Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 1 of 44
CLOSED,CONSOLIDATED,LEAD_CASE
U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:19−cv−00074−FB

Texas League of United Latin American Citizens et al v. Whitley et al Assigned to: Judge Fred Biery Cause: 42:1973 Voting Rights Act
Plaintiff

Date Filed: 01/29/2019 Date Terminated: 04/29/2019 Jury Demand: Defendant Nature of Suit: 441 Civil Rights: Voting Jurisdiction: Federal Question

Texas League of United Latin American Citizens

represented by Luis Roberto Vera , Jr. Law Offices of Luis Roberto Vera, Jr. 1325 Riverview Towers 111 Soledad San Antonio, TX 78205−2260 210−225−3300 Fax: 210−225−2060 Email: lrvlaw@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Molly Danahy Campaign Legal Center 1411 K Street NW, Suite 1400 Washington, DC 20005 202−736−2200 Fax: 202−736−2222 Email: mdanahy@campaignlegalcenter.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chad W. Dunn Brazil & Dunn 4407 Bee Caves Road Building 1, Suite 111 Austin, TX 78746 512/717−9822 Fax: 512/515−9355 Email: chad@brazilanddunn.com ATTORNEY TO BE NOTICED

Danielle M. Lang Campaign Legal Center 1411 K Street, NW, Suite 1400 Washington, DC 20005 (202) 736−2200 Fax: (202) 736−2222 Email: dlang@campaignlegalcenter.org ATTORNEY TO BE NOTICED

David R. Richards Richards Rodriguez & Skeith, LLP 816 Congress, Suite 1200 Austin, TX 78701 (512)476−0005 Fax: (512)476−1513 Email: davidr@rrsfirm.com ATTORNEY TO BE NOTICED

K. Scott Brazil Brazil & Dunn

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13231 Champion Forest Dr. Suite 406 Houston, TX 77069 (281)580−6310 Fax: (281)580−6362 Email: scott@brazilanddunn.com ATTORNEY TO BE NOTICED

Mark P. Gaber Mark P. Gaber, Esq. PO Box 34481 Washington, DC 20043 715−482−4066 Email: mark.gaber@gmail.com ATTORNEY TO BE NOTICED

Max Renea Hicks Law Office of Max Renea Hicks P. O. Box 303187 Austin, TX 78703 (512) 480−8231 Email: rhicks@renea−hicks.com ATTORNEY TO BE NOTICED

Plaintiff
National League of United Latin American Citizens

represented by Luis Roberto Vera , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Molly Danahy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chad W. Dunn (See above for address) ATTORNEY TO BE NOTICED

Danielle M. Lang (See above for address) ATTORNEY TO BE NOTICED

David R. Richards (See above for address) ATTORNEY TO BE NOTICED

K. Scott Brazil (See above for address) ATTORNEY TO BE NOTICED

Mark P. Gaber (See above for address) ATTORNEY TO BE NOTICED

Max Renea Hicks (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Julie Hilberg individually and on behalf of others similarly situated

represented by Luis Roberto Vera , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Molly Danahy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chad W. Dunn (See above for address) ATTORNEY TO BE NOTICED
Danielle M. Lang (See above for address) ATTORNEY TO BE NOTICED
David R. Richards (See above for address) ATTORNEY TO BE NOTICED
K. Scott Brazil (See above for address) ATTORNEY TO BE NOTICED
Mark P. Gaber (See above for address) ATTORNEY TO BE NOTICED
Max Renea Hicks (See above for address) ATTORNEY TO BE NOTICED

V.
Consol Plaintiff
Julieta Garibay TERMINATED: 04/29/2019

represented by Alejandra Avila Mexican American Legal Defense & Education Fund 110 Broadway, Suite 300 San Antonio, TX 78205 210−224−5476 Fax: 210−224−5382 Email: aavila@maldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chiraag Bains Demos 740 6th Street NW, Second Floor Washington, DC 20001 202−864−2746 Email: cbains@demos.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eri Andriola Asian Americans Advancing Justice−AAJC 1620 L Street, NW, Suite 1050 Washington, DC 20036 202−815−5091 Fax: 202−296−2318 Email: eandriola@advancingjustice−aajc.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Ernest I. Herrera Mexican American Legal Defense and Educational Fund 110 Broadway, Suite 300 San Antonio, TX 78205 210−224−5476 Fax: 210−224−5382 Email: eherrera@maldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry Vattamala Asian American Legal Defense and Education Fund 99 Hudson Street, 12th Floor New York, NY 10013 212−966−5932 Fax: 212−966−4303 Email: jvattamala@aaldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Paul Salmon 1801 San Pedro Ave. San Antonio, TX 78212 4692268741 Email: jacksalmon02@yahoo.com TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales MALDEF [Mexican American Legal Defense & Educational Fund] 110 Broadway Street, #300 San Antonio, TX 78205 (210) 224−5476 Fax: 210/224−5382 Email: nperales@maldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Niyati Shah Asian Americans Advancing Justice−AAJC 1620 L Street, NW Suite 1050 Washington, DC 20036 202−815−1980 Fax: 202−296−2318 Email: nshah@advancingjustice−aajc.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia Yan Asian American Legal Defense and Education Fund 99 Hudson Street, 12th Floor New York, NY 10013 212−966−5932 Fax: 212−966−4303 Email: pyan@aaldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Consol Plaintiff

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Maria Yolisma Garcia TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Lorena Tule−Romain TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Abraham Josue Espinosa Flores TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Viridiana Tule Carrizales TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Efren Gomez TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Consol Plaintiff
Elena Keane TERMINATED: 04/29/2019

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jerry Vattamala

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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Southwest Voter Registration Education Project TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Mi Familia Vota Educational Fund TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
La Union De Pueblo Entero, Inc. TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY

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ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Jane Doe #2 TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
UnidosUS TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan

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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Jane Doe #1 TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Maria Felicitas Barbosa TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address)

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LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
MOVE Texas Civic Fund TERMINATED: 04/29/2019

represented by Andre I. Segura ACLU Foundation of Texas, Inc. P.O. Box 8306 Houston, TX 77288 713−942−8146 Fax: 713−942−8966 Email: asegura@aclutx.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brenda Wright Demos 80 Broad Street, 4th Floor New York, NY 10004 646−948−1621 Email: bwright@demos.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan Downes Lawyers Committee for Civil Rights Under Law 1500 K St. NW, Suite 900 Washington, DC 20005 202−662−8600 Email: bdownes@lawyerscommittee.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Brian Klosterboer ACLU of Texas PO Box 8306 Houston, TX 77288 713−942−8146 Email: bklosterboer@aclutx.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dale E. Ho American Civil Liberties Union 125 Broad St 18th Fl New York, NY 10004 212−519−7836 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edgar Saldivar ACLU of Texas P.O. Box 8306 Houston, TX 77288 7133257011 Fax: 7139428966 Email: esaldivar@aclutx.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ezra D Rosenberg Lawyers Committee for Civil Rights Under Law 1500 K Street, NW, Suite 900 Washington, DC 20005 (202) 662−8600 Email: erosenberg@lawyerscommittee.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Nwachukwu Lawyers' Committee for Civil Rights Under Law 1500 K Street NW, Suite 900 Washington, DC 20005 202−662−8600 Email: jnwachukwu@lawyerscommittee.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joaquin Robert Gonzalez Texas Civil Rights Project 1405 Montropolis Drive Austin, TX 78741 512−474−5073 Fax: 512−474−0726 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon M. Greenbaum Lawyers' Committee for Civil Rights

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Under Law 1500 K St. NW, Suite 900 Washington, DC 20005 202−662−8600 Email: jgreenbaum@lawyerscommittee.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mimi M.D. Marziani Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741 512−474−5073 x108 Fax: 512−474−0726 Email: mimi@texascivilrightsproject.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca E. Harrison Stevens Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741 512−474−5073 Fax: 512−474−0726 Email: beth@texascivilrightsproject.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sophia Lin Lakin American Civil Liberties Union Foundation, Inc. 125 Broad Street, 18th Floor New York, NY 10004 212−519−7836 Fax: 212−549−2654 Email: slakin@aclu.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart Naifeh Demos 80 Broad Street, 4th Floor New York, NY 10004 212−485−6055 Email: snaifeh@demos.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Paul Buser−Clancy ACLU of Texas P.O. Box 8306 Houston, TX 77288 713−325−7011 Fax: 713−942−8966 Email: tbuser−clancy@aclutx.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
JOLT Initiative TERMINATED: 04/29/2019

represented by Andre I. Segura (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Brenda Wright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brendan Downes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian Klosterboer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dale E. Ho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edgar Saldivar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ezra D Rosenberg (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Nwachukwu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joaquin Robert Gonzalez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon M. Greenbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mimi M.D. Marziani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rebecca E. Harrison Stevens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sophia Lin Lakin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Consol Plaintiff
League of Women Voters of Texas TERMINATED: 04/29/2019

Stuart Naifeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Paul Buser−Clancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andre I. Segura (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brenda Wright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brendan Downes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian Klosterboer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dale E. Ho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edgar Saldivar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ezra D Rosenberg (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Nwachukwu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joaquin Robert Gonzalez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon M. Greenbaum

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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mimi M.D. Marziani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rebecca E. Harrison Stevens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sophia Lin Lakin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stuart Naifeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas Paul Buser−Clancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Texas State Conference of NAACP Units TERMINATED: 04/29/2019

represented by Andre I. Segura (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brenda Wright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan Downes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian Klosterboer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dale E. Ho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edgar Saldivar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Consol Plaintiff
Nivien Saleh TERMINATED: 04/29/2019

Ezra D Rosenberg (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Nwachukwu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joaquin Robert Gonzalez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon M. Greenbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mimi M.D. Marziani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rebecca E. Harrison Stevens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sophia Lin Lakin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stuart Naifeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Paul Buser−Clancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andre I. Segura (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brenda Wright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brendan Downes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brian Klosterboer

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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Dale E. Ho (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edgar Saldivar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ezra D Rosenberg (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Nwachukwu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joaquin Robert Gonzalez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon M. Greenbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mimi M.D. Marziani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rebecca E. Harrison Stevens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sophia Lin Lakin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stuart Naifeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Paul Buser−Clancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 22 of 44

Consol Plaintiff Hilda Castillo TERMINATED: 04/29/2019
Consol Plaintiff Martine Hummel TERMINATED: 04/29/2019
Consol Plaintiff Jane Doe #3 TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ernest I. Herrera (See above for address)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 23 of 44

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
John Doe #1 TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Eri Andriola (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jerry Vattamala (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 24 of 44

ATTORNEY TO BE NOTICED

Niyati Shah (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patricia Yan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Organization of Chinese Americans−Greater Houston TERMINATED: 04/29/2019

represented by Alejandra Avila (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) TERMINATED: 04/05/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

V.
Defendant
David Whitley in his official capacity as Texas Secretary of State

represented by Christopher D. Hilton Office of the Attorney General of Texas P O Box 12548 Capital Station Austin, TX 78701 512−463−2120 Fax: 512−320−0667 Email: christopher.hilton@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Christopher Toth Office of the Texas Attorney General 209 W. 14th St., 8th Floor Austin, TX 78701 (512) 936−0631 Email: michael.toth@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Patrick K. Sweeten Texas Attorney General 300 West 15th St. − 9th Flr Austin, TX 78701 (512) 936−1307 Fax: 512/499−0712

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 25 of 44

Email: Patrick.Sweeten@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rola Daaboul Office of the Attorney General P.O. Box 12548, Capital Station Austin, TX 78711 512−463−2120 Email: rola.daaboul@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd Lawrence Disher Office of the Attorney General of Texas P.O. Box 12548 Austin, TX 78711 512−936−2266 Email: todd.disher@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Ken Paxton in his official capacity as Attorney General of Texas TERMINATED: 03/27/2019

represented by Christopher D. Hilton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Christopher Toth (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick K. Sweeten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rola Daaboul (See above for address) TERMINATED: 03/27/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd Lawrence Disher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Judge Cheryl Johnson Voter Registrar for Galveston County, in her Official Capacity

represented by Jason Eric Magee Allison, Bass & Associates, LLP 402 W. 12th Street Austin, TX 78701 (512) 482−0701 Fax: (512) 495−9139 Email: e.magee@allison−bass.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold Allison Bass and Magee LLP 402 West 12th Street Austin, TX 78701

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 26 of 44
512−480−0701 Fax: 512−482−0902 Email: p.arnold@allison−bass.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barry C Willey Galveston County Legal Department 722 Moody, 5th Floor Galveston, TX 77550 409−770−5562 Fax: 409−770−5560 Email: barry.willey@co.galveston.tx.us TERMINATED: 04/11/2019 ATTORNEY TO BE NOTICED
Robert Barron Boemer Galveston County Legal Department Galveston County Courthouse 722 Moody, 5th Floor Galveston, TX 77550−2317 409−770−5562 Fax: 409−770−5560 Email: bob.boemer@co.galveston.tx.us TERMINATED: 04/11/2019 ATTORNEY TO BE NOTICED

V. Consol Defendant Greg Abbot in his Official Capacity as Governor or Texas TERMINATED: 04/29/2019
Consol Defendant Cheryl E Johnson in her Official Capacity as Galveston County Tax Assessor−Collector TERMINATED: 04/29/2019
Consol Defendant

represented by Patrick K. Sweeten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rola Daaboul (See above for address) ATTORNEY TO BE NOTICED
represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barry C Willey (See above for address) TERMINATED: 04/11/2019 ATTORNEY TO BE NOTICED
Robert Barron Boemer (See above for address) TERMINATED: 04/11/2019 ATTORNEY TO BE NOTICED
represented by

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 27 of 44

Kim Rinn in her Officail Capacity as Austin County Tax Assessor−Collector TERMINATED: 04/29/2019

Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Karen Nelson in her Official Capacity as Smith County Elections Administrator TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Laura Wise in her Official Capacity as Wood County Elections Administrator TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Keith Ingram Texas Director of Elections, in his Official Capacity TERMINATED: 04/29/2019

represented by Patrick K. Sweeten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rola Daaboul (See above for address) ATTORNEY TO BE NOTICED

Consol Defendant
Pamela Ohlendorf in her Official Capacity as Elections Administrator for Caldwell County TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Terri Hefner Elections Administrator for Fayette County, in her Official Capacity TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 28 of 44

ATTORNEY TO BE NOTICED

Consol Defendant
Beth Rothermel County Clerk and Voter Registrar for Washington County, in her Official Capacity TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Janet Torres in her Official Capacity as District and County Clerk for Hansford County TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Elections Administrator for Harrison County TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Connie Brown in her Official Capacity as Angelina County Elections Administrator TERMINATED: 04/29/2019

represented by Charles Straith Frigerio Attorney at Law Riverview Towers 111 Soledad Suite 840 San Antonio, TX 78205 210/271−7877 Fax: 210/271−0602 Email: frigeriolaw1995@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hector Xavier Saenz Law Ofcs. Of Chas. S Frigerio Commerce Plaza Building 111 Soledad Suite 840 San Antonio, TX 78205 (210) 271−7877 Fax: 210/271−0602 Email: frigeriolaw1995@sbcglobal.net LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant

represented by

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 29 of 44

Gwenda L. Tschirhart in her Official Capacity as Bandera County Tax Assessor−Collector TERMINATED: 04/29/2019

Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Kristen Spies in her Official Capacity as Blanco County Tax Assessor−Collector TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Crystal Denman in her Official Capacity as Bosque County Tax Assessor−Collector TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Trudy Hancock in her Official Capacity as Brazos County Elections Administrator TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Kathryn Nealy in her Official Capacity as Gregg County Elections Administrator TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Bob Reeves in his Official Capacity as Kerr County Tax Assessor−Collector TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 30 of 44

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Vicki T. Vogel in her Official Capacity as Victoria County Elections Administrator TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Mary Hope Barrera in her Official Capacity as Willacy County Elections Administrator TERMINATED: 04/29/2019

represented by Jason Eric Magee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Philip Barr Arnold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant
Gayatri Vasan TERMINATED: 04/29/2019

represented by Christopher D. Hilton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Christopher Toth (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Patrick K. Sweeten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Rola Daaboul (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd Lawrence Disher (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant
Betsy Schonhoff TERMINATED: 04/29/2019

represented by Jennifer Settle Jackson Office of the Attorney General P.O. Box 12548 Austin, TX 78711−2548 512−463−9917 Fax: 512−477−2348 Email: jennifer.jackson@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 31 of 44

Date Filed 01/29/2019 01/29/2019 01/29/2019 02/01/2019 02/04/2019 02/04/2019 02/04/2019 02/04/2019 02/04/2019 02/04/2019
02/04/2019
02/04/2019
02/04/2019
02/04/2019

# Docket Text
THIS CASE HAS BEEN RANDOMLY ASSIGNED TO JUDGE FRED BIERY. (dtg) (Entered: 01/29/2019)
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney. (dtg) (Entered: 01/29/2019)
1 COMPLAINT (Filing fee $400.00 receipt number 500047794), filed by Texas League of United Latin American Citizens, National League of United Latin American Citizens. (Attachments: # 1 Civil Cover Sheet, # 2 Filing Fee Receipt)(dtg) (Entered: 01/29/2019)
2 FIRST AMENDED COMPLAINT against Ken Paxton, David Whitley amending 1 Complaint, filed by Texas League of United Latin American Citizens, National League of United Latin American Citizens, Julie Hilberg. (Attachments: # 1 Exhibit)(rg) (Entered: 02/04/2019)
3 REQUEST FOR ISSUANCE OF SUMMONS by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 02/04/2019)
4 Summons Issued as to Ken Paxton. (rg) (Entered: 02/04/2019)
5 Summons Issued as to David Whitley. (rg) (Entered: 02/04/2019)
6 MOTION to Appear Pro Hac Vice by Chad W. Dunn ( Filing fee $ 100 receipt number 0542−11718448) by on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 02/04/2019)
7 MOTION to Appear Pro Hac Vice by Chad W. Dunn ( Filing fee $ 100 receipt number 0542−11718485) by on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Dunn, Chad) (Entered: 02/04/2019)
8 MOTION for Preliminary Injunction by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Exhibit A: Pasternak Declaration and Exhibits, # 2 Exhibit B: Hilberg Declaration, # 3 Exhibit C: Elfant Declaration)(Vera, Luis) (Entered: 02/04/2019)
9 NOTICE of Attorney Appearance by Max Renea Hicks on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. Attorney Max Renea Hicks added to party Julie Hilberg(pty:pla), Attorney Max Renea Hicks added to party National League of United Latin American Citizens(pty:pla), Attorney Max Renea Hicks added to party Texas League of United Latin American Citizens(pty:pla) (Hicks, Max) (Entered: 02/04/2019)
10 MOTION to Certify Class by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Exhibit A: Hilberg Declaration, # 2 Exhibit B: Vera Declaration, # 3 Exhibit C: Hicks Declaration, # 4 Exhibit D: Dunn Declaration, # 5 Exhibit E: Richards Declaration, # 6 Exhibit F: Gaber Declaration)(Vera, Luis) (Entered: 02/04/2019)
11 ORDER GRANTING 6 Motion to Appear Pro Hac Vice for Attorney Mark P. Gaber and Danielle M. Lang for Julie Hilber, National League of United Latin American Citizens and Texas League of United Latin American Citizens. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 02/04/2019)
12 Proposed Order re Motion for Class Certification [ECF No. 10] by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens (Vera, Luis) Modified on 2/5/2019 (rg). (Entered: 02/04/2019)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 32 of 44

