Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

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1 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 1 of 13 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF SOUTH CAROLINA, v. Plaintiff, UNITED STATES OF AMERICA and ERIC H. HOLDER, JR., in his official capacity as Attorney General, and, Defendants, JAMES DUBOSE, JUNIOR GLOVER, FAMILY UNIT, INC., BRENDA C. WILLIAMS, M.D., AMANDA WOLF, DELORES FREELON, NAOMI GORDON, JOSEPH RILEY, RAYMOND RUTHERFORD, and THE SOUTH CAROLINA PROGRESSIVE NETWORK, Case No. 1:12-cv-203 (CKK, BMK, JDB) Defendant- Intervenors, and, LEAGUE OF WOMEN VOTERS OF SOUTH CAROLINA and CRAIG DEBOSE, and, Defendant- Intervenors, SOUTH CAROLINA STATE CONFERENCE OF THE NAACP and KENYDA BAILEY, Defendant-Intervenors. REVISED NOTICE OF INTENT TO CALL LIVE WITNESSES AT TRIAL In accordance with this Court s Scheduling and Procedures Order of April 26, 2012 (ECF No. 64) ("Order") the Defendant-Intervenors respectfully submit this revised notice

2 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 2 of 13 of intent to call live witnesses at trial. 1 Pursuant to the Order, Witnesses whom the Defendant- Intervenors intend to call as live witnesses are listed herein by name, and where applicable, official title, along with a brief summary of the substance of the witness s testimony. In light of the status of discovery, the witness list provided below is comprehensive and reflects the current best efforts of Intervenors to project the trial of their case. Intervenors fully expect that further developments (including, e.g., responses to requests for admissions, analysis of other parties witness lists, and counsels efforts to reduce disputed issues) will allow Intervenors ultimately to seek the live testimony of fewer witness than those listed in this disclosure. Defendant-Intervenors respectfully request permission to present each of the witnesses identified below at the trial rather than through paper record because (1) in many respects, necessarily disjointed deposition citations and references to portions of exhibits are not satisfactory substitutes to testimony by certain critical witnesses that will coherently explain, among other things, the history of Voter ID in South Carolina, the matters considered and ignored by the General Assembly, and the nature of the minority population that the Act adversely impacts. The presentation of these and other highly relevant facts through live witnesses will significantly facilitate the evaluation of the entire evidentiary record and provide valued context to the paper record; (2) certain crucial facts are in dispute (including, e.g., the ability of the State to effectively implement measures to remediate the discriminatory effect of the Act and the need to deter alleged voter fraud) and the presentation of certain witnesses at trial will allow the Court to make critical determinations of witness credibility that otherwise would be far more difficult, if not impossible, to make through a paper record; and (3) trial 1 The only change in this revised version from the Notice that the Intervenors filed on Friday, June 22 is the inclusion of Senator Gerald Malloy s name, which was inadvertently omitted in the June 22 filing.

3 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 3 of 13 presentation of critical witnesses will allow the Court to make its own inquiries as to matters that the parties may not adequately address in their written presentations. I. EXPERT WITNESSES Dr. Orville Vernon Burton - Director, Clemson CyberInstitute; Professor of History and Computer Science, Clemson University o Dr. Burton will testify about, among other things, his conclusion that the passage of Act R54 (the Act ) was motivated by discriminatory purpose. In particular, Dr. Burton will explain the basis for his opinion that the Act was intended to suppress the growing strength of the African American vote. Dr. Andrew D. Martin - Professor of Law and Political Science, Washington University in St. Louis o Dr. Martin will testify about subject matter within his expertise, including the significant socioeconomic disparities that exist between the minority and white voting age populations in South Carolina that, among other things, impacts the ability of minorities to obtain the specific photo ID mandated by the Act to vote, and about the significant differences in political behavior between minority and white voters in South Carolina. Dr. Kevin M. Quinn - Professor of Law, University of California, Berkely o Dr. Quinn will testify about, among other things, the likelihood of disparate application of the reasonable impediment exception to the photo ID requirement of Act R54, and the substantial risk that minorities will be adversely impacted by the State s planned implementation of the exception.

