Case 5:16-cv-00257-OLG Document 106 Filed 05/17/18 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JARROD STRINGER, et. al, v. Plaintiffs, ROLANDO PABLOS, IN HIS OFFICIAL CAPACITY AS THE TEXAS SECRETARY OF STATE and STEVEN C. McCRAW, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE TEXAS DEPARTMENT OF PUBLIC SAFETY Defendants. Civil Action No. 5:16-cv-00257-OLG PLAINTIFFS NOTICE OF FILING PROPOSED FORM OF JUDGMENT Plaintiffs file this Notice along with their Proposed Form of Judgment, which is submitted as Exhibit A. The Court s May 10, 2018 Order requires the Parties to submit a proposed form of judgment setting forth the necessary declaratory and injunctive relief, consistent with the Court's findings, on or before May 17, 2018. Order, Dkt. 105 at 60-61. On May 14, 2018, Plaintiffs counsel emailed their proposed form of judgment to Defendants counsel. See Ex. A; Ex. B. On May 15, 2018, Plaintiffs counsel requested a meeting with Defendants counsel to discuss the proposed form of judgment. See Ex. C. Defendants counsel agreed to confer via telephone call at 8:30 a.m. the next day. During the conference on May 16, 2018, Defendants counsel notified Plaintiffs counsel that they generally do not agree with the monitoring and public education provisions in Plaintiffs proposed form of judgment and recommended that the Parties submit separate filings in response to the Court s May 10 th Order. During the call on May 16 th and in an email sent on the morning of May 17, 2018, Plaintiffs counsel requested that Defendants counsel send a draft of Defendants 1
Case 5:16-cv-00257-OLG Document 106 Filed 05/17/18 Page 2 of 4 proposed form of judgment or specify Defendants objections to Plaintiffs proposed form of judgment and provide the details of Defendants proposal. See Ex. D. Defendants counsel did not respond to this email with specific objections to Plaintiffs proposed form of judgment or specific proposals from Defendants. Instead, Defendants counsel stated, in part, that Defendants were unable to reconcile [Plaintiffs ] proposal with the requirement that injunctive relief be narrowly tailored to address the particular legal violation the Court found, as required by Rule 65. See Ex. E. As a result, if necessary, Plaintiffs request the Court allow them the opportunity to respond to Defendants proposed form of judgment, any specific objections made by Defendants to Plaintiffs proposed form of judgment, and/or any specific proposals from Defendants. Dated: May 17, 2017 Respectfully submitted, By: /s/ Hani Mirza Peter A. Kraus (pro hac vice) Texas Bar No. 11712980 kraus@waterskraus.com Charles S. Siegel Texas Bar No. 18341875 siegel@waterskraus.com Caitlyn E. Silhan Texas Bar No. 24072879 csilhan@waterskraus.com Rachel A. Gross (pro hac vice) Texas Bar No. 24073608 rgross@waterskraus.com WATERS & KRAUS, LLP 3141 Hood Street, Suite 700 Dallas, Texas 75219 214-357-6244 (Telephone) 214-871-2263 (Facsimile) Mimi M.D. Marziani Texas Bar No. 24091906 mimi@texascivilrightsproject.org Rebecca Harrison Stevens Texas Bar No. 24065381 2
Case 5:16-cv-00257-OLG Document 106 Filed 05/17/18 Page 3 of 4 beth@texascivilrightsproject.org Hani Mirza Texas Bar No. 24083512 hani@texascivilrightsproject.org TEXAS CIVIL RIGHTS PROJECT 1405 Montopolis Drive Austin, Texas 78741 512-474-5073 (Telephone) 512-474-0726 (Facsimile) ATTORNEYS FOR PLAINTIFFS 3
Case 5:16-cv-00257-OLG Document 106 Filed 05/17/18 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that on May 17, 2018, a true and correct copy of this Notice and Plaintiffs Proposed Form of Judgment was served upon counsel of record via the Court s ECF system. /s/ Hani Mirza CERTIFICATE OF CONFERENCE I hereby certify that on May 16 and 17, 2018, Plaintiffs counsel conferred with Defendants counsel, Anna Mackin and Esteban Soto, and Defendants counsel are opposed to Plaintiffs Proposed Form of Judgment, which is submitted with this Notice as Exhibit A. /s/ Hani Mirza 4
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 1 of 8 Exhibit A
