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Michigan January 15 Primary Ruled Unconstitutional, But No Re-vote Ordered

Michigan January 15 Primary Ruled Unconstitutional, But No Re-vote Ordered

Campaign Diaries   |  Daniel Nichanian   |   March 27, 2008 09:43 AM

Read More: Michigan, Michigan Democratic Primary, Michigan Early Primary, Michigan Early Primary Unconstitutional, Michigan Primary, Michigan Primary Court Ruling, Michigan Primary Ruling, Breaking Home News
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In news that is unlikely to have a profound affect on the presidential race, a federal judge ruled today that Michigan's law that placed the primary on January 15th was unconstitutional. The issue at hand was this 2007 law's stipulation that the Election Day's voting lists containing the party preferences of voters (i.e. whether they chose a Democratic or a Republican ballot) would be sent to the state's Democratic and Republican parties. Smaller parties, helped by the ACLU, protested that this was a violation of their rights, and that if they were not going to be given the records as well the Democratic and Republican parties should not get them either.

This issue had been on the table for quite some time now, and some people had speculated (and Clintonites had hoped) that Judge Edmunds could rule that a re-vote is necessary with a proper law as a remedy for the unconstitutional law that set up the January 15th primary. But Edmunds did no such thing: The fact that the primary law (and thus the January 15th primary) is unconstitutional does not mean that there will be a re-vote. In fact, considering that the Michigan legislature adjourned last week without being able to pass a law setting up a do-over, a re-vote is as unlikely as ever.

Two small consequences, however, out of this decision, beyond the very important fact that the judge did not order a revote (a victory for Obama). First, whatever chance there was that the DNC recognize delegates based on the January 15th vote is now almost inexistent. In finding some sort of resolution to the Michigan delegate crisis, the DNC will now be even less sympathetic to pleas from the Michigan Democratic Party since the contest that was held that the state's Democrats want to see counted has now been pretty much invalidated.

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- mrJJ I'm a Fan of mrJJ permalink

Everyone can Keep voting till your hearts content. FL & MI? You can find how the numbers change the math also. Believe its worth the read.

THE MATH " Monday, March 31 " After Texas Counties

Thanks to phrigndumass for the work

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x5332098

    Favorite    Flag as abusive Posted 05:39 PM on 04/01/2008
- mrJJ I'm a Fan of mrJJ permalink

October 11, 2007

Flashback: Does Michigan Matter to Clinton?

Hillary Clinton, during which she was asked about the Michigan primary:

"I personally did not think it made any difference, whether or not my name was on the ballot. You know, it's clear, in this election they're having, it is not going to count for anything."

http://www.youtube.com/user/MDRUDGE

    Favorite    Flag as abusive Posted 05:08 PM on 04/01/2008
- apresdeluge I'm a Fan of apresdeluge permalink

Democrats are not going to forget that Obama and his supporters have done everthing in their power to disenfranchise voters in this Democrtic process. Starting with FL & MI and continuing with the remaining primary states. Shame on you all for not wanting voters to have their say. I wonder how Senator Leahy would react if a fellow senator called for the voters in VT to be ignored?

    Favorite    Flag as abusive Posted 01:20 PM on 04/01/2008
- 1dogs2 I'm a Fan of 1dogs2 permalink

Democrats know that it is not Obama who is responsible for the MI and FL primary debacles, but the state representatives who decided to ignore the rules they had previously agreed to, believing that there wouldn't really be any consequences. Shame on them for their short-sightedness, and shame on you for trying to shift responsibility to Obama. And for your apparent ignorance of how the primary system has historically worked.

    Favorite    Flag as abusive Posted 04:39 PM on 04/01/2008
- Swift2 I'm a Fan of Swift2 permalink

Democrats know that, once it became a strong issue, and once it became clear that new primaries would work to Hillary's benefit, Obama and his supporters have done everything they could to block it from happening.

    Favorite    Flag as abusive Posted 05:13 AM on 04/02/2008
- BluMoonRising I'm a Fan of BluMoonRising permalink

Do you really think that Americans will forget that two States totals for the popular vote are missing in the end? Do you think that because a judge says not to count them that the world will not the truth? Especially when counting them is the right thing to do....the American thing to do....and it wasn't their fault to begin with. If nobody "thought" they knew what the outcome would be...there wouldn't be a problem. Everyone says the longer Obama is on the trail the better he does...well...he should have the advantage now....prove it! Not just because of that...because it's the right thing to do or the winner will be two States Hollow anyway....If the votes are two states short....it's incomplete....kind of like the what we have been stuck with the last 8 years. I thought we were through with elections like that.

    Favorite    Flag as abusive Posted 04:39 PM on 03/31/2008
- nuglet304 I'm a Fan of nuglet304 permalink
photo

chalk michigan up to the republicans in november. right along with florida.

