Case 1:11-cv CKK-MG-ESH Document 77 Filed 03/02/12 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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1 Case 1:11-cv CKK-MG-ESH Document 77 Filed 03/02/12 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF FLORIDA, Plaintiff v. THE UNITED STATES OF AMERICA and ERIC H. HOLDER, Jr., in his official capacity as Attorney General of the United States, Defendants, FLORIDA STATE CONFERENCE OF THE NAACP, et al., KENNETH SULLIVAN, et al., Defendant-Intervenors, Defendant-Intervenors, and NATIONAL COUNCIL OF LA RAZA, and LEAGUE OF WOMEN VOTERS OF FLORIDA, Defendants-Intervenors. NO. 1:11-CV (CKK-MG-ESH THREE JUDGE COURT NOTICE OF FILING OF JOINTLY STIPULATED FACTS Pursuant to this Court s Scheduling Order, Plaintiff, Defendants, and Defendant- Intervenors attach herewith jointly stipulated facts. The parties will file with the court accompanying exhibits by March 7, The parties are continuing to seek agreement on additional jointly stipulated facts and, with the Court s permission, will submit them once such

2 Case 1:11-cv CKK-MG-ESH Document 77 Filed 03/02/12 Page 2 of 5 agreement is reached. The parties believe that allowing the submission of additional jointly stipulated facts will benefit both the Court and the parties in resolving this matter.

3 Case 1:11-cv CKK-MG-ESH Document 77 Filed 03/02/12 Page 3 of 5 Respectfully submitted, For the Plaintiffs: /s/ William S. Consovoy WILLIAM S. CONSOVOY DANIEL E. NORDBY J. MICHAEL CONNOLLY ASHLEY E. DAVIS Wiley Rein LLP Florida Department of State 1776 K St., NW R.A. Gray Building Washington, DC S. Bronough Street wconsovoy@wileyrein.com Tallahassee, FL mconnolly@wileyrein.com daniel.nordby@dos.myflorida.com ashley.davis@dos.myflorida.com

4 Case 1:11-cv CKK-MG-ESH Document 77 Filed 03/02/12 Page 4 of 5 Respectfully submitted, RONALD C. MACHEN, JR. United States Attorney District of Columbia THOMAS E. PEREZ Assistant Attorney General Civil Rights Division /s/ Elise Sandra Shore T. CHRISTIAN HERREN, JR. JOHN ALBERT RUSS IV ELISE SANDRA SHORE CATHERINE MEZA ERNEST A. MCFARLAND Attorneys, Voting Section Civil Rights Division United States Department of Justice 950 Pennsylvania Ave. NW Room NWB-7254 Washington, D.C Telephone: ( Facsimile: (

5 Case 1:11-cv CKK-MG-ESH Document 77 Filed 03/02/12 Page 5 of 5 For Defendant-Intervenors: /s/ Arthur B. Spitzer Arthur B. Spitzer American Civil Liberties Union of the Nation s Capital th St. NW, Ste. 119 Washington, D.C Tel: Fax art@aclu-nca.org M. Laughlin McDonald American Civil Liberties Union Foundation, Inc. 230 Peachtree St. NW Ste Atlanta, GA Tel: ( lmcdonald@aclu.org Randall Marshall American Civil Liberties Union Foundation of Florida, Inc Biscayne Blvd. Ste. 340 Miami, FL Tel: ( Fax: ( rmarshall@aclufl.org Estelle H. Rogers Project Vote 1350 Eye St., NW, Suite 1250 Washington, DC Tel: x.310 erogers@projectvote.org Counsel for the Sullivan Group /s/ John Payton John Payton Debo P. Adegbile Ryan P. Haygood Dale E. Ho Natasha M. Korgaonkar NAACP Legal Defense and Educational Fund, Inc. 99 Hudson St., Ste New York, New York Tel: ( jpayton@naacpldf.org Counsel for the NAACP Group /s/ Mark A. Posner Jon M. Greenbaum Mark A. Posner Lawyers Committee for Civil Rights Under Law 1401 New York Ave. NW Ste. 400 Washington, D.C Tel: ( Fax: ( mposner@lawyerscommittee.org Wendy Weiser Diana Kasdan Lee Rowland The Brennan Center for Justice at NYU School of Law 161 Ave. of the Americas, Fl. 12 New York, NY Tel: ( Fax: ( lee.rowland@nyu.edu Daniel C. Schwartz Rodney F. Page Alec W. Farr Daniel T. O Connor Nicholas S. Sloey Ian L. Barlow Bryan Cave LLP 1155 F St. NW, Ste. 700 Washington, D.C Tel: ( Fax: ( dcschwartz@bryancave.com Counsel for the NCLR Group