02/04/2019
02/05/2019
02/05/2019 02/05/2019 02/08/2019 02/11/2019 02/11/2019 02/11/2019 02/11/2019 02/11/2019 02/11/2019 02/13/2019
02/14/2019 02/14/2019
02/14/2019 02/18/2019
02/18/2019

13 ORDER SETTING NOTICE TO APPEAR FOR HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION − Set Motion Hearing for 8 MOTION for Preliminary Injunction (Motion Hearing set for 2/19/2019 9:00 AM before Judge Fred Biery). Signed by Judge Fred Biery. (rg) (Entered: 02/05/2019)
14 SUMMONS Returned Executed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. David Whitley served on 2/4/2019, answer due 2/25/2019. (Dunn, Chad) Modified on 2/5/2019 (rg). (Entered: 02/05/2019)
Reset Deadlines: David Whitley answer due 2/25/2019. (rg) (Entered: 02/05/2019)
15 SUMMONS Returned Executed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. Ken Paxton served on 2/4/2019, answer due 2/25/2019. (Dunn, Chad) (Entered: 02/05/2019)
16 Unopposed MOTION for Extension of Time to File Response/Reply as to 8 MOTION for Preliminary Injunction by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order)(Daaboul, Rola) (Entered: 02/08/2019)
17 ORDER Advisory Concerning Planning for February 19 Hearing. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)
18 ORDER GRANTING 16 Motion for Extension of Time to File Response/Reply on or before February 14, 2019. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)
19 Unopposed MOTION for Leave to Exceed Page Limitation by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 02/11/2019)
20 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) by Ken Paxton, David Whitley. (Sweeten, Patrick) (Entered: 02/11/2019)
21 ADVISORY ORDER Regarding Defendant's Motion to Dismiss. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)
22 ORDER GRANTING 19 Motion for Leave to File Excess Pages. Signed by Judge Fred Biery. (rg) (Entered: 02/11/2019)
23 NOTICE of Filing Declaration of Lupe Torres (LULAC) in Support of Motion for Preliminary Injunction by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens (Attachments: # 1 Affidavit of Lupe Torres (LULAC))(Vera, Luis) (Entered: 02/13/2019)
24 ADVISORY TO THE COURT by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 02/14/2019)
25 Response in Opposition to Motion, filed by Ken Paxton, David Whitley, re 8 MOTION for Preliminary Injunction filed by Plaintiff Texas League of United Latin American Citizens, Plaintiff Julie Hilberg, Plaintiff National League of United Latin American Citizens (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 02/14/2019)
26 RESPONSE to 17 Order by Ken Paxton, David Whitley. (Sweeten, Patrick) (Entered: 02/14/2019)
27 Response in Opposition to Motion, filed by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens, re 20 MOTION to Dismiss Under Rules 12(b)(1) and 12(b)(6) filed by Defendant David Whitley, Defendant Ken Paxton (Attachments: # 1 Exhibit 1: 2/15/19 K. Ingram Email, # 2 Proposed Order)(Vera, Luis) (Entered: 02/18/2019)
28 REPLY to Response to Motion, filed by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens, re 8 MOTION for Preliminary Injunction filed by Plaintiff Texas League of United Latin American Citizens, Plaintiff Julie Hilberg, Plaintiff National League of United Latin American Citizens (Attachments: # 1 Exhibit Compilation of County Activity)(Vera, Luis) (Entered: 02/18/2019)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 33 of 44

02/18/2019 02/18/2019 02/18/2019 02/19/2019 02/19/2019 02/19/2019 02/20/2019
02/20/2019
02/20/2019 02/20/2019 02/21/2019 02/21/2019

29 Opposed MOTION to Exclude Certain Evidence and Witnesses or to Continue the Hearing on Plaintiffs' Motion for Preliminary Injunction by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Sweeten, Patrick) (Entered: 02/18/2019)
30 Opposed MOTION for Protective Order Entry of Confidentiality and Protective Order by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Sweeten, Patrick) (Entered: 02/18/2019)
31 Opposed MOTION for Protective Order Joinder to Defendants' Motion for Entry of Confidentiality and Protective Order by Gayatri Vasan. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 02/18/2019)
32 Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing held on 2/19/2019 re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 02/20/2019)
"Oral" ORDER DENYING 29 Defendants' Motion to Exclude Certain Evidence and Witnesses; DENYING to continue hearing on Plaintiffs' Motion for Preliminary Injunction by Judge Fred Biery. (kh) (Entered: 02/21/2019)
"Oral" ORDER by Judge Fred Biery GRANTING 30 Motion for Protective Order; GRANTING 31 Motion for Protective Order subject to modification by the Court. (kh) (Entered: 02/22/2019)
33 Transcript filed of Proceedings held on 2/19/2019, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: 210−244−5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/13/2019, Redacted Transcript Deadline set for 3/25/2019, Release of Transcript Restriction set for 5/21/2019, (Poage, Chris) (Entered: 02/20/2019)
34 Transcript filed of Proceedings held on 2/20/2019, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: 210−244−5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/13/2019, Redacted Transcript Deadline set for 3/25/2019, Release of Transcript Restriction set for 5/21/2019, (Poage, Chris) (Entered: 02/20/2019)
37 Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing Continued and held on 2/20/2019 re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 02/21/2019)
63 MOTION for Leave to File Second Amended Complaint by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (rg) (Entered: 02/28/2019)
35 ORDER. Signed by Judge Fred Biery. (mgr) (Entered: 02/21/2019)
36 ADVISORY TO THE COURT by Betsy Schonhoff. (Jackson, Jennifer) (Entered: 02/21/2019)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 34 of 44

02/22/2019 02/22/2019
02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019
02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019

38 ORDER re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens. Motion Hearing set for 2/25/2019 09:00 AM before Judge Fred Biery. Signed by Judge Fred Biery. (kh) (Entered: 02/22/2019)
39 ORDER OF CONSOLIDATION − cause numbers SA−19−CA−74−FB, SA−19−CA−59−FB, and SA−19−CA−71−FB are CONSOLIDATED, and all future filings shall be made in the LEAD CASE SA−19−CA−74−FB. IT IS FURTHER ORDERED that cause numbers SA−19−CA−159−FB and SA−19−CA−171−FB are ADMINISTRATIVELY CLOSED pending further Order of this Court. Signed by Judge Fred Biery. (rg) (Entered: 02/22/2019)
40 MOTION to Appear Pro Hac Vice by Chad W. Dunn ( Filing fee $ 100 receipt number 0542−11798447) by on behalf of Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Proposed Order)(Dunn, Chad) (Entered: 02/22/2019)
41 ORDER (Setting Status/Scheduling Conference for 3/11/2019 9:00 AM before Judge Fred Biery). Signed by Judge Fred Biery. (rg) (Entered: 02/22/2019)
42 NOTICE of Request to Participate by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh (Clancy, Thomas) (Entered: 02/22/2019)
43 MOTION to Appear Pro Hac Vice by Rebecca Harrison Stevens for Joaquin Gonzalez ( Filing fee $ 100 receipt number 0542−11800400) by on behalf of MOVE Texas Civic Fund. (Attachments: # 1 Proposed Order)(Stevens, Rebecca) (Entered: 02/22/2019)
44 ADVISORY TO THE COURT by David Whitley. (Sweeten, Patrick) (Entered: 02/22/2019)
45 MOTION to Participate in Preliminary Injunction Hearing by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Lorena Tule−Romain, UnidosUS (Salmon, John) Modified on 2/25/2019 (rg). (Entered: 02/22/2019)
46 MOTION for Extension of Time to File Response/Reply to State Defendants' Motion to Dismiss by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order Granting Motion for Extension of Time to File Response)(Perales, Nina) (Entered: 02/22/2019)
47 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Sophia Lin Lakin ( Filing fee $ 100 receipt number 0542−11801216) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)
48 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Brendan Downes ( Filing fee $ 100 receipt number 0542−11801219) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)
49 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Ezra Rosenberg ( Filing fee $ 100 receipt number 0542−11801221) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)
50 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Jon Greenbaum ( Filing fee $ 100 receipt number 0542−11801225) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)
51 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Jennifer Nwachukwu ( Filing fee $ 100 receipt number 0542−11801227) by on behalf of JOLT Initiative,

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02/22/2019
02/23/2019 02/23/2019 02/25/2019 02/25/2019
02/25/2019
02/25/2019 02/26/2019
02/26/2019 02/26/2019

League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)
55 ORDER GRANTING 40 Motion to Appear Pro Hac Vice for Attorney Molly Danahy for Julie Hilberg,Molly Danahy for National League of United Latin American Citizens,Molly Danahy for Texas League of United Latin American Citizens. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 02/25/2019)
52 ADVISORY TO THE COURT by Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 02/23/2019)
53 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Stuart Naifeh ( Filing fee $ 100 receipt number 0542−11801322) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/23/2019)
54 RESPONSE in Opposition to Transferred Plaintiffs' Motions for Preliminary Injunction by Greg Abbot, Keith Ingram, Ken Paxton, David Whitley. (Sweeten, Patrick) (Entered: 02/25/2019)
56 NOTICE of Filing Supplemental Exhibit 84 to Garibay TRO by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS (Attachments: # 1 Exhibit 84 to Garibay TRO Application − Decl. of Remi Garza)(Perales, Nina) (Entered: 02/25/2019)
57 Transcript filed of Proceedings held on 2/25/2019, Proceedings Transcribed: Motion Hearing. Court Reporter/Transcriber: Chris Poage, Telephone number: 210−244−5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/18/2019, Redacted Transcript Deadline set for 3/28/2019, Release of Transcript Restriction set for 5/27/2019, (Poage, Chris) (Entered: 02/25/2019)
84 Minute Entry for proceedings held before Judge Fred Biery: Motion Hearing continued on 2/25/2019 re 8 MOTION for Preliminary Injunction filed by Texas League of United Latin American Citizens, Julie Hilberg, National League of United Latin American Citizens (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(kh) (Entered: 03/05/2019)
58 MOTION for Entry of Prohibitory Temporary Restraining Order against Galveston, Blanco, and Smith Counties by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Salmon, John) (Entered: 02/26/2019)
59 Unopposed MOTION for Leave to Exceed Page Limitation In Response to Defendants David Whitley and Keith Ingram's Motion to Dismiss by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Attachments: # 1 Proposed Order)(Buser−Clancy, Thomas) (Entered: 02/26/2019)
60 RESPONSE In Opposition to Keith Ingram and David Whitley's Motion to Dismiss,(#27 filed in Case SA−19−CV−171) filed by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, re 59 Unopposed MOTION for Leave to Exceed Page Limitation In Response to Defendants David Whitley and Keith Ingram's Motion to Dismiss filed by Consol Plaintiff JOLT

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 36 of 44

02/27/2019 02/27/2019 02/28/2019
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Initiative, Consol Plaintiff League of Women Voters of Texas, Consol Plaintiff Nivien Saleh, Consol Plaintiff MOVE Texas Civic Fund (Attachments: # 1 Proposed Order)(Buser−Clancy, Thomas) Modified on 2/27/2019 (rg). Modified on 2/27/2019 (rg). (Entered: 02/26/2019)
61 ORDER DENYING 20 Motion to Dismiss. Signed by Judge Fred Biery. (Attachments: # 1 Attachment A, # 2 Attachment B, # 3 Attachment C) (rg) (Entered: 02/27/2019)
62 ADVISORY TO THE COURT by Elections Administrator for Harrison County, Terri Hefner, Cheryl E Johnson, Karen Nelson, Pamela Ohlendorf, Kim Rinn, Beth Rothermel, Kirsten Spies, Janet Torres, Laura Wise. (Magee, Jason) (Entered: 02/27/2019)
64 ORDER REGARDING JOINT ADVISORY FROM COUNTY DEFENDANTS re 62 Advisory to the Court filed by Elections Administrator for Harrison County, Kirsten Spies, Laura Wise, Janet Torres, Pamela Ohlendorf, Karen Nelson, Cheryl E Johnson, Kim Rinn, Terri Hefner, Beth Rothermel.. Signed by Judge Fred Biery. (rg) (Entered: 02/28/2019)
65 ORDER GRANTING 63 Motion for Leave to File Second Amended Complaint. Signed by Judge Fred Biery. (rg) (Entered: 02/28/2019)
66 SECOND AMENDED COMPLAINT against Connie Brown, Gwenda L. Tschirhart, Kristen Spies, Crystal Denman, Trudy Hancock, Kathryn Nealy, Bob Reeves, Vicki T. Vogel, Mary Hope Barrera amending, filed by Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Elena Keane, Jane Doe #2, Mi Familia Vota Educational Fund, Maria Felicitas Barbosa, Efren Gomez, Julieta Garibay, Maria Yolisma Garcia, UnidosUS, Southwest Voter Registration Education Project, Jane Doe #1, Lorena Tule−Romain, La Union De Pueblo Entero, Inc.(rg) (Entered: 02/28/2019)
67 MOTION to Appear Pro Hac Vice by Thomas Paul Buser−Clancy for Brenda Wright ( Filing fee $ 100 receipt number 0542−11822964) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Buser−Clancy, Thomas) (Entered: 02/28/2019)
68 SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Janet Torres served on 2/21/2019, answer due 3/14/2019. (Buser−Clancy, Thomas) (Entered: 02/28/2019)
69 SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Elections Administrator for Harrison County served on 2/13/2019, answer due 3/6/2019. (Buser−Clancy, Thomas) (Entered: 02/28/2019)
70 SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Terri Hefner served on 2/13/2019, answer due 3/6/2019. (Buser−Clancy, Thomas) (Entered: 02/28/2019)
71 SUMMONS Returned Executed by League of Women Voters of Texas, MOVE Texas Civic Fund, JOLT Initiative, Nivien Saleh. Kristen Spies served on 2/11/2019, answer due 3/4/2019. (Buser−Clancy, Thomas) (Entered: 02/28/2019)
72 NOTICE of Filing Supplemental Exhibits by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement)(Buser−Clancy, Thomas) (Entered: 02/28/2019)
73 MOTION for Extension of Time to File Response/Reply Reply in Support of Motion for Preliminary Injunction by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order Granting Motion for Extension of Time to File Reply in Support of PI Motion)(Perales, Nina) (Entered: 02/28/2019)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 37 of 44

02/28/2019 03/01/2019 03/01/2019 03/04/2019 03/04/2019 03/04/2019 03/04/2019 03/04/2019 03/04/2019
03/04/2019
03/06/2019 03/06/2019
03/06/2019
03/06/2019

74 ADVISORY TO THE COURT by David Whitley. (Attachments: # 1 Exhibit A)(Sweeten, Patrick) (Entered: 02/28/2019)
75 MOTION to Intervene by Public Interest Legal Foundation. (Attachments: # 1 Exhibit Proposed Answer, # 2 Proposed Order Proposed Order)(Taylor, Andy) (Entered: 03/01/2019)
76 RESPONSE to 74 Advisory to the Court by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Vera, Luis) (Entered: 03/01/2019)
77 ORDER the Court APPROVES the Secretarys proposed advisory with the orders of the Court attached re 74 Advisory to the Court filed by David Whitley. Signed by Judge Fred Biery. (rg) (Entered: 03/04/2019)
78 ORDER DENYING 75 Motion to intervene by Public Interest Legal Foundation. Signed by Judge Fred Biery. (rg) (Entered: 03/04/2019)
79 ADVISORY TO THE COURT by David Whitley. (Attachments: # 1 Exhibit A)(Sweeten, Patrick) (Entered: 03/04/2019)
80 RESPONSE / Reply In Support of Plaintiffs' Motion for Preliminary Injunction to 54 Response by League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Buser−Clancy, Thomas) (Entered: 03/04/2019)
81 Motion to Dismiss for Failure to State a Claim by Elections Administrator for Harrison County, Terri Hefner, Cheryl E Johnson, Karen Nelson, Pamela Ohlendorf, Beth Rothermel, Kristen Spies, Janet Torres. (Magee, Jason) (Entered: 03/04/2019)
82 MOTION to Amend Complaint for Leave to File Third Amended Complaint by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Exhibit A− Garibay Proposed Third Amended Complaint, # 2 Proposed Order Granting Garibay Plaintiffs' Motion for Leave to File Third Amended Complaint)(Perales, Nina) (Entered: 03/04/2019)
83 Reply in Support of Garibay Plaintiff's Motion for Preliminary Injunction 5 (filed in SA−19−CV−159) 19 by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS re 54 Response (Perales, Nina) Modified on 3/5/2019 (rg). (Entered: 03/04/2019)
85 ORDER GRANTING 82 Motion for leave to file Third Amended Complaint. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
86 ORDER GRANTING 43 Motion to Appear Pro Hac Vice by Joaquin Robert Gonzalez. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
87 ORDER GRANTING 47 Motion to Appear Pro Hac Vice by Sophia Lin Lakin. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
88 ORDER GRANTING 48 Motion to Appear Pro Hac Vice by Brendan Downes. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 38 of 44

03/06/2019 03/06/2019 03/06/2019 03/06/2019 03/06/2019 03/06/2019 03/06/2019 03/06/2019 03/06/2019
03/06/2019
03/06/2019
03/06/2019

