(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
That should do a number on his super ego, lovin it
Ah, America's least favorite slimy politician can't run for mayor.... And you ditched your boy Barack to further your career & not thinking or having any compassion for those AMERICANS who made you- Why don't you go to your true homeland ISRAEL & run for political office aye? Oh wait, you ticked them off as well.... Tis it's going to be a good day with that news...
wow, ridiculous. so – anyone who does public service in Washington is ineligible to run for office in their home state? that's positively absurd.
In a related story, the Bears are not eligable to play in the Superbowl.
Sounds like a bunch of BS to me. Everyone knows Rahm is a Chicago native.
Ha,ha...........Lets hope he stays in Chicago.
Now go away quickly
Ya, duh but don't worry he'll get the mafia to put some horse heads in some judges beds, no problem.
Great, throw the only one anyone actually wants for mayor off the ballot.
My question is will any of the people involved mysteriously commit "suicide"... you know suicide by multiple gunshot wounds to the back of the skull....
Rahm, take this as a message from above and please return to your position with President Obama. You are a talented person DC is where this country needs you to be :)
I hope he doesn't find his way back into the White House
I am sure he will appeal.
I am surprised the court ruled this way. I thought in Ill. they were all on the liberals side. In Calif. Jerry Brown ran for AG but was not a member in good standing with the bar which is one of the qualifications but the court ruled lets see if he wins. he did and nothing was done. I am glad the courts got this one right.
I could invoke devine will but I won't......Looks like the "master" of the back room dealings for the administration can now go push a write in campaign.But hes not as popular as he thinks-in democratic circles or inside his own "tribe".
Uh Oh, someone is getting a dead fish delivery.....
Good! Now Chicago can have a mayor who works for the people and not for himself. Gery Chico for Mayor
Thats what he gets...he jumped ship on OBAMA for his own interest. I'm from Chicago and wasnt voting for him anyway.
If the Illinois Supreme Court votes by party affiliation, Emanuel would be allowed onto the Chicago mayoral ballot by a 4-3 vote.
That's the bad news1
Opps..........hopefully he will not get on the ballot. Enough garbage in Chicago as it is.
A rule is a rule. It is over for him.
The stupidity on which our politics are being decided upon is beyond comprehension.
Rahm, can you say "Do you want fries with that?"
this a dam shame that they cut emanuel he was probably the best chance chicago had to set the city up for success. he need to appeal imediately and get back into the race before it is too late, chigoans need a man like manuel.
Did Rham need a passport or Visa to leave Chicago, because it appears they are almost saying he gave up his citizen. Rham was born and raised in Illinois, went to college in Illinois so for a court to rule he is ineligible to run for mayor of Chicago because he went to serve in the Obama administration is like telling Rham he doesn't have a country. Rham should appeal and sue.