(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
You know what would have made this a real article? Details. Like what was the residency requirement and how much did he miss it by? Is this article short because they had to make room for "5 Tips to Make Better Decisions About Food OPEN Forum"?
Great! The best and the brightest thrown out on a technicality. What if he had been serving his County is Iraq or Afghanistan as opposed to Washington DC? Would that make him eligible? It is obvious he was only in Washington to work. He never intended to stay there and declare residency. Now we are left with the scum at the bottom of the barrell. At least Rahm provided some hope. I hope there is some way he can turn this around. Chicago needs a man like him.
Ahhh!! What a shame!! I was hoping he would win so that he would stay out of Washington!
Maybe Chicago is not as corrupt as it's made out to be.....
So Mossad agents cant run for mayor in Chicago... good to know.
Amazing, a court in Illinois riules that Emanuel can't run. I wonder who was the clout behind this. Time for Obama to appoint some new justices, I guess.
wow thanks Illinois Appellate Court, lets open the doors for either Carol Mosely Braun or that other mindless slug Gery Chico. Definately not looking forward to living in a city with a mayor who cannot even manager her own finacial situation let along a city of millions. And lets not forget Mr Gery Chico who is suppose to know whats best for our city schools...tell me Mr Chico did you apologize to schools of Chicgo when you backed out of your position as School board Prez just so you can run for mayor? Yeah sounds like these two really have Chicago's best interest at heart. Lets make sure we all spell Mr. Emanuels name correctly for the write in bid.
lulz all around
I thought it was pretty obvious even to the legal layman that Emmanuel was not eligible to run. He was trying to use the caveat that serving in Washington was the same as serving in the military and therefore he was eligible, but it was obvious this was just a way to try and get around the system.
Maybe he should have done the court challenge before he left his high powered White House Chief of Staff job?
Now he's quit, and will end up out on his ear.
was he running as a member of the Smurf party (see picture), or what?
I am just curious. This guy was working for the Federal gov't giving priority the country than the city, plus he wasn't in DC for leisure So I personally think he deserve to run for Mayor. Service for country must overrun city.
Chicago politics at its finest.
Thank You, God! Thank You!
D'oh! This is lame that he was not allowed to run, considering that NY allowed an Arkansas resident -who resided in Washington, DC for eight years prior- run for US Senator.
I am surprised, though, that a Cook County court did not just make him the mayor without an election.
This guy is a weasel and he tried to Weasel his way into the Mayor's race. If He appeals i hope he loses.
Too bad Rahm....play by the rules and stop expecting exceptionalism.
Too bad no one appealed Dick Cheney declaring residency in Wyoming for 2000 and 2004.....tricky Dick was a resident of Houston with his Haliburton CEO position. But baby Bush was also from Texas and the Constitution doesn't allow the VP and Prez to be from the same state. Cheney didn't even qualify for an in-state fishing license at the time....
Poor Rahm... maybe he could get his old job back? Hmmm...now he's just another DEAD FISH!
In the words of Nelson (from the Simpsons), Ha Ha.
Every party, especially the Republicans, but even the Democrats occasionally, have their creeps.
Rahm Emanuel is a CREEP
Guess that stint in the WH wasn't worth it, after all.
Thank goodness our democracy works!
Thank goodness. That guy and his family are scum
Ouch! When did this go to an appellate court? I thought that this was already ruled on. Who has standing to bring this appeal?
Send the clown back to the circus in Washington.
Oh, well!!! Ha Ha Ha