Rahm Emanuel Ruling: Supreme Court Will Hear Case, Name Must Remain On Ballot

The Illinois Supreme Court has agreed to hear Rahm Emanuel's appeal of a decision that threw him off the ballot for Chicago mayor.

Supreme Court spokesman Joe Tybor says the justices will hear the case quickly. But he gave no specific time frame.

Emanuel has asked the court to overturn the lower ruling that pulled his name off the ballot because he had not lived in the city for a year. His attorneys called Monday's decision "squarely inconsistent" with previous rulings on the issue.

Earlier Tuesday, the court directed the Chicago Board of Elections to print Emanuel's name on all ballots while it considers whether or not he is eligible to hold elected office in the city. Lawyers have challenged his eligibility on the grounds that he did not reside in Chicago for a full year prior to the election, as statute requires.

Justices did not overturn the appellate court decision -- that case is still pending.

The Capitol Fax blog obtained a portion of Tuesday's order:

"Emergency motion for stay pending appeal is allowed in part.

"The appellate court decision is stayed. Board of Election is directed that if any ballots are printed while this court is considering the case the ballots should include the name of petitioner Rahm Emanuel as a candidate for the mayor of City of Chicago.

"That part of the motion requesting expedited consideration of the petition for leave to appeal remains pending."

Time is a major issue in this case, as Board of Elections officials said they needed to begin printing absentee ballots, which were to be sent out within days. Officials planned to start printing the ballots Tuesday without Emanuel's name.

In their appeal, Emanuel's attorneys called Monday's ruling "one of the most far-reaching election law rulings" ever issued in Illinois, not only because of its effect on the mayoral race but for "the unprecedented restriction" it puts on future candidates.

His lawyers raise several points, including that the appeals court applied a stricter definition of "residency" than the one used for voters. They say Illinois courts have never required candidates to be physically present in the state to seek office there.

"I'm confident in the argument we're making about the fact that I never lost my residency," Emanuel said Tuesday at a campaign stop where he picked up an endorsement from the Teamsters Joint Council.

Emanuel said the order on the ballot printing was "an important first step in ensuring that voters are not disenfranchised and that they ultimately get to choose the next Mayor of Chicago."