IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA

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1 A. David Braun (Arizona Bar # ) P O Box 7372 Phoenix AZ phone: fax: A.Braun@azbar.org George M. Sterling, Jr. (Arizona Bar # ) 818 East Osborn Rd. Phoenix AZ phone fax Edward Still (D.C. Bar # ) Title Bldg., Suite Richard Arrington Blvd. N. Birmingham AL phone: fax: Still@votelaw.com Attorneys for Congressional Plaintiffs IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA ARIZONA MINORITY COALITION FOR FAIR REDISTRICTING, an unincorporated association; et al., and MARY ANN ARVIZU, et al., vs. Plaintiffs, ARIZONA INDEPENDENT REDISTRICTING COMMISSION, a state agency; et al., Case No. CV Case No. CV (Assigned to Hon. Kenneth L. Fields) Statement of Facts of Arvizu et al. to Support Motion for Summary Judgment Defendants. This document relates to Congressional case

2 1. The Independent Redistricting Commission ( IRC or Commission ) has admitted that it did not adopt any definitions of the terms community of interest, competitive districts, or significant detriment to the other goals. See the answers of the IRC to the Congressional plaintiffs Requests for Admission and Interrogatories, as Exhibits A and B. 2. The Commission applied several standards for judging competitiveness of districts. See Exhibits C through I attached to the Arvizu Motion for Summary Judgment. 3. Exhibit C is a spreadsheet prepared by the staff or consultants of the IRC and produced in discovery by IRC. It shows the registration of each major party and the AQD measurements in the final congressional plan adopted by the Commission. 4. Exhibit D is a spreadsheet prepared by the staff or consultants of the IRC and produced in discovery by IRC. It shows the registration of each major party in the Downtown Competitive congressional plan considered by the Commission. 5. Exhibit E is a slide in a PowerPoint presentation prepared by the staff or consultants of the IRC and produced in discovery by IRC. It shows the AQD measure for the Competitive B Test version 3 considered and rejected by the Commission. 6. Exhibit F is a spreadsheet prepared by the staff or consultants of the IRC since the adoption of the congressional plan and produced in discovery by IRC. It shows the registration of each major

3 party and the AQD measurements in the final congressional plan adopted by the Commission, using rebuilt databases not available to the Commission when it adopted the Congressional plan. 7. Exhibit G is a spreadsheet prepared by the staff or consultants of the IRC since the adoption of the congressional plan and produced in discovery by IRC. It shows the registration of each major party and the AQD measurements in the Downtown Competitive plan considered by the Commission, using rebuilt databases not available to the Commission when it adopted the Congressional plan. 8. Exhibit H is a report prepared by Dr. Michael McDonald, a consultant of the IRC and produced in discovery by IRC. It shows the Judge It analysis for the Congressional draft map (top of page 3) and the Downtown Competitive Congressional plan (bottom of page 4). With a few modifications, the Congressional draft map became the adopted Congressional plan. 9. Exhibit I is a spreadsheet prepared by the staff or consultants of the IRC and produced in discovery by IRC. It shows the AQD measurements in the Downtown Competitive congressional plan considered by the Commission. 10. The Congressional plaintiffs adopt paragraphs 1 through 3 of the statement of facts made by the Arizona Minority Coalition and the City of Flagstaff in support of their joint motion for summary judgment.

4 11. The Congressional plaintiffs adopt paragraphs 3 through 5 of the statement of facts made by the Navajo Nation et al. in support of their motion for summary judgment. RESPECTFULLY SUBMITTED this 19th of May 2003, by, OF COUNSEL: Paul Bender College of Law Arizona State University P.O. Box Tempe AZ phone fax /s/ A. David Braun A. David Braun Edward Still George M. Sterling, Jr. Attorneys for Congressional Plaintiffs CERTIFICATE OF SERVICE I hereby certify that on 19 May 2003, the original of the foregoing was filed with the Clerk of Court, Maricopa County Superior Court, Central Court Building, 201 West Jefferson Street, Phoenix AZ a copy of the foregoing was delivered to Hon. Kenneth L. Fields, Maricopa County Superior Court, 914 East Court Building, 101 West Jefferson Street, Phoenix AZ by hand delivery or by to swhitake@superiorcourt.maricopa.gov a copy of the foregoing delivered by facsimile, , and/or first class mail to the following:

