Appeals court: Emanuel cannot run for mayor Judges say former White House chief of staff is not a Chicago resident msnbc.com staff and news service reports updated 2 hours 2 minutes ago An Illinois Appeals Court has ruled that former White House Chief of Staff Rahm Emanuel's name can't appear on the ballot for C hicago mayor because he didn't live in the city in the year before the election. The court voted 2-1 to overturn a judge's ruling to keep Emanuel's name on the Feb. 22 ballot. "It's a surprise," Kevin Forde, a lawyer representing Emanuel, told the Chicago Sun- Times. Those challenging Emanuel's candidacy have argued that the Democrat doesn't meet the one-year residency requirement because he rented out his Chicago home and moved his family to Washington to work for President Barack Obama for nearly two years. Emanuel has said he always intended to return to Chicago and was only living in Washington at the request of the president. There was no immediate response from Emanuel on Monday. The appellate court's ruling is not the final step in the process and its decision can be appealed to the Illinois Supreme Court. An attorney for Emanuel, Mike Kasper, told the Chicago Sun-Times he plans to file an appeal by Tuesday. Emanuel is one of several candidates vying to replace Chicago Mayor Richard Daley, who didn't seek a seventh term. Emanuel moved back to Chicago in October after he quit working for Obama to campaign full-time. Before Monday's ruling, attorney Burt Odelson, who represents voters objecting to Emanuel's candidacy, had little luck trying to keep Emanuel off the ballot. The Chicago Board of Election Commissioners and a Cook County judge have both ruled in favor of Emanuel, a former congressman, saying he didn't abandon his Chicago residency when he went to work at the White House.