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NELSON v. MILLER

No. 97-1155.

170 F.3d 641 (1999)

King NELSON; Karla Hudson; Charis Austin; Walter R. Saumier; Charlotte Czarnecki; Kyle Austin, Plaintiffs-Appellants, v. Candice S. MILLER, in her official capacity as Secretary of State for the State of Michigan, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 25, 1999.

Attorney(s) appearing for the Case

Diane C. Smith (argued and briefed), Amy E. Maes (argued and briefed), Michigan Protection & Advocacy Service, Lansing, Michigan, for Plaintiffs-Appellants.

Gary P. Gordon, Asst. Attorney Gen. (briefed), Office of the Attorney General Habeas Corpus Division, Denise C. Barton, Asst. Attorney Gen. (argued and briefed), Office of the Attorney General, Public Employment & Elections Division, Lansing, Michigan, for Defendant-Appellee.

Jessica Dunsay Silver (argued and briefed), Seth M. Galanter (briefed), U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Intervenor.

Samuel Bagenstos, Mark L. Gross, U.S. Department of Justice, Civil Rights Division, Appellate Section, Washington, D.C., for Amicus Curiae.

Before: KRUPANSKY, NELSON, and BATCHELDER, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

This class action was brought on behalf of all blind registered voters in the State of Michigan who cannot independently read or mark election ballots provided for them. The Plaintiffs claim that the Michigan Constitution provides all Michigan voters with a right to "secrecy of the ballot." Because the Secretary of State, according to Plaintiffs, is "the Chief Election Officer for the State of Michigan ha[ving] the ultimate...

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