5 Judith Dworkin Marvin S. Cohen SACKS TIERNEY PA 7047 E. Greenway Parkway, Suite 150 Scottsdale, Arizona om Fax: Dana L. Bobroff Assistant Attorney General The Navajo Nation, Dept. of Justice P. O. Drawer 2010 Window Rock, Arizona Neil Vincent Wake Linda D. Skon 3030 N. Third Street, Suite 1220 Phoenix, Arizona Fax: Michael A. Carvin JONES, DAY, REAVIS & POGUE 51 Louisiana Avenue, N.W. Washington, D.C Attorneys for Arizonans for Fair and Legal Redistricting et al. Attorneys for the Navajo Nation Daniel R. Ortega, Jr. Gary A. Husk ORTEGA & ASSOCIATES 411 N. Central Avenue Phoenix, Arizona Fax: Attorneys for Hopi Tribe Joseph A. Kanefield Office of the Attorney General 1275 W. Washington Phoenix, Arizona Fax: Jessica Funkhouser Special Counsel Attorney General's Office 1275 W. Washington Phoenix, Arizona Fax: Attorneys for Arizona Secretary of State

6 Lisa T. Hauser Gammage & Burnham Two North Central Avenue Eighteenth Floor Phoenix AZ phone: fax: Jose de Jesus Rivera Haralson Miller Pitt Feldman & McAnally PLC 3003 North Central, Suite 1400 Phoenix AZ phone: fax: Marguerite Leoni Nielsen Merksamer Parrinello Mueller & Naylor LLP 591 Redwood Hwy., Building 4000 Mill Valley CA phone: fax: Attorneys for the Arizona Independent Redistricting Commission John R. Moffitt Prescott Legal Department Post Office Box 2059 Prescott, Arizona Fax: Attorney for City of Prescott Paul F. Eckstein Michael S. Mandell Michael G. Nichols BROWN & BAIN, P.A North Central Avenue Post Office Box 400 Phoenix, Arizona Fax: Richard A. Halloran Joshua Grabel LEWIS AND ROCA, LLP 40 North Central Avenue Phoenix, Arizona Fax: Aaron Kizer Law Offices of Aaron Kizer, PLC 411 North Central Avenue Suite 520 Phoenix, Arizona Fax: Attorneys for Plaintiffs AMC et al. Ivan Legler Town Of Prescott Valley 7501 E. Civic Circle Prescott Valley, AZ Fax: Attorney for Town of Prescott Valley

7 David J. Cantelme Ernest Calderón Jennings, Strouss & Salmon, P.L.C. The Collier Center, 11th Floor 201 East Washington Street Phoenix, Arizona Fax: Joseph R. Bertoldo City of Flagstaff 211 West Aspen Avenue Flagstaff, Arizona Fax: Attorneys for City of Flagstaff Thomas Saenz Steve Reyes Mexican American Legal Defense & Educational Fund 6344 South Spring St., 11th Floor Los Angeles, Ca Richard M. Martinez 3131 E. Second Street Tucson, Arizona m Nina Perales Mexican American Legal Defense & Educational Fund 140 E. Houston Street Suite 300 San Antonio, TX Attorneys for Defendant Intervenors Jaime Abeytia et al. Robert A. Taylor City of Kingman 310 North 4th Street Kingman, Arizona Attorney for City of Kingman Maureen George City Attorney Lake Havasu City 2330 McCulloch Boulevard Lake Havasu City, Arizona Fax: Attorney for Lake Havasu City William J. Ekstrom, Jr. Mohave County Attorney Post Office Box 7000 Kingman, Arizona Attorneys for Mohave County Steve M. Titla Titla & Parsi P. O. Box 1143 Globe, Arizona Fax: Attorneys for the San Carlos Apache Tribe

8 Daisy Flores Mark Gunning Gila County Attorney s Office 1400 E. Ash Globe, Arizona dflores@co.gila.az.us mgunning@co.gila.az.us Attorneys for Gila County Derek Rapier Greenlee County Attorney P.O. Box 1717 Clifton, Arizona drapier@co.greenlee.az.us Attorneys for Greenlee County Ronald M. Lehman Gabroy, Rollman & Bosse, P.C N. Campbell Avenue, Ste 111 Tucson, AZ rmlehman@gabroylaw.com Attorneys for Santa Cruz County Criss Candelaria Nancy Dean Brad Carlyon P. O. Box 637 St. Johns, Arizona ccandelaria@co.apache.az.us ndean@co.apache.az.us bcarlyon@co.apache.az.us Fax: Attorneys for Apache County Kenneth Angle Graham County Attorney 800 West Main Street Safford, Arizona kangle@graham.az.gov Attorneys for Graham County Mark W. Drutz Grant K. McGregor William B. Carroll MUSGROVE, DRUTZ & KACK, P.C Iron Springs Road Prescott, Arizona mdrutz@mindspring.com Fax: Attorneys for Town of Chino Valley BY /s/ A. David Braun