    Favorite    Flag as abusive Posted 11:33 AM on 03/31/2008
- 1dogs2 I'm a Fan of 1dogs2 permalink

And that prediction is based on . . . what? You believe that Democrats in MI and FL are going to vote for McCain because their statehouses chose to break the rules to which their Democratic representatives had agreed?

    Favorite    Flag as abusive Posted 04:44 PM on 04/01/2008
- Serfie I'm a Fan of Serfie permalink

The Obama Thugocrats must be happy that Michigan voters were disenfranchised. They are always ecstatic when Americans can't vote or their elections are don't count.

They wouldn't care if every election was invalidated, so long as their Obamafuhrer is selected by kook or crook.

    Favorite    Flag as abusive Posted 11:32 AM on 03/30/2008
- Ozarks I'm a Fan of Ozarks permalink

Read the Judicial finding Serfie . The FINDING, as stated in the Judge's order, says "UNCONSTITUTIONAL" :"a federal judge ruled today that Michigan's law that placed the primary on January 15th was unconstitutional". The unconstitutional finding states clearly that the all voters were indeed disenfranchised. The alleged disenfranchised voters did not vote in a fair election, it was rigged ie UNCONSTITUTIONAL, because of the demands of the Republican and Democratic parties introduced bias into the voting. Bias causing the Judge to find the primary as UNCONSTITUTIONAL. duh

    Favorite    Flag as abusive Posted 01:50 PM on 03/31/2008
- aplegrand I'm a Fan of aplegrand permalink

I wonder if Hilary will now focus her attention on the Judiciary instead of blaming Obama for "disenfranchising" Michigan voters.

    Favorite    Flag as abusive Posted 12:01 PM on 03/29/2008
- mooph I'm a Fan of mooph permalink

Why couldn't the courts decide that this "unconstitutional law that set up the January 15th primary" was unconstitutional BEFORE the primary?

Oh, yeah, none of the legislators in the state challenged it -- even after the DNC said they wouldn't count the state's delegates.

    Favorite    Flag as abusive Posted 04:34 PM on 03/28/2008
- Ozarks I'm a Fan of Ozarks permalink

Hillary, in fact, liked it and probably is why she signed off on the primary being held on Jan 15th. Be reminded that her nomination was deemed "inevitable" at that time. She could care about constitutional matters as long as she thought the Michigan Primary would just solidify her nomination.
you may ask.---Why just single out Hillary on this matter?? She was the only demo candidate to put her name on this unconstitutional ballot!!!!. She wholeheartedly tied herself to this illegal primary. If Hillary really cared about voters and fair elections , you should ask: Why did Hillary put her name on a ballot that was a violation of your characterization "constitutional law". Answer- Because Hillary has no ethics . Her lack of ethics is shown in her "Sniper fire story" in Bosnia, her refusal to release tax returns for 2000 thru 2007, her redaction of 1000 or more White House papers, her allegations regarding Northern Ireland, her calling Obama a "Ken Starr", refusing to release telephone logs from 8 years in White House, her claim that Obama is a plagiarist and on and on ad nausea

    Favorite    Flag as abusive Posted 02:06 PM on 03/31/2008
- apresdeluge I'm a Fan of apresdeluge permalink

"Why just single out Hillary on this matter?? She was the only demo candidate to put her name on this unconstitutional ballot!!!!." Another example of Obama supporters paranoia and lack of rational thinking. Your reasoning is totally flawed. Hillary was supposed to "know" that the vote would be ruled unconstitutional months before it was? Obama took his name off the ballot in MI for political purposes, to suck up to the caucus goers in IA and the primary voters in NH.

    Favorite    Flag as abusive Posted 01:18 PM on 04/01/2008
- PinkoAttic I'm a Fan of PinkoAttic permalink

One down, one to go.

I don't know why the superdelegates should hold back endorsing Obama now, rather than later. All it would take is 150 or so brave souls among them to put this thing to bed for the good of the party. Every day that goes by is a knife jab to the Democratic nominee in November. They cannot afford to allow one person's selfishness and vanity determine the future of an entire country, and indeed the world.

    Favorite    Flag as abusive Posted 11:42 AM on 03/28/2008
- Adagio I'm a Fan of Adagio permalink

Doe this mean the Clinton campaign will stop including Michigan in their popular vote totals? Probably not.

    Favorite    Flag as abusive Posted 11:26 AM on 03/27/2008
- PinkoAttic I'm a Fan of PinkoAttic permalink

Why would it ? In " Hillary's World ", she won it fair and square after a heated campaign participated in by all the candidates ! ....completely delusional.

    Favorite    Flag as abusive Posted 11:45 AM on 03/28/2008
- joh I'm a Fan of joh permalink

In the courtroom, there was agreement that Edmunds' ruling did not invalidate the election itself. "Nothing I'm going to do or say" changes the results of the Jan. 15 voting, Edmunds said.

The above quote from the judge indicates that the election could stand, but the idea that only the republican and democratic parties could have access to which ballot voters chose was ruled unconstituional.

    Favorite    Flag as abusive Posted 08:30 AM on 03/29/2008
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