IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

Transcription

1 Case 1:13-cv TDS-JEP Document 463 Filed 10/01/16 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., Plaintiffs-Intervenors, THE STATE OF NORTH CAROLINA, et al., Defendants. UNITED STATES OF AMERICA, THE STATE OF NORTH CAROLINA, et al, Defendants. Case No.: 1:13-CV-658 Case No.: 1:13-CV-660 Case No.: 1:13-CV-861

2 Case 1:13-cv TDS-JEP Document 463 Filed 10/01/16 Page 2 of 4 NOTICE OF FILING Intervenor-Plaintiffs give notice of filing of the following witness declarations in support of their Emergency Motion to Enforce the Injunction (Dkt. 461: 1. Reverend Willard Bass 2. Angela Bryant 3. Fleming El-Amin 4. Jemma Johnson 5. Deborah Maxwell 6. Tom Pollard 7. Richard Poole 8. Gail Robinson Mitchell 9. Myra Slone 10. Revered Dr. T. Anthony Spearman 11. Linda Sutton 12. Marques Thompson 13. Jane Whitley Dated: October 1, 2016.

3 Case 1:13-cv TDS-JEP Document 463 Filed 10/01/16 Page 3 of 4 Respectfully submitted, /s/ Marc E. Elias Marc E. Elias D.C. Bar No MElias@perkinscoie.com John M. Devaney D.C. Bar No JDevaney@perkinscoie.com Bruce V. Spiva D.C. Bar No Elisabeth C. Frost D.C. Bar No EFrost@perkinscoie.com Amanda R. Callais D.C. Bar No ACallais@perkinscoie.com PERKINS COIE LLP 700 Thirteenth Street, N.W., Suite 600 Washington, D.C Telephone: ( Facsimile: ( /s/ Edwin M. Speas, Jr. Edwin M. Speas, Jr. POYNER SPRUILL LLP N.C. State Bar No espeas@poynerspruill.com Caroline P. Mackie N.C. State Bar No cmackie@poynerspruill.com P.O. Box 1801 ( Fayetteville St., Suite 1900 Raleigh, NC Telephone: ( Facsimile: ( *appearing pursuant to Local Rule 83.1(d Joshua L. Kaul Wisconsin Bar No JKaul@perkinscoie.com PERKINS COIE LLP 1 East Main Street, Suite 201 Madison, WI Telephone: ( Facsimile: ( Attorneys for Duke Plaintiff-Intervenors 3

4 Case 1:13-cv TDS-JEP Document 463 Filed 10/01/16 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on October 1, 2016, I electronically filed the foregoing NOTICE OF FILING, using the CM/ECF system in case numbers 1:13-cv-658, 1:13-cv-660, and 1:13-cv-861, which will send notification of such filing to all counsel of record. /s/ Edwin M. Speas, Jr. Edwin M. Speas, Jr. 4

5 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., Plaintiffs-Intervenors, THE STATE OF NORTH CAROLINA, et al., Defendants. UNITED STATES OF AMERICA, THE STATE OF NORTH CAROLINA, et al., Defendants. Case No.: 1:13-CV-658 Case No.: 1:13-CV-660 Case No.: 1:13-CV-861

6 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 2 of 4 DECLARATION OF WILLARD BASS Pursuant to 20 U.S.C. 1746, I, Willard Bass, declare as follows: 1. My name is Willard Bass. I am over the age of 18, have personal knowledge of the facts stated in this declaration, and can competently testify to their truth. 2. I am a U.S. citizen and a resident of Winston-Salem, North Carolina. I am a registered voter in Forsyth County, and I am African American. 3. I am the founder of the Institute for Dismantling Racism, a non-profit organization that advocates to end disparities, embrace diversity, and practice collaborative efforts of compassion and justice. I recently finished a term as the president of the Minister s Conference, a fellowship of churches that marshals organizational resources and networks to promote social, economic and educational change in our communities. I also serve as the Associate pastor at Green Street United Methodist Church in Winston-Salem. 4. In all of my professional roles, I have been an advocate for civic engagement and political participation, working to increase voter turnout in my congregation and throughout the Winston-Salem community. One of the key ways I have worked to do this is by organizing souls to the polls efforts in Winston-Salem. Souls to the polls is a coordinated effort by local churches, synagogues, and other houses of faith to rally together and encourage their congregants to vote. It is not limited to any one denominational body, but is instead a diverse collection of faith communities. The event is thoroughly nonpartisan; we never tell people how to vote, but we organize a means for everyone to get themselves to the polls and make their voices heard. Churches and other faith communities who participate in souls to the polls in Forsyth County are predominately African American. 2