89 ORDER GRANTING 49 Motion to Appear Pro Hac Vice by Ezra Rosenberg. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
90 ORDER GRANTING 50 Motion to Appear Pro Hac Vice by Jon Greenbaum. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
91 ORDER GRANTING 51 Motion to Appear Pro Hac Vice by Jennifer Nwachukwu. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
92 ORDER GRANTING 53 Motion to Appear Pro Hac Vice by Stuart Naifeh. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
93 ORDER GRANTING 67 Motion to Appear Pro Hac Vice by Brenda Wright. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
94 ORDER GRANTING 46 Motion for Extension of Time to File Response/Reply on or before March 11, 2019. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
95 ORDER GRANTING 59 Motion for Leave to File Excess Pages. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
96 ORDER GRANTING 73 Motion for Extension of Time to File Response/Reply on or before March 7, 2019. Signed by Judge Fred Biery. (rg) (Entered: 03/06/2019)
97 THIRD AMENDED COMPLAINT against Greg Abbot, Mary Hope Barrera, Connie Brown, Crystal Denman, Trudy Hancock, Cheryl E Johnson, Kathryn Nealy, Karen Nelson, Ken Paxton, Bob Reeves, Kim Rinn, Kristen Spies, Gwenda L. Tschirhart, Vicki T. Vogel, David Whitley, Laura Wise amending complaint, filed by Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Elena Keane, Jane Doe #2, Mi Familia Vota Educational Fund, Maria Felicitas Barbosa, Efren Gomez, Julieta Garibay, Maria Yolisma Garcia, Southwest Voter Registration Education Project, Jane Doe #1, La Union De Pueblo Entero, Inc., Hilda Castillo, Martine Hummel, Jane Doe #3, John Doe #1, Organization of Chinese Americans−Greater Houston.(rg) (Entered: 03/06/2019)
98 MOTION to Appear Pro Hac Vice by Nina Perales for Niyati Shah ( Filing fee $ 100 receipt number 0542−11845796) by on behalf of Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 03/06/2019)
99 MOTION to Appear Pro Hac Vice by Nina Perales for Eri Andriola ( Filing fee $ 100 receipt number 0542−11845907) by on behalf of Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 03/06/2019)
100 MOTION to Appear Pro Hac Vice by Nina Perales for Jerry Vattamala ( Filing fee $ 100 receipt number 0542−11845989) by on behalf of Maria Felicitas Barbosa,

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 39 of 44

03/06/2019
03/06/2019 03/06/2019 03/06/2019 03/06/2019 03/06/2019 03/07/2019
03/07/2019
03/07/2019

Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 03/06/2019)
101 MOTION to Appear Pro Hac Vice by Nina Perales for Patricia Yan ( Filing fee $ 100 receipt number 0542−11846039) by on behalf of Maria Felicitas Barbosa, Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 03/06/2019)
102 MOTION to Appear Pro Hac Vice by Thomas Paul Buser−Clancy for Chiraag Bains ( Filing fee $ 100 receipt number 0542−11846133) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Buser−Clancy, Thomas) (Entered: 03/06/2019)
103 ORDER Granting Robert Barron Boemer to appear pro hac vice. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
104 ORDER Granting Motion to Appear Pro Hac Vice for attorney Brian Phillip Klosterboer. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
105 ORDER Granting Motion to Appear Pro Hac Vice by Andre Ivan Segura. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
106 ORDER Granting Plaintiff's Motion for Leave to Proceed Under Pseudonyms. (Motion filed in Member Case SA−19−CV−159). Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
107 ORDER GRANTING 98 Motion to Appear Pro Hac Vice for Attorney Niyati Shah for Maria Felicitas Barbosa,Niyati Shah for Viridiana Tule Carrizales,Niyati Shah for Abraham Josue Espinosa Flores,Niyati Shah for Maria Yolisma Garcia,Niyati Shah for Julieta Garibay,Niyati Shah for Efren Gomez,Niyati Shah for Jane Doe #1,Niyati Shah for Jane Doe #2,Niyati Shah for Jane Doe #3,Niyati Shah for John Doe #1,Niyati Shah for Elena Keane,Niyati Shah for La Union De Pueblo Entero, Inc.,Niyati Shah for Mi Familia Vota Educational Fund,Niyati Shah for Southwest Voter Registration Education Project,Niyati Shah for Lorena Tule−Romain,Niyati Shah for UnidosUS. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
108 ORDER GRANTING 99 Motion to Appear Pro Hac Vice for Attorney Eri Andriola for Maria Felicitas Barbosa,Eri Andriola for Viridiana Tule Carrizales,Eri Andriola for Abraham Josue Espinosa Flores,Eri Andriola for Maria Yolisma Garcia,Eri Andriola for Julieta Garibay,Eri Andriola for Efren Gomez,Eri Andriola for Jane Doe #1,Eri Andriola for Jane Doe #2,Eri Andriola for Jane Doe #3,Eri Andriola for John Doe #1,Eri Andriola for Elena Keane,Eri Andriola for La Union De Pueblo Entero, Inc.,Eri Andriola for Mi Familia Vota Educational Fund,Eri Andriola for Southwest Voter Registration Education Project,Eri Andriola for Lorena Tule−Romain,Eri Andriola for UnidosUS. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
109 ORDER GRANTING 100 Motion to Appear Pro Hac Vice for Attorney Jerry Vattamala for Maria Felicitas Barbosa,Jerry Vattamala for Viridiana Tule Carrizales,Jerry Vattamala for Abraham Josue Espinosa Flores,Jerry Vattamala for Maria Yolisma Garcia,Jerry Vattamala for Julieta Garibay,Jerry Vattamala for Efren Gomez,Jerry Vattamala for Jane Doe #1,Jerry Vattamala for Jane Doe #2,Jerry Vattamala for Jane Doe #3,Jerry Vattamala for John Doe #1,Jerry Vattamala for Elena Keane,Jerry Vattamala for La Union De Pueblo Entero, Inc.,Jerry Vattamala for Mi Familia Vota Educational Fund,Jerry Vattamala for Southwest Voter Registration Education Project,Jerry Vattamala for Lorena Tule−Romain,Jerry Vattamala for

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03/07/2019
03/07/2019
03/07/2019 03/07/2019 03/07/2019
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UnidosUS. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
110 ORDER GRANTING 101 Motion to Appear Pro Hac Vice for Attorney Patricia Yan for Maria Felicitas Barbosa,Patricia Yan for Viridiana Tule Carrizales,Patricia Yan for Abraham Josue Espinosa Flores,Patricia Yan for Maria Yolisma Garcia,Patricia Yan for Julieta Garibay,Patricia Yan for Efren Gomez,Patricia Yan for Jane Doe #1,Patricia Yan for Jane Doe #2,Patricia Yan for Jane Doe #3,Patricia Yan for John Doe #1,Patricia Yan for Elena Keane,Patricia Yan for La Union De Pueblo Entero, Inc.,Patricia Yan for Mi Familia Vota Educational Fund,Patricia Yan for Southwest Voter Registration Education Project,Patricia Yan for Lorena Tule−Romain,Patricia Yan for UnidosUS. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
111 ORDER GRANTING 102 Motion to Appear Pro Hac Vice for Attorney Chiraag Bains for Maria Felicitas Barbosa,Chiraag Bains for Viridiana Tule Carrizales,Chiraag Bains for Abraham Josue Espinosa Flores,Chiraag Bains for Maria Yolisma Garcia,Chiraag Bains for Julieta Garibay,Chiraag Bains for Efren Gomez,Chiraag Bains for Jane Doe #1,Chiraag Bains for Jane Doe #2,Chiraag Bains for Jane Doe #3,Chiraag Bains for John Doe #1,Chiraag Bains for Elena Keane,Chiraag Bains for La Union De Pueblo Entero, Inc.,Chiraag Bains for Mi Familia Vota Educational Fund,Chiraag Bains for Southwest Voter Registration Education Project,Chiraag Bains for Lorena Tule−Romain,Chiraag Bains for UnidosUS. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (rg) (Entered: 03/07/2019)
112 Proposed Findings of Fact by Greg Abbot, Keith Ingram, Ken Paxton, David Whitley. (Daaboul, Rola) (Entered: 03/07/2019)
113 Proposed Findings of Fact by Julie Hilberg, League of Women Voters of Texas, MOVE Texas Civic Fund, National League of United Latin American Citizens, Nivien Saleh, Texas League of United Latin American Citizens. (Attachments: # 1 Proposed Order)(Vera, Luis) (Entered: 03/07/2019)
114 NOTICE of Filing of Supplemental Exhibits in Support of Garibay Plaintiffs' Re−Urged Application for Temporary Restraining Order by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Martine Hummel, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS (Attachments: # 1 Exhibit 85, # 2 Exhibit 86, # 3 Exhibit 87, # 4 Exhibit 88, # 5 Exhibit 89, # 6 Exhibit 90, # 7 Exhibit 91, # 8 Exhibit 92)(Perales, Nina) (Entered: 03/07/2019)
115 Proposed Findings of Fact by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Perales, Nina) (Entered: 03/08/2019)
116 CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Fred Biery. (rg) (Entered: 03/11/2019)
117 NOTICE Garibay Plaintiffs' Response to State Defendants' Motion to Dismiss First Amended Complaint by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Martine Hummel, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, UnidosUS (Perales, Nina) (Entered: 03/11/2019)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 41 of 44

03/11/2019 03/12/2019 03/12/2019 03/12/2019 03/12/2019
03/13/2019
03/15/2019 03/18/2019
03/18/2019
03/20/2019 03/20/2019 03/25/2019

118 Minute Entry for proceedings held before Judge Fred Biery: Scheduling Conference held on 3/11/2019. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 03/12/2019)
119 Unopposed MOTION for Extension of Time to File Answer by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 03/12/2019)
120 ADVISORY TO THE COURT by Julie Hilberg, National League of United Latin American Citizens, Texas League of United Latin American Citizens. (Attachments: # 1 Exhibit 1 (Texas Tribune))(Vera, Luis) (Entered: 03/12/2019)
121 ORDER GRANTING 119 Motion for Extension of Time to Answer; Ken Paxton answer due 3/20/2019; David Whitley answer due 3/20/2019. Signed by Judge Fred Biery. (rg) (Entered: 03/12/2019)
122 ADVISORY TO THE COURT by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Martine Hummel, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Perales, Nina) (Entered: 03/12/2019)
123 Transcript filed of Proceedings held on 3/11/2019, Proceedings Transcribed: Status Conference. Court Reporter/Transcriber: Chris Poage, Telephone number: 210−244−5036 Email: chris_poage@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/3/2019, Redacted Transcript Deadline set for 4/15/2019, Release of Transcript Restriction set for 6/11/2019, (Poage, Chris) (Entered: 03/13/2019)
124 ADVISORY TO THE COURT by David Whitley. (Attachments: # 1 Exhibit)(Sweeten, Patrick) (Entered: 03/15/2019)
125 Response in Opposition to Motion, filed by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, re 81 Motion to Dismiss for Failure to State a Claim filed by Consol Defendant Kristen Spies, Consol Defendant Elections Administrator for Harrison County, Consol Defendant Janet Torres, Consol Defendant Pamela Ohlendorf, Consol Defendant Karen Nelson, Consol Defendant Terri Hefner, Consol Defendant Cheryl E Johnson, Consol Defendant Beth Rothermel Plaintiffs Move Texas Civic Fund, et al.'s Response in Opposition to County Defendants' Motion to Dismiss (Downes, Brendan) (Entered: 03/18/2019)
126 RESPONSE to Motion, filed by Keith Ingram, David Whitley, re 81 Motion to Dismiss for Failure to State a Claim filed by Consol Defendant Kristen Spies, Consol Defendant Elections Administrator for Harrison County, Consol Defendant Janet Torres, Consol Defendant Pamela Ohlendorf, Consol Defendant Karen Nelson, Consol Defendant Terri Hefner, Consol Defendant Cheryl E Johnson, Consol Defendant Beth Rothermel (Sweeten, Patrick) (Entered: 03/18/2019)
127 Defendants ANSWER to 2 Amended Complaint by Ken Paxton, David Whitley.(Daaboul, Rola) (Entered: 03/20/2019)
128 MOTION to Dismiss Plaintiff Garibay's Third Amended class actionComplaint by Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order)(Daaboul, Rola) (Entered: 03/20/2019)
129 REPLY to Response to Motion, filed by Elections Administrator for Harrison County, Terri Hefner, Cheryl E Johnson, Karen Nelson, Pamela Ohlendorf, Beth Rothermel, Kristen Spies, Janet Torres, re 81 Motion to Dismiss for Failure to State a Claim filed by Consol Defendant Kristen Spies, Consol Defendant Elections Administrator for Harrison County, Consol Defendant Janet Torres, Consol Defendant Pamela Ohlendorf, Consol Defendant Karen Nelson, Consol Defendant Terri Hefner, Consol Defendant Cheryl E Johnson, Consol Defendant Beth Rothermel (Magee, Jason)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 42 of 44

03/27/2019 03/27/2019 03/27/2019 03/27/2019 03/27/2019 04/03/2019
04/03/2019
04/05/2019
04/05/2019 04/10/2019 04/10/2019 04/10/2019 04/11/2019

(Entered: 03/25/2019)
130 ORDER (Setting In Camera Hearing for 4/29/2019 9:00 AM before Judge Fred Biery, Status Conference set for 4/29/2019 11:00 AM before Judge Fred Biery). Signed by Judge Fred Biery. (rg) (Entered: 03/27/2019)
131 ORDER GRANTING re 20 MOTION to Dismiss Ken Paxton Under Rules 12(b)(1) and 12(b)(6) filed by David Whitley, Ken Paxton. Signed by Judge Fred Biery. (rg) (Entered: 03/27/2019)
132 ORDER AND ADVISORY − ORDER DENYING 81 Motion to Dismiss for Failure to State a Claim. Signed by Judge Fred Biery. (rg) (Entered: 03/27/2019)
133 ORDER FOR SCHEDULING RECOMMENDATIONS AND ADVISORY CONCERNING ASSIGNMENT OF MAGISTRATE JUDGE − the parties shall submit a proposed scheduling order to theCourt within thirty days of the date of this Order. Signed by Judge Fred Biery. (rg) (Entered: 03/27/2019)
134 ADVISORY TO THE COURT by David Whitley. (Attachments: # 1 Exhibit A)(Sweeten, Patrick) (Entered: 03/27/2019)
135 Unopposed MOTION for Leave to Exceed Page Limitation for Garibay Plaintiffs' Response to State Defendants' Motion to Dismiss by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Julieta Garibay, Efren Gomez, Martine Hummel, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., MOVE Texas Civic Fund, Mi Familia Vota Educational Fund, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 04/03/2019)
136 Response in Opposition to Motion, filed by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Martine Hummel, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS, re 128 MOTION to Dismiss Plaintiff Garibay's Third Amended class actionComplaint filed by Defendant David Whitley, Defendant Ken Paxton (Perales, Nina) (Entered: 04/03/2019)
137 MOTION to Withdraw as Attorney Jack Salmon by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Martine Hummel, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order)(Salmon, John) (Entered: 04/05/2019)
138 ORDER GRANTING 137 Motion to Withdraw as Attorney Jack Salmon. Signed by Judge Fred Biery. (rg) (Entered: 04/05/2019)
139 Unopposed MOTION to Substitute Attorney by Cheryl E Johnson. (Attachments: # 1 Proposed Order)(Magee, Jason) (Entered: 04/10/2019)
140 County Defendants' ANSWER to Complaint with Jury Demand to First Amended Complaint (Doc. 7 in Cause No. SA−19−CV−171) by Elections Administrator for Harrison County, Terri Hefner, Cheryl E Johnson, Karen Nelson, Pamela Ohlendorf, Beth Rothermel, Kristen Spies, Janet Torres.(Magee, Jason) Modified on 4/10/2019 (rg). (Entered: 04/10/2019)
141 REPLY to Response to Motion, filed by Greg Abbot, Ken Paxton, David Whitley, re 128 MOTION to Dismiss Plaintiff Garibay's Third Amended class actionComplaint filed by Defendant David Whitley, Defendant Ken Paxton (Sweeten, Patrick) (Entered: 04/10/2019)
142 ORDER GRANTING 139 Motion to Substitute Attorneys J. Eric Magee and Philip b. Arnold. Signed by Judge Fred Biery. (rg) (Entered: 04/11/2019)

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 43 of 44

04/15/2019
04/15/2019
04/15/2019 04/15/2019 04/15/2019 04/23/2019 04/23/2019 04/26/2019 04/29/2019 04/29/2019

143 REQUEST FOR ISSUANCE OF SUMMONS by Maria Felicitas Barbosa, Viridiana Tule Carrizales, Hilda Castillo, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Martine Hummel, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Elena Keane, La Union De Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, Lorena Tule−Romain, UnidosUS. to Defendant Angelina County (Perales, Nina) (Entered: 04/15/2019)
144 WAIVER OF SERVICE Returned Executed by Viridiana Tule Carrizales, Abraham Josue Espinosa Flores, Jane Doe #2, John Doe #1, Mi Familia Vota Educational Fund, Maria Felicitas Barbosa, Efren Gomez, Julieta Garibay, Maria Yolisma Garcia, Jane Doe #3, UnidosUS, Organization of Chinese Americans−Greater Houston, Southwest Voter Registration Education Project, Jane Doe #1, Hilda Castillo, Lorena Tule−Romain, Martine Hummel, La Union De Pueblo Entero, Inc. as to Crystal Denman. Waiver sent on 3/8/2019, answer due 5/7/2019; Trudy Hancock. Waiver sent on 3/8/2019, answer due 5/7/2019; Cheryl E Johnson. Waiver sent on 3/8/2019, answer due 5/7/2019; Kathryn Nealy. Waiver sent on 3/8/2019, answer due 5/7/2019; Karen Nelson. Waiver sent on 3/8/2019, answer due 5/7/2019; Bob Reeves. Waiver sent on 3/8/2019, answer due 5/7/2019; Kim Rinn. Waiver sent on 3/8/2019, answer due 5/7/2019; Kristen Spies. Waiver sent on 3/8/2019, answer due 5/7/2019; Gwenda L. Tschirhart. Waiver sent on 3/8/2019, answer due 5/7/2019; Vicki T. Vogel. Waiver sent on 3/8/2019, answer due 5/7/2019; Laura Wise. Waiver sent on 3/8/2019, answer due 5/7/2019. (Perales, Nina) (Entered: 04/15/2019)
145 Summons Issued as to Connie Brown. (rg) (Entered: 04/15/2019)
146 ***THIS DOCUMENT WAS FILED IN ERROR TO THIS CASE. ACCESS HAS BEEN RESTRICTED***Summons Issued as to Connie Brown. (rg) (rg). Modified on 4/16/2019 (rg). (Entered: 04/16/2019)
147 Corrected Summons Issued as to Connie Brown. (rg) (Entered: 04/16/2019)
148 NOTICE of Vacation Letter by Elections Administrator for Harrison County, Terri Hefner, Cheryl E Johnson, Karen Nelson, Pamela Ohlendorf, Beth Rothermel, Kristen Spies, Janet Torres (Arnold, Philip) (Entered: 04/23/2019)
149 NOTICE of Attorney Appearance by Charles Straith Frigerio on behalf of Connie Brown. Attorney Charles Straith Frigerio added to party Connie Brown(pty:condft) (Frigerio, Charles) (Entered: 04/23/2019)
150 Joint MOTION to Dismiss by Greg Abbot, Keith Ingram, Ken Paxton, David Whitley. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) (Entered: 04/26/2019)
151 Minute Entry for proceedings held before Judge Fred Biery: Status Conference held on 4/29/2019. (Minute entry documents are not available electronically.). (Court Reporter Chris Poage.)(rg) (Entered: 04/29/2019)
152 ORDER GRANTING 150 Joint Motion to Dismiss with prejudice the consolidated cases. Terminated party Mary Hope Barrera (in her Official Capacity as Willacy County Elections Administrator), Connie Brown (in her Official Capacity as Angelina County Elections Administrator), Viridiana Tule Carrizales, Hilda Castillo, Crystal Denman (in her Official Capacity as Bosque County Tax Assessor−Collector), Elections Administrator for Harrison County, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Trudy Hancock (in her Official Capacity as Brazos County Elections Administrator), Terri Hefner (Elections Administrator for Fayette County, in her Official Capacity), Martine Hummel, Keith Ingram (Texas Director of Elections, in his Official Capacity), JOLT Initiative, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Cheryl E Johnson (in her Official Capacity as Galveston County Tax Assessor−Collector), Elena Keane, La Union De Pueblo Entero, Inc., League of Women Voters of Texas, MOVE Texas Civic Fund, Mi Familia Vota Educational Fund, Kathryn Nealy (in her Official Capacity as Gregg County Elections Administrator), Karen Nelson (in her Official Capacity as Smith County Elections Administrator), Pamela Ohlendorf (in her Official Capacity as Elections Administrator for Caldwell County), Organization of Chinese Americans−Greater Houston, Bob Reeves (in his Official Capacity as Kerr County Tax Assessor−Collector), Kim Rinn (in her Officail Capacity as Austin County Tax Assessor−Collector), Beth Rothermel (County Clerk and Voter Registrar for

