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HEITMANIS v. AUSTIN

No. 87-CV-4465-DT.

677 F.Supp. 1347 (1988)

George HEITMANIS, et al., Plaintiffs, and Michigan Republican State Central Committee, Intervening Plaintiff, v. Richard AUSTIN, et al., Defendants, and Senator Vernon J. Ehlers, et al., Intervening Defendants.

United States District Court, E.D. Michigan, S.D.

As Amended February 11, 1988.

Attorney(s) appearing for the Case

Sean F. Cox, Kitch, Saurbier, Drutchas, Wagner & Kenney, Detroit, Mich., James F. Schoener, Washington, D.C., for plaintiff Heitmanis, et al.

Michael A. Gagleard, Gagleard, Addis, Imbrunone, Troy, Mich., for intervening plaintiff.

Gary P. Gordon, Asst. Atty. Gen., Lansing, Mich., for defendant Richard Austin, et al.

David W. McKeague, Foster, Swift, Collins & Coey, Lansing, Mich., for intervening defendants.

MEMORANDUM OPINION AND ORDER

WOODS, District Judge.

Plaintiffs bring this constitutional challenge to several sections of the Michigan Election Law, Mich.Comp.Laws (M.C.L.) § 168.1 et seq. The state statute grants automatic delegate status at state and county conventions, as well as automatic membership on county executive committees, to party nominees and party legislators. As such, claim plaintiffs, the statute violates their First Amendment...

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