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 2 of 8 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION JARROD STRINGER, et. al, v. Plaintiffs, ROLANDO PABLOS, IN HIS OFFICIAL CAPACITY AS THE TEXAS SECRETARY OF STATE and STEVEN C. McCRAW, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE TEXAS DEPARTMENT OF PUBLIC SAFETY Defendants. Civil Action No. 5:16-cv-00257-OLG [PROPOSED FORM OF] JUDGMENT The Court, having considered the parties motions for summary judgment and ordered entry of judgment in favor of Plaintiffs (Dkt. 105), now therefore: 1. FINDS AND DECLARES, pursuant to 28 U.S.C. 2201 and 52 U.S.C. 20510(b)(2), that Defendants have violated the NVRA, 52 U.S.C. 20503(a)(1), 20504(a), (c), (d), and (e), and 20507(a)(1)(A), and the Equal Protection Clause, U.S. Const. amend. XIV, 1, by failing to permit simultaneous voter registration with online driver s license renewal and change-of-address transactions; 2. PERMANENTLY ENJOINS Defendants, their agents and successors in office, and all persons working in concert with them, from continuing to violate the NVRA and Equal Protection Clause by: (a) failing to establish procedures to register to vote in elections for Federal office for driver s license customers who renew or change their address online; 1
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 3 of 8 (b) refusing to treat each online driver s license renewal or change-of-address application as an application for voter registration with respect to elections for Federal office; (c) refusing to include a voter registration application form for elections for Federal office as part of each online driver s license renewal or change-of-address application; (d) requiring online driver s license renewal and change-of-address customers who wish to register to vote or update their voter registration to complete an entirely separate, duplicative voter registration application with the Secretary of State s office; (e) refusing to make the voter registration portion of each online driver s license renewal or change-of-address application available to the Secretary of State s office; (f) refusing to treat the customer s online driver s license change-of-address application as a notification of change of address for voter registration with respect to elections for Federal office, unless the customer indicates that the change of address is not for voter registration purposes; (g) refusing to transmit voter registration information submitted in connection with online driver s license renewal and change-of-address transactions to the appropriate State election official within the statutorily required timeframe, 52 U.S.C. 20504(e); (h) refusing, in the case of registration with an online driver s license renewal or changeof-address application, to ensure that any eligible online driver s license customer is registered to vote in an election, if the valid voter registration form of the customer is submitted to the Department of Public Safety (DPS) not later than the lesser of 30 days, or the period provided by state law, before the date of the election; 2
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 4 of 8 (i) refusing to accept and use online driver s license customers previously-captured electronic signatures for voter registration purposes; and (j) failing to record and use an online driver s license renewal or change-of-address customer s response to the voter registration portion of the application. 3. PERMANENTLY ENJOINS Defendants, their agents and successors in office, and all persons working in concert with them, from implementing practices and procedures that otherwise violate the NVRA; to: 4. DIRECTS Defendant DPS, no later than 45 days 1 from the date of this Judgment, (a) permit simultaneous voter registration with online driver s license renewal and change-of-address transactions so that in order to register to vote or update voter registration information, the online driver s license renewal or change-of-address customer only needs to respond to the following: 1. Would you like to register to vote? No additional information is required. Yes, Register Me to Vote No, Do Not Register Me to Vote 2. If you are already registered, this application will be used to update your voter registration address, unless you opt out. Would you like to opt out of updating your address for voter registration purposes? Update My Voter Registration Opt Out: DO NOT Update My Voter Registration (Your new address will not be submitted to the Texas Secretary of State s office for voter registration purposes). 