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Mich. primary to be determined by court decision

November 15, 2007

The fate of the state’s new primary date continues to hang in the balance as the Michigan Court of Appeals met Thursday to hear whether circumstances surrounding the primary dare are unconstitutional.

The issue is whether it is constitutional for the political parties to hold exclusive rights to lists tracking which party people voted for when public money is used to run the elections.

Ingham County Circuit Court Judge William Collette found the law unconstitutional, which urged state officials including Attorney General Mike Cox’s office to appeal the decision.

“We are not talking about appropriating any funds, rather, the list is being given to the political parties … that is an incidental result of a closed primary,” said Matt Frendewey, spokesman for the attorney general’s office. “The fact that it is not made public is because it protects people’s anonymity.”

The list does not hold any monetary value and cannot be sold, but the list could be given to a political candidate of the party to be used for their benefits, Frendewey said.

“They can say that if they want to, but it’s bulls—-,” said Mark Grebner, the plaintiff in the case and an East Lansing-based political consultant. “They can do anything that supports or advances their activities. It doesn’t say sale, it says they can do anything to advance their activities.”

Grebner said he didn’t want the entire law thrown out, however, all products of a public election should be available to everyone and not exclusively to the parties.

During the primary election, people have to declare which party they are voting for in order to receive that party’s ballot. Republicans would receive Republican ballots and the same would go for Democrats. The lists would track which party primary each voter chose.

The court’s decision is being watched by New Hampshire’s Secretary of State Bill Gardner, who is waiting for an official word about Michigan’s election before declaring his state’s presidential primary date, according to The Associated Press.

Judges adjourned the hearing Thursday without handing down a ruling, despite understanding the situation will have to be handled quickly. About 1,500 election officials across Michigan will have to know if they should prepare for a January primary or not, said Kelly Chesney, spokeswoman for Michigan Secretary of State Terri Lynn Land.

“We try to work very hard at establishing our deadlines 60 days in advance. That allows us to … prepare for the upcoming election,” Chesney said.

The state office would need enough time to prepare ballots at home and overseas for absentee and military voters.

“(The judges) have already indicated they will try to expedite the matter,” Chesney said. “They have a full docket, and we do appreciate the courts reviewing it in an expedited matter.”

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