News (AP) - 'The Tea Party' files state Supreme Court appeal

By Kathy Barks Hoffman AP Political Writer LANSING (AP) -- A shadowy group calling itself "The Tea Party" filed an appeal Tuesday with the Michigan Supreme Court to gain access to the general election ballot. If the state's high court agrees to consider the appeal, it will be the first chance for the court's new 4-3 Democratic majority to weigh in. Democratic Gov. Jennifer Granholm appointed Court of Appeals Judge Alton T. Davis to the Supreme Court last week after Justice Elizabeth Weaver resigned. That cost Republican justices their 4-3 edge, although Weaver had increasingly voted with the Democrats before stepping down. Republicans and tea party activists say "The Tea Party," which has nominated nearly two dozen candidates for the Nov. 2 ballot, is a fake party controlled by Democrats aimed at drawing away votes from GOP candidates. The state faces a Friday deadline to complete candidate lists so local clerks can begin printing ballots for absentee and overseas voters. The Supreme Court doesn't have to agree to hear the case. The three-member Court of Appeals ruled Monday that "The Tea Party" doesn't qualify for the ballot because the word "the" was not in 24-point bold face type on its petitions as required by law. "The Tea Party" filed an emergency appeal Tuesday, according to a Supreme Court spokeswoman. Attorney John Pirich, who represents the GOP and tea partiers, said he'll decide what steps to take once he reviews the appeal. A lawyer for "The Tea Party," Michael Hodge, has argued that the size of the type face isn't reason enough to keep "The Tea Party" off the ballot since the group's petitions substantially meet state requirements. State election officials estimate the party submitted about 45,000 valid voter signatures, far more than required by state law. But opponents want the party disqualified because of what they say are irregularities on the petitions the group circulated to make the ballot. Most tea party activists say they aren't interested in running separate tea party candidates because that will just split the Republican vote. They say they don't know the people behind "The Tea Party" and distrust their intentions. "The Tea Party" is seeking to run candidates for attorney general, secretary of state, two of Michigan's 15 congressional districts, six of 38 seats in the state Senate and eight of 110 seats in the state House. The group also wants to run candidates for the University of Michigan Board of Regents, the State Board of Education and the Oakland County Board of Commissioners. The party is being investigated following allegations that some of its potential candidates may not have known they were being nominated. Published: Thu, Sep 2, 2010

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