Michigan State A. Philip Randolph Institute v. Johnson

833 F.3d 656, 2016 FED App. 0198P, 2016 U.S. App. LEXIS 15088, 2016 WL 4376429
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 17, 2016
Docket16-2071/2115
StatusPublished
Cited by29 cases

This text of 833 F.3d 656 (Michigan State A. Philip Randolph Institute v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michigan State A. Philip Randolph Institute v. Johnson, 833 F.3d 656, 2016 FED App. 0198P, 2016 U.S. App. LEXIS 15088, 2016 WL 4376429 (6th Cir. 2016).

Opinions

MOORE, J., delivered the opinion of the court in which GILMAN and STRANCH, JJ., joined. GILMAN, J. (pp. 669-71), delivered a separate concurring opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Ruth Johnson, Michigan’s Secretary of State (the “Secretary”), moves for a stay pending appeal of the district court’s July 22, 2016 and August 1, 2016 orders granting the plaintiffs’ motion for a preliminary injunction. The district court’s preliminary injunction prohibits the Secretary from enforcing Public Act 268 (“PA 268”), a law that eliminates straight-party voting in Michigan. The district court found that Michigan’s elimination of straight-party voting violated the Fourteenth Amendment of the U.S. Constitution because it placed a burden on voters — particularly African-American voters — and that this burden was not justified by Michigan’s stated interests in enacting the law. The district court also found that PA 268 violated Section 2 of the Voting Rights Act, 52 U.S.C. § 10301. For the reasons discussed below, we DENY the Secretary’s motion for a stay pending appeal.

[660]*660I. BACKGROUND

Michigan has offered “straight-party” (or “straight-ticket”) voting since 1891. See 1891 PA 190, § 14. Straight-party voting allows a voter to vote for all candidates of their desired political party by making a single mark designating the selection of that political party, rather than voting for each partisan candidate individually. See, e.g., R. 1-7 (2008 Macomb Cty. Ballot) (Page ID #206). Prior to 2015, Michigan attempted to abolish straight-party voting on two occasions: first in 1964, and again in 2001. R. 20-2 (State Fiscal Agency Bill Analysis at 2) (Page ID #579). On each occasion, the law was rejected by referendum. Id. Straight-party voting has thus been available to Michigan citizens for an uninterrupted period of 125 years.

In 2015, the Michigan legislature passed PA 268, which eliminated straight-party voting in Michigan. See 2015 PA 268. PA 268 also appropriates $5 million “to the department of state to purchase voting equipment to implement the elimination of straight party ticket voting.” Id. at § 795c(2). Because PA 268 includes an appropriation, it cannot be repealed by referendum. See Mich. United Conservation Clubs v. Sec’y of State, 464 Mich. 359, 630 N.W.2d 297, 298 (2001). PA 268 was signed into law by the governor in 2016 and became effective immediately; the law will thus remove straight-party voting from Michigan ballots beginning in the November 8, 2016 general election. See 2015 PA 268; R. 1-15 (Baxter Decl. at 4) (Page ID # 289).

Plaintiffs—the Michigan State A. Philip Randolph Institute, Common Cause, and several individual voters—filed a complaint against the Secretary in the U.S. District Court for the Eastern District of Michigan on May 24, 2016, alleging that PA 268 violated the Fourteenth Amendment of the U.S. Constitution, Section 2 of the Voting Rights Act of 1965, 52 U.S.C. § 10301, and the Americans with Disabilities Act, 42 U.S.C. § 12132. R. 1 (Compl. at 1) (Page ID #1); see also R. 9 (Am. Compl. at 5-6, 24-30) (Page ID # 394-95, 413-19).

Plaintiffs included with their complaint an expert report prepared by Kurt Metz-ger, a demographer and former Regional Information Specialist with the U.S. Census Bureau in Detroit, Michigan. R. 1-11 (Metzger Report at 2-4) (Page ID # 221-24). Metzger’s statistical analysis demonstrated “that African Americans are more likely to use the straight party voting option and that its elimination will disproportionately affect African American voters.” Id. at 12 (Page ID #231). The plaintiffs also attached declarations from several county election administrators that estimated that the elimination of straight-party voting would increase the time that it takes an individual to vote and thus cause a demonstrable increase in wait times for voting. See, e.g., R. 1-15 (Rozell Decl. at 3) (Page ID # 283); R. 1-15 (Baxter Decl. at 4) (Page ID # 289); R. 1-15 (Swope Decl. at 4) (Page ID # 297).

Plaintiffs moved for a preliminary injunction on May 27, 2016. R. 4 (Mot. for Prelim. Inj. at 1) (Page ID # 318). The Secretary filed a response in opposition, R. 20 (Def. Resp. in Op. at 1) (Page ID # 536), and the plaintiffs replied, R. 21 (PI. Reply to Def. Am. Resp. at 1) (Page ID # 532). The district court held a hearing on the motion on July 14, 2016. R. 26 (Prelim. Inj. H’rg Tr. at 1) (Page ID # 743).

On July 21, 2016, the district court issued an opinion and order granting the plaintiffs’ motion for a preliminary injunction. Michigan State A. Philip Randolph Institute v. Johnson, — F.Supp.3d -, ——, 2016 WL 3922355, at *1 (E.D. Mich. July 21, 2016). The district court first concluded that the plaintiffs were not likely to succeed on the merits of their ADA claim [661]*661because it did not appear that any of the plaintiffs had standing to bring such a claim. Id. at-, 2016 WL 3922355, at *5. The district court found that the plaintiffs were likely to succeed on their claims brought under the Equal Protection Clause and Section 2 of the Voting Rights Act, however. First, with regard to the Equal Protection Clause claim, the district court evaluated PA 268 under the Anderson/Burdick framework and determined that the state’s asserted interests did not outweigh the burden that PA 268 placed on voters. Id. at -, 2016 WL 3922355, at *7-9. Second, in analyzing the plaintiffs’ claim under Section 2 of the Voting Rights Act, the district court concluded that the plaintiffs had demonstrated that the elimination of straight-party voting would disproportionately impact African-American voters and, applying the factors articulated in Thornburg v. Gingles, 478 U.S. 30, 36-37, 106 S.Ct. 2752, 92 L.Ed.2d 25 (1986), the district court concluded that the disproportionate burden was, in part, “caused by or linked to ‘social and historical conditions’ that have or currently produce discrimination against” African-American voters. Mich. State A. Philip Randolph Inst., — F.Supp.3d at -, 2016 WL 3922355, at *10 (quoting Gingles, 478 U.S. at 47, 106 S.Ct. 2752). Because the district court found that the plaintiffs would suffer an irreparable injury — the restriction of their right to vote— if the law were to go into effect, and because “the burden on the state would be to merely reinstate the ballots used in the 2014 election cycle,” the district court concluded that the preliminary injunction factors favored the plaintiffs. Id. at-, 2016 WL 3922355, at *13-14. The district court subsequently issued two revised orders imposing the preliminary injunction. R. 25 (Prelim. Inj. at 1-37) (Page ID # 706-42); R. 30 (Prelim. Inj. at 1-3) (Page ID # 835-37).

The Secretary filed her first notice of appeal on July 25, 2016. R. 27 (Notice of Appeal) (Page ID #795). The Secretary also moved in the district court for a stay of the preliminary injunction pending appeal. R. 29 (Def. Mot. for Stay Pending Appeal) (Page ID # 797).

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833 F.3d 656, 2016 FED App. 0198P, 2016 U.S. App. LEXIS 15088, 2016 WL 4376429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michigan-state-a-philip-randolph-institute-v-johnson-ca6-2016.