IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION THE NORTHEAST OHIO COALITION FOR THE HOMELESS, et al., vs. Plaintiffs, JENNIFER BRUNNER, in her official capacity as Secretary of State of Ohio, Defendant. THE NORTHEAST OHIO COALITION FOR THE HOMELESS, et al., vs. Plaintiffs, THE STATE OF OHIO, Intervenor-Defendant. Civil Action No. C2-06-896 Judge Algenon L. Marbley Magistrate Judge Terence P. Kemp PLAINTIFFS EXHIBIT LIST Below is a list of the exhibits that Plaintiffs have identified for use at the preliminary injunction hearing scheduled for October 23, 2008. Marked copies of all exhibits listed below have been provided to Defendants counsel via email. Plaintiffs further intend to identify as trial exhibits those documents that were produced today by the Secretary of State and various Boards of Elections. Said documents will be marked as deposition exhibits at their upcoming depositions.
1 2 3 4 9-5-08 Directive 2008-80 from Jennifer Brunner, Ohio Secretary of State to All County Boards of Elections, Members, Directors, Deputy Directors re Voter Identification Requirements 9-5-08 Directive 2008-81 from Jennifer Brunner, Ohio Secretary of State to All County Boards of Elections, Members, Directors, Deputy Directors re Guidelines for Provisional Voting Undated ORC Title 35 Elections, Chapter 3599. Offenses and Penalties Article entitled Testimony before the Senate Rules Committee December 2005 House Bill 3 Voting Changes from NEOCH website 5 4-3-08 Declaration of Brian Davis 6 7 8 9 10 11 9-15-08 9-28-08 10-1-08 10-2-08 Blog from ClevelandHomeless website entitled A Great Deal of Misinformation about Voting Articles from Toledoblade.com, MSNBC.com, wsj.com (Wall Street Journal) and UPI.com State of Homelessness brochure Cleveland, OH 2007 1-08 Article from The Identification Crisis Collaborative Addressing the State Photo ID Process 6-14-05 A Joint Report on Election Reform Activities in Ohio issued by the Coalition on Homelessness and Housing in Ohio (COHHIO) and The League of Women Voters of Ohio Supreme Court of United States William Crawford v. Marion County Election Board; Indiana Democratic Party v. Todd Rokita, Indiana Secretary of State -- Amici Curiae Brief of Current and Former State Secretaries of State in Support of Petitioners 12 10/16/08 Declaration of Kyle Wangler 13 10/16/08 Declaration of James Wise 2
14 15 16 17 18 19 20 21 22 23 24 25 Page from Ohio Bureau of Motor Vehicles regarding State Identification Card 10/14/08 Ohio Department of Public Safety Bureau of Motors Vehicles Acceptable Documents List Pages from Ohio Department of Health website re obtaining a birth or death record 7/07 2 page document entitled Frequently Asked Questions Concerning Vital Records 7/1/08 Registrar Directory from Ohio Department of Health, Office of Vital Statistics 10/18/06 Declarations of Micky Trammell, Edward Rinn, James Caldwell, and Anthony Willis 4/08 Declarations of Margaret Buzas and Trina 5/08 and 6/3/08 Morgan Declarations of Whitney Baccus, Rebecca Battle, Sandra Daniels, Dawnise Baker, Kira Dickerson, Marica Ellis, Demetra Glover, Brandon Hurd, Karen (no last name provided), James Knapp, Warren Langford, Darene Lansing, Yelena Morales, Tammy Morrison, Lorrie Potter, Lalana Pratt, Rachel Roach, Toni Spikes, Sherrell Swab, Christine Ward, and Monique Williams Ohio Revised Code 3505.183 Determination whether provisional ballot is eligible to be counted; record-keeping 2006 Ohio Provisional Ballot Data Master Chart EAC Survey Data regarding Ohio 2006 Provisional Ballots Appendix C U.S. Election Assistance Commission 2006 Election Administration and Voting Survey 3
