SGA voting act lawsuit to proceed in state court
A lawsuit against the state of Michigan that aims to nullify a new voter law may now be heard in a state court rather than a federal court.
A preliminary injunction hearing was held at the Federal District Court of the Eastern District of Michigan, in Detroit April 11.
Seven universities, including CMU, serve as plaintiffs in the suit and are attempting to have Public Act 118 ruled as unconstitutional. The law, which prevents Michigan residents from voting at an address different from the one on their driver's licenses, took effect April 1.
"We wanted an injunction, but didn't receive one," said SGA Sen. Melissa Gill, Sterling Heights sophomore and a plaintiff in the case.
An injunction would have put a hold on the voting law until the court case was settled.
The lawsuit was filed Feb. 24 in a Detroit federal court by the Michigan Chapter of the American Civil Liberties Union on behalf of the universities. CMU's SGA had voted to count Central in the lawsuit on Feb. 14.
The defendant in the suit is the Department of State, headed by Secretary of State Candice Miller, and is represented by the Department of Attorney General.
Mary Ellen Gurewitz, a Detroit lawyer representing the plaintiffs, said the federal judge decided that federal law does not preempt state law regarding Public Act 118.
The judge "decided that it was not inconsistent to require different addresses on driver's licenses and addresses. She said it is not very burdensome to the students to have to change addresses," Gurewitz said.
"We had hoped she would have recognized that this law could deter students from voting. But she said the state would soon be undertaking a publicity campaign to make it easier to register student voters."
Gurewitz said the judge wished the SGA would join in the state's efforts for student voters.
The dispute over Public Act 118 should still reach a trial in a state court unless a resolution is worked out with the defendant, Gurewitz said. She said no court dates are scheduled at this time.
The case will take place in a state court because the plaintiffs are now focusing on how Public Act 118 may breech the Michigan Constitution, rather than the U.S. Constitution, Gurewitz said.
The other schools in the lawsuit include Ferris State University, Grand Valley State University, Michigan State University, Michigan Technological University, University of Michigan-Ann Arbor and Western Michigan University.
