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Surrounded by supporters and family in Anacostia, McDuffie, who has represented Ward 5 on the D.C. Council since 2012, said he hadn’t made a decision about his future. He told reporters that he had sought out guidance on his eligibility before he got into the race. An array of lawyers, law professors and other experts, he said, “thought the challenge would be tossed.”
“When I heard 14 days ago that the Board of Elections ruled that I wasn’t qualified, I was shocked,” McDuffie said. “I’ve been running for attorney general for 179 days, and never once did it seriously cross my mind that I wouldn’t be on the ballot in June.”
McDuffie’s supporters have rallied to his defense ever since the board’s ruling, which determined that McDuffie — who worked as a trial attorney with the U.S. Justice Department and an assistant state’s attorney in Prince George’s County before he joined the D.C. Council — was not eligible to run for attorney general because he had not been actively engaged as an attorney during the previous 10 years that he’s been a council member.
McDuffie exhausted just about every legal avenue available to him in his attempt to stay on the ballot; a panel of three appellate judges last week unanimously upheld the board’s ruling. Days later, the D.C. Court of Appeals voted not to rehear the case after McDuffie petitioned for another appeal before the full court.
His supporters have written op-eds, held protests and even lobbied council members to intervene by way of emergency legislation that could help “clarify” the statute’s requirements — a last-ditch effort to get him back on the ballot. McDuffie confirmed news reports Monday that he had conversations with some of his colleagues on the council about potential legislation, comparing his situation with the council’s unusual move in April 2016 to make sure Sen. Bernie Sanders (I-Vt.) could appear on the ballot as a Democratic candidate.
He also pointed to an amicus brief filed by eight current and former council members, in which they argued they would not have written the statute to create the city’s independent attorney general in such a way that could prevent one of their own from running. He said the council should act to remove ambiguities from the statute.
“Eight members of the council of the District of Columbia said the Board of Elections got it wrong,” McDuffie said, arguing that the statute should have been interpreted more inclusively and that it should be up to the voters to decide. “So the council must act, and I think most people agree with that.”
But it appeared there was little appetite for such legislation among the D.C. Council at the moment. Council Chair Phil Mendelson (D) said Monday that he would not introduce the emergency legislation himself, even though he disagrees with the board’s decision. He said council members have had conversations about the issue in recent days, but by Monday afternoon, none of them had introduced a bill.
In announcing his campaign for attorney general last fall, McDuffie opted not to seek reelection for his Ward 5 council seat, leaving his political future in doubt. Addressing speculation that he could continue his campaign as a write-in candidate or even seek to run as an independent in another race during the general election, McDuffie said he had not decided on his future and would consult with his family first.
“What I do know is I made a commitment to serve my city a long time ago,” he said. “This only deepens my resolve to
serve our city.”
Julie Zauzmer Weil contributed to this report.
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