Nelson v. Miller

King Nelson and other Michigan citizens (plaintiffs) brought a class-action lawsuit against Candice Miller (defendant), the Michigan secretary of state, on behalf of all blind Michigan voters (blind voters) (plaintiffs) for alleged violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. State election laws stated that voters with visual disabilities who could not mark their ballots were permitted to choose an immediate family member or person over the age of 18 to assist in ballot marking. The state constitution also empowered the state legislature to enact election laws protecting the secrecy of the ballot. The blind voters claimed that the current election laws did not include an accessible voting option, like electronic voting, that preserved the secrecy of the ballot because blind people could not vote without another person’s assistance. The blind voters further argued that by failing to preserve the secrecy of the ballot through alternative voting methods, Miller denied blind voters their constitutional rights in violation of the ADA and the Rehabilitation Act. The blind voters sought a permanent injunction to force Miller to implement voting alternatives. Miller moved to dismiss the case, and the district court granted Miller’s motion. The blind voters appealed to the Sixth Circuit.