Emanuel Faces First Challenges To Residency

CHICAGO (CBS) -- Rahm Emanuel is facing at least two challenges to his candidacy in the race for Chicago mayor, claiming he doesn't meet the state's residency requirements.

Emanuel lived in Washington, D.C., for nearly two years while working as chief of staff to President Barack Obama and moved back to Chicago last month to run for mayor.

Critics have said that Emanuel should be kicked off the ballot because he didn't live in Chicago for at least one year before the February election, as required by state law.

One of the two people challenging Emanuel's residency was Paul McKinley, who said he is a member of a grassroots organization called "Voice of the Ex-Offender."

"We're saying that we're not gonna sit back and allow Rahm Emanuel to break the law and no one ask him these questions," McKinley said. "And he has not as yet to really come out and meet the community and face us concerning these questions."

But attorney Rich Prendergast, former president of the Chicago Bar Association, said Wednesday that Emanuel never lost his residency in Chicago because he never sold his home and always planned to move back to the city after working at the White House.

"There's no doubt we're on firm ground," Prendergast said. "Rahm never abandoned Chicago. He is not disqualified. Illinois law says once you establish legal residence you have to abandon it. Courts look to intent of the candidate and Rahm never intended to make Washington a permanent home, he was only there on temporary assignment to the White House. His intent was always to move back to Chicago. He never gave up his residence."

But McKinley said that, although Emanuel continued to own a home in Chicago while working at the White House, he did not live there and rented it out to a tenant who still lives there and has refused to let Emanuel break the lease so he can move back.

Prendergast noted that Rahm continued to vote in Chicago after he went to work at the White House and has kept an Illinois drivers license.

"Rahm worked for (President Bill) Clinton and returned to Chicago to run for Congress," Prendergast said. "Nothing in the record exists to support or prove that Rahm abandoned his home in Chicago … Rahm's candidacy is not affected by working for the president."

Prendergast said he expects more challenges will be filed against Rahm's residency.