ASSOCIATION OF COMMUNITY ORGANIZATIONS v. MILLER

No. 96-1229.

129 F.3d 833 (1997)

ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW; Kalamazoo Chapter of the Bertha Reynolds Society; Juan Cahue; Joe Ziolkowski; Catherine LaPalm; Robert S. Hackett; Cass Corridor Neighborhood Dev. Corp.; Westside Mothers; United States of America, Plaintiffs-Appellees, Project Vote, Intervenor-Appellee, v. Candice MILLER, acting in her official capacity as Michigan Secretary of State; John Engler, acting in his official capacity as Michigan Governor; Christopher Thomas, Director of the MI Bureau of Elections, acting in his official capacity; Gerald H. Miller, in his official capacity as Director of the MI Department of Social Serv.; Vernice Davis Anthony, in her official capacity as Director of the MI Dept. of Public Health; Peter Griswold, in his official capacity as Director of MI Rehabilitation Services; James Haveman, Jr., in his official capacity as Director of the MI Dept. Of Mental Health; State of Michigan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 3, 1997.


Attorney(s) appearing for the Case

Steven B. Flancher (argued and briefed), Gary P. Gordon (briefed), Office of the Attorney General of Michigan, Lansing, Michigan, for Appellants.

Seth M. Galanter (argued and briefed), U.S. Department of Justice, Civil Rights Division, Washington, DC, Paul J. Denenfeld (argued and briefed), Detroit, Michigan, for Appellees.

Spencer C. Livingston (briefed), New Orleans, Louisiana, for Intervenor-Appellee.

David A. Price, Daniel J. Popeo (briefed), Washington Legal Foundation, Washington, DC, for Amicus Curiae.

Before: MARTIN, Chief Judge; NORRIS and MOORE, Circuit Judges.


MARTIN, C. J., delivered the opinion of the court, in which MOORE, J., joined. NORRIS, J. (p. 838), concurred in the result.

OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

Claiming that the National Voter Registration Act of 1993 violates the United States Constitution, the State of Michigan and various Michigan officials appeal the judgment of the district court ordering Michigan to comply with the dictates of the Act.

The district court upheld...

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