Heitmanis v. Austin

899 F.2d 521, 1990 WL 33625
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 29, 1990
DocketNo. 88-1214
StatusPublished
Cited by31 cases

This text of 899 F.2d 521 (Heitmanis v. Austin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heitmanis v. Austin, 899 F.2d 521, 1990 WL 33625 (6th Cir. 1990).

Opinion

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 automatic delegate status to party nominees and party legislators at state and county conventions. M.C.L.A. § 168.591 et seq. (West 1988). Specifically, [523]*523the disputed sections of the Law provide for the following:

—§ 168.611 provides that delegates elected to the prior fall county convention shall reconvene in the presidential year. Two district delegates from each congressional district shall be selected in caucus to act as National Convention Delegates for each party;1
—§ 168.593 provides that the number and apportionment of delegates to the state party convention is based upon the vote in the Secretary of State contest in the preceding November;
—§ 168.595 provides for the apportionment of county delegates based upon the vote in the Secretary of State contest in the preceding November;
—§ 168.595a provides that “all incumbent members of the state legislature shall be entitled to attend the convention of their political party as delegates at large of the county in which they maintain their legal residence;”
—§ 168.598 provides that the state parties shall allocate an additional number of delegates to make room for the incumbent legislators;
—§ 168.599(1) provides that incumbent legislators nominated by their party, along with an equal number of persons selected from the delegates at the county conventions, shall make up the executive committee of the county party with the authority to select its officers;
—§ 168.599(5) provides that all party nominees to county and state legislative offices shall be delegates at-large to county conventions.

The rules of the National Republican Party (National Party) governing the selection of national convention delegates are adopted at the preceding national convention. Before the 1984 convention, National Party Rule 31(r) did not permit “automatic delegates at any level of the delegate selection procedures who serve by virtue of party position or elective office.” J.App. at 96a. The Michigan Republican State Central Committee (State Party) Rules explicitly incorporated this rule into Rule 5, which states that incumbent members of the state legislature would not be automatic delegates at large in the 1984 state and county conventions. Id. at 102. Roger Allan Moore, general counsel to the Republican National Committee (RNC) and to the Standing Committee on Rules of the RNC (Rules Committee), stated that following the 1980 Convention, the Technical Amendments Subcommittee became aware of eighteen states (including Michigan) that permitted or required participation of party or elected officials as automatic delegates in county caucuses or conventions. Id. at 140. In order to make the national party rules consistent with the procedures in these states, the Rules Committee recommended revising Rule 31(r). On August 20, 1984, the Republican National Convention adopted this recommendation.

The amended rule, renumbered as Rule 32(b)(7), provides that “there shall be no automatic delegates to the national convention who serve by virtue of party position or elective office.” Id. at 117 (emphasis added). Rule 32(c)(5) of the 1988 Rules provides that “no delegates shall be deemed eligible to participate in any Congressional district or state convention the purpose of which is to elect delegates to the national convention who are elected prior to the date of the issuance of the call of such national convention.” Id. at 118. However, both of these rules must be placed in the context of the general provision of National Party Rule 32(a):

(a) Order of Precedence
Delegates ... shall be elected in the following manner:
(1) In accordance with any applicable laws of a state, insofar as the same are not inconsistent with these [National Party] rules; or
(2) To the extent not provided for in the applicable laws of a state, in accordance with any applicable Republican Party rules of a state, insofar as the same [524]*524are not inconsistent with these [National Party] rules ...

Id. at 117. On the basis of Rule 32(a), Moore explains that since the 1976 Convention, the policy has been that Rule 32(c)(5) only applies if there is no contrary governing state law. Moore concludes that the 1988 Rules explicitly provide insofar as the 1988 Rules incorporated state law, that state law supersedes state party rules where there is a conflict, unless the state statute is declared unconstitutional. Id. at 141-42. Finally, we note that National Rules 38-40 establish procedures for settling intra-party disputes over the seating of delegates.

Following the changes in the National Party Rules, on December 7, 1985, the State Party adopted new rules for the 1988 conventions. The new State Party Rule 5 no longer referred to National Party Rule 31(r), but still restricted incumbent members of the state legislature from being automatic delegates to county and state conventions, pursuant to National Party Rule 32(c)(5). These incumbents could participate only if elected as delegates to the county or state conventions. On December 13,1986, the State Party again amended its rules. Rule 5 was renumbered as Rule 4, but it still provided that incumbent members of the state legislature were not automatic delegates at-large. The Committee also added a new paragraph pursuant to M.C.L.A. § 168.599(5) which clarified that non-incumbent nominees for county and legislative office would be at-large delegates to the 1988 county conventions.

In April 1987, a dispute arose among the various 1988 Republican Party presidential candidates concerning who could be delegates to the 1988 county conventions. After failing to reach agreement, the State Central Committee again amended Rule 4 on September 15, 1987 to read as follows:

[F]or the purposes of the 1988 county (district) and state conventions, incumbent members of the state legislatures are not automatic delegates at large and cannot participate in the selection of state delegates and alternates unless they were elected as precinct delegates in the August 5, 1986 primary.
In addition, prior nominees for county office or for the state legislature are not automatic delegates at large and cannot participate in the selection of state and national delegates or alternates unless they are elected as delegates to the county (district) and state conventions.

J.App. at 40 (emphasis in original).

On October 8, 1987, State Senator Vernon J.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taylor v. KKR & Co., L.P.
E.D. Kentucky, 2022
Hill v. Tischbein
E.D. Kentucky, 2021
Taylor ex rel. Flagstar Bankcorp, Inc. v. Campanelli
29 F. Supp. 3d 972 (E.D. Michigan, 2014)
United American Healthcare Corp. v. Backs
997 F. Supp. 2d 741 (E.D. Michigan, 2014)
Blake v. Wells Fargo Bank, N.A.
917 F. Supp. 2d 732 (S.D. Ohio, 2013)
Milgrom v. Burstein
374 F. Supp. 2d 523 (E.D. Kentucky, 2005)
Healthcare Capital, LLC v. Healthmed, Inc.
213 F. Supp. 2d 850 (S.D. Ohio, 2002)
Zack v. United States
224 B.R. 601 (E.D. Michigan, 1998)
Louisiana Republican Party v. Foster
674 So. 2d 225 (Supreme Court of Louisiana, 1996)
Federal Deposit Insurance Corporation v. Bates
42 F.3d 369 (Sixth Circuit, 1995)
Federal Deposit Insurance v. Bates
42 F.3d 369 (Sixth Circuit, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
899 F.2d 521, 1990 WL 33625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heitmanis-v-austin-ca6-1990.