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USSAF v. Land

(page last updated January 7, 2009 at 2:15 PM)

Case Information

Current Court: U.S. 6th Circuit Court of Appeals (Case 08-2352)
All Courts: U.S. District Court for the Eastern District of Michigan (Case 2:08-cv-14019); U.S. 6th Circuit Court of Appeals (Case 08-2352)
Topic(s): Voter Registration, State Voter Registration Databases
State: Michigan
Date Filed: September 17, 2008

Issue:

Whether certain alleged state voter purgation procedures violate Michigan state law, the National Voter Registration Act, the Civil Rights Act, and the First and Fourteenth Amendments of the U.S. Constitution. 

Status:

Appeal pending with the 6th Circuit Court of Appeals.  Decision issued on 10/30/08 denying the requested stay of the Preliminary Injunction issued by the District Court.

Court of Appeals Documents

• OPINION filed: Defendants' motion for expedited review is GRANTED; defendants' motion for a stay, leaving in place the district court's preliminary injunction is DENIED. The clerk is directed to establish an expedited briefing schedule for the defendants' appeal of the preliminary injunction ordered by the district court; decision for publication pursuant to local rule 206. Karen Nelson Moore (AUTHORING), Helene White, Circuit Judges; C. Roger Vinson (DISSENTING), U.S. District Judge for the ND of Florida (entered 10/29/08)
• Decision (filed 10/30/08)
• Judgment (filed 10/30/08)
• Briefing Letter (filed 10/30/08)
• Designation of Record (filed 11/18/08)
• Appellants Michigan Secretary of State Terry Lynn Land and Director of Elections Christopher M. Thomas' BRIEF on appeal (filed 11/21/08)
• Designation of Record (filed 11/24/08)
• MOTION by Plaintiffs-Appellees' to Extend Time to File Brief in Opposition to Defendants-Appellants' Appeal Brief (filed 12/9/08)
• LETTER SENT granting motion to extend time to file brief (entered 12/10/08)
• APPELLEE BRIEF filed by Ms. Deborah T. Kovsky-Apap for American Civil Liberties Union of Michigan, et al. (filed 12/19/08)
• MOTION by Defendants-Appellants for 7 Day Extension to File Reply Brief (filed 1/2/09)
• LETTER sent granting motion to extend time to file reply brief (entered 1/5/09)

