A Kent County Democratic activist has filed a lawsuit with the U.S. District Court in Grand Rapids to try to stop the party’s Michigan primary now planned for Jan. 15.
The plaintiff claims that the primary would disenfranchise those voters whose candidate is not on the ballot and that the Democratic Party has violated her constitutional rights to engage in political activity because its rules led her candidate to withdraw.
Democrats Joe Biden, John Edwards, Barack Obama and Bill Richardson all had their names removed from the Michigan ballot because the Jan. 15 date violates Democratic National Committee rules.
The lawsuit, filed Monday against both the Michigan Democratic Party and the Secretary of State’s Office, asks for injunctions against the Jan. 15 primary. If successful, it could force Michigan to hold a caucus, though party insiders didn’t seem to think that the case would go very far.
The case was filed by Grand Rapids attorney Earl Erland, who is listed as the assistant organizer of the John Edwards Grand Rapids Meet-Up group and has given $500 to the Edwards campaign so far in 2007. While calls to Erland were unsuccessful, he has been reported as saying that he was not sure of what candidate the plaintiff, Martha Hayes, supported. However, campaign finance records show that both Erland and Hayes donated $250 to the Edwards campaign on September 30.
A spokesman for the Michigan Democratic Party said Wednesday that he thought the lawsuit had no merit. The Jan. 15 Republican primary is not mentioned in the lawsuit.