Subscribe to Capitol Fax      Advertise Here     Contact Rich Miller
To subscribe to Capitol Fax, click here. Subscriptions are $350 per year. To advertise on the Capitol Fax Blog, please click here.
Things aren’t always what they seem

Tuesday, Nov 10, 2009

* 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

- posted by Rich Miller


19 Comments
  1. - The Doc - Tuesday, Nov 10, 09 @ 11:23 am:

    ==Clear as mud? Good. Glad I could help==

    LOL. The lawyers for both Laiacona and Mell are heavy hitters. I imagine this issue will receive increased coverage due to the Mell political dynasty and Blago component. Fun stuff.


  2. - fedup dem - Tuesday, Nov 10, 09 @ 11:30 am:

    I find it very difficult to believe that Rep. Mell would have moved since her 2008 election (to an address that is far more likely to also be part of the 33rd Ward after the next remap) without filling out a change of address form or re-registering within 48 hours of the move. Her Dad would have seen to that (a point that even Ald. Mell’s political opponents would likely conceed to be the case).


  3. - Oneman - Tuesday, Nov 10, 09 @ 11:31 am:

    Clear as mud

    But using the same logic (basic qualifications as outlined in the constitution) wouldn’t any challenge be invalid? At the very least the classic improperly bound petitions challenge be moot.

    The challenge on Mell should be fun, also reading that one dude get his shorts in a bunch over getting challenged is a hoot.


  4. - train111 - Tuesday, Nov 10, 09 @ 11:42 am:

    “Clear as mud”

    How can we expect any kind of logical clarity in a system that is as muddy as they come?

    train111


  5. - Rich Means - Tuesday, Nov 10, 09 @ 12:29 pm:

    fed up dem,

    We found it difficult to believe that she would have failed to re-register at the new address, but that is the fact and they are not denying it. Arrogance breeds an inattention to detail.

    Rich


  6. - Tom Mannis - Tuesday, Nov 10, 09 @ 12:49 pm:

    The situation with Deb Mell is, indeed, as clear as mud. Isn’t the real issue the fact that her nominating petitions had inaccurate information? Sure, it’s a technicality, but that’s what petition challenges are all about. Try this: Fill out your application for a fishing license incorrectly, then bring it to the attention of the authorities. See if your still allowed to fish.


  7. - Niles Township - Tuesday, Nov 10, 09 @ 12:53 pm:

    Hynes looks very small going after these two bit players. I understand why he is doing it, but it doesn’t play well at all.


  8. - Rich Miller - Tuesday, Nov 10, 09 @ 12:57 pm:

    === Fill out your application for a fishing license incorrectly===

    We’re talking constitutional issues vs. paperwork issues. Try to make your analogies useful. Thanks.


  9. - 31st Warder - Tuesday, Nov 10, 09 @ 1:07 pm:

    Is the window of opportunity to challenge the petitions of a candidate over? Monday was the deadline to submit a challenge but are there exceptions to that date?


  10. - Pot calling kettle - Tuesday, Nov 10, 09 @ 1:38 pm:

    The Statement of Candidacy is a notarized, legal document that says, in part ==I, (Name of Candidate) being first duly sworn (or affirmed), say that I reside at _____, in the City, Village, Unincorporated Area (circle one) of _____ (if unincorporated, list municipality that provides postal service) Zip Code __, in the County of __, State of Illinois; that I am a qualified voter therein and am a qualified Primary voter of the ___ Party;==

    On the voter registration form, the voter swears that they reside at the address listed and that it is their permanent residence. If they move, the voter registration form is no longer true and no longer valid. If you change your residence, but not your registration, you are no longer a registered voter.

    If the candidate lists an address at which they are not a registered voter on the SoC form, it would seem that the SoC form would be incorrect and invalid.


