Emanuel files appeal with Illinois Supreme Court
January 25th, 2011
11:31 AM ET
11 years ago

Emanuel files appeal with Illinois Supreme Court

Updated: Illinois Supreme Court hands Emanuel initial victory

Washington (CNN) - Lawyers for Rahm Emanuel filed papers Tuesday with the Illinois Supreme Court seeking an appeal from a lower court ruling that held the former White House chief of staff is ineligible to appear on Chicago's mayoral ballot because of residency requirements.

In the 24-page brief, Emanuel's lawyers argue "the decision below squarely conflicts with other appellate rulings addressing candidate residency requirements" and contend the lower court "was unable to find a single appellate decision supporting its novel legal standard."

The move comes the day after a 2-1 ruling from a panel of Illinois Appellate Court justices ruled Emanuel did not meet state provisions mandating Chicago mayoral candidates have to live in the city for at least a year prior to the election. The ruling overturned a previous Chicago Board of Elections decision that found Emanuel had in fact met the requirements.

At issue in Monday's ruling is what the term "resided in" in the state provision means. Emanuel's lawyers argue that phrase should not be assigned the same meaning as "lived in." Instead, Emanuel's lawyers say, the fact that the former top Obama aide has maintained a residence in the city for the last two years is enough to satisfy the requirement.

Emanuel, a former congressman from Chicago, has long argued that his stint in Washington was only a temporary assignment and he still considered himself to be a resident of Chicago.

The election is February 22.

Filed under: Chicago mayoral race • Rahm Emanuel
soundoff (95 Responses)
  1. Whit

    Rahm Emanuel is a hyper partisan jerk who I would not vote for he is was the only one running but he should be on the ballot. He has lived there, owns a home there and represented them in Congress. He should be on the ballot regardless. Disqualifying people because of their idealogy is liberal thing so we don't need to go there. Put dead fish on the ballot and let candidates fight it out as is the American way.

    January 25, 2011 11:46 am at 11:46 am |
  2. Dennis

    This is too funny. If Rahm is so smart, how come he didn't see this coming?

    January 25, 2011 11:46 am at 11:46 am |
  3. T'sah from Virginia

    ["...the fact that the former top Obama aide has maintained a residence in the city for the last two years is enough to satisfy the requirement..."]

    Case Closed!!

    The analysis stated that SERVICE MEN – who leave their residence to "serve" our country DOES NOT mean they given up their residency. Same with Rahm – he left his home to SERVE our country and his residence was still in IL – PERIOD!!!

    The ruling will be reversed – Rahm will go on to WIN in IL!!

    January 25, 2011 11:53 am at 11:53 am |
  4. Tony

    Don't you all know that he is entitled to have this job, it's his and no one elses!!! Just wait and see he WILL become the next Mayor!

    January 25, 2011 11:57 am at 11:57 am |
  5. Bob Smith

    Contending that "resided in" does not mean "lived in" is really a stretch. Guess we will find out whether the Illnois Supreme Court can put aside any political bias and correcly decide the merits of this frivilous appeal.

    January 25, 2011 11:57 am at 11:57 am |

    Another slimy poltitician,keep him out!!!

    January 25, 2011 12:00 pm at 12:00 pm |
  7. LuvmyEG5

    In which state do his 2010 income taxes show him as being a resident? Go based on that.........
    (wasn't he COS for nearly two years?)

    January 25, 2011 12:00 pm at 12:00 pm |
  8. Sniffit

    "Tea Party and GOP on the same page?"

    Faulty premise: apparently, neither of them can read.

    "If the President is willing to do what I and my members would do anyway, we're not going to say no."
    -Mitch McConnell, admitting that the only thing that will produce "compromise" in Congress is for the POTUS to be a GOP puppet at all times and simply do as he's told like a good little...

    January 25, 2011 12:00 pm at 12:00 pm |
  9. John Henson

    Not gonna cut it. Either you're a RESIDENT, or you're not. Emmanuel had been a resident, but, at the time he lived in Washington, was not. Where you own property doesn't matter.

    January 25, 2011 12:00 pm at 12:00 pm |
  10. Anonymous

    Just follow the rules like everyone else.

