ACLU, MSA sue state over voting law

By Jeannie Baumann

Daily Staff Reporter

LANSING - The Michigan Student Assembly, along with five other student governments from universities across the state and the Michigan chapter of the American Civil Liberties Union, filed a lawsuit yesterday contesting the constitutionality of Public Act 118.

The act, which passed through the state Legislature in the form of Senate Bill 306 last summer, requires Michigan citizens to maintain the same voter registration address as the address on their drivers licenses.

The lawsuit was filed against Michigan Secretary of State Candice Miller challenging the law, which Gov. John Engler signed last summer.

"This law is an unconstitutional violation of the right to vote," ACLU Michigan Executive Director Kary Moss said.

The legislation particularly affects college students, many of whom keep their driver's license address at their parents' residence but register to vote on campus.

"This means that they will have to return to their family home on election dates or vote by absentee ballot, which is a much more cumbersome process," Moss said.

But Sen. Mike Rogers (R-Brighton), who introduced the bill last February, said in a written statement that the act does not infringe on students' rights to vote.

"If a student can cut class and wait in line overnight to buy tickets to see the 'Back Street Boys,' they can certainly go to the Secretary of State's office and change their voter registration," Rogers said.

Along with three other students, MSA Vice President Andy Coulouris is an individual plaintiff on the suit.

Coulouris, who has worked on campus voter registration drives since his first year at the University, said he thinks the act has deterred students from registering.

"In 1997 and 1998, we registered about 5,000 voters on campus," he said.

"This year, because of all the rumors and fears, it is very, very difficult to get students registered. We've registered about 1,500 students. I can't tell you how difficult it is to get students registered," Coulouris said.

Mary Gurewitz, attorney for the plaintiffs, said the law is inconsistent with the National Voter Registration Act. One clause states that changing a driver's license address suffices for a change in voter registration "unless the registrant states on the form that the change of address is not for voter registration purposes."

The act also conflicts with the Equal Protection Clause, she said, because it impedes a student's ability to vote.

Gurewitz said she believes the legislation was a political move by Rogers to secure more votes in the fall when he runs for Congress in the 8th District, which includes Michigan State University.

"He's obviously decided he's not going to get the support from the students at East Lansing," Gurewitz said.

Justin Winslow, director of legal affairs for the Associated Students of Michigan State University, said students currently compose 60 percent of the population in East Lansing.

"They said this bill will create a more accurate population in Lansing. How is it accurate if 60 percent of the population goes unheard?" he said.

But Rogers spokeswoman Sylvia Warner denied that the bill was politically motivated.

"This bill was introduced long before he was thinking of running for a congressional seat," Warner said. "It's typical for someone to be looking so hard to find a political lever. It's unfortunate that the ACLU has decided to use this piece of innocuous legislation."

State Rep. Liz Brater (D-Ann Arbor) said she supports the lawsuit.

"I oppose this legislation vehemently," Brater said. "We should be doing everything we can to be encouraging students to participate in the democratic process, not making it more difficult."

Gurewitz said since the secretary of state has jurisdiction only over Michigan residents, out-of-state students will not be affected by the law, which is set to take effect April 1.

"The students who are here an maintain an address in New York will be able to vote in Ann Arbor," she said.

In addition to MSA, student governments at Central Michigan, Ferris State, Grand Valley State, Western Michigan, Michigan State and Michigan Technological universities are also plaintiffs in the lawsuit.

going to get the support from the students at East Lansing," Gurewitz said.

Justin Winslow, director of legal affairs for the Associated Students of Michigan State University, said students currently compose 60 percent of the population in East Lansing.

"They said this bill will create a more accurate population in Lansing. How is it accurate if 60 percent of the population goes unheard?" he said.

But Rogers spokeswoman Sylvia Warner denied that the bill was politically motivated.

"This bill was introduced long before he was thinking of running for a congressional seat," Warner said. "It's typical for someone to be looking so hard to find a political lever. It's unfortunate that the ACLU has decided to use this piece of innocuous legislation."

State Rep. Liz Brater (D-Ann Arbor) said she supports the lawsuit.

"I oppose this legislation vehemently," Brater said. "We should be doing everything we can to be encouraging students to participate in the democratic process, not making it more difficult."

Gurewitz said since the Secretary of State has jurisdiction only over Michigan residents, out-of-state students will not be affected by the law, which is set to take effect April 1.

"The students who are here and maintain an address in New York will be able to vote in Ann Arbor," she said.

In addition to MSA, student governments at Central Michigan, Ferris State, Grand Valley State, Western Michigan, Michigan State and Michigan Technological universities are also plaintiffs in the lawsuit.