Lawsuit wants access expanded to Mich. primary election records

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By Tiffany Griffin

LANSING, Mich. (AP) — A federal lawsuit was filed Friday challenging who gets access to voter information from Tuesday's presidential primary, but it won't keep the primary from being held.

The lawsuit argues it's illegal to let only Michigan's two major political parties have access to information on who votes Tuesday and whether they take a Republican or Democratic ballot.

Among the plaintiffs are the Green, Libertarian and Reform parties of Michigan, Detroit weekly newspaper the Metro Times and political consultant David Forsmark. The lawsuit was filed by the American Civil Liberties Union of Michigan in U.S. District Court in Detroit.

The lawsuit names Secretary of State Terri Lynn Land as defendant. Land spokeswoman Kelly Chesney said the lawsuit will be reviewed once a copy is received by the secretary of state's office.

"At this point, we have a presidential primary to conduct and are required by law to transmit the data within 71 days to the parties. That's what we are preparing to do," Chesney said.

Under the law setting up the primary, voters on Tuesday will have to write down whether they want a Republican or Democratic ballot. That information will not become a public record. But a list of voters' names and which ballot they took will be given to the Michigan Republican and Democratic parties.

Anyone who uses the records other than the two parties could be charged with a misdemeanor and fined $1,000 or be given 93 days in jail. The parties can use the information to send campaign literature, make calls or ask for donations from those on the lists or for other purposes that would help the parties.

Those that brought the suit say limiting who can see the information violates the Equal Protection Clause of the U.S. Constitution's 14th Amendment.

"The main problem with this statute is that it gives valuable political resources to the two major parties to use for almost any purpose while making it a crime for anyone else in the state to use or acquire this information," ACLU cooperating attorney Thomas Wieder said in a statement.

The plaintiffs also say the law violates the First Amendment and the Michigan Constitution by preventing the Metro Times and other news media from reporting and commenting upon matters of public interest that relate to voter party preference information.

It asks that the court declare the law unconstitutional and permanently prohibit the secretary of state from carrying out the law's provisions.

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