The state Court of Appeals this morning ruled incumbent Mayor Jim Fouts and mayoral contender Kathleen Schneeberger will remain on the August election ballot and don’t have to reveal their dates of birth.
The ruling stems from a Macomb County Circuit Court lawsuit filed against the Warren Election Commission and its members seeking to block the two from appearing on the ballot on allegations they violated an election mandate for failing to disclose their age.
The three mayoral challengers behind the suit, City Council member Kathy Vogt and residents Joseph Hunt and James McDannel, argued they provided their age in affidavits prior to the May 10 filing deadline and Fouts and Schneeberger should have done the same.
Circuit Judge Richard Caretti ruled Monday that the pair can appear on the ballot, but ordered each to turn in a new affidavit containing their age within a week.
Rob Huth, the attorney representing Warren’s Election Commission, said the appeals court today upheld Caretti’s ruling to allow the pair to appear on the ballot. But the three-judge panel did not agree with Caretti’s order to have each provide their age. It’s not required under state law, the appeals court ruled.
“We’re thrilled that the people of Warren will chose the next mayor instead of the judicial branch choosing the next mayor,” Huth said today.