O'HARA v. Wayne County Clerk

I concur with the result reached by the majority. Michigan does not have pure county home rule; rather, it specifically allows the Legislature to enact limitations on home rule counties. Because the Legislature is constitutionally empowered to regulate elections, plaintiffs’ contention that the requirement of partisan primary elections in Wayne County is unconstitutional must fail.

The Michigan Constitution provides that a county may adopt a charter “in a manner and with powers and limitations to be provided by general law.” Const 1963, art 7, § 2. This provision is not self-executing and must…