Case: Promote the Vote v. Johnson

2:18-cv-12692 | U.S. District Court for the Eastern District of Michigan

Filed Date: Aug. 28, 2018

Closed Date: Nov. 27, 2018

Clearinghouse coding complete

Case Summary

This case is about a rejection of a petition to amend the Michigan State Constitution.  In 2018, Promote the Vote, a Michigan voting rights organization, collected petition signatures to submit a Michigan Constitutional amendment to the ballot. The proposed constitutional amendment included measures to: guarantee the secrecy of the ballot, secure the integrity and reliability of election results through an audit, ensure timely distribution of ballots to military and overseas voters, give citize…

This case is about a rejection of a petition to amend the Michigan State Constitution. 

In 2018, Promote the Vote, a Michigan voting rights organization, collected petition signatures to submit a Michigan Constitutional amendment to the ballot. The proposed constitutional amendment included measures to: guarantee the secrecy of the ballot, secure the integrity and reliability of election results through an audit, ensure timely distribution of ballots to military and overseas voters, give citizens more freedom to register to vote, and provide registered citizens with access to an absentee ballot without having to give a reason.

Michigan State Election Officials (the “Defendants”), rejected the petition signatures that were deemed different than the state’s record of digitized signatures. The Defendants did not give notice or opportunity to rectify the situation.

On August 18, 2018, Promote the Vote and several Michigan voters filed suit against the defendants in the Eastern District of Michigan. Plaintiffs alleged the defendants' actions violated the Equal Protection Clause, Procedural Due Process, and the Constitutional right to vote. Plaintiffs sought declaratory and injunctive relief that Defendants accept the petition signer affidavits and certify that the proposal had sufficient voter support for placement on the Michigan statewide ballot; and/or immediately cease and desist from rejecting petition signatures using their standardless and subjective signature comparison practice; and take such other or further action as necessary to certify the proposal for placement Michigan statewide ballot.

On August 30, 2018, Plaintiffs filed a motion for a temporary restraining order. 

On November 27, 2018, Plaintiffs voluntarily dismissed their suit. 

This case is now closed. 

Summary Authors

(4/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7763993/parties/promote-the-vote-v-johnson/


Judge(s)

Berg, Terrence George (Michigan)

Attorney for Plaintiff

Dolente, Sharon (Michigan)

Gurewitz, Mary Ellen (Michigan)

Korobkin, Daniel S. (Michigan)

Attorney for Defendant

Barton, Denise C. (Michigan)

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Documents in the Clearinghouse

Document
1

2:18-cv-12692

Complaint for Declaratory and Injunctive Relief

Aug. 28, 2018

Aug. 28, 2018

Complaint
6

2:18-cv-12692

Plaintiffs' Motion for TRO and/or Preliminary Injunction

Aug. 30, 2018

Aug. 30, 2018

Pleading / Motion / Brief
8

2:18-cv-12692

Order Setting Briefing Schedule

Aug. 30, 2018

Aug. 30, 2018

Order/Opinion
13

2:18-cv-12692

Defendants' Brief in Opposition to Plaintiffs' Motion for TRO and/or Preliminary Injunction

Aug. 31, 2018

Aug. 31, 2018

Pleading / Motion / Brief
18

2:18-cv-12692

Notice of Voluntary Dismissal

Nov. 27, 2018

Nov. 27, 2018

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7763993/promote-the-vote-v-johnson/

Last updated Dec. 17, 2025, 5:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-6881372 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Bureau of Elections Petition Guidelines, # 3 Exhibit B - PTV Petition, # 4 Exhibit C - 8/8/18 Bureau of Elections Notice, # 5 Exhibit D - 8/14/18 Bureau of Elections Notice, # 6 Exhibit E - 8/15/18 Email from Melissa Malerman, # 7 Exhibit F - Petition Signers Affidavits, # 8 Exhibit G - 8/21/18 Email and Letter to Sally Williams, # 9 Exhibit H - 8/22/18 Email and Letter to Sally Williams, # 10 Exhibit I - Sharon Dolente Affidavit) (Nickelhoff, Andrew) (Entered: 08/28/2018)

1 Index of Exhibits

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2 Exhibit A - Bureau of Elections Petition Guidelines

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3 Exhibit B - PTV Petition

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4 Exhibit C - 8/8/18 Bureau of Elections Notice

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5 Exhibit D - 8/14/18 Bureau of Elections Notice

View on PACER

6 Exhibit E - 8/15/18 Email from Melissa Malerman

View on PACER

7 Exhibit F - Petition Signers Affidavits

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8 Exhibit G - 8/21/18 Email and Letter to Sally Williams

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9 Exhibit H - 8/22/18 Email and Letter to Sally Williams

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10 Exhibit I - Sharon Dolente Affidavit

View on PACER

Aug. 28, 2018

Aug. 28, 2018

Clearinghouse
2

SUMMONS Issued for * All Defendants * (LGra) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

