Case 1:11-cv-01428-CKK-MG-ESH Document 77 Filed 03/02/12 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF FLORIDA, Plaintiff v. THE UNITED STATES OF AMERICA and ERIC H. HOLDER, Jr., in his official capacity as Attorney General of the United States, Defendants, FLORIDA STATE CONFERENCE OF THE NAACP, et al., KENNETH SULLIVAN, et al., Defendant-Intervenors, Defendant-Intervenors, and NATIONAL COUNCIL OF LA RAZA, and LEAGUE OF WOMEN VOTERS OF FLORIDA, Defendants-Intervenors. NO. 1:11-CV-01428 (CKK-MG-ESH THREE JUDGE COURT NOTICE OF FILING OF JOINTLY STIPULATED FACTS Pursuant to this Court s Scheduling Order, Plaintiff, Defendants, and Defendant- Intervenors attach herewith jointly stipulated facts. The parties will file with the court accompanying exhibits by March 7, 2012. The parties are continuing to seek agreement on additional jointly stipulated facts and, with the Court s permission, will submit them once such
Case 1:11-cv-01428-CKK-MG-ESH Document 77 Filed 03/02/12 Page 2 of 5 agreement is reached. The parties believe that allowing the submission of additional jointly stipulated facts will benefit both the Court and the parties in resolving this matter.
Case 1:11-cv-01428-CKK-MG-ESH Document 77 Filed 03/02/12 Page 3 of 5 Respectfully submitted, For the Plaintiffs: /s/ William S. Consovoy WILLIAM S. CONSOVOY DANIEL E. NORDBY J. MICHAEL CONNOLLY ASHLEY E. DAVIS Wiley Rein LLP Florida Department of State 1776 K St., NW R.A. Gray Building Washington, DC 20006 500 S. Bronough Street wconsovoy@wileyrein.com Tallahassee, FL 32399-0250 mconnolly@wileyrein.com daniel.nordby@dos.myflorida.com ashley.davis@dos.myflorida.com
Case 1:11-cv-01428-CKK-MG-ESH Document 77 Filed 03/02/12 Page 4 of 5 Respectfully submitted, RONALD C. MACHEN, JR. United States Attorney District of Columbia THOMAS E. PEREZ Assistant Attorney General Civil Rights Division /s/ Elise Sandra Shore T. CHRISTIAN HERREN, JR. JOHN ALBERT RUSS IV ELISE SANDRA SHORE CATHERINE MEZA ERNEST A. MCFARLAND Attorneys, Voting Section Civil Rights Division United States Department of Justice 950 Pennsylvania Ave. NW Room NWB-7254 Washington, D.C. 20530 Telephone: (202 305-0070 Facsimile: (202 307-3961
Case 1:11-cv-01428-CKK-MG-ESH Document 77 Filed 03/02/12 Page 5 of 5 For Defendant-Intervenors: /s/ Arthur B. Spitzer Arthur B. Spitzer American Civil Liberties Union of the Nation s Capital 1400 20 th St. NW, Ste. 119 Washington, D.C. 20036 Tel: 202-457-0800 Fax 202-452-1868 art@aclu-nca.org M. Laughlin McDonald American Civil Liberties Union Foundation, Inc. 230 Peachtree St. NW Ste. 1440 Atlanta, GA 30303-1227 Tel: (404 523-2721 lmcdonald@aclu.org Randall Marshall American Civil Liberties Union Foundation of Florida, Inc. 4500 Biscayne Blvd. Ste. 340 Miami, FL 33137 Tel: (786 363-2700 Fax: (786 363-1108 rmarshall@aclufl.org Estelle H. Rogers Project Vote 1350 Eye St., NW, Suite 1250 Washington, DC 20005 Tel: 202-546-4173 x.310 erogers@projectvote.org Counsel for the Sullivan Group /s/ John Payton John Payton Debo P. Adegbile Ryan P. Haygood Dale E. Ho Natasha M. Korgaonkar NAACP Legal Defense and Educational Fund, Inc. 99 Hudson St., Ste. 1600 New York, New York 10013 Tel: (212 965-2200 jpayton@naacpldf.org Counsel for the NAACP Group /s/ Mark A. Posner Jon M. Greenbaum Mark A. Posner Lawyers Committee for Civil Rights Under Law 1401 New York Ave. NW Ste. 400 Washington, D.C. 20005 Tel: (202 662-8389 Fax: (202 628-2858 mposner@lawyerscommittee.org Wendy Weiser Diana Kasdan Lee Rowland The Brennan Center for Justice at NYU School of Law 161 Ave. of the Americas, Fl. 12 New York, NY 10013-1205 Tel: (646 292-8310 Fax: (212 463-7308 lee.rowland@nyu.edu Daniel C. Schwartz Rodney F. Page Alec W. Farr Daniel T. O Connor Nicholas S. Sloey Ian L. Barlow Bryan Cave LLP 1155 F St. NW, Ste. 700 Washington, D.C. 20004 Tel: (202 508-6000 Fax: (202 508-6200 dcschwartz@bryancave.com Counsel for the NCLR Group
