A Cook County Circuit Court judge ruled Tuesday that Chicago mayoral hopeful Rahm Emanuel can stay on the Feb. 22 ballot. The ruling comes in the wake of a residency challenge to Emanuel. Last month, the Chicago Board of Election Commissioners ruled 3-0 that Emanuel was indeed a Chicago resident. Emanuel moved to Washington in 2009 to serve as President Obama's chief of staff. The main challenger, Burt Odelson, said he will appeal the decision. The case is expected to go to the Illinois Supreme Court.

from the decision: "We find the analysis presented by Respondent Candidate Emanuel to this court persuasive on the issue of whether an individual must have a 'place to sleep' to satisfy the litmus test of continued residence. Citing five Illinois Supreme Court cases, the Candidate showed persuasively that an individual's residency is not abandoned, even though that individual may not have a right to sleep in some place within the jurisdiction of his residency. Smith v. People of the State of Illinois ex.rel. Frisbie, 44 Ill. 16 (1867); Carter v. Putnam, 141 Ill. 133 (1892); Welsh v. Shumway, 232 Ill. 54 (1907); Tuthill v. Rendleman, 387 Ill. 32 (1942)."

--