## Facts

- Rahm Emanuel was born in Chicago, bought a Chicago home in 1998, and lived there with his family until January 2009.
- In January 2009, Emanuel left Congress to serve as White House Chief of Staff in Washington, D.C., living there through October 2010.
- During his Washington service, Emanuel rented out his Chicago home but continued to own it and maintained ties to Chicago, including payment of property taxes.
- Emanuel filed nominating papers on November 22, 2010, to run for Mayor of Chicago in the February 22, 2011 election.
- Two objectors challenged Emanuel’s eligibility, arguing he failed the Illinois Municipal Code requirement that a candidate “shall have resided in the municipality at least one year next preceding the election.”
- The Chicago Board of Election Commissioners rejected the objections after an evidentiary hearing and allowed Emanuel on the ballot.
- The circuit court confirmed the Board’s decision; the appellate court reversed and ordered Emanuel excluded from the ballot.
- The Illinois Supreme Court granted review.

## Issues

1. Whether the Municipal Code’s requirement that a candidate “shall have resided in the municipality at least one year next preceding the election” requires continuous physical presence or is satisfied by domicile.
2. Whether Emanuel’s temporary residence in Washington, D.C., for federal service terminated his Chicago domicile during the year preceding the election.

## Decision

- The Illinois Supreme Court reversed the appellate court and affirmed the circuit court judgment confirming the Board’s decision.
- The Court held that, for municipal candidacy under the Municipal Code, “resided in” is equivalent to domicile, not continuous physical presence.
- The Court concluded Emanuel did not abandon his Chicago domicile by temporarily living in Washington, D.C., for public service.
- Emanuel satisfied the one-year residency requirement and remained eligible to appear on the ballot.

## Legal Principles

- In Illinois election-law disputes over eligibility for public office, “residence” and “resided in” generally refer to domicile unless the statute clearly indicates otherwise.
- Domicile, once established, continues until a new domicile is acquired; temporary absence for employment or government service does not, by itself, change domicile.
- Domicile is determined by physical presence combined with intent to remain or to return; intent may be shown through continued ties (e.g., maintaining a home, taxes, and ongoing connections).
- Courts construe election statutes to favor ballot access absent clear statutory language requiring disqualification.

## Conclusion

The Illinois Supreme Court held that the Municipal Code’s one-year “resided in” requirement for mayoral candidates is satisfied by domicile and that Emanuel’s temporary Washington service did not end his Chicago domicile, so he remained eligible for the ballot.


Maksym v. Board of Election Commissioners of the City of Chicago, 242 Ill. 2d 303 (Ill. 2011)