* Petition challenges can be a murky business because we have to dive into some pretty arcane laws and court cases that only a handful of lawyers really understand.
Yesterday, we linked to a story about a challenge to Rep. Deb Mell’s petitions. Mell is Rod Blagojevich’s sister-in-law and the daughter of Ald. Dick Mell, so the news spread far and wide.
The linked story included this explanation..
Ms. Mell is not registered to vote at her apparently new address. By law, all candidates are supposed to be registered at the address they use for their nominating petitions.
But this is from someone close to Rep. Mell’s campaign…
First, there is no law that says that a candidate must be registered to vote at the address on the petition/Statement of Candidacy. In fact, the Appellate Court has already considered this argument in Henderson v. Miller, where the Court said:
“The act does not require that a candidate be a voter at his place of residence. The defendant’s Statement of Candidacy is on a form provided by the Board of Election Commissioners of the City of Chicago. If the plaintiffs’ argument is correct, the form provided by the Board requires a candidate to swear to something which the statute itself does not require. The illogic of the plaintiffs’ argument is apparent.”
Second, even if there were such a law (which there is not), that law would be unconstitutional for the State legislature. Article IV, Section 2(c) of the Constitution sets forth the three eligibility requirements for the office of Representative: citizenship, 21 years of age, and a resident of the district for two years preceding the election. On that question, the Illinois Supreme Court has said:
“The General Assembly has no power to add to the qualifications of the members of that body as fixed by the constitution” People ex rel. Breckton v. Board of Election Com’rs of Chicago.
The U.S. Supreme Court has similarly held that “the three qualifications for membership [in Congress] specified in Art. I, § 2, are of ‘a precise, limited nature’ and ‘unalterable by the legislature…’” U.S. Term Limits v. Thornton, where the Supreme Court struck down term limits as imposing an unconstitutional additional qualification (i.e. non-incumbency) to run for Congress. Here, the plaintiffs would be arguing that State law imposes an additional qualification (i.e. voter registration) to run for the General Assembly.
Clear as mud? Good. Glad I could help.
* Meanwhile, Dan Hynes is behind a petition challenge…
Comptroller Dan Hynes’ campaign for the Feb. 2 Democratic nomination for governor is backing a challenge to the petitions filed by Oak Park trial attorney Edmund Scanlan, a political newcomer who got into the race in early October.
The objection to Scanlan’s petitions was filed Monday, the first day for opponents to try to remove candidates from the primary ballot over alleged problems with nominating petitions to the State Board of Elections. The Hynes camp contends that Scanlan fell far short of the minimum 5,000 valid nominating signatures despite submitting slightly more than 10,000 signatures.
“All candidates for office from school board to governor are required to do a few simple things to get on the ballot, including getting a small percentage of the voters to sign their nominating petitions,” Hynes’ campaign spokesman Matt McGrath said in a statement. “In Mr. Scanlan’s case, it is apparent that his petitions fall woefully short of this standard.” […]
An objection also was filed to the petitions submitted by another Democratic candidate for governor, community activist William “Dock” Walls of Chicago. Walls called the effort a “frivolous challenge.” Efforts to reach the person who filed the objection were not successful.
And over in Cook County…
Circuit Court Clerk Dorothy Brown challenged Stroger’s nominating petitions on the first day to try to knock an opponent off the ballot. Brown’s petitions also were challenged. […]
In a lottery held today to determine ballot position, Preckwinkle received the top spot, followed by O’Brien and Brown. Stroger, who waited until the deadline to file his petitions, secured the bottom spot.
More…
Believing that some of Stroger’s nomination petitions have problems, Circuit Court Clerk Dorothy Brown on Monday mounted a formal challenge.
“It was just ridiculous. It was chicken scratch, it was scribble-scrabble. It didn’t look well at all. It looked obviously fake and false,” said Brown spokeswoman Lily Kim.
Kim said their review of Stroger’s petitions turned up “flagrant” violations, including invalid or false addresses, false names and names that didn’t match addresses.
“Maybe two were actually real or authentic, and there about 20 signatures on each petition,” she said.
You see a lot of trash talk at this stage of the game. Remember that. It’s the lawyers who control this process, not the spokespeople.
* Speaking of trash talk, this is from a press release…
Former Deputy Illinois Treasurer Raja (RA-ja) Krishnamoorthi (krish-nuh-MOOR-thee) today blasted State Rep. David Miller and one of Miller’s Facebook supporters for challenging Krishnamoorthi’s petitions of candidacy for Illinois State Comptroller, charging that Miller’s campaign was trying to deny Democratic primary voters a progressive alternative to business as usual.
“I’ve been running for this office for months with detailed plans to protect the taxpayers and open up state government to its citizens,” Krishnamoorthi said. “My campaign collected thousands of signatures from voters throughout our state who are tired of business as usual and want to bring real reform and openness to Springfield.” […]
“The challenge to my petitions is nothing less than harassment and intimidation,” Krishnamoorthi said. “As the endorsed candidate of the Cook County Democratic Organization, Miller’s campaign is using heavy-handed insider tactics to limit access to the ballot and deny voters an alternative to the business as usual he represents.”
* Related…
* Eapen accused of voting hijinx: Four members of a West Rogers Park family testified Monday that Ald. Bernard Stone’s (50th) ward superintendent Anish Eapen coaxed them to vote absentee, collected their ballots and then mailed them during the heated 2007 aldermanic race.
* Objections filed in 8th, 10th Congressional districts