IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

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1 Case 1:06-cv JTC Document 17 Filed 08/28/2006 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW, et al., v. Plaintiffs, CIVIL ACTION NO. 1:06-CV-1891-JTC CATHY COX, et al. Defendants. NOTICE OF RULE 30(B)(6) DEPOSITION OF GEORGIA STATE ELECTION BOARD TO: GEORGIA STATE ELECTION BOARD c/o Stefan E. Ritter, Esq. Senior Assistant Attorney General Georgia Department of Law 40 Capitol Square, SW Atlanta, GA PLEASE TAKE NOTICE, pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure, that counsel for Plaintiffs will take the deposition upon oral examination of the Georgia State Election Board, on Friday, September 1, 2006, at 1:00 p.m., at the Sloppy Floyd State Office Building, West Tower Suite 1104, 2 Martin Luther King Jr. Drive, SE, Atlanta, GA , or at such other date, time, and place as is mutually agreed upon by counsel. This deposition shall be Page 1

2 Case 1:06-cv JTC Document 17 Filed 08/28/2006 Page 2 of 6 recorded by stenographic means and may also be recorded by other audiovisual means. This deposition shall be used for all permissible purposes under the Federal Rules of Civil Procedure and shall continue from day to day until complete. Pursuant to Fed. R. Civ. P. 30(b)(6), the Georgia State Election Board ( SEB ) shall designate one or more individuals who are competent to testify as to matters known or reasonably available to itself in the following areas and/or subject matters: (1) The facts and circumstances surrounding the SEB s adoption of Emergency Rule on or about September 9, 2004 (eff. 09/09/2004). (2) The facts and circumstances surrounding the SEB s adoption of Rule (3)(o)(2) on or about September 14, 2005 (eff. 01/17/2006). (3) The facts and circumstances surrounding the SEB s adoption in part and rejection in part of the March 6, 2006, petition by the Charles H. Wesley Education Foundation for the amendment of Rule (3) Any rulemaking proceedings related to the emergency and permanent administrative rules referenced in paragraphs (1) through (3) above. Page 2

3 Case 1:06-cv JTC Document 17 Filed 08/28/2006 Page 3 of 6 (4) The preclearance process (pursuant to Section 5 of the Voting Rights Act) related to the emergency and permanent administrative rules referenced in paragraphs (1) through (3) above. (5) The SEB s deliberations as to the compelling state interests advanced by the emergency and permanent administrative rules referenced in paragraphs (1) through (3) above. (6) The SEB s deliberations as to the crafting of narrowly tailored restrictions designed to address any asserted compelling state interests advanced by the emergency and permanent administrative rules referenced in paragraphs (1) through (3) above. (7) The SEB s consideration and evaluation of public comments submitted in connection with the emergency and permanent administrative rules referenced in paragraphs (1) through (3) above. (8) The facts and circumstances surrounding any formal investigations commenced by the SEB concerning alleged improper distribution, collection, submission, or other handling of mail-in voter registration applications by private, non-deputized voter registration organizations or deputy registrars. (9) The methods used by the SEB (or local election authorities under the SEB s supervision) or the Office of Secretary of State to determine how, by whom, Page 3

4 Case 1:06-cv JTC Document 17 Filed 08/28/2006 Page 4 of 6 and by what type of organization (i.e., individual applicant, private non-deputized third party, deputy registrar, designated state agency, or registrar) completed mailin voter registration applications are distributed, collected, or submitted and processed. (10) The SEB s method of data collection and record keeping, if any, comparing election law violations by registrars, deputy registrars, and other stateauthorized individuals on the one hand, and non-deputized private entities on the other. th Dated this 28 day of August, s/ Bradley E. Heard, Esq. Georgia Bar No Counsel for All Plaintiffs MOLDEN HOLLEY FERGUSSON THOMPSON & HEARD, LLC 34 Peachtree Street, NW, Suite 1700 Atlanta, GA Tel.: Fax: bheard@moldenholley.com Page 4

5 Case 1:06-cv JTC Document 17 Filed 08/28/2006 Page 5 of 6 CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 5.1 The undersigned hereby certifies that the foregoing document has been prepared in accordance with the font type and margin requirements of Local Rule 5.1 of the Northern District of Georgia, using a font type of Times New Roman and a point size of 14. s/ Bradley E. Heard, Esq. Georgia Bar No Page 5

6 Case 1:06-cv JTC Document 17 Filed 08/28/2006 Page 6 of 6 CERTIFICATE OF SERVICE This will certify that I have this day electronically filed the within and foregoing Rule 30(b)(6) Notice of Deposition with the Clerk of Court using the CM/ECF system, which will automatically send notification of such filing to the following attorneys of record: Dated this 28th day of August, Stefan E. Ritter, Esq. Senior Assistant Attorney General Department of Law, State of Georgia 40 Capital Sq SW Atlanta, GA Stefan.Ritter@law.state.ga.us s/ Bradley E. Heard, Esq. Georgia Bar No

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Case 1:06-cv-01891-JTC Document 31 Filed 09/12/2006 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM