Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 1 of 21

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1 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 1 of 21 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, et al., v. Plaintiffs, STATE OF TEXAS, et al., CIVIL ACTION NO. SA-11-CA-360-OLG-JES-XR [Lead case] Defendants. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT Defendants Rick Perry, in his official capacity as Governor, John Steen, in his official capacity as Secretary of State, and the State of Texas (collectively Defendants ) file their Answer to the Third Amended Complaint of Plaintiffs Margarita V. Quesada, Romeo Munoz, Marc Veasey, Jane Hamilton, Lyman King, John Jenkins, Kathleen Maria Shaw, Debbie Allen, Jamaal R. Smith, and Sandra Puente (collectively Quesada Plaintiffs or Plaintiffs ) and respectively show the Court the following: Titles or headings contained in the Plaintiffs Third Amended Complaint are reproduced in this Answer for organizational purposes only, and Defendants do not admit any matter contained therein. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 1

2 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 2 of 21 ANSWER TO PLAINTIFFS THIRD AMENDED COMPLAINT I. Introduction 1. Defendants admit the allegations contained in this paragraph. 2. Defendants admit that Plaintiffs allege violations of law and seek relief from this Court with respect to the State s 2011 legislatively enacted congressional redistricting plan (Plan C185), including injunctive and declaratory relief, but Defendants deny Plaintiffs allegations, deny that Plaintiffs legal claims are valid, and deny that they are entitled to relief from this Court. Defendants otherwise deny the allegations contained in this paragraph. 3. Defendants deny the allegations contained in the first sentence of this paragraph. Defendants admit that following the 2010 U.S. Census, Texas was apportioned 36 congressional districts. Defendants admit that according to the 2010 U.S. Census, approximately 89% of the total increase in Texas s population from 2000 to 2010, including both citizens and non-citizens, was the result of non- Anglo growth. Defendants deny the allegation that minority voters only were afforded an effective ability to elect a candidate of choice in only one of the four new districts created under Plan C185. Defendants admit that according to the 2010 U.S. Census, the Anglo population in Texas accounts for 45.3% of the State s total population. Defendants deny the allegation that Anglos would have controlled 72% of Texas congressional districts under Plan C185. Defendants deny the allegations contained in the last sentence of this paragraph. 4. Defendants deny the allegations contained in this paragraph. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 2

3 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 3 of 21 II. Jurisdiction and Venue 5. No response is required to the allegations in this paragraph as they raise questions of law. III. Parties 6. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 7. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 8. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 9. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in the first two sentences of this paragraph, and, therefore, deny the same. Defendants admit the allegations contained in the last sentence of this paragraph. 10. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 3

4 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 4 of Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 12. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 13. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 14. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 15. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 16. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in this paragraph, and, therefore, deny the same. 17. Defendants admit the allegations contained in this paragraph. 18. Defendants admit the allegations contained in this paragraph. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 4

5 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 5 of 21 IV. Facts Reapportionment 19. Defendants admit the allegations contained in this paragraph. 20. Defendants admit the allegations contained in this paragraph. 21. Defendants admit the allegations contained in this paragraph. 22. Defendants admit the allegations contained in this paragraph. 23. Defendants admit the allegations contained in this paragraph. 24. Defendants admit that according to the 2010 U.S. Census, the Hispanic growth in Texas was 41.8% from 2000 to 2010 and accounted for 65% of all growth in the State from 2000 to 2010, including both citizens and non-citizens. Defendants admit that according to the 2010 U.S. Census, approximately 89% of the total increase in Texas s population from 2000 to 2010, including both citizens and non-citizens, was the result of non-anglo growth. Defendants deny the remaining allegations contained in this paragraph. 25. Defendants admit that according to the 2010 U.S. Census, the Anglo population in Texas accounts for 45.3% of the State s total population. The Voting Rights Act 26. The allegations contained in this paragraph state legal conclusions, DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 5

