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. a p garcia

    I would say the courts made a wise decision.

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

    Where's ACORN when ya need "em?

    January 24, 2011 02:23 pm at 2:23 pm |
  3. Beagle

    Expect this decision to be overturned. What do you expect? It's Illinois, after all. Normal rules don't apply, especially to politicians.

    January 24, 2011 02:24 pm at 2:24 pm |
  4. Former GO

    They are trying to keep him from winning.

    January 24, 2011 02:25 pm at 2:25 pm |
  5. Pablo

    There is a God

    January 24, 2011 02:25 pm at 2:25 pm |
  6. Name. Joe

    The courts got Al Capone, so maybe Rahmbo should learn a lesson!!

    January 24, 2011 02:25 pm at 2:25 pm |
  7. Dave

    Seems residency requirements are less and less important these days. I'm sure Rahm Emanuel will "politically encourage" a judge to throw this out.

    January 24, 2011 02:26 pm at 2:26 pm |
  8. Brian

    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.

    January 24, 2011 02:27 pm at 2:27 pm |
  9. brad

    C'mon, I don't even like the guy, but this is garbage. This is obvious hair splitting to keep him off the ballot.

    January 24, 2011 02:27 pm at 2:27 pm |
  10. Slang

    Never let a good crisis go to waste. 😉

    January 24, 2011 02:28 pm at 2:28 pm |
  11. Hal Edwards

    No problem here! We all know how attached the Democrats are to the rule of law.

    January 24, 2011 02:28 pm at 2:28 pm |
  12. Canadian

    This tax evading loser will prevail because he is part of the thuggery that rules you country now. Sad!

    January 24, 2011 02:28 pm at 2:28 pm |
  13. Matt

    He loves Chicago and court should not block him.

    January 24, 2011 02:29 pm at 2:29 pm |
  14. Mark from Minnetonka, MN

    This is to funny, LMAO

    January 24, 2011 02:29 pm at 2:29 pm |
  15. Bob Tepper

    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.

    January 24, 2011 02:30 pm at 2:30 pm |
  16. mark@mntaxwaste.com

    I would say working for Obama is not such a great idea

    January 24, 2011 02:30 pm at 2:30 pm |
  17. The Captain

    I hear this guy has lived in St Louis more than Chicago. Where's the birth certificate?!?

    January 24, 2011 02:31 pm at 2:31 pm |
  18. Al Ga

    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.

    January 24, 2011 02:31 pm at 2:31 pm |
  19. rge

    I am so happy at the courts ruling the pee is running over the top of my boots

    January 24, 2011 02:32 pm at 2:32 pm |
  20. Chessnutz of Liverpool NY

    LOL it is even getting harder to cheat the voters even in Chicago....

    January 24, 2011 02:33 pm at 2:33 pm |
  21. Michael B

    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.

    January 24, 2011 02:33 pm at 2:33 pm |
  22. tony

    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.

    January 24, 2011 02:33 pm at 2:33 pm |

    Will Rahmbo send the judges some dead fish? We have some precedence here ...

    January 24, 2011 02:34 pm at 2:34 pm |
  24. hucares

    rahm MAKES laws to fit his and his tribal needs. he'll fix this one in no time.

    January 24, 2011 02:34 pm at 2:34 pm |

    Carol Mosley Brown is polling #2?? Wow, Chicago, thems some choices...

    January 24, 2011 02:35 pm at 2:35 pm |
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