ANN ARBOR, MI – The American Civil Liberties Union of Michigan has filed a court motion to dismiss a criminal case involving the campaign literature of a recent state Senate candidate.

The ACLU is contrasting Anuja Rajendra’s campaign speech with that of President Donald Trump.

“It is beyond ironic that the president of the United States regularly tells bold-faced lies with impunity, yet this first-time candidate was charged with a crime for allegedly making an isolated misleading statement during her unsuccessful bid to represent Washtenaw County,” said Michael Steinberg, ACLU of Michigan legal director.

Rajendra, an Ann Arbor businesswoman who lost a four-way Democratic primary race in August, was arraigned on criminal charges Tuesday, Nov. 13, in Ann Arbor’s 15th District Court.

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 ACLU is defending Rajendra.

In a 48-page court filing on Dec. 4, the ACLU argued the Michigan law under which Rajendra is being charged is unconstitutional.

The ACLU’s position is that the First Amendment protects even allegedly misleading speech and does not allow for a law that empowers the state to police campaign speech and target statements in campaign literature for criminal prosecution.

“Ms. Rajendra never intended to suggest that she was an incumbent,” Steinberg said. “To the contrary, her entire campaign revolved around the theme that she was the fresh voice and political outsider who could change the toxic political environment in Lansing.”

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.

County Prosecutor Brian Mackie’s office is not commenting on the case at this time.

The ACLU argues the Supreme Court has made clear the solution to misleading campaign speech is truthful speech, not imprisonment.

“Giving government officials the discretion to put candidates’ speech on trial could lead to prosecutions based on political favoritism,” Steinberg said. “We truly hope the prosecutor will do the right thing and dismiss the charges against Ms. Rajendra. What young person is going to consider running for political office when a misunderstanding about the meaning of a statement made in the heat of a campaign could lead to a criminal conviction and jail?”

State Rep. Jeff Irwin, D-Ann Arbor, won the Senate seat for the Ann Arbor area that Rajendra was seeking.

The court case against Rajendra is now scheduled for a hearing before Judge Elizabeth Hines at 9 a.m. Jan. 10.