ANN ARBOR, MI - Ann Arbor businesswoman Anuja Rajendra, who lost a closely watched Michigan Senate race this year, was arraigned on criminal charges Tuesday, Nov. 13.

The Washtenaw County Prosecutor's Office alleges Rajendra falsely represented herself as the incumbent senator in her campaign literature on two occasions in July.

A hearing in the case is now set for January and the American Civil Liberties Union of Michigan is defending Rajendra.

One of her campaign mailers stated, "As a mom of four and as your State Senator, I want my kids and all kids in Michigan to have the same opportunity for quality education and success."

Another stated, "As your State Senator, I'm steadfast in my commitment to ...." She then listed her support for increasing K-12 school funding and other education matters.

Those two specific statements are listed in court records as the reasons why Rajendra is now facing two counts of false incumbency designation, each a misdemeanor violation of state election law punishable by up to 90 days in jail and/or $500 in fines.

After arraignment in Ann Arbor's 15th District Court, the case is set for a hearing before Judge Elizabeth Hines at 1 p.m. Jan. 7.

Court records indicate the ACLU intends to file a motion to dismiss the case by Nov. 26 and the prosecution has until Dec. 10 to respond.

Michael Steinberg, legal director for the ACLU of Michigan, said Rajendra never intended to convey that she was an incumbent and the fact that she's facing jail time is disturbing.

"The ACLU has a serious problem with the government charging political candidates with crimes for political speech," Steinberg said in a recent interview, suggesting the threat of jail time for political speech may keep some from running for office in the future.

"Many idealistic individuals stepped forward and ran for office for the first time in this election cycle with the goal of making the world a better place," he said. "Nothing can have more of a chilling effect on people participating in our democracy than threatening these civic-minded individuals with imprisonment."

Rajendra was a political newcomer competing for the Democratic nomination in a four-way primary race for the Senate seat representing the Ann Arbor area. She was up against former county commissioner and state Rep. Jeff Irwin, County Commissioner Michelle Deatrick, and Washtenaw Community College student Matthew Miller.

Irwin won the race, with Deatrick coming in a close second and Rajendra third.

Founder and CEO of the BollyFit fitness and dance studio in Ann Arbor, Rajendra ran on a campaign platform calling for a fresh voice for progressive values in Lansing.

"Our current State Senate lacks representation in diversity and gender," stated one of her campaign postcards mailed to voters in July, urging voters to "vote a new way" on Aug. 7.

Court records list a Plymouth Road apartment address as the location of the alleged July 1-5 campaign mailer violations that led to the Ann Arbor Police Department investigating the matter in September.

AAPD Detective Robert Schneider is listed as the complaining witness in the case, and records show the county prosecutor's office authorized bringing charges against Rajendra in October.

Irwin, who is stepping into his new Senate seat in January, said last month he didn't see anything from Rajendra's campaign that crossed any ethical or legal boundaries and he wishes her the best as she moves past "this surprising charge."

Deatrick also said she was surprised by the charges and absolutely does not support them.

"Anuja ran a good strong campaign, and I wish her all the best in whatever she does next," Deatrick said.

Irwin eked out a narrow win in August. Deatrick had about 35.16 percent of the vote, and Irwin topped that with 35.59 percent. Rajendra finished with about 27 percent.

Deatrick and Rajendra both put tens of thousands of dollars of their own money into their campaigns.