6 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 1 of 9 STATE OF FLORIDA, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Plaintiff, v. Civil No. 1:11-cv CKK-MG-ESH UNITED STATES OF AMERICA and ERIC H. HOLDER, JR., in his official capacity as Attorney General of the United States, v. Defendants, KENNETH SULLIVAN, et. al., Defendant-Intervenors JOINTLY STIPULATED FACTS Pursuant to this Court s Scheduling Order, Plaintiff, Defendants, and Defendant- Intervenors jointly stipulate as follows: Florida and the Voting Rights Act 1. Five counties in the State of Florida have been designated as covered jurisdictions under Section 4 of the Voting Rights Act, 42 U.S.C. 1973b(b. 2. The Florida counties that have been designated as covered jurisdictions are Collier, Hardee, Hendry, Hillsborough, and Monroe Counties (collectively referred to as the Covered Counties. True and correct copies of the Federal Register showing such designations will be submitted as Exhibit The State of Florida is not a covered jurisdiction under Section 4 of the Voting Rights Act. The 2011 Act 4. On May 19, 2011 Committee Substitute for Committee Substitute for House Bill No. 1355, an omnibus bill revising the Florida Election Code, was signed into law. This law has been

7 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 2 of 9 codified as Chapter , Laws of Florida (the Act. A true and correct copy of the Act will be submitted as Exhibit On June 8, 2011, the State of Florida sent the Act to the United States Department of Justice for administrative preclearance. The submission was received by the Department of Justice on June 9, On July 22, 2011, and July 25, 2011, the Department received additional information related to the Act from the State of Florida. 7. On July 29, 2011, the State of Florida withdrew four voting changes from administrative review under Section 5. A true and correct copy of the State s correspondence will be submitted as Exhibit On August 8, 2011, the U.S. Attorney General precleared the remainder of the voting changes occasioned by the Act and submitted by the State of Florida. A true and correct copy of the Department of Justice s correspondence will be submitted as Exhibit 4. Florida Laws and Regulations 9. True and correct copies of the pre-act, 2010 versions of Florida Statutes , , , , , , and will be submitted as Exhibit True and correct copies of the post-act, 2011 versions of Florida Statutes , , , , , , and will be submitted as Exhibit True and correct copies showing a redline of the differences between the pre-act, 2010 versions of Florida Statutes , , , , , , and and the post-act, 2011 versions of Florida Statutes , , , , , , and will be submitted as Exhibit A true and correct copy of the pre-act, 2010 version of Florida Rule 1S will be submitted as Exhibit A true and correct copy of the post-act, final 2011 version of Florida Rule 1S will be submitted as Exhibit A true and correct copy showing a redline of the differences between the pre-act, 2010 version of Florida Rule 1S and the post-act, final 2011 version of Florida Rule 1S will be submitted as Exhibit 10. The Florida Legislature and the Florida Department of State ( On March 8, 2011, the Florida Legislature convened its 2011 regular session. 2