    January 25, 2011 12:03 pm at 12:03 pm |
  11. David

    Clearly leaving the city in order to provide public service for your country should not disqualify an individual, his situation is similar to if a person was serving in the military – clearly should not be disqualified.

    January 25, 2011 12:03 pm at 12:03 pm |
  12. Dominican mama 4 Obama

    I love Emmanuel. I do. He is outspoken, he knows where a lot of the skeletons are not so deeply buried, he can get around the molasses that passes for bureacracy in D.C., BUT he was NOT a resident of Chicago. He lived in D.C.
    Am I missing something here, or is he just being obstinate?

    I was raised in NYC. I still "consider" myself a New Yorker, but that's a far cry from still residing there....legally.

    Run for mayor on the next go around Rahm; it seems to me you're making a spectacle of yourself.

    January 25, 2011 12:04 pm at 12:04 pm |
  13. Sniffit

    "While they have a similar agenda, one is more moderate and sensible, than the other."

    Rick, I respectfully disagree. Neither is "more moderate" than the other...that's just what they want you to think. The whole Teatard thing is kabuki theater designed to juxtapose the GOP with the Teatards in order to (a) make you think exactly what you said and (b) provide the GOP with the political cover for moving ever further towads the exrteme right.

    January 25, 2011 12:06 pm at 12:06 pm |
  14. HeyHey

    Is he too rich & powerful to follow the rules & laws of the land?

    January 25, 2011 12:06 pm at 12:06 pm |
  15. David

    And if he ends up winning and getting on the ballot, you'll know the fix is in. Chicago politics as usual. Bad enough the POTUS gets a Chicago scumbag as his new chief of staff.

    January 25, 2011 12:07 pm at 12:07 pm |
  16. larrywi

    Funny! The fool quit his job before he knew he even had a chance of being able to qualify for the position! Give you an idea as to how our Government is now run, I would call it "by the seat of the pants"! Given the state of corruption in Chicago politics, not a wonder that Emanual would want a piece of that pie!

    January 25, 2011 12:08 pm at 12:08 pm |
  17. Ken

    Leave it to a Democrat. When the law is in your way, just redefined the terms. Question what "is" is. Change the terminology to bend the law to your need. Hence "resides in" is defined to be merely that the person maintains some dwelling within the state, and hence that is not the same as "lived in" and he is thus following the law. What a pile of crap.

    January 25, 2011 12:08 pm at 12:08 pm |
  18. Ben the Accountant

    Did he pay state tax for Ill or Va? Do Government officials receive the same residency benifits as persons in the Military?

    January 25, 2011 12:12 pm at 12:12 pm |
  19. Jinx

    Let him run so he can lose.

    January 25, 2011 12:17 pm at 12:17 pm |
  20. LindaLou

    Stupid ruling. He was renting out his house in Chicago while he served the president in DC. I'm wondering if he paid his taxes in Illinois. If so, then that seals the deal, he's a resident of Chicago.

    January 25, 2011 12:18 pm at 12:18 pm |
  21. ted turner

    glad he appealed, he will win this ruling, the other candidates are scared and will do everything to stop him

    January 25, 2011 12:18 pm at 12:18 pm |
  22. Linda

    Well, right there's the reason Rahm doesn't deserve to be mayor. He claims his stint in DC was "temporary", i.e., during Obama's four yers? That's kinda long term to me. And, he doesn't understand what "reside in" means? CLEARLY reside in means live there! Good grief! Is there no one with ethics or brains available to run Chicago?

    January 25, 2011 12:20 pm at 12:20 pm |
  23. screech99

    I wondered how the board of elections could allow this with a straight face. Of course "resides in" means actually living there or otherwise anyone could run. If he traveled on business maybe you could make the argument, but his kids weren't even living here. And the military service argument is laughable. You enlist and are inducted in the military. What a joke

    January 25, 2011 12:20 pm at 12:20 pm |
  24. Son of CSM.Wiggins

    It he can't run then my dad and all other military over seas have no right to vote because they don't meet the residency requirment neither does federal employees who are assigned o/s of. Home state

    January 25, 2011 12:21 pm at 12:21 pm |
  25. Borland, William

    What are the political party backgrounds of each of the three Illinois appeallate judges?

    January 25, 2011 12:22 pm at 12:22 pm |
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