

rogerb on January 24, 2011 at 1:54 PM

They couldn’t even figure out the f’ing Commerce Clause.

MeatHeadinCA on January 24, 2011 at 1:56 PM

Ya know….I think his old boss has similar issues…

PatriotRider on January 24, 2011 at 1:56 PM

What, did Rahm lose a bet with Barry over the game?

/

Christien on January 24, 2011 at 1:56 PM

This news is covered in awesome sauce!

ornery_independent on January 24, 2011 at 1:57 PM

because one wants a mayor who’s actually familiar with the city’s issues.

No, they don’t. They just want a Democrat.

crushliberalism on January 24, 2011 at 1:57 PM

Well, in my opinion (and believe me, I am no Rahm fan) these residency requirements should have an exemption for government service.

crosspatch on January 24, 2011 at 1:58 PM

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