On December 26, Michigan Democratic Party activist Martha Hayes filed this strong brief in U.S. District Court, in her lawsuit to stop the Michigan Democratic presidential primary. The case is Hayes v Michigan Democratic Party and the Michigan Secretary of State, 1:07-cv-1237. The lawsuit assumes that the Democratic National Committee was within its rights to tell the Michigan Democratic Party not to hold a primary in violation of the national party rules. Therefore, the lawsuit alleges that the state Democratic Party and the state of Michigan are responsible for the inability of Michigan Democrats to elect delegates to the national convention.
This case is very similar to the Florida case called Ausman v Browning, which has a hearing in federal court in Florida on January 3. The Michigan case doesn’t have a court date yet, but such a court date will probably be set within the next 48 hours. Thanks to Thomas Jones for this news.
Once again – the Mich CLOSED Prez primary on 15 Jan 2008 is in direct violation of the *secrecy of the ballot* clause in Mich Const Art. II, Sec. 4 — regardless of ALL of the MORONS in the Mich regime having the primary take place.
The parties would have to have their own closed caucuses and conventions to conform with the national party rules.
The cases that the Michigan suit relies upon were where the States (Wisconsin and Illinois) tried to compel the national party to accept the results of their primaries as to selection of delegates to the national conventions.
Hayes seeks to reverse this and compel the Michigan Democratic party to select delegates in a manner compatible with the dictates of the national party, and further seeks to prevent Republican voters from choosing their delegates in the primary.