7 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 3 of 4 5. In 2012, Forsyth County offered early voting on Sunday in advance of the general election. That year, I was heavily involved with organizing and directing souls to the polls on the Sunday that the polls were open. Dozens of churches participated across Forsyth County and hundreds more across the State of North Carolina. At each participating church, including my own, pastors spoke to their congregations about the importance of civic engagement, encouraging them to exercise their right to vote. Then, those members of the congregation who wanted to vote went to the polls together, many in church vans that we had arranged to assist those who did not have their own transportation or who had physical challenges that made it difficult to get to the polls. The event was very successful and many members of congregations across the county were able to vote that Sunday. In addition to helping people vote, the support for voting from the churches helped build trust and confidence in the voting process among the faith community. The entire day had a festive atmosphere of patriotism and community spirit, and it was really a special day for us. 6. When I learned that the Forsyth County Board of Elections had decided to eliminate Sunday voting during the 2016 general election, I was incredibly disappointed. While we are determined to still hold an event encouraging people to vote on the Saturday of early voting, there are disadvantages to holding the event on Saturday. Most importantly, it will be difficult to get the same turnout for the event because on Sunday, people had already planned to attend church, and were gathered in one place, which is what made souls to the polls convenient in the first place. Now, people will have to make a separate trip. Additionally, many people work on Saturdays, run errands, or have family obligations like children s sporting events, so Saturday is simply a harder day to organize a large gathering of people. 7. Based on my involvement with souls to the polls in 2012, I believe that the elimination of Sunday early voting will especially impact the African American 3

8 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 4 of 4 community in Forsyth County. Sunday souls to the polls was a cherished community event that increased voter turnout among African Americans in particular. I declare under penalty of perjury that the foregoing is true and correct. DATED: September 27, 2016 By: Re Willard W. Bass, Jr. 4

9 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. ~~~~~~~~~~- LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., Plaintiffs-Intervenors, THE STATE OF NORTH CAROLINA, et al., ~ Defendants. ~~~~~~~~~~~~~~~ UNITED STATES OF AMERICA, V. THE STATE OF NORTH CAROLINA, et al., Defendants. ~~~~~~~~~~~~~~~ Case No.: 1:13-CV-658 Case No.: 1:13-CV-660 Case No.: 1:13-CV-861

10 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 2 of 4 Pursuant to 20 U.S.C. 1746, I, Angela Bryant, declare as follows: 1. My name is Angela Bryant. I am over the age of 18, have personal knowledge of the facts stated in this declaration, and can competently testify to their truth. 2. I am a U.S. citizen and a resident of Rocky Mount, North Carolina. I am a State Senator and represent State Senate District 4 in the North Carolina General Assembly. District 4 spans Halifax, Vance, Warren, Wilson, and Nash Counties. I am African American. 3. My district includes Rocky Mount, a predominately African-American community in Nash County. There are 65,287 registered voters in Nash County, and of those, 27,668 (42% are registered within the City of Rocky Mount. Of the voters in Rocky Mount, 14,563 (53% are African American. Many of my constituents in Rocky Mount, particularly in the downtown area, do not have cars and instead rely on public transportation. 4. One-stop early voting is popular in Rocky Mount, particularly among African-American voters. In the 2012 general election, 71 % of registered African American voters in Rocky Mount voted during the early voting period. Many voters in Rocky Mount voted at a centrally located site within easy walking distance from downtown Rocky Mount. 5. Because the turnout at the Rocky Mount location was so high in 2012, I advocated strongly for a centrally-located Rocky Mount location to be open during the entire 17-day voting period for the 2016 election, as it was in the 2012 election. In 2016, the Rocky Mount polling site will be placed at the Braswell Library, a central and wellknown community landmark. While the Braswell Library is a good polling location because it is a longstanding and well-known voting site, it is a fairly small space and 2

11 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 3 of 4 lacks the capacity to handle large amounts of voters at once. If the site were open for the entire 17-day period, however, voters would be spaced out over the early voting period and the facility would have the capacity to handle the voters. 6. Unfortunately, the Republican members of the Nash County Board of Elections ("CBOE" promulgated a plan, later approved by the State Board of Elections ("SBOE", that limits the first 7 days of early voting in Nash County to only one site at the County Board of Elections Office ("CBOE office". The CBOE office is located in the smaller and predominately white City of Nashville, which is over ten miles from downtown Rocky Mount-a fifteen-minute drive assuming no traffic. Many Rocky Mount voters rely exclusively on public transportation and rides from family and friends who are working, and traveling to the CBOE office is simply not feasible for them. 7. Although I was unable to attend the meeting of the Nash CBOE when the board discussed this revised early voting plan, I have attended CBOE meetings in the past and have always spoken out in favor of adding voting options in Rocky Mount. More recently, I have communicated to a CBOE member about the difficulties that the proposed revised plan imposes on my constituents in Rocky Mount, and have emphasized that the Braswell Library will have long lines during the final 10 days of the early voting period. The proposed plan effectively compresses the early voting period in (predominately African American Rocky Mount to just 10 days, in contrast to the full 17 days of convenient voting afforded the (predominantly white population surrounding the Nashville location. 8. I am very concerned about the lack of an accessible early voting site in Rocky Mount during the first 7 days of early voting. Many Rocky Mount voters will not be able to access the CBOE office location during the first 7 days of early voting and will instead have to wait until the final 10 days prior to the election to begin voting. If

