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Lonna Saunders

Lonna Saunders

Posted: December 15, 2010 11:44 AM

The legal issue involved when it comes to Rahm Emanuel's residency row, is his domicile. Don't take my word for it though.

Here is the Wikipedia take: "In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave permanently."

Rahm Emanuel has maintained sufficient links with Chicago and the state of Illinois even after leaving and has never displayed an intention to leave permanently.

During his residency hearing this week, news reports show that Emanuel testified under oath that while temporarily working in Washington, DC doing the president's bidding, he still voted by absentee ballot in Illinois as an Illinois resident. This means he did not cancel his Illinois voter's registration, nor did he register to vote in Washington, DC or Maryland or Virginia. Additionally, he continued to file tax returns as an Illinois resident and to pay property taxes here. That constitutes sufficient links.

Yes, Emanuel and his family chose to rent out their house in their absence. But they never sought to sell it. That shows an intent to return. An intent to keep Chicago and Illinois as his domicile. He could have put his house up for sale if he had no desire to return.

So, why did he rent out his house? Because you cannot insure a vacant house. Call up any insurance company. He had to have the house occupied in order to carry a homeowner's insurance policy on it. Insurance companies will not issue a homeowner's policy on a vacant house. Okay, he could have let someone live there for free. But why should he? Instead, he has a tenant who reportedly did not tell him the truth about a previous landlord's reference. This may give Emanuel grounds for not honoring his lease with that tenant, evicting him, and then moving his family back into their own house.

Anyone who has ever talked to Emanuel knows that he has always considered Chicago to be his home and always intended to return to Chicago. Heck, last spring he gave an interview that created quite a stir at the time to PBS's Charlie Rose in which he talked about returning to Chicago and his desire to run for mayor. How much more intent do you need to show?

Let's not forget that this is not the first president that Emanuel has worked for. When I interviewed him for Chicago Life magazine at the White House when he worked for President Bill Clinton in 1998, he told me then that Chicago would always be his home and that he intended to return to Chicago, and he did return to Chicago a few months after that interview. He left the Clinton administration to return to Chicago to work as an investment banker, and then later he ran for Congress.

Let's stop the politically motivated residency hearing charade and get on with the mayoral campaign. This is a waste of time and taxpayer money, and frankly is a frivolous challenge. The public wants to hear about the issues Chicago faces and solutions. There is a finite amount of time here better spent in other ways. Let's set up some televised debates and quit the residency wrangling.

 
The legal issue involved when it comes to Rahm Emanuel's residency row, is his domicile. Don't take my word for it though. Here is the Wikipedia take: "In law, domicile is the status or attributio...
The legal issue involved when it comes to Rahm Emanuel's residency row, is his domicile. Don't take my word for it though. Here is the Wikipedia take: "In law, domicile is the status or attributio...
 
 
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Tee McDonald
02:23 PM on 01/24/2011
Well wikipedia is all very well and good but I suspect there are some eligibility requirements specified by the state and city. It seems the key phrase pertains to the mayoral candidate actually "living in the city for a year" prior to becoming an eligible candidate. Chicago has gone through these battles before with job applicants who live in the suburbs vs the city. If that condition is not pertinent, then it should be taken out of the eligibility requirements, which might also serve to widen the pool of eligible candidates.

Chicago politics being as they are, I wasn't surprised when Rahm was deemed eligible even though it appeared his argument was stretching his case. Everyone from Chicago knows how the city works--laws are bent for the favorites. That he was challenged is a product of a healthy democratic process that allows dispute. Just because Rahm wanted this doesn't mean everyone else does.
02:16 PM on 01/24/2011
I agree with you Lonna, but this isn't a simple argument over the law barring Emanuel from the election. This is about Chicago's Infamous Reputation of corruption. Since the days Richard M. Daley was Mayor in the 1960, helping to secure John F. Kennedy's as President, to the end of his son's career, Richard J. Daley's illegal deal of privatizing parking meters in the city, the Chicago Machine is far from dead. Not to mention other disgusting corruption that goes unchecked; Tood Stroger's rise to power through breaking nepotism laws, and Blagojevich's gross miss spending of tax payer money. Why don't we just make Rahm Emanuel the mayor already? Seems the Machine will ensure his victory anyway. Why should I even bother to vote on February 22nd for Mayor? You are correct, the law is going to protect him. What this temporary derailment is an out cry for justice and a fair election! Would anyone want there mayoral race infiltrated by a Extremely Wealthy Former House Representative, with a do nothing record, that has been hanging out with people at the highest levels of corruption in D.C. to come back and tell you he know's what plagues our City? We want local candidates with an average joe budget to campaign! We want candidates that have been working already to make our city a better place! I say, "Keep the wolf at bay to protect our flock!"
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Michael Dayne
12:41 PM on 12/27/2010
One could tell by Emanuel's body language at the hearing that he had nothing to fear and that his anointment as Chicago's next Pope is a done deal. Nobody with the intellect and vision to solve the problems of Chicago (schools, transportation, gangs, etc.) would be foolish enough to go into politics in the first place.
07:49 PM on 12/22/2010
just looking thru the first several google hits, I found that Lonna is right and BoulderGuyTC is wrong. The insurance for an unoccupied home is a challenge and can be very costly. http://forum.doityourself.com/archive/index.php/t-202100.html

