[NFBMI-Talk] We Need To Let Folks Know

Sat May 2 05:35:29 UTC 2020

Hello Fellow Federationists,

Well, I feel so proud, tonight as most always, but especially, tonight, to
be a member of the NFB of Michigan.  Today we won, what is probably, the
biggest victory we have ever won in Michigan.  It is up there with the
Evelyn Weckerly case where we won the right of blind people to be teachers
in any school in our state.  The Judge's order is pasted in at the end of
this message, so you can read it for yourself and even take it to the
clerk's office in case you need to explain your right to vote.  

We won our case against the Michigan Secretary of State to Make absentee
ballots accessible to blind Michigan citizens.  This victory secures our
constitutional right to vote safely, independently and privately.  Our
constitutional right to vote is the most important right we have as American
citizens.  This ruling will apply to the elections coming up this Tuesday
the 5th.  We do not have much time to let others know about our newly
created ability to safely, privately and independently vote without the
involvement of another person.  

Today's ruling will only apply to the May 5 election which takes place in 55
counties.  For example, there is an important transportation issue on the
ballot in St. Clair County where Port Huron is.  There may be other
important things to vote on which directly affect us as blind persons.

Now that we have secured this right, we need to work hard to use it.  We
need to call all of our friends and let them know what this organization has
accomplished and get them out to the polls to vote.

The May 5 election is a lead-up to the November election.  The November
Election promises to be one of the biggest elections ever.  We need to be
able to fully participate in the election on our own terms.  We will not,
shall not tolerate having to stand around waiting for someone to learn how
to make the unusable, inaccessible and illegal machines work.   We will no
longer tolerate the suppression of blind person's right to vote!  This
ruling promises to allow us to receive a ballot at home, be able to vote the
ballot at home and then either mail it in or personally deliver it to our
city or township clerk.  But wait. . .there's more!  This ruling even
requires the clerk to come to your house to retrieve your ballot if you
cannot get it submitted in time.  If the Judge helps us keep the SOS's feet
to the fire, and it looks like he will, we will have an accessible, private
and safe way to vote in August and November, as well as on the 5th.

Today, we had some of the best civil rights lawyers and blindness technology
experts in the nation working on our side helping the Judge understand our
needs and how blind people vote.  There is every reason to expect that the
pressure will remain high until the job is done.  One of our attorneys said
that the NFB never, never bargains away our Constitutional Rights.

So, pleas share this email with everyone on your list and, most importantly,
vote.  Let us know what you think.  The more feedback we get, positive and
negative, the better we will be able to make the system that we will need to
use to vote efficiently in November.  This election may be small, but it is
very significant in terms of demonstrating the need and finding out whether
the SOS is serious about assuring our rights, all this with a United States
Federal Judge watching.

If you ever wondered where your PAC plan money and other contributions go,
today's victory proves that every penny is well-spent.  Join or Increase
your PAC plan and help us keep winning important civil rights victories for
ourselves and those who come after us.

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 

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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 

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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 at browngold.com 

Phone: 248-284-2480  

Fax: 248-262-5024  

Counsel for Plaintiff The 

Jason.Turkish at NymanTurkish.com  

National Federation of the 

Ryan.Kaiser at NymanTurkish.com  

Blind of Michigan 

Melissa.Nyman at NymanTurkish.com  

/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 at michigan.gov

dmittleman at 4grewal.com  

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. 

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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

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