Political News and Commentary with the Right Perspective. NAVIGATION
  • Front Page
  • News
  • Multimedia
  • Tags
  • RSS Feed

  • Advertise on RightMichigan.com


    Get the RightMighigan.com toolbar!



    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

    Display: Sort:
    Yes, I think he can. (none / 0) (#1)
    by The Wizard of Laws on Wed Sep 01, 2010 at 07:51:25 PM EST
    MCL 168.395 provides:  "Whenever a candidate of a political party, after having been nominated to the office of justice of the supreme court or having filed an affidavit according to section 392a, shall die, withdraw, remove from the state, or become disqualified for any reason, the state central committee of any party which is thereby left without a candidate nominated or indorsed by that party shall meet forthwith and, by a majority vote of the members thereof, shall select a candidate to fill the vacancy thereby caused. The name of the candidate so selected shall be immediately certified by the chairman and the secretary of said committee to the secretary of state and to the board of election commissioners for each county, whose duty it is to prepare the official ballots, and said board shall cause to be printed or placed upon said ballots, in the proper place, the name of the candidate so selected to fill the vacancy."

    Now, clearly, this section did not contemplate the kind of allegiance-shift that Weaver did, becoming a de facto Democrat, while remaining nominally a Republican or an independent.  You could say that the Democrats all along had to nominate someone and that Weaver's resignation had no effect on that.

    But, the law provides two ways for an incumbent justice to be nominated -- by affidavit or by political party.  So MCL 168.393:  "Not more than 24 hours after the conclusion of the fall state convention, the state central committee of each political party shall convene and canvass the proceedings of the convention and determine the nominee or nominees of the convention for the office or offices of justice of the supreme court. Not more than 1 business day after the conclusion of the state convention, the chairperson and secretary of the state central committee shall forward by registered or certified mail to the secretary of state a typewritten or printed list of the names and residence, including the street address if known, of the candidate or candidates nominated at the convention for the office or offices of justice of the supreme court. The secretary of state shall forward a copy of a list received under this section to the board of election commissioners of each county, in care of the county clerk at the county seat. The name of each nominee on the list shall be printed upon a nonpartisan judicial ballot containing no party designation together with the names of incumbent justices filing an affidavit under section 392a."

    So, yes, he missed the affidavit deadline, but that is permissive, not mandatory.  He can still be nominated by his party without regard to the 180-day deadline.

    • It seems by JGillman, 09/01/2010 08:11:48 PM EST (none / 0)
    • In fact the line by JGillman, 09/01/2010 08:20:42 PM EST (none / 0)

    Display: Sort:


    Make a new account

    Tweet along with RightMichigan by
    following us on Twitter HERE!
    create account | faq | search