3

NOTICE of Appearance by Daniel S. Korobkin on behalf of Kellie Konsor, Lauren Legner, James Murray. (Korobkin, Daniel) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

4

NOTICE of Appearance by Michael J. Steinberg on behalf of Kellie Konsor, Lauren Legner, James Murray. (Steinberg, Michael) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

5

NOTICE of Appearance by Sharon Dolente on behalf of Kellie Konsor, Lauren Legner, James Murray. (Dolente, Sharon) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra)

Aug. 29, 2018

Aug. 29, 2018

6

MOTION for Temporary Restraining Order And/Or Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transcript of Bd of Canvassers 8/24/18 Mtg, # 3 Exhibit 2 - Declaration of Linton A. Mohammed, # 4 Exhibit 3 - Transcript of Bd of Canvasser 4/26/18 Mtg, # 5 Exhibit 4 - Supplemental Declaration of Sharon Dolente) (Nickelhoff, Andrew) (Entered: 08/30/2018)

1 Index of Exhibits

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2 Exhibit 1 - Transcript of Bd of Canvassers 8/24/18 Mtg

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3 Exhibit 2 - Declaration of Linton A. Mohammed

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4 Exhibit 3 - Transcript of Bd of Canvasser 4/26/18 Mtg

View on PACER

5 Exhibit 4 - Supplemental Declaration of Sharon Dolente

View on PACER

Aug. 30, 2018

Aug. 30, 2018

Clearinghouse
7

CERTIFICATE of Service/Summons Returned Executed. All Defendants. (Korobkin, Daniel) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

8

ORDER Setting Hearing on Motion re 6 MOTION for Temporary Restraining Order And/Or Preliminary Injunction: Response due by 9/3/2018, Reply due by 9/5/2018 by 12:00 PM, Motion Hearing set for 9/6/2018 at 10:00 AM before District Judge Terrence G. Berg - Signed by District Judge Terrence G. Berg. (CCie) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

Clearinghouse
9

ATTORNEY APPEARANCE: Denise C. Barton appearing on behalf of Jeannette Bradshaw, Ruth Johnson, Julie Matuzak, Colleen Pero, Norman D Shinkle, Sally Williams (Barton, Denise) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

10

ATTORNEY APPEARANCE: Heather S. Meingast appearing on behalf of Jeannette Bradshaw, Ruth Johnson, Julie Matuzak, Colleen Pero, Norman D Shinkle, Sally Williams (Meingast, Heather) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

11

NOTICE of Appearance by Mary Ellen Gurewitz on behalf of All Plaintiffs. (Gurewitz, Mary Ellen) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

12

CERTIFICATE OF SERVICE re 6 MOTION for Temporary Restraining Order And/Or Preliminary Injunction, 8 Order Setting Hearing on Motion, by All Plaintiffs (Korobkin, Daniel) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

13

RESPONSE to 6 MOTION for Temporary Restraining Order And/Or Preliminary Injunction filed by Jeannette Bradshaw, Ruth Johnson, Julie Matuzak, Colleen Pero, Norman D Shinkle, Sally Williams. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit 1. Staff Report, # 3 Exhibit 2. September 6, 2018 Board Meeting Notice, # 4 Exhibit 3. September 7, 2018 Board Meeting Notice) (Meingast, Heather) (Entered: 08/31/2018)

1 Index of Exhibits Exhibit List

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2 Exhibit 1. Staff Report

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3 Exhibit 2. September 6, 2018 Board Meeting Notice

View on PACER

4 Exhibit 3. September 7, 2018 Board Meeting Notice

View on PACER

Aug. 31, 2018

Aug. 31, 2018

Clearinghouse
14

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 9/5/2018 03:00 PM before District Judge Terrence G. Berg (AChu) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

RECAP

TEXT-ONLY NOTICE: Motion Hearing on 9/6/2018 is Cancelled (AChu)

Sept. 4, 2018

Sept. 4, 2018

Minute Entry for proceedings before District Judge Terrence G. Berg: Telephonic Status Conference held on 9/5/2018 (Court Reporter: None Present, Not on the Record) (AChu)

Sept. 5, 2018

Sept. 5, 2018

15

Withdraw Motion

Sept. 18, 2018

Sept. 18, 2018

16

Extend Time to - Free

Sept. 20, 2018

Sept. 20, 2018

17

Appear*

Nov. 20, 2018

Nov. 20, 2018

18

Voluntary Dismissal

Nov. 27, 2018

Nov. 27, 2018

RECAP

Case Details

State / Territory:

Michigan

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 28, 2018

Closing Date: Nov. 27, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Promote the Vote

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Michigan State Election Officials, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Voting Rights Act, unspecified, 52 U.S.C. § 10301 et seq (previously 42 U.S.C § 1973 et seq.)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Other Dockets:

Eastern District of Michigan 2:18-cv-12692

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

Voting:

Voting: General & Misc.