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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN

American Federation of State, 

County and Municipal Employees, 

Council 25, as an organization, and 

representative of its members, Case# 

Catherine Phillips, and Hon. Judge

Charles Williams 

Plaintiffs, 

 

V 

 

Terri Lynn Land, 

Michigan Secretary of State, 

and Christopher M. Thomas, Director of 

Bureau of Elections, in their official capacities, 

Defendants.

______________________________________________________________________/ 

HERBERT A. SANDERS (P43031) Aina N. Watkins (P69196) 

THE SANDERS LAW FIRM, P.C. Staff Attorney 

Attorney for Plaintiffs Michigan AFSCME Council 25 

635 Beaubien Attorney for Plaintiff AFSCME 

Detroit, MI 48226 only 

Phone (313) 962-0099 600 W. Lafayette, Ste. 500 

Fax (313) 962-0044 Detroit, MI 48226 

 Phone (313) 964-1711 ext. 237 

Fax (313) 964-0230 

_____________________________________________________________________/ 

PLAINTIFFS’ COMPLAINT 

FOR DECLARATORY JUDGMENT 

AND INJUNCTIVE RELIEF 

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NOW COME the Plaintiffs, by and through their attorneys, and for their complaint 

state as follows:

1. This action arises under Voting Right Acts 42 U.S.C. § 1971, as amended, and 

42 USCS § 1973 as amended, the First, Fifth, Fourteenth and Fifteenth 

Amendments to the Constitution of the United States. 

2. It seeks a declaratory judgment that the Defendants’ interpretation and 

application of its interpretation of MCL 168.744 is in violation of MCL 168.744, 42 

U.S.C. § 1971, as amended, 42 U.S.C. § 1973 as amended, the First, Fifth, 

Fourteenth and Fifteenth Amendments; and preliminary and permanent 

injunctions against the application and enforcement of Defendants’ interpretation 

of the Act. 

3. Jurisdiction is conferred on this Court by Title 28 USCS §§ 1343(3) and (4), 2201 

and 2202, and by U.S.C. §§ 1971 (d) and 1973 (j)(f); and Title 42 USCS 1983. 

4. Private litigants may enforce their rights under 42 U.S.C. § 1971 and 42 USCS § 

1973 by bringing a suit under 42 U.S.C. § 1983. 

5. 42 U.S.C. § 1983 authorizes suits for the deprivation of a right secured by the 

Constitution or the laws of United States caused by a person acting under the 

color of state law. 

6. Plaintiff AFSCME Council 25 is a labor union located within the State of 

Michigan, with over 90,000 members throughout the State of Michigan. 

7. Plaintiff AFSCME Council 25 brings this cause of action as an organization, and 

representative of its members. 

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8. The majority of Plaintiff’s members are qualified electors throughout the State of 

Michigan. 

9. Many of Plaintiff’s members are ethnic minorities, including, but not limited to 

African American, and Hispanic. 

10. Plaintiff, AFSCME Council 25 members have obtained buttons and shirts 

evidencing issues of concern, support for various issues and admiration for 

various candidates, some of which will appear on the November 4, 2008 ballot. 

11. It is the intent of the members of Plaintiff, AFSCME Council 25 to wear the 

buttons and shirts, at the voting polls, while in line waiting to vote, and while 

voting. 

12. Plaintiff Catherine Phillips is an African American, resident of Wayne County 

Michigan, registered voter, and member of AFSCME Council 25. 

13. Plaintiff Charles Williams is an African American, resident of Wayne County 

Michigan, registered voter, and member of AFSCME Council 25. 

14. Both Plaintiffs Phillips and Williams intend to wear buttons and shirts that will 

evidence their support of particular issues and/or candidates, at the voting polls, 

while in line waiting to vote, and while voting on November 4, 2008. 

15. The wearing of buttons and shirts by the Plaintiffs is constitutionally protected 

speech, involving matters of public concern. 

16. Defendant Terri Lynn Land (Land) is the duly elected Michigan Secretary of 

State. 

17. Defendant Land is sued in her official capacity as Secretary of State of the State 

of Michigan. 

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18. Defendant Land’s official residence is the Treasury Building, 1st Floor, 430 West 

Allegan, Lansing, MI 48918. 

19. In her capacity as Secretary of State, Defendant Land is the chief election officer 

of the state and has supervisory control over local election officials. 

20. In accordance with MCL 168.31, the Michigan Secretary of State is charged with 

election duties inclusive of but not limited to: 

(a) Issue instructions and promulgate rules for the conduct of 

elections and registrations in accordance with the laws of this 

state. 

(b) Advise and direct local election officials as to the proper 

methods of conducting elections. 

(c) Publish and furnish for the use in each election precinct 

before each state primary and election a manual of instructions 

that includes specific instructions on assisting voters in casting 

their ballots, directions on the location of voting stations in 

polling places, procedures and forms for processing 

challenges, and procedures on prohibiting campaigning in the 

polling places. 

(d) Publish indexed pamphlet copies of the registration, 

primary, and election laws and furnish to the various county, 

city, township, and village clerks a sufficient number of copies 

for their own use and to enable them to include 1 copy with the 

election supplies furnished each precinct board of election 

inspectors under their respective jurisdictions. 

(e) Prescribe and require uniform forms, notices, and supplies 

the secretary of state considers advisable for use in the 

conduct of elections and registrations. 

(f) Establish a curriculum for comprehensive training and 

accreditation of all county, city, township, village, and school 

elections officials. 

(g) Establish and require attendance by all new appointed or 

elected election officials at an initial course of instruction within 

6 months before the date of the election. 

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(h) Establish a comprehensive training curriculum for all 

precinct inspectors. 

21. Defendant Christopher M. Thomas (Thomas) is the Director of the Bureau of 

Elections. 

22. Defendant Thomas is sued in his official capacity as Director of Elections for the 

State of Michigan. 

23. Defendant Thomas’ official residence is the Treasury Building, 1st Floor, 430 

West Allegan, Lansing, MI 48918. 

24. Defendant Thomas is vested with the powers of the Secretary of State with 

respect to elections and is responsible for the supervision and administration of 

the election laws, under the supervision of the Secretary of State. 

25. The Bureau of Elections is a subdivision of the Michigan Secretary of State 

office.

26. Specifically, concerning the Bureau of Elections, MCL 168.32 states in part: 

There is hereby continued in the office of the secretary of state 

the bureau of elections created by Act No. 65 of the Public Acts 

of 1951, under the supervision of a director of elections, to be 

appointed by the secretary of state under civil service 

regulations. The director of elections shall be vested with the 

powers and shall perform the duties of the secretary of state 

under his supervision, with respect to the supervision and 

administration of the election laws. 

27. The claims set forth in this Complaint are brought against both Land and Thomas 

(collectively referred to as Defendants) in their official capacities. 

28. MCL 168.744, delineates the following prohibited acts concerning any election 

within the State of Michigan: 

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(1) An election inspector or any other person in the polling room 

or in a compartment connected to the polling room or within 

100 feet from any entrance to the building in which the polling 

place is located shall not persuade or endeavor to persuade a 

person to vote for or against any particular candidate or party 

ticket, or for or against any ballot question that is being voted 

on at the election. A person shall not place or distribute 

stickers, other than stickers provided by the election officials 

pursuant to law, in the polling room or in a compartment 

connected to the polling room or within 100 feet from any 

entrance to the building in which the polling place is located. 

(2) A person shall not solicit donations, gifts, contributions, 

purchase of tickets, or similar demands, or request or obtain 

signatures on petitions in the polling room or in a compartment 

connected to the polling room or within 100 feet from any 

entrance to the building in which the polling place is located. 

(3) On election day, a person shall not post, display, or 

distribute in a polling place, in any hallway used by voters to 

enter or exit a polling place, or within 100 feet of an entrance to 

a building in which a polling place is located any material that 

directly or indirectly makes reference to an election, a 

candidate, or a ballot question. This subsection does not apply 

to official material that is required by law to be posted, 

displayed, or distributed in a polling place on election day. 

(4) A person who violates this section is guilty of a 

misdemeanor. 

29. Within the Michigan Department of State, Bureau of Elections, Election Inspector 

Training Coordinator Accreditation Workshop Manual, the Defendants give the 

following directions to Election Inspectors: 

Election Inspectors have the right to ask voters entering the 

polls to remove campaign buttons or cover up clothing bearing 

a campaign slogan or a candidate’s name. 

