Counteranalysis—Legal Position or Argument
Based on a Statute

Legislative Acts: Section 359-23A of the state statutes provides that to be eligible to run for the state senate, an individual must have been a resident of the state for three years.

Local ordinance § 2231 provides that an individual must be a resident of the municipality to run for a position on the city council. The ordinance does not define resident or residency.

Facts: Jerrie wishes to run for the city council. She has been a resident of the state for two years and nine months. The city clerk informs her that she is not eligible to run for city council because she has not been a resident of the state for three years. The clerk says that the city relies on the residency requirement established in § 359-23A.

Assignment: What is the counterargument to the clerk’s position?