Rocky De La Fuente Sues Michigan Over Presidential Primary Exclusion

On November 21, Rocky De La Fuente sued Michigan’s Secretary of State for excluding him from the 2020 Republican presidential primary ballot.  The law says candidates mentioned in the news media go on the ballot automatically.  The case is in state court.

 


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Rocky De La Fuente Sues Michigan Over Presidential Primary Exclusion — 6 Comments

  1. Mich election law – sec.

    168.614a List of potential presidential candidates; issuance; filing; notice.
    Sec. 614a.
      (1) Not later than 4 p.m. of the second Friday in November of the year before the presidential election, the secretary of state shall issue a list of the individuals generally advocated by the national news media to be potential presidential candidates for each party’s nomination by the political parties for which a presidential primary election will be held under section 613a. The secretary of state shall make the list issued under this subsection available to the public on an internet website maintained by the department of state.
      (2) Not later than 4 p.m. of the Tuesday following the second Friday in November of the year before the presidential election, the state chairperson of each political party for which a presidential primary election will be held under section 613a shall file with the secretary of state a list of individuals whom they consider to be potential presidential candidates for that political party. The secretary of state shall make the lists received under this subsection available to the public on an internet website maintained by the department of state.
      (3) After the issuance of the list under subsection (1) and after receipt of names from the state chairperson of each political party under subsection (2), the secretary of state shall notify each potential presidential candidate on the lists of the provisions of this act relating to the presidential primary election.

    
History: Add. 1988, Act 275, Eff. Sept. 1, 1988 ;– Am. 1999, Act 72, Imd. Eff. June 28, 1999 ;– Am. 2011, Act 163, Imd. Eff. Oct. 4, 2011 
Compiler’s Notes: See Green Party of Michigan, et al v Terri Lynn Land, case no. 08-10149, March 26, 2008.

    (1) generally advocated by the national news media to be potential presidential candidates

    (2) they consider to be potential presidential candidates for that political party

    More void for vagueness.

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