Mike Duggan finds himself in a fix because he registered to vote in Detroit on April 12, 2012. He filed his petitions to run for Detroit mayor on April 2 of this year.
The new Detroit City Charter states someone running for mayor must be a resident of the city for a year when he or she files. The Michigan Court of Appeals says Duggan falls 10 days short of the qualifications.
"I don't understand it. I don't understand people's right to able to vote for the candidate they want being knocked off on a question of I filed two weeks too early. That makes no sense to me," Duggan said. "But we are where we are."
Duggan's road ahead with the Michigan Supreme Court -- if he goes that route -- is tenuous, at best. There is no guarantee the court would even hear his appeal.
"The Court of Appeals and the Supreme Court have usually aired on the side of ballot access. However, this is more of an indictment on how poorly the Detroit City Charter was drafted," said Joe Munem, political consultant.
Fellow mayoral candidate Tom Barrow, who sued to get Duggan off the ballot, gets the victory.
"In the bet interest of all the residents of the city of Detroit, Miss Winfrey must immediately resign and take responsibility for this debacle in the wake of this devastating decision against her judgment and performance as city clerk and chief election officer," said Barrow.
Barrow's attack on City Clerk Janice Winfrey is typical and she is not resigning. Winfrey is used to his legal threats.
"After every election he files suit. And all of it has been thrown out," said Winfrey.
The clear winner right now is Benny Napoleon. If the other front runner is out of the race, Napoleon's life just got a little easier.