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UPDATE, 5:30 PM: Butch Hollowell, Mike Duggan's attorney called Tom Barrow's claims "frivolous."
He said the court rulings addressed Duggan's name being on the ballot and had nothing to do with a write-in campaign.
Hollowell also said that if Barrow files a court challenge to the write-in campaign, he will seek sanctions for filing a "frivolous" court motion.
10:19 AM: Tom Barrow's biggest victory in his campaign for mayor thus far has been his successful bid to boot Mike Duggan from the ballot.
That may also end up being his only victory.
The idea of Duggan running as a write-in candidate seems to undermine -- or least lessen -- the victory for Barrow.
So he's not giving up. No, not Tom Barrow.
Barrow on Monday released a letter he sent to Janice Winfrey, Detroit City Clerk, who chairs the Detroit Election Commission, telling her that she must reject any filing by Duggan indicating he's a write-in candidate. Duggan said Friday he'd file such a document today.
Barrow writes in his letter to the clerk:
As you are aware, contained in Judge Popke's order in Barrow v. City of Detroit and Mike Duggan for Mayor Committee which was affirmed by the Michigan Court of Appeals, Mr. Duggan was barred from the August 6, 2013 ballot. The order also clearly stated, in plain language, that Mr. Duggan is ineligible to be a candidate in the August 6th primary election.
In the Barrow case, both the Third Circuit Court and the Michigan Court of Appeals admonished your office and the Commission for interpreting plain language rules outside of their clear and intended meaning, and this instance, once again, presents an opportunity for your office to conduct its ministerial duties properly and in accordance with a plain reading of the law.
The Duggan camp did not immediately respond Monday morning to the letter.
In the letter, Barrow cites the court order saying Duggan is ineligible for the Aug. 6 primary.
That ruling was to determine whether Duggan could legally appear on the ballot. The ruling was based on the city charter which said Duggan had to be a resident of Detroit for a year before filing petitions for mayor. Duggan registered as a voter in the city April 16, but filed petitions on April 2. That created a big problem.
To be a write-in candidate, Duggan also must be a resident for a year before filing his intent to be a write-in candidate. Since he registered to vote in April and it is now filing in July, Duggan believes there should be no problem being a write-in candidate.
Barrow obviously doesn't agree. He writes to the clerk:
Therefore, should Mr. Duggan attempt to present documentation to your office in furtherance of a write-in campaign for the August 6, 2013 primary election, you are required, by order of the court, to reject such request.
Ok, Tom Barrow. We know where you stand on Duggan running in any shape or form. But let's hear a little more about your platform on crime and pensions and public safety.
