A Michigan appeals court Friday upheld a lower court ruling that Michigan's Jan. 15 primary law is unconstitional.
While the Michigan attorney general ponders an appeal to the state supreme court, New Hampshire is waiting to set a primary date. On Wednesday, New Hampshire secretary of state Bill Gardner, the man who sets the primary date all by himself, told the Manchester Union Leader:
The Michigan action "is moving it along a little bit," but said, "We need some final resolution."
Asked if he expected to decide New Hampshire's date this week, he said, "I don't think so, no."
The issue in the Michigan case, Grebner v State is a provision that gave the list of people voting in each party's primary to the parties but no one else. (Michigan does not have party registration.)
Earlier in the week, the legislature declined to come into special session to revise the law by removing the unconstitutional section.
Ballot Access News reports that, while Republicans filed a court brief saying they'd prefer a primary, if the court appeal fails they are likely to hold a Jan. 25-26 state convention instead. Democrats have also discussed a caucus, but not a date.
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