Appeals court upholds lower court’s decision to keep Duggan off ballot
DETROIT – Mayoral candidate Mike Duggan will not be on the 2013 ballot. The Michigan State Court of Appeals, today, has affirmed Third Circuit Court Judge Lita M. Popke’s decision to take Duggan off the upcoming August ballot. In a majority opinion, the three-judge panel found that Duggan did not meet the Detroit City Charter qualifications for elected office.
“We hold that Duggan has not met the qualifications for elected office by the plain terms contained in the charter.”
Judge Popke ruled, June 11, that Duggan had failed to fulfill the Detroit City Charter requirement to be a registered voter for a year at the time he filed his candidacy. In a 22-page decision, Popke said the City Charter’s language was “clear” and “unambiguous.”
Mayoral candidate Tom Barrow, who filed to have Duggan removed from the ballot, said the decision restores Detroiters faith in the objective rule of law.
“This is the best solution for the City of Detroit. The Court in upholding the new Detroit City Charter restores Detroiters’ faith in the objective rule of law and in treating all citizens the same regardless of wealth and stature.”
Duggan’s campaign responded with the following statement:
“After receiving word that the Michigan Court of Appeals has affirmed Judge Popke’s ruling that he is ineligible to appear on the August 6 ballot for Mayor, Mike Duggan will take the rest of today to consider his options.”
Duggan will make a statement at a press conference tomorrow morning.