Taxpayers United Today Asks Michigan
Court of Appeals to Uphold Trial Court's Order Killing Unconstitutional
Presidential Primary Election in Michigan; Deadline Nov. 14, 2007 for Jan.
15, 2008 Open Primary
LANSING, Mich., Nov. 13 /PRNewswire-USNewswire/ -- Taxpayers United Michigan Foundation is continuing its underdog fight to kill the January 15, 2008 Open Presidential Primary Election by today confronting the State Democratic and Republican Parties in the Michigan Court of Appeals.
Michigan Republican Party Chairman Saul Anuzis and Bill McMaster, State Chairman (Volunteer), Taxpayers United Michigan Foundation, both filed Amicus Curiae (Friend of the Court) briefs in the November 7, 2007 Ingham County Circuit Court Case Number 07-1507-CZ, "Plaintiffs Mark Grebner, et al. vs Defendants State of Michigan and Michigan Secretary of State Terri Lynn Land."
Anuzis sided with Defendants State of Michigan, et al. McMaster represented the public interest of grassroots taxpayers statewide through his Taxpayers United brief supporting the winning Plaintiffs.
Ingham County Circuit Court Chief Judge William E. Collette agreed with Plaintiffs by issuing his Nov. 9 Order concluding:
"It is further ordered that Defendants, along with their respective officials, agents, servants, employees, directors, distributors, and/or representatives of any type, nature or capacity whatsoever, along with any and all of those persons acting in concert with such persons or entities, and every person, natural or otherwise, who shall have or be deemed to have actual notice of this Order (collectively "Defendants"), are HEREBY UNCONDITIONALLY RESTRAINED AND ENJOINED FROM CONDUCTING THE JANUARY 15, 2008 PRESIDENTIAL PRIMARY ELECTION."
"Shortly thereafter, Anuzis stated on WJR Radio, and was quoted in The Detroit Free Press, stating: 'That Court Order is just a hiccup on our way to the January 15, 2008 Presidential Primary Election in Michigan,'" McMaster noted in the State Capitol Press Room this morning.
"I understand from Judge Collette's Clerk that attorneys from the Michigan Attorney General's office, and Anuzis' law firm, intend to file a Defendant's Emergency Appeal of Judge Collette's 'hiccup' in the Michigan Court of Appeals later this afternoon," McMaster said.
Attorneys from Bodwin & Stover, P.C. will respond for Plaintiffs Mark Grebner, et al.
McMaster said Taxpayers United Michigan Foundation, which is the statewide nonpartisan, nonprofit (IRS Code 501 (c)(3)) grassroots taxpayer organization defending constitutional rights of Michiganians since 1977, worked over the weekend to prepare its Amicus Curiae Brief for filing in the Michigan Court of Appeals immediately after the Michigan Attorney General files legal papers for Defendants.
Following are major points in fact included in Taxpayers United's Brief:
"1- The previously scheduled January 15, 2008 'Open' Presidential Primary Election in Michigan was unconstitutional not only for the reasons cited by Plaintiffs, but also because it was rigged to deny voting rights to more than half of Michigan's four million voters.
2- It would have allowed only Democrats and Republicans to vote and only those Democrats and Republicans willing to sacrifice their historic American right to a Secret Ballot in the voting place and on State of Michigan records open to all.
3- Independents and/or informal members of the five 'minor political parties' certified by the Michigan Secretary of State Bureau of Elections to have legal positions on statewide ballots, were all EXCLUDED FROM VOTING IN THE JANUARY 15, 2008 Open Presidential Primary Election.
4- Seniors and snowbirds won't automatically receive their Absentee Ballots in the mail anymore. Thousands would have missed the opportunity to vote on Jan. 15 anyway. A Michigan Court of Appeals ruling last month found improper the statewide practice of city and township Clerks automatically sending Absentee Ballots as a public service to qualified voters who requested them once.
5- Presidential Candidates campaigning in Michigan as many as ten times so far this year have all failed to customize their pitches to voters by addressing 'issues unique to Michigan.'
6- Politicians advocating the Presidential Primary have a vested interest and conflict of interest in the January 15, 2008 date because they are all either Democrats or Republicans. According to last month's report by Michigan Campaign Finance Network, campaign spending by registered lobbyists for Democrat and Republican office seekers has already surpassed last year's record high despite Michigan's Single State Depression.
7- Originally, Michigan Democratic Party Chairman Mark Brewer wanted the January 15, 2008 Michigan Presidential Primary Election, but the National Democratic Party in Washington DC prohibited it and declared Michigan would lose Electoral Votes after the Nov. 4, 2008 Presidential/General Election if Brewer went ahead with Jan. 15. Despite individual Democratic candidates for President organizing, soliciting contributions and campaigning throughout Michigan for a year or more, all the Democratic Presidential Candidates, except US Senator Hillary Clinton, have willingly withdrawn from campaigning for the now canceled Jan. 15 Primary.
8- Only Democrats openly voting for Sen. Clinton would have been able to vote on Jan. 15, nowhere near the one million Democrats Brewer predicted would vote when all Democrat Presidential Primary Candidates were on the Michigan ballot.
9- Michigan Republican Party Chairman Saul Anuzis is challenging the decision of the National Republican Party in Washington DC to strip Michigan of all of its Electoral Votes if Anuzis somehow gets the Michigan January 15 Presidential Primary reinstated.
10- The fact inherent in PA 52 that gives the Michigan Democratic Party and the Michigan Republican Party exclusive privilege to copy, sell and solicit campaign funds from the names and addresses obtained from every January 15, 2008 voter is unprecedented in any other state at any other time in the history of the United States.
11- State politicians have decided to take unconstitutional advantage of their power over grassroots citizens by adding one or more constitutional amendments to the January 15, 2008 ballot by Legislative Initiative.
12- If the Michigan court of appeals does not permanently stop the January 15, 2008, presidential primary in Michigan, our 38 state senators and 100 state representatives are poised to vote by a 2/3 majority in both the Senate and House to place a self-serving Constitutional Amendment on the January 15 ballot to revise Term Limits imposed by statewide 'voted will of the people' in 1992. (See news story from Nov. 5, 2007 edition of Crain's Detroit Business entitled 'DEADLINE NEARS TO GET TERM LIMIT REDO ON BALLOT')."
"Taxpayers United will continue our lone watch-dogging
and effective participatory efforts defending the purity of Michigan's
elections and fight corruption of our Michigan Constitution being instigated
by the Democrat and Republican Parties," Bill McMaster said.