8 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 3 of During the 2011 regular session of the Florida Legislature, Representative Jimmy Patronis chaired the House Government Operations Subcommittee, Representative Seth McKeel chaired the House State Affairs Committee, Senator Miguel Diaz de la Portilla chaired the Senate Rules Subcommittee on Ethics and Elections, Senator John Thrasher chaired the Senate Rules Committee, and Senator J.D. Alexander chaired the Senate Budget Committee. 17. In advance of the 2011 regular session of the Florida Legislature, the Florida Department of State prepared a legislative proposal relating to election laws. A true and correct copy of this legislative proposal will be submitted as Exhibit 11. Legislative Proceedings Related to the Act 18. On March 7, 2011, Representative Dennis Baxley introduced and sponsored Florida House Bill 1355 (2011 (this bill, as subsequently amended and substituted, is referred to collectively as HB A true and correct copy of this version of HB 1355 will be submitted as Exhibit On March 14, 2011, HB 1355 was referred to the House Government Operations Subcommittee and the House State Affairs Committee. 20. On March 29, 2011, the Senate Rules Subcommittee on Ethics and Elections submitted Proposed Committee Bill ( PCB On March 29, 2011, Senator Miguel Diaz de la Portilla introduced and sponsored PCB 7220 as Florida Senate Bill 2086 (2011 (this bill, as subsequently amended and substituted, is referred to collectively as SB A true and correct copy of this version of SB 2086 will be submitted as Exhibit On March 30, 2011, SB 2086 was referred to the Senate Rules Committee and the Senate Budget Committee, and it was subreferred to the Senate Rules Subcommittee on Ethics and Elections. 23. On April 1, 2011, the House Government Operations Subcommittee held a hearing on HB A true and correct transcription of the portion of the April 1, 2011 House Government Operations Subcommittee Hearing relating to HB 1355 will be submitted as Exhibit On April 1, 2011, the House Government Operations Subcommittee approved a committee substitute for HB 1355 by a vote of nine to four. A true and correct copy of this version of HB 1355 will be submitted as Exhibit On April 4, 2011, the Senate Rules Subcommittee on Ethics and Elections held a hearing on SB A true and correct transcription of the portion of the April 4, 2011 Senate Rules Subcommittee on Ethics and Elections Hearing relating to SB 2086 will be submitted as Exhibit On April 4, 2011, the Senate Rules Subcommittee on Ethics and Elections approved a committee substitute for SB 2086 by a vote of seven to five and referred the bill to the Senate 3

9 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 4 of 9 Rules Committee. A true and correct copy of this version of SB 2086 will be submitted as Exhibit On April 14, 2011, the House State Affairs Committee held a hearing on HB A true and correct transcription of the portion of the April 14, 2011 House State Affairs Committee Hearing relating to HB 1355 will be submitted as Exhibit On April 14, 2011, the House State Affairs Committee approved a committee substitute for HB 1355 by a vote of twelve to six, and referred the bill to the full House. A true and correct copy of this version of HB 1355 will be submitted as Exhibit On April 15, 2011, the Senate Rules Committee held a hearing on SB A true and correct transcription of the portion of the April 15, 2011 Senate Rules Committee Hearing relating to SB 2086 will be submitted as Exhibit On April 15, 2011, the Senate Rules Committee approved a committee substitute for SB 2086 by a vote of ten to two, and referred the bill to the Senate Budget Committee. A true and correct copy of this version of SB 2086 will be submitted as Exhibit On April 18, 2011, the Florida House of Representatives conducted its first reading of the then-current version of HB On April 20, 2011, the Florida House of Representatives conducted its second reading of, and held a floor debate on, the then-current version of HB A true and correct transcription of the portion of the April 20, 2011 Florida House of Representatives floor debate relating to HB 1355 will be submitted as Exhibit On April 20, 2011, the Florida House of Representatives adopted eleven amendments to HB 1355 (bar codes , , , , , , , , , , On April 20, 2011, the Florida House of Representatives rejected twenty-eight amendments (bar codes , , , , , , , , , , , , , , , , , , , , , , , , , , , On April 21, 2011, the Florida House of Representatives conducted its third reading of, and held a floor debate on, the then-current version of HB A true and correct transcription of the portion of the April 21, 2011 Florida House of Representatives floor debate relating to HB 1355 will be submitted as Exhibit On April 21, 2011, the Florida House of Representatives approved HB 1355 by a vote of 79 to 37. A true and correct copy of this version of HB 1355 will be submitted as Exhibit On April 26, 2011, the Senate Budget Committee held a hearing on SB A true and correct transcription of the portion of the April 26, 2011 Senate Budget Committee Hearing relating to SB 2086 will be submitted as Exhibit 24. 4

