On December 11, a Democratic Party activist filed a federal lawsuit to stop the Michigan Democratic presidential primary. Martha Hayes v Michigan Democratic Party and the Michigan Secretary of State, no. 1:07-cv-1237. The case is in U.S. District Court in Grand Rapids.
Hayes says she wants to vote for one of the Democratic presidential candidates who is not on the Michigan Democratic primary ballot. Her lawsuit doesn’t say whom she wishes to vote for, but the missing major Democratic candidates are John Edwards, Barack Obama, Bill Richardson, and Joe Biden. The lawsuit charges that because the national Democratic Party won’t recognize the January 15 primary, she and other Michigan Democrats are being disenfranchised. Separate from that, supporters of the 4 particular missing candidates are also being disenfranchised. The lawsuit acknowledges the right of the Democratic National Committee to refuse to seat any delegates from Michigan, and blames the state Democratic Party and the state for the problem.
If the lawsuit were successful, the Democratic primary would be cancelled and the party would choose delegates by caucuses, at a time when the national rules would permit (i.e., February 5 or later).