1 This shortened timeline compared to the initially requested relief of 90-day implementation is (1) justified considering the simplicity of implementation evidenced by the record, and (2) necessary because of the imminent election in November 2018. 3
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 5 of 8 (hereinafter the voter registration questions ); (b) register to vote or update voter registration information for online driver s license customers who select Yes in response to the question, Would you like to register to vote? (c) register to vote or update voter registration information for online driver s license customers who select Update My Voter Registration in response to the question, Would you like to opt out of updating your address for voter registration purposes? (d) register to vote or update voter registration information for online driver s license customers who select both "No in response to the question, Would you like to register to vote? and Update My Voter Registration in response to the question, Would you like to opt out of updating your address for voter registration purposes? (e) track, record, and retain each online driver s license renewal or change-of-address customer s response to the voter registration questions; and (f) transmit the voter registration information for each online driver s license renewal or change-of-address customer to the Secretary of State s office, including the customer s response to the voter registration questions and the customer s electronic signature file collected during the customer s last in-person transaction; 5. DIRECTS Defendant the Secretary of State, upon receipt from DPS of each online driver s license renewal or change-of-address customer s voter registration information and signature file, to transmit this data in the normal course of business to local voter registrars who are responsible for completing the voter registration process, in a manner substantially similar to the process for transmitting voter registration information after an in-person 4
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 6 of 8 transaction; and ensure that local voter registrars register to vote or update the voter registration information of these customers; 6. DIRECTS Defendants, within 14 days from the date of this Judgment, to submit to Plaintiffs counsel a broad-based public education plan for approval that details the use of all media venues, including but not limited to television, radio, internet social media, Texas.gov, and the Secretary of State s website https://www.sos.state.tx.us, to inform and educate the public on how this Judgment changes the voter registration process for online driver s license renewal and change-of-address applications; include in this public education plan steps to incorporate for two years the promotion of voter registration through online driver s license renewal and changeof-address applications into the Texas.gov marketing program, the Texas.gov/driver marketing campaign, and all DPS, Secretary of State, and their vendors marketing campaigns related to online driver s license renewal and change-of-address applications; and, once the public education plan is approved by Plaintiffs, implement such plan no later than 45 days from the date of this Judgment. 2 7. DIRECTS Defendants to: (a) submit to this Court notice of compliance with this Judgment no later than 45 days from the date of this Judgment, with affidavits from the Director of DPS and the Secretary of State attached confirming compliance with this Judgment; (b) submit to Plaintiffs counsel on or before January 15th of every year for the next three years through January 15, 2021, a report that includes, for the previous calendar year: 2 Should the Parties be incapable of agreeing on an appropriate public education plan, the Parties will submit their proposals to the Court no later than 25 days from the date of this Judgment, and the Court will order the implementation of a plan that takes reasonable steps to inform the public about this Judgment as described in Paragraph 6. 5
