(CNN) - Chicago mayoral candidate Rahm Emanuel's team filed papers Monday night with the Illinois Supreme court to request a stay to allow ballots to be printed with Emanuel's name on them, according to the court.
A Democratic source aware of the developments says the Emanuel campaign will file a petition with the state Supreme court on Tuesday asking for a leave which would then allow time to appeal. Wednesday the team would file the actual appeal and brief, which may be followed by a response from the Chicago Board of Elections on Friday.
Early voting is scheduled to begin on Monday, January 31, but according to the source, the state supreme court can delay early voting.
The Chicago Board of Elections on Monday placed an order for the printing of two million ballots without Rahm Emanuel's name on them.
During a press conference following the Illinois appeals court decision, Emanuel emphasized his conviction to stay in the Chicago mayoral race.
"I have no doubt we will in the end prevail in this effort," Emanuel said. "As my father used to say, nothing is ever easy in life, this is just one turn in the road."
Emanuel was thrown off the ballot Monday by an Illinois appellate court panel, according to the Cook County Appellate Court's office.
The panel ruled 2-1 that Emanuel did not meet the residency standard to run for the city's top office.
"A candidate must meet not only the Election Code's voter residency standard, but also must have actually resided within the municipality for one year prior to the election, a qualification that the candidate unquestionably does not satisfy," the court stated in the decision.
Emanuel was considered the front runner to replace outgoing Chicago Mayor Richard Daley in the February 22nd election.
In December, the Chicago Board of Elections determined he was a resident, but that decision was appealed. Emanuel served as President Barack Obama's chief of staff, a position he left last year to return to Chicago.
Emanuel is expected to appeal the decision to the Illinois Supreme Court, and a federal appeal could follow.
According to a recent Chicago Tribune/WGN survey, 44 percent of the city's voters backed Emanuel, 21 percent backed former Sen. Carol Moseley Braun and 16 percent backed former Chicago Board of Education president Gery Chico. City Clerk Miguel del Valle received seven percent and nine percent remained undecided.
The source close to the Emanuel campaign told CNN his legal team anticipated there was a chance the court would rule against them and they have an emergency appeal already written.
Moseley Braun is expected to make a statement at 3:30 p.m. ET Monday.
– CNN National Political Correspondent Jessica Yellin contributed to this report
I'm glade with the ruling, he is not lived in the city & should not be runing for mayor.
How ridiculous. Of course he's a Chicago resident. Is this the court's way of punishing him for serving in the Obama Administration? If a soldier goes off to war in Afghanistan, is he no longer considered a United States resident? This is the same thing – Emanuel temporarily rented his home while he was serving the President. If he'd sold the home, maybe a case could be made that he'd given up residency, but renting it surely proves his intent to return.
It's very sad news. Mr. Emanuel is look like only a candidate who can put his foot in Mr. daily's shoes to serve this highest position of Great City of Chicago. He can bring funds to run this city's demand, improve school systems and infra structures, and provide security to city's street and controll gungs.
This is pretty straightforward. Either he lived there for a year previously, or he didn't.
Sorry, Rahm, even you have to play by the rules. By appealing, they're basically saying, "we're looking for a corrupt legal body that will give us what we want, even if we have to take this all the way to the Supreme Corrupt Legal Body."
I think that is not right if the people want to vote for him then the people should decide. He is the best person out there to me