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City attorney says federal injunction could disqualify three local candidates; county will determine eligibility
Summary
City Attorney Murray told the commission a federal judge issued a preliminary injunction that may affect candidates who filed nominating petitions during the stay-at-home orders and who did not file required campaign-organization statements; the county election commission will make eligibility determinations unless candidates intervene in federal court.
City Attorney Murray briefed the Mount Clemens City Commission on May 18 about a federal lawsuit and preliminary injunction that could affect local candidates for the August primary.
Murray said a federal judge issued a preliminary injunction on April 20 that, as written, requires candidates to meet three conditions (file a statement of organization under campaign-finance law, be required to file nominating petitions, and lack the option to use a filing fee in lieu of petition) to appear on the August ballot. Because county elections administer state primary ballots, Murray said the county's corporation counsel would follow the judge's order in determining candidate eligibility even if the order's requirements appear illogical in some contexts.
Murray explained the practical consequence for three local candidates who filed petitions under emergency conditions: those candidates do not appear to have filed committee statements of organization within the dates specified in the judge's order and therefore may be deemed unqualified unless they join or intervene in the federal litigation seeking clarification.
Murray recommended that affected candidates seek counsel and that the city follow the county's lead because the county determines eligibility for the state-run August primary.
What happens next: the county election commission will await the federal court's clarification and determine eligibility; the three local candidates may seek to intervene in federal court if they wish to challenge disqualification.
