United States of America v. Eastpointe, City of et al

Filing 67

SUPPLEMENTAL ORDER. Signed by District Judge Terrence G. Berg. (AChu)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

UNITED STATES OF AMERICA,
Plaintiff,
v.
CITY OF EASTPOINTE; EASTPOINTE
CITY COUNCIL; SUZANNE PIXLEY,
in her official capacity as Mayor of
Eastpointe; CARDI DEMONACO JR.,
MICHAEL KLINEFELT, SARAH
LUCIDO, and MONIQUE OWENS, in
their official capacities as members of the
Eastpointe City Council; and RYAN
COTTON, in his official capacity as
Eastpointe City Clerk,

Civil Action No. 4:17-CV-10079
(TGB) (DRG)

Defendants.

SUPPLEMENTAL ORDER
The United States filed this action to enforce Section 2 of the Voting Rights
Act, 52 U.S.C. § 10301. On June 26, 2019, this Court entered a Consent Judgment
and Decree (ECF No. 64) finding that the at-large, multiple-vote method of
election then in place to elect members of the Eastpointe City Council resulted in a
violation of Section 2 of the Voting Rights Act, 52 U.S.C. § 10301. As a remedy,
the Decree put in place an agreed-upon ranked choice voting system for Eastpointe
City Council elections. Id., Order ¶ 4. To facilitate implementation of the Consent

Judgment and Decree previously entered, the Court hereby ORDERS that the
Decree be supplemented as follows:
14.

Notwithstanding Section 691 of the Michigan Election Law, Mich.

Comp. Laws § 168.691, Defendants may use a ranked choice ballot that lists a
candidate’s name in more than one column on the ballot for the same office.
15.

Notwithstanding Section 795(1)(c) of the Michigan Election Law,

Mich. Comp. Laws § 168.795(1)(c), in tabulating a voter’s ballot for an office
elected using ranked choice voting, the voter’s first preference will be counted by
Defendants even if the voter has overvoted on subsequent preferences. Similarly, a
voter’s second or third preference may be counted by Defendants, per Section 5 of
the MOU, even if the voter has overvoted on subsequent preferences.
SO ORDERED.
/s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Dated: October 18, 2019

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The Undersigned Agree to Entry of this Supplemental Order.
For the United States of America:
MATTHEW SCHNEIDER
United States Attorney
Eastern District of Michigan

ERIC S. DREIBAND
Assistant Attorney General
Civil Rights Division

/s/ Luttrell D. Levingston
LUTTRELL D. LEVINGSTON
Assistant United States Attorney
United States Attorney’s Office
Eastern District of Michigan
Civil Rights Unit
211 W. Fort Street, Suite 2001
Detroit, MI 48226

/s/ Daniel J. Freeman
T. CHRISTIAN HERREN, JR.
TIMOTHY F. MELLETT
DANIEL J. FREEMAN
JASMYN G. RICHARDSON
Attorneys, Voting Section
Civil Rights Division
U.S. Department of Justice
4 Constitution Square, Room 8.143
150 M Street NE
Washington, D.C. 20530

October 16, 2019
Date

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For Defendants:
/s/ Angela Bullock Gabel
ANGELA BULLOCK GABEL
ABG Law Office
9326 Olive Blvd. Suite 200
Olivette, MO 63132

RICHARD S. ALBRIGHT
ROBERT D. IHRIE
Ihrie O’Brien
24055 Jefferson Ave., Suite 2000
St. Clair Shores, MI 48080

October 16, 2019
Date

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