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U.S. District Court Enjoins Michigan from Refusing to List Congressman Conyers on the Primary Ballot

On May 23, U.S. District Court Judge Matthew F. Leitman, an Obama appointee, issued a 22-page order, putting Congressman John Conyers on the August 5 primary ballot. The decision rests almost entirely on Nader v Blackwell, a 2008 decision of the Sixth Circuit that struck down Ohio’s requirement that circulators for candidates must be registered voters. Michigan is also in the Sixth Circuit.

Michigan election officials had already determined that Conyers did have enough valid signatures, if it weren’t for the law barring circulators who aren’t registered voters. The opinion is somewhat critical of the state for initially saying it would not determine how many valid signatures Conyers had until early June. The decision says the court had to pressure the state to make its decision on that by today. Thanks to Rick Hasen for the link.

3 Responses

  1. Mark Brown

    Excellent. Not that I care about a major-party candidate, but it should redound to the benefit of minors, too.

  2. Demo Rep

    Regardless of the many legal history MORONS –

    Each State in the USA is a NATION-State — last para of the 4 July 1776 to the 1783 Peace Treaty to Art. VII of the 1787 USA Const.

    The petition for redress of grievances in the 1st Amdt AIN’T ballot access petitions.

    i.e. the SOVEREIGN registered Electors in each State versus ALL other folks — in the State or outside of the State — who have ZERO to do with the elections in the State involved.

    A petition circulator is in effect a Notary Public in such State regarding the petition signatures.

  3. jalp

    Interesting to see that the order (on pp 7-8) gives not only the Conyers circulators but the would-be voter for Conyers standing to challenge the statute.

    OTOH, Mark Brown may be a bit disappointed. Michigan’s Election Code requires the petitioning process for candidates of major parties to get onto the primary ballot, but not for candidates of other parties (since they’re not allowed into the primary).

    OTTH (on the third hand), petitions are required for independent candidates — officially labeled as of “No Party Affiliation”. They are also required for candidates running for non-partisan offices . . . except candidates for State Supreme Court Justice, which is considered a non-partisan office even though all parties nominate them for the November election at their own state conventions. (I know, I know. . . .)

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