Case: 5:19-cv-74 As of: 10/24/2019 11:11 AM CDT 44 of 44

04/29/2019 04/29/2019 04/29/2019 04/29/2019

Washington County, in her Official Capacity), Nivien Saleh, Betsy Schonhoff, Southwest Voter Registration Education Project, Kristen Spies (in her Official Capacity as Blanco County Tax Assessor−Collector), Texas State Conference of NAACP Units, Janet Torres (in her Official Capacity as District and County Clerk for Hansford County), Gwenda L. Tschirhart (in her Official Capacity as Bandera County Tax Assessor−Collector), Lorena Tule−Romain, UnidosUS, Gayatri Vasan, Vicki T. Vogel (in her Official Capacity as Victoria County Elections Administrator), Laura Wise (in her Official Capacity as Wood County Elections Administrator), Greg Abbot (in his Official Capacity as Governor or Texas) and Maria Felicitas Barbosa. Signed by Judge Fred Biery. (rg) (Entered: 04/29/2019)
153 EXHIBIT RECEIPT for Plaintiffs by attorney Ernest Herrera. (kh) (Entered: 04/30/2019)
154 EXHIBIT RECEIPT for Plaintiffs by attorney Renea Hicks. (kh) (Entered: 04/30/2019)
155 EXHIBIT RECEIPT for Defendants by attorney Todd Disher. (kh) (Entered: 04/30/2019)
156 EXHIBIT RECEIPT for Defendants by attorney Philip Arnold. (kh) (Entered: 04/30/2019)

 
 Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 1 of 14

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

FILED

TEXAS LEAGUE OF UNITED LATIN

AMERICAN CITIZENS,

:

JAN 29 2O1

and

DISTR, CLERK, U.S. DISTtlM

WESTERN

EXAS

NATIONAL LEAGUE OF UNITED LATIN AMERICAN CITIZENS

DEPUTY

Plaintiffs,

S Al 9 C A 0074 F B

DAVID WHITLEY, in his official
capacity as Texas Secretary of State,
and
KEN PAXTON, in his official capacity as Attorney General
of Texas,
Defendants.

ORIGINAL COMPLAINT Plaintiffs, by and through undersigned counsel, allege as follows: Preamble: Nature of action 1. This is a lawsuit under Section 11(b) of the Voting Rights Act, challenging the cornbined effort of the Secretary of State of Texas and the Attorney General of Texas to intimidate people who are currently legitimately registered to vote into dc-registering or just not voting (or both) in the upcoming May 2019 election. These two Texas officials have carefully crafted and orchestrated a program that combines an election advisory ostensibly directed at ensuring that all

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 2 of 14
those registered to vote in the May election are citizens eligible to vote with the use of data that
is suspect on its face and a blackout on public access to the data. Through this approach, they control public access and public media information in such a way as to inform the voting cornmunity that they really are targeting, as suspect, participants in the State's election system who should fear such participation. It is, in short, a plan carefully calibrated to intimidate legitimate registered voters from continuing to participate in the election process and to enlist the broader public into joining the two officials in concentrated pressure against such continued participation. Full-fledged United States citizens, legally participating in Texas's election system, particu-
larly those who are part of the Latino community across the State, are being illegally targeted for voter intimidation. This lawsuit seeks to stop such intimidation. The pretextual facade of concern
about voter fraud provides no cover for the voter intimidation at work here.
Jurisdiction and venue
2. This Court has original jurisdiction pursuant to 28 U.S.C. § § 1331 and 1343 (a)(3). Plaintiffs seek declaratory and injunctive relief pursuant to 28 U.S.C. § 2201 and 2202, as well as 52 U.S.C. § 10307 and 10308.
3. Venue is proper in this Court pursuant to 28 U.S.C. § 124(d)(4) and 1391(b). De-
fendants have their official place of government business in Austin, Texas. Parties
Plaint 4. Plaintiff League of United Latin American CitizensNational (LULAC) is the oldest
and largest national Latino civil rights organization in the United States. It is a non-profit organi-
zation with a presence in most of the fifty states including Texas. LULAC was founded in Texas with over 125,000 members nationwide and over 20,000 in Texas, on the principle of protecting
2

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 3 of 14
the rights of Latinos in civil rights including voting rights. LULAC participates in voter registration throughout the United States and throughout Texas
LULAC has been recognized and accepted as an organizational plaintiff protecting Latino rights in every federal court in which it has participated, including the United States Supreme Court and the Western District of Texas.
5. Plaintiff Texas League of United Latin American Citizens (Texas LULAC) was found-
ed in Texas in 1929. It has over 20,000 members in Texas, and over 1,000 members in Bexar
County. Its principal purpose is to protect the civil rights of Latinos, including their voting rights. Texas LULAC participates in voter registration throughout Texas, including all parts of the Western District of Texas.
Texas LULAC has been recognized and accepted as an organizational plaintiff protecting Latino rights in every federal court in which it has participated, including the United States Supreme Court and the Western District of Texas.
Defrndants
6. David Whitley is the Texas Secretary of State, sued here in his official capacity only. He is designated as the State's chief elections officer. It is purportedly in that capac-
ity that he undertook the actions here complained of. 7. Ken Paxton is the Texas Attorney General, sued here in his official capacity only.
In his capacity as Attorney General, he undertook the actions here complained of. Factual background
8. May 4, 2019, is the next general election day for local Texas elections. The election cycle is well underway. Candidate filing opened on January 16, 2019. In-person early voting begins on April 22, 2019. The last day to register to vote for that election is April 4, 2019.
3

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 4 of 14
9. On Friday, January 25, 2019, the Texas Secretary of State issued what his office
termed "Election Advisory No. 20 19-02" to voter registrars and elections administrators in
the counties across the State. A copy of the memo is Attachment A to this complaint. It will
sometimes be referred to in this complaint as SOS Advisory 20 19-02.
10. The Secretary of State had already turned the data discussed in the advisory to the Attorney General, who tweeted the following shortly after noon on the same day as issuance of the SOS advisory (emphases added):
VOTER FRAUD ALERT: The @TXsecofstate discovered approx 95,000 individuals identified by DPS as non-U.S. citizens have a matching voter registration record in TX, approx 58,000 of whom have voted in TX elections. Any illegal vote deprives Americans of their voice. Still on that same day, the Attorney General posted a four-paragraph press notice online at https ://www.texasattorneygeneral. gov/news/releases/ag-paxton-texas-secretary-states-officediscovers-nearly-95 000-people-identified-dps-non-us-citizens. It sprinkles the word "fraud" prominently into the notice seven times, accompanying it with references to "illegal voting," "crimes against the democratic process," and "election crimes." 11. The Advisory outlines what it says was a program started in March 2018 between SOS and the Texas Department of Public Safety (DPS) whereby the SOS would use DPS drivers license and personal identification card data in connection with SOS work on "maintenance" of the State's voter registration rolls. According to SOS (with emphasis added), it would extract from the DPS data and documentation a list of "individuals who provided valid documents indicating the person is not a citizen of the United States at the time the person obtained" a driver license or personal ID card from DPS. 12. Nowhere in the advisory, the AG press release, or the AG tweet is there any description or identification of the time period covered by the DPS data it said it was using. Pub-
ru

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 5 of 14
lished reports since the advisory became public indicate that the DPS data goes back 23 years, at least as far as 1996. The Advisory chose to use the term "DPS non-U.S. Citizen data" to refer to the data set.
13. The Advisory indicated that the SOS's plan was to take this mass of DPS data and match it against "the TEAM system," which is Texas's computerized, centralized statewide voter registration list. ("TEAM" stands for "Texas Election Administration Management."). Then, said the advisory, the SOS plan was to take any "matches" between the DPS data and a registered voter in any given Texas county, collect them by county, and send the information to the local voter registrars and election administrators.
14. Neither the SOS nor the AG made any of the underlying data publicly available at the time of their orchestrated press barrage on January 25th. This, despite the fact that the ap-
parent key to the process was using DPS data that goes back nearly a quarter-century and "matching" it against current voter registration data. This meant that, using the data-blackout approach in a highly suspect context, the SOS and the AG could publicly state whatever they wished without fear of contradiction on any specifics, since all of the specifics were tightly held by them and not made available to either the public generally or even to the local voter registrars and election administrators. Among other things (and even setting aside the falsepositives that even the state officials must concede is ever present in these situations), this "matching" process fails to take into account a major factor that throws reliance on the old DPS data particularly suspect: the naturalization process, whereby those who came to the United States as non-citizens may later attain citizenship. According to the Migration Policy Institute, in Texas alone in fiscal year 2014, nearly 53,000 people became citizens through
the naturalization process. If each of those people had applied to DPS for a driver license or
5

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 6 of 14
personal ID card before 2014 (even going back to 1996), and registered to vote after naturalization (which would be expected in most instances), they would still show up in the SOS "matching" even though they are fully legitimate registered voters. Over just the 2007-20 17 decade, 7.5 million people became naturalized citizens, and it is certain that people in Texas
are a relatively large percentage of that number. And recently, with the advent of a national administration avowedly hostile to immigration of any sort, the number of those in America
seeking naturalization has skyrocketed, increasing by 87% over the number in the previous Presidential administration. The SOS-AG "matching" gambit simply ignores this huge factor that on its surface shows how misguided and inaccurate the touted program is.
15. The advisory said that the matching process had not been completed at the time of its issuance and of the the AG's press release and tweet. This, though, served as no impediment to the AG, who nonetheless included as part of his press release a headline that the SOS had discovered "nearly 95,000 people" as non-U.S. citizens registered to vote in the State. He repeated this assertion in the release's opening paragraph, adding the statement that "roughly 58,000 of them" have voted in at least one Texas election. These numbers and assertions were widely reported in the Texas press, as the SOS and AG certainly expected and planned.
16. Since Friday, January 25th, the SOS has completed its internal matching program for at least some Texas counties, including in particular Bexar County. It forwarded the information to the Bexar County Election Administrator on Monday, January 2 8th.
17. Even now, the data blackout continues. The SOS has issued written instructions to the local registrars and election administrators that none of the data may be made public.

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 7 of 14
18. When combined with the assignment of responsibilities for what to do with the data
and the "matching" performed by the SOS, the process is an openly cynical effort to put the local registrars and election administrators in a difficult-to-impossible situation. The SOS advisory acknowledges that, even its own hidden system for performing the "matches," provides only a "weak" match. And it acknowledges that the duty for what to do with the hidden SOS methodology and data rests with the local officials upon whom it has been dumped, not on the SOS. And it even acknowledges that the local registrars and election administrators have it within their power and authority to take no action whatever on the SOS-provided "matches" and "simply close the task as RESOLVED." But the SOS accompanies those necessarily protective assertions with the claim that "we believe the date we are providing can be acted on in nearly all circumstances," a claim which is impossible for either the public or the local officials to test at the front-end given the data blackout.
19. By its very design, the entire arrangement outlined above, and its carefully rehearsed
roll-out by two of the State's top officials, has led to their control of the public posturing and messaging of the effort. It is designed to cast a pall of suspicion over the validity of local reg-
istration rolls. It is designed to pressure local officials, forced to operate in the dark as far as
data is concerned yet threatened with attacks for not acting according to the wishes of the
SOS and the AG, into setting in motion coercive efforts to force voters on the "match" list to
prove they are validly registered to votewhile the broad swath of voters are left alone and undisturbed. The inevitable effectand no doubt the intended effect, though intent is not requiredis to intimidate voters in the state who are more likely to be swept up, or fear being
swept up, in an election-related "witch hunt."
7

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 8 of 14
20. Registered voters who are citizens and appropriately registered to, and eligible to,
vote in the upcoming election are part of the target of the scheme by the SOS and AG. Especially in the current atmosphere of broad and highly-publicized anti-immigrant and antiLatino publicity and policy efforts, the adverse impact of the SOS and AG's orchestrated effort falls particularly heavily on the Latino community. Members of that community who are properly and legally registered are already reacting to the publicity campaign attending the roll-out of Advisory No. 20 19-02 by contacting local voter registrars and election administra-
tors and asking to have their names removed from the voting rolls. In short, the SOS and AG have already successfully used Advisory No. 20 19-02 and all the publicity they ensured would come with its issuance to intimidate voters in the upcoming May election into withdrawing from the election system by withdrawing their voter registrations.
21. LULAC and Texas LULAC are organizations whose very purpose is to step in as
voluntary associations in these situations to seek protection of the rights of the voters dis-
cussed in ¶ 20, above. The very intimidation that threatens them as voters who would be registered for the May election threatens them insofar as they might come forward into federal
court as individuals trying to protect their rights from the onslaught of the SOS and AG. Further, the impact of the voter intimidation effort is and will be felt in concrete ways in local counties across the entire State. The impact in Bexar County and the other large counties in Texas, is and will be particularly acute and substantial. Bexar County has one of the largest Latino voting communities in the State. It is a target of the SOS and AG effort at open intim-
idation.
22. Federal statutory law provides specific protection against the combined effort of the SOS and AG. Specifically, Section 11(b) of the Voting Rights Act prohibits the SOS and

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 9 of 14

AG's combined action working through Advisory No. 20 19-02, the data blackout imposed in

conjunction with it, and the SOS and AG publicity campaign taking advantage of the adviso-

ry and data blackout to further their intimidation efforts. That statute provides:

No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten,
or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under
section 10302(a), 10305, 10306, or 10308(e) of this title or section 1973d or 1973g of title 42.

52 U.S.C. § 10307(b). 23. Participating in elections, including by registering to vote, is a core First Amend-

ment value furthered by Section 11(b). The provision requires no showing of subjective in-

tent to intimidate, only an objective basis for finding such intimidation present. Subtle and

cynical intimidation is forbidden by Section 11(b), which in light of its remedial and protec-

tive purposes is to be given an expansive interpretation. Intimidating, threatening, or coercing

any person from registering to vote equates to intimidating, threatening, or coercing such per-

son from voting at all. The SOS and AG's manipulative use of the advisory, the data black-

out, and coercive use of local election officials as human shields against the charges legiti-

mately leveled at the two state officials themselves is a violation of Section 11(b). It should

be invalidated, and the officials should be enjoined from continuing with the manipulative

program and from engaging in any such program in the future.

52 Legal Claim

U.S.C. § 10307

24. Paragraphs 1-23 are incorporated for all purposes.

25. Defendants Whitley and Paxton have violated, and continue to violate, 52 U.S.C. § 10307 in pursuing the program set in public motion by SOS Advisory No. 20 19-02.

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 10 of 14
Prayer for Relief
26. Based upon the foregoing matters, Plaintiffs respectfully request that this Court grant them the following relief:
a. assume jurisdiction over this action;
b. declare the actions of the Texas Secretary of State and the Texas Attorney General that are complained of herein to be in violation of 52 U.S.C. § 10307(b);
c. issue a preliminary and permanent injunction, barring the Texas Secretary of State and the Texas Attorney General from further actions in connection with pursuit of the pro-
gram outlined in SOS Advisory No. 20 19-02; and d. grant Plaintiffs such other and further relief as may be necessary, appropriate, and equi-
table.
Respectfully submitted,
Jr.4 _/s/Luis R. Vera,
LUIS ROBERTO VE , JR. LULAC National General Counsel
Law Offices of Luis Roberto Vera, Jr.
& Assoc 1325 Riverview Towers 111 Soledad San Antonio, TX 78205-2260 (210) 225-3300
lrvlawsbcg1obal.net
Counsel for LULAC Plaintiffs
10

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 11 of 14
The State of Texas

Elections Division P.O. Box 12060 Austin, Texas 78711-2060
www.sos.state.tx.us

/
David Whitley
Secretary of State

Phone: 512-463-5650 Fax: 512-475-2811
Dial 7-1-1 For Relay Services
(800) 252-VOTE (8683)

TO: FROM: DATE: RE:

ELECTION ADVISORY
No. 2019-02 Voter Registrars/Elections Administrators
Keith Ingram, Director of Elections
January 25, 2019
Use of Non-U.S. Citizen Data obtained from the Department of Public Safety

Pursuant to Section 730.005, Transportation Code, personal information obtained by the
Department of Public Safety (DPS) in connection with a motor vehicle record shall be disclosed and used for any matter of voter registration or the administration of elections by the secretary of state. The secretary of state has been working with DPS to obtain and use information regarding individuals who provided documentation to DPS showing that the person is not a citizen of the United States during the process of obtaining or acquiring a Texas Driver License or Personal Identification Card from DPS. The initial set of information provided by DPS is being compared
to the voter registration rolls, and we are providing information relating to matches out to counties beginning tomorrow.
Background: Beginning in early March 2018, our office began working with DPS to review and refine the data able to be provided by DPS for use in this list maintenance process. The goal was to produce actionable information voter registrars could use to assist in their list maintenance responsibilities. In keeping with general guidelines set out under Section 18.0681, Election Code, our office sought to create the strongest matching criteria that produces the least possible impact on eligible Texas voters while fulfilling the responsibility to manage the voter rolls. To that end, our office and DPS spent time evaluating the data and refining the query to limit the information being provided to us for use in this list maintenance exercise to individuals who provided valid documents indicating the person is not a citizen of the United States at the time the person obtained a Driver License or Personal Identification Card. It is important to note that we are not using information self-reported by the person regarding their citizenship status; rather, we are using documents provided by the person to show they are lawfully present in the United States. As part of the processing for issuing a card, these documents would have been validated by DPS against the Systematic Alien Verification for Entitlements (SAVE) Database, which is administered by the U.S. Citizenship and Immigration Services, a component of the Department of Homeland

