Breaking: Court Rules Rahm Can’t Run

by Daniel Foster

An appellate court has ruled that Rahm Emanuel is not legally a resident of Chicago, and therefore cannot run for mayor. The decision overturns a previous ruling.

“We conclude that the candidate neither meets the 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.”

More at the Chicago News Cooperative.

UPDATE: ”The Supreme Court is absolutely loathe to overturn an appellate court decision,” an Illinois lawyer tells Politico’s Ben Smith. I have heard much the same from others familiar with Illinois judiciary — the state supreme court is expected to be even less-friendly to Rahm than was the appellate.

Here’s the ruling.

UPDATE II: Emanuel will hold a rally at the Chicago BOE tonight at 5pm in support of his right to be on the ballot. Also, subsequent reporting tempers the idea that the Illinois supreme court will be necessarily unfriendly to Rahm’s appeal. Sam Stein, for instance, has an Illinois lawyer telling him “this is a complete mess” and it will be hard to predict how the higher court will react to it. 

UPDATE III: At a press conference just now, Rahm Emanuel reacted to the ruling throwing him off the ballot.

“I had answered President Obama’s request to serve as his chief of staff. I still own a home here — look forward to moving into it one day. [I] vote from here. [I] pay property taxes here,” he said.

“I have no doubt that we will in the end prevail in this effort.”

In terms of next steps, Emanuel said his attorneys will ask for a stay on the appellate court order so that his name can be printed on the ballot along with other candidates. It will be a crunch — early voting starts next week.

Emanuel wouldn’t say whether he thinks politics were involved in the decision by the (elected) judges.

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