Dascola Election Lawsuit: No Oral Arguments
In a notice to the parties in the Bob Dascola lawsuit, federal judge Lawrence Zatkoff has indicated that the two sides have agreed to have him rule on the case without hearing oral arguments. From the notice: “… the parties have indicated a desire to forgo a hearing and allow the Court to resolve the pending motions based on the arguments presented in the parties’ briefs. As such, no hearing will be held at this time.” [.pdf of notice on oral arguments]
Dascola is seeking to join Julie Grand and Samuel McMullen as a candidate on the ballot for the Aug. 5, 2014 Democratic primary – to represent Ward 3 on the Ann Arbor city council. The city has informed him that he does not meet the city charter’s one-year durational requirements for residency and voter registration. Dascola’s lawsuit is based on two federal cases from the early 1970s that found the charter requirements to be unconstitutional. The city is seeking to enforce the charter requirements based on subsequent case law in other jurisdictions.
For the most recent Chronicle coverage on the substance of the case, see: “Amended Complaint: More Dascola Filings.”
The case is being heard on an expedited schedule, so that ballots can be printed in early June.
I have seen no compelling interest the City Attorney has articulated in placing durational requirements on residency and voter registration for citizens of Ann Arbor who seek a City Council seat.
My viewpoint is that such requirements are another form of barrier that hinder certain types of people, such as students, from seeking elected office locally.
I believe that the opposition to Mr. Dascola’s candidacy is motivated by political expediency and not expressly taken at the direction of a majority of City Council members as it should have been.
A written opinion will likely issue by Judge Zatkoff within the next few weeks. It is my hope Mr. Dascola prevails and is awarded costs and attorney fees under 42 USC 1988.