X}HBJT /

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 12 of 14
PAGE 2
Security. Once a person's document is validated through SAVE and a card is issued, then the individual's information will be provided to our office in the next data file to be supplied. Our office has obtained the preliminary data file for all current (unexpired) Driver License and Personal Identification cards that meet this criteria, and we will run that set of information tomorrow evening. After that initial data set has been run, DPS will provide information to our office on a monthly basis of individuals obtaining a Driver License of Personal Identification card since the last data file has been provided. We will run those as they are received by our office.
There is likely to be a law enforcement interest in the data that we are providing to you. If you
receive any requests from the public for the information, please contact your local prosecutor and the attorney general, who have jurisdiction over such matters.
Impact of Data being obtained: It should be noted that the additional source of data being obtained from DPS does not change or modify the voter registrar's rights or responsibilities under
Section 16.033, Election Code. The voter registrar has the right to use any lawful means to investigate whether a registered voter is currently eligible for registration in the county. This
section does not authorize an investigation of eligibility that is based solely on residence. If the registrar has reason to believe that a voter is no longer eligible for registration, the registrar shall deliver written notice to the voter indicating that the voter's registration status is being investigated by the registrar. The notice shall be delivered by forwardable mail to the mailing address on the voter's registration application and to any new address of the voter known to the registrar. If the secretary of state has adopted or recommended a form for a written notice, the registrar must use that form. The obtaining of information from DPS and providing matching data to the voter
registrar merely expands the resources available to the registrar for use in list maintenance. The registrar, ultimately, is responsible for determining whether or not the information provides the
registrar with reason to believe the person is no longer eligible for registration. If the registrar determines this standard has been met, the registrar should send a Notice of Examination for Citizenship (Proof of Citizenship) Letter.
Matching Information: This DPS non-U.S. Citizen data is matched against the TEAM system, and information will be provided to counties if/when a match is identified between the DPS data and a registered voter in the county. Records are identified as Possible Non U.S. Citizens when one of the following combinations matches between a voter record and the DPS data:
Last Name (including Former Last Name on the Voter Record), First Name, and Full Social Security Number (S SN) (9 digits); Last Name (including Former Last Name on the Voter Record), First Name, and Texas
Department of Public Safety (DPS)-Issued Driver License, Personal Identification Card,
or Election Identification Certificate Number; or Last Name (including Former Last Name on the Voter Record), First Name, Last Four
Digits of the SSN, and Date of Birth.
These are some of the strongest possible matching criteria used in TEAM and are the current
matching criteria used when determining whether or not to transfer a voter to an Offline County when the Offline County submits a new registration application. A match to a new voter registration application submitted by an Offline County to an existing voter using the above listed
criteria will result in the transfer of the voter record. The point of this is to emphasize that our

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 13 of 14
PAGE 3
goal was to produce actionable information for voter registrars while producing the least possible impact on eligible voters, meaning we believe the data we are providing can be acted on in nearly all circumstances.
All records submitted through this process will need to be treated as WEAK matches, meaning that the county may choose to investigate the voter, pursuant to Section 16.033, Election Code, or
take no action on the voter record if the voter registrar determines that there is no reason to believe the voter is ineligible. The county may not cancel a voter based on the information provided without first sending a Notice of Examination (Proof of Citizenship Letter) and following the process outlined in the letter. In order to help counties make a determination regarding whether or not to send a Notice of Examination or close the task without taking further action, information
provided by DPS will be provided to each county for further review and comparison against the voter record.
Workflow for Possible Non-U.S. Citizen Investigation: Again, counties are not permitted, under current Texas law, to immediately cancel the voter as a result of any non-U.S. Citizen matching information provided. This is applicable to notifications received from jury summons responses, as well as the dataset discussed in this advisory: possible non-U.S. Citizen notifications coming
from DPS.
For matching notifications coming from Jury Summons response devices, the county must send the voter a Proof of Citizenship Letter (Notice of Examination). For the matching notifications originating from DPS data, the county user has the choice
to either:
1. Send a Proof of Citizenship Letter (Notice ofExamination) to the voter; thereby starting
the 30-day countdown clock before cancellation, or 2. Take no action on the voter record and simply close the task as RESOLVED.
j: A voter may only be cancelled based on possible non-U.S. Citizen matching information if a Proof
of Citizenship Letter (Notice of Examination) was sent to the voter 1. The voter responded to the Notice in under 30 days indicating the voter is not in fact a U.S.
Citizen (you would cancel for not being a citizen Cancel Reason: Non U.S. Citizen); 2. The voter failed to respond to the Notice within 30 days and is being cancelled for failure
to respond to the notice (Cancel Reason: Failure to respond to Notice of Investigation); or
3. The notice was mailed and returned as undeliverable to the registrar with no forwarding
information available (Cancel Reason: Failure to respond to Notice of Investigation).
To aid in this process, new Dashboard options will be available within the Possible Non U.S. Citizen Dashboard task and a new Event Type has been developed for Offline counties. We are not able to leverage the current Non U.S. Citizen Notification task, which is currently created when a match identifies a voter having responded to a jury summons that he/she is not a United States citizen. We cannot use the current Dashboard line item task/event type because counties are required (by current law) to investigate those records identified as a response to the jury summons response device under the current process. Counties are not, however, required (by current law)
to investigate the new DPS data matches if they do not believe that a voter is ineligible to vote.

Case 5:19-cv-00074-FB Document 1 Filed 01/29/19 Page 14 of 14
PAGE 4
However, our office will provide the data obtained from DPS in order to allow counties all the information necessary to make the determination regarding whether or not to investigate the voter.
Response needed from the voter: Once a Notice of Examination for Citizenship (Proof of Citizenship) Letter has been issued to a voter, the voter is required to provide proof of citizenship as outlined under Section 16.0332, Election Code. This includes:
A certified copy of the voter's birth certificate,
United States passport, or
Certificate of naturalization
A copy of one of these documents (including a copy of the passport) being returned to the registrar is sufficient to meet the proof requirement. The registrar is required to retain a copy of the notice mailed and any proof of citizenship received by the voter. If the voter comes in person and provides proof, then the registrar should make a copy of the document provided and retain it, along with a copy of the notice that was mailed, with the application file for the voter.
For more information, please contact the Elections Division at 1 -800-252-VOTE(8683).
KI:BS

 
 Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 1 of 73

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

JULIETA GARIBAY, MARIA YOLISMA GARCIA, LORENA TULE-ROMAIN, ABRAHAM JOSUE ESPINOSA FLORES, VIRIDIANA TULE CARRIZALES, EFREN GOMEZ, MARIA FELICITAS BARBOSA, JANE DOE #1, JANE DOE #2, JANE DOE #3, JOHN DOE #1, ELENA KEANE, HILDA CASTILLO, and MARTINE HUMMEL on behalf of themselves nd all others similarly situated; SOUTHWEST VOTER REGISTRATION PROJECT, MI FAMILIA VOTA EDUCATIONAL FUND, LA UNION DEL PUEBLO ENTERO, UNIDOSUS, and ORGANIZATION OF CHINESE AMERICANS-GREATER HOUSTON

Plaintiffs,

vs.

DAVID WHITLEY, in his official capacity

§

as Texas Secretary of State, KEN PAXTON, in §

his official capacity as Texas Attorney General, §

GREG ABBOTT, in his official capacity as

§

Governor of Texas, KIM RINN, in her official §

capacity as Austin County Tax Assessor-

§

Collector, CHERYL E. JOHNSON, in her

§

official capacity as Galveston County Tax

§

Assessor-Collector, KAREN NELSON, in her §

official capacity as Smith County Elections

§

Administrator, LAURA WISE, in her

§

official capacity as Wood County Elections

§

Administrator, CONNIE BROWN, in her

§

official capacity as Angelina County Elections §

Administrator, GWENDA L. TSCHIRHART, §

in her official capacity as Bandera County Tax §

Assessor-Collector, KRISTEN SPIES, in her §

official capacity as Blanco County Tax Assessor- §

Collector, CRYSTAL DENMAN, in her official §

capacity as Bosque County Elections

§

SA-19-CV-074-FB
consolidated with
SA-19-CV-159-FB and SA-19-CV-171 -FB

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 2 of 73

Administrator, TRUDY HANCOCK, in her §

official capacity as Brazos County Elections §

Administrator, KATHRYN NEALY, in her §

official capacity as Gregg County Elections

§

Administrator, BOB REEVES, in his official §

capacity as Kerr County Tax Assessor-Collector, §

VICKI T. VOGEL, in her official capacity as §

Victoria County Elections Administrator, and §

MARY HOPE BARRERA, in her official

§

capacity as Willacy County Elections

§

Administrator,

§

§

Defendants.

§

THIRD AMENDED CLASS-ACTION COMPLAINT This class action is filed by U.S. citizens and registered voters of Texas who have been singled out for investigation and removal from the voter rolls by the Texas Secretary of State because they were born outside the United States. These individual Plaintiffs, on behalf of themselves and a class of similarly-situated individuals, seek declaratory and injunctive relief to protect the right of eligible citizens to vote and prevent Texas officials from taking action against them because of their national origin, race and/or color. Individual Plaintiffs are joined by organizations committed to increasing voter registration and participation of Latinos and Asian Americans in the political process and whose missions have been compromised by Defendants' actions.
INTRODUCTION 1. On January 25, 2019, the Office of the Texas Secretary of State issued an Election
Advisory to county voter registrars announcing that it would send them "actionable information" about registered voters who "provided documentation . . . showing that the
person is not a citizen of the United States."
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2. The Texas Secretary of State further instructed the registrars to use the information about the purported non-U.S. citizens for voter roll maintenance, including requiring the voters to provide documents to prove their U.S. citizenship.
3. The Texas Secretary of State compiled its list of suspect voters from information provided by the Texas Department of Public Safety about individuals who were non-U.S. citizens in the past. These individuals obtained driver's licenses or state identification cards when they were non-U.S. citizens authorized to live in the United States. The Texas driver's
licenses issued to lawful permanent resident immigrants are valid for six years. During this time period most lawful permanent resident immigrants become eligible to naturalize and register to vote. 4. The Texas Secretary of State is well aware that the 98,000 voters whose names he sent to counties as "Possible Non U.S. Citizens" include tens of thousands of naturalized U.S. citizens. Since sending the records of naturalized citizen voters to the counties, the Secretary of State's office has contacted the counties to advise them that the data is flawed.
However, the Secretary of State has neither withdrawn the list of suspect voters nor advised
the counties to refrain from acting on the flawed information. Austin County, Galveston County, Smith County, Wood County, Angelina County, Bandera County, Blanco County, Bosque County, Brazos County, Gregg County, Kerr County, Victoria County and Willacy County voter registrars acted on the Election Advisory and sent letters challenging the U.S.
citizenship of registered voters whose names were sent to them from the Secretary of State. 5. Plaintiffs seek a declaration that Defendants' targeting of them for investigation and
removal from the voter rolls, based only on the fact that they were born outside the United States, violates the First and Fourteenth Amendments and the federal Voting Rights Act.
3

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 4 of 73

Plaintiffs further seek damages and a declaration that Defendant Texas officials conspired
to violate their rights by coordinating an unfounded voter purge campaign with threats of
criminal prosecution aimed at naturalized citizen voters. Plaintiffs further seek an injunction requiring Defendants to cease the purge by withdrawing the list of suspect voters and the challenge letters sent to them, as well as reinstating the registration of any voters removed from the rolls for failure to respond to the purge letters.

JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction under 28 U.S.C. § 1331 and § 1343 over
Plaintiffs' causes of action under the United States Constitution and federal statutes. This

Court may grant Plaintiffs' request for declaratory and injunctive relief under 28 U.S.C. § 2201 and 2202.

7. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because: (1) State Defendants (in their official capacities) reside in Austin, Texas, which is within the

Western District of Texas, (2) Defendant voter registrars of Blanco, Bandera, Bosque and

Kerr counties reside (in their official capacities) in the Western District of Texas, (3) a

substantial part of the events or omissions giving rise to Plaintiffs' claims occurred in this

District, and (4) Plaintiffs Garibay, Tule Carrizales, Gomez and Hummel reside in the

Western District of Texas and no real property is involved in this action.

Plaintiffs

PARTIES

8. Plaintiff Julieta Garibay is a Latina resident and registered voter of Travis County, Texas.

Plaintiff Garibay is a naturalized U.S. citizen whose personal information appears on the

4

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 5 of 73
list of persons identified as non-U.S. citizens provided by Defendant Whitley to Travis
County as actionable information for investigation and removal from the voter rolls. 9. After she became a naturalized U.S. citizen, Plaintiff Garibay registered to vote in Travis
County, Texas. Plaintiff Garibay voted in the 2018 General Election. 10. On or about January 28, 2019, the Secretary of State placed her personal information on his
list of suspected non-U.S. citizens and sent it to Travis County as actionable information for investigation and removal from the voter rolls. Travis County informed Plaintiff Garibay in writing that it would investigate her U.S. citizenship in response to the list sent by Defendant Whitley. 11. Plaintiff Garibay is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Garibay is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Garibay is further injured by being investigated for illegal registration and voting. 12. Plaintiff Jane Doe #1 is a Latina resident and registered voter of Smith County, Texas. Plaintiff Jane Doe #1 is a naturalized U.S. citizen whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Smith County as actionable information for investigation and removal from the voter rolls. 13. After she became a naturalized U.S. citizen, Plaintiff Jane Doe #1 registered to vote in Smith County, Texas. Plaintiff Jane Doe #1 voted in the 2018 General Election. 14. On January 31, 2019, the Smith County Elections Administrator's office sent a letter to Plaintiff Jane Doe #1 stating "there is reason to believe you may not be a United States
5

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 6 of 73
citizen" and notifying her that if she fails to provide proof of citizenship within 30 days from the date of the letter, her voter registration will be cancelled. 15. On or about February 22, 2019, Plaintiff Jane Doe #1 received a letter from Smith County stating "Please be advised that you may have previously received correspondence from my office entitled Notice of Registered Voter for Proof of Citizenship[.] The purpose of this letter is to notify you to disregard that Notice." In this letter, Smith County explained that it sent the previous letter "at the direction of the Texas Secretary of State" and also maintained that Smith County "continues to review the voter registration list." Plaintiff Jane Doe #1 is concerned that her name remains on the list of suspect voters sent to Smith County by the Secretary of State, that she is still being investigated by the county, and that she may be required again to provide a document proving U.S. citizenship in the near
future.
16. Plaintiff Jane Doe #1 is injured by having been placed on the Secretary of State's list of
"Possible Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation
and possible removal of Plaintiff from the voter rolls. Plaintiff Jane Doe #1 is further injured by having been sent a Notice of Examination letter by Smith County, by the threat of removal, and by removal from the voter roll if she does not provide proof of citizenship to Smith County. Plaintiff Jane Doe #1 is further injured by having been investigated for illegal registration and voting. Plaintiff Jane Doe #1 is further injured by having been
stigmatized as a person who might have registered to vote illegally.
17. Plaintiff Jane Doe #2 is a Latina resident and registered voter of Wood County, Texas. Plaintiff Jane Doe #2 is a naturalized U.S. citizen whose personal information appears on

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 7 of 73
the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Wood
County as actionable information for investigation and removal from the voter rolls. 18. After she became a naturalized U.S. citizen, Plaintiff Jane Doe #2 registered to vote in
Wood County, Texas. Plaintiff Jane Doe #2 voted in the 2018 General Election. 19. On or about January 28, 2019, the Secretary of State placed her personal information on his
list of suspected non-U.S. citizens and sent it to Wood County as actionable information for
investigation and removal from the voter rolls. 20. On or about January 28, 2019, the Wood County Election Administrator's office sent a
letter to Plaintiff Jane Doe #2 stating "there is reason to believe you may not be a United States citizen" and notifying her that if she failed to provide proof of citizenship within 30 days from the date of the letter, her voter registration would be cancelled. Plaintiff Jane Doe #2 travelled to the Wood County elections office and showed her naturalization certificate to a clerk. 21. Plaintiff Jane Doe #2 is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Jane Doe #2 is further injured by having been sent a Notice of Examination letter by Wood County and by the threat of removal from the voter rolls. Plaintiff Jane Doe #2 is injured by having been required to provide proof of citizenship to Wood. County in order to remain on the voter rolls. Plaintiff Jane Doe #2 is further injured by having been subjected to an investigation into her citizenship status. Plaintiff Jane Doe #2 is further injured by having been
7

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 8 of 73
stigmatized as a person who might have registered to vote illegally. Plaintiff Jane Doe #2 is further injured by being investigated for illegal registration and voting. 22. Plaintiff Jane Doe #3 is a Latina resident and registered voter of Kerr County, Texas. Plaintiff Jane Doe #3 is a naturalized U.S. citizen whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Kerr County as actionable information for investigation and removal from the voter rolls. 23. After she became a naturalized U.S. citizen, Plaintiff Jane Doe #3 registered to vote in Kerr County, Texas. 24. On or about January 28, 2019, the Secretary of State placed her personal information on his list of suspected non-U.S. citizens and sent it to Kerr County as actionable information for investigation and removal from the voter rolls. 25. On or about January 28, 2019, the Kerr County Voter Registrar sent a letter to Plaintiff Jane Doe #3 stating "there is reason to believe you may not be a United States citizen" and notifying her that if she failed to provide proof of citizenship within 30 days from the date of the letter, her voter registration would be cancelled. 26. On or about February 20, 2019, Plaintiff Jane Doe #3 received a letter from Kerr County stating "Please be advised that you may have previously received correspondence from my office entitled Notice of Registered Voter for Proof of Citizenship[.] The purpose of this letter is to notify you to disregard that Notice." In this letter, Kerr County explained that it sent the previous letter "pursuant to the Texas Secretary of State's Advisory" and also maintained that Kerr County "continues to review the voter registration list." Plaintiff Jane Doe #3 is concerned that her name remains on the list of suspect voters sent to Kerr County
8

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 9 of 73
by the Secretary of State, that she is still being investigated by the county, and that she may
be required again to provide a document proving U.S. citizenship in the near future. 27. Plaintiff Jane Doe #3 is injured by having been placed on the Secretary of State's list of
"Possible Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Jane Doe #3 is further injured by having been sent a Notice of Examination letter by Kerr County and by the
threat of removal from the voter rolls. Plaintiff Jane Doe #3 is injured by having been required to provide proof of citizenship to Kerr County in order to remain on the voter rolls. Plaintiff Jane Doe #3 is further injured by having been subjected to an investigation into her citizenship status. Plaintiff Jane Doe #3 is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Jane Doe #3
is further injured by being investigated for illegal registration and voting. 28. Plaintiff John Doe #1 is a Latino resident and registered voter of Smith County, Texas.
Plaintiff John Doe #1 is a naturalized U.S. citizen whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Smith County as actionable information for investigation and removal from the voter rolls. 29. After he became a naturalized U.S. citizen, Plaintiff John Doe #1 registered to vote in Smith County, Texas. Plaintiff John Doe #1 voted in the 2016 and 2018 General Elections. 30. On January 31, 2019, the Smith County Elections Administrator's office sent a letter to Plaintiff John Doe #1 stating "there is reason to believe you may not be a United States citizen" and notifying him that if he fails to provide proof of citizenship within 30 days from the date of the letter, his voter registration will be cancelled.

