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GOP challenges Michael Brown’s ‘independent’ claim
By: Michael Neibauer
Examiner Staff Writer
November 21, 2008
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The committee asked the D.C. Board of Elections and Ethics not to certify Brown’s Nov. 4 election victory “on the grounds that he does not meet the statutory requirements necessary to service in the office that he ran for.” The board is scheduled to certify all election results Monday.
Under the D.C. Home Rule Charter, “At no time shall there be more than three members (including the Chairman) serving at large on the Council who are affiliated with the same political party.” The goal is to ensure political diversity on the council. Chairman Vincent Gray and Councilmen Kwame Brown and Phil Mendelson, all Democrats, own the three slots.
Michael Brown, according to the GOP’s complaint, is a “prominent life-long Democrat” who voted in the 2008 Democratic presidential primary in February, and then switched his registration to “No Party” but “continued his strong Democratic affiliation.” The complaint was drawn up by attorney Charlie Spies of McKenna Long & Aldridge.
The son of a former Democratic National Committee chairman, Brown billed himself during the campaign as an “independent Democrat.” A message on his campaign Web site still touts his recognition “as a national political figure, regularly appearing as a Democratic strategist on national news programs and serving as a surrogate speaker” for Democratic presidential campaigns.
“By almost any definition you come up with of the word ‘affiliated,’ Mr. Brown would meet it,” Spies said during a conference call with reporters. “He is affiliated with the Democratic Party, and is therefore ineligible to serve.”
Brown switched to No Party status May 20. He declined comment Thursday.
Dan Murphy, elections board spokesman, would only say that the letter is under review by the general counsel. It is unclear whether the board would wade into the touchy question of whether a person is independent enough to sit on the council.
Under existing D.C. law, election challenges must be filed with the D.C. Court of Appeals within seven days of certification. District law demands a new election if Brown were to lose the seat.
In the at-large race, Kwame Brown finished first, followed by Michael Brown in second, “write-in” in third and the GOP’s Patrick Mara in fourth.
