Comments on: Column: Time to Fix Eligibility Rules

By: Mark Koroi

Mark Koroi — Sat, 24 May 2014 05:11:36 +0000

Does anyone know whether or not a liability insurance carrier will pick up the City of Ann Arbor’s attorney fee liability to Mr. Dascola associated with the 42 USC 1988 award of Judge Zatkoff.

You cannot blame Tom Wieder for seeking an attorney fee award herein against the City of Ann Arbor when Postema made a request for the court in his Motion to Dismiss to impose costs and attorney fees against Mr. Dascola. Sauce for the goose is sauce for the gander.

By: Rod Johnson

Rod Johnson — Thu, 22 May 2014 21:38:14 +0000

Nevertheless, Clinton *was* a resident of NY when she filed, as legally required. I’m sure Scott Brown’s case is the same, as was Bobby Kennedy’s. Even House members have to “inhabit” (per the Constitution) the state they’re representing, just not the district. The Vice President, has 49 states to choose from.

You’re right, though–House member/district “mismatches” are extremely common.

By: Vivienne Armentrout

Vivienne Armentrout — Thu, 22 May 2014 19:20:34 +0000

Re (14) Doubtless true but the campaign had been a big item in the news for months before that. Scott Brown is now thinking of New Hampshire (from Massachusetts). I’m not going to try to do fact-checking on any more examples, but I believe they are numerous.

By: Rod Johnson

Rod Johnson — Thu, 22 May 2014 18:04:21 +0000

Also, how Giannola could describe Dascola, who has been in business in the city for 40 years, as a “carpetbagger” is beyond me.

By: Rod Johnson

Rod Johnson — Thu, 22 May 2014 18:02:12 +0000

Hillary Clinton actually moved to New York (barely) before she announced her candidacy. The Clintons moved to Chappaqua in early January 2000, and announced in early February.

By: Vivienne Armentrout

Vivienne Armentrout — Thu, 22 May 2014 17:03:18 +0000

Recall that Hillary Clinton ran for Senate to represent the State of New York before living there. There are several such examples. Isn’t there someone from the Dingell district running for Congress in the U.P. this year?

I hope that we put in an explicit residency requirement. Given the emerging importance of money and organization even in local politics, we shouldn’t assume that a resident could beat an out-of-towner. I’d hate to see us governed by people who don’t live here and don’t have the interests of residents at heart.

By: Jack Eaton

Jack Eaton — Thu, 22 May 2014 15:07:03 +0000

Re: (9), Dave is technically correct. You can not cease doing something if you have never done it.

When Courts construe language that was adopted by approval of the voters, they give the terms the meaning the voters would have reasonably attached to the words when they approved them. Additionally, Courts will avoid an interpretation that causes an absurd result.

I would argue that section 12.10 was understood by the voters to mean that the Mayor or Council person must live in the City or Ward. The voiding of section 12.2 leaves us without the pre-election residency requirements, but does it change the understanding the voters had when they approved section 12.10?

I would hope that a court would avoid applying a meaning to section 12.10 that would allow a person to represent a Ward without ever having lived in the Ward while finding that a representative who moves from the Ward after an election has vacated that seat. To me, that seems absurd.

I concede that Dave has a substantive argument. Courts will often look no further than the plain meaning of the words in the provision that is being applied. I also believe that there is a substantive argument to the contrary.

By: John Floyd

John Floyd — Thu, 22 May 2014 04:05:30 +0000

Ann Arbor City Council has been a lawless bunch for years. Why change now?

By: Mark Koroi

Mark Koroi — Thu, 22 May 2014 02:35:14 +0000

At TeacherPatti:

There is no requirement that a person reside in a U.S. Congressional District in order to run for the seat in that district.

In fact, Chuck Yob ran for the seat in Michigan’s First U.S. Congressional District (covering the U.P. and northern Lower Peninsula)a few years back even though he did not live in that district and Don Volaric opposed Sander Levin for his set in the 10th District even though he was domiciled just outside the district in northern Macomb County.

Michigan judges, however, who leave their circuit or district residences are deemed to have vacated their office.

By: TeacherPatti

TeacherPatti — Thu, 22 May 2014 01:53:23 +0000

:dusts off law degree: Dave, I think you are correct. I seem to remember having a discussion about the issue of ceasing and preexisting conditions in law school in (I think it was) Civ Pro class. I have faith that we would not be silly enough to vote for someone who lives elsewhere but we should have something in writing. Vivienne’s idea is solid.

:puts law degree back in drawer, tries to purge memories: