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Will Conyers ruling be appealed? (Judge's ruling violated Michigan law)
The Hill ^ | 5-24-2014 | Mario Trujillo

Posted on 05/24/2014 8:44:45 PM PDT by smoothsailing

May 24, 2014

Will Conyers ruling be appealed?

By Mario Trujillo

Michigan's secretary of State said it's too early to say whether she would appeal a judge's ruling Friday that placed Rep. John Conyers (D-Mich.) back on the Democratic primary ballot.

A decision by U.S. District Court Judge Matthew Leitman overturned rulings by the Michigan Secretary Ruth Johnson and the Wayne County Election Commission that prevented Conyers from getting on the August ballot because of a lack of valid petition signatures.

The judge noted that he hurried to file the injunction Friday to give all parties time to appeal, if necessary, to the Sixth Circuit Court of Appeals before the June 6 deadline to certify the ballot.

“It’s too early to comment," spokeswoman for the secretary of State Gisgie Gendreau told the Detroit Free Press.

"We’ve received the judge’s order, but will have to review it with our attorneys before we decide how to proceed. What I can tell you is that the secretary is sworn to uphold the law, and that’s what she has done in this case and will continue to do.”

Conyers primary opponent Rev. Horace Sheffield III, who first challenged the petition signatures, said attorneys were reviewing the order.

“What we’re going to do is let the attorneys look at it ..., but it doesn’t stop anything as far as our approach to the campaign. We’re moving forward," campaign manager Rick Jones told the Detroit News.

More than 600 petition signatures for Conyers had been deemed invalid by the county clerk, with whom the secretary of State agreed, because they were gathered by people who were not registered in Michigan, required by state law.

That left Conyers shy of the 1,000 petition signatures needed to qualify for the ballot.

But the judge ruled the law was likely unconstitutional on First Amendment grounds, asserting it was not narrowly tailored. The previously invalidated signatures would send Conyers's total above 1,000.

"Plaintiffs here have shown a substantial likelihood of success," he wrote, adding, "The State’s interest in combating election fraud is compelling, but the State may protect that interest through a less restrictive means."

Conyers's campaign chair Bert Johnson, a Michigan state senator, told The Hill on Friday, "We hope this is the end of it because it is the right and fair decision," but noted others have the right to appeal.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; Politics/Elections
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To: smoothsailing
If Democrats COMMUNISTS can't cheat, they can't win.
21 posted on 05/24/2014 9:28:42 PM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: smoothsailing

U.S. District Court Judge Matthew Leitman needs to have an unforgettably HORRIBLE day.


22 posted on 05/24/2014 9:30:15 PM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: smoothsailing
Many German people thought they German judges of the time would put the reins on Hitler--that they still overrule him.

Sound familiar
23 posted on 05/24/2014 9:32:03 PM PDT by righttackle44 (Take scalps. Leave the bodies as a warning.)
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To: smoothsailing

I heard that in an earlier election that a white candidate had the same problem as Conyers - he was denied ballot status ...


24 posted on 05/24/2014 9:36:24 PM PDT by Lmo56 (If ya wanna run with the big dawgs - ya gotta learn to piss in the tall grass ...)
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To: boop

In the back of my mind, I think this has to do with voters not being registered yet still voting....


25 posted on 05/24/2014 9:37:11 PM PDT by porter_knorr
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To: smoothsailing
More than 600 petition signatures for Conyers had been deemed invalid by the county clerk, with whom the secretary of State agreed, because they were gathered by people who were not registered in Michigan, required by state law.

"Plaintiffs here have shown a substantial likelihood of success," he wrote, adding, "The State’s interest in combating election fraud is compelling, but the State may protect that interest through a less restrictive means."

Is it really that difficult in Michigan to find registered voters who need a temporary job that might be enticed to circulate petitions?

26 posted on 05/24/2014 9:39:37 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: smoothsailing

I sure hope so


27 posted on 05/24/2014 9:40:26 PM PDT by Nifster
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To: EDINVA
The state should appeal if for no other reason, to establish what the law and the role of the SoS is in MI.

Unfortunately, the states just don't get it. They are no longer states, but mere provinces of the federal government. They can do only what federal judges and federal agencies deem appropriate.

And that will not change until there is a specific constitutional amendment to correct it.

28 posted on 05/24/2014 9:42:53 PM PDT by Leaning Right (Why am I holding this lantern? I am looking for the next Reagan.)
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To: smoothsailing
Conyers has 50 years of complying with the law without problems. He can't argue now that it was unconstitutional all along.

This must be overturned.

-PJ

29 posted on 05/24/2014 9:44:42 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
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To: smoothsailing

Have they ever kept anyone off the ballot in the past for invalidated signatures?

Or did they just notice now that they dont want to follow that law?


30 posted on 05/24/2014 9:44:52 PM PDT by Mr. K (If you like your constitution, you can keep it...Period. PALIN/CRUZ 2016)
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To: smoothsailing

Have they ever kept anyone off the ballot in the past for invalidated signatures?

Or did they just notice now that they dont want to follow that law?


31 posted on 05/24/2014 9:44:52 PM PDT by Mr. K (If you like your constitution, you can keep it...Period. PALIN/CRUZ 2016)
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To: boop

Oh, they could spell it “Kawnyurs” and their votes would be accepted. Look at how Murkowski’s write-in was handled.


32 posted on 05/24/2014 9:54:06 PM PDT by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: righttackle44
Many German people thought they German judges of the time would put the reins on Hitler--that they still overrule him.

Sound familiar?

I'm glad someone else here remembers history and notes the familiar.

America has no clue what has already happened to it.

Normalcy Bias - and we have a fatal case of it.

33 posted on 05/24/2014 9:58:04 PM PDT by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: Leaning Right

There will be no redress for the *legitimate* grievances of the *law abiding* people in the courts, nor at the ballot box. Not going to happen.

Internet voting IS coming. Completing the transformation from Republic to corrupt Idiocracy.


34 posted on 05/24/2014 10:00:29 PM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: smoothsailing; All

Exactly what Rush Limbaugh predicted would happen.

The dems always find a way to CHEAT (a judge willing to overstep his authority), in order to put somebody back in office so they can continue to fleece the public.

I hope somebody appeals this erroneous ruling, and throws Conyers out.


35 posted on 05/24/2014 10:25:31 PM PDT by CyberAnt (True the Vote: MY AMERICA, "... I'm terrified it's slipping away.")
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To: boop

To project what they think is power over the states.


36 posted on 05/24/2014 10:59:51 PM PDT by freekitty (Give me back my conservative vote; then find me a real conservative to vote for)
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To: Leaning Right

Of course, it must be remembered that last election cycle no one liked it when the Republican Party of Virginia stuck by the rules and kept some candidates off the state’s presidential primary ballot because they didn’t have enough valid signatures.


37 posted on 05/24/2014 11:05:05 PM PDT by EDINVA
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To: Leaning Right
They can do only what federal judges and federal agencies deem appropriate.

Naw, they can bow down to blind, retired Family Court judges too.

38 posted on 05/24/2014 11:29:55 PM PDT by itsahoot (Voting for a Progressive RINO is the same as voting for any other Tyrant.)
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To: smoothsailing

Laws are for little people.


39 posted on 05/25/2014 12:36:04 AM PDT by Tzimisce
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To: smoothsailing

Rep. John Conyers is a democrat.
Just like they did in New Jersey to illegally allow Lautenberg to run this maggot Conyers will be allowed on the ticket by a judge that should be in jail.


40 posted on 05/25/2014 2:52:22 AM PDT by Joe Boucher ((FUBO) obammy lied and lied and lied)
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