26 27 28 Spring 2008 Article entitled From Registration to Recounts The Election Ecosystems of Five Midwestern States, a Project of Election Law @ Moritz at the Ohio State University Moritz College of Law by Steven F. Huefner, Daniel P. Tokaji and Edward B. Foley, with Nathan A. Cemenska Article entitled From Registration to Recounts The Election Ecosystems of Five Midwestern States, a Project of Election Law @ Moritz at the Ohio State University Moritz College of Law by Steven F. Huefner, Daniel P. Tokaji and Edward B. Foley, with Nathan A. Cemenska March 4, 2008 Primary Election -- Report from the Secretary of State to the Governor, General Assembly, and the Citizens of the State of Ohio 9/13/05 Letter from U.S. Election Assistance 29 Commission re EAC Advisory 2005-006 Provisional Voting and Identification Requirements 30 10/12/04 Resolution 2004-02 Provisional Voting 31 32 33 34 35 U.S. Election Assistance Commission re Best Practices on Provisional Voting 10/16/08 Press release from Secretary of State s Office Secretary Brunner Appeals to US Supreme Court to Protect Ohioans Voting Rights 10/19/08 Article from Disptachpolitics.com that appeared in The Cincinnati Enquirer Plenty of puzzles in Ohio voterregistration data Brennan Center for Justice The Truth About Voter Fraud by Justin Levitt Powerpoint presentation The Identification Crisis for People in Need Your Papers, Please 4
36 37 38 39 40 41 42 Emergency Motion of Defendant- Appellant Ohio Secretary of State to Vacate or Stay District Court s Temporary Restraining Order in Ohio Republican Party v. Jennifer Brunner, Sixth Circuit Court of Appeals Case No. 08-4322 Application for a Stay of a Temporary Restraining Order in Jennifer Brunner, Ohio Secretary of State v. Ohio Republican Party, Supreme Court of the United States 10/14/08 Article from WSAZ3 News Channel Voter Fraud Overblown in Ohio, Official Says 10/14/08 Article from Columbus Dispatch Brunner seeks to join voter-fraud investigations 10/7/08 Article from Dispatchpolitics.com Red flags on voter records may lead to nothing 10/15/08 Article from Dispatchpolitics.com -- Questionable registrations Fork over voter list, judge tells Brunner 10/19/08 Article from TimesLeaderonline.com Strickland discounts voter fraud allegations Respectfully submitted, /s/ Caroline H. Gentry Caroline H. Gentry, Trial Attorney (0066138) Lindsay Sestile (0075618) Paul G. Hallinan (0010462) PORTER, WRIGHT, MORRIS & ARTHUR LLP One South Main Street, Suite 1600 Dayton, OH 45402 Tel (937) 449-6748 Fax (937) 449-6820 Email cgentry@porterwright.com and 5
Subodh Chandra (0069233) THE CHANDRA LAW FIRM, LLC 1265 W. 6th Street, Suite 400 Cleveland, OH 44113-1326 Tel (216) 578-1700 Fax (216) 578-1800 Email Subodh.Chandra@StanfordAlumni.org and H. Ritchey Hollenbaugh (0001072) CARLILE PATCHEN & MURPHY LLP 366 East Broad Street Columbus, OH 43215 Tel (614) 228-6135 Fax (614) 221-0216 Email hrh@cpmlaw.com Attorneys for Plaintiffs 6
CERTIFICATE OF SERVICE I hereby certify that on October 20 th, 2008, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the counsel of record in this case. /s/ Caroline H. Gentry Caroline H. Gentry (0066138) Attorney for Plaintiffs PORTER, WRIGHT, MORRIS & ARTHUR LLP One South Main Street, Suite 1600 Dayton, Ohio 45402 (937) 449-6748 / (937) 449-6820 Fax cgentry@porterwright.com DAYTON/622798 v.01 7