4 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 4 of 13 II. MEMBERS OF THE GENERAL ASSEMBLY George E. Chip Campsen, III - Senator o Senator Campsen will testify about, among other things, the legislative history of Act R54 in the Senate, including the processes of and hearings in the judiciary committee, the election law subcommittee to the judiciary committee, and the conference committee for the bills that became R54. Alan Clemmons - Representative o Representative Clemmons will testify about, among other things, the legislative history of H (the House photo ID bill that became Act R54), including the processes of and hearings conducted by the judiciary committee, the election law subcommittee to the judiciary committee, of which Mr. Clemmons is Chairman, and the conference committee for the bills that became R54. Gilda Cobb-Hunter - Representative o Representative Cobb-Hunter will testify about, among other things, the legislative process of R54 in the House, and about events she witnessed and statements she heard during that process and at other times in the House that are relevant to discriminatory intent. Representative Cobb-Hunter will testify about the information available to Members during the debate on H.3003, and also about concerns about voter ID expressed by her constituents. C. Bradley Hutto - Senator o Senator Hutto will testify about, among other things, the deliberation and passage of R54 in the Senate, including the rejection of amendments intended

5 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 5 of 13 to mitigate the burdens imposed by Act R54 on minority voters, the genesis of the first voter ID bill in South Carolina, and irregularities in the legislative process. Gerald Malloy Senator o Senator Malloy served on the conference committee for H. 3418, as well as the Senate Judiciary Committee for H Senator Malloy will testify about, among other things, irregularities in the conference committee process for H. 3418, including the conference report being prepared without the Senate having had an opportunity to present its position. He will also testify about the burdens that the photo ID requirement would impose on his constituents. Glenn McConnell - Lieutenant Governor of South Carolina o Lieutenant Governor McConnell was President Pro Tempore of the Senate and Chairman of the Senate Judiciary Committee during deliberation and passage of R54, and served on the conference committee for the Act as well. Mr. McConnell will testify about, among other things, the Judiciary Committee s consideration of the bill and the conference committee process, and the rejection of proposed provisions of Voter ID bills that could have ameliorated the discriminatory impact of the Act. John L. Scott - Senator o Senator Scott will testify about, among other things, the legislative processes for both the 2009 voter ID bill and the 2011 voter ID bill, and in particular

6 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 6 of 13 about the conference committee process for Act R54, a committee on which he served. J. David Weeks - Representative o Representative Weeks is the Chairman of the Legislative Black Caucus and a member of the House Judiciary Committee, which had jurisdiction over H. 3003, and will testify about, among other things, the legislative process in the House through passage and irregularities in that process. J. Seth Whipper Representative o Representative Whipper will testify about, among other things, the severe lack of public transportation for voters in the various counties of South Carolina to locations where they can obtain photo ID. III. ELECTION OFFICIAL Marci Andino - Executive Director, South Carolina State Election Commission o Ms. Andino has extensive knowledge of and experience with the administration of elections in South Carolina, and will testify about, among other things, the lack of voter impersonation fraud in South Carolina, the capabilities and practices of the State Election Commission, the position of the State Election Commission on Voter ID, the fact that the Act cannot reasonably be implemented in less than 13 weeks after pre-clearance if preclearance should occur, the questions the Election Commission was and was not asked by the General Assembly about Voter ID, the position of the Election Commission on the reasonable impediment provision of the Act relied on by the State to ameliorate the discriminatory impact of the Act, and

