Court: Rahm Emanuel Can't Run For Mayor, Not Chicago Resident
The Chicago News Cooperative is reporting that an Illinois Appellate Court has overturned a decision regarding Rahm Emanuel's Chicago residency. The court reportedly decided Emanuel is not eligible to run for mayor of Chicago because he has not been a resident of the city for one year.
"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," the ruling stated.
An attorney who argued on Emanuel's behalf told the Chicago Sun-Times that they will appeal the decision to the Illinois Supreme Court.
An attorney for two voters objecting to Emanuel's candidacy argued again last week that the Democrat doesn't meet the one-year residency requirement because he rented out his Chicago home and moved his family to Washington to work for President Barack Obama for nearly two years.
"If the house had not been abandoned by the whole family ... we wouldn't be here today," attorney Burt Odelson told the panel of judges, all three Democrats.
Odelson so far has had little luck trying to keep Emanuel off the Feb. 22 ballot. The Chicago Board of Election Commissioners and a Cook County judge have both ruled in favor of Emanuel, a former congressman, saying he didn't abandon his Chicago residency when he went to work at the White House.
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The Sun-Times reports that appellate judges Thomas Hoffman and Shelvin Louise Marie Hall ruled against Emanuel. Justice Bertina Lampkin voted in favor of keeping him on the Feb. 22 ballot.
"We ... order that the candidate's name be excluded (or if, necessary, be removed) from the ballot from Chicago's Feb. 22, 2011," Hoffman wrote in the decision.
Emanuel's attorneys are expected to use Lampkin's dissenting opinion to appeal the case to the Illinois Supreme Court.