http://www.insuranceagents.com/unoccupied2.html

http://www.1888pressrelease.com/empty-homes-might-need-unoccupied-homeowners-insurance-pr-133552.html
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Lonna Saunders
02:45 PM on 12/24/2010
The decisions that have now upheld Rahm's right to run for Chicago mayor, do not just affect him. Any Chicagoan who wishes to serve in Washington in either an elected or appointed position and then to return to Chicago to run for a local office, is affected as well. This is a win for everyone regardless of political affiliation. To have decided otherwise, would have led to great confusion and electoral chaos.
12:37 PM on 12/19/2010
A detailed "friend of the court" filing has been submitted on the residency contest - signed by the most amazing list of lawyers, judges, former judges, attorneys general I have ever encountered on an issue like this (or any other). The filing exposes the fraud Odelson has tried to perpetrate on the Board of Elections. Read it here: http://www.chicagoforrahm.com/issues/Amicus-brief-with-Chicago-Board-of-Election-Commissioners-in-re-Rahm-Emanuel-residency-case.pdf
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Lonna Saunders
01:27 PM on 12/19/2010
According to the Asssociated Press (AP), on Saturday 48 former judges, law professors and legal experts filed an amicus brief "saying that Rahm Emanuel has the legal right to run for mayor of Chicago" Why am not surprised? Because despite all the drama, legally speaking, this is not a tough call.
04:51 AM on 12/18/2010
I remember being Field Coordinator for a Chicago Affordable Housing and Community Jobs Campaign and won legislation that put over $500 million new dollars in "affordable" housing in Chicago, ONLY to find out that many of the poor groups that supported this efforts could not afford to live in the areas where the "affordable" housing dollars were just won, and WHY? -- BECAUSE we never defined what "affordable" meant. In the Rahm Emanuel case, the law does not "define" residency to the point of "intentions" versus where you can actually lay your head when you come to Chicago and Rahm was indeed content on maintaining his Chicago residency, but unlike President Obama, whenever he came home to Chicago to visit, he could go and lay his head down at the residence that he voted from and Rahm could not.
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Lonna Saunders
01:34 PM on 12/19/2010
Insurance companies will not insure a vacant home....if it is vacant for more than 30 days, you can't get a homeowner's policy. It has to be occupied. So, if you give the insurance companies what they want...an occupied home...you forfeit your residential status (your domicile)? I don't think so.
08:54 PM on 12/19/2010
Lonna and all -- I have a friend who got a job at The White House and relocated to DC to do his job, however, he and his wife paid the extra expense to keep their Chicago home even while living and working in DC, and they came home on weekends periodically to keep their Chicago residence, and his salary and income is nowhere near that of Rahms who could have dome the same and kept his Chicago home totally his.
11:50 PM on 12/21/2010
You can insure a empty home. I have one and it is insured, and it is not illegal to do so.
I have no idea where you got that silly idea.
04:54 PM on 12/20/2010
Of all of the jobs in the White House, Chief of Staff is probably the most 24/7 of them all. Mr. Emanuel's job was to be at the beck and call of the President; he would not have been able to satisfy that requirement if he had been flying back to Chicago every-other-weekend to see his family. Even if you are on the fence on this one, which I am not, isn't it better that the commission find in Mr. Emanuel's favor and give the electorate a broader choice?
09:06 AM on 12/17/2010
Can anyone shed any light on Burt Odelson's real motivations for trying to keep Emanuel off the ballot, thus limiting our choices for mayor. I've read that he is friends with Gery Chico who is also running for mayor. Is that true?
11:05 PM on 12/15/2010
Lonna Saunders is a very astute , highly intellectual and well prepared attorney . She loves to find the finesses in controversial issues and use them skillfully to prove her point of view . Rahm is very fortunate to have Miss Lonna Saunders on his side
10:49 PM on 12/15/2010
Don't these Rahm naysayers have anything better to do with their time? Maybe they could teach someone to read, or pick up some litter off the street.... The residency hearing has become a circus!
02:27 PM on 01/24/2011
Obviously you...

1.) Don't live in Chicago
2.) Are not enlightened by Chicago History (Especially the Political History)
3.) Not reading yourself

No offense, but until then, don't comment on issues you have not studied.
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LeftRight
TANSTAAFL
10:09 PM on 12/15/2010
I've been disturbed by all the "concerns" about him... Personally I have no direct stake in the game since, although I work in Chicago, I live in the burbs. As such I haven't really followed his political stance for the city, but laughed at the complaints...
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edisnuts
05:30 PM on 12/15/2010
"Lets stop the politically motivated ......." What ?...This is Chicago,,,, everything here is politically motivated , and hopefully you have been there when the fire fighters , police officers and teachers were fired for less,,,,,,,and using Wikipedia for the legal definition of residency in Chicago ?
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Lonna Saunders
07:40 PM on 12/15/2010
Would you rather I used "Black's Law Dictionary"? I am writing for a general audience, not for other lawyers. The Wikipedia entry is correct. Why wouldn't I use it, especially when it is an online source, and I am posting online.
04:41 PM on 12/16/2010
Dude, wikipedia has the same margin of error rating as the Encyclopedia Brittanica. Any encyclopedia is going to have errors. But in this case, Saunders is correct about the definition.
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03:45 PM on 12/15/2010
Wow a voice of reason on the HuffPo. Good for you for thinking for yourself and not following the knee jerk hatred and caricature of anyone who disagrees with them meme.