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Illinois Residency Requirements Allow Elected Officials to Continue to Hold Public Office In Illinois, Even After Moving to Another State

Election Law Society · April 11, 2016 ·

By Patrick Sebastian

As a result of the residence requirements for public office in Illinois, it seems to be the case that a person could hold elected office in Illinois while living in another state. According to the Chicago Tribune, this came as a surprise to parents of Illinois’ Crete-Monee school district when concerned resident, Tammy Burnham, began asking questions about one of the school board members, Edward J. Anderson, Jr., and found out that his absence at recent school board meetings was due to the fact that he lived in Jacksonville, Florida. Records indicated that Anderson had filed for incorporation, listing himself as the corporation’s registered agent and listing his address as a Jacksonville apartment. Further, his house in Crete has been in foreclosure for months, and Burnham claims Anderson’s neighbors told her that Anderson indicated he did not plan to return. It appears based on the facts that Anderson has moved to Florida—but he remains on the school board in Crete, and he cannot be removed for having left.

[Read more…] about Illinois Residency Requirements Allow Elected Officials to Continue to Hold Public Office In Illinois, Even After Moving to Another State

Rahm’s Residency: Not a Problem?

Election Law Society · October 4, 2010 ·

According to several news articles, White House Chief of Staff Rahm Emanuel is moving back to Chicago to run for mayor.  Several news organizations and election lawyers question whether he qualifies as a resident of Chicago.  Rahm Emanuel is registered to vote in Chicago where his car is registered but leased his house to another family.  To run for mayor in Chicago, you must maintain a city residence for one year.

It is striking how similar the facts surrounding Rahm Emanuel’s residency in Chicago are to the seminal, Virginia case on voter residency: Sachs v Horan.  Daniel Sachs was registered to vote and owned a home in Fairfax County.  Sachs had a minimum, one year employment contract outside of Fairfax so he rented a house in Washington County and leased his house in Fairfax to another person.  All the while, Sachs paid property taxes to, registered his vehicle in, and had a driver’s license from Fairfax County.  He was seeking employment closer to home and hoped to return to his house in Fairfax.  In reviewing his residency for voter registration, the Supreme Court of Virginia held that Sachs did not “live in that locality with the intent to remain there for an unlimited time” nor did he have the requisite “place of abode” to establish residency for voter registration.

[Read more…] about Rahm’s Residency: Not a Problem?

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