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 1 of 9 STATE OF FLORIDA, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Plaintiff, v. Civil No. 1:11-cv-01428-CKK-MG-ESH UNITED STATES OF AMERICA and ERIC H. HOLDER, JR., in his official capacity as Attorney General of the United States, v. Defendants, KENNETH SULLIVAN, et. al., Defendant-Intervenors JOINTLY STIPULATED FACTS Pursuant to this Court s Scheduling Order, Plaintiff, Defendants, and Defendant- Intervenors jointly stipulate as follows: Florida and the Voting Rights Act 1. Five counties in the State of Florida have been designated as covered jurisdictions under Section 4 of the Voting Rights Act, 42 U.S.C. 1973b(b. 2. The Florida counties that have been designated as covered jurisdictions are Collier, Hardee, Hendry, Hillsborough, and Monroe Counties (collectively referred to as the Covered Counties. True and correct copies of the Federal Register showing such designations will be submitted as Exhibit 1. 3. The State of Florida is not a covered jurisdiction under Section 4 of the Voting Rights Act. The 2011 Act 4. On May 19, 2011 Committee Substitute for Committee Substitute for House Bill No. 1355, an omnibus bill revising the Florida Election Code, was signed into law. This law has been
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 2 of 9 codified as Chapter 2011-40, Laws of Florida (the Act. A true and correct copy of the Act will be submitted as Exhibit 2. 5. On June 8, 2011, the State of Florida sent the Act to the United States Department of Justice for administrative preclearance. The submission was received by the Department of Justice on June 9, 2011. 6. On July 22, 2011, and July 25, 2011, the Department received additional information related to the Act from the State of Florida. 7. On July 29, 2011, the State of Florida withdrew four voting changes from administrative review under Section 5. A true and correct copy of the State s correspondence will be submitted as Exhibit 3. 8. On August 8, 2011, the U.S. Attorney General precleared the remainder of the voting changes occasioned by the Act and submitted by the State of Florida. A true and correct copy of the Department of Justice s correspondence will be submitted as Exhibit 4. Florida Laws and Regulations 9. True and correct copies of the pre-act, 2010 versions of Florida Statutes 97.021, 97.0575, 97.1031, 100.371, 101.045, 101.048, and 101.657 will be submitted as Exhibit 5. 10. True and correct copies of the post-act, 2011 versions of Florida Statutes 97.021, 97.0575, 97.1031, 100.371, 101.045, 101.048, and 101.657 will be submitted as Exhibit 6. 11. True and correct copies showing a redline of the differences between the pre-act, 2010 versions of Florida Statutes 97.021, 97.0575, 97.1031, 100.371, 101.045, 101.048, and 101.657 and the post-act, 2011 versions of Florida Statutes 97.021, 97.0575, 97.1031, 100.371, 101.045, 101.048, and 101.657 will be submitted as Exhibit 7. 12. A true and correct copy of the pre-act, 2010 version of Florida Rule 1S-2.042 will be submitted as Exhibit 8. 13. A true and correct copy of the post-act, final 2011 version of Florida Rule 1S-2.042 will be submitted as Exhibit 9. 14. A true and correct copy showing a redline of the differences between the pre-act, 2010 version of Florida Rule 1S-2.042 and the post-act, final 2011 version of Florida Rule 1S-2.042 will be submitted as Exhibit 10. The Florida Legislature and the Florida Department of State (2011 15. On March 8, 2011, the Florida Legislature convened its 2011 regular session. 2
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 3 of 9 16. During the 2011 regular session of the Florida Legislature, Representative Jimmy Patronis chaired the House Government Operations Subcommittee, Representative Seth McKeel chaired the House State Affairs Committee, Senator Miguel Diaz de la Portilla chaired the Senate Rules Subcommittee on Ethics and Elections, Senator John Thrasher chaired the Senate Rules Committee, and Senator J.D. Alexander chaired the Senate Budget Committee. 