BREAKING: Milton Stays on Ballot

Breaking News:

T. Milton Street will remain on the May 17 primary ballot, Common Pleas Judge Jimmy Lynn has ruled.

Mayor Nutter had sought to remove Street, who was released from federal prison last year after serving 26 months for three misdemeanor counts of not paying taxes. Nutter's attorneys argued that Street has not lived in Philadelphia for the last three years, as the city charter requires. They also contended that in the documents surrounding Street's indictment, he used a Moorestown, New Jersey address.

But Street said he had not used that New Jersey address since 2006 and said he had always maintained a Philadelphia residence. He also cited a state law that said that your voter registration does not move while you are incarcerated.

Street said Nutter wanted him off the ballot because he might siphon votes from the city's poorest neighborhoods.

"He understands if they have an alternative and they are satisfied with me, he cannot win this election,” Street said.

Street says he plans to resume campaigning and called on Nutter to participate in a debate.

“Oh I want to debate him so bad, so bad," Street said.

UPDATE, 4 p.m. -- A spokeswoman for Mayor Nutter's campaign said the mayor will not challenge the ruling.

"Being mayor of the fifth largest city in the country is a serious job, especially now with the serious challenges we as a city face," said Sheila Simmons. "That said we accept the judgement of the court and we’re going to continue our work of talking to every Philadelphia voter that we can about the mayor’s vision for the future and his accomplishments over the last three years."

As for a debate, Simmons indicated it was likely, saying: "Michael has always debated his opponents so I don’t expect this campaign would be any different."