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3- 27-08 Judge Ruled Michigan Primary Unconstitutional

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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:19 PM
Original message
3- 27-08 Judge Ruled Michigan Primary Unconstitutional
Edited on Thu May-22-08 01:20 PM by DearAbby
On March 27, 2008 a federal judge ruled that Michigan's law that placed the primary on January 15th was unconstitutional and a re vote would be needed. It is up to the Michigan legislature to create a valid law for a re vote. To date they have not done so.

http://www.huffingtonpost.com/2008/03/27/michigan-january-15-prima_n_93679.html

Five Candidates removed their names from the Michigan Primary. Only Clinton and Dodd, allowed their names to remain on the ballot. Kuchinich tried to remove his name, but was not able to meet the deadline.

Does Clinton plan to profit from a primary that had been ruled illegal and unconstitutional? Is this what we what in a President? I don't. I am tired of our elected officials violating the Constitution. That is the major complaint of the current occupant of the white house. What hypocrites to complain about Bush violating the constitution, but not one peep about Clinton planing to profit majority of delegates from an illegal primary.
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high density Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:20 PM
Response to Original message
1. The only option was to have Clinton operatives fund a revote
And that just was not going to work for obvious reasons.
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:22 PM
Response to Reply #1
3. No I dont believe that would be fair
The Michigan legislators are responsible, the state should provide for the revote, or they opt not having their delegates seated. Unless a fair compromise can be reached.
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hayu_lol Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:24 PM
Response to Reply #1
4. There were FOUR names left on the Democratic ballot:
Clinton, Dodd, Gravel, and Kucinich. That adds up to FOUR.

Kucinich deliberately screwed up some very simple paperwork so that his name did not come off the ballot. And, he campaigned actively in Michigan.

Geez, you might at least try to get the facts straight.
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stillcool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:28 PM
Response to Reply #4
6. Kucinich filed the affidavit to remove his name...
I don't know why his name remained on the ballot..

Kucinich Files Affidavit To Remove Name From Michigan's Primary Shortly Before Deadline

October 10, 2007 8:19 a.m. EST
Ayinde O. Chase - AHN Staff
http://www.allheadlinenews.com/articles/7008781843
Dover, NH (AHN) - The Kucinich for President campaign Tuesday afternoon officially requested that Kucinich's name be withdrawn from the Michigan Democratic primary ballot. The affidavit came by way of to the Michigan Secretary of State's office.The Ohio Congressman and Democratic Presidential candidates
National Campaign manager Mike Klein said in the statement, "We signed a public pledge recently, promising to stand with New Hampshire, Nevada, South Carolina, and the DNC-approved 'early window', and the action we are taking today protects New Hampshire's first-in-the-nation primary status, and Nevada's early caucus."
The statement continued: "We support the grassroots nature of the New Hampshire, small-state primary, and we support the diversity efforts that Chairman Dean and the DNC instituted last year, when they added Nevada and South Carolina to the window in January 2008. We are obviously committed to New Hampshire's
historic role." Klein who actually recently moved to Dover said, "We will continue to adhere to the DNC-approved primary schedule."

Governor Granholm and other Michigan Democratic leaders have openly criticized the decision by several presidential candidates to keep their names off the state primary ballot. The Michigan lawmakers are taken back by Barack Obama, Joe Biden, John Edwards and Bill Richardson's decision to withdraw their names from the January 15th ballot.

The only ones who remain on Michigan's primary ballot are Hillary Clinton, Mike Gravel and Chris Todd.
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:28 PM
Response to Reply #4
7. I don't see you answering about the fact
Edited on Thu May-22-08 01:29 PM by DearAbby
the primary was ruled unconstitutional, having three names or four, does not negate the Judge's ruling. I apologize for forgetting Gravel, it is noted.
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kid a Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:22 PM
Response to Original message
2. * seems to have a problem with spinning and twisting data too...hmm
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Puzzler Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:25 PM
Response to Original message
5. As a Canadian...
Edited on Thu May-22-08 01:25 PM by Puzzler
... I'm puzzled by what people exactly mean by voting rights in the US. For example, is barring some people (for whatever reason) in a primary vote, disenfranchisement in the strictest sense? Afterall, a primary is an internal party election process.
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Independent-Voter Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:30 PM
Response to Reply #5
8. It's so simple, yet Veruca's supporters cling to this fallacy of "disenfranchisement". Idiots all.
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:44 PM
Response to Original message
9. What Hypocrites...
Is it okay for Clinton to gain from an unconstitutional primary? What say you?
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suston96 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-22-08 01:54 PM
Response to Original message
10. The election was declared unconstitutional?
Edited on Thu May-22-08 02:02 PM by suston96
Read what the court and that judge actually said and not what Huffington editorialized.

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.


I don't see anything that says the "election was unconstitutional". Anyone have a link to that decision?

Edit: Go here: http://www.detnews.com/apps/pbcs.dll/article?AID=/20080326/METRO/803260443/1361

Edmunds, the ACLU lawyers who won the case and the state's top election manager all agreed that the ruling had no practical impact on the 2008 presidential campaign. "Nothing I'm going to say or do" affects the results of the Jan. 15 vote, Edmunds said. "That's the political reality."

"That election is on the history books, and it doesn't disappear because the law that created it is off the books,"
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