[NFBMI-Talk] We Need To Let Folks Know
Lydia Anne Schuck
lydia.a.schuck at wmich.edu
Sat May 2 13:11:22 UTC 2020
Hi Terry, What is this part about?
Because the productive ongoing discussions to make voting machines fully
accessible for independent and private vote casting where prematurely and
unwisely interrupted by the secret decision to litigate by persons not
directly involved in the ongoing discussions, with short-term political
motives, the lawsuit plaintiffs must amend the complaint to include fully
accessible polling place machines.
Thanks, Lydia
________________________________
From: NFBMI-Talk <nfbmi-talk-bounces at nfbnet.org> on behalf of Terry Eagle via NFBMI-Talk <nfbmi-talk at nfbnet.org>
Sent: Saturday, May 2, 2020 8:56 AM
To: 'NFB of Michigan Internet Mailing List' <nfbmi-talk at nfbnet.org>
Cc: terrydeagle at yahoo.com <terrydeagle at yahoo.com>
Subject: Re: [NFBMI-Talk] We Need To Let Folks Know
So while this was a small victory on a single preliminary motion of the
broader case, it is a very long way from a "win" of the case. It is surely
not yet the time to pop the cork on the champagne bottle.
While you state and acknowledge that the case does not incorporate,
address, and resolve our ever present ongoing efforts "to make the unusable,
inaccessible and illegal machines work", and you further state, "We will no
longer tolerate the suppression of blind person's right to vote!".
Based on my reading of the case complaint, the case, no matter the outcome,
is still the " suppression of blind person's right to vote!", as, by your
own admission, the absentee ballot option to vote does not address, and will
not resolve a blind person's right to the option of going to their polling
place to independently and privately exercise the voting franchise, by
casting a vote on an fully accessible and usable voting machine, as do any
non-blind citizen. This amounts to the voting practice of "separate but
equal? Voting by blind persons, a historically horrible practice instituted,
sanctioned, and hailed as equality for African Americans nearly a century
ago in public accommodations, which in fact amounted to defacto segregation
and discrimination of an identified class of American citizens, which was
eventually struck down as unjust and discriminatory segregation. Pursuing
only the absentee ballot option of voting by the National Federation of the
Blind, as the only option for blind persons to exercise their right to
independently and privately cast their vote is to return to the hailed
practice of "separate but equal" public accommodation practice. The
Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1991
(ADA), as well as the Help America Vote Act (HAVA) were specifically
designed and enacted to promote and fully integrate, rather than segregate,
persons with disabilities into American society through fully accessible
public accommodations and service systems.
What is equally disconcerting is that because of the secret decision by a
few NFB board members to pursue litigation by filing the case one day before
a scheduled meeting of ongoing productive discussion with the Michigan
Secretary of State and Election Bureau director, to address and resolve the
matter "to make the unusable, inaccessible and illegal machines work" for
blind persons. The filing of the case prematurely has killed any further
ongoing discussion, and has seriously harmed, if not totally destroyed, the
amicable relationship established between the State, blind, and other
persons with disability from advancing the gains made toward making the
polling site machines fully accessible and independently usable by any blind
person.
The State has indicated it can no longer continue ongoing discussions during
the pending litigation case, thus frustrating, if not ending, productive
attempts "to make the unusable, inaccessible and illegal machines work" for
the blind.
If it is true "that the pressure will remain high until the job is done",
and if it is true, "One of our attorneys said that the NFB never, never
bargains away our Constitutional Rights", then to make these statements as
beliefs reality, then true justice demands that the lawsuit is properly
amended to include the full accessibility and independent use of the polling
place voting machines. Such amendment must include the independent
utilization of the machine without required intervention or assistance by
polling staff to start the machine, options to turn off or turn on
accessible applications, ensure the monitor cannot be viewed by other
persons throughout casting votes, and that paper ballots are of uniform and
the same size as the paper ballot of all other voters. Otherwise, any
resolution of the pending case with only a absentee ballot voting option
that is fully accessible and private, is in essence defacto "separate but
equal" Segregation voting by blind persons who desire and choose to vote
in-person at polling places, and therefore, the job is not done, and the
NFB attorney statement, "the NFB never, never bargains away our
Constitutional Rights" will not be true.
Because the productive ongoing discussions to make voting machines fully
accessible for independent and private vote casting where prematurely and
unwisely interrupted by the secret decision to litigate by persons not
directly involved in the ongoing discussions, with short-term political
motives, the lawsuit plaintiffs must amend the complaint to include fully
accessible polling place machines.
-----Original Message-----
From: NFBMI-Talk <nfbmi-talk-bounces at nfbnet.org> On Behalf Of Fred Wurtzel
via NFBMI-Talk
Sent: Saturday, May 2, 2020 1:35 AM
To: 'NFB of Michigan Internet Mailing List' <nfbmi-talk at nfbnet.org>
Cc: Fred Wurtzel <f.wurtzel at att.net>; 'Ody Norkin' <ody.norkin at gmail.com>
Subject: [NFBMI-Talk] We Need To Let Folks Know
Hello Fellow Federationists,
0
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
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 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.
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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