(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 hope he can get the ruling overturned . because this will be a great loss to Chicago
this is part of what is so wrong in our country . technical crap . if a person wants to be mayor or any other position . he or she should have every right to aply . all you should need is a document of citizenship. thats it . so tell the 3 judge panel go away . and the state suprem court should over turn the issue it is stupid
people such as rahm are so power hungry that the hunger occludes all common sense about rules/requirements. I believe they think rules/requirements don't apply to them, only to their opponents and the lower class. The sense of entitlement these guys have today is mind-blowing.
He doesn't qualify as a resident but it would seem Biden is same predicament yet he can be called for jury duty in Delaware. Are they residents or not ?? Only when convenient for jurisdiction.
Chicago is in big trouble if Emanuel can not run; no other viable candidate that could actually do the job.
That's crap. He's the only competent candidate on the ballot!
they have to let him on the ballot...wouldn't be a Chicago election without at least one crook on the ballot!
Glad to see that the judiciary is protecting the people of Chicago from themselves. They were about to elect another thug as mayor of their city.
Haha., that's called karma.
Rahm leaving for Federal Service should be treated no different that a Military Serviceman going to an assignment. It is temporary and their last address is what should be considered home.
This is going to have chilling effects at the federal level. Nobody will want to hold Federal office now that they have to give up all rights to express their opinion and run in local races after their service with the Federal Gov is over. This is essentially punishing individuals for working for the USA. Federal salaries need to be immediately increased to cover all residents who work in Wash and have to rent out their homes back at their home districts. This will mean lots more telecommuting for Fed offices, and will probably lead to a housing failure in the MD and VA vacinities.
He shoulda stayed in Washington, he really isn't a resident.
Let the PEOPLE decide
OMG...the master of deception has gotten his butt kicked...ik..ik..ik....Justice has triumphed and it is a double win. We get rid of this foul mouthed, arrogant, elitist from the White House and now he can no longer govern a major city
should have stuck with your old job before quitting! lol
The decision of the appellate court was not well thought out. They should keep in mind that military personnel from the Chicago area dont lose their residence when they are called to duty to serve their country. This decision shows contradiction in the truest sense. It also is disrespectful to the office of the presidency when asking people to serve the country in the administration.
This is a transparent attempt by his opponents to overrule the will of Chicago's citizens.
You'd think he would've been sure about his eligibility before quitting his previous job. Hey Chicago, is this the kind of guy you want running your city?
Hmmm it is Chicago .
Why do we even have a court system anymore if everything ends up being appealed the supreme court anyway?
I think it's wrong to block his run for mayor. If he were serving in Afghanistan and not the White House, would he also be ineligible? It seems like a double standard. His appointment as Chief of Staff was not a lifetime appointment and from what I've read, he had every intention of returning to Chicago. The one year residency rule seems arbitrary when you look at where he has resided in the past.
Dumb laws need to be ignored. Bless our new king and may he forever confound the Repubs
Not that I am a Rahm fan, but by the same measure he (or any Rep or Senator) wouldn't even be eligible to run for his own former House seat, which is absurd. Reps and Senators do not "reside" in the area they represent when they are elected officials... yet they are able to run for reelection after spending the majority of their time in DC... doesn't make any sense. For me, I'd definitely want Rahm over Carol Mosely Braun or all the other hacks in the running.
Rahm belongs in DC. He has no business in Chicago and if was going to run for mayor he should have stayed in Chicago. Rahm should be in DC crushing conservatives and keeping stray Dems in line with the agenda. It is a job he was well suited for.
Sounds to me like the "politics" are swaying in another direction and want to see him ousted.
V for Victory!!!!!! You are the Resistance!!!!!!Occupation of America!!!!!