SMRs and AMRs

Friday, October 24, 2008

Term Limits’ Future Is in Court: Two Suits Now and More Expected

By FERNANDA SANTOS
NYT

Now that the City Council has approved changing term limits to allow Mayor Michael R. Bloomberg to run again, this much is certain: The battle will move to the courtroom. Two lawsuits challenging the move are already in the legal system and more are expected.

Ten public school teachers filed a federal lawsuit on Wednesday contending that changing the law without a referendum breached voters’ civil rights and due-process rights.

Also on Wednesday, two council members filed suit in State Supreme Court charging that a vote on the extension by officials who would benefit from it would violate the city’s conflict of interest laws.

The Council’s 29-22 vote on Thursday means that Mayor Bloomberg, most of the 51 council members, the public advocate, the comptroller and four of the five borough presidents will be able to seek a third four-year term.

For the change to go into effect, it must be approved by the Civil Rights Division of the federal Justice Department, under a provision of the Voting Rights Act of 1965 known as preclearance. The process is meant to ensure that changes in election law do not adversely affect a racial or ethnic minority group.

(Continued here.)

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