in the united states district court for the district of ... · case 1:12-cv-00203-ckk-bmk-jdb...

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 BARBARA ZIA

Case 1:12-cv-00203-CKK-BMK-JDB Document 222 Filed 08/22/12 of 4

Defendant-Intervenors herewith submit the written direct testimony of Barbara Zia, with exhibits, pursuant to the Court’s Trial Procedures Order of August 7, 2012 (ECF No. 155).

Dated: August 21, 2012

Respectfully submitted,

/s/ Garrard R. Beeney_________________

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) [email protected] 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) [email protected] Susan Dunn AMERICAN CIVIL LIBERTIES UNION OF SOUTH CAROLINA P.O. Box 20998 Charleston, SC 29413 [email protected] J. Gerald Hebert (D.C. Bar No. 447676) CAMPAIGN LEGAL CENTER 215 E Street, NE Washington, DC 20002 (202) 736-2200 [email protected] Attorneys for Defendant-Intervenors James

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 [email protected] 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 [email protected] 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


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 [email protected] [email protected] 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.

[email protected] 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 [email protected] Counsel for Defendant-Intervenors the League of Women Voters of South Carolina, et al.


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 222-1 Filed 08/22/12 Page 1 of 12

EXHIBIT

A


Begin forwarded message:

From: JoAnne Day <~ahoo.com> Date: August 15, 2012 1:24:47 PM EDT To: Barbara Zia <[email protected]> Cc: Lynn Teague <~bellsouth.net> Subject: SC Election Commission letter Reply-To: JoAnne Day <vda~ahoo.com>

Attached is a scan of a letter from SC Election Commission requesting the League’s help in providing notaries for the photo id affidavits needing to be notarized for the upcoming election. Looks like they are anticipating voter id is going to clear or they are just getting a contingency plan in place.

JoAnne Day Vice President, Issues and Action LWVSC


August I 3,2012

Ms. Barbara Zia Co-Presidea~ Lcaaue of Women Voter~ PO Box 8453 Cc k~.mbia, SC 29202

Dear Ms, Zia:

I am writing "~o request assistance from your organization in. preparation ~br the 2012 genera! el.ecfion in South Carolina. As you Imow, the State of Somh Carolina is currently seeking judicial precIearance of the South Carolina Voter [D law. [if this law is precleared prior to t!~e general election, the State Eteefion Commission will be responsible for its ~mplememafion prior to and durir..g the election. One of the requirements of the law provides fl~a~ registered ",,criers wl~o lack pl~oto ~dentification will be allowed to cast a provisional balio-t afier submiitfing an affidavit confirming the reaso~able impediment that _pre~’ente-d ~hem from 0b~aining suct~ idemification. Under South Carolina law’, such an aft~davi~ must be n.otarized, which of cottrse requires a nmary public,

This is where your organizmion can step in to help ensure a smooth and orderly process on elec~irm day. [ am calling or~ you to con.tact the people witNn your organization to determine (a) who is a registered notary ptMic in South Carotina, and (b) who will be willing t.o serve as a poll worker or "vo!unteer no’~ary" at polling places on election day in the e~."ent that the Voter liD law will be implemented.

Please respond to fi~e Sta~e Election Commission wi,h your list of votun.teer notaries and tbeir counties of residence on or before Se~tember 15, 2012 Thank you in advance for your assistance and .vo~ar w{!!.ingness to provide volunteers for this important effort.

Sincerely,

Marci Andi.no


EXHIBIT

B


Begin forwarded message:

From: Barbara Zia <[email protected]> Date: August 17, 2012 7:29:20 PM EDT To: Marci Andino <[email protected]#N> Cc: LWV South Carolina - Barbara Zia <[email protected]> Subject: SC Election Commission letter

Dear Marci, Thank you for your letter. As you know, LWVSC is an intervenor in South Carolina v Holder. But the request for League members who are registered notaries to volunteer their time is basically separate from the litigation; so this is only a question of whether there are League members who could do this.

In the very unfortunate event that the law is precleared and there is an attempt to implement it, it would probably be helpful for different groups to provide volunteer notaries but again, for the League, it depends on the actual ability of members to do this.

We do not keep records of whether our members are registered notaries. It’s likely that members who are notaries are employed and unavailable to volunteer their services on Election Day. However, we will be happy to put out a call to members. In the event some want to volunteer it would be helpful for them to contact SEC or their county election offices directly, as our staff resources are insufficient to coordinate volunteers for this effort.

A related question, in the event that photo ID is implemented--If a voter lacks a requisite ID, claims a reasonable impediment, submits an affidavit and casts a provisional ballot, will that voter need to appear and produce a required photo id at her/his county election office before the election is certified in order to have that vote counted?

Thanks again.

Best regards, Barbara


Barbara Zia

Co-President

League of Women Voters of South Carolina

PO Box 8453

Columbia, SC 29202

803-251-2726

The League of Women Voters" is where hands-on work to safeguard democracy leads to civic improvement. Visit _w__w___w__=l__w__v_?:c_~_o_£g to join the League and help keep our communities"

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