LANSING, Mich. (AP) — Michigan Democrats said Wednesday they're sticking with the Jan. 15 presidential primary — for now.

The party also told the secretary of state that it reserves the right to switch to a caucus if the primary isn't held.

A circuit court last week ruled the law setting up the primary is unconstitutional, possibly derailing the election. The Michigan Court of Appeals will hear oral arguments in that case Thursday. State officials have asked that the ruling be overturned.

The uncertainty over whether the primary is on or off is affecting not just Michigan's election but New Hampshire's, where Secretary of State Bill Gardner is waiting to see what happens in Michigan before setting the date for his primary, the first after the Iowa caucuses.

He's concerned that, if the Jan. 15 primary isn't held, Michigan Democrats could decide to hold their presidential caucus on the same day as the New Hampshire primary. Michigan Sen. Carl Levin has suggested such a move, although the election plan on file with the Democratic National Committee calls for holding the Michigan caucus on Feb. 9.

Gardner said he's not going to be rushed into a decision, even though presidential candidates are wondering if New Hampshire voters will be going to the polls in mid-December or possibly as late as Jan. 8.

Gardner has sole discretion for setting the primary date in his state. Asked Wednesday if he expected to decide the date this week, he said, "I don't think so, no."

"We're OK to just wait this out and just keep our options open," he added, although he would like Michigan to resolve soon when it's going to hold its election.

Michigan Republicans sent a letter Tuesday to the secretary of state saying they want to stick with the Jan. 15 primary, although they could be forced to nominate their favorites at a party convention if the primary falls through. Wednesday was the deadline for both parties to say if they were going to use the primary to choose their presidential favorites.

Lawmakers so far have failed to pass a new law to replace the one ruled unconstitutional.