  11. - nice kid - Tuesday, Nov 10, 09 @ 2:06 pm:

    Rich, the explanation and its reference to the Illinois Constitution ignores that candidates also have to file the Illinois Election Code. I am not opining on whether Mell did or did not do that– I am only saying that the world is not as simple as her spokesperson things.

    On a separate front, I would love to find out how David Miller thinks he is going to get ANY support in Will County (except perhaps in University Park), since he supports that Jesse Jackson Jr ALNAC airport plan.


  12. - Oneman - Tuesday, Nov 10, 09 @ 2:18 pm:

    But using the pure constitutional definition then the signature requirement should be invalid.

    I don’t see how pure constitutional works considering how this states tough signature requirements have been upheld.


  13. - Anonymous - Tuesday, Nov 10, 09 @ 2:20 pm:

    ===We’re talking constitutional issues vs. paperwork issues. Try to make your analogies useful. Thanks.===

    Even with paperwork issues, there are two types of requirements and two types of compliance. Some requirements are mandatory, while others are merely directory. Mandatory requirements require strict compliance, while directory requirements only require substantial compliance. Inclusion of the word shall, or similar language, is good evidence that a requirement is mandatory; and a penalty for failure to comply is even better evidence.


  14. - Squideshi - Tuesday, Nov 10, 09 @ 2:22 pm:

    Incidentally, I also noted the following:

    “Pituc’s objection was coordinated by Illinois Green Party leaders, party spokesman Patrick Kelly said.”

    “‘We believe there are problems with the petitions and also that Mr. Mayers doesn’t represent Green Party values and isn’t a member of the party,’ Kelly said.”


  15. - train111 - Tuesday, Nov 10, 09 @ 3:16 pm:

    So, I dug through all 133 ballot challenges filed before the Elections Board and am left with a few questions.

    How come it is the poorer inner city districts that actually need good representation are the ones where this practice most often goes on? You see very few State Senate or Representative Districs outside of Cook County where this goes on. Are their ‘elected’ representatives so bankrupt or devoid of ideas and plans that they can not honestly debate a real opponent and therefore rely on this sort of nonsense to eliminate any potential rivals? Are their trivial political feuds so important that they exert time and energy into these frivolous challenges that could be better used serving their constituents?
    How can the Democratic Party which claims to represent the “poor and down-trodden” not only let this happen, but oftentimes endorse it?

    Just some questions I guess

    train111


  16. - Capfax reader - Tuesday, Nov 10, 09 @ 3:33 pm:

    train111 makes some good points. Most of these challenges are not filed for legitmate reasons such as invalid signatures, but to distract the candidate, force him or her to spend money on attorney’s fees, force the candidate to drop out, etc. It is bad for democracy that these types of tactics are allowed. I hope the law allows for attorneys fees and/or sanctions against those who file frivilous challenges. I bet money Miller’s challenge is frivilous.


  17. - nice kid - Tuesday, Nov 10, 09 @ 5:11 pm:

    I need to proofread my posts more…


  18. - krome - Tuesday, Nov 10, 09 @ 8:15 pm:

    train111 - could it be that those neighborhoods combine (a) proximity to Lake Michigan (way downstate has some poor areas and essentially no petition challenges) and )b) lots of potential candidates without the means to get good legal advice beforehand or the educational base among their supporters to understand the intracacies of the rules?

    Ballot access is not rocket science, but it is not obvious of all that simple either. A candidate without good legal advice and an army of dim campaign workers is likely to err in a way that is fatal.


  19. - Carl Nyberg - Wednesday, Nov 11, 09 @ 8:36 am:

    If one accepts the position that the General Assembly has no power to add requirements for candidates to appear on the ballot, the whole game of challenging candidacies goes away.

    I don’t see anything in the Constitution about signatures required, statements of economic interest or anything else.

    The requirement of the Illinois Constitution is that one has lived in the district for two years.

    Is the Mell camp asking for the ballot access requirement being reduced to:

    1. a letter from the candidate requesting to be on the ballot
    2. an affidavit that the candidate has lived in the district for the past two years

    If that’s the rules were gonna play by, let’s play by those rules.


