[NFBMI-Talk] FW: Nfbnet members-list Accessible Absentee Ballots to Become Permanently Available to all Disabled Michigan Voters

Wed May 20 20:26:05 UTC 2020

Fred, 

   I will not diminish and good that can come from this ruling, but I have a great concern about my right to vote in private and know that my vote will be counted.  As of now, I can only see voting by mail will continue to enhance voter fraud and seems to support one political party over another.  Also, nothing has been proven to us that the mailing of ballots is reliable. 
   It is my position that , if polling places are available to others, then I should be able to choose to vote that way and have equipment that will allow me to do my voting in private and independently.  I don't see this ruling allowing me to do that very thing.  Perhaps you can clarify  the situation. 

Thank you, 

Dave Robinson

-----Original Message-----
From: NFBMI-Talk <nfbmi-talk-bounces at nfbnet.org> On Behalf Of Fred Wurtzel via NFBMI-Talk
Sent: Wednesday, May 20, 2020 2:46 PM
To: 'NFB of Michigan Internet Mailing List' <nfbmi-talk at nfbnet.org>
Cc: Fred Wurtzel <f.wurtzel at att.net>
Subject: [NFBMI-Talk] FW: Nfbnet members-list Accessible Absentee Ballots to Become Permanently Available to all Disabled Michigan Voters

Hello Fellow Federationists,

Below is an announcement about our victory in federal court to make Michigan Elections accessible to blind folks.  I am re-posting this in order to thank, on behalf of Mike and me,  those who were instrumental in making this possible.

It is not trivial that a federal court has ordered our Michigan Secretary of State to assure that blind folks have the right to an accessible and private ballot in our August and November elections and all elections to come.  There is nothing more fundamental to being an American than voting.    A federal court order is a powerful way to establish our rights as blind people to first class citizenship by making our right to vote part of case law. The Michigan ruling has influence on other states and their blind citizens  beyond Michigan.

Thank you to Jason Terkish for taking on this case and doing a great job in representing Mike and me.  Thank you to Ody Norkin, a Capital Region Chapter member for helping us to make this happen.  Thank you to President Mark Riccobono for supporting the NFB of Michigan in joining this lawsuit as co-complainant.  The support of our national office was invaluable in terms of additional legal assistance from Eve Hill of Brown, Goldstein and levy. Thank you to our awesome NFB staff for contributing the considerable storehouse of technical information which made it impossible for the Michigan Secretary of State to plead that she could not make elections accessible.

Most of all, thank you to you, members of our wonderful Michigan affiliate for your strong support.  Together, over the years, we have stood up for civil rights dating back to supporting Evelyn Weckerly, Michigan's first blind regular ed teacher, white cane legislation, Michigan Public Act 220 (Civil Rights Law for persons with disabilities) Braille literacy legislation, and many more laws and rules moving our rights to fully participate in our society forward.  Every one of us as members is important.  We are the blind speaking for ourselves and there is nothing more powerful in gaining our first class status than that.
We will need everyone to vote.  We will need to use the system in order to assure that it is functioning as we expect.  It is important to identify any areas of improvement needed to make all subsequent election ballots even more accessible and usable.  

Happy voting.

Warmest Regards,

Fred
Living the Voting Life I choose
-----Original Message-----
From: NFBMI-Talk [mailto:nfbmi-talk-bounces at nfbnet.org] 
To: 'NFB of Michigan Internet Mailing List' <nfbmi-talk at nfbnet.org>
Subject: [NFBMI-Talk] Nfbnet members-list Accessible Absentee Ballots to Become Permanently Available to all Disabled Michigan Voters

Blind Michigan Voters Win Groundbreaking Lawsuit 

 Accessible Absentee Ballots to Become Permanently Available to all Disabled Michigan Voters   

Southfield, Michigan (May 19, 2020): In a historic outcome, a Federal Court in Detroit has approved a consent decree that orders the State of Michigan to provide accessible absentee ballots to blind Michigan voters in all future elections. The lawsuit, filed on behalf of blind voters Michael Powell and Fred Wurtzel, along with the National Federation of the Blind of Michigan, alleged that Michigan Secretary of State Jocelyn Benson and Director of Elections Jonathan Brater violated the Americans with Disabilities Act by failing to provide absentee ballots that can be completed by the blind. The lawsuit additionally argued that the COVID-19 pandemic will result in most, if not all, Michiganders voting by absentee or mail-in ballot in upcoming elections. This prospect threatened the voting rights of blind Michiganders because the State of Michigan has yet to offer an accessible absentee ballot, even though no-reason absentee voting was enshrined in the Michigan Constitution in 2018.  

