CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 11/2/2023 1

A Citizenship Checkbox on Ballot Applications 

Bryanton v. Johnson 

(Paul D. Borman, E.D. Mich. 2:12-cv-14114) 

On September 17, 2012, a county clerk and three voters filed a federal complaint against a state’s secretary of state challenging her 

planned inclusion of a citizenship verification question on ballot 

applications in the upcoming general election. The district court 

heard a motion for a preliminary injunction on October 5. After a 

six-hour hearing, the court granted the injunction. The ballotapplication question violated equal protection because it was not 

applied uniformly and because evidence at the hearing showed that 

voters who failed to check the box would still be permitted to vote. 

Subject: Voting procedures. Topics: Citizenship; equal 

protection; case assignment. 

Ingham County’s clerk and three voters filed a federal complaint against 

Michigan’s secretary of state in the Eastern District of Michigan on September 17, 2012, challenging the secretary’s planned inclusion of a citizenshipverification question on voters’ ballot applications for the upcoming general 

election.1 Three days later, the plaintiffs filed a motion for a preliminary injunction.2

The court assigned the case to Judge Nancy G. Edmunds, who was immersed in a criminal trial against Detroit’s former mayor, so she disqualified 

herself from this time-sensitive case and the case was randomly reassigned to 

Judge Paul D. Borman.3

Judge Borman set a hearing for October 5 and ordered the attorneys to 

meet with each other in advance and prepare for the hearing as they would 

prepare for a bench trial.4 He wanted the parties to have an opportunity to 

come to an agreement.5

On the day before the hearing, Judge Borman denied an evidentiary motion in limine6

 and a motion by the secretary for a subordinate to appear in 

1. Complaint, Bryanton v. Johnson, No. 2:12-cv-14114 (E.D. Mich. Sept. 17, 2012), D.E. 

1; see Secretary of State Defends Citizenship Question on Ballots, Detroit News, Sept. 26, 2012, 

at A4. 

2. Preliminary-Injunction Motion, Bryanton, No. 2:12-cv-14114 (E.D. Mich. Sept. 20, 

2012), D.E. 4. 

3. Reassignment Order, id. (Sept. 20, 2012), D.E. 5; Interview with Hon. Nancy G. Edmunds, Oct. 24, 2012; see Robert Snell & Mike Wilkinson, Kilpatrick Faces Diverse Jury, Detroit News, Sept. 20, 2012, at A4. 

Tim Reagan interviewed Judge Edmunds for this report by telephone on October 24, 

2012, and Tim Reagan interviewed Judge Borman for this report by telephone on November 

9, 2012. 

4. Order, Bryanton, No. 2:12-cv-14114 (E.D. Mich. Sept. 27, 2012), D.E. 15. 

5. Interview with Hon. Paul D. Borman, Nov. 9, 2012. 

6. Order, Bryanton, No. 2:12-cv-14114 (E.D. Mich. Sept. 4, 2012), D.E. 32. 
A Citizenship Checkbox on Ballot Applications 

2 Federal Judicial Center 11/2/2023 

her place.7 Among the important reasons for the secretary’s presence was her 

settlement authority.8

 After the six-hour hearing, Judge Borman granted the 

plaintiffs a preliminary injunction.9 In an opinion issued five days later, he 

explained that the secretary’s ballot-application question violated equal protection because it was not applied uniformly, because it would create timeconsuming questioning and confusion at the polls, and because evidence at 

the hearing showed that voters who failed to check the box would still be 

permitted to vote.10

The action was dismissed by stipulation on May 29, 2013.11

7. Order, id. (Sept. 4, 2012), D.E. 31; see Transcript at 6–7, id. (Oct. 5, 2012, filed Oct. 24, 

2012), D.E. 42 (noting the secretary’s presence); see also Christina Hall, Checking the Check 

Boxes, Manistee News Advocate, Oct. 6, 2012, at 6A. 

8. Interview with Hon. Paul D. Borman, Nov. 9, 2012. 

9. Transcript, supra note 7, at 191–97; see Citizen Box Ordered Off Ballot Applications, 

Detroit News, Oct. 11, 2012, at A5; Citizenship Question Ordered Off Voter Form, Detroit 

News, Oct. 6, 2012, at A1. 

10. Bryanton v. Johnson, 902 F. Supp. 2d 983 (E.D. Mich. 2012). 

11. Order, Bryanton, No. 2:12-cv-14114 (E.D. Mich. May 29, 2013), D.E. 48.