12 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 4 of 4 early voting patterns hold steady for Rocky Mount in 2016, the number of voters during the last 10 days of early voting could unnecessarily overwhelm the Braswell Libraryeven though the lines that will result could be prevented simply by providing people with an additional 7 days to vote at that facility. These lines will impose heavy burdens on many Rocky Mount voters and disenfranchise others altogether when they are unable to wait in line because of work schedules, family commitments, or health reasons. 9. I find this situation particularly frustrating because the burdens that the Nash CBOE and the SBOE are imposing on voters in Rocky Mount are entirely foreseeable. The data that was before the Nash CBOE and the SBOE show that Rocky Mount is a heavily African-American community and needs an early voting site throughout the entire 17-day early voting period. Faced with this data, there was no reason-aside from a desire to make it harder for African Americans to vote-to limit voting options in Rocky Mount. I declare under penalty of perjury that the foregoing is true and correct. DATED~/24/16, By:~R~ Senator Angela Bryant 4

13 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. ~~~~~~~~~~~~~~~ LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., V. Plaintiffs-Intervenors, THE STATE OF NORTH CAROLINA, et al., ~ Defendants. ~~~~~~~~~~~~~~~ UNITED STATES OF AMERICA, THE STATE OF NORTH CAROLINA, et al., Defendants. ~~~~~~~~~~~~~~~ Case No.: 1: 13-CV-658 Case No.: 1:13-CV-660 Case No.: 1:13-CV-861

14 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 2 of 6 DECLARATION OF FLEMING EL-AMIN Pursuant to 28 U.S.C. 1746, I, Fleming El-Amin, declare as follows: 1. My name is Fleming El-Amin. I am over the age of 18, have personal knowledge of the facts stated in this declaration and can competently testify to their truth. 2. I am a U.S. citizen and a registered voter in Forsyth County, North Carolina. I am a retired educator and banker and have spent over 26 years working with young North Carolinians. In 2013, I began a term as a member of the Forsyth County Board of Elections ("CBOE". As a registered Democrat, I am considered the "minority" member of the CBOE. Prior to joining the CBOE, I was also involved in Forsyth elections, serving as a Precinct Chairman as well as Chairman of Forsyth County Democrats. Over the years, I have talked to and interacted with thousands of voters. 3. In my role as a CBOE member, I attend all meetings of the CBOE and, along with the majority members of the board, make decisions about Forsyth's voting plan each election. After the Fourth Circuit's decision in NAACP McCrory, the CBOE met to decide on a seventeen early voting plan. We held two meetings. During the first meeting, the majority members promoted a plan that included only fifteen early vote centers during the last ten days of early voting; one early voting location during the first week of early voting; and eliminated Sunday voting hours. In particular, it did not offer any voting on Winston-Salem State University's (" WSSU" campus. At that time, I made it clear to the majority members that I would not be able to vote for a plan that restricted voting to that degree and, at a minimum, did not open up more locations. The majority member wanted to try to reach a unanimous plan so we tabled any vote and decided to reconvene later. 4. On August 11, 2016, the CBOE met again and adopted the one-stop early voting plan for Forsyth County for the 2016 general election. When we arrived at the

15 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 3 of 6 meeting the Chair told us that there were five options on the table: ( 1 we could expand the 10 day plan that we already had in place, which provided for voting in at least 15 locations for the full seventeen days; (2 we could maintain the same plan we had now and add the CBOE for the first seven days; (3 create an entirely new plan; (4 adopt an early voting plan at the CBOE office with extended evening and weekend hours; or (5 take no action, meaning that the CBOE office would become the default early voting location. The Chair continued to advocate for the same majority plan that had previously been proposed, but I would not agree to it without modifications. I proposed reinstating Sunday voting, adding an early voting site at WSSU or adding two other minority sites, and providing expanded voting hours. 5. The meeting room was packed with many community leaders, elected officials, and student advocates. At least 25 people spoke at the meeting, with almost all of them advocating for expanded voting opportunities consistent with my proposal. Many community members publically commented on the importance of Sunday voting in Forsyth County for the African-American community. In 2012, almost 60% of the voters who voted on Sunday were African American. Further, many local churches, most of which have predominantly African American congregations, organized robust "souls to the polls" programs, through which pastors encouraged their congregations to go and vote, and then provided transportation to the polls after services. Individuals at the meeting testified about the success of these programs and the importance of "souls to the polls" and Sunday voting for many voters who do not have ready access to transportation and might not be able to vote without assistance. Nevertheless, despite this testimony, the majority would not agree to Sunday voting hours and I was forced to compromise to ensure that other key early voting needs-such as Saturday hours and more early voting locations-would not be cut as well. 6. Community members also advocated for a better distribution of early 3