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 7 of 8 (i) a general summary of compliance efforts detailing all steps taken to implement each of the provisions and requirements of this Judgment, including any significant implementation problems, staff training needs, and recommendations for improvement; (ii) the number of online driver s license renewal and change-of-address applications and the number of voter registrations arising from these applications; (iii)copies of all NVRA procedures and educational and training materials related to online driver s license renewal or change-of-address transactions both used in the preceding year and expected to be used in the future; (iv) any investigations or corrective actions at DPS or the Secretary of State s office related to voter registrations through online driver s license renewal or change-ofaddress applications; (v) any implemented or revised policies or procedures at DPS or the Secretary of State s office related to voter registrations through online driver's license renewal or change-of-address applications; and (vi) all customer complaints related to voter registration through an online driver s license renewal or change-of-address application, and all subsequent correspondence and action taken related to each customer complaint; and (c) conduct monthly quality control tests until May 2019 to ensure that the online driver s license renewal and change-of-address process complies with this Judgment, and report to Plaintiffs counsel every three months the results of completed quality control tests; 6
Case 5:16-cv-00257-OLG Document 106-1 Filed 05/17/18 Page 8 of 8 8. RETAINS jurisdiction over this action until two years after the date of this Judgment to ensure that Defendants continue to comply with their obligations under the NVRA, the Equal Protection Clause, and this Judgment, and, if Defendants fail to comply with this Judgment at any time after the two-year deadline, permits Plaintiffs to initiate an enforcement action against Defendants in this Court; 9. ORDERS that Defendants shall pay to Plaintiffs their reasonable attorney s fees, including litigation expenses, and costs as will be determined by the Court in a post-judgment Order upon submission by the Plaintiffs. SIGNED this day of, 2018. ORLANDO L. GARCIA CHIEF U.S. DISTRICT JUDGE 7
Case 5:16-cv-00257-OLG Document 106-2 Filed 05/17/18 Page 1 of 3 Exhibit B
Case 5:16-cv-00257-OLG Document 106-2 Filed 05/17/18 Page 2 of 3 5/17/2018 Texas Civil Rights Project Mail - Fwd: Stringer v. Pablos Hani Mirza <hani@texascivilrightsproject.org> Fwd: Stringer v. Pablos Hani Mirza <hani@texascivilrightsproject.org> Mon, May 14, 2018 at 8:02 PM To: "Mackin, Anna" <Anna.Mackin@oag.texas.gov> Cc: Caitlyn Silhan <csilhan@waterskraus.com>, Beth Stevens <beth@texascivilrightsproject.org>, Caroline.Taylor@oag.texas.gov, Kelly.Gall@oag.texas.gov, Mimi Marziani <mimi@texascivilrightsproject.org>, Ryan Cox <ryan@texascivilrightsproject.org> Dear Counsel, Please see the attached word version of the Proposed Form of Judgment. Thank you, Hani Mirza ---------- Forwarded message ---------- From: Mackin, Anna <Anna.Mackin@oag.texas.gov> Date: Fri, May 11, 2018 at 1:32 PM Subject: Stringer v. Pablos To: Caitlyn Silhan <csilhan@waterskraus.com>, "beth@texascivilrightsproject.org" <beth@texascivilrightsproject.org> Cc: "Taylor, Caroline" <Caroline.Taylor@oag.texas.gov>, "Gall, Kelly" <Kelly.Gall@oag.texas.gov> Dear Counsel, In view of the Court s order received today, do you have a proposal for what your desired injunction would look like? Thanks, Anna Anna Mackin Assistant Attorney General Texas Office of the Attorney General 512.475.4074 anna.mackin@oag.texas.gov -- Hani Mirza Senior Attorney Texas Civil Rights Project O: (972) 333-9200 ext. 171 https://mail.google.com/mail/u/0/?ui=2&ik=fd92fad4ed&jsver=awrwbfdfcfs.en.&cbl=gmail_fe_180429.15_p3&view=pt&msg=16361525f9daae16&search=inbox&siml
