Saturday, July 14, 2007

Exclusive: The Dover mayor's race sparks a legal challenge

It is nothing personal, but the ruling of the city solicitor that the city charter's requirement that sitting councilmen resign to run for mayor does not apply in special elections has now been appealed to the state AG. Former Council Bill Daisey filed the appeal after Councilman Carlton Carey filed for the Mayor's post.

"I have nothing against Mr. Carey", he told me, "but if they want to change the charter they should do so and not try to get around it". Mr. Daisey regards the provision as silly and opposed it on council, but said the majority rules and we should abide by it until we change it.

I was personally affected by a similar restriction when I ran for city council in the special election caused by Mr. Pitts death. I was told the resignation I submitted from the Dover Human Relations Commission was effective retroactive to my filing. This is a very interesting ruling in regard to the mayor's race, but may stand do to the fact that it says May election and does not mention a special election. It is an obvious affront to the intent of the charter provision adopted in 1992, but the technicality may prevail. Time will tell.

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