-By Warner Todd Huston
As reported earlier, Rahm Emanuel has been thrown off the ballot by a decision by an Illinois Appellate Court stating that Emanuel did not satisfy the residency requirement since he did not live in Chicago over the last year. This presents several major problems for Emanuel’s candidacy.
First of all, it seems pretty sure that his name will not be actually printed on the ballot no matter what the Ill. Supreme Court does with this case. The ballot printing deadline is supposed to be next Monday, January 31 and it is highly doubtful that the Ill. Supreme Court can hear the case and make a decision in time to get his name printed on the ballot.
But, while it seems highly likely that his name won’t actually be printed on the ballot, Emanuel might just have enough time to register as a write-in candidate. The regular time for filing as a write-in candidate is is December 23, 2010. Emanuel has missed that deadline. However, there is a provision that his situation may satisfy.
According to the Board of Election Commissioners for the City of Chicago 2011 Election Information Pamphlet and Calendar, a candidate whose nomination papers has been challenged has a little more time to file.
Thursday, December 23, 2010: Last day (by 5:00 p.m.) a person may file a notarized Declaration of Intent to be a Write-in Candidate for the February 22, 2011 Municipal General Election; however, if an objection to a candidate’s nomination papers is sustained after this date, then the deadline for filing a Declaration of Intent shall be February 15, 2011. File in the office of the Board of Election Commissioners. [10 ILCS 5/18-9.1]
(download .pdf file HERE)
If it is determined that Emanuel’s nomination challenge fulfills the exception, he may have until February 15 to file as a write-in.
But the big problem Emanuel may face regardless of write-in filing is that he does not satisfy the residency requirement and that would even preclude a write-in candidacy. Unless the Ill. Supreme Court decides that Emanuel does satisfy the residency requirement, he is out for sure.
Either way, this is a major blow to his campaign.