Case: 1:12-cv SJD Doc #: 29 Filed: 10/31/12 Page: 1 of 3 PAGEID #: 518

Transcription

1 Case 112-cv SJD Doc # 29 Filed 10/31/12 Page 1 of 3 PAGEID # 518 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION FAIR ELECTIONS OHIO, et al., vs. Plaintiffs, JON HUSTED, in his official capacity as Secretary of State of Ohio, et al., Defendants, Case No. 112-cv-797 Chief Judge Susan J. Dlott Magistrate Judge Stephanie K. Bowman PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY Plaintiffs submit the attached exhibit as supplemental authority that did not exist when Plaintiffs post-trial brief was filed. See generally Grizzell v. City of Columbus, Division of Police, 2003 WL , at *1 n.1 (S.D. Ohio 2003) (noting that the submission of supplemental authority is a best practice when there is additional authority that has become pertinent after briefing otherwise permitted by the rules is closed ). The attached exhibit is a directive from Defendant Husted giving County Defendants less than 24 hours to process newlyreceived voter registration records and giving County Defendants one day to resolve duplicates, mail voter registration acknowledgements, and review rejected absentee ballot applications. Ohio Secretary of State, Directive , Oct. 29, This authority supports Plaintiffs argument that County Defendants will not be excessively burdened by changes to voting procedures necessitated by a temporary restraining order. (See Memorandum in Support of Temporary Restraining Order at 10; Plaintiffs Post-Hearing Brief at ) This exhibit is an appropriate subject of judicial notice. See Fed. R. Evid

2 Case 112-cv SJD Doc # 29 Filed 10/31/12 Page 2 of 3 PAGEID # 519 Respectfully submitted, /s/ David A. Singleton DAVID A. SINGLETON, trial attorney ( ) NGOZI V. NDULUE, appearing pro hac vice ( ) PAMELA H. THURSTON ( ) Ohio Justice & Policy Center 215 E. 9th Street, Suite 601 Cincinnati, Ohio ext (fax) dsingleton@ohiojpc.org nndulue@ohiojpc.org phthurston@ohiojpc.org PATRICK M. QUINN ( ) Brunner Quinn 35 North Fourth Street Suite 200 Columbus, Ohio (614) Phone (614) Fax pmq@brunnerlaw.com 2

3 Case 112-cv SJD Doc # 29 Filed 10/31/12 Page 3 of 3 PAGEID # 520 CERTIFICATE OF SERVICE I certify that on October 31, 2012, a copy of the foregoing Notice of Supplemental Authorities was filed electronically. Parties may access this document through the electronic filing system. /s/ David A. Singleton DAVID A. SINGLETON 3

4 Case 112-cv SJD Doc # 29-1 Filed 10/31/12 Page 1 of 2 PAGEID # 521 DIRECTIVE October 29, 2012 To Re All County Boards of Elections Directors, Deputy Directors, and Board Members Additional Valid Changes of Address Submitted by the Bureau of Motor Vehicles (BMV) BACKGROUND Section 5(d) of the National Voter Registration Act of 1993 (NVRA) requires a change of address filed with the BMV to also serve as a change of address with the driver s county board of elections. As noted by the Brennan Center for Justice in its 2009 report on Ohio, 1 for nearly two decades, unless a driver changed his or her address with the BMV in person using a paper registration form, the change of address with the BMV did not update the voter s registration record. After 17 years of non-compliance, my office began working with the BMV in 2011 to ensure full compliance with 5(d) and entered into a Memorandum of Understanding with BMV. One agreed-to undertaking was to create a system by which users of BMV s online change of address system could update their voter registration address consistent with the requirements of the NVRA. Because the system is relatively new and because in Ohio the Secretary of State s Office, unlike in many other states, is a separate entity from the BMV, the vast majority of the records collected electronically through the BMV change of address system between July and October 9, 2012 were transferred late last week. These records represent voters who met the voter registration deadline and who, prior to our partnership with the BMV, would have had to use the paper registration form. Due to the administrative efficiencies created by the online change of address system, I am able to forward this data to you so these voters will be properly listed in your county s voter registration records for the November 6, 2012 General Election and county boards of elections will be relieved of hand-keying most of the records. While the timing is unfortunate, we are extremely pleased that the data from this new system can be sent electronically and will require minimal data entry. Additionally, the new system has the potential to help reduce provisional ballots significantly. 1 http//brennan.3cdn.net/9ccb57cb5de _nkm6bqc3y.pdf

5 Case 112-cv SJD Doc # 29-1 Filed 10/31/12 Page 2 of 2 PAGEID # 522 Directive Additional Valid Changes of Address Submitted by the Bureau of Motor Vehicles Page 2 of 2 INSTRUCTIONS By 100 p.m. on Monday, October 29, 2012, the Secretary of State s Office will send valid BMV voter registration records to each county via the online change of address system. A smaller second list will be sent later today. Every county must adhere to the following mandatory timelines 1. Complete the processing of these records no later than 1000 p.m. on Monday, October 29, 2012; 2. Resolve any duplicates created as a result of this process must be resolved by 700 p.m. on Tuesday, October 30, 2012; 3. Postmark and mail voter registration acknowledgment forms resulting from this process by Tuesday, October 30, 2012; 4. Include these valid BMV voter registration records in your signature poll books and precinct voter lists. If you have already printed your poll books and precinct voter lists, you must make the appropriate amendments using supplemental lists under your normal procedures so the voter s name is removed from the voter s former precinct s book/list and is included in the voter s present precinct s book/list; and 5. By Tuesday, October, 30, 2012, review any absentee applications rejected because the voter was not registered at the address on the application to see if any voters listed among these valid BMV voter registration records can now be issued an absentee ballot. If you have technical questions about downloading and accepting the records transmitted from the online change of address system, please contact your county s voter registration system vendor. If you have any questions regarding this Directive, please contact Matt Masterson or Robin Fields by calling (614) Sincerely, Jon Husted