Democrats celebrated when Gov. Gretchen Whitmer signed a bill earlier this year that moved Michigan’s presidential primary election forward to February 2024, saying the earlier date would encourage candidates to focus on issues important to voters in Michigan.
But in response to a lawsuit challenging the Feb. 27 election date, Secretary of State Jocelyn Benson’s acknowledged that the election may not take place until March 12, the second Tuesday of the month, when the primary contest had previously taken place in Michigan. That contradicts information that Benson’s office has been relaying to local clerks, who must prepare for the election.
In a bulletin sent to clerks in June, the Secretary of State’s Office indicated the election was set for Feb. 27.
When Whitmer signed the bill on Feb. 1 to change the date, she also said the primary election would take place on Feb. 27.
At issue is a lawsuit filed Sept. 15 by citizen activist Robert Davis, who points out that the law signed by Whitmer does not become effective until the 91st day after the adjournment of the 2023 legislative session. Since the state House and Senate don’t plan to adjourn until mid- to late-December, 91 days won’t pass before the primary election date of Feb. 27.
Therefore, Davis argues, Benson cannot hold the primary election in February.
Benson “does not have the constitutional nor statutory legal authority to enforce a law that has NOT become operational in accordance with the” Michigan Constitution, the lawsuit states.
In a court filing in response to the lawsuit, Benson admitted that the state cannot hold a Feb. 27 election unless the Legislature ends its session far earlier than scheduled.
“Obviously, if the Legislature does not adjourn in time to make Public Act 2 effective in time to hold a February presidential primary, the primary will be conducted in March as required by” state law, the court filing states.
Davis says Benson’s office has been “disingenuous” with voters, lawmakers, and clerks by failing to alert them that a February primary is highly unlikely.
“She and her staff are so inept and sneaky it’s not funny,” Davis tells Metro Times. “There’s no way they can have an election in February. Now she’s saying, ‘You’re right, if the Legislature doesn’t adjourn by the end of October, it can’t be held in February.’ But that’s not what she’s been telling people.”
The Secretary of State's office, through a spokesperson, admitted that the date of the primary election is currently “unknown.”
Delaying the primary election until March could have enormous implications for Republicans, who have a crowded field of presidential candidates. If the election is held in March, Republican candidates would likely hold off spending a lot of campaign resources in Michigan until a later date.
In Davis’s lawsuit, he is also urging a judge to order Benson to remove Trump from the ballot for violating Section 3 of the Fourteenth Amendment for his role in the insurrection on Jan. 6 at the U.S Capitol. The amendment prohibits people who engage in an insurrection from holding elected office.
Benson previously said she doesn't have the authority to remove a presidential candidate from the ballot. Davis argues it’s her duty to remove him.
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