Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 1 of 8 SENATOR KEL SELIGER 5/20/2014 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS 2 SAN ANTONIO DIVISION 3 SHANNON PEREZ, ET AL., ) ) 4 Plaintiffs, ) ) Civil Action 5 ) Number 5:11-cv-360 vs. ) 6 ) STATE OF TEXAS, ET AL., ) 7 ) Defendants. ) 8 9 **************************************************** 10 THE ORAL DEPOSITION OF 11 SENATOR KEL SELIGER 12 MAY 20, 2014 13 **************************************************** 14 THE ORAL DEPOSITION of SENATOR KEL SELIGER, 15 produced as a witness at the instance of the 16 Plaintiffs, and duly sworn, was taken in the 17 above-styled and numbered cause on the 20th day of 18 May, 2014, from 8:44 a.m. to 11:46 a.m., before 19 TERRY L. LOCHTE, Certified Court Reporter in and for 20 the State of Texas, reported by stenographic and 21 computer-aided transcription, at the Price Daniel 22 Building, 209 West 14th Street, Austin, Texas 78701, 23 pursuant to the Federal Rules of Civil Procedure, 24 and the provisions stated on the record attached 25 hereto. U.S. LEGAL SUPPORT 713.653.7100
Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 2 of 8 SENATOR KEL SELIGER 5/20/2014 2 1 A-P-P-E-A-R-A-N-C-E-S: 2 FOR PLAINTIFF LATINO REDISTRICTING TASK FORCE: 3 NINA PERALES 4 ERNEST I. HERRERA CELINA MORENO 5 MALDEF 110 Broadway, Suite 300 6 San Antonio, Texas 78205 PHONE: (210) 224-5476 7 FAX: (210) 224-5382 Nperales@maldef.org 8 Eherrera@maldef.org 9 FOR RODRIGUEZ PLAINTIFFS: 10 MAX RENEA HICKS 11 LAW OFFICE OF MAX RENEA HICKS 101 West 6th Street, Suite 504 12 Austin, Texas 78701 PHONE: (512) 480-8231 13 FAX: (512) 480-9105 Rhicks@renea-hicks.com 14 15 FOR QUESADA PLAINTIFF-INTERVENORS: 16 J. GERALD HEBERT J. GERALD HEBERT, P.C. 17 191 Somervelle Street, Suite 405 Alexandria, Virginia 22304 18 PHONE: (703) 628-4673 Hebert@voterlaw.com 19 20 FOR PLAINTIFF-INTERVENOR TEXAS STATE CONFERENCE OF NAACP: 21 GARY L. BLEDSOE 22 LAW OFFICE OF GARY L. BLEDSOE 316 West 12th Street 23 Austin, Texas 78701 PHONE: (512) 322-9992 24 FAX: (512) 322-0840 Garybledsoe@sbcglobal.net 25 U.S. LEGAL SUPPORT 713.653.7100
Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 3 of 8 DEPOSITION DESIGNATION KEL SELIGER (44:18 47:8, May 20, 2014) 44 18 Q. Okay. When you saw the House map in 19 2011, did you have any concerns about the 20 configuration of District 77? 09:30 21 MR. FREDERICK: Object to the form of 22 the question. 23 THE WITNESS: Not specifically. 24 MS. PERALES: I'd like to mark this, 25 please. 09:30 45 1 (Exhibit 6 marked.) 2 Q. (By Ms. Perales) The court reporter has 3 handed you what has been marked Deposition Exhibit 4 Number 6. And I'd ask you to first look at the 5 first page with me. Do you recognize this as a 09:31 6 report from the Texas Legislative Council? 7 A. Yes, I do. 8 Q. And is this a report for the House Plan 9 H283? 10 A. It is. 09:31 11 Q. Now, flip forward with me, if you would, 12 to about the fourth page where we see the El Paso
Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 4 of 8 13 County districts. 14 A. (Complies.) Okay. 15 Q. They start with number 74, actually. 74? 09:31 16 75. 17 A. Okay. 18 Q. Read across from District 75 with me 19 until you get to the second to the last column, 20 "non suspense voter registration, SSVR." And for 09:31 21 District 75, you'll see it's 81.2 percent. Do you 22 see that? 23 A. I do. 24 Q. Okay. Now, look down for District 76. 25 Do you see the SSVR as 81.3 percent? 09:32 46 1 A. I do. 2 Q. And District 77 at 66.4 percent? 3 A. I do. 4 Q. And District 78 is 47.1 percent? 5 A. Right. 09:32 6 Q. Would you agree with me that based on 7 these numbers, House District 78 in this plan has a 8 minority of Spanish surname registered voters? 9 A. Yes. 10 Q. And just looking at these numbers, would 09:32 11 you agree with me that overall in El Paso County,
Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 5 of 8 12 there is a majority of Spanish surname registered 13 voters? 14 MR. FREDERICK: I'll object to the 15 form of the question. 09:32 16 You may answer. 17 THE WITNESS: From what I see here, 18 yes. 19 Q. (By Ms. Perales) When you saw the House 20 plan that was enacted as H283, did you inquire 09:33 21 whether there might be an imbalance in the 22 distribution of Hispanic voters in El Paso County? 23 MR. FREDERICK: Objection 24 THE WITNESS: I did not. 25 Sorry. 47 1 Q. (By Ms. Perales) Did the shape of House 2 District 77 and 78, together, in this plan raise any 3 concerns for you about the distribution of Hispanic 4 voters between those two districts? 5 MR. FREDERICK: Objection; vague. 09:33 6 You may answer. 7 THE WITNESS: I don't recall feeling 8 or expressing a concern.
Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 6 of 8 DEPOSITION DESIGNATION KEL SELIGER (48:3 48:10, May 20, 2014) 48 3 Q. Would it be fair to say, then, that you 4 did not do any independent analysis of the House 5 plan to determine whether any of the districts might 09:35 6 violate the Voting Rights Act or the Constitution? 7 MR. FREDERICK: Object to the form of 8 the question. 9 You may answer. 10 THE WITNESS: I did not. 09:35
Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 7 of 8 SENATOR KEL SELIGER 5/20/2014 144 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS 2 SAN ANTONIO DIVISION 3 SHANNON PEREZ, ET AL., ) ) 4 Plaintiffs, ) ) Civil Action 5 ) Number 5:11-cv-360 vs. ) 6 ) STATE OF TEXAS, ET AL., ) 7 ) Defendants. ) 8 9 **************************************************** 10 REPORTER'S CERTIFICATION 11 ORAL DEPOSITION OF SENATOR KEL SELIGER 12 MAY 20, 2014 13 **************************************************** 14 I, TERRY L. LOCHTE, Certified Court Reporter in 15 and for the State of Texas, hereby certify to the 16 following: 17 That the witness, SENATOR KEL SELIGER, was duly 18 sworn by the officer and that the oral deposition is 19 a true record of the testimony given by the witness; 20 I further certify that the signature of the 21 deponent was requested and is to be returned within 22 30 days from date of receipt of the transcript. If 23 returned, the attached Changes and Signature Page 24 contains any changes and the reasons therefor; 25 That $ is the deposition U.S. LEGAL SUPPORT 713.653.7100
Case 5:11-cv-00360-OLG-JES-XR Document 1095-5 Filed 06/13/14 Page 8 of 8 SENATOR KEL SELIGER 5/20/2014 145 1 officer's charges to the Plaintiffs and Plaintiff 2 Intervenors for preparing the original deposition 3 transcript and any copies of exhibits; 4 I further certify that I am neither counsel 5 for, related to, nor employed by any of the parties 6 or attorneys in the action in which this proceeding 7 was taken, and further that I am not financially or 8 otherwise interested in the outcome of the action. 9 Certified to by me this day of 10, 2014. 11 12 13 14 TERRY L. LOCHTE, Texas CSR 7042 Expiration Date: 12/31/15 15 U.S. Legal Support, Inc. 363 N. Sam Houston Parkway East, 16 Suite 1200 Houston, Texas 77060 17 PHONE: (713) 653-7100 FAX: (713) 653-7143 18 Firm Registration No. 344 19 20 21 22 23 24 25 U.S. LEGAL SUPPORT 713.653.7100