6 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 6 of The allegations contained in this paragraph state legal conclusions, 28. Defendants admit that the U.S. Supreme Court issued its opinion in Shelby County, Alabama v. Holder on June 25, 2013, invalidating the coverage formula in Section 4(b) of the Voting Rights Act. Defendants admit that the State of Texas is no longer a covered political subdivision under Section 5 of the Voting Rights Act. The remaining allegations contained in this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be The Racially Discriminatory Redistricting Process in Texas in Defendants deny the allegations contained in this paragraph. 30. Defendants deny the allegations contained in this paragraph. 31. Defendants deny the allegations contained in this paragraph. 32. Defendants admit that the 82nd Texas Legislature, in its first called Special Session, passed Senate Bill 4, which contained Plan C185. Defendants admit that the Texas House of Representatives passed Senate Bill 4 on June 15, 2011; the Texas Senate passed Senate Bill 4 on June 20, 2011; and the Governor signed Senate Bill 4 into law on July 18, Defendants deny the allegation that there was an absence of meaningful participation for officials representing minority communities. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 6

7 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 7 of 21 The Pre-2011 Baseline Map 33. Defendants admit that the configuration of Texas s congressional districts that existed prior to the 2012 elections was known as Plan C100 and it contained 32 single-member districts. The remaining allegations contained in this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be admitted or denied, Defendants deny these allegations. 34. The allegations contained in this paragraph state legal conclusions, 35. The allegations contained in this paragraph state legal conclusions, 36. The allegations contained in this paragraph state legal conclusions, 37. The allegations contained in this paragraph state legal conclusions, The State s Proposed 2011 Map (C185), Viewed Statewide 38. Defendants deny the allegations contained in this paragraph. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 7

8 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 8 of The allegations contained in the first sentence of this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be Defendants deny the remaining allegations contained in this paragraph. 40. The allegations contained in this paragraph state legal conclusions, 41. The allegations contained in this paragraph state legal conclusions, 42. The allegations contained in the first, second, fourth, and sixth sentences of this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be admitted or denied, Defendants deny these allegations. Defendants deny the remaining allegations contained in this paragraph. 43. The allegations contained in this paragraph state legal conclusions, The State s Proposed 2011 Congressional Map (C185), Viewed Regionally 44. Defendants deny the allegations contained in the first and fifth sentences of this paragraph. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations contained in the DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 8

9 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 9 of 21 second sentence of this paragraph, and, therefore, deny the same. The remaining allegations contained in this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be admitted or denied, Defendants deny these allegations. 45. Defendants deny the allegations contained in this paragraph. 46. The allegations contained in this paragraph state legal conclusions, 47. Defendants deny the allegations contained in this paragraph. 48. Defendants deny the allegations contained in the first sentence of this paragraph. Defendants admit that according to the 2010 U.S. Census, Harris County lost 82,618 Anglos and gained 551,789 Hispanics between 2000 and 2010, including both citizens and non-citizens. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations regarding the population growth of African-Americans in Harris County between 2000 and 2010, and, therefore, deny the same. The remaining allegations contained in this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be admitted or denied, Defendants deny these allegations. 49. Defendants deny the allegations contained in this paragraph, except Defendants admit that there were five congressional districts in Travis County DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 9

10 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 10 of 21 under Plan C185, including Congressional District (CD) 25, which also included a small portion of Tarrant County. 50. Defendants deny the allegations contained in this paragraph. 51. Defendants admit that there were three congressional districts in Hays County under Plan C185. The remaining allegations contained in this paragraph are vague and Defendants are without knowledge or information sufficient to form a belief about the truth of these allegations, and, therefore, deny the same. The Court-Ordered Interim Plan (C235) 52. Defendants admit that this Court issued Plan C235 on February 28, 2012 as the interim plan for the districts used to elect representatives in 2012 to the United States House of Representatives. Order dated February 28, 2012 at 1 (Doc. 681). No response is required to the remaining allegations in the first sentence of this paragraph as they raise questions of law. Defendants admit that the allegations contained in the second sentence of this paragraph accurately quote selective portions from the Court s Order dated February 28, 2012 (Doc. 681). 53. No response is required to the allegations in the first sentence of this paragraph as they raise questions of law. Defendants admit that the remaining allegations contained in this paragraph accurately quote selective portions from the Court s Order dated March 19, 2012 (Doc. 691). 54. Defendants admit that Plan C235 was nearly identical to Plan C226, which was offered by the State, Plaintiffs Texas Latino Redistricting Task Force, and Plaintiff-Intervenor Henry Cuellar during the interim plan hearings. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 10