Sorry, comments for this post are now closed.


ON THE BLOG TODAY...
* Reader comments closed for the weekend
* *** UPDATED x1 *** Afternoon campaign roundup
* More thoughts about Garrett's lite guv candidacy
* Question of the day
* Cohen claims his religion was a factor
* On the process
* K2 ban advances - And a Statehouse roundup
* Morning Shorts
* Sen. Susan Garrett a "top contender" for LG
** Yesterday's blog posts

Support The Capitol Fax Blog
Visit our advertisers...

Search This Blog...

Search the 96th General Assembly By Bill Number
(example: HB0001)

Search the 96th General Assembly By Keyword

Quick Links


Main Menu
Home
Illinois
YouTube
Pundit rankings
Obama
Subscriber Content
Durbin
Burris
Polls

Archives
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004

Blog*Spot Archives
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005

Syndication

RSS Feed 2.0
Comments RSS 2.0
WordPress
 

  
  » Review: MouseWait 1.5
  » Review: Hellemental for iPhone
  » Review: Motorola Cliq XT smartphone
  » OS 5.0.0.508 Coming To The Verizon BlackBerry Curve 8530 March 22nd
  » Microsoft pulls Bing app from non-U.S. App Stores

  » Build Your Own Camera Crane for Super Steady Video [Weekend Project]
  » Bind Paper Into a Booklet With Just Some Clever Folds and Cuts [Crafts]
  » Make a Beach Stereo Out of a Cooler [How-to]
  » Build a Vortex Cannon [Science]
  » Easily Add Clouds to Any Picture in Photoshop [Photoshop]

» Pitching coach not worried about stats
» Jenks held out of Saturday's action
» Andruw goes deep against Padres
» Guillen realizes son had to move on
» 'Twitter-Gate' over ... for now

 
     


  » Lt. governor hopefuls 'audition' for job - WLS..
  » Fix It!: Can you get them to stop calling me? - Ka....
  » Illinois budget reform: Smarter spending would pre....
  » Broken trust: Prepaid funeral loss leaves Dixon fa....
  » Editor's view: Citizens can insist on accountabili....
  » Small Businesses Could Benefit from Proposed Tax C....
  » Briefs: Valley View to get funds for library - Bat....
  » Pension fix starts in Illinois - Chicago Sun-Times..
  » In My View: Lobbyist fee really a tax on speech - ....
  » Thereof, or Lack Thereof - Archinect..


  » Ill. Democrats hold auditions for lt. governor
  » Brady re-elected Illinois GOP chairman
  » Country Club Hills Hillcrest wins 3A championship
  » Man shot dead in Chicago barber shop
  » Late Mass. monk's poems recall Khmer Rouge horrors
  » Sixty Thousand CTA Farecards Expiring
  » Two Men Shot Near South Side School
  » AMA backs President Obama's health care bill
  » Democrats close in on lieutenant guv choice
  » Aon buys JP Morgan retirement unit

  » Gov. Quinn lobbies Caterpillar execs to build plant in Illinois
  » AMA backs President Obama's health care bill
  » Charlie Trotter ends Vegas run with restaurant closing
  » Democrats close in on lieutenant guv choice
  » CME argues bankruptcy law allows keeping names of Lehman position buyers secret


  » Daley wants Census count to include Chicagoans away at school
  » Democrats pick 17 finalists for lieutenant governor
  » Police seek witnesses in fatal Batavia crash
  » Police issue letters to residents after Schaumburg shootings
  » CTA buses shuffle around 8K route
  » It's about to get even worse on the Ike
  » Woman, 22, killed in Lockport crash
  » First day of spring feeling more like winter
  » Nearly 60,000 CTA transit cards set to expire in April
  » India to question Chicagoan convicted of terrorism


