Case 1:12-cv-00203-CKK-BMK-JDB Document 220 Filed 08/22/12 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF SOUTH CAROLINA, Plaintiff, v. UNITED STATES OF AMERICA, and ERIC HIMPTON HOLDER, JR., in his official capacity as Attorney General of the United States, Defendants, and, 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, Defendant-Intervenors, and, LEAGUE OF WOMEN VOTERS OF SOUTH CAROLINA and CRAIG DEBOSE, Defendant-Intervenors, and, SOUTH CAROLINA STATE CONFERENCE OF THE NAACP and KENYDA BAILEY, Defendant-Intervenors. Case No. 1:12-cv-203 (CKK, BMK, JDB) NOTICE OF FILING OF WRITTEN DIRECT TESTIMONY BY DR. JOHN C. RUOFF
Case 1:12-cv-00203-CKK-BMK-JDB Document 220 Filed 08/22/12 Page 2 of 4 Defendant-Intervenors herewith submit the written direct testimony of Dr. John C. Ruoff, with exhibits, pursuant to the Court s Trial Procedures Order of August 7, 2012 (ECF No. 155). Dated: August 21, 2012 Respectfully submitted, Arthur B. Spitzer (DC Bar No. 235960) AMERICAN CIVIL LIBERTIES UNION OF THE NATION'S CAPITAL 4301 Connecticut Avenue, NW, Suite 434 Washington, DC 20008 (202) 457-0800 (202) 457-0805 (fax) artspitzer@gmail.com Laughlin McDonald Nancy Abudu Katie O Connor AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. 230 Peachtree Street, N.W., Suite 1440 Atlanta, GA 30303-1227 (404) 523-2721 (404) 653-0331 (fax) koconnor@aclu.org Susan Dunn AMERICAN CIVIL LIBERTIES UNION OF SOUTH CAROLINA P.O. Box 20998 Charleston, SC 29413 sdunn@aclusouthcarolina.org J. Gerald Hebert (D.C. Bar No. 447676) CAMPAIGN LEGAL CENTER 215 E Street, NE Washington, DC 20002 (202) 736-2200 ghebert@campaignlegalcenter.org Attorneys for Defendant-Intervenors James /s/ Garrard R. Beeney Jon M. Greenbaum (D.C. Bar No. 489887) Mark A. Posner (D.C. Bar No. 457833) Robert A. Kengle LAWYERS COMMITTEE FOR CIVIL RIGHTS UNDER LAW 1401 New York Ave. NW Ste. 400 Washington, DC 20005 Tel: (202) 662-8389 Fax: (202) 628-2858 mposner@lawyerscommittee.org Michael A. Cooper (pro hac vice) Garrard R. Beeney (pro hac vice) Peter A. Steciuk (pro hac vice) Taly Dvorkis (pro hac vice) Theodore A.B. McCombs (pro hac vice) Sean A. Camoni (pro hac vice) SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004-2498 Tel: (212) 558-4000 Fax: (212) 291-9007 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 10013-1205 Tel: (646) 292-8310 Fax: (212) 463-7308
Case 1:12-cv-00203-CKK-BMK-JDB Document 220 Filed 08/22/12 Page 3 of 4 Dubose, et al. Debo P. Adegbile (D.C. Bar No. NY0143) Elise C. Boddie Ryan P. Haygood (D.C. Bar No. NY0141) 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 10013 (212) 965-2200 rhaygood@naacpldf.org laden@naacpldf.org keesha.gaskins@nyu.edu Armand Derfner (D.C. Bar No. 177204) DERFNER, ALTMAN & WILBORN 575 King Street, Suite B P.O. Box 600 Charleston, SC 29402 Tel: (843) 723-9804 Fax: (843) 723-7446 aderfner@dawlegal.com Counsel for Defendant-Intervenors the League of Women Voters of South Carolina, et al. Douglas H. Flaum Michael B. de Leeuw Adam M. Harris FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP One New York Plaza New York, NY 10004-1980 (212) 859-8000 Victor L. Goode NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE 4805 Mt. Hope Dr. Baltimore, MD 21215 Counsel for Defendant-Intervenors South Carolina State Conference of the NAACP, et al.
