Emanuel files papers for a stay
January 24th, 2011
01:11 PM ET
12 years ago

Emanuel files papers for a stay

(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

Filed under: Chicago mayoral race • Rahm Emanuel
soundoff (205 Responses)
  1. Jack

    So then, according to the court's logic, all our Senators and Representatives are not residents of the states they represent because of the time they spend in DC? Is this also true of all those in the military? None of these can run for mayor? Idon't see where working for one of the three branches of gov't on a temporary basis means you are no longer a resident of your home town because you haven't lived in a house during that time. Ridiculous. Emmanuel volunteered to serve his country and lost his hometown citizenship. It's not like he was out prospecting for gold and trying to make it rich.

    January 24, 2011 01:55 pm at 1:55 pm |
  2. Rsprings

    We had a case here in California where a city councilman had a house in the city he represented but actually lived in another. In his case he faces fraud charges. Emmanul was trying to pull off a fraud as well.

    January 24, 2011 01:55 pm at 1:55 pm |
  3. good riddance

    Thank goodness. That guy and his family are scum and would have been bad for chicago

    January 24, 2011 01:55 pm at 1:55 pm |
  4. FauxNews

    He should have taken lessons from Hillary on how to fake residency.

    January 24, 2011 01:56 pm at 1:56 pm |
  5. Jodey

    Rahm was out of town SERVING OUR NATION while these other (lame) candidates hung out in Chicago spinning their wheels. Ridiculous! Now Chicago will get a second-rate mayor. Idiot appellate court!!!

    January 24, 2011 01:56 pm at 1:56 pm |
  6. Careful Thought

    What an interesting parallel to the Obama Birth location debate.

    January 24, 2011 01:56 pm at 1:56 pm |
  7. bob

    Gr8 this guy is a moor

    January 24, 2011 01:57 pm at 1:57 pm |
  8. TamarS

    wow – Chicago pulls another one off! Good for you Mr. Emanuel fight them right back. Someone is obviously afraid of your ability to run the city very well!

    January 24, 2011 01:57 pm at 1:57 pm |
  9. tselone

    I am sure once the Illinois Supreme Court makes a decision, Chicago will select Rahm as Major, that's how our politics works in Illinois and that's the way "The Machine" runs in Chicago politics...

    January 24, 2011 01:57 pm at 1:57 pm |
  10. stinky mcgee

    Did they check his birth certificate?

    January 24, 2011 01:57 pm at 1:57 pm |
  11. Mountaineer

    While I am not a Rahm Emanual fan, it's strange that people running for Congress are allowed to claim residences that we know they don't reside. Had to be a Republican lead Appellate Court!

    January 24, 2011 01:58 pm at 1:58 pm |
  12. Tom in Delaware

    Hahahaha.....poor Rahm.....Chicago-style politics backfires on him!

    January 24, 2011 01:59 pm at 1:59 pm |
  13. maddawg

    HUGE LMAOs @ this wannaBe political importante'

    it's "gimme, gimme, gimme, but i dont really have to follow the rules to get it....i'll appeal to see if i can get around the rules that way!!! gimme, gimme, gimme....."

    January 24, 2011 02:00 pm at 2:00 pm |
  14. runswithbeer

    5 bucks says the two judges who voted to overturn were Republicans. Guy has a home in Chicago, takes a job out of state, keeps the house in chicago, It's up to the VOTERS to decide. Using the Judges LOGIC Dick Cheney should have been tossed out of the VP office as he VOTED in Texas the same YEAR Bush did in Texas right before the 2000 election.

    January 24, 2011 02:00 pm at 2:00 pm |
  15. Dan

    The law is clear. The things people will do to be in power. Wow.

    January 24, 2011 02:02 pm at 2:02 pm |
  16. iPwn

    Hahahaha! I can't stop. Hahahaha!

    January 24, 2011 02:03 pm at 2:03 pm |
  17. mike

    I bet Ram's going to twist some arms, break out some dead fish, and confront people naked in their shower until they put him back on the ballot. This is Chicago. Right and wrong don't matter. Legal and illegal don't matter. It's just who you know and who you can threaten.

    January 24, 2011 02:03 pm at 2:03 pm |
  18. NameGregor

    Creepy guy got what he deserved!

    January 24, 2011 02:03 pm at 2:03 pm |
  19. Sniffit

    Interesting decision...nice to see the actual language of the applicable regs and, even though they court sided with the other interpretation, it highlights that Emmanuel wasn't making some crazy argument. We'll see what their supreme court says I supopse. It's obviously not a big deal either way it goes though: the guy will either be mayor of Chicago this time around or next. It's obviously a forgone conclusion based on the polling.

    January 24, 2011 02:03 pm at 2:03 pm |
  20. Kevin McEnaney

    You got to love Chicago politics!

    January 24, 2011 02:04 pm at 2:04 pm |
  21. tony

    They knew they couldn't beat him so they had turn to their custunary chicago politics.

    January 24, 2011 02:06 pm at 2:06 pm |
  22. terbrearo

    Finally, some good news coming out of Chicago!

    January 24, 2011 02:06 pm at 2:06 pm |
  23. Oy Vey Az

    At least Emanuel is easier to spell than Murkowski ... Let the write in begin !

    January 24, 2011 02:06 pm at 2:06 pm |
  24. Lance Manly

    Imagine that; Democrats are told to follow the law.

    Oh... I am sure the Democrats won't let a little thing like law or Constitution stand in their way.

    January 24, 2011 02:07 pm at 2:07 pm |
  25. NoBama

    Acorn to the rescue! I have no doubt in my mind he will be on the ballot. Chicago politics are as shady as any. Rahm is as shady as any.

    January 24, 2011 02:07 pm at 2:07 pm |
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