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NELSON v. MILLER

No. 5:96-CV-159.

950 F.Supp. 201 (1996)

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

United States District Court, W.D. Michigan, Southern Division.

December 20, 1996.

Attorney(s) appearing for the Case

Amy Maes, Michigan Protection & Advocacy Service, Inc., Lansing, MI, for plaintiffs.

Denise Carole Barton, Asst. Atty. General, Frank J. Kelley, Attorney General, Public Employment & Elections Division, Lansing, MI, for defendant.

OPINION

ROBERT HOLMES BELL, District Judge.

Before the Court is Defendant's motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The Plaintiffs are registered voters in the State of Michigan who are blind and cannot independently read or mark the election ballots provided for them. The Defendant is the Secretary of State for the State of Michigan. The Plaintiffs claim that the Defendant's failure to provide secret ballots to blind voters violates the Americans...

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