16 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 4 of 6 voting centers, one that accurately reflected the layout of the population in Forsyth and that would cut down on lines during the early voting period. In 2012, there were long lines on the first day of early voting, when only one voting location was offered, and many people were forced to wait in line for at least two hours to vote. 7. Additionally, numerous students from WSSU, community members, and I advocated for an early voting center on the WSSU campus, the Anderson Center. The Anderson Center has served as an early voting location in past elections, is widely used, well located, and in walking distance for many students and easily accessible to the community. In particular, it is important that WSSU students have a voting site that is within walking distance as many of them do not have cars on campus and, further, often have somewhat erratic schedules due to the balance of class and hourly jobs that do not provide for paid leave. At the meeting students not only told their own stories, but presented facts about the more than one thousand WSSU students who had signed a petition for a voting location on campus and who used the location to vote. 8. Although I, as well as the Forsyth community, fought hard for these expanded voting opportunities, it was clear that the majority members of the CBOE would not agree to any of them. In large part, they did not provide any reasons for their resistance. While there was some mention of eliminating Sunday voting so that it did not interfere with church, that reason did not hold water given that Sunday voting has always taken place after church services. Further, there were allusions to eliminating the Anderson Center as an early voting location due to professors encouraging students to vote by offering them extra credit; however, no proof of these incidents was ever presented. Even if there had been a verified incident, it does not necessarily follow that closing the voting site altogether, thus depriving students and the surrounding community of access to the polls, would be an appropriate remedy. There was no justification for limiting early voting only to one location during the first week, and the majority members 4

17 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 5 of 6 did not address the possibility of lines. 9. Accordingly, in order to ensure that we had a plan that might at least allow for some expanded voting opportunities, rather than risk losing on all fronts, I was forced to compromise on each of these aspects of the early voting plan. In particular, while I agreed not to have Sunday voting or additional locations during the first week, I was able to secure two new minority voting sites-the Sprague Center and St. Paul's Methodist Church. Additionally, I asked that the Anderson Center be considered as an Election Day voting location so that the WSSU students, most of whom are African American, and the surrounding community, which is predominantly African American, would have at least one accessible voting location during the 2016 election. The majority agreed to consider it. 10. While I do think that the Forsyth early voting plan will be adequate for some sectors of Forsyth' s population, I am concerned that there are some sectorsparticularly the young, predominantly African-American voters at WSSU-that will be deeply underserved this election season. Moreover, since the August 11th meeting, the Board has met repeatedly and still continues to refuse the Anderson Center as even an Election Day location. This is despite clear evidence and statistics submitted about the heavy use of the center; the extreme difficulty of traveling to the replacement center both due to normal impediments for students as well as on-going construction that makes accessing roadways difficult; and the general need for accessibility for student voters. 5

18 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 6 of 6 I declare under penalty of perjury that the foregoing is true and correct. DATEfl~P 3 o, 2016, 2016 rt.e;,.,/..,f ~t.-1/h-./.., By: f Fleming El-Amin 6

19 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. ~~~~~~~~~~ LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., P laintiffs-intervenors, THE STATE OF NORTH CAROLINA, et al., ~ Defendants. ~~~~~~~~~~~~~~~ UNITED STATES OF AMERICA, THE STATE OF NORTH CAROLINA, et al., Defendants. ~~~~~~~~~~~~~~~ Case No.: 1:13-CV-658 Case No.: 1:13-CV-660 Case No.: 1:13-CV-861

20 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 2 of 5 DECLARATION OF JEMMA JOHNSON Pursuant to 20 U.S.C. 1746, I, Jemma Johnson, declare as follows: 1. My name is Jemma Johnson. I have personal knowledge of the facts stated in this declaration, and can competently testify to their truth. 2. I am a U.S. citizen and a resident of Winston-Salem, North Carolina. I am a registered voter in Forsyth County. I am 19 years old, and I am currently a sophomore at Winston-Salem State University ("WSSU", a historically African American university of about 6,500 students. 3. I am majoring in political science and history, and my studies have made me more aware of how citizens interact with the political systems in their communities. I am very excited to vote in my fist presidential election in November. There is so much at stake for our county in this election, and I feel passionate about voting and doing what I can to ensure that my fell ow students also tum out to vote. 4. Since I arrived on campus, I have become active in the political life of the WSSU community. I have vocally supported having a one-stop early voting site at the Anderson Center on the WSSU campus for the upcoming 2016 general election. As a college student myself, I know how important it is for young adult to develop the lifelong habit of being involved in their communities. I am a passionate advocate for sufficient opportunities for WSSU students to vote. 5. As part of my advocacy, I have attended several meetings of the Forsyth County Board of Elections ("CBOE" to speak on behalf of WSSU students, and I have explained to the CBOE why we think it is crucial for WSSU to have an on-campus polling location in the upcoming general election. Most importantly, the Anderson Center is a much more accessible location than Reynolds Park, the early voting location selected by the CBOE that is closest to campus. Reynolds Park is located nearly a mile from 2