*** 

If a person persists in violating any of the above restrictions, 

contact the clerk or, if necessary, local law enforcement 

authorities. See Exhibit 1. 

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30. Based upon information and belief, Defendants have misinterpreted the 

prohibited acts as delineated in MCL 168.744 to prohibit the wearing of 

“campaign buttons, or clothing bearing a campaign slogan or a candidate’s 

name”.

31. In that the Defendants give Election Inspectors the arbitrary “right to ask voters 

[at their discretion] to remove campaign buttons or cover up clothing bearing a 

campaign slogan or candidate’s name”, the possibility exist that such authority 

will be used in a arbitrary, discriminatory and/or inconsistent manner, resulting in 

an abridgement and/or denial of Plaintiffs AFSCME Council 25 members, 

Phillips, Williams, and others similarly situated of the right to vote. 

32. The directive given by the Defendants to Election Inspectors violates the 

constitutional, civil and voting rights of Plaintiffs AFSCME Council 25, Phillips, 

Williams, and others similarly situated in that it intimidates, threatens or coerces 

persons for urging a person to vote, and intimidates, threatens or coerces 

persons for exercising powers and/or duties under the Voting Right Acts as 

amended, and the First, Fifth, Fourteenth, and Fifteenth Amendments to the 

Constitution. 

33. The directive given by the Defendants to Election Inspectors violates the 

constitutional, civil and voting rights of Plaintiffs AFSCME Council 25, Phillips, 

Williams, and others similarly situated in that it gives Election Inspectors the 

“right to [arbitrarily] ask voters entering the polls to remove campaign buttons or 

cover up clothing bearing a campaign slogan or a candidate’s name;” and thus 

denies the Plaintiffs of the equal protection of the law. 

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34. The directive given by the Defendants to Election Inspectors violates the 

constitutional, civil and voting rights of Plaintiffs AFSCME Council 25, Phillips, 

Williams, and others similarly situated in that it directs Election Inspectors to 

request law enforcement assistance to enforce the deprivation of the 

constitutional, civil, and voting rights of the Plaintiffs. 

35. Based upon information and belief, the directive given to Election Inspectors by 

the Defendants is as a result of the Defendants’ misinterpretation and/or 

misapplication of MCL 168.744.

36. Under these facts, there is an actual controversy between the parties, and a 

multiplicity of litigation will be avoided if all of these issues are determined by this 

court at one time. 

37. This court has jurisdiction to adjudicate the matters at issue and enter its 

judgment declaring the rights of all parties to this action. 

38. It is necessary for this court to adjudicate and declare the rights of the parties to 

this action to guide Plaintiffs’ future conduct and preserve their legal rights. 

Count I 

Violation of MCL 168.744

39. Plaintiffs hereby incorporate by reference paragraphs 1 through 38. 

40. MCL 168.744 prohibits the following acts during an election within the State of 

Michigan: 

(1) An election inspector or any other person in the polling room 

or in a compartment connected to the polling room or within 

100 feet from any entrance to the building in which the polling 

place is located shall not persuade or endeavor to persuade a 

person to vote for or against any particular candidate or party 

ticket, or for or against any ballot question that is being voted 

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on at the election. A person shall not place or distribute 

stickers, other than stickers provided by the election officials 

pursuant to law, in the polling room or in a compartment 

connected to the polling room or within 100 feet from any 

entrance to the building in which the polling place is located. 

(2) A person shall not solicit donations, gifts, contributions, 

purchase of tickets, or similar demands, or request or obtain 

signatures on petitions in the polling room or in a compartment 

connected to the polling room or within 100 feet from any 

entrance to the building in which the polling place is located. 

(3) On election day, a person shall not post, display, or 

distribute in a polling place, in any hallway used by voters to 

enter or exit a polling place, or within 100 feet of an entrance to 

a building in which a polling place is located any material that 

directly or indirectly makes reference to an election, a 

candidate, or a ballot question. This subsection does not apply 

to official material that is required by law to be posted, 

displayed, or distributed in a polling place on election day. 

(4) A person who violates this section is guilty of a 

misdemeanor. 

