Election twist puts council president Brenda Jones in odd spot

Kat Stafford , Todd Spangler | Detroit Free Press

In a strange twist, Detroit City Council President Brenda Jones apparently is poised to win the Democratic nomination to serve out the scant two-month remainder of former U.S. Rep. John Conyers' term, while former state Rep. Rashida Tlaib has won the bid for the full two-year term beginning in January.

In both cases, the Democratic nomination is almost certain to decide the winner on Nov. 6, since this is one of the most Democratic congressional districts in the country and there is no guarantee a Republican will even make the ballot.

But what's not clear is whether Jones, a longtime councilwoman, would want to vacate her City Council seat for such a short congressional stint.

In a statement released to the Free Press on Wednesday, Jones' campaign said, “We’re reviewing the results of last night’s election and a statement will be forthcoming.”

That decision is fraught with uncertainty, though, should she decide she doesn't want to be congresswoman for two months: Under state rules, a party nominee can't get his or her name off the ballot unless the person moves out of state, dies, has a physical ailment that keeps the person from serving or is otherwise disqualified.

And it's not clear whether she could hold both jobs: Certainly, U.S. House ethics rules say she couldn't be paid as a city council member and a congresswoman at the same time. The Michigan Secretary of State's Office declined to answer the question about holding both jobs at once and it wasn't immediately known whether state and city laws allow for it — though legal guidance on that question was being sought out.

If she can hold both, that could end any confusion. If she cannot, however, that could potentially lead to other issues.

Even if she were on the ballot, she could always refuse to be seated, presumably.

But that may make the situation murkier: Under Michigan election law, the governor would normally call a special election or "direct that such vacancy shall be filled at the next general election to be held at least 30 days after such vacancy shall occur." But the general election for the next term is being held on the same day as the special election to fill out the remainder of Conyers' term, which he vacated last December.

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Whether that means another election or no election is unclear. But then, much of the situation in the 13th District — which covers parts of Detroit, Downriver and western Wayne County — has been unsettled since Conyers stepped down amid allegations of sexual harassment and mistreatment, which he denied, after 52 years in Congress.

Rather than call an election early, Gov. Rick Snyder decided to leave the seat open until the regularly scheduled general election which was, at the time, 11 months away.

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With 96 percent of all precincts reporting in what was a four-person field for the nomination to the remainder of the term, Jones appeared Wednesday to have 30,636 votes, or 37 percent. Tlaib garnered 29,686 votes, or 36 percent. (In the race for the nomination for the full term, Tlaib had 28,645 votes, or 33 percent; Jones, 25,183, or 29 percent; Westland Mayor Bill Wild had 12,132 votes, or 14 percent; state Sen. Coleman A. Young II had 10,375 or 12 percent; state Sen. Ian Conyers, 5,453 or 6 percent, and former state Rep. Shanelle Jackson, 4,600 votes or 5 percent.)

As to why the outcomes may have been different, one reason may be that with two primaries for the same seat, some voters may have been confused. It may be more likely, however, that the smaller four-person field in the special election was the culprit, since two other candidates with key support in the black community — Young and Jackson — were not in that race.

Meanwhile, it's likely to be some time before it's determined whether anyone else is on the November ballot for either the rest of Conyers' term or the next full term: Republican David Dudenhoefer didn't make his party's ballot and needed to get, in terms of write-in votes, at least 5 percent of the total of the highest Republican vote-getter, regardless of office, in the district. It may be some time before that calculation is finalized.

If Jones wins the special election on Nov. 6, she would serve about two months — depending on when she was sworn in — as Conyers' replacement before a new Congress is sworn into office the first week of January.

According to the Detroit City Charter, if a vacancy occurs on city council, the seat is supposed to be filled by appointment, based on a two-thirds vote of council members.

"The person appointed shall serve until an elected member takes office," the city charter states. "The election to fill the vacant position shall occur at the next general election to be held not sooner than one hundred eighty days after occurrence of the vacancy."

City spokesman John Roach confirmed the city's legal staff is researching the issue but the final opinion has yet to be made.

If Jones were to leave council, the vacancy could also lead to another council member being appointed council president, which is also voted upon by council. Mary Sheffield is the current Council President Pro Tem.

Kat Stafford is the Detroit government watchdog reporter for the Free Press, covering city issues and the community. Contact Kat Stafford: kstafford@freepress.com or 313-223-4759.