Legal News Alert #107

Michigan's Primary Elections

Michigan Parties to Use Caucus Systems to Select Presidential Candidates

With the intense media coverage of the Democratic primaries and with Michigan's Democratic primary just a little over a week away, we at Nichols & Eberth thought the following would be of interest. For the first time, both parties will be using the caucus system to nominate their candidates for President of the United States. The Democrats are using a so-called open caucus system (also known as a modified open primary) while the Republicans are using a closed caucus system. In both cases, each party is running its own primary as opposed to prior years when the primaries were conducted by the state government.

Michigan Republican Closed Caucus

In a Closed Primary or Caucus, only registered members of a party may vote in that party's primary: Democrats may only vote in the Democratic primary, Republicans may only vote in the Republican primary and Independents (those not registered with either major party) are not permitted to vote in either major party's primary. In Michigan, the Republican Party is using this closed caucus system. Its closed caucus will take place at the state Republican convention which will take place on Friday, May 21 through Saturday, May 22.

Michigan Democrat Modified Open Primary or Open Caucus

In a Modified Open Primary or Caucus, persons registered with one of the major parties usually may only vote in that party's primary: generally, Democrats may only vote in the Democratic primary, while Republicans may only vote in the Republican primary. However, unlike in a Closed Primary or Caucus, Independents may choose to vote in either party's primary - though there are usually provisions which automatically make an Independent a registered member of whichever party the primary of which he or she has chosen to vote in: this tends to keep the number of Independents who take advantage of their privilege to vote in a Modified Open Primary or Caucus relatively low (making what is called a Modified Open Primary or Caucus, in fact, more of a "modified closed primary or caucus" in its actual operation!)

However, in some Modified Open states, a Democrat voting in the Republican primary or a Republican voting as a Democrat automatically changes one's party affiliation as well; this has tended to reduce such "crossover voting" between the two major parties in those Modified Open states which practice this automatic change in party registration- for many registered party members might very well think twice before casting a primary vote which would have such an impact on their party affiliation. In Michigan, the Democrats are using this system. Its Open Caucus will be held Saturday, February 7. However, also for the first time, Democrats and others who register as Democrats may vote on-line or by mail as follows.

Deadline to Register to Vote On-line or by Mail Is This Saturday

Also for the first time in Michigan, voters are being given the opportunity to vote in a primary via the mail or the Internet. However, this option is only available this year in the Democratic primary and only available until 6:00 PM this Saturday, January 31, 2004. To vote on-line or by mail in the Democratic caucus, go to www.applytovote.com.

NICHOLS & EBERTH, P.C.
22374 Garrison, Dearborn, MI 48124

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