The opinion
Murphy, J.
(concurring). I concur that the trial court erred in declaring MCL 168.576; MSA 6.1576 to be unconstitutional, because the issue of its constitutionality was not a controverted issue before the court, nor was the determination of its constitutionality germane to the determination of the constitutionality of 1988 PA 275 . The closed primary election at issue is not a regular election that places a person in public office, but rather a mechanism used by the political parties to select their candidates for the office of President of the United States. Participants are not required to reveal for whom they vote, nor are they bound to a particular party in the regular election. Thus, their ballot remains secret. Accordingly, I find no violation of Const 1963, art 2, § 1 or § 4. Finally, I concur with the majority opinion’s reasoning that 1988 PA 275 does not unreasonably infringe on an individual’s constitutional right of association.
I would reverse the decision of the trial court, but would not award costs to either party, because a public question is involved.