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Illinois Supreme Court to hear Emanuel appeal

By the CNN Wire Staff
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Rahm Emanuel's mayoral drama
  • Illinois Supreme Court orders Rahm Emanuel's name to stay on ballot
  • Justices have agreed to a motion for an expedited ruling
  • Appellate panel ruled Monday that Emanuel did not meet state provisions

(CNN) -- The Illinois Supreme Court will take up a ruling that would keep Rahm Emanuel off the Chicago mayoral ballot, and the court has agreed to a motion for an expedited ruling.

There will be no oral arguments in the case; the justices will use briefs already filed to the appeals court.

The state Supreme Court on Tuesday granted a stay on Monday's appeals court ruling that held Emanuel was ineligible to be a mayoral candidate and ordered that any ballots printed include his name while the case is pending.

In the 24-page brief seeking the emergency stay Emanuel's lawyers argue, "The decision below squarely conflicts with other appellate rulings addressing candidate residency requirements" and contend the lower court "was unable to find a single appellate decision supporting its novel legal standard."

A panel of Illinois Appellate Court justices ruled Monday that Emanuel did not meet state provisions mandating Chicago mayoral candidates live in the city for at least a year prior to the election.

The ruling overturned a previous Chicago Board of Elections decision that found Emanuel had in fact met the requirements.

At issue in Monday's ruling is what the term "resided in" in the state provision means. Emanuel's lawyers argue that phrase should not be assigned the same meaning as "lived in." Instead, Emanuel's lawyers say, the fact that President Obama's former chief of staff has maintained a residence in the city for the past two years is enough to satisfy the requirement.

Emanuel, a former congressman from Chicago, has long argued that his stint in Washington was only a temporary assignment and he still considered himself to be a resident of Chicago.

The election is February 22.