Washington (CNN) – The Chicago Elections Board on Monday placed an order for the printing of two million ballots for next month's mayoral election without the name of former White House Chief of Staff Rahm Emanuel after an Illinois appeals court ruled his name could not be included because he failed to meet the residency requirement.
Emanuel's team filed papers Monday night with the Illinois Supreme court to request a stay that would allow the ballots to be printed with Emanuel's name on them, according to the court.
A Democratic source aware of the developments says the Emanuel team will file a petition for a leave to appeal with the state Supreme Court on Tuesday, which precedes an official appeal. Wednesday they will 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.
After the Illinois appeals court's decision the board went ahead with its ballot order because officials say they need to start planning.
"We are at a point...we have to begin the process of preparing for the election," Election Board Chairman Langdon Neal told reporters on a conference call. "Our time is getting smaller and smaller."
Board officials say they have never waited this long before an election to place a ballot order.
The election is scheduled for Feb. 22nd.
Besides Emanuel there are three other major candidates running for the position. Emaneul had been the clear frontrunner.
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.
Voters on election day have a choice of using either paper or electronic ballots.
For early voting, which begins Monday, people can only use touch screen machines which can be quickly adapted if there is a another change.
Military and overseas blank ballots were already emailed out accompanied by a list of candidates. That will be followed up with the mailing of ballots.
The printing company Monday is making the plates, and the actual printing is expected to start on Tuesday.
If the appellate court decision is overturned by the state Supreme Court "we will have an election and do what we need to do to comply," Neal said.
Election officials estimate it costs hundreds of thousands of dollars for the ballot printing.
CNN's Jessica Yellin contributed to this report.