Judge rules Emanuel can stay on ballot

A Cook County judge upheld on Tuesday an election board's decision to keep former White House chief of staff Rahm Emanuel on the Chicago mayoral ballot.

Cook County Circuit Court Associate Judge Mark Ballard said Tuesday that there was sufficient evidence to support the board's conclusion that Emanuel intended to remain a Chicago resident and did not abandon his city residency.

Attorney Burt Odelson, who represents two Chicago voters who have challenged Emanuel's residency, had said if he lost in court Tuesday he would take the case to the Illinois Appellate Court and then to the state Supreme Court.

The Chicago Board of Election Commissioners has already voted to allow Emanuel on the Feb. 22 ballot, saying he meets residency requirements. Emanuel moved back to Chicago in October.

In court earlier Tuesday, Odelson had argued again that Emanuel did not meet the city's one-year residency requirement because he didn't have a physical presence in the city when he rented out his house.

"No matter how hard he or his blue-ribbon team try they cannot rewrite the law," said Odelson.

More than two dozen people had challenged Emanuel's residency before the Chicago Board of Election Commissioners. The board held a 3-day hearing before Christmas that included having Emanuel on the witness stand for hours answering questions from lawyers and objectors who represented themselves.

Emanuel's attorney argued in court, like his team did earlier before the election board hearing officer, that Emanuel only went to Washington temporarily and did not abandon his residency in Chicago when he rented out his house.

"It isn't an intent to rewrite history, it is just history as it is," attorney Mike Kasper said.