21 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 3 of 5 campus along busy roads. On foot, the total trip to and from the location takes at least one hour (not counting the time needed to vote, and only part of the route even has sidewalks available for walking. Even if a large number of students are able to walk to and from the location to vote, it is dangerous to have pedestrians walking along the route. Having a walkable voting location is very important to students at WSSU because most students do not have cars on campus. In fact, freshman are not even permitted to have a car on campus. Without a voting location on campus, it will be difficult for many WSSU students to vote, and I expect that many will not vote at all. 6. Aside from transportation difficulties, students like me have other obstacles to voting. Like many college students, I have class at irregular intervals throughout the day. Many students also work hourly jobs, and often have extracurricular events scheduled at the last minute. All of these factors contribute to a slightly erratic schedule which can make it more difficult for students like me to vote if the location is not easily accessible. 7. The Anderson Center would not only address these barriers for students, but it would also serve the surrounding community of East Winston-Salem. The Anderson Center is centrally located in a pedestrian-friendly area, so it is easily walkable for members of the local community. East Winston-Salem is a predominately African American and low-income community and many people lack reliable transportation, which makes having a walkable location particularly important. 8. Many WSSU students and local community members have supported the effort to bring a polling location to the Anderson Center. The Student Government Association at WSSU circulated a petition that was signed by over one-thousand people. A representative of the Student Government Association informed the CBOE of the petition and invited them to review it. A true and correct copy of the electronic petition and the comments included with it are attached to this declaration as Attachment A. I 3

22 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 4 of 5 myself have recently begun circulating a second petition, which is currently moving through the campus community and garnering support. 9. I am frustrated that the CBOE has not given sufficient reasons for its refusal to place a polling location on the WSSU campus. While the minority member of the CBOE has been very supportive, the two majority members of the CBOE have opposed our efforts to bring a polling location to the Anderson Center at every tum. Their sole justification for opposing the use of the Anderson Center were allegations of "election fraud" during the 20 I 0 election. Even if the allegations were true, the CBOE have never explained why an isolated event that occurred long before the current students at WSSU were on campus is sufficient justification to deny voting opportunities to current WSSU students or local community members who were not involved in the event. I 0. When the CBOE refused to place an early voting site at the Anderson Center, I was very disappointed. I turned my attention to advocating for the Anderson Center to be used as a polling location on election day. Nonetheless, the CBOE rejected that measure as well. Under the current plan, WSSU and the entire East Winston-Salem community not only have no easily accessible voting site for the early voting period, but now we also have no easily accessible voting site for Election Day. 11. As a college student experiencing my first presidential election, it has been upsetting for me to witness partisan and racial politics at play in Forsyth County. There is simply no reason other than suppressing our ability to vote that the CBOE would want to deprive the WSSU community and the surrounding neighborhoods of an easily accessible voting location. 4

23 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 5 of 5 I declare under penalty of perjury that the foregoing is true and correct. DATED~ep , 2016 BJ_ e~ ~l-1'se J o/.,.,:so-. lemma Johnson 5

24 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. ~~~~~~~~~~- LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., V. Plaintiffs-Intervenors, THE STATE OF NORTH CAROLINA, et al., ~ Defendants. ~~~~~~~~~~- UNITED STATES OF AMERICA, THE STATE OF NORTH CAROLINA, et al., Defendants. ~~~~~~~~~~- Case No.: 1:13-CV-658 Case No.: 1: 13-CV-660 Case No.: 1:13-CV-861

25 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 2 of 6 DECLARATION OF DEBORAH MAXWELL Pursuant to 20 U.S.C. 1746, I, Deborah Maxwell, declare as follows: 1. My name is Deborah Maxwell. I am over the age of 18, have personal knowledge of the facts stated in this declaration, and can competently testify to their truth. 2. I am a U.S. citizen and a registered voter in New Hanover County, North Carolina. I am African American, and I am a community activist and advocate for equality of opportunity for African Americans. 3. Through my advocacy work, I have worked hard to expand voting options in New Hanover County to ensure that all citizens, and particularly African Americans, have an equal opportunity to vote. 4. I regularly attend public meetings of the New Hanover County Board of Elections ("CBOE". I attended the CBOE meeting on August 18, 2016, during which the CBOE debated and voted upon the one-stop early voting plan for New Hanover County for the upcoming 2016 general election. Hundreds of people attended the meeting to advocate in favor of expanded early voting options. The crowd became raucous at times when it became clear that the CBOE was reluctant to provide sufficient voting options. 5. At that meeting, the Republican members of the CBOE proposed an early voting plan that only provided for early voting locations to be open during "banker's hours" from 9 a.m. to 5 p.m. on weekdays. Their proposal only offered limited Saturday options, and no Sunday options to vote. I was frustrated that a plan with such limited voting hours had been proposed. 6. Like many other citizens of New Hanover County, my work schedule prevents me from voting during the week during "banker's hours." I work Monday through Friday from 8:30 a.m. to 5 p.m. in a neighboring county, and cannot take off