7 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 7 of 13 the role of the County Election Commissions and Boards of Registration in the implementation of Act R54. In addition to the reasons set out above for trial testimony by Ms. Andino, her testimony is in many respects based on thoughts and impressions of the voting process based on years of experience, which can be more fully appreciated through live testimony. IV. NON-EXPERT FACT WITNESSES Nancy Bloodgood o Ms. Bloodgood will testify about, among other things, her experience in her 25 years of working with South Carolina elections. Ms. Bloodgood s testimony will include facts she witnessed while sitting on the Election Commission for the City of Charleston, training poll workers, and, as an attorney, representing both Democrats and Republicans in election challenges. In addition to the reasons set out above for trial testimony by Ms. Bloodgood, Ms Bloodgood was only recently identified by Intervenors and live testimony will provide the State an opportunity for cross examination. Craig Debose - Intervenor o Mr. Debose is one of the many registered South Carolina voters who do not have a form of photo ID acceptable under Act R54. He will testify about, among other things, the burdens this law would impose upon him if it was to be implemented.

8 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 8 of 13 In addition to the reasons set out above for trial testimony by Mr. Debose, Intervenors believe that only through trial testimony will the Court be able to fairly assess the full impact of the Act on Mr. Debose, who is bi-racial (African-American and Caucasian), and other similarly situated minorities. Delores Freelon Intervenor o Ms. Freelon, who is African American, does not have a form of photo ID acceptable under Act R54, and has been unable to obtain one. She will testify about, among other things, her unique experiences in attempting, without success, to obtain photo ID in South Carolina, as well as about the burdens this law would impose upon her if it was to be implemented. In addition to the reasons set out above for trial testimony by Ms. Freelon, Intervenors believe that only through trial testimony will the Court be able to fairly assess the full impact of the Act Ms. Freelon and other similarly situated minorities. Dwight C. James - Executive Director of the South Carolina State Conference of the NAACP o Mr. James will testify about, among other things, voter registration and voter education activities conducted by the South Carolina NAACP, a nonprofit, nonpartisan organization based in South Carolina whose membership is predominantly African-American and includes other minority residents of South Carolina. The SC NAACP has experience with registering thousands of voters throughout South Carolina. In addition, Mr. James will testify about how Act R54 will not only undermine the SC NAACP s efforts to make

9 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 9 of 13 lawful voting more accessible to its members, but it will also require a diversion of the organization s human and financial resources. Karen Rutherford o Ms. Rutherford will testify about, among other things, facts she has witnessed as an employee at Benedict College, a historically black college in South Carolina, and as a voting activist. She has several years of experience working at polls in Columbia. In addition to the reasons set out above for trial testimony by Ms. Rutherford, Ms. Rutherford was only recently identified by Intervenors and live testimony will provide the State an opportunity for cross examination. Barbara Zia President, League of Women Voters of South Carolina, Intervenor o Ms. Zia will testify about, among other things, the burdens R54 would impose on both minority voters and the League of Women Voters as an organization whose activities include encouraging and facilitating citizen participation in the democratic process through voting. In particular, these burdens include greater difficulty in registering voters, the additional expense of assisting voters to obtain photo ID, and the diversion of resources toward educating voters about R54 s new requirements and exceptions in time for the November 2012 election. Dated: June 22, 2012 Respectfully submitted,