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 10 of 73
31. On or about February 22, 2019, Plaintiff John Doe #1 received a letter from Smith County stating "Please be advised that you may have previously received correspondence from my office entitled Notice of Registered Voter for Proof of Citizenship[.J The purpose of this letter is to notify you to disregard that Notice." In this letter, Smith County explained that it sent the previous letter "at the direction of the Texas Secretary of State" and also maintained that Smith County "continues to review the voter registration list." Plaintiff John Doe #1 is concerned that his name remains on the list of suspect voters sent to Smith County by the Secretary of State, that he is still being investigated by the county, and that he may be required again to provide a document proving U.S. citizenship in the near future.
32. Plaintiff John Doe #1 is injured by having been placed on the Secretary of State's list of
"Possible Non U.S. Citizens" and having his identifying information sent to the county in which he is registered to vote with instructions to use that information for investigation and
possible removal of Plaintiff from the voter rolls. Plaintiff John Doe #1 is further injured by having been sent a Notice of Examination letter by Smith County, by the threat of removal, and by removal from the voter roll if he does not provide proof of citizenship to Smith County. Plaintiff John Doe #1 is further injured by having been investigated for illegal registration and voting. Plaintiff John Doe #1 is further injured by having been stigmatized
as a person who might have registered to vote illegally. 33. Plaintiff Elena Keane is a Latina resident and registered voter of Galveston County, Texas.
Plaintiff Keane is a naturalized U.S. citizen whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Galveston County as actionable information for investigation and removal from the voter rolls.
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34. Plaintiff Keane registered to vote after she became a U.S. citizen. On or about January 29, 2019, Plaintiff Keane received a voter challenge letter from Galveston County tax assessor Cheryl Johnson stating "there is reason to believe you may not be a United States citizen" and that Plaintiff Keane would be purged from the voter rolls unless she provided a certified copy of her citizenship papers within 30 days.
35. On or about January 31, 2019 Plaintiff Keane received a second letter from Galveston County tax assessor Cheryl Johnson stating that Plaintiff Keane had received the first letter in error "as a result of notification to us by the Texas Secretary of State (SOS) that you may not be a United States citizen."
36. Plaintiff Keane is injured by having been placed on the Secretary of State's list of "Possible
Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible
removal of Plaintiff from the voter rolls. Plaintiff Keane is injured by having been
subjected to an investigation into her citizenship status, and by the letter requiring her to prove her U.S. citizenship. Plaintiff Keane is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Keane is further injured by being investigated for illegal registration and voting.
37. Plaintiff Maria Felicitas Barbosa is a Latina resident and registered voter of Austin County, Texas. Plaintiff Barbosa is a naturalized U.S. citizen whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to
Austin County as actionable information for investigation and removal from the voter rolls. 38. After she became a naturalized U.S. citizen, Plaintiff Barbosa registered to vote in Austin
County, Texas. Plaintiff Barbosa voted in the 2016 and 2018 General Elections.
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39. On or about January 28, 2019, the Secretary of State placed her personal information on his list of suspected non-U.S. citizens and sent it to Austin County as actionable information
for investigation and removal from the voter rolls. 40. On or about January 28, 2019, the Austin County Tax Assessor-Collector sent a letter to
Plaintiff Barbosa stating "there is reason to believe you may not be a United States citizen" and notifying her that if she failed to provide proof of citizenship within 30 days from the date of the letter, her voter registration would be cancelled. Plaintiff Barbosa travelled to the Austin County elections office and showed her naturalization certificate to a clerk. 41. On or about February 25, 2019, Plaintiff Barbosa received a letter from Austin County stating "Please be advised that you may have previously received correspondence from my office entitled Notice of Registered Voter for Proof of Citizenship[.] The purpose of this letter is to notify you to disregard that Notice." In this letter, Austin County explained that it sent the previous letter "pursuant to the Texas Secretary of State's Advisory" and also maintained that Austin County "continues to review the voter registration list." Plaintiff Barbosa is concerned that her name remains on the list of suspect voters sent to Austin County by the Secretary of State, that received a second letter from Austin County after she provided the county documentary proof of U.S. citizenship, that she is still being investigated by the county, and that she may be required again to provide a document proving U.S. citizenship in the near future. 42. Plaintiff Barbosa is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Barbosa is further injured by
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having been sent a Notice of Examination letter by Austin County and by the threat of removal from the voter rolls. Plaintiff Barbosa is injured by having been required to provide proof of citizenship to Austin County in order to remain on the voter rolls. Plaintiff Barbosa is injured by having been subjected to an investigation into her citizenship status. Plaintiff Barbosa is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Barbosa is further injured by being
investigated for illegal registration and voting.
43. Plaintiff Martine Hummel is a resident and registered voter of Travis County, Texas. Plaintiff Hummel is a naturalized U.S. citizen whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Travis
County as actionable information for investigation and removal from the voter rolls. 44. After she became a naturalized U.S. citizen, Plaintiff Hummel registered to vote in Travis
County, Texas. Plaintiff Hummel voted in the 2018 March Primary Election and 2018 General Election. 45. On or about January 28, 2019, the Secretary of State placed her personal information on his list of suspected non-U.S. citizens and sent it to Travis County. On or about February 4, 2019, Travis County informed Plaintiff Hummel that she was on the list and the county would investigate her U.S. citizenship and eligibility to vote. The Voter Registration Director in Travis County told Plaintiff Hummel that other people in Travis County had cancelled their voter registrations to get off the suspect voter list, and suggested to Plaintiff Hummel that she do the same. 46. Plaintiff Hummel is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying information sent to the county in
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which she is registered to vote with instructions to use that information for investigation
and possible removal of Plaintiff from the voter rolls. Plaintiff Hummel is further injured
by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Hummel is further injured by being investigated for illegal registration and voting.
47. Plaintiff Hilda Castillo is a Latina resident and registered voter of Hidalgo County, Texas. Plaintiff Castillo is a naturalized U.S. citizen who obtained a Texas driver's license prior to becoming a U.S. citizen. Plaintiff Castillo registered to vote after becoming a U.S. citizen. On or about January 28, 2019, the Secretary of State placed her personal information on his list of suspected non-U.S. citizens and sent it to Hidalgo County.
48. Plaintiff Castillo is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Castillo is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Castillo is further injured by being investigated for illegal registration and voting.
49. Plaintiff Castillo is a member of Plaintiff La Union Del Pueblo Entero ("LUPE"). 50. Plaintiff Maria Yolisma Garcia is a Latina resident and registered voter of Dallas County,
Texas. Plaintiff Garcia is a naturalized U.S. citizen who obtained a Texas driver's license prior to becoming a U.S. citizen. After she became a naturalized U.S. citizen, Plaintiff Garcia registered to vote. Plaintiff Garcia meets the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Dallas County as actionable information for investigation and removal from the voter rolls. Plaintiff Garcia provided documentation to DPS showing that
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she was not a citizen of the United States when she first obtained a Texas driver's license. She also appears on the state voter rolls maintained by the Texas Secretary of State. 51. Upon information and belief, Plaintiff Garcia is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying
information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Garcia is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Garcia is further injured by being investigated for illegal registration and voting.
52. Plaintiff Lorena Tule-Romain is a Latina resident and registered voter of Dallas County, Texas. Plaintiff Tule-Romain is a naturalized U.S. citizen who obtained a Texas driver's
license prior to becoming a U.S. citizen. After she became a naturalized U.S. citizen, Plaintiff Tule-Romain registered to vote. Plaintiff Tule-Romain meets the description of individuals whose personal information appears on the list of persons identified as nonU.S. citizens provided by Defendant Whitley to Dallas County as actionable information for investigation and removal from the voter rolls. Plaintiff Tule-Romain provided
documentation to DPS showing that she was not a citizen of the United States when she first obtained a Texas driver's license. She also appears on the state voter rolls maintained by the Texas Secretary of State. 53. Upon information and belief, Plaintiff Tule-Romain is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying
information sent to the county in which she is registered to vote with instructions to use
that information for investigation and possible removal of Plaintiff from the voter rolls.
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Plaintiff Tule-Romain is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Tule-Romain is further injured by being investigated for illegal registration and voting. 54. Plaintiff Abraham Josue Espinosa Flores is a Latino resident and registered voter of Harris County, Texas. Plaintiff Espinosa Flores is a naturalized U.S. citizen who obtained a Texas driver's license prior to becoming a U.S. citizen. Plaintiff Espinosa Flores registered to vote after becoming a U.S. citizen. Plaintiff Espinosa Flores meets the description of individuals whose personal information appears on the list of persons identified as nonU.S. citizens provided by Defendant Whitley to Harris County as actionable information for investigation and removal from the voter rolls. Plaintiff Espinosa Flores provided documentation to DPS showing that he was not a citizen of the United States when he first obtained a Texas driver's license. He also appears on the state voter rolls maintained by the Texas Secretary of State. 55. Upon information and belief, Plaintiff Espinosa Flores is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having his identifying information sent to the county in which he is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Espinoza Flores is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Espinosa Flores is further injured by being investigated for illegal registration and voting. 56. Plaintiff Viridiana Tule Carrizales is a Latina resident and registered voter of Bexar County, Texas. Plaintiff Tule Carrizales is a naturalized U.S. citizen who obtained a Texas driver's license prior to becoming a U.S. citizen. After she became a naturalized U.S.
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citizen, Plaintiff Tule Carrizales registered to vote. Plaintiff Tule Carrizales meets the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Bexar County as actionable information for investigation and removal from the voter rolls. Plaintiff Tule Carrizales provided documentation to DPS showing that she was not a citizen of the United States when she first obtained a Texas driver's license. She also appears on the state voter rolls maintained by the Texas Secretary of State. 57. Upon information and belief, Plaintiff Tule Carrizales is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Tule Carrizales is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Tule Carrizales is further injured by being investigated for illegal registration and voting. 58. Plaintiff Efren A. Gomez is a Latino resident and registered voter of Bexar County, Texas. Plaintiff Gomez is a naturalized U.S. citizen who obtained a Texas driver's license prior to becoming a U.S. citizen. Plaintiff Gomez registered to vote after becoming a U.S. citizen. Plaintiff Gomez meets the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Bexar County as actionable information for investigation and removal from the voter rolls. Plaintiff Gomez provided documentation to DPS showing that he was not a citizen of the United States when he first obtained a Texas driver's license. He also appears on the state voter rolls maintained by the Texas Secretary of State.
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59. Upon information and belief, Plaintiff Gomez is injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having his identifying information sent to the county in which he is registered to vote with instructions to use that information for investigation and possible removal of Plaintiff from the voter rolls. Plaintiff Gomez is further injured by having been stigmatized as a person who might have registered to vote illegally. Plaintiff Gomez is further injured by being investigated for illegal registration and voting.
60. Plaintiffs Garibay, Keane, Garcia, Tule-Romain, Espinosa Flores, Tule Carrizales, Barbosa, Jane Doe #1, Jane Doe #2, Jane Doe #3, John Doe #1, Hummel, Gomez, and Castillo sue on their own behalf and on behalf of:
a. a class comprised of all persons who are now or will be naturalized U.S. citizens, whose records maintained by the Texas Department of Public Safety show that they are not citizens of the United States, and who have registered to vote in Texas ("General Class"); and
b. a subclass comprised of all members of the General Class who are Latino
("Latino Subclass"). 61. Plaintiff Southwest Voter Registration Education Project ("SVREP") is a nonprofit
organization whose mission is to build political power among Latinos and other minority groups by increasing their participation in the U.S. democratic process. To achieve that mission, SVREP conducts the following programs: get-out-the-vote; voter registration; voter turnout; and other programs designed to educate voters. Since it was founded in 1974, SVREP has registered over 2.7 million voters. SVREP conducts its voter registration activities at community-based sites such as school campuses, malls, and fairs. SVREP
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registered voters and conducted get-out-the-vote activities in Bexar, Dallas, Tarrant, and Harris counties in 2018. 62. Defendants' actions have injured Plaintiff SVREP by calling into question and threatening to cancel the voter registration of naturalized citizens in Texas, including naturalized citizens whom SVREP has registered or seeks to register, and by discouraging naturalized individuals from registering to vote and voting, thus draining SVREP's resources and impairing SVREP's ability to carry out its mission. 63. Plaintiff Mi Familia Vota Education Fund ("MFV") is a national nonprofit organization whose mission is to expand the Latino electorate and increase justice for Latinos through increased civic participation. MFV is headquartered in Phoenix, Arizona, and serves individuals in Texas. To promote civic engagement in the communities it serves, MFV conducts citizenship assistance, voter registration, voter education, and get-out-the-vote activities throughout Texas, including in the Dallas, Houston, and San Antonio metropolitan areas. In the Houston area alone, MFV hosted 89 different voter registration events in 2018, and helped register voters at naturalization ceremonies. MFV registered approximately 3,400 people to vote in Texas in 2018. 64. Defendants' actions have injured Plaintiff MFV by calling into question and threatening to cancel the voter registration of naturalized citizens in Texas, including naturalized citizens whom MFV has registered or seeks to register, and by discouraging naturalized individuals from registering to vote and voting, thus draining MFV's resources and impairing MFV's ability to carry out its mission. 65. Plaintiff La Union Del Pueblo Entero ("LUPE") is a nonprofit membership organization
founded on the belief that members of the low-income community have the responsibility
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and the obligation to organize themselves. LUPE's mission is to build strong, healthy communities in the Texas Rio Grande Valley through community organizing and civic engagement. To promote civic engagement in the communities it serves, LUPE conducts voter registration, voter education, and non-partisan get-out-the-vote campaigns, as well as assists individuals to prepare their naturalization applications. LUPE is headquartered in San Juan, Texas, and its members primarily reside in Hidalgo, Cameron, Willacy, and Starr Counties, Texas. LUPE has over 8,000 members, including Latino naturalized U.S. citizens who are registered to vote. LUPE registers voters year-round, including at its monthly membership meetings, at house meetings, in all of the LUPE offices and especially at the three area naturalization ceremonies where new citizens take their oath. 66. Plaintiff LUPE has members that meet the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to counties as actionable information for investigation and removal from the voter rolls. Plaintiff LUPE's affected members are injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having their identifying information sent to the counties in which they are registered to vote with instructions to use that information for investigation and possible removal of those members from the voter rolls. Plaintiff LUPE's affected members are further injured by having been stigmatized as persons who might have registered to vote illegally. 67. Defendants' actions have also injured Plaintiff LUPE by calling into question and threatening to cancel the voter registration of naturalized citizens in Texas, including naturalized citizens whom LUPE has registered or seeks to register, and by discouraging
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naturalized individuals from registering to vote and voting, thus draining LUPE's resources and impairing LUPE's ability to carry out its mission. 68. Plaintiff UnidosUS is a nonprofit organization founded on the belief that to build a stronger America better opportunities must be created for Latinos. The mission of UnidosUS is to advocate for Latinos in the areas of civic engagement, education, the workforce, civil rights, immigration, health, housing, and the economy. To promote civic engagement among Latinos, UnidosUS registers voters through its Latino Empowerment and Advocacy Project ("LEAP"), as well as through its High School Democracy Project. Through these two programs, UnidosUS focuses on registering voters in El Paso and the Rio Grande Valley in Texas. Prior to the 2018 General Election, UnidosUS registered nearly 10,000 Latinos in Texas to vote. UnidosUS conducts voter registration, voter education, and nonpartisan get-out-the-vote campaigns. UnidosUS partners with nearly 300 affiliates across the country to increase civic engagement, with many of these affiliates based in Texas. UnidosUS also has staff and volunteers on the ground in Texas. 69. Defendants' actions have injured Plaintiff UnidosUS by calling into question and threatening to cancel the voter registration of naturalized citizens in Texas, including naturalized citizens whom UnidosUS has registered or seeks to register, and by discouraging naturalized individuals from registering to vote and voting, thus draining UnidosUS's resources and impairing UnidosUS's ability to carry out its mission. 70. Plaintiff OCA-Greater Houston ("OCA-GH") is a Texas non-profit corporation that is a local chapter of the Organization of Chinese Americans ("OCA"), a national membershipdriven social justice and civil rights organization of community advocates dedicated to advancing the social, political, and economic well-being of Asian Pacific Americans.
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Founded in 1979, OCA-GH's overarching goal is to increase the long-term leadership, civic participation, education and engagement of Asian Americans in the Greater Houston metropolitan area. OCA-GH seeks to accomplish this in a holistic manner that includes people who may have limited English proficiency and/or are low-income as Asian Americans in Greater Houston face language, cultural, and economic barriers that can limit the Asian American community from attaining its hopes and aspirations. 71. OCA-GH serves parts of the Greater Houston area with significant Asian American populations, including southwest Houston, Harris and Fort Bend counties, Sugarland, Jersey Village, Pearland, and Clear Lake. OCA-GH currently has about 160 dues-paying members as well as additional volunteers and students who do not pay dues. Some OCAGH constituents have limited English proficiency, and close to 35% of Asian Americans in the Greater Houston area are limited English proficient. 72. OCA-GH implements programs, activities, and outreach events for the Greater Houston Asian American community regardless of membership in OCA-GH. For example, since 2013, OCA-GH has held monthly citizenship workshops assisting lawful permanent resident immigrants with their citizenship applications. To date, OCA-GH has assisted 800+ individuals with their citizenship applications. 73. OCA-GH also works year-round to educate the Asian American community on the importance of voting and to encourage U.S. citizens to fulfill their civic duty by registering and voting. For example, OCA-GH, as part of its work around elections and civic engagement, reminds those individuals whom it has help naturalized to register to vote. 74. OCA-GH also organizes volunteers for non-partisan civic engagement activities including but not limited to door knocking on over 3,200 households, phone banking 1,316
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individuals in 2018 alone, texting 6,400 messages, voter education, candidate forums, voter registration, and voting assistance. For example, OCA-GH conducted 30+ voter registration drives in 2018, registering 3,346 individuals. OCA-GH has also registered voters at naturalization ceremonies as well as at universities, churches, temples, and community events.
75. OCA-GH has also conducted an AAPI Exit Survey of voters in Houston since 1994 to better capture Asian American civic engagement, voting preferences, and issues of
concerns that are often underrepresented in polling reported by media. In 2018, OCA-GH surveyed 487 AAPI voters on Election Day at three sites in Fort Bend and five sites in Alief, Texas. 76. OCA-GH has members who meet the description of individuals whose personal
information appears on the list of persons identified as non-U.S. citizens provided by
Defendant Whitley to counties as actionable information for investigation and removal from the voter rolls. Plaintiff OCA-GH's affected members are injured by having been placed on the Secretary of State's list of "Possible Non U.S. Citizens" and having their identifying information sent to the counties in which they are registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff OCA-GH's affected members are further injured by having been stigmatized as persons who might have registered to vote illegally. 77. Defendants' actions have also injured Plaintiff OCA-GH by calling into question the voter registration of naturalized citizens in Texas and discouraging naturalized individuals from registering to vote and voting, thus draining OCA-GH's resources and impairing OCA-GH's ability to carry out its mission.
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Defendants 78. Defendant David Whitley is the Texas Secretary of State. The Secretary of State is one of six state officials who form the Executive Department of Texas. Defendant Whitley is appointed by the Governor, with confirmation by the Senate, and serves at the pleasure of the Governor. Defendant Whitley serves as Chief Election Officer for Texas, assisting county election officials and ensuring the uniform application and interpretation of election laws throughout Texas. Defendant Whitley provides information and instruction to counties on how to administer voter registration and maintain the voter rolls, including when and how to investigate and remove registered voters from the rolls because of suspected non-U.S. citizenship. Defendant Whitley has the ability to refer elections complaints to the Office of the Attorney General for investigation and prosecution. At all times relevant herein, Defendant Whitley acted under color of state law. Defendant Whitley is sued in his official capacity. 79. Defendant Ken Paxton is the Texas Attorney General. The Office of the Attorney General has statewide investigation authority and concurrent prosecution authority with local elected prosecutors over the election laws of the State. In his capacity as Attorney General, Defendant Paxton and his office investigate and prosecute violations of the Texas Election Code, including illegal voting. At all times relevant herein, Defendant Paxton acted under color of state law. Defendant Paxton is sued in his official capacity. 80. Defendant Greg Abbott is the Governor of Texas. In that capacity, he appoints and directs the activities of the Texas Secretary of State. Defendant Abbott is the chief executive and chief law enforcement officer of Texas. At all times relevant herein, Defendant Abbott acted under color of state law. Defendant Abbott is sued in his official capacity.
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81. Defendant Kim Rinn is the Austin County Tax Assessor-Collector. In that capacity,
Defendant Rinn serves as the voter registrar for and maintains the voter rolls of Austin
County. Defendant Rinn also provides the poll books for elections in Austin County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Rinn acted under color of state law. Defendant Rinn is sued in her official capacity. 82. Defendant Cheryl E. Johnson is the Galveston County Tax Assessor-Collector. In that capacity, Defendant Johnson serves as the voter registrar for and maintains the voter rolls of Galveston County. Defendant Johnson also provides the poll books for elections in Galveston County and provides programs on voter registration, voter participation and
citizenship. At all times relevant herein, Defendant Johnson acted under color of state law.
Defendant Johnson is sued in her official capacity. 83. Defendant Karen Nelson is the Smith County Elections Administrator. In that capacity,
Defendant Nelson serves as the voter registrar for and maintains the voter rolls of Smith County. Defendant Nelson also provides the poll books for elections in Smith County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Nelson acted under color of state law. Defendant Nelson is sued in her official capacity. 84. Defendant Laura Wise is the Wood County Elections Administrator. In that capacity, Defendant Wise serves as the voter registrar for and maintains the voter rolls of Wood County. Defendant Wise also provides the poll books for elections in Wood County and provides programs on voter registration, voter participation and citizenship. At all times
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relevant herein, Defendant Wise acted under color of state law. Defendant Wise is sued in her official capacity. 85. Defendant Connie Brown is the Angelina County Elections Administrator. In that capacity, Defendant Brown serves as the voter registrar for and maintains the voter rolls of Angelina County. Defendant Brown also provides the poll books for elections in Angelina County and provides programs on voter registration, vOter participation and citizenship. At all times relevant herein, Defendant Brown acted under color of state law. Defendant Brown is sued in her official capacity. Upon information and belief, Defendant Brown sent 60-70 Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant Whitley to the county. 86. Defendant Gwenda L. Tschirhart is the Bandera County Tax Assessor Collector. In that capacity, Defendant Tschirhart serves as the voter registrar for and maintains the voter rolls of Bandera County. Defendant Tschirhart also provides the poll books for elections in Bandera County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Tschirhart acted under color of state law. Defendant Tschirhart is sued in her official capacity. Upon information and belief, Defendant Tschirhart sent 19 Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant Whitley to the county. Defendant Tschirhart subsequently sent 9 letters to voters telling the voters to disregard the original Notices. 87. Defendant Kristen Spies is the Blanco County Tax Assessor-Collector. In that capacity, Defendant Spies serves as the voter registrar for and maintains, the voter rolls of Blanco County. Defendant Spies also provides the poil books for elections in Blanco County and
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provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Spies acted under color of state law. Defendant Spies is sued in her official capacity. Upon information and belief, Defendant Spies sent 7 Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant Whitley to the county. 88. Defendant Crystal Denman is the Bosque County Elections Administrator. In that capacity, Defendant Denman serves as the voter registrar for and maintains the voter rolls of Bosque County. Defendant Denman also provides the poll books for elections in Bosque County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Denman acted under color of state law. Defendant Denman is sued in her official capacity. Upon information and belief, Defendant Denman sent Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant Whitley to the county. 89. Defendant Trudy Hancock is the Brazos County Elections Administrator. In that capacity, Defendant Hancock serves as the voter registrar for and maintains the voter rolls of Brazos County. Defendant Hancock also provides the poll books for elections in Brazos County and provides programs on voter registration, voter participation and citizenship. At all
times relevant herein, Defendant Hancock acted under color of state law. Defendant
Hancock is sued in her official capacity. Upon information and belief, Defendant Hancock sent Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant Whitley to the county. 90. Defendant Kathryn Nealy is the Gregg County Elections Administrator. In that capacity,
Defendant Nealy serves as the voter registrar for and maintains the voter rolls of Gregg
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County. Defendant Nealy also provides the poil books for elections in Gregg County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Nealy acted under color of state law. Defendant Nealy is sued in her official capacity. Upon information and belief, Defendant Nealy sent 99 Notice of
Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters
sent by Defendant Whitley to the county. 91. Defendant Bob Reeves is the Kerr County Tax Assessor Collector. In that capacity,
Defendant Reeves serves as the voter registrar for and maintains the voter rolls of Kerr County. Defendant Reeves also provides the poll books for elections in Kerr County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Reeves acted under color of state law. Defendant Reeves is sued in his official capacity. Upon information and belief, Defendant Reeves sent 68 Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant Whitley to the county. 92. Defendant Vicki T. Vogel is the Victoria County Elections Administrator. In that capacity, Defendant Vogel serves as the voter registrar for and maintains the voter rolls of Victoria County. Defendant Vogel also provides the poll books for elections in Victoria County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Vogel acted under color of state law. Defendant Vogel is sued in her official capacity. Upon information and belief, Defendant Vogel sent 128 Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant Whitley to the county. Defendant Vogel subsequently sent 29 letters to voters asking them to disregard the Notices of Examination.
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93. Defendant Mary Hope Barrera is the Willacy County Elections Administrator. In that
capacity, Defendant Barrera serves as the voter registrar for and maintains the voter rolls of
Willacy County. Defendant Barrera also provides the poll books for elections in Willacy County and provides programs on voter registration, voter participation and citizenship. At
all times relevant herein, Defendant Barrera acted under color of state law. Defendant
Barrera is sued in her official capacity. Upon information and belief, Defendant Barrera
sent Notice of Examination letters requiring proof of U.S. citizenship to 128 voters on the list of suspect voters sent by Defendant Whitley to the county.
FACTUAL BACKGROUND Driver's Licenses in Texas
94. Non-U.S. citizens who are authorized to live in the United States are eligible for Texas driver's licenses and identification cards. To obtain a driver's license (or state identification card) in Texas, a non-U.S. citizen must go to the Texas Department of Public Safety (DPS), complete an application, and must present to DPS "documentation issued by the appropriate United States agency that authorizes the applicant to be in the United States before the applicant may be issued a driver's license."1
1 See Tex. Transp. Code § 521.142(a); see also 37 Tex. Admin. Code § 15.46 ("applicant for an original, renewal, or duplicate of a Texas driver license or personal identification certificate must provide information relating to their United States citizenship and provide their county of residence at the time of application.").
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95. Texas requires all non-U.S. citizens who apply for a driver's license to show a permanent resident immigrant card (also known as a "green card") or other document issued by the federal government showing that they are authorized to live in the United States.2
96. In addition, Texas only allows non-U.S. citizens to demonstrate their identity through
presentation of an "unexpired document issued by the United States Citizenship and
Immigration Services or successor federal immigration agency" or a visa issued by the U.S. State Department.3 DPS retains information showing a non-U.S. citizen's authorized presence in the U.S. in that individual's driver's license record.4 97. Adult lawful permanent resident immigrants receive standard Texas driver's licenses that are valid for six years.5 All original licenses that are not provisional licenses, learner
licenses, or occupational driver's licenses issued to a "legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expire[. . .} on the first birthday of the license holder occurring after the sixth anniversary of the date of the application."6 98. Non-U.S. citizens with long-term visas authorizing them to live and work in the U.S. also receive long-term driver's licenses.7 Certain other non-U.S. citizens receive driver's licenses of shorter duration but these licenses can be renewed by showing a new document that authorizes continued presence in the U.S.8
2
37 Tex. Admin. Code § 15.24(1). See Tex. Transp. Code § 521.041(a); see also 37 Tex. Admin. Code § 15.101 (DPS "is required by law to maintain records on licensed drivers."). See Tex. Transp. Code § 52 1.271. 6 Tex. Transp. Code § 521.271(a)(1). Tex. Transp. Code § 521.271(a-2)-(a-4). 8 See Tex. Transp. Code § 521.1425(c)(2).
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99. Lawful permanent resident immigrants very commonly naturalize and register to vote.
There is no requirement for naturalized U.S. citizens to present proof of citizenship to DPS upon naturalization or prior to the expiration of their driver's licenses. A Texas driver's license holder is only required to notify DPS if the person changes address or seeks protection of personal information.9 100. Citizenship information is not updated by DPS until after the driver's license holder brings the agency proof of U.S. citizenship; this can be years after the individual is naturalized and registered to vote. Even if DPS updates its records to reflect the new U.S. citizenship of a driver's license holder, DPS retains the information that the individual originally secured the driver's license as a non-U.S. citizen.
Naturalizations in Texas 101. Lawful permanent resident immigrants typically become eligible for naturalization in five years. The waiting period is four years for asylees who have permanent resident status and
three years for spouses of U.S. citizens. Thus a typical permanent resident immigrant in Texas who obtains a six-year driver's license will be eligible to become a U.S. citizen before that driver's license expires. It may be several years between the time a new U.S. citizen registers to vote and the time she goes to DPS to renew her driver's license and provide updated citizenship information. 102. According to the U.S. Department of Homeland Security, for fiscal years 2012-2017, less than the time period of a standard driver's license, over 340,000 individuals naturalized in Texas. An average of 58,092 individuals naturalized in Texas in each of those years.
See Tex. Transp. Code § 52 1.054 (a)-(b).
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103. The U.S. Department of Homeland Security also reported, for fiscal years 2012-2017, that 47% of the immigrants naturalized in Texas were originally from the Latin American countries of Mexico, El Salvador, Guatemala, Honduras, Colombia, Cuba, Peru, and Venezuela; and approximately 25% of immigrants naturalized in Texas were originally from the Asian countries of China, South Korea, India, the Philippines, Bangladesh,
Burma, Iran, Iraq, Nepal, Pakistan, and Vietnam. 104. According to data from the United States Census Bureau, among Texas naturalized U.S.
citizens, 51.7% are Latino and 28.8% are Asian American. Only 11.6% of Texas naturalized citizens are non-Latino White.'° 105. Both local election officials and non-profit organizations offer voter registration assistance to newly naturalized citizens outside of naturalization ceremonies. For example, the Harris County Voter Registrar routinely sends staff members to naturalization ceremonies in the Houston area to register new voters. In addition, naturalized voters in Texas may register to vote at the Texas Department of Public Safety, by mail, at the voter registrar's office, at community events, or with the assistance of private individuals who are deputized by counties as voter registrars. Latino Political Participation in Texas 106. In 2017, the Latino citizen voting age population of Texas was approximately 30%. 107. Among Texas Latinos who are eligible to vote (adult U.S. citizens), 17% are naturalized
U.S. citizens.
10 American Community Survey FactFinder, Selected Characteristics ofthe Native and Foreign-Born
Populations (Texas), United States Census Bureau (2017 5-year ACS data), available at https://factfinder.census.gov/bknik/table/ I .O/en/ACS/ I 75YR1S050 1 104000001JS48 (accessed January 31, 2019).
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108. In the 2018 midterm election, Texas Latino voters more than doubled their turnout when compared to the 2014 midterm elections. According to the Texas Legislative Council and Texas Secretary of State, in the 2014 midterm elections, 682,741 Latinos cast votes. In the 2018 midterm elections, 1,604,589 Latinos cast votes.
109. Compared with 2014, Texas Latinos increased their vote share in the 2018 midterm election by about five percentage points. According to the Texas Legislative Council and
Texas Secretary of State, in 2014, Latinos cast 14.4% of all votes cast. In 2018, Latinos cast 19.1% of all votes cast. Asian American Political Participation in Texas 110. In 2017, the Asian American citizen voting age population of Texas was approximately
4%. 111. Among Texas Asian Americans who are eligible to vote (adult U.S. citizens),
approximately 73% are naturalized U.S. citizens. 112. In the 2016 general elections, Texas Asian American voters increased their turnout by
approximately 57% when compared to the 2012 general elections. According to the United States Census Bureau, in the 2012 general elections, approximately 214,000 Asian Americans cast votes. In the 2016 general elections, approximately 338,000 Asian Americans cast votes.11
The Secretary of State's List of "Possible Non U.S. Citizens"
' United States Census Bureau, Voting and Registration in the Election of November 2012 (May 2013) Table 4b. Reported Voting and Registration, by Sex, Race and Hispanic Origin, for States: November 2012, available at https://www.census.gov/data/tables/20 1 2/demo/voting-and-registrationlp20-568.html; United States Census Bureau, Voting and Registration in the Election of November 2016 (May 2017) Table 4b. Reported Voting and Registration, by Sex, Race and Hispanic Origin, for States: November 2016, available at https://www.census.ov/dataItables/time-series/demo/voting-and-registration/p2O580.html
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113. On January 25, 2019, Defendant Whitley's Director of Elections Keith Ingram released
Election Advisory No. 2019-02 ("the Advisory") to all voter registrars in Texas. The
Advisory stated that the Office of the Secretary of State, beginning the following day,
would provide to Texas counties information about "individuals who provided
documentation to DPS showing that the person is not a citizen of the United States during the process of obtaining or acquiring a Texas Driver License or Personal Identification
Card from DPS."2
114. The Advisory stated that the Office of the Secretary of State had worked with DPS since March 2018 to "produce actionable information voter registrars" could use for voter list maintenance.13 While doing so, the Secretary of State claimed in the Advisory that his office "sought to create the strongest matching criteria that produces the least possible
impact on eligible Texas voters while fulfilling the responsibility to manage the voter
rolls," in accordance with Section 18.0681 of the Texas Election Code.'4 The Advisory
further advised counties that "we believe the data we are providing can be acted on in nearly all circumstances."15 115. The Advisory stated that Defendant Whitley's office limited the DPS data that it was going to produce to counties "to individuals who provided valid documents indicating the
12 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at htt,s://www.sos.state.tx.us/elections/laws/advisory20 1 9-02.shtml (accessed January 30, 2019).
13 Id. 14 Id. The Election Code Section cited by the Advisory deals with "matching criteria" for potentially duplicate voter records, or voters who may "have more than one voter registration record on file." Tex. Elec. Code § 18.0681(a).
'5Election Advisory No. 20 19-02, Texas Secretary of State (January 25, 2019), available at https:I/www.sos.state.tx.uslelections/laws/advisory20 I 9-02.shtrnl (accessed January 30, 2019).
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person is not a citizen of the United States at the time the person obtained a Driver License
or Personal Identification Card." (emphasis added).16 116. The Advisory stated: "Our office has obtained the preliminary data file for all current
(unexpired) Driver License and Personal Identification cards that meet this criteria, and we
will run that set of information tomorrow evening."7
117. In creating the list, Defendant Whitley's office compared all current driver's licenses to voting records dating back to 1996.18
118. The Advisory anticipated that counties would be met with requests from the public for
the lists of non-U.S. citizens but urged counties to contact their "local prosecutor and the attorney general, who have jurisdiction over such matters" if the counties received such
requests.'9
119. The Advisory claimed that the criteria used to match registered voters to driver's license records are "some of the strongest possible matching criteria used" by the Secretary of State and advised that "the county may choose to investigate the voter, pursuant to Section 16.033, Election Code." The Advisory also explained that if the list being sent by the Office of the Secretary of State "provides the registrar with reason to believe the person is
16 Id.
'7Id. 18 Robert T. Garrett, Texas'top election official: About 58,000 non-citizens cast ballots in state elections since 1996, Dallas News (January 25, 2019), available at https://www.da!Iasnews.com/news/texaspol itics/20 1 9/01/25/texas-top-election-official-since-I 996-tens-thousands-non-citizens-voted-stateelections (accessed February 6, 2019). 19 Election Advisory No. 2019-02,Texas Secretary of State (January 25, 2019), available at https://www.sos.staie.tx.us/elections/Jaws/advisory2O I 9-02.shtml (accessed January 30, 2019).
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no longer eligible for registration. . . the registrar should send a Notice of Examination for Citizenship (Proof of Citizenship) (PDF) Letter."2°
120. The Advisory provided county registrars with instructions to send voters a form letter stating: "Your registration status is being investigated because there is reason to believe you may not be a United States citizen. . . You are now required to confirm your eligibility
for registration by providing proof of citizenship to maintain your registration status. . . If you fail to provide this proof of citizenship within 30 days from the date of this letter, your
voter registration will be cancelled."2'
121. Upon publishing its Advisory, the Texas Secretary of State's office also published a news
release on January 25, 2019, announcing that Defendant Whitley "issued an advisory to county voter registrars regarding voter registration list maintenance activities, which include identifying any non-U.S. citizens registered to vote in the State of Texas."22 122. Defendant Whitley claimed that his office had "discovered that a total of approximately 95,000 individuals identified by DPS as non-U.S. citizens have a matching voter
registration record in Texas, approximately 58,000 of whom have voted in one or more Texas elections." The news release further emphasized that "[v]oting in an election in
which the person knows he or she is not eligible to vote is a second-degree felony in the State of Texas" and declared that the Office of the Secretary of State had "immediately
20 Id.; see also "Notice to Registered Voter for Proof of Citizenship," Texas Secretary of State, available
at https://www.sos.state.tx,us/elections/forms/bw i-i 2.pdf (accessed January 31, 2019).
21 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2O I 9-02.shtml (accessed January 30, 2019); see also "Notice to Registered Voter for Proof of Citizenship," Texas Secretary of State, available at https://www,sos.state,tx.us/elections/forrns/bwl -1 2.pdf (accessed January 31, 2019). 22 Secretary Whitley Issues Advisory On Voter Registration List Maintenance Activity, Texas Secretary of State (January 25, 2019), available at https://www.sos.texas.gov/about/newsreleases/20 19/012519 .shtml (accessed January 30, 2019).