10 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 5 of On April 26, 2011, the Senate Budget Committee approved a committee substitute for SB 2086 by a vote of thirteen to seven, and referred the bill to the full Senate. A true and correct copy of this version of SB 2086 will be submitted as Exhibit On April 26, 2011, the Florida House of Representatives sent HB 1355 to the Florida Senate. 40. On April 29, 2011, the Florida Senate received HB 1355 from the Florida House of Representatives. 41. On April 29, 2011, HB 1355 was referred to the Senate Rules Subcommittee on Ethics and Elections, the Senate Rules Committee, and the Senate Budget Committee. 42. On May 4, 2011, HB 1355 was withdrawn from the Senate Rules Subcommittee on Ethics and Elections, the Senate Rules Committee, and the Senate Budget Committee. 43. On May 4, 2011, the Florida Senate conducted its second reading of, and held a floor debate on, the then-current versions of SB 2086 and HB A true and correct transcription of the portion of the May 4, 2011 Florida Senate floor debate relating to SB 2086 and HB 1355 will be submitted as Exhibit On May 4, 2011, the Florida Senate adopted an amendment to SB 2086 (bar code A true and correct copy of this amendment will be submitted as Exhibit On May 4, 2011, the Florida Senate substituted HB 1355 for SB 2086 and laid SB 2086 on the table. 46. On May 4, 2011, the Florida Senate adopted an amendment to HB 1355 (bar code and rejected several other amendments to HB A true and correct copy of the adopted amendment will be submitted as Exhibit On May 5, 2011, the Florida Senate conducted its third reading of, and held floor debate on, the then-current version of HB A true and correct transcription of the portion of the May 5, 2011 Florida Senate floor debate relating to HB 1355 will be submitted as Exhibit On May 5, 2011, the Florida Senate adopted an amendment to HB 1355 (bar code A true and correct copy of this amendment will be submitted as Exhibit On May 5, 2011, the Florida Senate approved HB 1355 by a vote of 25 to On May 5, 2011, the Florida House of Representatives held a floor debate on HB A true and correct transcription of the portion of the May 5, 2011 Florida House of Representatives floor debate relating to HB 1355 will be submitted as Exhibit On May 5, 2011, the Florida House of Representatives rejected sixteen amendments to HB 1355 (bar codes , , , , , , , , , , , , , , ,

11 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 6 of On May 5, 2011, the Florida House of Representatives approved HB 1355, as amended by the Senate, by a vote of 77 to On May 6, 2011, HB 1355 was signed by House and Senate officers and presented to the Governor. 54. On May 19, 2011, Governor Scott signed HB 1355, which was subsequently codified as Chapter , Laws of Florida ( Ch Statements and Documents Related to the Act 55. On April 5, 2011, the Florida State Association of Supervisors of Elections issued a public statement concerning HB A true and correct copy of this statement will be submitted as Exhibit On April 18, 2011, the Florida State Association of Supervisors of Elections issued a memorandum to Senator Diaz de la Portilla, et al., concerning SB A true and correct copy of this statement will be submitted as Exhibit On April 29, 2011, the Florida State Association of Supervisors of Elections issued a public statement concerning SB A true and correct copy of this statement will be submitted as Exhibit On May 2, 2011, Senator Nan Rich issued a press release concerning SB A true and correct copy of this press release will be submitted as Exhibit On May 16, 2012, Senator Diaz de la Portilla issued a press release concerning HB A true and correct copy of this press release will be submitted as Exhibit On May 25, 2011, Representative Baxley sent a letter to Governor Scott regarding HB A true and correct copy of this letter will be submitted as Exhibit On June 21, 2011, the Democratic Caucus of the Florida House of Representatives sent a letter to Chris Herren, Chief, Voting Section, Civil Rights Division, U.S. Department of Justice. A true and correct copy of this letter will be submitted as Exhibit On July 22, 2011, Tampa Mayor Bob Buckhorn sent a letter to U.S. Attorney General Eric Holder. A true and correct copy of this letter will be submitted as Exhibit 38. 6

