[msb-alumni] Re: Judge Rules SOS Must Make May 5 Election Absentee Ballots Accessible to Blind voters
- From: Marcie Brink-Chaney <chaneyma@xxxxxxxxxxxxx>
- To: msb-alumni@xxxxxxxxxxxxx
- Date: Sat, 2 May 2020 01:38:35 -0400
Where do you look for which counties are having elections on the fifth? I
wish we all had the online voting all of the time! Good job for anyone who
helped with this.
Marcie Brink-Chaney
Sent from my iPhone
On May 2, 2020, at 12:31 AM, Fred Wurtzel <f.wurtzel@xxxxxxx> wrote:
Hello,
It was a long shot, but we won the first leg of our case. The Secretary of
State is being ordered to make the May 5 Election absentee ballots accessible.
Read the Judge’s order, below, for details. This solution is just for this
election. The Judge will work with us to help the SOS build a very good and
accessible absentee ballot. There are some top accessibility experts and
advocates who will be watching each step closely to create a great finished
product. At least, given this improbable, yet just, outcome, I am quite
optimistic at this moment.
This is a relatively small election. There are only 55 counties voting.
However, those of you in St Clair County have an important transportation
millage. There may be other ballot items in other counties which are directly
related to blind persons.
This is a last minute thing, so getting information out to folks who will vote
will be difficult. Please share this with all the blind folks you know and
encourage them to try it and let us all know how it went..
If anyone has questions, please feel free to contact me off list.
Warmest Regards,
Fred
stamped order (003).pdf
Case 2:20-cv-11023-GAD-MJH ECF No. 24 filed 05/01/20 PageID.277 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
table with 3 columns and 7 rows
MICHAEL POWELL, and FRED WURTZEL, individually and on behalf of those similarly
situated, and,
Case No. 20-11023 Hon. Gershwin Drain Mag. Judge Michael J. Hluchaniuk
THE NATIONAL FEDERATION OF THE BLIND OF MICHIGAN,
Plaintiffs,
v.
JOCELYN BENSON, MICHIGAN SECRETARY OF STATE, in her official capacity, and
JONATHAN BRATER, MICHIGAN DIRECTOR OF ELECTIONS, in his official capacity,
Defendants.
/
table end
STIPULATION AND CONSENT ORDER RESOLVING PLAINTIFFS’ MOTION FOR TEMPORARY
RESTRAINING ORDER [ECF # 16]
The Parties, by and through undersigned counsel, jointly stipulate to the
resolution of Plaintiffs’ Motion for Temporary Restraining Order [ECF # 16]
pursuant
to the following terms:
Case 2:20-cv-11023-GAD-MJH ECF No. 24 filed 05/01/20 PageID.278 Page 2 of 7
1.
Defendants will make the State’s Uniformed and Overseas Citizens Absentee
Voting Act (UOCAVA) absentee ballots available to eligible voters in the State
of Michigan who provide a declaration that they are blind or otherwise severely
disabled, and that such disability would prevent them from being able to
independently complete a paper absentee ballot, without traveling to a location
accepting in-person registration and voting on May 5, 2020.
2.
Any individual eligible for the relief contemplated in paragraph one must by
Tuesday May 5, 2020 at 4 P.M. EST submit their application and declaration,
which will be made available on the Bureau of Elections website. The
application will be authenticated by a Michigan driver’s license, a Michigan
state
personal identification card number, or the last four digits of the voter’s
social security number.
3.
Any individual who submits a declaration requesting the relief contemplated in
paragraph one certifies under penalty of perjury that they have a disability
and require use of the UOCAVA absentee ballot in order to vote privately and
independently. Such certification will be available online in an accessible
manner.
4.
Eligible disabled voters may submit their application and declaration to the
appropriate local clerk by mail or by e-mail, and copy the Michigan Bureau
2
Case 2:20-cv-11023-GAD-MJH ECF No. 24 filed 05/01/20 PageID.279 Page 3 of 7
of Elections. Upon receiving such a request, the clerk will record the voter as
having been issued a UOCAVA ballot in the qualified voter file and forward
the generated ballot to the Bureau of Elections. The Bureau of Elections will
then generate a standard UOCAVA ballot and make the ballot compatible with
standard screen reader technology, including Job Access with Speech (JAWS)
software, by taking all steps necessary to ensure that the UOCAVA ballot allows
for the insertion of tags and fillable objects so that it can be completed
independently and privately by the requesting individual using standard,
accessible
technology, namely a screen reader program. The Bureau of Elections will then
forward the accessible ballot to the requesting voter, along with instructions
on how to return the ballot— including instructions to put the ballot in an
envelope and sign the back of the envelope—and copy the voter’s clerk.
5.