Case 1:12-cv-00203-CKK-BMK-JDB Document 220 Filed 08/22/12 Page 4 of 4 CERTIFICATE OF SERVICE I certify that on August 21, 2012, I filed the foregoing Request for Judicial Notice, through the Court s electronic filing system. /s/ Theodore A.B. McCombs Theodore A.B. McCombs
-~~~--- -~~- --- Case 1:12-cv-00203-CKK-BMK-JDB Document 220-1 Filed 08/22/12 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ST J\ TE OF SOUTH CAROLINA. v. P/aint!ff, UNITED STATES OF AMERICA, and ERIC HIMPTON HOLDER, JR.. in his official capacity as Attorney General of the United States. and. De{endants. JAMES DUBOSE. JUNIOR GLOVER. FAMILY UNIT. INC. BRENDA C. WILLIAMS. M.D.. AMANDA WOLF. DELORES FREELON. NAOMI GORDON. JOSEPH RILEY. RAYMOND RUTHERFORD,mdTHESOUTH CAROLINA PROGRESSIVE NETWORK, and. Dele ndant-lnterve non. LEAGUE OF WOMEN VOTERS OF SOUTH CAROLINA and CRAIG DEBOSE. and. Delendont-lnte!Tenors. SOUTH CAROLINA STATE CONFERENCE OF THE NAACP and KENYDA BAILEY. Defendant-Intervenors. Case No. 1: 12-cv-203 (CKK. BMK..I DB) - ~-- DIRECT TESTIMONY OF DR. JOHN C. RUOFF
Case 1:12-cv-00203-CKK-BMK-JDB Document 220-1 Filed 08/22/12 Page 2 of 4 My name is John C. Ruoff. I have been retained by the Defendant-Intervenors in the abo\ c-captioned litigation as a consultant and potential trial witness. I have been asked by counsel for the Defendant-Intevenors to prepare five maps. Those maps arc described in my affirmation sworn to August 20. 2012. a copy of which is incorporated by reference in this testimony and attached hereto as Exhibit A. In my affirmation I describe steps taken in the creation of the five maps. The purpose of my direct testimony is to provide additional information regarding inputs for the maps. In my affirmation. I refer to a "readily a\'ailable computer software program that I used to create the maps: that software program is Maptitude for Redistricting. version 6,0. All of the functionality I relied upon is a\'ailable on the underlying Maptitude product. I obtained data for the non-hispanic Black Voting Age Population (shortened to '"NHBVAP'' on the maps) from the Maptitude for Redistricting product. NHBV AP data is also available on the South Carolina Senate redistricting site: http:/ /redistricting.scsenate.gov/20 I OVTD _ Comp _rpl.xls obtained all information as to public transit in South Carolina from public sources. In most cases. those sources were websites. but for tvvo transit offices. online information was unavailable. so I Yisited the offices in person. I understand that all of the public transit maps and schedules I used to create the maps were produced to all parties, I created all five maps at the request of counsel. I understand that the purpose of the maps is to illustrate graphically the availability of public transit in the State. and how this availability relates to the State's minority population. The maps of Orangeburg and 2
Case 1:12-cv-00203-CKK-BMK-JDB Document 220-1 Filed 08/22/12 Page 3 of 4 Charleston Counties illustrate the availability of public transit in two particular scenarios. selected by counsc I: 1. The first represents Orangeburg County and its polling precincts. with stars denoting the locations of polling places. The map shows the total population and '\fhbv AP for two precincts. Springfield and Eutawville 2. and shows the distance from their polling places to the county registrar s office. where the registration cards with photo are to be made available. The Springfield precinct comprises 1.817 people with a 47.06% NHBV AP. and its polling place is 26 miles from the registrar's office. The Eutav.'Ville 2 precinct comprises 2.764 people with a 73.16% NHBVAP. and its polling place is 34.7 miles to the registrar's office. The map also shows that all ti:-:ed route public transit is concentrated in the city of Orangeburg and its suburbs, with no routes reaching Springfield or Eutawville 2. 2. The second represents Charleston County. which. unlike Orangeburg. has a public transit system that extends across the county. The Charleston map illustrates the journey of a hypothetical voter from McClellanville (population 2.097. 60.22% ~HBVAP) to the county registrar's onice in Charleston. If she catches the 10:15 a.m. Tri-County C203. she will arrive at the registrar's ortice around 1:33 p.m. (lf she wishes to leave McClellanville earlier. her next option is the 5:15a.m. 3