26 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 3 of 6 work to get to my polling place. Because Election Day is always during the work week on a Tuesday, I depend on the availability of evening or weekend early voting to ensure that I can vote. Through my advocacy work, I know that many of New Hanover's voters, especially New Hanover's African-American voters, experience the same work-related time constraints that I do. It is important for New Hanover County to offer more evening and weekend options for voting to ensure that these citizens are able to cast their vote. Because of that, I spoke publicly at the meeting to urge the CBOE to expand weekend and evening voting options. 7. At the meeting, the minority member of the CBOE, Tom Pollard, advocated for expanded evening hours; however, the majority members refused to add hours beyond 5 p.m. The only reason that they offered to the public was that New Hanover County had not offered evening hours during the 2012 election. I was discouraged by this justification, as there were lines at some locations on election day in 2012, at least partly due to the fact that voters did not have sufficient options to vote early. In 2016, many voters continue to work multiple jobs and long hours; a refusal to provide sufficient time to vote early on evenings and weekends is a refusal to acknowledge the economic realities facing working Americans and to provide them with an equal opportunity to vote. 8. Additionally, I was very concerned that the majority plan eliminated Sunday voting. I personally have advocated for Sunday voting in New Hanover County for several years. In the March 2016 primary, the County offered Sunday voting and had great success. I personally worked with local churches and community partners to organize "souls to the polls," an event in which local churches encourage their congregants to vote after the conclusion of services. Many churches organized church vans and other transportation to transport congregants directly to the polls, which made it much easier for these citizens to vote. In many cases, voting may not have been otherwise 3

27 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 4 of 6 possible for many of their members because of otherwise limited access to transportation or other physical limitations. The effort was diverse and was not limited to any particular community or even one faith, but the event was particularly concentrated among the African-American community in New Hanover. I was proud of how successful "souls to the polls" was in March and was pleased to see how many voters benefited from the expanded access for early voting. 9. The statistics presented by the CBOE minority member at the August 18 meeting showed that Sunday voting was very popular among African-American voters, who were far more likely to vote on a Sunday than white voters. African-American voters made up 44% of those who voted on Sunday, even though they account for only 13% of registered voters in New Hanover County. More than 12% of all African-American early voters voted on Sunday, as compared to only 2% of white voters. 10. At the August 18 CBOE meeting, I spoke publicly to advocate for Sunday voting to be available in the upcoming general election, as it was in March. Although I emphasized the importance of Sunday voting for all voters in New Hanover County, I also discussed how popular Sunday voting was among the African-American community and how successful "souls to the polls" had been among African-American voters. While the minority CBOE member was in agreement, the two majority members of the CBOE refused to continue Sunday voting. 11. The reasons given by the majority board members for eliminating Sunday voting were not believable. One of the reasons they said they did not want Sunday voting hours was because they said that Sunday was "too expensive" to implement. But the minority member, Tom Pollard, pointed to data that showed that Sunday voting was the second-lowest cost per voter day of any day during the entire March early voting period. The majority board members also stated that Sunday voting is not appropriate because Sunday is a "sacred day." I was uncomfortable with this reason because I feel that it 4

28 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 5 of 6 preferences certain religions. A Seventh-Day Adventist pointed this out to the CBOE, telling them that Saturday is the sacred day in his religion, not Sunday. Also, the same CBOE members permitted early voting on Sunday during the primary, so their positions were inconsistent. 12. In the end, despite my advocacy and opposition from the hundreds of community members in attendance, the majority members of the CBOE voted to approve the majority plan, which eliminated Sunday voting altogether and did not offer evening hours. 13. It is my understanding that on September 8, 2016, the North Carolina State Board of Elections ("SBOE" approved the plan after modifying it slightly to include additional evening hours on the Thursday and Friday immediately prior to the election. The SBOE did not include Sunday voting in its modifications. 14. While I was thankful that the voters of New Hanover County would at least have some additional evening options, I remain concerned that the lack of Sunday voting will burden voters who rely on weekend hours to exercise their right to vote. In particular, the demonstrated popularity of Sunday voting among African American voters in March 2016, a fact which both the CBOE and SBOE knew when making their determinations, makes me concerned that the early voting plan adopted by the SBOE does not offer an equal voting opportunity to all citizens of New Hanover County regardless of race. 5

29 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 6 of 6 I declare under penalty of perjury that the foregoing is true and correct. DATED:Sep 30, 2016, 2016 By::Oe o.-eaf /-f t:lxj..let.t. Deborah Maxwell 6

30 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE D~STRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PA TRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. ~~~~~~~~~~~ LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., Plaintiffs-Intervenors, THE STATE OF NORTH CAROLINA, et al., ~ Defendants. ~~~~~~~~~~- UNITED STATES OF AMERICA, THE STATE OF NORTH CAROLINA, et al., Defendants. ~~~~~~~~~~~ Case No.: 1:13-CV-658 Case No.: 1: 13-CV-660 Case No.: 1:13-CV-861

