Rahm Emanuel resigned as President Obama's Chief of Staff so he could run for mayor of his native Chicago. But now it appears he will not be able to do so.
An appeals court on Monday threw Emanuel off of the ballot for next month's election because he does not meet the residency requirements to run. The rules state a candidate must live in Chicago for at least one year prior to the election. Emanuel has lived in Washington, D.C. for most of the past two years, moving back only in October 2010 after resigning.
However, Emanuel said there is "no doubt" that he will indeed be on the ballot for the February 22nd election. His lawyers vow to appeal to the Illinois Supreme Court.
Emanuel's eligibility has dogged him since announcing his candidacy. He rented out his house in Chicago when he moved to Washington, always with the intention of coming back.
In fact a lower court ruled in favor of Emanuel, saying he did not abandon his Chicago residency.
The decision throws the election between several candidates wide open, as polls showed Emanuel, a former Congressman from the city, as the clear front-runner.
The vote in the appeals court was not unanimous -- it was 2-1, which Emanuel's lawyers take as a hopeful sign. "I think the fact that there's a dispute within the appellate court certainly makes the case more enticing to the Supreme Court, but I don't speak for them," lawyer Mike Kasper said.