5/17/2018 Texas Civil Rights Project Mail - Fwd: Stringer v. Pablos www.texascivilrightsproject.org Facebook Twitter Instagram Donate Now! Case 5:16-cv-00257-OLG Document 106-2 Filed 05/17/18 Page 3 of 3 This email and any files attached are privileged and confidential, and is/are intended only for the individual named. If you are not the intended recipient or otherwise have reason to believe that you have received this message in error, please notify the sender by email and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this message and any attachments is strictly prohibited. Proposed Form of Judgment.docx 36K https://mail.google.com/mail/u/0/?ui=2&ik=fd92fad4ed&jsver=awrwbfdfcfs.en.&cbl=gmail_fe_180429.15_p3&view=pt&msg=16361525f9daae16&search=inbox&siml
Case 5:16-cv-00257-OLG Document 106-3 Filed 05/17/18 Page 1 of 3 Exhibit C
Case 5:16-cv-00257-OLG Document 106-3 Filed 05/17/18 Page 2 of 3 5/17/2018 Texas Civil Rights Project Mail - Fwd: Stringer v. Pablos Hani Mirza <hani@texascivilrightsproject.org> Fwd: Stringer v. Pablos Caitlyn Silhan <csilhan@waterskraus.com> Tue, May 15, 2018 at 7:37 AM To: "Mackin, Anna" <Anna.Mackin@oag.texas.gov> Cc: Beth Stevens <beth@texascivilrightsproject.org>, Caroline.Taylor@oag.texas.gov, Kelly.Gall@oag.texas.gov, Hani Mirza <hani@texascivilrightsproject.org>, Mimi Marziani <mimi@texascivilrightsproject.org>, Ryan Cox <ryan@texascivilrightsproject.org> Anna, are you available to discuss this today at 3:30? Please let us know. Thanks. Caitlyn Silhan Attorney Waters & Kraus *sent from my iphone, so please excuse any errors. On May 14, 2018, at 8:03 PM, Hani Mirza <hani@texascivilrightsproject.org> wrote: Dear Counsel, Please see the attached word version of the Proposed Form of Judgment. Thank you, Hani Mirza ---------- Forwarded message ---------- From: Mackin, Anna <Anna.Mackin@oag.texas.gov> Date: Fri, May 11, 2018 at 1:32 PM Subject: Stringer v. Pablos To: Caitlyn Silhan <csilhan@waterskraus.com>, "beth@texascivilrightsproject.org" <beth@texascivilrightsproject.org> Cc: "Taylor, Caroline" <Caroline.Taylor@oag.texas.gov>, "Gall, Kelly" <Kelly.Gall@oag.texas.gov> Dear Counsel, In view of the Court s order received today, do you have a proposal for what your desired injunction would look like? Thanks, Anna Anna Mackin Assistant Attorney General Texas Office of the Attorney General 512.475.4074 anna.mackin@oag.texas.gov https://mail.google.com/mail/u/0/?ui=2&ik=fd92fad4ed&jsver=awrwbfdfcfs.en.&cbl=gmail_fe_180429.15_p3&view=pt&msg=16363ce60ab59891&search=inbox&dsq
Case 5:16-cv-00257-OLG Document 106-3 Filed 05/17/18 Page 3 of 3 5/17/2018 Texas Civil Rights Project Mail - Fwd: Stringer v. Pablos -- Hani Mirza Senior Attorney Texas Civil Rights Project O: (972) 333-9200 ext. 171 www.texascivilrightsproject.org Facebook Twitter Instagram Donate Now! This email and any files attached are privileged and confidential, and is/are intended only for the individual named. If you are not the intended recipient or otherwise have reason to believe that you have received this message in error, please notify the sender by email and delete this message immediately from your computer. Any other use, retention, dissemination, forwarding, printing, or copying of this message and any attachments is strictly prohibited. <Proposed Form of Judgment.docx> This electronic message contains information from WATERS & KRAUS, LLP that may be privileged and confidential attorney work product or attorney/client communication. The information is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you received this message in error, please notify the sender immediately. https://mail.google.com/mail/u/0/?ui=2&ik=fd92fad4ed&jsver=awrwbfdfcfs.en.&cbl=gmail_fe_180429.15_p3&view=pt&msg=16363ce60ab59891&search=inbox&dsq
