State Appellate Court: Rahm Emanuel not to appear on the mayoral ballot

According to a ruling issued by a state appellate court Monday, Rahm Emanuel should not appear on the Feb. 22 mayoral ballot.

The three judge appellate panel said in a 2 to 1 ruling, Emanuel does not meet the residency requirement of having lived in Chicago for a year prior to the election.

The judges reversed a decision by the Chicago Board of Election Commissioners, which had unanimously agreed that Emanuel was eligible to run for mayor.

“We conclude that the candidate neither meets the Municipal Code’s requirement that he has ‘resided in’ Chicago for the year preceding the election in which he seeks to participate nor falls within any exception to the requirement,” the majority judges wrote.

“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 … order that the candidate’s name be excluded (or, if necessary, removed) from the ballot.”

The majority opinion was written by Appellate Justice Thomas E. Hoffman and concurred with by Presiding Appellate Justice Shelvin Louise Marie Hall.

Appellate Justice Bertina E. Lampkin wrote a dissenting opinion.

Emanuel spoke to reporters in the Loop early Monday afternoon, stating “I still own a home, I vote from here, and I pay property taxes here.”

Emanuel confirmed that he would be appealing the decision to the Illinois Supreme Court. It is unknown if the court will see the case prior the start of early voting on Jan. 31.

Paris Lewbel contributed to this report.