11 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 11 of 21 Defendants otherwise deny the allegations contained in the first and second sentences of this paragraph. Defendants admit that the allegations contained in the third and fourth sentences of this paragraph accurately quote selective portions from the Court s Order dated March 19, 2012 (Doc. 691). 55. Defendants admit the allegations contained in the first sentence of this paragraph. The allegations contained in the second sentence of this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be The Texas Legislature s Redistricting Process Used in the 2013 Special Session Was Infected With Intentional Discrimination 56. Defendants admit that the Governor called the 83rd Texas Legislature into a first Special Session on May 27, 2013 to consider legislation which ratifies and adopts the interim redistricting plans ordered by the federal district court as the permanent plans for districts used to elect members of the Texas House of Representatives, Texas Senate and United States House of Representatives. Defendants deny the allegations contained in the second sentence of this paragraph. 57. Defendants deny the allegations contained in this paragraph, except that Defendants admit that enacted Plan C235 is identical to the court-ordered interim congressional plan. 58. Defendants deny the allegations contained in this paragraph. 59. Defendants deny the allegations contained in this paragraph, except that Defendants admit that enacted Plan C235 is identical to the court-ordered interim congressional plan. The Texas Senate passed Senate Bill 4 (which DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 11

12 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 12 of 21 contained Plan C235) on June 14, 2013; the Texas House of Representatives passed Senate Bill 4 on June 21, 2013; and the Governor signed Senate Bill 4 into law on June 26, Defendants deny the allegations contained in this paragraph. 61. Defendants deny the allegations contained in this paragraph. 62. Defendants deny the allegations contained in this paragraph. 63. Defendants deny the allegations contained in this paragraph. The State s Proposed 2013 Map (C235), Viewed Statewide 64. The allegations contained in this paragraph state legal conclusions, 65. Defendants admit that according to the 2010 U.S. Census, the Anglo population in Texas accounts for 45.3% of the State s total population. Defendants deny the remaining allegations contained in this paragraph. 66. Defendants admit that according to the 2010 U.S. Census, approximately 89% of the total increase in Texas s population from 2000 to 2010, including both citizens and non-citizens, was the result of non-anglo growth. Defendants deny the allegation that the non-anglo population growth was responsible for all four of the new Texas districts being added through allocation. Defendants deny the allegations contained in the second sentence of this paragraph. Defendants admit that according to the 2010 U.S. Census, Hispanics make up approximately 33.6% of the State s voting age population, but Defendants deny the DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 12

13 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 13 of 21 allegation that Hispanics make up 25.5% of the State s citizen voting age population. The allegations contained in the fourth, fifth, and sixth sentences of this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be admitted or denied, Defendants deny these allegations. The State s Proposed 2013 Map (C235), Viewed Regionally Congressional District 33 In The Interim Plan 67. The allegations contained in the first, second, and third sentences in this paragraph state legal conclusions, which need not be admitted or denied, but to the extent these allegations must be admitted or denied, Defendants deny these allegations. Defendants are without knowledge or information sufficient to form a belief about the truth of the factual allegations in the fourth and fifth sentences of this paragraph, and, therefore, deny the same, except that Defendants admit that Marc Veasey was elected to the U.S. House of Representatives from CD 33 in the November 2012 general election. 68. The allegations contained in this paragraph state legal conclusions, 69. Defendants deny the allegations contained in this paragraph. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 13

