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HEITMANIS v. AUSTIN

No. 88-1214.

899 F.2d 521 (1990)

George HEITMANIS, Keith Murphy, Mary Malinowski, John Pafford and Richard Bobosky, Plaintiffs-Appellants, Michigan Republican State Central Committee, Intervening Plaintiff, v. Richard AUSTIN, in his official capacity as Secretary of State of Michigan, and Christopher Thomas, in his official capacity as Director of Elections of the State of Michigan, Defendants-Appellees, Senator Vernon J. Ehlers, et al., Intervening Defendants.

United States Court of Appeals, Sixth Circuit.

Decided March 29, 1990.

Attorney(s) appearing for the Case

James F. Schoener (argued), Sarasota, Fla., and James M. Schoener, Southfield, Mich., for plaintiffs-appellants.

Albert B. Addis, Troy, Mich., for plaintiff-intervenor.

Gary P. Gordon, Asst. Atty. Gen. (argued), Richard P. Gartner, Asst. Atty. Gen., Office of the Atty. Gen. of Michigan, Frank J. Kelley, Office of the Atty. Gen., Appellate Div., and Louis J. Caruso, Sol. Gen., Lansing, Mich., for defendants-appellees.

David W. McKeague and Kurtis T. Wilder, Foster, Swift, Collins & Coey, Lansing, Mich., for defendant-intervenor.

Before JONES and GUY, Circuit Judges, and ENGEL, Senior Circuit Judge.

NATHANIEL R. JONES, Circuit Judge.

Plaintiffs-appellants, George Heitmanis, et al. (Party Delegates), appeal an order denying summary judgment for plaintiffs and dismissing the complaint in this action challenging the constitutionality of the Michigan Election Law. For the following reasons, we reverse.

I.

The Michigan Election Law (the Election Law), which generally regulates the political party conventions in the State of Michigan, grants...

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