Illinois Supreme Court Will Review Emanuel Case

Updated 01/25/11 – 5:34 p.m.

CHICAGO (CBS) — The Illinois Supreme Court has agreed to review an Illinois Appellate Court ruling that knocked Rahm Emanuel out of the race for mayor. The decision came about an hour after the court ordered elections officials to put Emanuel’s name back on the ballot until the justices make their final ruling.

“I am happy the Supreme Court will be providing clarity to the voters,” Emanuel said Tuesday afternoon of the Supreme Court’s decision to review the case against him.

An Illinois Supreme Court spokesman said Tuesday afternoon that the justices would review Monday’s Illinois Appellate Court ruling that Emanuel does not meet the residency requirement to run for mayor of Chicago and should be removed from the ballot.

LISTEN: Newsradio 780’s Regine Schlesinger Reports

LISTEN: Newsradio 780’s Craig Dellimore has reaction from rival candidate Miguel del Valle

The court will not hear any oral arguments in the case and will “review the case on an expedited basis by examining the briefs filed in the Appeals Court case,” Illinois Supreme Court spokesman Joe Tybor said.

By not hearing oral arguments or requiring new briefs to be filed, the high court will be able to review the case and issue a ruling as quickly as possible.

Earlier Tuesday afternoon, the court ordered the Chicago Board of Election Commissioners to put Emanuel’s name on any ballots that are printed before the court rules whether or not Emanuel can stay on for good.

Board of Elections Commissioners Chairman Langdon Neal said a suburban Chicago printer was called around noon Tuesday and literally told “stop the presses.”

But by that time, the Waukegan-based printing firm had already printed 300,000 ballots without Emanuel’s name on them. Later Tuesday afternoon, they started printing new ballots with Emanuel’s name included.

Neal said the court’s decision to keep Emanuel on the ballot for now came about as quickly as election officials could have hoped.

“Of course, the one piece of information we’d love is when they’re gonna decide. But it does appear that they’re gonna be proceeding on an expedited basis.”

Election officials said they don’t have a lot of time to print the ballots because they were already behind for the Feb. 22 election.

On Monday, the panel ruled that Emanuel does not meet the residency requirements to run for mayor of Chicago. Appellate judges Thomas Hoffman and Shelvin Louise Marie Hall ruled against Emanuel, while Justice Bertina Lampkin voted in favor of keeping President Obama’s former chief of staff on the Feb. 22 ballot.

In their appeal, Emanuel’s attorneys call the Appeals Court decision “one of the most far-reaching election law rulings ever” issued by an Illinois court. They say the ruling imposes “a new, significant limitation” on ballot access.

Emanuel has said he is confident that the Illinois Supreme Court will rule in his favor.

“I think that we will succeed because of the thoroughness of our argument, but most importantly, I’m also more determined to see this through so the people have a right to make the choice for themselves of who they think should be mayor,” Emanuel said at a news conference Tuesday morning.

Mike Dorf, an election law attorney, said in his opinion, the appellate court made a bad decision.

“They completely ignored the statue that says if you’re on business of the United States, you don’t lose your residency; and they said that only applied to voters and not to candidates,” Dorf said.

Dorf also said that it would have been an expensive and confusing process if elections officials had printed ballots without Emanuel’s name and then the Illinois Supreme Court had ordered Emanuel be placed back on the ballot.

CBS 2 Legal Analyst Irv Miller said that the speed with which the high court handed down its decisions on Tuesday might hint that Emanuel will prevail.

“They don’t want any briefs, they don’t want any argument, they just want to decide the case,” Miller said. “I think the body language that’s coming from the Illinois Supreme Court is that they’re gonna put Rahm Emanuel back on this ballot and let him stay there.”

Miller explained that the high court could have simply refused to hear the case.

“They decided to jump in with both feet and they decided to do it quickly,” Miller said. He also said that, while the justices likely felt pressure from the public and the media to weigh in on the case, they wouldn’t allow newspaper editorials urging the court to rule in Emanuel’s favor to sway their final decision.

Emanuel rival Miguel del Valle said Tuesday afternoon that he expected the Illinois Supreme Court would order Emanuel’s name to stay on the ballot while it considers the case.

But del Valle said it could hurt his campaign and others if the high court does not decide the Emanuel residency issue soon.

“There will have been people who would have seen me as an alternative, but ended up casting their vote for an individual who eventually will not be on the ballot,” del Valle said. “So it creates serious problems.”

Del Valle said anyone who decides to vote early should cast their ballot for one of the candidates whose residency is not in question

Gery Chico has said that, regardless of whether Emanuel is allowed back on the ballot or kept off, he’ll run the same way he has from the beginning.

“From Day One I have never looked out the side mirrors or the rear view mirror about who’s in, who’s not, who’s musing it, who’s thinking about it. We go straight forward and these processes will take care of themselves,” Chico said Tuesday.

Carol Moseley Braun has called on Emanuel’s supporters to back her campaign, while standing by the decision to knock him off the ballot.

“There is no way that I would second guess the Court of Appeals of our state — I mean, I believe in the rule of law — that’s kind of basic — and it seems to me that the law is the law is the law,” Braun said Monday.

Meantime, the public support Emanuel said he has received from Chicago voters was reflected in a new poll obtained by CBS 2 News on Tuesday.

The Illinois Retail Merchants Association commissioned the poll conducted Monday night, after the appellate court tossed him off the ballot.

It asked whether Emanuel should stay on the ballot; 72% answered yes, 23% answered no.

