• Emanuel to appeal residency decision

    From NBC's John Yang
    CHICAGO -- Rahm Emanuel's attorneys say they intend to appeal the ruling to the state Supreme Court, perhaps as soon as tomorrow.

    Four of the seven Supreme Court justices have to agree to hear the case. One of the justices is the wife of Chicago Alderman Edward Burke, who has endorsed one of Emanuel's opponents. One of Emanuel's attorneys tells WMAQ's Mary Ann Ahern that they do not intend to ask her to recuse herself.

    Emanuel's lead attorney also acknowledges to Ahern that the state Supreme Court does not usually overturn the appeals court.

    And early voting in the race starts one week from today -- Jan. 31.

  • Rahm can run

    Chicago NBC affiliate WMAQ's Mary Ann Ahern reports that a Cook County circuit court judge ruled Rahm Emanuel can run for Chicago mayor.

    His residency eligibility was challenged by several Chicagoans.

    Judge Mark Ballard said Emanuel's job "as service in the Executive Office of the President satisifies the statutory requirement," and "there was sufficient evidence to support ... Candidate's residency."

    There is expected to be an appeal.

    More from AP:

    In court Tuesday, attorney Burt Odelson 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, who represents two Chicago voters who have challenged Emanuel's residency.

    They are the remaining challengers after more than two dozen people challenged Emanuel's residency before the Chicago Board of Election Commissioners. That board has already voted to allow Emanuel on the ballot, saying he meets residency requirements.

    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 an 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.

    *** UPDATE *** STATEMENT FROM RAHM EMANUEL ON THE RULING BY THE CIRCUIT COURT:

    The Board of Elections and the court have both now concluded what I have said all along - that the only reason I left town was to serve President Obama and that I always intended to return. Now that these decisions have been reached, Chicago voters should have the right to decide the election and to vote for me or against me. And they deserve to have the campaign focus on the challenges facing the city and the need for safe streets, strong schools, and stable city finances.