Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 1 of 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF SOUTH CAROLINA, v. Plaintiff, UNITED STATES OF AMERICA and ERIC H. HOLDER, JR., in his official capacity as Attorney General, Case No. 1:12-cv-203 (CKK, BMK, JDB) Defendants, and, JAMES DUBOSE, et al., Defendant- Intervenors. DEFENDANT-INTERVENORS REQUEST FOR JUDICIAL NOTICE AS TO THE COUNTY ELECTIONS AND VOTER REGISTRATION OFFICES DAYS AND HOURS OF OPERATIONS
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 2 of 10 Pursuant to Federal Rule of Evidence 201 ( Rule 201 ), Defendant-Intervenors respectfully request that this Court take judicial notice of the days and hours of operation for county voter registration and elections offices. 1 I. FACTS NOT SUBJECT TO REASONABLE DISPUTE Rule 201 permits a court, as here, to take judicial notice of facts that are not subject to reasonable dispute because they can be accurately and readily determined from sources whose accuracy cannot be reasonably questioned. Fed. R. Evid. 201(b). Under Rule 201, courts may properly take judicial notice of matters such as operating hours for businesses and governmental offices. Friedrich v. Chicago, 619 F. Supp. 1129, 1146 (N.D. Ill. 1985) (taking judicial notice that [s]tores close at 5 p.m. on Sunday under Fed. R. Civ. P. 201(b)(2)); O Connor v. Shelly, No. 11-cv-22, 2011 WL 5570655, at *3 (D.Or. Nov. 15, 2011.) ( Most would agree that typical government buildings containing business offices are open Monday through Friday, and I take judicial notice of that fact. ). Under Rule 201, courts may likewise take judicial notice of information posted on government websites. See, e.g., Daniels-Hall v. Nat'l Educ. Ass n., 629 F.3d 992, 998-99 (9th Cir. 2010) (taking judicial notice of information posted on government website, the accuracy of which was undisputed). Pursuant to Rule 201, Defendant-Intervenors therefore respectfully request that this Court take judicial notice of the regular operating days and hours for county voter registration and elections offices for South Carolina s forty-six counties. Defendant-Intervenors obtained this information by the process described in the Szabo Affidavit, 7-10, attached as Exhibit A, and from the sources identified in Exhibit B. 1 The State did not respond to Defendant-Intervenors offer to stipulate to these facts. -2-
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 3 of 10 1. Abbeville County: The county voter registration and elections office is regularly open 2. Aiken County: The county voter registration and elections office is regularly open 3. Allendale County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 4. Anderson County: The county voter registration and elections office is regularly open 5. Bamberg County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 6. Barnwell County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 7. Beaufort County: The county voter registration and elections main office, located at 5 John Galt Road in Beaufort is regularly open Monday through Friday, from 8 a.m. to 5 p.m. The county voter registration and elections satellite office, located at 61-B Ulmer Road in Blufton, is regularly open Monday through Friday from 9 a.m. to 1 pm and 2:30 pm to 4 pm. 8. Berkeley County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 9. Calhoun County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 10. Charleston County: The county voter registration and elections office is regularly open -3-
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 4 of 10 11. Cherokee County: The county voter registration and elections office is regularly open 12. Chester County: The county voter registration and elections office is regularly open 13. Chesterfield County: The county voter registration and elections office is regularly open 14. Clarendon County: The county voter registration and elections office is regularly open 15. Colleton County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. 16. Darlington County: The county voter registration and elections office is regularly open 17. Dillon County: The county voter registration and elections office is regularly open 18. Dorchester County: The county voter registration and elections office is regularly open 19. Edgefield County: The county voter registration and elections office is regularly open 20. Fairfield County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 21. Florence County: The county voter registration and elections office is regularly open -4-
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 5 of 10 22. Georgetown County: The county voter registration and elections office is regularly open 23. Greenville County: The county voter registration and elections office is regularly open 24. Greenwood County: The county voter registration and elections office is regularly open 25. Hampton County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. 26. Horry County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. 27. Jasper County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 28. Kershaw County: The county voter registration and elections office is regularly open 29. Lancaster County: The county voter registration and elections office is regularly open 30. Laurens County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 31. Lee County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 32. Lexington County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. -5-
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 6 of 10 33. Marion County: The county voter registration and elections office is regularly open 34. Marlboro County: The county voter registration and elections office is regularly open 35. McCormick County: The county voter registration and elections office is regularly open Monday through Friday, from 9 a.m. to 5 p.m. 36. Newberry County: The county voter registration and elections office is regularly open 37. Oconee County: The county voter registration and elections office is regularly open 38. Orangeburg County: The county voter registration and elections office is regularly open 39. Pickens County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. On election days, the county office is open from 7 am until 7 pm. 40. Richland County: The county voter registration and elections office is regularly open 41. Saluda County: The county voter registration and elections office is regularly open 42. Spartanburg County: The county voter registration and elections office is regularly open 43. Sumter County: The county voter registration and elections office is regularly open -6-
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 7 of 10 44. Union County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. 45. Williamsburg County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. 46. York County: The county voter registration and elections office is regularly open Monday through Friday, from 8 a.m. to 5 p.m. CONCLUSION Defendant-Intervenors respectfully request that this Court take judicial notice of the above facts pursuant to Federal Rule of Evidence 201, as they are not subject to reasonable dispute. Dated: August 22, 2012 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 AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. 230 Peachtree Street, N.W., Suite 1440 Atlanta, GA 30303-1227 (404) 523-2721 -7- Respectfully submitted, /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)
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 8 of 10 (404) 653-0331 (fax) 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) THE CAMPAIGN LEGAL CENTER 215 E. Street, NE Washington, D.C. 20002 ghebert@campaignlegalcenter.org Attorneys for Defendant-Intervenors James 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 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 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 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. Victor L. Goode NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE -8-
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 9 of 10 4805 Mt. Hope Dr. Baltimore, MD 21215 Counsel for Defendant-Intervenors South Carolina State Conference of the NAACP, et al. -9-
Case 1:12-cv-00203-CKK-BMK-JDB Document 224 Filed 08/22/12 Page 10 of 10 CERTIFICATE OF SERVICE I certify that on August 22, 2012, I filed the foregoing Request for Judicial Notice, through the Court s electronic filing system, which will provide notice to all parties. /s/ Theodore A.B. McCombs Theodore A.B. McCombs
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