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 37 of 73
provided the data in its possession to the Texas Attorney General's office, as the Secretary of State has no statutory enforcement authority to investigate or prosecute alleged illegal activity in connection with an election."23 123. Defendant Whitley's news release also stated that his office provided the information about potential non-U.S. citizen to counties "so that the county voter registrar can take action."24 The news release declared that "[i]f a registered voter is identified as a non-U.S. citizen, he or she should receive a Notice of Examination (PDF) from the county voter registrar indicating that his or her registration status is being examined on the grounds that he or she is not a U.S. citizen." (emphasis added).25 124. On the same day that Defendant Whitley issued his Advisory and news release, Defendant Attorney General Paxton issued a press release declaring "Texas Secretary of State's Office Discovers Nearly 95,000 People Identified by DPS as Non-U.S. Citizens are Registered to Vote in Texas." The news release referenced the Secretary of State's press release and stated that every "instance of illegal voting threatens democracy in our state and deprives individual Texans of their voice." Defendant Paxton further stated "My Election Fraud Unit stands ready to investigate and prosecute crimes against the democratic process when needed."26 125. Also on January 25, 2019, Defendant Paxton tweeted: "VOTER FRAUD ALERT: The @TXsecofstate discovered approx 95,000 individuals identified by DPS as non-U.S.
23 Id. 24 Id.
251d.
26 AG Paxton: Texas Secretary of State 's Office Discovers Nearly 95,000 People Identfled by DPS as Non-US. Citizens are Registered to Vote in Texas, Ken Paxton, Attorney General of Texas (January 25,
2019), available at https://www.texasattorneygenerai.gov/news/releases/ag-paxton-texas-secretarv-stateSoffice-discovers-nearly-95000-people-identified-dps-non-us-citizens (accessed 31 Jan. 2019).
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citizens have a matching voter registration record in TX, approx 58,000 of whom have voted in TX elections. Any illegal vote deprives Americans of their voice."27 126. Defendant Governor Abbott also tweeted on January 25, 2019: "Thanks to Attorney General Paxton and the Secretary of State for uncovering and investigating this illegal vote [sic] registration. I support prosecution where appropriate. The State will work on legislation to safeguard against these illegal practices. #txlege #tcot"28 127. On January 27, 2019, two days after Defendant Whitley's office published its press release and Advisory, President Donald J. Trump announced on Twitter: "58,000 noncitizens voted in Texas, with 95,000 non-citizens registered to vote. These numbers are just the tip of the iceberg. All over the country, especially in California, voter fraud is rampant.
Must be stopped Strong voter ID!"29
128. The Secretary of State's announcement, and subsequent public statements by the Texas
Attorney General and Governor, quickly snowballed into news reports declaring that state
officials had discovered thousands of non-U.S. citizens on the state's voter rolls.
129. On January 25, 2019, local news station WFAA in Dallas reported, that "[a]bout 95,000
non-citizens are registered to vote in Texas, and more than half of those have cast ballots in at least one election, Texas Secretary of State David Whitley announced on Friday." The
27 Ken Paxton (@KenPaxtonTX), Twitter (January 25, 2019, 12:37 PM), h.Ups://twitter.corn/KenPaxtonTX/status/i 088898595653386240.
28 Greg Abbott (GregAbbott_TX), Twitter, (January 25, 2019, 1:57 PM)
https://twitter.com/GregAbbott TX/status!1088918898643271680. 29 President Donald J. Trump (@realDonaldTrump), Twitter (January 27, 2019, 5:22 AM) https://twitter.corn/rea1DonaldTrurn/status/ 10895 13936435716096.
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outlet also reported that "[o]f he 95,000 non-citizens registered, 58,000 have voted in one
or more elections since 1996.30
130. On January 26, 2019, Fox News reported that "Texas Attorney General Ken Paxton
announced Friday that the state has discovered 95,000 non-citizens on the voter rolls going
back to 1996, 58,000 of whom have voted in at least one Texas election."31
131. On January 31, 2019, a local television station in Laredo, Texas reported that "[t]he
Webb County Elections Administration has received notice that there are over one-
thousand non-citizen voters in the county."32
132. On January 25, 2019, Breitbart News headlined "95K Noncitizens Registered to Vote in Texas, Say State Officials," and stated that according to the Attorney General of Texas, the
Secretary of State had "discovered troubling figures roughly 95,000 individuals
identified as non-U.S. citizens by the Texas Department of Public Safety (DPS) are
registered to vote and, 58,000 of those, 61 percent, voted at least once."33
The Secretary of State's Office Soon Advised Counties that its List is Flawed 133. The purpose of Defendant Whitley's list of "Possible Non U.S. Citizens," and the
accompanying instructions to county voter registrars in Election Advisory No. 2019-02, is
30 Ryan Osborne, 95,000 non-citizens are registered to vote in Texas, state officials discover, WFAA (January 25, 2019, updated January 28, 2019), available at https://www.wfaa.corn/article/news/95000non-citizens-are-registered-to-vote-in-texas-state-officials-discover/287-c0b07849-0 I 6f-42c8-bOfb541 8dbd3fsd4?fbclid=IwAR3R9BhE_VpKUtNpbcki34OE2UkcPENk7mOt_X lOR8vd8yT4mEPLbU9g 8E (accessed February 1, 2019). 31 Adam Shaw, Texas says itfound 95,000 non-citizens on voter rolls; 58,000 have voted, Fox News (January 26, 2019), available at https://www.foxnews.com/politics/texas-says-it-has-discovered-95000non-citizens-on-voter-rolls-5 8000-have-voted (accessed February 1; 2019). 32 Non-citizen voter registration in Texas, KGNS-TV (January 31, 2019) hitps://www.kgns.tv/content/news/Non-ciiizen-voter-registration-in-Texas-505 173711 .htrnl (accessed February 1, 2019). u Merrill Hope, 95K Noncitizens Registered to Vote in Texas, Say State Officials, Breitbart News (January 25, 2019), available at https ://www.breitbart.com/border/20 19/0 1/25/95k-noncitizens-registeredto-vote-in-texas-say-state-officials/ (accessed February 1, 2019).
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to create a program to systematically remove the names of individuals from the official list
of eligible voters.
134. On January 28, 2019, the Monday following Defendant Whitley's issuance of the
Election Advisory and list of suspected non-U.S. citizen voters, Defendant Cheryl Johnson,
the Galveston County tax assessor-collector, said she would immediately send out letters to
the individuals on her list. Ms. Johnson claimed she was following state law by starting to
send letters to the more than 830 people in Galveston County that the Secretary of State
had flagged.34 Defendant Johnson proceeded to send letters to voters on the suspected non-
U.S. citizen voter list that day.35
135. The following day, Tuesday January 29, 2019, the Secretary of State's office began to
call county voter registration officials to advise them that the information on the list of
suspected non-U.S. citizen voters "may be flawed."36 The Secretary of State's office
further advised the counties "that some on the lists shouldn't be there because they had
already proven their citizenship when they registered to vote at naturalization ceremonies
or at a Texas Department of Public Safety office."37
Alexa Ura, Some Texas voters already are being asked to prove their citizenship after state's announcement, The Texas Tribune (January 28, 2019), available at https://www,texastriburte.org/20 19/01 /28/some-texas-voters-are-alreadv-being-asked-prove-thcircitizenshiD-fol 1/ (accessed February 1, 2019).
Id.
James Barragán, Julieta Chiquillo, and Robert T. Garrett, Some names in list of98,000 potential non-
citizen voters included 'in error, ' county officials say, citing state, Dallas News powered by the DallasMorning News (January 29, 2019), available at https://www.dallasnews.corn/news/elections/2() 19/01/29/1 ist-98000-potential-non-citizen-voters-niayoverstated-texas-secretary-state-tells-counties (accessed January 30, 2019); see also Alexa Ura, Texas
quietly informs counties that some ofthe 95,000 votersflagged for citizenship review don't belong on the
list, The Texas Tribune (January 29, 2019), available at https://www.texastribune.org/20i9/01/29/texasvoter-eitizenship-Iist-problerns-state-tells-counties/(accessed January 30, 2019).
See Guillermo Contreras and Dylan McGuinness, State hedges on claim that 100,000 Texas voters aren 't citizens, faces federal lawsuit, San Antonio Express-News (January 29, 2019), available at
40