17. In advance of the 2011 regular session of the Florida Legislature, the Florida Department of State prepared a legislative proposal relating to election laws. A true and correct copy of this legislative proposal will be submitted as Exhibit 11. Legislative Proceedings Related to the Act 18. On March 7, 2011, Representative Dennis Baxley introduced and sponsored Florida House Bill 1355 (2011 (this bill, as subsequently amended and substituted, is referred to collectively as HB 1355. A true and correct copy of this version of HB 1355 will be submitted as Exhibit 12. 19. On March 14, 2011, HB 1355 was referred to the House Government Operations Subcommittee and the House State Affairs Committee. 20. On March 29, 2011, the Senate Rules Subcommittee on Ethics and Elections submitted Proposed Committee Bill ( PCB 7220. 21. On March 29, 2011, Senator Miguel Diaz de la Portilla introduced and sponsored PCB 7220 as Florida Senate Bill 2086 (2011 (this bill, as subsequently amended and substituted, is referred to collectively as SB 2086. A true and correct copy of this version of SB 2086 will be submitted as Exhibit 13. 22. On March 30, 2011, SB 2086 was referred to the Senate Rules Committee and the Senate Budget Committee, and it was subreferred to the Senate Rules Subcommittee on Ethics and Elections. 23. On April 1, 2011, the House Government Operations Subcommittee held a hearing on HB 1355. A true and correct transcription of the portion of the April 1, 2011 House Government Operations Subcommittee Hearing relating to HB 1355 will be submitted as Exhibit 4. 24. On April 1, 2011, the House Government Operations Subcommittee approved a committee substitute for HB 1355 by a vote of nine to four. A true and correct copy of this version of HB 1355 will be submitted as Exhibit 14. 25. On April 4, 2011, the Senate Rules Subcommittee on Ethics and Elections held a hearing on SB 2086. A true and correct transcription of the portion of the April 4, 2011 Senate Rules Subcommittee on Ethics and Elections Hearing relating to SB 2086 will be submitted as Exhibit 15. 26. On April 4, 2011, the Senate Rules Subcommittee on Ethics and Elections approved a committee substitute for SB 2086 by a vote of seven to five and referred the bill to the Senate 3
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 4 of 9 Rules Committee. A true and correct copy of this version of SB 2086 will be submitted as Exhibit 16. 27. On April 14, 2011, the House State Affairs Committee held a hearing on HB 1355. A true and correct transcription of the portion of the April 14, 2011 House State Affairs Committee Hearing relating to HB 1355 will be submitted as Exhibit 17. 28. On April 14, 2011, the House State Affairs Committee approved a committee substitute for HB 1355 by a vote of twelve to six, and referred the bill to the full House. A true and correct copy of this version of HB 1355 will be submitted as Exhibit 18. 29. On April 15, 2011, the Senate Rules Committee held a hearing on SB 2086. A true and correct transcription of the portion of the April 15, 2011 Senate Rules Committee Hearing relating to SB 2086 will be submitted as Exhibit 19. 30. On April 15, 2011, the Senate Rules Committee approved a committee substitute for SB 2086 by a vote of ten to two, and referred the bill to the Senate Budget Committee. A true and correct copy of this version of SB 2086 will be submitted as Exhibit 20. 31. On April 18, 2011, the Florida House of Representatives conducted its first reading of the then-current version of HB 1355. 32. On April 20, 2011, the Florida House of Representatives conducted its second reading of, and held a floor debate on, the then-current version of HB 1355. A true and correct transcription of the portion of the April 20, 2011 Florida House of Representatives floor debate relating to HB 1355 will be submitted as Exhibit 21. 33. On April 20, 2011, the Florida House of Representatives adopted eleven amendments to HB 1355 (bar codes 107669, 124397, 146473, 263311, 344471, 422757, 663219, 669649, 777855, 821007, 942551. 34. On April 20, 2011, the Florida House of Representatives rejected twenty-eight amendments (bar codes 043519, 109975, 119033, 175607, 180219, 190769, 249793, 405447, 438367, 445369, 475819, 507319, 568037, 579849, 603605, 608411, 631401, 639997, 694533, 708581, 717639, 749367, 774215, 873363, 932721, 952539, 955539, 981135. 