District Court Documents

• Complaint (filed 9/17/08)
• Ex Parte MOTION for Leave to File Brief in Support of MOtion for Preliminary Injunction in Excess of Twenty Pages (filed 9/17/08)
• MOTION for Preliminary Injunction and Brief in Support of Plaintiffs' Motion for Preliminary Injunction (filed 9/17/08)
  • Index of Exhibits
  • Exhibit 1 Declaration of Carmen Berkley
  • Exhibit 2 Declaration of Kary L. Moss
  • Exhibit 3 Michigan Department of State "The Michigan Qualified Voter File"
  • Exhibit 4 Voter Registration Module - Chapter 1 dated January 1, 2003
  • Exhibit 5 Michigan Department of State "Frequently Asked Questions"
  • Exhibit 6 Michigan Department of State information
  • Exhibit 7 Michigan Department of State October 11, 2006 (Issue 255)
  • Exhibit 8 Simple Sample Voter II 30-Day Notice of Cancellation
  • Exhibit 9 Advancement Project letter dated July 8, 2008
  • Exhibit 10 Michigan Department of State letter dated August 29, 2008
  • Exhibit 11 National Voter Registration Act of 1993
  • Exhibit 12 Brennan Center for Justice "The Truth About Voter Fraud"
• ORDER granting Motion for Leave to File Excess Pages and Expedited Briefing Schedule (entered 9/23/08)
• RESPONSE to MOTION for Preliminary Injunction and Brief in Support of Plaintiffs' Motion for Preliminary Injunction Answer (filed 9/26/08)
• MOTION for Leave to File Excess Pages (filed 9/26/08)
• ORDER granting Motion for Leave to File Excess Pages (entered 9/29/08)
• Ex Parte MOTION for Leave to File Excess Pages by United States Student Association Foundation (filed 9/29/08)
• REPLY to Response regarding MOTION for Preliminary Injunction (filed 9/29/08)
• INDEX of Exhibits regarding Reply to Response to Motion (filed 9/29/08)
  • Exhibit 1 - What Every Voter Should Know
  • Exhibit 2 - NSP-938B Michigan Voter Registration Application
  • Exhibit 3 - Michigan Voter Registration Application
  • Exhibit 4 - Procedure for Handling Envelope Ballots Returned to Clerks Office
  • Exhibit 5 - Declaration of Brandon A. Jessup
• AMENDED COMPLAINT First Amended Complaint (filed 10/7/08)
• ORDER granting in part and denying in part Motion for Preliminary Injunction (entered 10/13/08)
• TRANSCRIPT of Plaintiffs' motion for preliminary injunction held on 9/30/08 (filed 10/17/08)
• Ex Parte MOTION for Leave to File Excess Pages by Terri Lynn Land (filed 10/17/08)
• MOTION to Stay regarding Order on Motion for Preliminary Injunction (filed 10/17/08)
  • Index of Exhibits
  • Exhibit A: Affidavit of Christopher Thomas
  • Exhibit B: Instructions for Casting a Provisional Ballot
• NOTICE by Terri Lynn Land, Christopher M. Thomas Letter to Alissa Greer for Hon. Stephen J. Murphy III (filed 10/21/08)
• ANSWER to Amended Complaint (filed 10/22/08)
• NOTICE OF APPEAL by Terri Lynn Land regarding Order on Motion for Preliminary Injunction (filed 10/22/08)
• ORDER granting Motion for Leave to File Excess Pages (filed 10/22/08)
• RESPONSE to MOTION to Stay regarding Order on Motion for Preliminary Injunction (filed 10/23/08)
  • Index of Exhibits
  • Exhibit 1-Declaration of Bradley E. Heard
  • Exhibit 1a-Letter dated April 23, 2008 from Advancement Project to Mr. Ryan Anastor
  • Exhibit 2-Election News, Issue No. 63 dated October 15, 2008
  • Exhibit 3-Chapter 1-Voter Registration Module dated January 1, 2003
  • Exhibit 4-Michigan Department of State Voter Information Center Sheet
  • Exhibit 5-Michigan Department of State October 13, 2008 Federal Court Ruling
• NOTICE by Terri Lynn Land, Christopher M. Thomas regarding Order on Motion for Preliminary Injunction (filed 10/24/08)
• ORDER denying Motion to Stay (filed 10/24/08)
• ANSWER to Amended Complaint with Affirmative Defenses by Terri Lynn Land (filed 10/27/08)
• FEE Received in the amount of 455.00 for APPEAL FEE by Terri Lynn Land (filed 10/28/08)

Related Links

• Lawsuit Argues That Michigan Is Disenfranchising Student Voters, Chronicle of Higher Education, 9/19/08
• Advancement Project, ACLU Sue Secretary Of State Over Unlawful Voter Purging, ACLU Press Release, 9/18/08

Election Law @ Moritz | Professor Edward B. Foley, Director | electionlaw@osu.edu
Please note: Election Law @ Moritz is nonpartisan and does not endorse, support, or oppose any candidate, campaign, or party. Opinions expressed by individuals associated with Election Law @ Moritz, either on this web site or in connection with conferences or other activities undertaken by the program, represent solely the views of the individuals offering the opinions and not the program itself. Election Law @ Moritz institutionally does not represent any clients or participate in any litigation, but individuals affiliated with the program may from time to time in their own personal capacity engage in pro bono representation of clients other than partisan candidates or organizations.

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