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Update on Justice Davis EligibilityBy JGillman, Section News
Received the affidavit.
Contrary to the published version of Mr Davis' filing HERE, it seems he accepted a nomination by the Michigan Democrat party. While writing this, the copy of the Democrat nominations arrived for verification. He was indeed officially nominated by the Democrat party. There can be no challenge to his ability to run. However, he does not meet the incumbency rule in the state constitution as he should not file as incumbent because of his short term less than 180 days.
The thing that drew my attention to this originally, is how it is strange that Denise Langford, is SHOWN as the only NOMINATED SC candidate by Democrats on the candidate roster for the state. The constitution on this issue has an interesting sidebar by the way.
It seems that in the 1963 constitution, to be designated as an incumbent, one must have been an ELECTED justice, and filed outside of the 180 days. In 1968, there was a constitutional amendment which altered the language and eliminated the "Elected" provision.
From: Sec. 24. There shall be printed upon the ballot under the name of each elected incumbent justice or judge who is a candidate for nomination or election to the same office the designation of that office. To: Sec. 24. There shall be printed upon the ballot under the name of each incumbent justice or judge who is a candidate for nomination or election to the same office the designation of that office. The people of Michigan approved this change (along with a few other sections of article 6.)which opened the doors to incumbency by nomination of the governor, as noted in section 23 as well. Also to be noted, is the fact that the 180 day requirement was new to the 1963 constitution (in section 2 - It had not existed before) and it was NOT changed with the modification of the sections of article 6 in 1968 by the voters. The sections specifically altered were 20,22,23,24, and in another amendment on the same ballot, section 30. The 180 day requirement remains a sticking point in my view, at least to the ability to call oneself an incumbent for the sake of elections.. More later.. It remains interesting.
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