(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 am totally gobsmacked !
The Chicago Mafia actually lost some momentum in ChicagoLand. Maybe, just maybe, this represents a turning point of all the massive corruption in Chicago Politics. The most corrupt and incompetent city government in the WORLD !
Next Step: KICK THE CHICAGO MAFIA OUT OF 1600 PENN AVE, D.C. AND PUT THEM ALL BEHIND BARS FOR LIFE !!!
They knew they couldn't beat him, so they turned to their usual dirty chicago politics. I guess he didn't pay off the right people
This is an exercise of raw Illinois politics. The vested interests in Chicago are deathly afraid of Rahm because he doesn't owe them anything and he has support from the voters greater than the other three candiadates combined. Take a look at the endorsements – the Police Union endorses Chico because he'll give them everything they want. The trouble with this ruling is that it means that any Illinois citizen who goes on active duty in the military is no longer a resident of his Illinois home. That is NOT the law.
HOORAY! See what happens when legal cases are moved outside of the Democratic Chicago Machine political arena? He has no experience as a leader, just a follower. I hope Chicagoans vote for Chico.
Good... I don't know why they would want him as mayor anyway.
no big deal--he can work for SEIU
boohoo, poor Dead Fish, wonder how long it'll take him to pay off the right people and get put back on the ballot
Obama will fix things for him. He can fix anything but our country's problems.
Okay... So by their standard and ruling this means that during the time I spent in Florida, Mississippi, California, and Japan while serving in the military I was not an Illinois resident? I cannot stand politics sometimes... okay most of the time. This shouldn't even be an issue except the others on the ballot are afraid to run against the man in a fair election.
one less crooked Democrat that won't get his chance to pillage and plunder what they haven't already destroyed in Chicago
No one... Obama 4 life
no big deal, he can always work with SEIU or ACORN
He has them in his back pocket already
Maybe old big ears with the dyed hair will hire him back
The requirements are established for a reason and for all candidates. If they will allow this rule to change, then the new rule must apply to all candidates who want to run not just one. And for any office that the rule once applied.
That's great! So how is it that a very straight-forward rule could be mis-understood by that 1 other judge or judges at the lower-level court? That's the REAL STORY. And what's the answer???
Wow and to think that this man was once Chief of Staff. How can you be so dumb as not to make certain that you meet the qualifications before quitting your day job. Simply insane.
What goes around, comes around. This is delicious. This is how Rahm's boss won most of his elections – by legal challenges that knocked his opponents off without an election. Karma is a bitch, Rahm!
The residencey rule must apply or be changed for any other candidate that cannot meet it if it is changed for Emanuel.
Now if we can just get that "Hawaiian" birth certificate released....
Never count your chickens before they hatch.
I guess you can only bend reality so far before it catches up with you.....even in Chicago.
Puleeze, does anyone doubt for one second that the fix isn't already in. This is just a temporary bump in the road. Emanuel WILL be appointed Mayor of Chicago by the corrupt Democratic Party machine.
The question for Chicago voters should be, 'who will steal the least amount?'. Next behind Rahm is Carol Moseley Braun. She has a long history of cronyism, but is not smart enough to steal a lot without getting caught. But 'a lot' is a relative term.
Rationality and the law temporarily prevail in Illinois, however short lived it will be.
His potty mouth alone would be enough for me not to vote for him.
Well, that and the fact that I don't live in Chicago.