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It's Down To The Wire For Emanuel

CHICAGO (CBS) -- The Illinois Supreme Court will now have the final say as to whether Rahm Emanuel will remain on the ballot.

As CBS 2's Susanna Song reports, the state Supreme Court is now set to review an Illinois appellate court ruling issued Monday, which knocked Rahm Emanuel out of the race for mayor.

The Supreme Court's decision came about an hour after the court ordered election officials to put Emanuel's name back on the ballot until the justices make their final ruling.

Newradio 780's John Cody reports that one legal expert says the city's election code supports Emanuel's placement on the ballot, but Chicago's municipal code does not.

LISTEN: Newsradio 780's John Cody Reports

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The final decision may come within a couple of days.

The seven justices on the state Supreme Court agreed to review the lower court's decision to throw him off the ballot, although they added that "no additional briefs will be filed; oral arguments will not be entertained."

CBS 2 Legal Analyst Irv Miller said this is significant.

"I think the body language coming from the Supreme Court is that they're going to put Rahm back on the ballot and let him stay there," Miller said Tuesday.

The Illinois Retail Merchants Association put together a poll asking whether Emanuel should stay on the ballot. In the poll, 72 percent said yes, while 23 percent said no.

If Emanuel is on the ballot, the poll indicates that he would get more than half the votes, thus eliminating the need for a runoff in April. If Emanuel is not on the ballot, the poll shows Chico would benefit the most, by receiving a third of the votes.

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