14 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 14 of 21 Fracturing of Nueces County and Congressional District 27 In The 2013 Plan 70. The allegations contained in this paragraph state legal conclusions, Congressional District 23 In the State s 2013 Plan 71. The allegations contained in this paragraph state legal conclusions, 72. Defendants deny the allegations contained in this paragraph. Congressional District 25 In the State s 2013 Plan 73. Defendants deny the allegations contained in this paragraph, except Defendants admit that there are five congressional districts in Travis County under Plan C185 and Plan C235. Count Defendants repeat and reaffirm their answers to each and every allegation contained in the paragraphs above and incorporates the same herein as though fully set forth. 75. Defendants deny the allegations contained in this paragraph. Count Defendants repeat and reaffirm their answers to each and every allegation contained in the paragraphs above and incorporates the same herein as though fully set forth. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 14

15 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 15 of Defendants deny the allegations contained in this paragraph. Count Defendants repeat and reaffirm their answers to each and every allegation contained in the paragraphs above and incorporates the same herein as though fully set forth. 79. Defendants deny the allegations contained in this paragraph. Defendants further state that the Court has dismissed all Fifteenth Amendment claims asserted against the 2011 legislatively enacted redistricting plans. Count Defendants repeat and reaffirm their answers to each and every allegation contained in the paragraphs above and incorporates the same herein as though fully set forth. 81. Defendants deny the allegations contained in this paragraph. Defendants further state that the Court has dismissed all Fifteenth Amendment claims asserted against the 2011 legislatively enacted redistricting plans. Count Defendants repeat and reaffirm their answers to each and every allegation contained in the paragraphs above and incorporates the same herein as though fully set forth. 83. Defendants deny the allegations contained in this paragraph. Defendants further state that the Court has dismissed all Fifteenth Amendment claims asserted against the 2011 legislatively enacted redistricting plans. DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 15

16 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 16 of 21 V. Prayers for Relief Defendants need not admit or deny legal argument or legal conclusions. To the extent a response to this section or its subparts is required, Defendants deny that Plaintiffs are entitled to judgment on any claims asserted in their Third Amended Complaint. DEFENSES TO PLAINTIFFS THIRD AMENDED COMPLAINT 1. Defendants assert that the Court lacks subject matter jurisdiction over Plaintiffs claims. 2. Defendants assert that Plaintiffs have failed to state a claim upon which relief can be granted. 3. Defendants assert that the Court has dismissed all Fifteenth Amendment claims against the 2011 legislatively enacted redistricting plans. 4. Defendants assert the right to amend these defenses to assert additional defenses as they may become known to Defendants. AFFIRMATIVE DEFENSES TO PLAINTIFFS THIRD AMENDED COMPLAINT 1. Defendants assert the defense of Eleventh Amendment immunity to all claims to which that defense applies. 2. Defendants assert the right to amend these affirmative defenses to assert additional affirmative defenses as they may become known to Defendants. DEFENDANTS PRAYER Defendants request that the Court enter a judgment that Plaintiffs take nothing by this suit, that Plaintiffs claims be dismissed with prejudice, and that DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 16

17 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 17 of 21 Defendants be granted such other and further relief to which they may show themselves to be justly entitled. Dated: October 2, 2013 Respectfully submitted, GREG ABBOTT Attorney General of Texas DANIEL T. HODGE First Assistant Attorney General DAVID C. MATTAX Deputy Attorney General for Defense Litigation J. REED CLAY, JR. Special Assistant and Senior Counsel to the Attorney General /s/ Patrick K. Sweeten PATRICK K. SWEETEN Chief, Special Litigation Division Texas Bar No ANGELA COLMENERO Assistant Attorney General MATTHEW H. FREDERICK Assistant Solicitor General P.O. Box 12548, Capitol Station Austin, TX (512) (512) (fax) ATTORNEYS FOR THE STATE OF TEXAS, RICK PERRY, AND JOHN STEEN DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 17