“The Americans with Disabilities Act is not optional—it requires state services to be offered in an equal manner—particularly a service as fundamental as voting,” said Jason Turkish, President and Managing Partner of Nyman Turkish PC, attorney for Plaintiffs Wurtzel and Powell. “The right to vote is fundamental to a thriving democracy. Today we have bolstered our democracy by ensuring everyone has equal access to the ballot box, regardless of disability.” 

Today’s consent decree signed by US District Court Judge Gershwin Drain is the second victory for the Plaintiffs in the case, who previously obtained a landmark consent order requiring the State to implement a temporary accessible ballot for blind voters in time for the May 2020 local elections. The new consent decree will result in a permanent solution that has been tested and proven effective for use by blind voters in other states. 

“The National Federation of the Blind has been urging voting jurisdictions to adopt vote-by-mail systems that are accessible for years now,” said Mark Riccobono, President of the National Federation of the Blind. “These systems are required by federal law, benefit many voters with disabilities, and are especially critical as jurisdictions try to prevent the spread of COVID-19. The National Federation of the Blind is therefore escalating our effort to promote adoption of these systems so that blind and deafblind voters everywhere can participate equally in American democracy.”

“Voting has always been an important part of my life,” said Plaintiff Michael Powell, President of the National Federation of the Blind of Michigan. “The blind have faced historic barriers to participating in the political process. Today’s victory is a positive step toward ensuring the full participation of the blind in all aspects of society, including the political sphere.” 

The Court will retain jurisdiction to enforce today’s order and monitor the voting system, and the State will be required to provide periodic updates on the progress of implementation. 

“Even one person being denied the right to vote is corrosive to democracy,” said David Mittleman, Partner at Grewal Law and co-counsel for the Plaintiffs. “The courage demonstrated by the Plaintiffs to stand up, not just for their own rights, but for the rights of those similarly situated, is a testament to their character and has resulted in a revolutionary outcome that will protect the rights of disabled Michiganders for years to come.”  

For more information on new absentee voting options, continue to visit the Secretary of State’s website at:  <https://www.michigan.gov/elections.> https://www.michigan.gov/elections. 

The National Federation of the Blind of Michigan was represented by Eve L. Hill of the Baltimore firm  <https://browngold.com/> Brown, Goldstein & Levy LLP.

###

About the National Federation of the Blind 

The National Federation of the Blind (NFB), headquartered in Baltimore, is the oldest and largest nationwide organization of blind Americans. Founded in 1940, the NFB consists of affiliates, chapters, and divisions in the fifty states, Washington DC, and Puerto Rico. The NFB defends the rights of blind people of all ages and provides information and support to families with blind children, older Americans who are losing vision, and more. We believe in the hopes and dreams of blind people and work together to transform them into reality. Learn more about our many programs and initiatives at www.nfb.org <http://www.nfb.org> . 

CONTACT:

Chris Danielsen

Director of Public Relations

National Federation of the Blind

(410) 659-9314, extension 2330

(410) 262-1281 (Cell)

cdanielsen at nfb.org <mailto:cdanielsen at nfb.org> 

Also available at: https://www.nfb.org/about-us/press-room/blind-michigan-voters-win-groundbreaking-lawsuit

Christopher S. Danielsen, J.D.

Director of Public Relations

200 East Wells Street, Baltimore, MD 21230

(410) 659-9314, Ext. 2330 | cdanielsen at nfb.org <mailto:cdanielsen at nfb.org> 

Twitter: @rlawyer 

 <https://nfb.org/> 

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The National Federation of the Blind is a community of members and friends who believe in the hopes and dreams of the nation’s blind. Every day we work together to help blind people live the lives they want. 

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