35. On April 21, 2011, the Florida House of Representatives conducted its third reading of, and held a floor debate on, the then-current version of HB 1355. A true and correct transcription of the portion of the April 21, 2011 Florida House of Representatives floor debate relating to HB 1355 will be submitted as Exhibit 22. 36. On April 21, 2011, the Florida House of Representatives approved HB 1355 by a vote of 79 to 37. A true and correct copy of this version of HB 1355 will be submitted as Exhibit 23. 37. On April 26, 2011, the Senate Budget Committee held a hearing on SB 2086. A true and correct transcription of the portion of the April 26, 2011 Senate Budget Committee Hearing relating to SB 2086 will be submitted as Exhibit 24. 4
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 5 of 9 38. On April 26, 2011, the Senate Budget Committee approved a committee substitute for SB 2086 by a vote of thirteen to seven, and referred the bill to the full Senate. A true and correct copy of this version of SB 2086 will be submitted as Exhibit 25. 39. On April 26, 2011, the Florida House of Representatives sent HB 1355 to the Florida Senate. 40. On April 29, 2011, the Florida Senate received HB 1355 from the Florida House of Representatives. 41. On April 29, 2011, HB 1355 was referred to the Senate Rules Subcommittee on Ethics and Elections, the Senate Rules Committee, and the Senate Budget Committee. 42. On May 4, 2011, HB 1355 was withdrawn from the Senate Rules Subcommittee on Ethics and Elections, the Senate Rules Committee, and the Senate Budget Committee. 43. On May 4, 2011, the Florida Senate conducted its second reading of, and held a floor debate on, the then-current versions of SB 2086 and HB 1355. A true and correct transcription of the portion of the May 4, 2011 Florida Senate floor debate relating to SB 2086 and HB 1355 will be submitted as Exhibit 26. 44. On May 4, 2011, the Florida Senate adopted an amendment to SB 2086 (bar code 316406. A true and correct copy of this amendment will be submitted as Exhibit 27. 45. On May 4, 2011, the Florida Senate substituted HB 1355 for SB 2086 and laid SB 2086 on the table. 46. On May 4, 2011, the Florida Senate adopted an amendment to HB 1355 (bar code 404618 and rejected several other amendments to HB 1355. A true and correct copy of the adopted amendment will be submitted as Exhibit 19. 47. On May 5, 2011, the Florida Senate conducted its third reading of, and held floor debate on, the then-current version of HB 1355. A true and correct transcription of the portion of the May 5, 2011 Florida Senate floor debate relating to HB 1355 will be submitted as Exhibit 28. 48. On May 5, 2011, the Florida Senate adopted an amendment to HB 1355 (bar code 167836. A true and correct copy of this amendment will be submitted as Exhibit 29. 49. On May 5, 2011, the Florida Senate approved HB 1355 by a vote of 25 to 13. 50. On May 5, 2011, the Florida House of Representatives held a floor debate on HB 1355. A true and correct transcription of the portion of the May 5, 2011 Florida House of Representatives floor debate relating to HB 1355 will be submitted as Exhibit 30. 51. On May 5, 2011, the Florida House of Representatives rejected sixteen amendments to HB 1355 (bar codes 037853, 144699, 179779, 218337, 227265, 286421, 310969, 371263, 502783, 526727, 540289, 594583, 663199, 886471, 910767, 943795. 5
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 6 of 9 52. On May 5, 2011, the Florida House of Representatives approved HB 1355, as amended by the Senate, by a vote of 77 to 38. 53. On May 6, 2011, HB 1355 was signed by House and Senate officers and presented to the Governor. 54. On May 19, 2011, Governor Scott signed HB 1355, which was subsequently codified as Chapter 2011-40, Laws of Florida ( Ch. 2011-40. Statements and Documents Related to the Act 55. On April 5, 2011, the Florida State Association of Supervisors of Elections issued a public statement concerning HB 1355. A true and correct copy of this statement will be submitted as Exhibit 31. 