Legal Opinion

Ferency v. Secretary of State

Michigan Court of Appeals

Decided July 22, 1991No. Docket 129240PublishedCited by 11 opinions

1Opinion of the CourtSawyer, P.J.

Defendant appeals from an order granting summary disposition in favor of plaintiff pursuant to MCR 2.116(0(10) and declaring uncon*401stitutional certain portions of the Michigan Election Law, MCL 168.1 et seq.; MSA 6.1001 et seq., that deal with the conducting of presidential and general partisan primary elections. We reverse.

Plaintiff filed his complaint in circuit court, seeking to have declared unconstitutional 1988 PA 275, which establishes a closed presidential primary. Under the provisions of the act, in order to be eligible to vote in the presidential primary, a voter must declare, at…

2Cases cited20 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Sweezy v. New Hampshire Ex Rel. WymanSupreme Court of the United States · 1957
  5. Kusper v. PontikesSupreme Court of the United States · 1973

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3Cited by11 opinions

  1. Gallagher v. KeefeMichigan Court of Appeals · 1999
  2. Practical Political Consulting, Inc. v. Secretary of StateMichigan Court of Appeals · 2010
  3. O'CALLAGHAN v. State, Director of ElectionsAlaska Supreme Court · 2000
  4. O'HARA v. Wayne County ClerkMichigan Court of Appeals · 2000
  5. Ferency v. Secretary of StateMichigan Court of Appeals · 1991

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