Michigan Primary Move Hits Legal Snag

The timing of Michigan's presidential primary, which has been pushed up to Jan. 15, was at least temporarily derailed by a court ruling on Wednesday.

Ingham County Circuit Court Judge William Collette ruled that part of the law passed by the state Legislature setting up the primary election is unconstitutional because it prevents public access to some information related to voting records in the primary.

The ruling could be appealed. The Legislature also could go back and change the law in time for the primary to be held.

Political consultant Mark Grebner and several others sought the judge's ruling to keep Michigan's presidential primary from going forward until issues are resolved over who will have access to information showing which voters asked for Republican ballots and which took Democratic ones.

No public record would be kept, but the state political parties would be given that information, which Grebner wants.

Grebner said his intent is not to stop the primary. All he wants is access to the information that was guarded in the legislation that set up the election.

"If someone can figure out a way to save it, that's fine with us," Grebner said.

Michigan Republican Party spokesman Bill Nowling said the ruling is a "blip" in the process and can be overcome.

"There are some options available to us," he said. "The Legislature is going to have to take a look at what those are. We're confident that in fact Michigan's primary is going to be on Jan. 15 as scheduled."

Michigan Democratic Party spokesman Jason Moon declined to comment until the party had a chance to review the ruling.

Michigan Democrats who support the Jan. 15 presidential primary date said Tuesday they've got the votes on the party's executive committee to defeat any efforts to switch the date or hold a caucus instead.

The test could come Wednesday night, when the committee has scheduled a meeting at party headquarters in Lansing to vote on whether national convention delegates should be awarded based on the primary or through some other method.

The meeting's results were expected to be closely monitored in New Hampshire, where Secretary of State William Gardner said last week that his announcement of a New Hampshire primary date depends on what the Michigan Democrats decide Wednesday.

Michigan Democratic Chairman Mark Brewer and state GOP Chairman Saul Anuzis have until Nov. 14 to notify the Michigan secretary of state if they're going to stick with the primary to pick their national convention delegates or go with another method.

The Jan. 15 primary has brought Michigan more attention from GOP presidential candidates, so state Republicans are happy with it. But some Michigan Democrats want to dump it in favor of caucuses for a variety of reasons.

Collette's ruling could factor into that decision.

Collette said the compilation of the party-specific voting information for the political parties' use amounted to public money being used for private purposes. He also said it seemed inappropriate that third-party political rivals would not have access to the same information at the same time.

"It seems unfair those parties are not given the same opportunity," he said.