FLINT, MI - A county judge has been asked to make the final call on whether Flint Councilman Scott Kincaid can run for both his current position and mayor on the November ballot.

On Tuesday, Aug. 15, County Clerk John Gleason filed a complaint with the court asking Genesee County Circuit Judge Judith A. Fullerton for declaratory judgment over whether Kincaid can take up two spots on the ballot.

Gleason is also asking the court to expedite the case so that he has time to print the correct ballots before the election on Nov. 7.

Kincaid, 64, announced during a news conference on Friday, Aug. 11, his decision to challenge Mayor Karen Weaver for her job in the November recall election.

According to the complaint, penned by County Prosecutor David Leyton, the new recall law - enacted by Gov. Rick Snyder in 2012 - is unclear as to whether Kincaid is correct in his belief that he is allowed to run for both mayor and his Ninth Ward council seat in November.

"Because the recall law is silent as to candidacy withdrawals, it might appear that the general election law would apply," Gleason's complaint states. "Therefore ... the general election law applies because there is not conflict. Under this theory (Kincaid) must select which office for which he wishes to run or risk not being allowed to run for either office ... On the other side, however, because the deadline for withdrawing from city council contention has passed, there is an argument that (Kincaid) may only run for city council, as well as arguments supporting (Kincaid's) position that he may run for both city council and mayor."

According to the complaint, Fullerton's ruling on the matter would avoid a "multiplicity of litigation" expected to occur if Gleason - acting as county clerk - were to make a judgment on the matter.

During his news conference Friday, Kincaid said that he expected the issue to go to court, but that legal advice led him to believe that, because the mayoral recall was placed on the ballot months after the filing deadline for his council seat, he is in the clear to run for both positions in November.

The councilman said he believes recall law takes precedence over general election law.

"I'm not surprised this was taken to court, but a little disappointed," Kincaid said. "If someone didn't like the fact that I was running for two positions, it seems like they could have made that decision, but now a judge will decide."

Kincaid said that before filing to run for mayor, he consulted with state and local elections officials, none of whom could give him a definitive answer on whether he was allowed to run for the two seats simultaneously. He said the fuzziness in the updated recall law needs to be examined and amended by the state, no matter the outcome of Fullerton's ruling.

It is unclear what would occur if Kincaid were to win both the mayoral and council elections.

The councilman said, however, that it is certain -- no matter the judge's ruling -- that he will appear on the ballot for his Ninth Ward council seat.

Including Kincaid, 17 people have filed to challenge Weaver for her position in the November election.

Unlike previous mayoral recalls, in which an initial election to recall the office was followed by another election to fill the seat if the incumbent was ousted, the process is now condensed into one vote.

Court dates in the matter have yet to be announced, but Kincaid said he believes attorneys are hoping for a ruling within the next week.