(Rahm Emanuel article updated as he is expected to appeal the court's decision as early as Tuesday.)

NEW YORK (

TheStreet

) -- Rahm Emanuel is off Chicago's mayoral ballot after an Illinois Appellate Court has overturned a decision regarding his Chicago residency.

In a 2 to 1 ruling, the Illinois Appellate Court has decided to overturn a decision by the Chicago Board of Elections to allow Emanuel on Chicago's Feb. 22 mayoral ballot.

Former White House chief of staff Rahm Emanuel.

The court says Emanuel is not eligible to run for mayor of Chicago because he has not been a resident of the city for one year.

Appellate judges Thomas Hoffman and Shelvin Louise Marie Hall ruled against Emanuel while Justice Bertina Lampkin voted in favor of keeping him on the ballot.

Emanuel and his campaign attorneys are expected to appeal the decision to the Illinois Supreme Court as early as tomorrow.

In October 2010,

Emanuel announced he would be leaving his position

as White House chief of staff to run for Chicago mayor after current Mayor Richard Daley said he wasn't planning on seeking reelection.

President Barack Obama

appointed William Daley as the next White House chief of staff

earlier this month. Daley is the younger brother of Chicago Mayor Richard Daley.

-- Written by Theresa McCabe in Boston.

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