OMG! Court says Rahm Emanuel can't be on the mayoral ballot

Talk about throwing everything up for grabs. The frontrunner, who is closing in on the majority vote that would give him the victory, is told by an Illinois Appellate Court that he does not meet the residency requirement and therefore can be on the ballot.

Next comes the Illinois Supreme Court, controlled by Democrats. Could be strike three for Rahm. What then? A write-in campaign? 

Read my commentary: The high irony of Emanuel's disqualification here.

Read Jack's comments below about the possibility of a write-in campaign. He says it can' happen, and I believe him.


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  • I said on American Princess that the issue was whether residency equaled domicile, and, after scanning the opinion, that's what it came down to.

    What seems significant is that throughout the opinion, the majority relies on "the Illinois Supreme Court hasn't ruled" and "Other appellate courts said, but that's not precedent." Besides others observing that the dissent was heated, and thus would impel the Illinois Supreme Court to hear the case, those references in the opinion certainly seem to have the same effect. Now, while it legally can deny leave to appeal, I don't see how it practically or politically can.

    Then, it basically gets down to whether the Illinois Supreme Court really wants to throw Rahm off the ballot. Since the court can now speak on the legal issues, I am still laying betting odds that it does not want to make a ruling having that effect, and will find a legal explanation for not doing so, just as, when all those suing against the Park District spending all sorts of money for the new Soldier Field claimed that it was an illegal use of public funds for a private entity, the Illinois Supreme Court essentially wrote an opinion precluding that argument ever again. It won't take much for the court to say that residency does equal domicile, especially based on this Appellate Court opinion.

  • Also, with regard to a write in campaign, it appears that Illinois makes it pretty difficult to even get that on the ballot, too.

  • In reply to jack:

    Not to mention that if he is not eligible to be on the ballot, in that he is not a resident, he is not eligible to be written in, either. The Municipal Code section says "A person is not eligible for an elective municipal office unless ..." not "A person is not eligible to have his name on the ballot..."

    Heck, someone could write your name in as Mayor of Chicago, but you won't be, because you aren't a resident, either. So, anyone who takes your suggestion of a write in would only be wasting one's vote, if this holds up.

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