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    Who are the NERD fund donors Mr Snyder?

    Raise the curtain.

    Alton Davis Should Not Appear On The Nov 02 Ballot

    By JGillman, Section News
    Posted on Sun Sep 05, 2010 at 02:20:00 AM EST
    Tags: Michigan, Supreme Court, Alton Davis, Justice, Eligibility, Constitution, affidavits, Nominations (all tags)

    There is this thing called the rule of law.  And whether it is a small font designation as we have discussed recently, or something so major as an ability to be seated on the supreme court, we must try to follow as best we can.  When we KNOW the law, it shall be our guide. And when we do not, and find it by coincidence of our situation, we ought to consider a way to rectify our mistakes and mitigate the effect.

    Shall I be the first to cast stones?

    Not in the classic sense.  God has made me but one man among many.  Many men who have differing opinions, but come together at points to agree on how best we serve each other in fairness and recognizing the natural born rights we all share.  Part of those agreements make up the law to be followed by all the citizens.  I must atone personally for my own mistakes, and must also follow rules previously established, else I pay a price in some manner.

    I make no claim to be technically or morally superior.  But I will announce when I see something that is wrong.  Especially when there  still is time for it to be fixed.

    We are all by now familiar with the replacement of Michigan Supreme Court Justice Elizabeth (Betty) Weaver with Justice Alton Davis.  He was her preferred replacement, and her wish to have him seated as someone who represents Northern Michigan was honored by our sitting governor Jennifer Granholm.

    Since then there has been much discussion, particularly by myself on these pages as to the ability for Justice Davis to be able to run, or at the very least be listed as an "incumbent" on the November Ballot.  I have referenced the Michigan Constitution, showing the particular sections that are relevant, and have argued the inclusion of the line:

    "Any incumbent justice whose term is to expire may become a candidate for re-election by filing an affidavit of candidacy, in the form and manner prescribed by law, not less than 180 days prior to the expiration of his term."
    in section 2 of Article 6 would be unnecessary if it was not addressing a situation like this where a short term justice has not really "earned" the tenure title.

    My argument has been met with skepticism, from those who believe it is an either/or situation.  The argument that an affidavit OR a party nomination would be suitable.

    I have disagreed, and still do.

    My contention is that it is plain that the "incumbent" justice shall be placed on the ballot only if the incumbent has done as the constitution states, which is:

    "Any incumbent justice whose term is to expire may become a candidate for re-election by filing an affidavit of candidacy, in the form and manner prescribed by law, not less than 180 days prior to the expiration of his term."

    Perhaps I am not a trained jurist, and I would be willing to concede that the ability for the Justice to be nominated by party MIGHT be OK, IF, and ONLY IF there was no incumbent status aside his name.

    But apparently even that is too late.  According to the State of Michigan, Mr Alton Thomas Davis used the Affidavit process, and was NOT officially nominated by party.  His statement of organization(Click to enlarge):

    Was signed 08-27-10.  The state of Michigan ALSO has him listed as Affidavit only on the General election list, and it would be assumed the possibility of his filing an affidavit several months prior to knowing he would be a sitting SC justice would be nil:
    shows three candidates which are affidavit applied.

    According to the LAW as it reads in our state's constitution, "incumbents must fil that pesky affidavit out "not less than 180 days prior to the expiration of his term."

    Given my personal gratitude for Justice Davis on his correct vote along with 4 others with regard to the fake tea party inclusion on the ballot, I would have to argue this is no personal grudge or vendetta.  

    But was this revelation to come AFTER an election that would be affected by the placement of a name in the preferred manner described in section 24 of that same section, is, it seems that we would then have a bit of a constitutional dilemma.

    Justice Alton Thomas Davis cannot now be on the ballot at all, as he does not qualify under either a non incumbent status or an incumbent status per the constitution.

    - As an afterthought edit - I will request the affidavit to see if it was notarized as a convention nominee or as an incumbent application -

    < To the Livingston County Democrats - those in glass houses shouldn't throw stones | Getting To Know Your Michigan Candidates: State Rep. Rashida Tlaib (D) 12th House District >

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    I think you may be right (none / 0) (#1)
    by The Wizard of Laws on Mon Sep 06, 2010 at 08:58:23 PM EST
    When you first raised this issue, I believed -- as I do now -- that candidates could ascend to the ballot in one of two ways -- affidavits for incumbents or nomination by convention.  The latter would have saved the Davis nomination.  But now that the convention is over and the nominations concluded, I am shocked that the Democrats did not go ahead and nominate Davis.  Without a nomination, I agree he can't be on the ballot, because he can't meet the 180-day requirement.

    Now, we just have to find someone to take up the cause -- like Robert Roddis or Mary Beth Kelly, for example.  I am not sure Mary Beth would want to do it, however, because it will seem like she is trying to win on a technicality; Roddis should not have this concern.

    Keep us posted when you get the affidavit, and keep up the good work.

    • Thank you. by JGillman, 09/06/2010 10:00:31 PM EST (none / 0)
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