Rahm Emanuel Off Chicago Mayor Ballot, Appellate Court Rules

In a 42-page opinion issued today, the Illinois Appellate Court has reversed a trial court decision and held that Rahm Emanuel is not eligible to run for Mayor of the City of Chicago.  A copy of the court’s opinion can be viewed by clicking here Maksym v. Board of Election Commissioners of the City of Chicago.

The Appellate Court concluded that Emanuel “neither meets  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.  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, pursuant to Supreme Court Rule 366(a)(5) . . . order that the candidate’s name be excluded (or, if necessary, removed) from the ballot for the February 22, 2011, Chicago mayoral election.

The Appellate Court decision included a dissenting opinion by Judge Lampkin.

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