Despite challenge, Scott Kincaid will appear on Flint mayoral recall ballot

 Scott Kincaid
Scott Kincaid (WJRT)
Published: Sep. 21, 2017 at 4:37 PM EDT
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(9/21/2017) - The Michigan Court of Appeals has decided not to expedite a request seeking to remove Flint City Councilman Scott Kincaid from the mayoral recall ballot.

The denial means the court will not look at the issue until after the November election, so Kincaid can appear on the ballot Nov. 7.

Fellow mayoral hopeful Don Pfeiffer asked the appeals court to reconsider Genesee County Circuit Judge Geoffrey Neithercut's ruling that allowed Kincaid to choose between running for his Ninth Ward council seat or mayor in the special recall election. Pfeiffer was requesting an expedited appeal, which was denied.

The appeal will go forward, but at the same pace any other appeal would go through the court process. A ruling isn't likely until 2018, well after the recall election.

Kincaid will have 56 days to respond to Pfeiffer's brief and then the case will go on the regular court calendar for oral arguments.

Pfeiffer still could take his case to the Michigan Supreme Court. His attorney has not heard of any plans to do so as of Thursday.