2:12-cv PDB-PJK Doc # 22 Filed 10/02/12 Pg 1 of 3 Pg ID 1020 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

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1 2:12-cv PDB-PJK Doc # 22 Filed 10/02/12 Pg 1 of 3 Pg ID 1020 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL BRYANTON, GLENN REHAHN, CHERYL MERRILL, RICHARD L. ROBINSON, SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 517M, SEIU MICHIGAN STATE COUNCIL, LATIN AMERICANS FOR SOCIAL AND ECONOMIC DEVELOPMENT (LA SED), AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN, Case No. 2:12-cv Hon. Paul D. Borman v. Plaintiffs, RUTH JOHNSON, in her official capacity as Michigan Secretary of State, Defendant. / PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANT S EMERGENCY MOTION TO SUBSTITUTE THE DIRECTOR OF ELECTIONS FOR THE SECRETARY OF STATE OR FOR A PROTECTIVE ORDER Plaintiffs, by their attorneys Sachs Waldman, P.C., respond to Defendant Johnson s Motion to substitute Michigan Director of Elections for Secretary of State Ruth Johnson at the preliminary injunction hearing as follows: 1. Defendant Johnson states that the Director of Elections has the knowledge to speak about the ongoing training and implementation of the citizenship question during the upcoming election. However, Defendant Johnson is the chief election officer of the state and she is the person who is responsible for the decision to include the citizenship checkbox on both the application to vote and the application for absent voter ballot, and for the decision to continue its inclusion after the Governor s July 3, 2012, veto of Senate Bill 803 which would have amended the election law to mandate its inclusion. Only she can speak to these issues. 1

2 2:12-cv PDB-PJK Doc # 22 Filed 10/02/12 Pg 2 of 3 Pg ID Defendant s motion and brief emphasize that it is the Director of Elections who is vested with the Secretary s powers and duties regarding the supervision and administration of election laws and that he, therefore, can respond to all inquiries about the conduct of the election. She then makes the contrary assertion that because of her responsibilities during the busy election season she would be harmed were she to be absent from her post. 3. Defendant Johnson s exercise of her responsibilities as Keeper of the Great Seal and second in the line of succession to the Governor will not be impeded by her appearance at the preliminary injunction hearing. 4. Defendant Johnson does not confine herself to her Lansing office. Her website has posted Secretary of State press releases (attached hereto as Exhibit 1) about her September 13 weeklong trip to the middle east and her September 25 trip to the Wayne State University campus to participate in a voter registration rally. WHEREFORE, Plaintiffs respectfully request that the Defendant s motion be denied. Sachs Waldman, P.C. Judith A. Scott / s/ Mary Ellen Gurewitz Maryann Parker Mary Ellen Gurewitz (P25724) Attorneys for SEIU Local 517M and /s/ Andrew Nickelhoff SEIU Michigan State Council Andrew Nickelhoff (P37990) 1800 Massachusetts Avenue, NW Attorneys for Plaintiffs Washington, DC Farmer St. (202) Detroit, MI 48226/(313) maryann.parker@seiu.org megurewitz@sachswaldman.com Daniel S. Korobkin (P72842) Michael J. Steinberg (P43085) Kary L. Moss (P49759) American Civil Liberties Fund of Michigan 2966 Woodward Ave Detroit, MI 48201/(313) dkorobkin@aclumich.org Dated: October 2,

3 2:12-cv PDB-PJK Doc # 22 Filed 10/02/12 Pg 3 of 3 Pg ID 1022 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing document with the Clerk of the Court nd using the ECF system on this 2 day of October, 2012, which will send notice of this filing to all registered parties via electronic transmission. /s/ Andrew Nickelhoff Andrew Nickelhoff

4 2:12-cv PDB-PJK Doc # 22-1 Filed 10/02/12 Pg 1 of 1 Pg ID 1023 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MICHAEL BRYANTON, GLENN REHAHN, CHERYL MERRILL, RICHARD L. ROBINSON, SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 517M, SEIU MICHIGAN STATE COUNCIL, LATIN AMERICANS FOR SOCIAL AND ECONOMIC DEVELOPMENT (LA SED), AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN, Case No. 2:12-cv Hon. Paul D. Borman v. Plaintiffs, RUTH JOHNSON, in her official capacity as Michigan Secretary of State, Defendant. / INDEX OF EXHIBITS Exhibit Description 1 September 13, 2012 & September 25, 2012 Secretary of State press releases

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