  » Bill would define tire burning as renewable energy
  » Chicagoans head to Washington immigration march
  » DuPage water audit cites negligence
  » The harmonica everyone is talking about
  » Chicago officer injured during shooting response
  » Symposium discusses Obama administration priorities
  » Pat Brady elected to full term as Ill. GOP chairman
  » Brady elected to full term as Illinois Republican chairman
  » Daley won't discuss specifics of FBI interview
  » Sister: Boy, 6, killed by truck 'loved to have fun'


  » Immigrants To Rally in East Chicago
  » AMA Backs Health Care Bill, Says It's Not Perfect
  » Teachers Fearful, Angry Over Budget Cuts
  » Durbin Believes Health Care Bill Will Pass
  » Some Illinois Democrats Still Unsure on Health Care
  » Supreme Court Takes Up Asian Carp Debate Again
  » Illinois Budget Deficit Could Hurt Odds of Winning Federal Money
  » Illinois Behind in Spending Federal Housing Dollars
  » Chicagoan Pleads Guilty to Terror Attack that Killed 160
  » Obama Administration Still Want Thomson Prison


  » Democrats hold auditions for lieutenant governor
  » Pat Brady re-elected Illinois GOP chairman
  » East St. Louis day-care owners sentenced for fraud
  » Illinois senators back high-speed rail panel
  » Illinois company offers sober rides to customers
  » Police investigate death of 72-year-old woman
  » Trout fishing to begin in Lake County
  » Stroger Hospital sells 2,500 car seats in 1 year
  » Man found hiding in attic
  » Williamsville fire extinguished


  » NCAA Tourney: UNI ends season of top-seeded Kansas
  » SIUC sets spring graduation schedule
  » Presley takes aim at Outlaws again
  » SIUC, staff receive military support award
  » State cop who exonerated two to talk


» Traffic crash claims man in Batavia
» Rosemont officer's routine traffic stop ends in anything but
» Traffic tie-up near Des Plaines oasis
» Snow puts a chill on first day of spring
» Melissa Bean will vote in favor of health care reform proposal


  » Our President, in "Preacher Mode"
  » GOPUSA ILLINOIS Daily Clips - March 20, 2010
  » GOPUSA ILLINOIS Daily Clips - March 19, 2010
  » Cuts could hurt Race to the Top application
  » Nonprofit hospital not exempt from local tax

» Tea Party Protest at Illinois Rep. Bean's Off..
» Bean to support health care overhaul - Northw..
» Melissa Bean is a late convert - Politico
» Pro-Life Democrats Abandon Stupak But Pro-Abo..
» Stupak Situation - Daily Kos (blog)
» Quigley, Lipinski health care bill holdouts o..
» Pelosi nixes side votes as Stupak talks end w..
» Is she there yet? - Power Line (blog)
» Gutierrez pins 'yes' vote on immigration bill..
» No Stupak deal - msnbc.com

» The Dream Act: a path for dreams to come true.....
» Leahy Launches Bill to Multiply Farm to Schoo.....
» Crack and powder should not be black and whit.....
» Search Rep-Am.com: News The Web Classifieds J.....
» Deal said near for Guantanamo closure, trials.....

» Senators question flood mapping - Burlington .....
» Party on: A Smoot toot - Chicago Sun-Times...
» Srebrenica massacre: Retired US general's ant.....
» Obama Pal Alexi Giannoulias and his Hinky Bro.....
» 16 US senators to take on federal flood maps .....

    » More On The "Incumbent Alderman Protection Act"
    » Online Restaurant Column: 94 West goes far out
    » Construction Tales of Terror
    » Shimkus The Latest To Repeat "$2 Billion" Medicaid Claim
    » Video of John Lewis, Andre Carson, and Cummings
    » Wow.
    » Who Could Have Predicted…
    » It pays to have good news
    » IL House Approves Pension Reform For Lawmakers, Judges
    » It's Spring in Chicago!


Header Photos...
Wayne Bretl & UIS


Hosted by MCS