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. Bleddyn

    @ T'sah
    "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!!!"

    To confuse political service with military service is galling. Politicians serve themselves before they serve the state. But if he has maintained a residence in Chicago as a tax payer then by most accounts he should be able to run. If he didn't then oh well better luck next time.

    It is well known that Chicago is a Democratic stronghold. To lose it would be Epic. that is why he is there and in front of the State Supreme Court.

    January 25, 2011 01:07 pm at 1:07 pm |
  2. Fletch

    To compare this guys job as a government employee to that of a US Military Service Personnel is a joke. Stating that he SERVED his country is crap and an insult to the Military Service Personnel! He is/was well compensated! That's self-serving just like all of the award shows for the Hollywood "elite".

    January 25, 2011 01:07 pm at 1:07 pm |
  3. SK

    He carries an Illinois State License. Votes in Illinois, not DC. Pays property taxes in Illinois. 44% of the vote per the polls wants him for Mayor. Taking him off the ballot is the equivalent to taking away the constitutional rights of Illinois citizens. That should be illegal.

    January 25, 2011 01:08 pm at 1:08 pm |
  4. Rahmitupura$$

    He's an idiot and Chicago deserves one of their own kind. Let him run!

    January 25, 2011 01:09 pm at 1:09 pm |
  5. Robert

    he owned a house in Chicago,
    he paid property tax on the house,
    he voted in Chicago,
    he left the city only temporarily to serve his country
    This is NOT a resident of D.C.. If he us, then he has dual residency.

    January 25, 2011 01:09 pm at 1:09 pm |
  6. bruce

    It is no different than someone serving in the military or a student going off to colllege. Example: When a student moves to go to a colllege they do not change their residency, it is considered temporary residency. The student does not have to change their tax information or their drivers license information just because they moved to school. Does a military serviceman have to change their residency when stationed somewhere? No. How about internships? Temporary job placements or transfers? No What about foreign exchange students? No. The job position he held is going to be considered a temporary job placement, not a permentant residentcy.

    January 25, 2011 01:11 pm at 1:11 pm |
  7. Alyosha

    Friends, you really don't know what this ruling was, do you?
    First, there is a clear exception for those serving in the military that allows them not only to vote, but also to run for office in Illinois.
    Second, Rahm maintained his Illinois driver's license.
    Third, at least three Illinois Appellate cases have clearly stated that residency for voting purposes is the same as residency regarding eligibility to run for office.
    Fourth, a write in campaign wouldn't work; Rahm was found to be ineligible to hold office, not to have his name put on the ballot. Even if he were to win a write in campaign, under this ruling he still wouldn't be allowed to hold office.

    January 25, 2011 01:13 pm at 1:13 pm |
  8. Kevin

    What a shame! This self-serving guy goes to Washington to build his resume and returns as part of the corrupt Illinois political field that he once admired before serving as Obama's point guy. Don't you find it ironic that Rahm has not been outspoken about changing or cleaning up the corruption in Illinois' long history of political corruption. Everyone knows that the Chicago mayor position has always finagled more influence through it's unethical channels than even the Governor's office can manage. Note, you don't see the Communist Chinese President visiting with the Governor, only the current mayor and of course this guy running for mayor.

    January 25, 2011 01:13 pm at 1:13 pm |
  9. conoclast

    "Emanuel fights": is that two separate words? You gotta like the guy and I hope he gets to prove he's what Chicago needs!

    January 25, 2011 01:14 pm at 1:14 pm |
  10. Dane

    breaking : Supreme Court orders Rahm back on ballot until the residency issue is sorted out.

    January 25, 2011 01:14 pm at 1:14 pm |
  11. danny

    When you give up your residence so that you will not have to pay taxes then you are not a resident, His skirting around the laws of this land needs to come to a halt and he needs to own up to his messups.

    January 25, 2011 01:14 pm at 1:14 pm |
  12. SlipperyPete

    "...has maintained a residence ...."

    He didn't. He rented his place out, so it's no longer his residence. Typical partisan article and liberal propaganda.

    January 25, 2011 01:18 pm at 1:18 pm |
  13. Don

    Emanuel will get on the ballot. Sniffit evidently on his standard tangent – the article is about Emanuel you genius.

    January 25, 2011 01:21 pm at 1:21 pm |
  14. Jerry

    Sooner or later, they fall. Eventually their lies catch up with them. Of course they have no choice to fight the court's decision. Otherwise, they are in essence admitting that they have lied. Will US law triumph over money, power and greed?

    Stay tuned!

    January 25, 2011 01:22 pm at 1:22 pm |
  15. Brian

    I am not necessarily an Emmanuel fan. But this ruling seems silly. I presume it was well intended, when written. It even took care to make the exception for servicemen and women. I probably would not have thought to consider the notion of Presidential staff being included as well. Ultimately, we are likely talking about6 people – maximum – who would have to serve the President locally. The court should consider the spirit of the law. Emmanuel grew up in the region, represented the region in the State Assembly, and purposefully did not sell his home in Chicago, when he went to serve the President. For better or for worse, this guy has Chicago in his veins.

    January 25, 2011 01:22 pm at 1:22 pm |
  16. mkjp

    if Hilary Clinton (and others I'm sure) can simply buy some property in a state and them run for senate, he should be able to run for Mayor and it should count as "resides in" for him just like it did for Hilary.

    January 25, 2011 01:23 pm at 1:23 pm |
  17. Dan

    For you fools who think service in DC is the same as a soldier in the military, are retarded. How is that the same? As a Army 11B Infantryman I will give my life for this country, while Emanuel made millions doing nothing. Emanuel said citizenship is not an entitlement. Do you really want some nazi loving fool as Mayer or even in the White House? You stupid people need to wake up. This guy is slime and works for the banks not for the people.

    January 25, 2011 01:24 pm at 1:24 pm |
  18. EM

    Just heard they put him back on – so funny – he will win this and there will be controversy for years.

    January 25, 2011 01:24 pm at 1:24 pm |
  19. Denise

    I was born and raised in Chicago and have a drivers liscense. but I'm now living in NYC, but I don't have NYC id or liscense. so does that mean I'm still a residence of Chicago?

    January 25, 2011 01:25 pm at 1:25 pm |
  20. truth

    An EVIL man

    January 25, 2011 01:27 pm at 1:27 pm |
  21. Dictionary

    Reside-–verb (used without object),
    to dwell permanently or for a considerable time: She resides at 15 Maple Street.
    1. live, abide, sojourn, stay, lodge, remain.

    January 25, 2011 01:28 pm at 1:28 pm |
  22. Bill Ben-Wah

    Oprah like him.

    January 25, 2011 01:29 pm at 1:29 pm |
  23. lmcnicho

    As I understand it, laws and the voters have nothing to do with who wins an election in Chicago!

    January 25, 2011 01:30 pm at 1:30 pm |
  24. Jim Bob

    If it is decided that Rahmbo is no longer a resident of Chicago and Illinois, does that mean that the majority of the members of Congress are no longer residents of Illinois?

    January 25, 2011 01:31 pm at 1:31 pm |
  25. toughtimes

    First impressions and gut feelings go a long way. Just look at him and you know he is an evil, dis-honest, manipulative creature.

    January 25, 2011 01:31 pm at 1:31 pm |
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