Gallagher v. Keefe

I concur with the majority that plaintiff has standing to bring this suit under MCR 3.306(B)(2) and that laches does not bar plaintiff’s action. I respectfully dissent, however, from the majority’s conclusion that defendant did not satisfy state-law eligibility requirements for a candidate in the primary election.

In Line v Bd of Election Canvassers of Menominee Co, 154 Mich 329, 332; 117 NW 730 (1908), our Supreme Court held that a primary election is not an election to public office, but is merely the selection of candidates for office by the members of a political party in a manner having…