The voter will return the UOCAVA ballot to the appropriate city or township
clerk’s office upon completion. Voters will be instructed to sign the back
of the envelope containing the ballot. Voters may return their ballot by
first-class mail, by hand-delivery to the clerk’s office in the voter’s
jurisdiction,
or by calling the local clerk for a pick-up of their ballot within the clerk’s
jurisdiction before 4 p.m. on May 5, 2020. Voters must request
3
Case 2:20-cv-11023-GAD-MJH ECF No. 24 filed 05/01/20 PageID.280 Page 4 of 7
pick up by 4 p.m., hand deliver by 8 p.m., or postmark the ballot on Tuesday,
May 5, 2020.
6.
The Michigan Bureau of Elections will ensure that all timely completed and
returned UOCAVA ballots are counted in the final tabulation and certification
of the May 5, 2020 elections, provided the ballots are received by the clerk by
Thursday, May 7, 2020. Voters are encouraged to utilize pick-up or delivery
options if they are voting on Tuesday, May 5, 2020.
7.
The Court will retain the authority to take all reasonable and necessary action
to ensure enforcement of this stipulation, including convening status
conferences
between the parties on Monday May 4, 2020, Tuesday May 5, 2020, and Friday May
8, 2020.
8.
The parties agree that this stipulation applies only to the May 5, 2020
elections and does not resolve Plaintiffs’ Motion for Preliminary Injunction
[ECF
# 2] as to the August and November 2020 elections, as well as all future
elections.
9.
Defendants shall issue a press release no later than 8 P.M. today, May 1, 2020
informing eligible voters of the voting option contemplated herein. Such
release shall be issued in an accessible form and include a copy of this Order.
Notice of this option will also be posted on the Bureau of Elections website,
along with a copy of this Order no later than 10 a.m., May 2, 2020.
4
Case 2:20-cv-11023-GAD-MJH ECF No. 24 filed 05/01/20 PageID.281 Page 5 of 7
table with 2 columns and 23 rows
Respectfully submitted,
/s/ Eve Hill
/s/ Jason M. Turkish
Eve Hill (MD Federal Bar# 19938)
Jason M. Turkish (P76310)
BROWN, GOLDSTEIN & LEVY LLP
Ryan T. Kaiser (P79491)
120 E. Baltimore St., Ste. 1700
Melissa M. Nyman (CA Bar # 293207)
Baltimore, MD 21202
NYMAN TURKISH PC
Phone: 410-962-1030
20750 Civic Center Dr., Ste. 290
Fax: 410-385-0869
Southfield, MI 48076
ehill@xxxxxxxxxxxxx
Phone: 248-284-2480
Fax: 248-262-5024
Counsel for Plaintiff The
Jason.Turkish@xxxxxxxxxxxxxxxx
National Federation of the
Ryan.Kaiser@xxxxxxxxxxxxxxxx
Blind of Michigan
Melissa.Nyman@xxxxxxxxxxxxxxxx
/s/ Eric Grill
David Mittleman
Erik A. Grill (P64713)
David Mittleman (P37490)
Heather S. Meingast (P55439)
GREWAL LAW, PLLC
Assistant Attorneys General
2290 Science Parkway
P.O. Box 30736
Okemos, MI 48864
Lansing, Michigan 48909
Phone: 517-393-3000
517.335.7659
Fax: 517-393-3003
Email: grille@xxxxxxxxxxxx
dmittleman@xxxxxxxxxxx
P64713
Counsel for Defendants
Counsel for Plaintiffs Powell and Wurtzel
table end
5
Case 2:20-cv-11023-GAD-MJH ECF No. 24 filed 05/01/20 PageID.282 Page 6 of 7
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
table with 3 columns and 8 rows
MICHAEL POWELL, and FRED WURTZEL, individually and on behalf of those similarly
situated, and, Hluchaniuk
Case No. 20-11023 Hon. Gershwin Drain Mag. Judge Michael J.
THE NATIONAL FEDERATION OF THE BLIND OF MICHIGAN,
Plaintiffs,
v.
JOCELYN BENSON, MICHIGAN SECRETARY OF STATE, in her official capacity, and
JONATHAN BRATER, MICHIGAN DIRECTOR OF ELECTIONS, in his official capacity,
Defendants.
/
ORDER
table end
WHEREFORE, The Court, having received, read, and considered the stipulation of
the parties, and good cause appearing therefrom, adopts the stipulation
of the parties in its entirety as its ORDER this 1st day of May, 2020.
6
Case 2:20-cv-11023-GAD-MJH ECF No. 24 filed 05/01/20 PageID.283 Page 7 of 7
table with 2 columns and 2 rows
SO ORDERED.
Dated: May 1, 2020
s/Gershwin A. Drain Hon. Gershwin A. Drain U.S. District Court Judge
table end
7
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