A Philly judicial candidate was knocked off the ballot because his wife lives in Lower Merion

A residency challenge that got a Democrat running in the May primary for Philadelphia judicial races kicked off the ballot raised a thorny question: What makes a home?

For Mike Huff, a Democrat running for a spot in the Court of Common Pleas and Municipal Court, his residence is now undoubtedly in Philadelphia, where he says he moved and has spent almost every day since May 2024, occasionally annoying his neighbors with his music and forgotten laundry in the shared machines. Huff says home is where he pays utilities, has taken rideshares, and his catalytic converter was almost stolen in his Mount Airy neighborhood.

But the Philadelphia Democratic Party cast aspersions toward the “move” they say was conveniently timed to make Huff a resident ahead of judicial elections, going as far as questioning his marriage arrangement in court.

Huff told a Commonwealth Court judge Friday he has no intention of separating from his wife Shirlee Howe, and they are happily married, but he always wanted to move back to Philly once his children left for college. When he finally moved to the city, his wife stayed in Lower Merion where she is a Democratic committeeperson. A residency challenge filed in March on behalf of Philadelphia Democratic committeeperson Julian Domanico argued Huff’s living arrangement doesn’t align with a particular line in the election code that basically says a married person’s residence is where their family lives, “except where the husband and wife have actually separated and live apart.”

The challenge Huff faced added a bit of conspiratorial flair to what make for generally sleepy races. The hearing Friday meant to get to the bottom of the residency issue felt a bit like a Dick Wolf drama, even as Huff read from mattress receipts, W-2s, and listed every item with which he furnished his Mount Airy apartment in painstaking detail.

When Gregory Weyer, Domanico’s attorney, asked Huff if he loved living in Philadelphia more than he loved living with his wife, some of the people watching let out small gasps.

Weyer argued that because Huff was not separated from his wife and had no intention of doing so, he is a resident of Bala Cynwyd under the law. Meaning, as a technical resident of Montgomery County, Huff could not move forward as a judicial candidate in Philadelphia, despite backing from progressives and big endorsements from prominent politicians such as District Attorney Larry Krasner and State Sen. Nikil Saval.

Ryan Hancock, Huff’s attorney, argued the Pennsylvania constitution does not define residency but insisted his client had met the requirements to run for office in Philadelphia. Hancock argued that determining residency by where one’s spouse lives is based on a “sexist view” and misconstruction of the election code. Huff has to establish residency in order to run for office, not his wife, argued Hancock.

Commonwealth Judge Lori A. Dumas sided with Weyer Tuesday, writing Huff “had to prove that his family intended to make Philadelphia their principal home indefinitely,” which he did not, removing him from both judicial races.

“We acknowledge Candidate’s testimony and evidence for the proposition that he lives in Philadelphia,” Dumas wrote, referencing the multiple neighbors who testified to Huff living in Mount Airy. “But Candidate presented no testimony or evidence about when his family would move from Bala Cynwyd to Philadelphia.”

According to Huff’s campaign website, as an attorney, he’s handled cases “ranging from misdemeanors to complex homicides, financial crimes and federal death penalty trials.” He’s also represented Black Lives Matter protesters, encampment occupants and organizers on the Benjamin Franklin Parkway, as well as fair housing advocates in Kensington. He has also been involved in get-out-the-vote efforts and canvassing.

Running for judge felt like a natural next step, he said in court.

Judges for Philadelphia’s Court of Common Pleas, which includes a portfolio of civil and criminal cases, appeals from the minor courts, as well as cases involving children and families, serve 10-year terms. Municipal Court handles civil cases, processes all county arrests, and houses a traffic division with judges elected to six-year terms.

At least some of the tension in Friday’s hearing seemed to stem from the fact Weyer was a candidate for judicial judge himself and withdrew days after filing the residency objection on behalf of a Democratic committeeperson. Huff, who received a coveted recommendation from the Philadelphia Bar Association, slipped in the fact Weyer did not receive such an endorsement during one of their brusque exchanges.

“We’re going to be civil to each other,” interjected Dumas after one particularly persnickety back-and-forth between Weyer and Huff.

Another force at play was the Philadelphia Democratic Party, which did not include Huff in its endorsements. During his testimony, Huff mentioned an exchange in which a fellow Democrat informed him he would not receive the backing of the party, though he ultimately decided to run anyway.

Party chairman Bob Brady said Tuesday the challenge was simply an effort to protect Democratic candidates who live in the city and nothing personal against Huff.

“He’s a nice man, he’s a qualified attorney, but he’s qualified to run in Montgomery County,” said Brady, taking special aim at the Philadelphia Bar Association for not catching the residency discrepancy.

Huff’s campaign was not available for comment Tuesday, but later on Facebook his team took a swipe at the Democratic City Committee and Brady for their “broader effort to push progressives out of the party.”

“As Mike established that he resides in Philadelphia, it should be up to the voters to decide if they find a candidate’s marital living arrangement as a valid reason to vote for or against a candidate,” wrote the team, adding they disagree with the ruling and are exploring every legal option.

In court, Weyer cast suspicion on the timing of Huff’s May 2024 move to Philly, which gave him just enough time to establish the required one-year residency to run for office. Weyer drew attention to Huff’s 20-year stint as a Bala Cynwyd resident, how his wife continues to live there, and how, in addition to his Philadelphia law practice, Huff works full time at the Montgomery County Public Defender’s Office. Huff maintains he’s often had work spanning the tristate area.

Huff never denied his time in Montgomery County.

He described a dilemma familiar to growing families. As his family grew to encompass his wife and three children, the first-floor unit of the Mount Airy triplex he and his wife owned felt small. The family searched for bigger homes in Northwest Philly, to no avail. They had better luck finding something in their budget 15 minutes out of the city limits in Bala Cynwyd, which offered a good school district, more space, and kept them close enough to Philadelphia, where his law office is located on Race Street.

In the daylong hearing, Huff said he had always envisioned returning to the city where much of his social and civic life took place. That didn’t happen until last year when his twin sons were halfway through college. His wife stayed in Bala Cynwyd, and the pair are not separated. They simply dine together at area restaurants and Huff testified that he’d spend a few nights a month in Bala Cynwyd. Huff lives in the triplex he and his wife bought in 1999 and rented out during their time in Montgomery County.

Huff’s upstairs and downstairs neighbors offered some levity, testifying that, yes, Huff did live in their building. He not only took over maintenance duties but they see him and hear him all the time, maybe too much — his downstairs neighbor would like him to take off his shoes when he’s home to dampen the sound of his footsteps. His next-door neighbor testified to getting whiffs of Huff’s dinner through a bedroom window that faces Huff’s kitchen. The group testified to seeing his car regularly parked on the street this year.

Huff added that he had no plans of leaving Philadelphia even if he were to lose his judicial races.

“I love that neighborhood, I love that house, I’m overjoyed,” he said of being back in the city.

Huff’s team has 10 days to appeal.