31 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 2 of 6 DECLARATION OF THOMAS C. POLLARD Pursuant to 20 U.S.C. 1746, I, Thomas C. Pollard, declare as follows: 1. My name is Thomas C. Pollard. I am over the age of 18, have personal knowledge of the facts stated in this declaration based on attendance at various meetings, independent research and review of voting records applicable to New Hanover County, North Carolina, and can competently testify to their truth. 2. I am a U.S. citizen and a registered voter in New Hanover County, North Carolina. Although I am retired, I spent most of my career as City Attorney for the City of Wilmington, North Carolina. In 2015, I began a term as a member of the New Hanover County Board of Elections ("CBOE". As a registered Democrat, I am considered the "minority'' member of the CBOE. 3. In my role as a CBOE member, I attend all meetings of the CBOE and, along with the majority members of the board, make decisions about New Hanover's voting scheme each election. On August 18, 2016, the CBOE debated and voted upon the one-stop early voting plan for New Hanover County for the upcoming 2016 general election. I was in attendance at the meeting, and proposed a one-stop early voting plan for the CBOE's consideration. 4. Although my proposed plan was similar to the majority plan in most respects because it provided for the same locations and a similar overall number of hours, there wer.e a few key differences. Specifically, my plan included expanded evening and weekend hours, and provided for two afternoons of Sunday voting. I included these differences because it is important to provide options to make early voting accessible to all voters. Evening and weekend hours are a crucial element of accessibility because the work schedules of many voters limit their ability to make it to a polling location between the hours of 9 a.m. and 5 p.m., as the majority plan required. In addition, some voters in New Hanover County have limited access to transportation and are unable to get to a 2

32 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 3 of 6 polling location by 5 p.m. 5. At theaugust 18, 2016 CBOE meeting, many members of the community spoke in support of expanded voting hours during the early voting period. In particular, many voters stated how important Sunday.voting was to the community and how successful it was in the March 2016 primary election. 6. According to data kept by the CBOE, during the March 2016 primary, 76.5 votes were cast per hour on Sunday during the March primary, the second-highest number of votes per hour on any day of early voting during that election. This meant that Sunday was a highly cost-effective day for election administrators. Further, Sunday voting was particularly popular among African American voters and was crucial to helping them vote. Over 44% of Sunday voters were African American, despite the fact that African Americans constitute only 13% of registered voters in New Hanover County. Additionally, 12% of all African American early voters voted on that Sunday, as compared with just 2 % of Caucasian early voters. I discussed all of the data about African American turnout with the majority members of the CBOE before we voted on our final one-stop early voting plan for the 2016 general election. 7. Several members of the community also spoke at the August 18, 2016 CBOE meeting about the importance of Sunday voting to the African American community. In particular, at least one African American speaker told the CBOE that a "souls to the polls" event had_been organized for the March 2016 primary. This individual spoke of how successful the "souls to the polls" effort had been, and asked the CBOE to continue offering Sunday voting so "souls to the polls" efforts could be continued during the 2016 general election. 8. Despite overwhelming support from the community and clear data supporting Sunday voting, the. majority members of the CBOE voted to approve the majority plan, which eliminated Sunday voting altogether and did not off er evening hours. 3

33 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 4 of 6 9. In support of their plan, the majority members of the CBOE argued that their proposed plan was adequate because it was identical to the early voting options that were available in New Hanover County in the 2012 general election. I objected to this argument for two primary reasons: New Hanover County has a growing and diverse population and Sunday voting had been successfully implemented in March. 10. First, New Hanover County has experienced population growth since the 2012 election. As of the August 18 meeting, voting records showed that there were approximately 2,300 more voters on the registration rolls than there had been at the time of the 2012 general election. The New Hanover County Elections Director expects those numbers to increase as voter registration surges in advance of the approaching election. In addition, while 60,259 votes were cast during the 2012 early voting period, the Elections Director estimates that over 67,000 votes will be cast during early voting in Second, as discussed previously, Sunday voting had been introduced in the March primary election and had been a popular and cost-effective day of voting. To me, it seemed axiomatic to continue implementing a voting plan that had been successful in the recent past. 12. For all these reasons, I do not believe that the 2012 plan will be sufficient to accommodate the County's voters in Accordingly, I submitted my proposed minority plan to the North Carolina State Board of Elections ("SBOE" in the hopes that it would approve my plan instead of the majority plan, ensuring that all of New Hanover's voters would have the ability to vote early in the 2016 election and that lines on Election Day would be reduced. A copy of my submission to SBOE, including my proposed minority plan, is attached to this declaration as Attachment A. 13. On September 8, 2016, the SBOE held a hearing to vote upon contested early vote plans submitted by various counties across North Carolina, including New Hanover County. I attended to explain my plan to the SBOE and advocate for its 4

34 adoption. 14. At the SBOE hearing, I was represented by Press Millen from Womble Carlyle Sandridge & Rice LLP. On my behalf, Mr. Millen spoke to the SBOE to adv9cate for the minority plan that I proposed. Mr. Millen emphasized that Sunday voting had been disproportionately used in the African American community and how important it is for working voters to have weekend and evening voting options. He also advised the SBOE that over 80 percent of New Hanover County voters live in precincts with more than 3,000 voters, and the County encourages early voting to avoid lines and delays on election day. I also spoke briefly on behalf of my plan, explaining the important data that supported the adoption of my proposed plan. 15. Derek Bowens, the Elections Director for the New Hanover County Board of Elections, also was present to answer questions of the SBOE. He acknowledged that there were more registered voters in 2016 compared to 2012, and that the number was likely to increase as the election approaches. 16. When the SBOE asked him what percentage of voters used straight-ticket voting in 2012, Mr. Bowens stated that he did not know, but said that it could take as much as 50% longer per voter to cast a ballot item-by-item rather than using straightticket voting. Further, Mr. Bowens stated that there had been long lines at a couple of polling locations during recent elections in New Hanover County. 17. Despite the clear evidence that the 2012 plan would offer insufficient options for the voters of New Hanover County in 201'6, the SBOE voted 4~1 to adopt the majority plan with one small modification-allowing for two additional hours of voting at all sites on the last Thursday and Friday prior to the election While I was pleased that the voters of New Hanover County would at least have some evening options, I believe that the lack of Sunday voting will place a burden on voters who used it earlier this year. In particular, the demonstrated popularity of Sunday voting among African American voters makes me concerned that the early voting 5

