While Rob Ford’s legal team maps out a plan to win his appeal, Ford’s political machine is busy working on a strategy to keep at least one Ford in the mayor’s office.

If Ford is banned from running in a by-election, his councillor brother would run in his place. The mayor would then turn his attention to provincial politics, which Doug Ford had been planning to do this year.

This worst-case scenario plan is being floated among Ford’s inner circle, according to two political organizers, in the wake of a conflict of interest ruling that could see Toronto’s mayor removed in less than two weeks.

Hours after Justice Charles Hackland concluded Ford had violated municipal conflict of interest legislation and would need to step down, those closest to the Ford brothers gathered in Etobicoke to figure out the family’s next move.

Plan A is to get the ruling overturned. Plan B is for the mayor to win a by-election.

But there is significant doubt that Ford is legally able to participate in a by-election. In his decision, Hackland stated Ford could run after the “current term.” On Tuesday, Toronto’s top lawyer, Anna Kinastowski, told council she believes the wording bans Ford from office until 2014.

The elder Ford said their lawyers believe Kinastowski is wrong and they plan to seek judicial clarification. When asked if he would run in his brother’s place, the councillor shrugged.

“Well, I can’t comment, I can’t comment, but all I can tell you is Ford Nation is rallied like they’ve never been rallied — even before the (2010) election — and they’re ready to go … Rob’s gonna run and Rob’s gonna win.”

Nick Kouvalis, the mastermind behind Ford’s 2010 victory, says he is not working on any campaign — yet. But he also laid out a theme that could serve Ford should he have to face voters again in the near future.

“This is Canada, where the people elect their leaders. In Pakistan, judges choose their leaders. In Egypt, military commanders choose their leaders. Council should allow the people to choose their mayor, and Ford should be able to be judged by the people,” said Kouvalis, who also served a stint as the mayor’s chief of staff early on.

This isn’t a case of alleged corruption, Kouvalis continued. “He was raising money for under privileged kids.”

Councillor Ford said that if they had their way, a by-election would be called immediately.

“Our team is ready… We’d go tomorrow if we had the chance, but we’ve gotta go for the stay and the appeal. See what happens,” he said.

The Fords are hoping it doesn’t come to an election.

On Dec. 5, Ford’s lawyer, Alan Lenczner, will face a three-judge panel in Divisional Court to request a stay of Hackland’s ruling. This would keep Ford in office until the appeal is dealt with. The appeal could be heard as early as Jan. 7.

The legal community appears divided as to how this will play out.

Former Ontario attorney general Michael Bryant believes Ford will win his stay, “Because if the Superior Court is found to be wrong, Rob Ford can’t get that time as mayor back, nor can the people who voted for him. Because there will be chaos otherwise,” Bryant said.

In one nightmare scenario, Ford could lose a by-election and a new mayor be put in place, only for Lenczner to win his appeal. Then there would be two mayors.

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“This is too important to fall at the feet of a single judge; it requires appeal courts and probably the Supreme Court of Canada’s final word.”

That said, Bryant noted the “legally correct” option would probably be to stick with Hackland’s ruling until the appeal process is finished; to do otherwise undermines the purpose of the conflict of interest statute.

Lenczner’s appeal strategy is still unclear, although people within Ford’s circle point to a section in Hackland’s decision where the judge suggests the law is flawed.

In his 24-page ruling, Hackland calls the Municipal Conflict of Interest Act a “blunt instrument” when it comes to penalties. He laments that “it does not allow for appropriately broad consideration of the seriousness of the contravention or of the circumstances surrounding the contravention.”

Councillor Ford said they plan to go after the flawed legislation.

To this, Bryant responds that, in the past decade, the McGuinty government consulted heavily with Ontario cities — particularly Toronto — about the Act during a massive legislative review.

“Trying to pin this on a wonky statute is misconstrued — there was no desire to change it,” he said.

A new poll from Forum Research suggests the Ford brothers hold similar support with voters, although MP Olivia Chow — who has yet to say she wants to run for mayor — is the clear favourite. In an automated phone survey conducted the day of Hackland’s decision, the mayor finished second, with 32 per cent, in a race against other potential contenders — Councillor Adam Vaughan, Councillor Shelley Carroll, and Chow, who pulled 41 per cent.

Swapping brothers in the match-up, Councillor Ford also came in second, but with 26 per cent behind Chow’s 40 per cent.

Forum’s poll is accurate plus or minus 3 percent, 19 times out of 20.

Ford’s troubles stem from a council meeting earlier this year, in which the mayor spoke to, and then voted on an item that Hackland found financially benefitted him. Ford had been ordered by council to repay $3,150 in donations to his football charity, which he had improperly solicited from lobbyists using city letterhead while still a councillor. Council, and Ford, voted to overturn that order.

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