Horserace
March 26, 2008 5:00 PM

Judge: Michigan Primary Law Unconstitutional

By
Brian Montopoli
Topics
Michigan
A federal judge today ruled that the Michigan law establishing the state's Jan. 15 presidential primary is unconstitutional. The reason? The law unfairly prevents minor parties from access to voter lists.

Because Michigan held its primary before Democratic National Committee rules permitted, the DNC stripped the state of its delegates to the party convention. The candidates boycotted the state, and Obama's name did not appear on the primary ballot.

The Hillary Clinton campaign seized on the decision to urge the Barack Obama campaign to support a new, party-run primary, the results of which would ostensibly replace the Jan. 15 primary results.

"Michigan voters must not be disenfranchised and the Obama campaign must not continue to block Michigan's efforts to hold a new vote," Clinton campaign manager Maggie Williams said in the statement. "Rather it should move quickly to announce its support for a party run primary."

As CBS News chief political consultant Marc Ambinder notes, the ruling does not mean that a new primary must be held – the judge left that question up to the parties themselves.

"...the ruling today means nothing more than a chance for her to make the case again for a re-vote," Ambinder writes.

The Clinton campaign has been pressing for a revote in the hope that delegates from Michigan (as well as Florida, a state similarly penalized) would help her close the delegate gap on Obama. In the latest CBS News delegate count, Obama leads Clinton 1618 to 1491.

Add a Comment See all 53 Comments
by illinoisvote March 29, 2008 5:35 AM EDT
Obama Knows His Way around a Ballot by David Jackson & Ray Long, Chicago Tribune
http://www.chicagotribune.com/news/local/chi-070403obama-ballot,0,1843097.story?,page=1
Some say his ability to play political hardball goes back to his first campaign%u2026.His overwhelming legal onslaught signaled his impatience to gain office, even if that meant elbowing aside an elder stateswoman like Palmer%u2026Obama%u2019s first campaign clouds the image he has cultivated throughout his political career%u2026first entered public office not by leveling the playing field, but by clearing it%u2026
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by sapphirenigh March 29, 2008 2:42 AM EDT
Thank you, BLKPRESIDENT, for recognizing Hillary Clinton is the most competent candidate. Perhaps if more men could put their fear of women aside, more would call for the less progressive, less insightful, and less detail oriented Obama to withdraw.
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by blkpresident March 29, 2008 12:38 AM EDT
Irishwench,

Sounds like you have lived a rich life, embracing other cultures and gaining a healthy respect for the notion that beyond our different skin tones we really are members of a single race--the human race. Of the three remaining candidates only Obama reflects all that is America, and where his two opponents only bring singular tones, he is the voice of plurality, encompassing all of America. All that lil'' woman has to do is simply drop out and we can make some history the whole nation can be proud of.
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by sweetypaws March 29, 2008 12:30 AM EDT
Obama could have left his name on the ballot, but opted not to. Instead, he participated in influencing the "none of the above" option believing it would embarrass Hillary and play to his favor later on. The plan backfired. It''s time for the lawyers to jump on the bandwagon and recognize that because Obama did not just remove his name, but then influenced the none of the above option; that he influenced that primary ticket. Therefore, the votes should count. Obama''s percentage of the none of the above votes should be apportioned by percentage based on where everybody was going into Michigan. Hillary is the only candidate who has consistently stood up for the people in all states. She is truly a leader for all of the people all of the time, not just some of the time! Hang in there Hillary, and anyone and everyone out there with power to make the MI and FL votes count need to enforce Obama''s manipulation of the none of the above voting option and count that as his share of the votes.
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by blkpresident March 29, 2008 12:25 AM EDT
sapphirenigh,

It''s clear from your comments who you are supporting for president. It''s also clear that should she not secure the Democrtaic nomination that you believe the rival Republican is more worthy of your vote than the only individual who really makes sense. It''s your vote, so it''s yours to waste as you see fit. First, Geraldine Ferraro (1984) and now Lil'' Hillary (2008). Same ***, same results.
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by jaykay221 March 28, 2008 5:23 AM EDT
leedoria: Did you hear what the judge said? The original vote was unconstitutional - you can''t seat as per the vote when it is unconstitutional and under the conditions Obama would be awarded no delegates because his name wasn''t even on the ballot. Before the primary was run the candidates and the voters were told - these results will not count. That information effected the choices of the candidates and the voting behavior of the voters - it is that simple. The easiest and cheapest way to sit the delegates is to split them. That way they get to participate.
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by sapphirenigh March 28, 2008 4:47 AM EDT
To BLKPRESIDENT:

The best option for democrats this year doesn''t believe the typical white woman is a scared racist and hasn''t sat in a pew for twenty years listening / not listening / selectively listening to vitrolic racist comments from a "mentor."

The best option has the experience, knowledge and ability to get the hard job ahead done--and actually shows up to meetings and makes the tough calls the job requires.

After 8 years of an incompetent outsider, we are hopelessly embroiled in another Vietnam-like conflict and our economy is in the toilet bowl with our enemies having fun flushing the bowl.

The last thing we need is another incompetent outsider making even a bigger mess of things. McCain would be a better choice for democrats than that!

And no degree of vitrolic misogyny from troglodytes will help the U.S.A. or your candidate!
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by leedoria March 28, 2008 4:10 AM EDT
Michigan and Florida delegates must be seated, votes must be recognized and counted, this is the democratic way. To split the votes equally between two candidates was not the intent of the voters.
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by sapphirenigh March 28, 2008 4:04 AM EDT
Michigan and Florida voters should be heard. They may go for Clinton (again) or Obama (this time) or Mickey Mouse (at this point). However they vote, they should be heard. The state officials tried to hold an early vote, and they were sanctioned in that their early vote counts have been discounted. Fine, throw out the unsanctioned voting, but the voters should be heard.
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by blkpresident March 27, 2008 9:35 PM EDT
fl_vet,

I''m not trying to hear that dribble. Furthermore, what "dirt" are you imply that is associated with Obama? If you''re stumped for an answer, I understand ''cause it''s pretty hard to find a speck of dirt on someone clean. Face it, lil'' missy lost--deal with it!
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