41. Based upon information and belief, Defendants have misinterpreted the 

prohibited acts as delineated in MCL 168.744 to prohibit the wearing of 

“campaign buttons, or clothing bearing a campaign slogan or a candidate’s 

name”.

42. Within the Michigan Department of State, Bureau of Elections, Election Inspector 

Training Coordinator Accreditation Workshop Manual, the Defendants give the 

following directions to Election Inspectors: 

Election Inspectors have the right to ask voters entering the 

polls to remove campaign buttons or cover up clothing bearing 

a campaign slogan or a candidate’s name. 

*** 

If a person persists in violating any of the above restrictions, 

contact the clerk or, if necessary, local law enforcement 

authorities. See Exhibit 1. 

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43. The directions given to the Election Inspectors is in violation of MCL 168.744 and 

breaches a duty owed to Plaintiffs to only prohibit the persuading or endeavoring 

to persuade a person to vote for or against a particular candidate or party ticket, 

or for or against a ballot question. 

44. MCL 168.744 does not prohibit the mere wearing of campaign buttons or clothing 

bearing a campaign slogan or a candidate’s name. 

45. The simple wearing of campaign buttons or clothing bearing a campaign slogan 

or a candidate’s name does not constitute persuading or endeavoring to 

persuade a person to vote for or against a particular candidate or party ticket, or 

for or against a ballot question. 

46. Notwithstanding said duties and in willful violation thereof, the Defendants have 

violated the Michigan statutory, constitutional, voting and civil rights of Plaintiffs 

as herein. 

47. As a direct and proximate result of the Defendants’ violations as described 

above, Plaintiffs AFSCME Council 25 members, Phillips, and Williams have 

suffered and will continue to suffer the abridging or denial of the right to vote in 

the November 2008 election. 

Count II 

Violation of Voting Right Acts 

42 U.S.C. § 1971 and 42 U.S.C. § 1973

48. Plaintiffs hereby incorporate by reference paragraphs 1 through 47. 

49. At all times relevant hereto, Plaintiffs and Defendants were subject to the Voting 

Right Acts as amended 42 U.S.C. § 1971 and 42 U.S.C. § 1973. 

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50. The acts of Defendants as described above are in violation of Plaintiffs’ rights 

under 42 U.S.C. § 1971 and 42 U.S.C. § 1973. 

51. Under 42 U.S.C. § 1971, Defendants have a duty in determining whether any 

individual is qualified under State law or laws to vote in any election, not to apply 

any standard, practice, or procedure different from the standards, practices or 

procedures applied under such law or laws to other individuals within the same 

county, parish, or similar political subdivision who have been found by State 

officials to be qualified to vote.

52. Under 42 U.S.C. § 1973, Defendants have a duty not to impose or apply any 

qualification or prerequisite to voting which results in a denial or abridgement of 

the right of any citizen of the United States to vote on account of race or color, or 

in contravention of the guarantees set forth by the statute.

53. Under 42 U.S.C. § 1973, Defendants have a duty not to fail or refuse to permit 

any person to vote who is entitled to vote under any provision of the statute, or is 

otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report 

such person’s vote. 

54. Under 42 U.S.C. § 1973, Defendants have a duty not to intimidate, threaten or 

coerce any person for urging or aiding any person to vote, or intimidate, threaten 

or coerce any person for exercising any powers or duties under the Acts.

55. Notwithstanding said duties and in willful violation thereof, the Defendants have 

violated the constitutional, voting and civil rights of Plaintiffs as delineated herein. 

56. As a direct and proximate result of the Defendants’ violations as described 

above, Plaintiffs AFSCME Council 25 members, Phillips, and Williams have 

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suffered and will continue to suffer the abridging or denial of the right to vote in 

the November 2008 election. 

Count III 

Violation of Freedom of Expression, Association, 

Due Process and Equal Protection 

57. Plaintiff hereby incorporates by reference paragraphs 1 through 56. 

58. At all times relevant hereto, Defendants were acting in their respective capacities 

as stated herein, under color of the law of the State of Michigan, and subject to 

this Court’s jurisdiction. 