35 plan adopted by the SBOE does not offer an equal voting opportunity to all citizens of New Hanover County. The CBOE's failure to offer any meaningful reason to cut Sunday voting, when it was successful in the March primary, is troubling. Voting is a fundamental right, and as CBOE member I consider it my duty to ensure that all citizens of New Hanover County have an appropriate opportunity to vote. I am disappoirited that, in this election, we have fallen somewhat short of that promise. I declare under penalty of perjury that the for~going is true and correct. DATEDSep 26, 2016, 2016 B r/o;1,,as C. PoaaA.d y: Thomas C. Pollard 6

36 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE OF THE NAACP, et al., PATRICK LLOYD MCCRORY, in his official capacity as the Governor of North Carolina, et al., Defendants. ~~~~~~~~~~- LEAGUE OF WOMEN VOTERS OF NORTH CAROLINA, et al., and LOUIS M. DUKE, et al., Plaintiffs-Intervenors, THE STATE OF NORTH CAROLINA, et al., ~ Defendants. ~~~~~~~~~~~~~~~ UNITED STATES OF AMERICA, THE STATE OF NORTH CAROLINA, et al., Defendants. ~~~~~~~~~~~~~~~ Case No.: 1:13-CV-658 Case No.: 1:13-CV-660 Case No.: 1:13-CV-861

37 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 2 of 4 DECLARATION OF RICHARD POOLE Pursuant to 20 U.S.C. 1746, I, Richard Poole, declare as follows: 1. My name is Richard Poole. I am over the age of 18, have personal knowledge of the facts stated in this declaration, and can competently testify to their truth. 2. I am a U.S. citizen and a registered voter in New Hanover County, North Carolina. I spent my career as a federal prosecutor at the Justice Department before retiring to New Hanover in 2008 to open a part-time law practice. 3. Upon retirement in 2008, I began serving as a volunteer organizer for the Obama campaign in New Hanover County. I also volunteered in that role in As an organizer, I served as a poll observer for the campaign and monitored lines at polling locations. In 2013, I was elected Chair of the New Hanover County Democratic Party, a position I hold currently. As Chair I regularly work to register voters, increase voter turnout, and educate New Hanover County citizens about the voting process. It is important to try to reach all voters, not just those of a particular party, as I believe that all citizens should participate in the political process. I have engaged in these "get out the vote" efforts as recently as the March 2016 primary, and remain very involved in these efforts in the lead-up to the 2016 general election. 4. During the March 2016 primary election, New Hanover County offered Sunday voting in response to repeated requests from the community reaching back at least four years. By all accounts it was a success. Hundreds of voters took advantage of the opportunity to vote on a Sunday, with Sunday boasting the second-highest number of voters per hour during the entire early vote period. 5. While all voters in New Hanover County benefited from Sunday voting, it was particularly heavily used by members of New Hanover County's African American 2

38 Case 1:13-cv TDS-JEP Document Filed 10/01/16 Page 3 of 4 community. Many local churches and community organizations have worked hard to organize "souls to the polls" events. During "souls to the polls," churches often combine a non-partisan Sunday service celebrating democracy and voting with an organized effort to get their congregations to the polls after the service. To that end, many churches organize carpools or use church vans to transport voters to polling sites to ensure that everyone has an opportunity to vote. I learned that these events and the provision of rides were critical for many church members with physical disabilities or a lack of transportation. Because of the success of Sunday voting in the March 2016 primary, I expected, as did others in the community, that Sunday voting would again be available for the 2016 general election. 6. As Chair of the New Hanover County Democrats, I regularly attend meetings of the New Hanover County Board of Elections ("CBOE". This year I attended all public meetings in which the CBOE considered the one-stop early voting plan for New Hanover County for the upcoming 2016 general election. 7. At those meetings, I urged the CBOE to continue to offer the successful option of Sunday voting in the 2016 general election. I was joined by many other members of the New Hanover County community. Thirty-one people spoke at a CBOE meeting in July, and twenty-seven more spoke at a second meeting in August. Speakers at both meetings spoke overwhelmingly in favor of Sunday voting, explaining to the CBOE how successful that voting day was generally as well as how critical it is for the African American population in New Hanover County. 8. Many members of the African American community urged the CBOE to include Sunday voting. The Democratic member of the CBOE, Tom Pollard, supported a plan that included Sunday voting. Despite that advocacy, the majority members of the SBOE voted to deny Sunday voting hours for the 2016 general election. 3