Case 1:12-cv-00203-CKK-BMK-JDB Document 220-1 Filed 08/22/12 Page 4 of 4 C203.) Allowing one hour in the office, she will return by the 2:50p.m. CARTA bus and return to McClellanville at 7:42 p.m. that evening, for a round trip of 9 hours, 27 minutes. The round trip will cost $5.20 and involve four transfers. I declare under penalty of pcrj ury that the foregoing is true and correct to the best of my knowledge. Dated: Columbia, SC _ugust 21.2012 4
Case 1:12-cv-00203-CKK-BMK-JDB Document 220-2 Filed 08/22/12 Page 1 of 4 EXHIBIT A
Case 1:12-cv-00203-CKK-BMK-JDB Document 220-2 Filed 08/22/12 Page 2 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF SOUTH CAROLINA. V. Plaintffi LTNITED STATES OF AMERICA and ERIC H. HOLDER, JR., in his official capacity as Attorney General, Defendants, Case No. l:12-cv-203 (CKK, BMK, JDB) and. JAMES DUBOSE, et al., Defendant- Intervenors. AFFIRMATION OF JOHN C. RUOFF John Ruoff, affirms under penalty of perjury the following: l. I am the Principal of The Ruoff Group, a research and policy analysis firm located at 6142 Crabtree Road, Columbia, S.C. I have lived in South Carolina continuously for the past 34 years and have traveled extensively throughout the State. 2. I have been asked by counsel for the Defendant-Intervenor the League of Women Voters of South Carolina, acting on behalf of all Defendant-Intervenors, to prepare maps of the State of South Carolina that display: a) the non-hispanic Black Voting Age Population ("NHBVAP") in each of South Carolina's 46 counties:
Case 1:12-cv-00203-CKK-BMK-JDB Document 220-2 Filed 08/22/12 Page 3 of 4 b) the location of the voter registration offices and Department of Motor Vehicle ("DMV") offices in each of the 46 counties; c) the fixed route public transit systems operating in different portions of the State; d) the distances to the voter registration office in orangeburg County from polling places in two towns, Springfield and Eutawville, near the county line in different directions: and e) the public transit available to transport individuals from Mclellenville in Northeast Charleston County to the voter registration office in Charleston and back home to Mclellanville. 3. For the pu{pose of creating the demonstrative maps I obtained transit route maps and schedules from the publicly available web sites of the public transit systems identified at the publicly available web site of the Office of Public Transit of the South Carolina Department of Public Transportation and The 2011 South Carolina Annual Transit Trends Report (Feb.2012), which is also available on the web.r 4. After obtaining the factual information necessary from public sources, I created the maps at the request of counsel and in accordance with their instructions.. 5. I created the maps using a readily available computer software program, and did not have occasion or need to use any skill that an expert in the social sciences may ' In the two instances where the information was not available on the web, I visited the office where the information could be obtained.
Case 1:12-cv-00203-CKK-BMK-JDB Document 220-2 Filed 08/22/12 Page 4 of 4 require, such as extrapolation, hypothesis testing, determining statistical significance, or analysis. The maps are no more than a visual reflection or compilation of publicly available data and do not in any way reflect any expert opinion of mine or anyone else. I understand from counsel who instructed me on what information to place on the maps that the maps were compiled in order to present to the court a visual portrayal of information that otherwise would have to be derived from scores, if not hundreds, of bits of information. 6. I will offer no expert opinions at trial concerning the maps I created, public transportation in South Carolina, Act R54, or any other related topic. I understand that I am on the Defendant-Intervenors' witness list only to testify about the foundation for the maps, e.g., where the data came from and how I compiled it, so that the court and all parties can confirm that the maps are accurate reflections of data from the public sources. 7. I understand that the pages I downloaded and used to compile the maps have been produced by Defendant Intervenors to all other parties in this action. I further understand that if no party objects to the admissibility of the maps, either in reduced size or as enlarged as demonstrativ exhibits, I will not be called to testify. Oce-J sutor fro METHIS *ql OOV John C. Ruoff