Comments on: Judge: Dascola on Ward 3 Ballot http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/?utm_source=rss&utm_medium=rss&utm_campaign=judge-dascola-on-ward-3-ballot it's like being there Tue, 16 Sep 2014 04:56:38 +0000 hourly 1 http://wordpress.org/?v=3.5.2 By: John Floyd http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310294 John Floyd Wed, 21 May 2014 19:55:14 +0000 http://annarborchronicle.com/?p=137250#comment-310294 Dascola made the ballot? Now THAT was a close shave.

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By: Dave Askins http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310257 Dave Askins Wed, 21 May 2014 13:56:16 +0000 http://annarborchronicle.com/?p=137250#comment-310257 Larry,

Wieder actually included your experience in his response to the city’s motion to dismiss, pointedly contrasting the way you (a Democrat) were treated, compared to the way that Scott Wojack (a Republican) as treated just three years later. From the brief:

For example, Democrat Lawrence Kestenbaum was allowed to run for Fourth Ward Councilmember in 1999, even though he had not lived in the ward for one year. In 2001, Scott Wojack filed petitions to run for Council as a Republican against incumbent Democrat Robert Johnson in the city’s First Ward. Although he had been a registered voter in the city for some time, he had moved within the city during the previous year and had not been residing in the First Ward for a year. Unless Mr. Wojack appeared on the ballot, Mr. Johnson would be running unopposed.

We followed up this short brief with more detailed coverage late yesterday: [link]

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By: Alan Goldsmith http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310255 Alan Goldsmith Wed, 21 May 2014 13:04:16 +0000 http://annarborchronicle.com/?p=137250#comment-310255 “In 1999, I was able to run for city council from the 4th ward, even though I had not been a registered voter in that ward for the supposedly required one year. In other words, the city used the rule against Bob Dascola, but not against me!”

It appears this decision to suddenly enforce the invalid law against Dascola was more of a political decision than a legal one.

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By: Larry Kestenbaum http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310200 Larry Kestenbaum Tue, 20 May 2014 21:35:28 +0000 http://annarborchronicle.com/?p=137250#comment-310200 I am very pleased to see this result, and I am just baffled as to why the city government sought to enforce this void requirement.

In 1999, I was able to run for city council from the 4th ward, even though I had not been a registered voter in that ward for the supposedly required one year. In other words, the city used the rule against Bob Dascola, but not against me!

Kudos to Tom Wieder for his handling of this case.

Thanks also to the judge for a timely ruling. We will soon be printing ballots for the August 5th primary.

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By: Edward Vielmetti http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310199 Edward Vielmetti Tue, 20 May 2014 21:29:18 +0000 http://annarborchronicle.com/?p=137250#comment-310199 I was happy to see that the city will pay legal fees.

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By: Michael Woodyard http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310197 Michael Woodyard Tue, 20 May 2014 20:30:42 +0000 http://annarborchronicle.com/?p=137250#comment-310197 It’s not every day that a court cites all the way back to Marbury v. Madison (an 1803 Supreme Court opinion) for the proposition that the judiciary is responsible for interpreting the law.

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By: Jack Eaton http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310195 Jack Eaton Tue, 20 May 2014 20:06:07 +0000 http://annarborchronicle.com/?p=137250#comment-310195 From the opinion:

“In sum, the Defendants have provided absolutely no authority as to why this Court should simply abandon the basic principles of law that have formed the foundation of the United States legal structure for over two hundred years. The Court refuses to do so at this time.”

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By: Dave Cahill http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310194 Dave Cahill Tue, 20 May 2014 20:03:52 +0000 http://annarborchronicle.com/?p=137250#comment-310194 This is an unusually vigorous opinion, accusing Postema of trying to subvert the federal system and of a variety of other political and legal sins. It’s well worth reading in detail.

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By: Alan Goldsmith http://annarborchronicle.com/2014/05/20/judge-dascola-on-ward-3-ballot/comment-page-1/#comment-310190 Alan Goldsmith Tue, 20 May 2014 19:16:19 +0000 http://annarborchronicle.com/?p=137250#comment-310190 Sounds like it’s time for a new City Attorney with a better grasp of the law.

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