On July 21, U.S. District Court Judge Gershwin A. Drain, an Obama appointee, issued an injunction ordering Michigan to restore the straight-ticket device that the legislature repealed earlier this year. Michigan State A. Philip Randolph Institute v Johnson, e.d., 16-cv-11844.
The order says that eliminating the straight-ticket device harms African American voters disproportionately. The order depends on research that shows African American voters uses the straight-ticket device more than other voters. The decision also says that because Michigan still has party logos on the ballot, there is fear that many voters will assume if they circle the party logo, that has the same effect as using the non-existent straight-ticket device.
The order says restoring the device will not harm any voter or candidate. Unfortunately, this is not true. Research has shown that the presence of straight-ticket devices injures independent candidates, who never have their own straight-ticket device. But the state of Michigan, which was charged with defending the repeal of the device, did not introduce any evidence about that. It is likely that the state will appeal. Thanks to Rick Hasen for the news.
What law does NOT have disparate effects ???
i.e. one more step on the long road to Civil W-A-R II or what ???
TYRANT Communist Donkeys vs. TYRANT Fascist Elephants or what ???
—
P.R. and nonpartisan App.V.
A lot of people use them. They can cast a fast straight ticket vote, then head for home.
And there is MCL 168.786, which gives poll workers the authority to kick people out of the voting booth after two minutes:
http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-168-786
I know this is Democrats trying to fight off a Republican measure, each for partisan reasons — but do you suppose there’s room for a principled alternative-party amicus brief here, Richard?
I feel like there is logic in having the button there. It’s just adding choice.
Richard, do you have links handy to some of the research you mention?
In 2010, when Wisconsin still had the device, the Green Party had a very strong nominee for Assembly in Madison, Ben Manski. He won the election among the voters who did not use the device, but he lost when the straight-ticket voters are included. He got 31.1%, ahead of the Republican, in the 77th district. He and his campaign did the research.
Bill Schuette (Michigan AG) needs to stand up here and tell this “judge” where he can stick his injunction. With a name like Gershwin A. Drain, slogans should be easy to come by.
Thank you, Richard. Someone here should know how to contact Ben.
This ruling is racist. The judge is literally claiming African American are too dumb to actually pick the candidates. Of course the straight-ticket device hurts some candidates. People go in, press the button and walk out. I’ve been an election official going on 12 years now. Voter almost brag about it.
Any appeal will have to be done very shortly after the Mich Aug Primary in order for USA military forces fighting the barbarians in Asia to get their Nov ballots on time.
—
P.R. and nonpartisan App.V. — in which there would NOT be any straight party box (since 2 or more persons of the same party for the same legislative office might be on the ballots).
This is one time we actually have the ability to win because the Republican Party wants this in Michigan and control the AG office, along with the rest of state government. It seems like they would accept help on this front.