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A Citizenship Checkbox on Ballot Applications

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
November 2, 2023

Bryanton v. Johnson (Paul D. Borman, E.D. Mich. 2:12-cv-14114)
On September 17, 2012, a county clerk and three voters filed a federal complaint against a state’s secretary of state challenging her planned inclusion of a citizenship verification question on ballot applications in the upcoming general election. The district court heard a motion for a preliminary injunction on October 5. After a six-hour hearing, the court granted the injunction. The ballot-application question violated equal protection because it was not applied uniformly and because evidence at the hearing showed that voters who failed to check the box would still be permitted to vote.
Subject: Voting procedures. Topics: Citizenship; equal protection; case assignment.

One of many Case Studies in Emergency Election Litigation.