Brett McClafferty, a 21-year-old who wishes to run for Mayor of Streetsboro, Ohio, says he will sue to overturn the charter provision that says Mayors must be at least 23 years old. See this story. Thanks to Carter Momberger for the link.
In Clements v Fashing, in 1982, the U.S. Supreme Court said in a 4-4-1 decision that there is no constitutional right to be a candidate. The 6th circuit had struck down other age limits on candidacy during the early 1970’s, but the current case law is against a challenge of this kind.
That’s Streetsboro, OHIO, NOT Kentucky !!
Richard,
Is there a short explanation on how the Supreme Court or another Court for that matter vote 4-4-1 or a similar count? I thought that every judge can only choose to uphold or overturn a law being appealed to them?
Thanks for the correction on the state!
The U.S. Supreme Court sometimes can’t get a majority for any particular point of view. So sometimes we get 4-4-1 decisions. Sometimes 3-3-3 decisions, sometimes 4-3-2 decisions.
Brett
I dont live in Ohio but I would certainly like to know more about your possible candidacy. Please drop me a line at james_barreca@yahoo.com
First of all the person who posted as “Brett McClafferty” is not the real Brett McClafferty, because I spoke with Brett today and he is in Columbus, Ohio and he said that he left his laptop in Streetsboro.
Second of all, the courts WILL rule the age of “23” as arbitrary. Period. As for as constitutionality, I don’t even think the courts will rule on that.
What is next in this New Age of MORON cases and judges ??
Election at age ZERO – 1 year old, NO U.S.A. citizenship needed ?
The growing New Age MADNESS is getting worse and worse.
As a candidate under 25, I find this appalling. I figure, if you are old enough to vote for yourself you are old enough to run for the office.
If he isn’t allowed on the ballot, could he still be a write-in?
No, he can’t be a declared write-in candidate. This isn’t a ballot access restriction; it is a restriction on who is eligible to hold the office.