59. Plaintiffs have been subjected because of the recited acts, to deprivation by the 

Defendants, under color of law, and the customs and usages of the state of 

Michigan, of rights, privileges, and immunities secured by the Constitution and 

Laws of the United States, and particularly rights to vote, association, speech, 

due process and equal protection of the laws guaranteed Under the First, Fifth, 

Fourteenth, and Fifteenth Amendments to the U.S. Constitution. 

60. As a direct and proximate result of the Defendants’ violations as described 

above, Plaintiffs AFSCME Council 25 members, Phillips, and Williams have 

suffered and will continue to suffer the abridging or denial of the right to vote in 

the November 2008 election. 

COUNT IV 

Preliminary Injunction

61. Plaintiff hereby incorporates by reference paragraphs 1 through 60. 

62. Plaintiffs have a strong likelihood of success on Counts I through III of this 

Complaint. 

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63. Absent a preliminary injunction, Plaintiffs will be immediately and irreparably 

harmed in that Plaintiffs and others will have their right to vote abridged and/or 

denied. 

64. Absent a preliminary injunction, the harm to Plaintiffs is substantial; in contrast, 

any harm to Defendants is minor at best. 

65. The public interest weighs strongly in favor of letting every qualified resident of 

Michigan vote free of intimidation, coercion, or harassment. 

COUNT V

Permanent Injunction

66. Plaintiff hereby incorporates by reference paragraphs 1 through 65. 

67. Plaintiffs have a strong likelihood of success on Counts I through IV of this 

Complaint. 

68. Absent a permanent injunction, Plaintiffs will be immediately and irreparably 

harmed in that Plaintiffs and others will have their right to vote abridged and/or 

denied. 

69. Absent a permanent injunction, the harm to Plaintiffs is substantial; in contrast, 

any harm to Defendants is minor at best. 

70. The public interest weighs strongly in favor of letting every qualified resident of 

Michigan vote free of intimidation, coercion, or harassment. 

COUNT VI 

Declaratory Judgment

71. Plaintiff hereby incorporates by reference paragraphs 1 through 70. 

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72. Pursuant to 28 U.S.C. § 2201(a), this Court “may declare the rights and other 

legal relations of any interested party seeking such declaration whether or not 

further relief is or could be sought”. 

73. Any such declaration shall have the force and effect of a final judgment or decree 

and shall be reviewable as such. See 28 U.S.C. § 2201(a). 

74. Under the facts as delineated herein, there is an actual controversy between the 

parties, and a multiplicity of litigation will be avoided if all of these issues are 

determined by this court at one time. 

75. This court has jurisdiction to adjudicate the matters at issue and enter its 

judgment declaring the rights of all parties to this action. 

76. It is necessary for this court to adjudicate and declare the rights of the parties to 

this action to guide Plaintiffs’ future conduct and preserve their legal rights. 

WHEREFORE, Plaintiffs pray that: 

1. This Court declare that the Defendants’ interpretation and application of MCL 

168.744 as delineated in Defendants’ directive to Election Inspectors, as 

found in the Michigan Department of State, Bureau of Elections, Election 

Inspector Training Coordinator Accreditation Workshop Manual is in violation 

MCL 168.744, the Voting Right Acts (Title 42 USCS § 1971 and 42 USCS § 

1973), the First, Fifth, Fourteenth and Fifteenth Amendments to the 

Constitution of the United States and therefore void. 

2. This Court issue preliminary and permanent injunctions enjoining Defendants, 

their agents, employees, successors and all persons in active concert and 

participation with them from enforcing, implementing or otherwise giving effect 

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to the Defendants’ directive to Election Inspectors that; “Election Inspectors 

have the right to ask voters entering the polls to remove campaign buttons or 

cover up clothing bearing a campaign slogan or a candidate’s name. . . If a 

person persists in violating any of the above restrictions, contact the clerk or, 

if necessary, local law enforcement authorities”. 

3. This Court grant Plaintiffs such other and further relief as to the Court may 

deem just and proper, together with cost and attorney fees.

Date: ________________ Respectfully submitted, 

 __________________________ 

 Herbert A. Sanders 

 Attorney for the Plaintiffs 

 

_______________________________ 

 Aina N. Watkins 

Attorney for the Plaintiff AFSCME only. 

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