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Their filing states:
"Illinois has proudly provided the federal government with some of the most talented public servants in our nation's history. (They) include two presidents (Obama and Lincoln), who under the Appellate Court's decision could not return to Illinois following their presidencies and continue their public service as elected officials."
In fact, Illinois residency law dates from 1818, the same year it became a state, affirming candidate eligibility only for qualified voters who've "resided in the municipality at least one year preceding the election or appointment."
Previously, however, aspirants who moved away could demonstrate an intention to return by leaving their voter registration and driver's license unchanged as Emanuel did. Moreover, legal experts said courts never dismiss candidates' intentions out of hand.
According to Chicago attorney Michael Dorf, an election law expert:
"We've all been working under this absolute presumption based on cases of the last 50 years that intent was really the key. But the appellate court got rid of intent totally."
Ohio State University Law Professor Edward Foley, head of the school's election law program, called the decision striking, saying:
"There is a general theme in election law that when in doubt, you err on the side of democracy. If there is any doubt about the understanding of the statute, you interpret it so that you let the voters decide."
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