Judge orders checkbox off the November ballot application
In a ruling from the bench, a federal judge last Friday issued an injunction against Secretary of State Ruth Johnson’s controversial “citizenship checkbox.” The ruling comes after a day of testimony and arguments. A voting rights coalition brought the lawsuit requesting Judge Paul D. Borman strike down the checkbox as unconstitutional and a violation of federal and state law.
In his ruling from the bench, Judge Borman stated that the checkbox “will create chaos” and cause “irreparable injury to the voting process.”
The coalition successfully argued that the erratic and inconsistent implementation of the checkbox would violate the Fourteenth Amendment’s Equal Protection Clause, which requires voting rules and regulations to apply uniformly across the state. The lawsuit was filed last month by the American Civil Liberties Union of Michigan, Service Employees International Union (SEIU), Latin Americans for Social and Economic Development (LA SED), Ingham County Clerk Michael Bryanton, and registered voters from East Lansing, Shelby Township, and Buena Vista Township filed the case with support from the UAW International.
Commented Dan Korobkin, ACLU of Michigan staff attorney, “Today’s decision is a clear victory for Michigan voters and the cause of voting rights across the country. There is no question that, without the court’s intervention, the chaos that persisted during the August primary election will be replayed on a greater scale during the November general election. We are encouraged by the decision and hope to work with the Secretary of State on initiatives that will truly ensure that voting is convenient and open to every eligible voter in our state.”
To read the winning motion, go to http://www.aclumich.org/sites/default/files/Checkbox_Preliminary_Injunction2012.pdf
According to the Sept. 17 lawsuit, the checkbox is unlawful because it lacks statutory authority; was not promulgated through the required rule-making process of the Michigan Administrative Procedures Act, which requires a public notice and opportunities for public comment and a hearing; and violates the Voting Rights Act’s preclearance requirement, which requires the state to seek permission from the Justice Department or a federal court before making changes to election practices that impact voters in two Michigan townships, Buena Vista and Clyde.
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