Below is the text of the letter Barrow sent to Detroit City Clerk, Janice Winfrey:
May 20, 2013
Honorable Janice Winfrey, Detroit City Clerk
Chairman Detroit Election Commission
Room 201 Coleman A. Young Building
2 Woodward Avenue
Detroit, MI 48226
RE: Michael Edward Duggan
Registered and Certified Mail
Return Receipt #71897654029888
Dear Madam Clerk:
Please accept this letter as Count 2 and as a Supplement and Addendum to my formal Complaint filed with your office on May 14, 2013 surrounding the above referenced candidate. The facts of that Complaint are incorporated herein as if set forth in full.
In connection therewith and in addition to the definitive issues raised in that May 14th complaint, Mr. Duggan must also be disqualified from certification by the Detroit Election Commission for the additional reason in that he does not meet the Detroit City Charter's residency requirement. More specifically, Mr. Duggan is in violation of Section 3-111(1) and Section 2.101 which prescribe as follows:
DETROIT CITY CHARTER EFFECTIVE JANUARY 1, 2013
Section 3.111(1) Residency Requirement for Elective Officers, Elected Officials Generally prescribes as follows:
"All candidates for elective office and elected officials shall be bona fide residents of the City of Detroit and must maintain their principal residence in the City of Detroit for one (1) year at the time of filing for office or appointment to office, and throughout their tenure in office." �3.111(1)
This rule of one year residency is specifically defined in the Detroit City Charter at Section 2-101, "Qualifications for Elective Officers and Appointive Officers and reads as follows:
"A person seeking [emphasis added] elective office must be a citizen of the United States, a resident and a qualified and registered voter of the City of Detroit for one (1) year at the time of filing for office [emphasis added] and retain that status throughout their tenure in any such elective office. In addition, any person seeking office from a non at-large district must be a resident and qualified, registered voter [emphasis added] in such district for one (1) year at the time of filing for office, and retain such status throughout their tenure. " Id at �2-101
As set forth with particularity in our complaint of May 14, 2013 and according to the "Affidavit of Identity" on file with your office, Michael E. Duggan filed his petitions on April 2, 2013. At the time of filing and according to the voter registration records at the Detroit Election Commission and records on file with the State of Michigan, Michael Edward Duggan of Strathcona Dr in Detroit did not register to become a Detroit voter until April 16, 2012. As a result, Mr Duggan could not and did not become a "a qualified and registered voter of the City of Detroit" until April 16, 2013 and thereafter and was therefore ineligible to seek office in the City of Detroit based on residency.
As Mr. Duggan is not in compliance with the Detroit Charter's residency requirement, he is ineligible for elective office on the August 6, 2013 Primary Ballot. Signatures submitted by Mr. Duggan should be considered surplusage until residency compliance has occurred, however, as the deadline date to become compliant for the August 6th Primary Election has now passed, his ineligibility is permanent for this cycle.
This is a routine matter in failing to comply with the Detroit City Charter's residency requirement and non-certification is mandated. Again, while a candidate may seek redress in the Wayne County Court, Mr. Duggan's negligence disqualifies him from certification to the Detroit Election Commission for the August 6, 2013 ballot.
Should you have any questions or require clarification, please do not hesitate to contact the undersigned.
Sincerely,
Tom Barrow
cc: Christopher Thomas, Bureau of Elections, State of Michigan
