Mich. presidential primary hits roadblock

Charlie Cain and Gordon Trowbridge / The Detroit News

LANSING -- Michigan's embattled Jan. 15 presidential primary took another hit Wednesday when a county judge ruled it was illegal -- and can't be held in its current form -- because it gives voting records exclusively to the two major political parties.

Ingham County Circuit Judge William Collette said the state-paid primary cannot go forward as planned because the Legislature goofed when it said only the state Republican and Democratic parties could keep lists of the names of voters who request a GOP or Democratic ballot on Jan. 15.

Just how seriously this jeopardizes the primary wasn't immediately clear. With the primary less than 10 weeks off, the state is running out of time to get the ruling overturned, fix the problem, or scrap the primary and decide Michigan's presidential choices by caucus or state party convention.

State Republican chief Saul Anuzis called Collette's ruling a "hiccup" and doubted it would derail the primary. The Democratic Party said only that it was "withholding comment until we have a chance to study the ruling."

Collette said giving the lists solely to the two major parties constitutes spending public dollars for a private purpose. And under the state Constitution, he said, that requires a two-thirds vote of both chambers of the Legislature. The bill setting up the primary didn't get a two-thirds vote when it passed in August.

"Clearly there's an injury to the public interest," said Collette.

Judge: Denying lists unfair

The judge also said during his ruling from the bench that it didn't seem fair that minor parties would be denied access to the lists.

In light of Collette's ruling, the Michigan Democratic Party's Executive Committee put off its scheduled vote Wednesday night on whether to stick with the Jan. 15 primary -- and face the wrath of the national party because it jumped ahead of other states in a pre-set calendar -- or back down in favor of February party caucuses.

State officials have not decided whether to appeal Collette's decision, but the state parties must tell the Secretary of State by Nov. 14 if they plan to hold a primary election.

Parties consider legal options

Legislative leaders haven't decided whether they will try to quickly enact a new law that deals with the judges concerns. And the possibility remains that the political parties could opt for the alternative approaches for divvying up their presidential nominating delegates: caucuses for the Democrats, and a state party convention of Republicans.

"We defended the law passed by both houses of the Legislature and signed into law by the governor," said Rusty Hills, spokesman for Republican Attorney General Mike Cox. He said no decision had been made on filing an appeal.

Added Liz Boyd, press secretary to Democratic Gov. Jennifer Granholm: "We've got to review that decision. We want to explore all our options to make sure Michigan remains relevant in the presidential selection process.

Legislative leaders were mulling what, if any, action they could take.

"Were disappointed in the decision but we remain committed to a January primary date," said Matt Marsden, spokesman for Senate Majority Leader Mike Bishop, R-Rochester.

Primaries up in the air

While Anuzis said Republicans still plan to hold their primary in January, a party spokesman said the GOP has a contingency plan that would call for a statewide convention in mid-February.

The challenge to the Jan. 15 primary was brought by East Lansing-political consultant Mark Grebner and others who argued that giving the voter lists to the two parties and no one else was illegal.

They wanted release of the lists to anyone who requested them, and asked the judge to order the two parties to pay the state the fair market value of the lists.

Grebner said it wasn't his intent to stop the primary, just to open access to voter lists.

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

This is the latest in the ongoing drama over Michigan's primary.

Both national parties have threatened to punish the state parties by docking them national convention delegates. The state Republican Party is willing to take that punishment, in exchange for a greater voice in choosing the GOP nominee. But state Democrats have squabbled over whether they should hold the early primary -- which breaks the national Democratic Party rules by violating its set calendar -- or return to February party caucuses.

Supporters of Hillary Rodham Clinton generally favor a primary, but union supporters of John Edwards want party caucuses, where organized labor would have better control of the outcome.

If a presidential primary is held, as many as 2 million voters would be expected to take part, and the state would pay the entire $12 million cost. If the parties decide to go other routes, they would pay the costs. Democratic caucuses would be expected to attract about 100,000 voters, while a GOP convention could involve 10,000 or so voters -- mostly party activists.

The Democratic candidates have pledged not to campaign in Michigan, due to the calendar fight. And Clinton is the only top-tier candidate who hasn't withdrawn from the Michigan ballot over the disagreement.

You can reach Charlie Cain at (517) 371-3660 or ccain@detnews.com.