The ACLU of Michigan on Wednesday filed a motion to dismiss criminal charges against a candidate in a political free speech.

Prosecutors allege that Michigan State Senate candidate, Anuja Rajendra, violated MCL 168.944, false designation of incumbency.

The charges stem from campaign mailers that officials claim include language that implied Rajendra was the incumbent for the district. The mailers contained phrases like “as your State Senator, I want …” or “as your State Senator, I am steadfast in …” which prosecutors say make a false representation of incumbency.

The ACLU of Michigan argues the charges are unconstitutional:

This statute is unconstitutional on its face because it is not narrowly tailored to serve a compelling state interest. … The statute is also facially invalid because it is unconstitutionally vague, as it does not provide sufficient notice to a candidate of speech that is prohibited as illegal. … Finally, the statute is unconstitutional as applied because in this case it is being used to punish speech that is not clearly false.

According to the ACLU of Michigan, political speech requires thorough First Amendment protection and statutes like MCL 168.944 could dissuade political newcomers from participating in the election process.