18 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 18 of 21 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of this filing was sent on October 2, 2013, via the Court s electronic notification system and/or to the following counsel of record: DAVID RICHARDS Richards, Rodriguez & Skeith LLP 816 Congress Avenue, Suite 1200 Austin, TX davidr@rrsfirm.com RICHARD E. GRAY, III Gray & Becker, P.C. 900 West Avenue, Suite 300 Austin, TX / (facsimile) Rick.gray@graybecker.com ATTORNEYS FOR PLAINTIFFS PEREZ, DUTTON, TAMEZ, HALL, ORTIZ, SALINAS, DEBOSE, and RODRIGUEZ JOSE GARZA Law Office of Jose Garza 7414 Robin Rest Dr. San Antonio, Texas garzpalm@aol.com MARK W. KIEHNE RICARDO G. CEDILLO Davis, Cedillo & Mendoza McCombs Plaza 755 Mulberry Ave., Ste. 500 San Antonio, TX / (facsimile) mkiehne@lawdcm.com rcedillo@lawdcm.com GERALD H. GOLDSTEIN DONALD H. FLANARY, III Goldstein, Goldstein and Hilley 310 S. St. Mary s Street San Antonio, TX / (facsimile) ggandh@aol.com donflanary@hotmail.com PAUL M. SMITH, MICHAEL B. DESANCTIS, JESSICA RING AMUNSON Jenner & Block LLP 1099 New York Ave., NW Washington, D.C J. GERALD HEBERT 191 Somervelle Street, # 405 Alexandria, VA hebert@voterlaw.com JESSE GAINES P.O. Box Fort Worth, TX gainesjesse@ymail.com ATTORNEYS FOR PLAINTIFFS QUESADA, MUNOZ, VEASEY, HAMILTON, KING and JENKINS LUIS ROBERTO VERA, JR. Law Offices of Luis Roberto Vera, Jr Riverview Towers San Antonio, Texas lrvlaw@sbcglobal.net DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 18

19 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 19 of 21 JOAQUIN G. AVILA P.O. Box Seattle, WA / (facsimile) ATTORNEYS FOR MEXICAN AMERICAN LEGISLATIVE CAUCUS NINA PERALES MARISA BONO Mexican American Legal Defense and Education Fund 110 Broadway, Suite 300 San Antonio, TX / (facsimile) MARK ANTHONY SANCHEZ ROBERT W. WILSON Gale, Wilson & Sanchez, PLLC 115 East Travis Street, Ste San Antonio, TX / (facsimile) ATTORNEYS FOR TEXAS LATINO REDISTRICTING TASK FORCE, CARDENAS, JIMENEZ, MENENDEZ, TOMACITA AND JOSE OLIVARES, ALEJANDRO AND REBECCA ORTIZ JOHN T. MORRIS 5703 Caldicote St. Humble, TX JOHN T. MORRIS, PRO SE GEORGE JOSEPH KORBEL Texas Rio Grande Legal Aid, Inc North Main San Antonio, TX ATTORNEYS FOR INTERVENOR- PLAINTIFF LEAGUE OF UNITED LATIN AMERICAN CITIZENS ROLANDO L. RIOS Law Offices of Rolando L. Rios 115 E Travis Street, Suite 1645 San Antonio, TX rrios@rolandorioslaw.com ATTORNEY FOR INTERVENOR- PLAINTIFF HENRY CUELLAR GARY L. BLEDSOE Law Office of Gary L. Bledsoe 316 W. 12 th Street, Ste. 307 Austin, TX / (facsimile) garybledsoe@sbcglobal.net ATTORNEY FOR INTERVENOR- PLAINTIFFS TEXAS STATE CONFERENCE OF NAACP BRANCHES, TEXAS LEGISLATIVE BLACK CAUCUS, EDDIE BERNICE JOHNSON, SHEILA JACKSON- LEE, ALEXANDER GREEN, HOWARD JEFFERSON, BILL LAWSON, and JUANITA WALLACE VICTOR L. GOODE Asst. Gen. Counsel, NAACP 4805 Mt. Hope Drive Baltimore, MD / (facsimile) vgoode@naacpnet.org ATTORNEY FOR TEXAS STATE CONFERENCE OF NAACP BRANCHES DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 19

