The Illinois Appellate court has concluded that Rahm Emanuel should not be on the Chicago Mayoral Primary ballot. (Read the ruling here.)
Two of three judges made the decision that Emanuel did not meet the one year residency requirement.
The Chicago Tribune reports, " Emanuel, who rented out his North Side home, has responded he never abandoned his residence because he continued to own the home, paid property taxes on it and voted as a Chicago resident."
The court went into extensive discussion of the meaning of the word "Residence" to reach this conclusion, including this commentary :
..requirements that candidates "reside in" the area they would represent "can only be truly served by requiring such representatives to be and remain actual residents of the units which they represent, in contradistinction from constructive residents. A mere constructive resident has no better opportunities for knowing the wants and rightful demands of his constituents, than a non-resident, and is as much beyond the wholesome influence of direct contact with them..."It is expected that Emanuel will appeal to the Illinois Supreme court.
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