If Emanuel does stay on the ballot, the poll showed he would have 53% of the vote, compared to 14% for Chico and 11% for Braun.

Without Emnauel in the race, the poll showed Chico getting 33% of the vote, compared to 17% for Braun and 38% of voters undecided.

It was the third poll done by the Retail Merchants Association, with Emanuel leading in all three and his lead increasing every month.

(TM and © Copyright 2010 CBS Radio Inc. and its relevant subsidiaries. CBS Radio and EYE Logo TM and Copyright 2010 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press contributed to this report.)

  • DG

    Thank god. The Illinois Appellate Court’s 2 judges that ruled against Rahm has ties to Chico. It was egregious conduct on their part. Thank god the Supreme Court is doing the right thing.

  • Kevin Fredriksen


  • James

    Back on the ballot? Corruption is alive and well in Illinois

  • Omg

    Yes!!! Thank goodness! We can’t afford to any of those other three clowns as mayor!

  • JJ

    I think it was the right decision. He took a job and worked for the government. He was not on the business of the United States. By his logic anyone who moved to DC and is a government employee is still a resident of where he moved from no matter how long he is in DC. Maybe if his family stayed in Chicago and he didn’t rent his house for two years he can make a better argument.

  • Carol Kaplan

    Get the bum off the ticket that idiot put the country in the mess we are in, if Obama would of done the job bill first instead of healthcare maybe the democrates would not of lost so many seats in congress. If Rahmbo got elected who knows what dumb things he would do to Chicago. We had a crook as mayor for office for 20 years, and coruption is ongoing.

  • Felipe

    Awesome! I hope he could stay on the ballot. Chico is to narrow minded and the rest of the candidates are crooks.


    ….thank god , they finally tassed the bag of cash over the right fence,….or dropped the envople by the car door….

  • mr reality

    Another proof positive that the corruption of Chicago has permiated every layer of gov’t. A sad day for the citizens of Chicago. What a sham.

  • Roger Pruitt

    Your headline is misleading and is typical of the media in Chicago

  • DJR

    What a joke … Welcome to Illinois politics!!

  • JK

    There is always the option to write in his name if it”s not on the ballot. I will. If he gets the majority, you can’t ignore the will of the people.

  • EGM

    They claim Chico influneced the Appelate judges…Who did Rahm Influence to get a emergency ruling from the state supreme court in one day! I miss the honesty of the Mafia…you new were you stood with them.

  • sick of politics as usual

    I currently do not live in the city of Chicago but if I worked in the city, shopped in the city and frequented businesses in the city, does this now mean that I can also run for Mayor? I would have spent way more time in the City than Rahm has which should make me eligible to run for any city office. Residing means living in the city, getting your mail at your address, shopping in the city, spending at least 50% of your time in the city, etc. He should not be allowed on the ballot for this election. Let him run in the next one.

    • sick of people like this

      no you just can’t be mayor because you are an idiot

  • Illinois Supremes To Rahm: Stay (Just A Little Bit Longer) – WXRT

    […] afternoon’s stay means the former White House chief of staff stays in the game, while justices decide whether […]

  • joe

    Great news for the City of Chicago. I think we should allow anybody in the country to run here. Most people born in Chicago have lower IQs then residents who moved here.

  • Jeff

    This is ridiculous.
    You people who think Rahm is “good” are whacked.

    • jesse jr.

      Is he a felon or crimminal?
      no …………….

      • Potash

        only because he hasn’t been caught yet – get them to release ALL of the Fannie/Freddie minutes and paperwork

  • acer

    I, Cannot believe that there is no one else out there worthy of running to be mayor for the City, and not for their own political gain…..If this is the choice for the mayors job then vote for none of the above. They are all Idiots….

  • knowsbetter

    Ah it pays to have low friends in high places….long live corruption in the state of Mediocrity….
    Rahm you are the man…….

  • knowsbetter

    And if all of you morons who think Rahm is out to save chicago, or the lesser of the evil powers….you are going to be shocked my friends….
    Well like they say :ya asked for it and ya got it: now you got to live with it.

  • grkmjs

    To all the taxpayers who are non city of Chicago, Cook County and State of Illinois employees it is finally time to pack your bags and families and get the heck out of this state. We are not goverened by the rule of law but the rule of corrupt politics. I ask each of you, Can you get the kind of emergency ruling out of the Supreme Court in one day-one morning. If you are a business not favored with sales to the aforementioned governments why are you here? The entities and people who are clouted into the system (Uof I entrance, property tax breaks, waivers of fees and other taxes are breaking your backs. How does that new income tax sit with you? How does the highest sales tax (Cook County) in the land sit with you? How do those transfer fess sit with you when you sell a piece of property in Chicago sit with you? And you downstaters, aren’t you about fed up?
    I say leave and let the Donkey eat himself!!!

  • laura

    There are 2 very PO’d prominent Chicagoans right now. And they should be thoroughly investigated.

  • mayor D

    We need to have the most curropt
    politicians on the ballot including
    Carol Mosley ( dum as a rock )

  • ArmLegArmHead

    Lol. People are so tempted by popular demand. It’s really sad. Didn’t support him, and will continue on that path.

  • Tom

    Another dual citizen in government just what we need!

blog comments powered by Disqus
Daily Weather Reports Delivered To You!SIGN UP NOW: Get daily weather reports every morning from meteorologist Steve Baskerville!
CBS Sports Radio RoundupGet your latest sports talk from across the country.

Listen Live