CONCORD – Secretary of State William Gardner was unconcerned yesterday about an unexpected delay in Michigan and said he will wait out lawmakers and political party officials in that state before setting the date of New Hampshire's first-in-the-nation presidential primary.

A local court in Michigan yesterday ruled as unconstitutional the state law setting up a Jan. 15 presidential primary. The ruling forced the Michigan Democratic Party executive committee on Wednesday night to pull from its meeting agenda an expected decision on whether the party would participate in the Jan. 15 primary or opt out under a provision of the law and instead hold a caucus. That caucus could be earlier than Jan. 15, or perhaps on the same day as the New Hampshire primary.

The deadline under the now-defunct law for opting out of the primary was next Wednesday, Nov. 14.

Michigan Republicans have said they will participate in the January primary and have no qualms about holding their event at least a week after the New Hampshire primary.

Some powerful Michigan Democrats want to end New Hampshire's traditional influence on the nominating process by scheduling their large state's caucus for the same day as the leadoff primary.

Gardner said he was hoping for a definitive decision out of the Michigan Democrats on Wednesday night, so he could move as quickly as possible to set the date of the New Hampshire primary.

Campaigns are becoming increasingly anxious about the primary date as they plan ad buys and strategy for the final stretch.

And now, it's unclear what will happen in Michigan. According to published reports in that state, lawmakers and political leaders there were scrambling yesterday to either try to fix the law as prescribed by the judge to make it constitutional, or appeal the judge's decision.

"We will just wait until there is some resolution of this," Gardner told the New Hampshire Union Leader.

Gardner said he could easily wait until late next week, after Nov. 14, and still set the primary date for mid-December if he is forced to. He has said he prefers to keep the primary in January but would move to December depending on what the Michigan Democrats do.

Gardner said state law requires overseas absentee ballots to be sent from his office and arrive at city and town clerks' offices at least 30 days before the date of the election. He said those have been sent out this week and have arrived.

Standard absentee ballots do not have such a requirement, he said, and will be going out to the clerks shortly.