Litigation Update BRIAN LIVECCHI SPECIAL COUNSEL Litigation Update

Litigation Update BRIAN LIVECCHI, SPECIAL COUNSEL

Litigation Update �The last time we were all together at the conference in August, we were waiting for a ruling on the Plaintiffs’ request for a preliminary injunction. �The District Court was going to rule on whether the compacted early voting period, repeal of same-day registration, and pre-registration should be enjoined from going into effect until after the trial. �August 6 -7, 2014

Litigation Update �On the following day, August 8, we finally heard from the court. �In a 125 page opinion, the District Court ruled that there would be no preliminary injunction, because the Plaintiffs had not shown a likelihood of succeeding on the merits of their claims, or they had failed to show that they would suffer irreparable harm if no injunction was ordered.

Litigation Update �Ten days later, on August 18, the Plaintiffs appealed the District Court’s ruling to the U. S. Court of Appeals for the Fourth Circuit. �Oral arguments before the Fourth Circuit were held on September 25, 2014. �Less than two weeks later, on October 1, the Fourth Circuit overturned the ruling of the District Court in a 2 -1 decision.

Litigation Update �A petition to the U. S. Supreme Court was filed by our litigation team almost immediately, on Oct. 2. �The Supreme Court gave the Plaintiffs until Oct. 5 to respond. �On October 8, the Supreme Court overturned the Fourth Circuit’s ruling in a 7 -2 decision. �On October 23, about two weeks later, early voting began.

Litigation Update 2010 General Election Number of one-stop voting sites 296 Cumulative one-stop voting hours 26, 579. 5 Aggregate number of one-stop 3, 402 voting days Number of counties offering one 34 stop voting on at least two Saturdays Aggregate number of Saturdays one-stop sites open (counting 427 each day that each site is open on a Saturday) Number of counties offering one 7 stop voting on Sundays Aggregate number of Sundays one-stop sites open (counting 39 each day that each site is open on a Sunday) Number of counties offering evening hours for one-stop voting 52 (after 5 p. m. ) Number of evening hours offered 2, 201. 5 for one‑stop voting (after 5 p. m. ) 2014 General Election 366 25, 735. 5 Percent change +23. 6% -3. 2% 3, 014 -11. 4% 80 +135% 592 +38. 6% 10 +42. 9% 46 +17. 9% 98 +88. 5% 3, 629 +64. 8%

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Litigation Update

Litigation Update This is where we have been. Where are we now? Entering next round of discovery. We will be providing information and data that is requested by the Plaintiffs. As you might expect based upon the turnout and demographic numbers I just shared with you, they will be paying particularly close attention to our numbers. This means that all of our data must be correct. It is absolutely imperative that we are all following good record-keeping procedures. This includes complying with the hold order that you should have all received. Do not discard any documents or data that might be relevant to the case! If you are new to your position, have questions, or just aren’t sure what I am talking about, please email me.

Litigation Update What will be needed from you? Thank you all for working to provide data for our survey on lines at polling places. There will be more. It is absolutely critical that you do your best to provide complete and accurate information.

Litigation Update

Litigation Update What will be needed from you? You can be confident that documents like this will find their way into the case, certainly in media reports, and possibly as exhibits. The only way we have to counteract the effects of these types of inflammatory reports is to have complete, accurate reports from our counties, and this means you. If you provided answers to our initial survey on lines, and your answers conflict with what Democracy NC says about lines, you can expect that someone is going to want to talk to you about that, and it may be as a witness. So, make sure what you are providing is thorough and unquestionably accurate.

Litigation Update What will be needed from you? In the end, you are the eyes and ears on the ground of the State Board, the Legislature, the Governor’s office, and the lawyers who are working on this case. You are the best way we have to gather information, which may become evidence, about elections and the voter experience. As we get closer to trial, which is set for July 2015, you can expect to hear more from me as we gather that evidence. We will be relying a great deal on you, and your help is much appreciated.

Litigation Update Questions?

Litigation Update Thank you. Brian P. Li. Vecchi | Special Counsel NC State Board of Elections brian. livecchi@ncsbe. gov 919. 715. 9188