(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 would say the courts made a wise decision.
Where's ACORN when ya need "em?
Expect this decision to be overturned. What do you expect? It's Illinois, after all. Normal rules don't apply, especially to politicians.
They are trying to keep him from winning.
There is a God
The courts got Al Capone, so maybe Rahmbo should learn a lesson!!
Seems residency requirements are less and less important these days. I'm sure Rahm Emanuel will "politically encourage" a judge to throw this out.
So let me get this straight. If a soldier who was born and raise din Chicago went to Afghanisstan to serve his or her country, and did not actually live in Chicago for 12 months, they could not come back and run for office? This is absurd. Similarly, the only reason Emmanuel left was to serve the President.
I do wonder who this ruling serves. His opponents have already shown themselves to be incredibly bad sports.
C'mon, I don't even like the guy, but this is garbage. This is obvious hair splitting to keep him off the ballot.
Never let a good crisis go to waste. ;)
No problem here! We all know how attached the Democrats are to the rule of law.
This tax evading loser will prevail because he is part of the thuggery that rules you country now. Sad!
He loves Chicago and court should not block him.
This is to funny, LMAO
How can the Illinois Appellate court be so stupid. Rahm Emanuel worked for the President of the United States. Which gives him the right to be away from home While in the service of our country. Hopefully the Illinois Supreme Court will be more intelligent.
I would say working for Obama is not such a great idea
I hear this guy has lived in St Louis more than Chicago. Where's the birth certificate?!?
With due respect to the Illinois Appellate court, the decision to throw off the name of Rahm Emanuel from the City Mayoral ballot needs to be appealled to the higher courts. Residency should not be relegated to the definition that merely includes physical and actual domicile. The "intent to return" to his Domicile should also be weighed heavily specially in this special case wherein the concern has a presidential appointment very similar to a federal government employee where the nature of their job requires them to be in Washington DC most of the time.
I am so happy at the courts ruling the pee is running over the top of my boots
LOL it is even getting harder to cheat the voters even in Chicago....
Seems to make sense. You shouldn't run for office in an area which you don't live. Good rule to keep out carpet baggers.
Wow. Looks like the ruling elite doesn't feel that they need to obey the rules. I can just imagine the pressure that this judge will be experiencing – probably will get a dead fish in the mail.
Will Rahmbo send the judges some dead fish? We have some precedence here ...
rahm MAKES laws to fit his and his tribal needs. he'll fix this one in no time.
Carol Mosley Brown is polling #2?? Wow, Chicago, thems some choices...