10 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 10 of 13 /s/ Garrard R. Beeney GARRARD R. BEENEY Arthur B. Spitzer (DC Bar No ) AMERICAN CIVIL LIBERTIES UNION OF THE NATION'S CAPITAL 4301 Connecticut Avenue, NW, Suite 434 Washington, DC (202) (202) (fax) Laughlin McDonald Nancy Abudu Katie O Connor AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. 230 Peachtree Street, N.W., Suite 1440 Atlanta, GA (404) (404) (fax) koconnor@aclu.org Susan Dunn AMERICAN CIVIL LIBERTIES UNION OF SOUTH CAROLINA P.O. Box Charleston, SC sdunn@aclusouthcarolina.org Attorneys for Defendant-Intervenors James Dubose, et al. Debo P. Adegbile (D.C. Bar No. NY0143) Elise C. Boddie Ryan P. Haygood Dale E. Ho (D.C. Bar No. NY0142) Natasha M. Korgaonkar Leah C. Aden NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. 99 Hudson Street, Suite 1600 New York, NY (212) rhaygood@naacpldf.org Jon M. Greenbaum (D.C. Bar No ) Mark A. Posner (D.C. Bar No ) Robert A. Kengle LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Ave. NW Ste. 400 Washington, DC Tel: (202) Fax: (202) mposner@lawyerscommittee.org Michael A. Cooper (pro hac vice) Garrard R. Beeney (pro hac vice) Theodore A.B. McCombs (pro hac vice) Peter Steciuk (pro hac vice) Taly Dvorkis (pro hac vice) Sean A. Camoni (pro hac vice) SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY Tel: (212) Fax: (212) beeneyg@sullcrom.com Wendy R. Weiser (pro hac vice) Keesha M. Gaskins (pro hac vice) Mimi Marziani (pro hac vice) Elisabeth Genn (pro hac vice) THE BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW 161 Avenue of the Americas, Floor 12 New York, NY Tel: (646) Fax: (212) keesha.gaskins@nyu.edu Armand Derfner (D.C. Bar No ) DERFNER, ALTMAN & WILBORN 575 King Street, Suite B P.O. Box 600 Charleston, SC Tel: (843)

11 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 11 of 13 Douglas H. Flaum Michael B. de Leeuw Adam M. Harris FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP One New York Plaza New York, NY (212) Fax: (843) Counsel for Defendant-Intervenors the League of Women Voters of South Carolina, et al. Victor L. Goode NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 4805 Mt. Hope Dr. Baltimore, MD Counsel for Defendant-Intervenors South Carolina State Conference of the NAACP, et al.

12 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 12 of 13 CERTIFICATE OF SERVICE This will certify that I have this day caused to be served a copy of the within and foregoing Notice of Intent to Call Live Witnesses upon the following counsel of record by electronic mail. Bradley E. Heard Catherine Meza Attorneys, Voting Section Civil Rights Division U.S. DEPARTMENT OF JUSTICE 950 Pennsylvania Avenue, N.W. Washington, DC Paul D. Clement H. Christopher Bartolomucci BANCROFT PLLC 1919 M Street NW Washington, DC Nancy Abudu Katie O Connor AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. 230 Peachtree Street NW, Suite 1440 Atlanta, GA Wendy R. Weiser Keesha M. Gaskins Mimi Marziani Elisabeth Genn THE BRENNAN CENTER FOR JUSTICE AT NYU SCHOOL OF LAW 161 Avenue of the Americas, Floor 12 New York, NY Armand Derfner DERFNER, ALTMAN & WILBORN 575 King Street, Suite B P.O. Box 600 Charleston, SC Arthur B. Spitzer AMERICAN CIVIL LIBERTIES UNION OF THE NATION'S CAPITAL 4301 Connecticut Avenue NW, Suite 434 Washington, DC Jon M. Greenbaum Mark A. Posner, Robert A. Kengle LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Avenue NW, Suite 400 Washington, DC Debo P. Abegbile Elise C. Boddie Ryan P. Haygood Dale E. Ho Natasha M. Korgaonkar Leah C. Aden NAACP LEGAL DEFENSE & EDUCATIONAL FUND, INC. 99 Hudson Street, Suite 1600 New York, NY 10013

13 Case 1:12-cv CKK-BMK-JDB Document 109 Filed 06/24/12 Page 13 of 13 Douglas H. Flaum Michael B. de Leeuw Adam M. Harris FRIED, FRANK, HARRIS SHRIVER & JACOBSON LLP One New York Plaza New York, NY Victor L. Goode NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 4805 Mt. Hope Drive Baltimore, MD Dated: June 22, 2012 /s/ Sean A. Camoni SEAN A. CAMONI Sullivan & Cromwell LLP