Barrow Contests Duggan's Eligibility as Write-In Candidate: Legal Analysis Please....

[mam2009]

http://deadlinedetroit.com/articles/...e#.UdGnzjTVCSo

Barrow states:



Ok, obviously, I can't imagine that any ruling would apply to Duggan's eligibility as a write-in candidate, but I'm open to legal argument that he isn't.

Any comment?[/FONT][/COLOR]

I got nothin'. Duggan will have certainly met the minimum requirements regarding residency & length of time being a registered Detroit voter at the time he files his write-in paperwork with the clerk. Barrow seems to be stretching on this one, but I'll be waiting to see the decision.

By the way, I don't see anything wrong with Barrow or anyone else trying to ensure the election process has been followed. That SHOULD be the clerk's job. The integrity of the election process should be maintained. Maybe Barrow should run for City Clerk if this mayoral bid doesn't work out again.

[rondinjp]

I really, really hate saying Barrow may have a point [[I am a Duggan supporter...though not a hardcore one). But the order did say that Duggan is ineligible to be a candidate for Mayor of the City of Detroit in the August 6, 2013 primary election. To the best of my knowledge, there was no distinction between "candidate" and "write-in candidate." [[Is there a legal distinction between these?) However, filing as a write-in isn't technically being a candidate, is it? I thought it was more like "if I get enough votes, I intend to accept the decision [[be it to go on the primary ballot, or to take the office)." If I am wrong, someone can correct me.

Not sure I agree. Here is actual opinion.

"We hold that Duggan has not met the qualifications for elected office by the plain terms contained in the charter. We also hold that the durational residency requirement neither implicates, nor violates, the constitutionally based right to travel. Consequently, where Duggan has failed to meet the charter requirements for elective office, his name may not appear on the ballot. Plaintiff thus has a clear legal right to have Duggan’s name removed from the list of candidates and the Commission has a clear legal duty to perform this ministerial act"

the opinion is based off his original candidacy filing. But now he meets residency requirement so that is a moot issue.