Chicago mayoral hopeful Rahm Emanuel received word Tuesday from the Illinois Supreme Court that it will hear his appeal of a state appellate panel decision removing him from the Feb. 22 ballot because he failed residency requirements.
In a 2-to-1 ruling, the appellate panel ruled Emanuel did not meet state residency requirements, having lived in Washington, D.C., for the last two years while serving as President Obama’s chief of staff.
State laws require a candidate to have 12 months of residency.
Lawyers for Emanuel, a former congressman, immediately filed an appeal of the ruling that was handed down on Monday, hoping the high court will expedite the case and issue a stay of the appellate ruling.
Emanuel also requested, and the Supreme Court granted, a partial stay of the appellate ruling to allow his name to be printed on the ballot if he wins his case. Otherwise, the Chicago Board of Elections is expected to begin printing ballots without Emanuel’s name.
The appellate panel’s action shakes up the election landscape.
Emanuel was the clear frontrunner in polls and fundraising. The other main candidates include former U.S. Sen. Carol Moseley Braun; lawyer, former Chicago School Board president, and mayoral chief of staff Gery Chico; and city clerk Miguel del Valle.
In response to a challenge, the Chicago Board of Elections and a lower court judge allowed Emanuel to remain on the ballot, agreeing with his argument that even though his family rented out their north side home, they maintained ownership and always intended to return. He also continued to vote as a Chicago resident.
Emanuel returned to Chicago to run for office after Mayor Richard Daley announced in October that he would not seek a seventh term.
The appellate court’s majority ruling was based on a strict interpretation of Illinois state laws that require political candidates to have resided in the jurisdiction for the last 12 months.
Emanuel had argued that an exemption allows residents to maintain local residency while doing the business of the U.S. government.
The panel said that exemption applies only to voting requirements, not candidacy standards.
