Is this it for Duggan's Mayoral bid? [UPDATE: Election Commission Certifies Duggan]
Not that Barrow should be taken seriously on most anything, however, I don't see how he doesn't have a point here.
Quote:
The new city charter, which took effect Jan. 1, 2012, says candidates for elected office must be city residents and registered voters for one year before they file for office.
“As Mr. Duggan is not in compliance with the Detroit charter’s residency requirement, he is ineligible for elective office on the Aug. 6, 2013, primary ballot,” Barrow’s complaint says. “This is a routine matter in failing to comply with the Detroit city charter’s residency requirement and non-certification is mandated.”
http://www.freep.com/article/2013052...-Detroit-mayor
The defense Duggan's team is claiming is that the meaning of the provision is that they must be a resident for a year prior to the filing deadline and NOT the date of filing. Is it just me or is that a stretch? The provision reads as follows:
Quote:
ARTICLE 2. GENERAL PROVISIONSSec. 2-101. Qualifications for Elective Officers and Appointive Officers.
A person seeking elective office must be a citizen of the United States, a resident and a qualified and registered voter of the City of Detroit for one [[1) year at the time of filing for office, and retain that status throughout their tenure in any such elective office. In addition, any person seeking office from a non at-large district must be a resident and qualified, registered voter in such district for one [[1) year at the time of filing for office, and retain such status throughout their tenure.
For any appointive city office, a person must be qualified to perform the duties of the office at the time of assuming the office and at all times while holding the office. The person’s citizenship, residence and voter registration status shall be as required or permitted by this Charter or applicable law.
COMMENTARY: The 1997 Charter has no stated durational residency requirement for elected officials. In contrast, consistent with state and federal law, this Charter imposes a one [[1) year residency requirement for persons seeking elective office. An additional qualification for candidates seeking election from a non at-large district is that they reside in that district for at least one [[1) year prior to filing for office. Requiring that candidates for elective office reside for a specified period of time in the community they seek to serve makes it more likely that elected officials will be intimately familiar with the unique issues impacting their communities.
Lastly, the residency requirement for appointed officers has been eliminated as inconsistent with state law and modified to reflect the City of Detroit‟s right to establish residency requirements for employees as currently provided by law. MCL 15.601, et al.. This section now requires that appointed officers be qualified to perform the duties of the office at the time of appointment and throughout their tenure
How can any of that be interpreted as Duggan claims? Also...how could they be so stupid as to even make it an issue?
Lisa Howze alleges that both Duggan and Barrow are ineligible....
http://motorcitymuckraker.com/2013/0...e-mike-duggan/
Now this appears like it might have some legs...
[[1) vs. Duggan because he had not met the residency requirement prior to circulating the petitions for signature and
[[2) vs. Barrow because he had met the residency requirement but received his signatures several days prior to the first eligible day to circulate petitions.
Interesting.
Quote:
State Rep. Lisa Howze, among the four leading mayoral candidates, said Duggan and fellow candidate Tom Barrow failed to properly circulate petitions for candidacy.
“I am challenging the legitimacy of Mr. Duggan’s candidacy on the grounds that he solicited petition signatures for nomination to the Office of Mayor at a time when he was not eligible to be nominated,” Howze said. ”Any and all signatures obtained prior to the one-year anniversary date of Mr. Duggan becoming a qualified registered voter of the Ciy of Detroit should be rendered null and void. Mr. Duggan should be disqualified as a candidate for mayor and promptly removed from the August 6thPrimary ballot.”
Howze’s allegations are similar – but not identical – to those made by perennial candidate Barrow. Both contend Duggan, who moved to the city last year, is ineligible to run because he was not a registered voter long enough in Detroit.
According to the city charter, “A person seeking elective office must be a citizen of the United States, a resident and a qualified registered voter of the City of Detroit for one year at the time of filing for office and retain that status throughout their tenure in any such elective office.”
Howze is asking the city clerk and Detroit Election Commission to remove both candidates from the Aug. 6 primary ballot.
“As for Mr. Barrow, by his own admission during an interview on Thursday, April 25, 2013 on Fox 2 News Let It Rip, he stated that he had obtained all petition signatures in one day during the 2012 presidential election held on Tuesday, Nov. 6, 2012. According to sources at the Detroit City Clerk’s office, candidates running for office in the 2013 election were not allowed to circulate petitions any sooner than 180 days before the May 14, 2013 filing deadline. Therefore, the earliest date to circulate petitions for the Office of Mayor would have been Nov. 16, 2012. If indeed, 100 percent of the signatures submitted by Mr. Barrow on April 25, 2013 had been obtained 10 days prematurely on Nov. 6, 2012, then all signatures should be rendered null and void and the City Clerk and Detroit Election Commission should promptly remove Mr. Barrow from the August 6th Primary ballot,” Howze wrote in a press release.