Interesting that the statute uses residence instead of the broader legal term domicile. I haven't read the opinion, nor have I done any research on the statute. Clearly domicile doesn't require actual residence. However, under most State's laws, you can be a resident even if you rent your home or, as the first President Bush did, list a hotel as your residence. Residence, albeit to a lesser degree than domicile, is usually a matter of intention, not physical presence.The Appellate Court distinguished the rules of residency for a candidate from the rules of residency for a voter in order to take Emanuel's name off the ballot. The dissent, of course, disagreed and pointed to IL SCT case law that said the opposite. There is an exception in the residency statute for persons who are absent from the state "on the business of the state or the United States." The Court conceded that Emanuel fit the exception, but concluded (IMHO thru convoluted reasoning), that the exception did not exist for a candidate (as opposed to a voter). BTW, the opinion is about 42 pages.
And as was pointed out, ambiguous statutes are usually interpreted to maximize voter choice in election law cases. Emanuel it seems to me could hardly be construed as a resident of any other State (or even the District of Columbia). His presence there seemed to clearly be temporary, as evidenced by his keeping ties to Chicago including his home. Originally Posted by TexTushHog
In any event, the IL SCT has issued a stay and granted cert. Stay tuned. You couldn't write this stuff.