Former White House Chief of Staff Rahm Emanuel was booted from the ballot in the Chicago mayoral race on Monday. An Illinois Appellate Panel ruled 2-1 that Emanuel did not meet the residency requirement to run for mayor.
JUSTICE HOFFMAN delivered the judgment of the court, with opinion.
Presiding Justice Hall concurred in the judgment and opinion.
Justice Lampkin dissented, with opinion.
…This history tells us that, for purposes of the “business of the United States” residency exception, this State has for over 150 years recognized a distinction between voters and candidates and has retained the exception only for voters. That revelation, combined with our interpretation of the language of section 3-2 and its interrelation with subsection 3.1-10-5(d) of the Municipal Code, convinces us that section 3-2’s “business of the United States” exception applies only to voters, not to candidates. Accordingly, it cannot avail the candidate here.
For the foregoing reasons, we conclude that the candidate neither meets the Municipal Code’s requirement that he have “resided in” Chicago for the year preceding the election in which he seeks to participate nor falls within any exception to the requirement. Accordingly, we disagree with the Board’s conclusion that he is eligible to run for the office of Mayor of the City of Chicago. We reverse the circuit court’s judgment confirming the Board’s decision, set aside the Board’s decision, and, pursuant to Supreme Court Rule 366(a)(5) (Ill. Sup. Ct. R. 366(a)(5) (eff. Feb. 1, 1994)), order that the candidate’s name be excluded (or, if necessary, removed) from the ballot for the February 22, 2011, Chicago mayoral election.
Rahm, how does it feel to be subjected to, and rejected by, “Clear the Field,” an election ploy frequently used by the left to subdue or eliminate the opposition?
Attorneys for Rahm Emanuel will ask the Illinois Supreme Court to reject over 150 years of legal precedent.
Attorneys for Rahm Emanuel late today asked the Illinois Supreme Court to prevent Chicago elections officials from printing ballots for the Feb. 22 mayor’s election without his name.
Emanuel’s legal team also said they will ask the state’s highest court on Tuesday to hear their appeal of a decision by an appellate court today to knock him off the ballot on the grounds he doesn’t meet residency requirements.
Chicago elections officials said today they have to begin printing the 2 million or so ballots needed for the election as well as preparing electronic voting machines for early voting that begins next Monday.
During a conference call, elections officials said they would send the ballots to the printer tonight and printing would begin Tuesday.
“We’ve basically hit the go button,” elections spokesman Jim Allen said. “We needed to do this on the 18th, we were waiting for this decision. We going to press now, we have to.”
“A candidate who is removed from the ballots by the court’s has until Feb. 15 to file as a write-in,” Allen said.