Case 5:16-cv-00257-OLG Document 106-4 Filed 05/17/18 Page 1 of 2 Exhibit D
Case 5:16-cv-00257-OLG Document 106-4 Filed 05/17/18 Page 2 of 2 5/17/2018 Texas Civil Rights Project Mail - Fwd: Stringer v. Pablos Hani Mirza <hani@texascivilrightsproject.org> Fwd: Stringer v. Pablos Caitlyn Silhan <csilhan@waterskraus.com> Thu, May 17, 2018 at 9:06 AM To: "Soto, Esteban" <Esteban.Soto@oag.texas.gov>, Anna Mackin <Anna.Mackin@oag.texas.gov> Cc: Beth Stevens <beth@texascivilrightsproject.org>, "Taylor, Caroline" <Caroline.Taylor@oag.texas.gov>, Hani Mirza <hani@texascivilrightsproject.org>, "Gall, Kelly" <Kelly.Gall@oag.texas.gov>, "mimi@texascivilrightsproject.org" <mimi@texascivilrightsproject.org>, "ryan@texascivilrightsproject.org" <ryan@texascivilrightsproject.org> Anna and Esteban, Following up on our call yesterday, we plan to file our proposed form of judgment by COB today, and would like the opportunity to review and potentially address any specific counter-proposals and objections you have to our draft before filing. To that end, and as we requested yesterday, would you please send us a draft of your proposed form of judgment or specify your objections to our draft and provide the details of your proposal by noon today? Thank you, Caitlyn Caitlyn Silhan Attorney Waters & Kraus *sent from a mobile device, so please excuse any errors. On May 15, 2018, at 1:26 PM, Soto, Esteban <Esteban.Soto@oag.texas.gov> wrote: [Quoted text hidden] <ATT00001.jpg> <ATT00002.jpg> This electronic message contains information from WATERS & KRAUS, LLP that may be privileged and confidential attorney work product or attorney/client communication. The information is intended to be for the use of the addressee only. If you are not the addressee, note that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you received this message in error, please notify the sender immediately. https://mail.google.com/mail/u/0/?ui=2&ik=fd92fad4ed&jsver=awrwbfdfcfs.en.&cbl=gmail_fe_180429.15_p3&view=pt&msg=1636e6c717421909&search=inbox&sim
Case 5:16-cv-00257-OLG Document 106-5 Filed 05/17/18 Page 1 of 2 Exhibit E
Case 5:16-cv-00257-OLG Document 106-5 Filed 05/17/18 Page 2 of 2 5/17/2018 Texas Civil Rights Project Mail - Today s Submission Hani Mirza <hani@texascivilrightsproject.org> Today s Submission Mackin, Anna <Anna.Mackin@oag.texas.gov> Thu, May 17, 2018 at 1:23 PM To: caitlyn silhan <csilhan@waterskraus.com>, Beth Stevens <beth@texascivilrightsproject.org>, Hani Mirza <hani@texascivilrightsproject.org>, Mimi Marziani <mimi@texascivilrightsproject.org>, Ryan Cox <ryan@texascivilrightsproject.org> Cc: "Soto, Esteban" <Esteban.Soto@oag.texas.gov>, "Hendrix, Laura" <Laura.Hendrix@oag.texas.gov>, "Taylor, Caroline" <Caroline.Taylor@oag.texas.gov>, "Gall, Kelly" <Kelly.Gall@oag.texas.gov> All, Thank you for providing us with a copy of the proposed judgment you intend to submit to the Court. As we indicated on the call on Wednesday, we continue to dispute liability, and we also object to the scope of the relief you proposed. The court found that Defendants current processing of online driver license renewals and changes of address violates the NVRA by failing to permit a simultaneous voter registration application with every transaction[.] Doc 105 at 60. The Court stated that [a]sking motor voters whether they are interested in voter registration and sending them to SOS for an entirely separate application process is not enough [to comply with the NVRA s motor voter requirements.] Doc. 105 at 60. We were unable to reconcile your proposal with the requirement that injunctive relief be narrowly tailored to address the particular legal violation the Court found, as required by Rule 65. We therefore object to its terms. Anna https://mail.google.com/mail/u/0/?ui=2&ik=fd92fad4ed&jsver=awrwbfdfcfs.en.&cbl=gmail_fe_180429.15_p3&view=pt&msg=1636f57dd59915d7&search=inbox&siml