12 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 7 of 9 Respectfully submitted, For the Plaintiffs: /s/ William S. Consovoy WILLIAM S. CONSOVOY DANIEL E. NORDBY J. MICHAEL CONNOLLY ASHLEY E. DAVIS Wiley Rein LLP Florida Department of State 1776 K St., NW R.A. Gray Building Washington, DC S. Bronough Street wconsovoy@wileyrein.com Tallahassee, FL mconnolly@wileyrein.com daniel.nordby@dos.myflorida.com ashley.davis@dos.myflorida.com

13 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 8 of 9 Respectfully submitted, RONALD C. MACHEN, JR. United States Attorney District of Columbia THOMAS E. PEREZ Assistant Attorney General Civil Rights Division /s/ Elise Sandra Shore T. CHRISTIAN HERREN, JR. JOHN ALBERT RUSS IV ELISE SANDRA SHORE CATHERINE MEZA ERNEST A. MCFARLAND Attorneys, Voting Section Civil Rights Division United States Department of Justice 950 Pennsylvania Ave. NW Room NWB-7254 Washington, D.C Telephone: ( Facsimile: (

14 Case 1:11-cv CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 9 of 9 For Defendant-Intervenors: /s/ Arthur B. Spitzer Arthur B. Spitzer American Civil Liberties Union of the Nation s Capital th St. NW, Ste. 119 Washington, D.C Tel: Fax art@aclu-nca.org M. Laughlin McDonald American Civil Liberties Union Foundation, Inc. 230 Peachtree St. NW Ste Atlanta, GA Tel: ( lmcdonald@aclu.org Randall Marshall American Civil Liberties Union Foundation of Florida, Inc Biscayne Blvd. Ste. 340 Miami, FL Tel: ( Fax: ( rmarshall@aclufl.org Estelle H. Rogers Project Vote 1350 Eye St., NW, Suite 1250 Washington, DC Tel: x.310 erogers@projectvote.org Counsel for the Sullivan Group /s/ John Payton John Payton Debo P. Adegbile Ryan P. Haygood Dale E. Ho Natasha M. Korgaonkar NAACP Legal Defense and Educational Fund, Inc. 99 Hudson St., Ste New York, New York Tel: ( jpayton@naacpldf.org Counsel for the NAACP Group /s/ Mark A. Posner Jon M. Greenbaum Mark A. Posner Lawyers Committee for Civil Rights Under Law 1401 New York Ave. NW Ste. 400 Washington, D.C Tel: ( Fax: ( mposner@lawyerscommittee.org Wendy Weiser Diana Kasdan Lee Rowland The Brennan Center for Justice at NYU School of Law 161 Ave. of the Americas, Fl. 12 New York, NY Tel: ( Fax: ( lee.rowland@nyu.edu Daniel C. Schwartz Rodney F. Page Alec W. Farr Daniel T. O Connor Nicholas S. Sloey Ian L. Barlow Bryan Cave LLP 1155 F St. NW, Ste. 700 Washington, D.C Tel: ( Fax: ( dcschwartz@bryancave.com Counsel for the NCLR Group

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