Does the court have jurisdiction to answer Secretary of the State Susan Bysiewicz’s question regarding her eligibility?
While the Republican Party raised the question in court it has decided not to pursue the jurisdictional argument about whether the time is ripe for Bysiewicz to bring her case to court.
Gersten told Superior Court Judge Michael R. Sheldon Tuesday that significant issues remain about whether Bysiewicz who is not even the party’s nominee should be able to file lawsuit at this time.
But after having a night to think about it, Republican Party Chairman Chris Healy said he believes the judge “will do the right thing.”
“We think we made compelling arguments,” Healy said confirming that the party has declined to make the jurisdictional argument.
It’s unclear exactly how soon Judge Sheldon will make his ruling in the case, but he has acknowledged the need to make a decision quickly.