On June 9, U.S. District Court Judge Stephen J. Murphy ordered that the Michigan Secretary of State is permitted to respond to the request for reconsideration in Erard v Michigan Secretary of State, eastern district, 12-cv-13627. Most of the time, when plaintiffs lose and then ask for reconsideration, the court denies reconsideration without even asking the other side to respond. But in this case, the request for reconsideration is weighty enough that the Judge wants to hear from the Secretary of State.

The main issue in this case is whether Michigan is violating Equal Protection by requiring approximately twice as many signatures to get a newly-qualifying party on the ballot, as it requires votes for an old party to remain on the ballot.