56. On April 18, 2011, the Florida State Association of Supervisors of Elections issued a memorandum to Senator Diaz de la Portilla, et al., concerning SB 2086. A true and correct copy of this statement will be submitted as Exhibit 32. 57. On April 29, 2011, the Florida State Association of Supervisors of Elections issued a public statement concerning SB 2086. A true and correct copy of this statement will be submitted as Exhibit 33. 58. On May 2, 2011, Senator Nan Rich issued a press release concerning SB 2086. A true and correct copy of this press release will be submitted as Exhibit 34. 59. On May 16, 2012, Senator Diaz de la Portilla issued a press release concerning HB 1355. A true and correct copy of this press release will be submitted as Exhibit 35. 60. On May 25, 2011, Representative Baxley sent a letter to Governor Scott regarding HB 1355. A true and correct copy of this letter will be submitted as Exhibit 36. 61. On June 21, 2011, the Democratic Caucus of the Florida House of Representatives sent a letter to Chris Herren, Chief, Voting Section, Civil Rights Division, U.S. Department of Justice. A true and correct copy of this letter will be submitted as Exhibit 37. 62. On July 22, 2011, Tampa Mayor Bob Buckhorn sent a letter to U.S. Attorney General Eric Holder. A true and correct copy of this letter will be submitted as Exhibit 38. 6
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 7 of 9 Respectfully submitted, For the Plaintiffs: /s/ William S. Consovoy WILLIAM S. CONSOVOY DANIEL E. NORDBY J. MICHAEL CONNOLLY ASHLEY E. DAVIS Wiley Rein LLP Florida Department of State 1776 K St., NW R.A. Gray Building Washington, DC 20006 500 S. Bronough Street wconsovoy@wileyrein.com Tallahassee, FL 32399-0250 mconnolly@wileyrein.com daniel.nordby@dos.myflorida.com ashley.davis@dos.myflorida.com
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 8 of 9 Respectfully submitted, RONALD C. MACHEN, JR. United States Attorney District of Columbia THOMAS E. PEREZ Assistant Attorney General Civil Rights Division /s/ Elise Sandra Shore T. CHRISTIAN HERREN, JR. JOHN ALBERT RUSS IV ELISE SANDRA SHORE CATHERINE MEZA ERNEST A. MCFARLAND Attorneys, Voting Section Civil Rights Division United States Department of Justice 950 Pennsylvania Ave. NW Room NWB-7254 Washington, D.C. 20530 Telephone: (202 305-0070 Facsimile: (202 307-3961
Case 1:11-cv-01428-CKK-MG-ESH Document 77-1 Filed 03/02/12 Page 9 of 9 For Defendant-Intervenors: /s/ Arthur B. Spitzer Arthur B. Spitzer American Civil Liberties Union of the Nation s Capital 1400 20 th St. NW, Ste. 119 Washington, D.C. 20036 Tel: 202-457-0800 Fax 202-452-1868 art@aclu-nca.org M. Laughlin McDonald American Civil Liberties Union Foundation, Inc. 230 Peachtree St. NW Ste. 1440 Atlanta, GA 30303-1227 Tel: (404 523-2721 lmcdonald@aclu.org Randall Marshall American Civil Liberties Union Foundation of Florida, Inc. 4500 Biscayne Blvd. Ste. 340 Miami, FL 33137 Tel: (786 363-2700 Fax: (786 363-1108 rmarshall@aclufl.org Estelle H. Rogers Project Vote 1350 Eye St., NW, Suite 1250 Washington, DC 20005 Tel: 202-546-4173 x.310 erogers@projectvote.org Counsel for the Sullivan Group /s/ John Payton John Payton Debo P. Adegbile Ryan P. Haygood Dale E. Ho Natasha M. Korgaonkar NAACP Legal Defense and Educational Fund, Inc. 99 Hudson St., Ste. 1600 New York, New York 10013 Tel: (212 965-2200 jpayton@naacpldf.org Counsel for the NAACP Group /s/ Mark A. Posner Jon M. Greenbaum Mark A. Posner Lawyers Committee for Civil Rights Under Law 1401 New York Ave. NW Ste. 400 Washington, D.C. 20005 Tel: (202 662-8389 Fax: (202 628-2858 mposner@lawyerscommittee.org Wendy Weiser Diana Kasdan Lee Rowland The Brennan Center for Justice at NYU School of Law 161 Ave. of the Americas, Fl. 12 New York, NY 10013-1205 Tel: (646 292-8310 Fax: (212 463-7308 lee.rowland@nyu.edu Daniel C. Schwartz Rodney F. Page Alec W. Farr Daniel T. O Connor Nicholas S. Sloey Ian L. Barlow Bryan Cave LLP 1155 F St. NW, Ste. 700 Washington, D.C. 20004 Tel: (202 508-6000 Fax: (202 508-6200 dcschwartz@bryancave.com Counsel for the NCLR Group