20 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 20 of 21 MAX RENEA HICKS Law Office of Max Renea Hicks 101 West Sixth Street Suite 504 Austin, TX /512/ (facsimile) ATTORNEY FOR PLAINTIFFS CITY OF AUSTIN, TRAVIS COUNTY, ALEX SERNA, BEATRICE SALOMA, BETTY F. LOPEZ, CONSTABLE BRUCE ELFANT, DAVID GONZALEZ, EDDIE RODRIGUEZ, MILTON GERARD WASHINGTON, and SANDRA SERNA STEPHEN E. MCCONNICO SAM JOHNSON S. ABRAHAM KUCZAJ, III Scott, Douglass & McConnico One American Center 600 Congress Ave., 15th Floor Austin, TX / (facsimile) ATTORNEYS FOR PLAINTIFFS CITY OF AUSTIN, TRAVIS COUNTY, ALEX SERNA, BALAKUMAR PANDIAN, BEATRICE SALOMA, BETTY F. LOPEZ, CONSTABLE BRUCE ELFANT, DAVID GONZALEZ, EDDIE RODRIGUEZ, ELIZA ALVARADO, JOSEY MARTINEZ, JUANITA VALDEZ-COX, LIONOR SOROLA- POHLMAN, MILTON GERARD WASHINGTON, NINA JO BAKER, and SANDRA SERNA KAREN M. KENNARD 2803 Clearview Drive Austin, TX (512) / (facsimile) ATTORNEY FOR PLAINTIFF CITY OF AUSTIN ROBERT NOTZON 1507 Nueces Street Austin, TX / (facsimile) ALLISON JEAN RIGGS ANITA SUE EARLS Southern Coalition for Social Justice 1415 West Highway 54, Ste. 101 Durham, NC / (facsimile) ATTORNEYS FOR TEXAS STATE CONFERENCE OF NAACP BRANCHES, EARLS, LAWSON, WALLACE, and JEFFERSON DONNA GARCIA DAVIDSON PO Box Austin, TX / (facsimile) FRANK M. REILLY Potts & Reilly, L.L.P. P.O. Box 4037 Horseshoe Bay, TX / (facsimile) ATTY FOR DEFENDANT STEVE MUNISTERI CHAD W. DUNN K. SCOTT BRAZIL Brazil & Dunn 4201 FM 1960 West, Suite 530 Houston, TX / (facsimile) ATTORNEYS FOR INTERVENOR- DEFS TEXAS DEMOCRATIC PARTY and BOYD RICHIE DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 20

21 Case 5:11-cv OLG-JES-XR Document 916 Filed 10/02/13 Page 21 of 21 ROBERT L. PITMAN, JOCELYN SAMUELS, T. CHRISTIAN HERREN, JR., TIMOTHY F. MELLETT, BRYAN SELLS, JAYE ALLISON SITTON DANIEL J. FREEMAN MICHELLE A. MCLEOD U.S. Department of Justice Civil Rights Division, Voting Rights Room 7254 NWB 950 Pennsylvania Avenue, N.W. Washington, D.C (202) ; (202) ATTORNEYS FOR THE UNITED STATES DAVID ESCAMILLA Travis County Asst. Attorney P.O. Box 1748 Austin, TX (512) ATTORNEY FOR PLAINTIFF TRAVIS COUNTY /s/ Patrick K. Sweeten PATRICK K. SWEETEN DEFENDANTS ANSWER TO QUESADA PLAINTIFFS THIRD AMENDED COMPLAINT PAGE 21