All 7 Justices Agreed that Rahm Emanuel is qualified to run for mayor based upon his residency status.Last Paragraph of the Supreme Court Decision in which 5 of the Justices Concur.
"So there will be no mistake, let us be entirely clear. This court's decision is based on the following and only on the following: (1) what it meants to be a resident for the election purposes was clearly established long ago, and Illinois law has been consistent on the matter since at least the 19th Century; (2) the novel standard adopted by the appellate court majority is without any foundation in Illinois law; (3) the Board's factual findings were not against the manifest weight of the evidence; and (4) the Board's decision was not clearly erroneous."
THIS IS THE LAST GRAPH OF THE DECISION AS CONCURRED TO BY JUSTICES BURKE AND FREEMAN
"Because of the breadth of today's decision, we do not join the majority's holding that residency is the equivalent of the domicile and that intent, therefore determines residency, even in the absence of any physical presence. Rater, we would answer the narrow question that was actually raised by the objectors in this case: Does a person lose his permanent abode if the abode is rented during the relevant residency period? To that question we answer "no" For that reason alone, we join the the judgement of the majority .
Appellate Court REVERSED
Circuit Court AFIRMED
1 comment:
Now the election on the 22nd will be even more interesting! The Chicago news was on fire talking about the Supremes quick response.
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