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136. Cameron County Elections Administrator Remi Garza commented publicly that the
Secretary of State's office gave Mr. Garza's office information on January 29 "that suggested the numbers they were originally provided 'may have been overstated' and that 'individuals that had already provided proof of citizenship to the DPS office had been
included in the original list provided to the county."38
137. The Secretary of State's office advised Cameron County on January 29 that "1,590
people [. . .] were wrongly on the list," then later called Mr. Garza's office to say that "the 1,590 figure was incorrect," but gave no further information.39
138. Also on Tuesday January 29, the Secretary of State's office contacted McLennan County's Election Administrator Kathy Van Wolfe to tell Ms. Van Wolfe "to disregard the list."40 Ms. Van Wolfe stated publicly that Defendant Whitley's office told her that "[a]ll
those people have proven citizenship."41 By the afternoon of January 29, Hidalgo County
https://www.expressnews.com/news/local/article/LULAC-sues-Texas-over-witch-hunt-move-io1 3570848.php?utrn sourcc=newsletter&utrn medium=email&utmcampaign=MySA Daily_cEdition (accessed January 30, 2019).
38 James Barragán, Julieta Chiquillo, and Robert T. Garrett, Some names in list of 98,000 potential non-
citizen voters included 'in error, ' counly officials say, citing state, Dallas News powered by the DallasMorning News (January 29, 2019), available at https://www.dallasnews.com/news/elections/20 1 9/01 /29/list-98000-potential-non-citizen-voters-rnayoverstated-texas-secretary-state-tells-counties (accessed January 30, 2019)
Guillermo Contreras and Dylan McGuinness, State hedges on claim that 100,000 Texas voters aren't citizens, faces federal lawsuit, San Antonio Express-News (January 29, 2019), available at I 3570$48.php?utmsource=newsletter&utrn medium=email&utm cam rmign=MySA_Daily eEdition
(accessed January 30, 2019). 40 Cassie L. Smith, State: All 366 on local list ofpotential noncitizen voters are citizens, Waco TribuneHerald (January 31, 2019), available at https://www.wacotrib.com/news/eiections/state-all-on-local-iistof-potential-noncitizen-voters-are/article 20771 942-538d-506d-hcad7e7ca79e26 1 d.hlmi?piatform=hootsuite (accessed January 31, 2019). 41 Id
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elections administrator Yvonne Ramón announced that she had "determined there were 100 duplicates" on the list sent to her by the Secretary of State's office.42 139. Also on Tuesday January 29, the Travis County Tax Assessor-Collector, Bruce Elfant,
stated publicly that his office was trying to organize a "jumble" of information it received on 4,500 voters into a usable format. Mr. Elfant further stated "I said to the secretary of state's office this morning, 'It would have been nice if you sent it in a spreadsheet,' [and] they told me, 'Well, we didn't.' A lot of things would have been nice, I guess."43
140. That same day, the Dallas County Elections Administrator Toni Pippins-Poole stated
publicly: "We received a call from the state saying we should put things on hold. . . Some of the data that they received was flawed. Some of the voters had already provided proof of citizenship."44
141. By Wednesday, January 30, 2019, Harris County had reported that 18,000 individuals on the Secretary of State's list of suspected non-U.S. citizen registrants had already been identified as citizens and that Harris County expected more mistakes to be discovered.45
42 Guillermo Contreras and Dylan McGuinness, State hedges on claim that 100,000 Texas voters aren't citizens, faces federal lawsuit, San Antonio Express-News (January 29, 2019), available at
https://www.expressnews.com/news/local/artjcle/LU LAC-sues-Texas-over-witch-hunt-moveto13570848.php?utmsource=newsletter&utrnrnedium=email&utmcampaign=MySA Daily eEdition (accessed January 30, 2019).
Liam Stack, Many Texas Voters Whose Citizenship Was Questioned Are in Fact Citizens, New York
Times (January 29, 2019), available at https://www.nytimes.corn/2() 1 9/01 /29/us/texas-voter-citizenshiplist.htrnl (accessed January 30, 2019). ' Paul Weber, Texas tells counties noncitizen voter report may be flawed, Associated Press (January 29, 2019), available at https://www.apnews.com/e959bfD789a944569 I 8a93d43 542505b (accessed February 1,2019).
Associated Press, 18K Houston area voters removed from citizenship check, The Tribune (January 30, 2019) available at http://www.tribtown.com/20 19/01 /30/us-iexas-voter-rolls-4/ (accessed January 31,
2019).

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142. That same day, the McLennan County Elections Administrator announced that all 366 registered voters that the Secretary of State targeted for investigation in that county are U.S. citizens.46
143. The Williamson County Election Administrator, who is also president of the Association of Texas Elections Administrators, announced that more than half of the 2,033 voters on his county's list were being removed after the Secretary of State's revision.47
144. Two distinct problems had emerged immediately with the Secretary of State's list of possible non-U.S. citizen voters. First, the Secretary of State's list contained voters whose registrations were coded by the Secretary of State to indicate that they had registered to
vote at DPS and DPS had verified their citizenship. This registration source code is known as "source code 64." 145. The Secretary of State's office reportedly told the Cameron County registrar Mr. Garza on January 29 that looking for voters on the list who were assigned a "source code 64" by the Secretary of State and eliminating those voters as having already provided proof of citizenship would remove "well over" 1,500 from the Cameron County list of suspected non-U.S. citizen voters.48
' Cassie L. Smith, State: All 366 on local list ofpotential noncitizen voters are citizens, Waco TribuneHerald, (January 30, 2019) available at https://www.wacotrib.com/news/elections/state-aIl-on-local-listof-potential-noncitizen-yoters-are/artjcle 20771 942-53 8d-506d-bcad-7e7ca79e26 I d.html (accessed February 1, 2019). "i James Barragãn, Robert T. Garrett, and Julieta Chiquillo, Tens ofthousands removedfrom potential non-citizen voters list after countiesJmndflawed data, Dallas Morning News (January 31, 2019), available at httDs://www.dallasnews.com/news/texas-politics/20 19/01 /30/tens-thousands-removed-potential-noncitizen-voters-list-after-counties-find-flawed-data (accessed February 1, 2019). 48 Alexa Ura, How An Attempt To Review Texas' Voter Rolls Turned Into A Debacle, Texas Tribune (February 4, 2019), available at http ://www.tpr.org/post/how-attempt-review-texas-voter-rolls-turneddebacle (accessed February 8, 2019).
43

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146. The second problem with the Secretary of State's list of suspected non-citizen voters was
that it contained naturalized citizens who registered to vote after they became U.S. citizens and before their driver's license expired and needed to be renewed at DPS. In the days following its release of the 98,000 names of voters labelled non-U.S. citizens, the Secretary
of State's office called counties to urge them to consult any county records showing that
the voters on the list had been registered at a naturalization ceremony.49 147. A third problem that has emerged is that many naturalized U.S. citizens register to vote at
locations other than at naturalization ceremonies and DPS. Although they register to vote through traditional means, such as by mail or at community events, these voters have no code or other information associated with their voter registration record that will allow county registrars to confirm their U.S. citizenship.
148. As of this date, many if not all of the eligible voters erroneously identified as non-U.S. citizens by the Secretary of State are naturalized U.S. citizens.
149. Nevertheless, the voter purge continues. Counties continue to remove names from the
Secretary of State's list that the counties can verify are U.S. citizens but continue to investigate the remaining voters on the list of suspected non-citizens and continue to rely on sending Notice of Examination letters that demand documentary proof of citizenship of voters as a condition of remaining on the voter rolls.
150. In addition, counties are using wildly different standards to conduct their investigations into citizenship status. Some counties, like Wood County, sent Notice of Examination
See fn. 33, supra, and Phil Prazan, County officials: Texas non-citizen voter list is 'too big, 'wrong, KXAN, (January 30, 2019) available at https://www.kxan.com/news/local/austinlcounty-officials-texasnon-citizen-voter-list-is-too-big-wrong/I 737151727 (accessed February 1, 2019).
44

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letters to all the voters on the list sent by the Texas Secretary of State.5° Other counties, like Galveston County, sent Notice of Examination letters to all voters on their list of suspected non-citizen voters, but sent retraction letters to some of those individuals after narrowing the list of names following conversations with the Secretary of State's office.
151. Smith County, in contrast, reviewed names first, tried to remove any individual it could determine is a U.S. citizen, and then sent letters that same week to the remaining individuals on the County's suspected non-citizen list, including Plaintiffs Jane Doe #1 and John Doe #1. Smith County's registrar Defendant Nelson stated publicly: "We got the file from the state on Monday . . . We are working through the list and looking at each person
on the list to see if any of the cases can be resolved by our office before sending the voter a letter of examination. We have to send a letter of examination to each person whose case cannot be resolved.. . We expect to get the letters sent out by the end of this week."5' 152. Smith County sent Notice of Examination letters to Jane Doe #1 and John Doe #1 on
January 31, 2019, apparently after trying and being unable to "resolve" their U.S. citizenship using county and state records. 153. Travis County intends to follow a procedure similar to Smith County's, but it will not
send letters unless and until it completes a manual review of every name on its list. Pursuant to this manual review, Travis County will determine if any of its voluntary deputy
registrars registered any individual on the list at a naturalization ceremony in the County.
° Hank Murphy, Letters go out to 21 Wood County voters inquiring about citizenship, Wood County Monitor (February 6, 2019) available at http://woodcountymonitor.com/stories/letters-to-voters-aboutcitizenship,132306 (accessed February 10, 2019) 51 LouAnna Campbell, Smith County elections office looking into 297 possible non-U.S. citizens registered to vote, Tyler Morning Telegraph (January 29, 2019), available at https ://tylerpaper.com/lifestyle/family/smith-county-elections-office-looking-into-possible-non-us/article_f9f05224-23db- 11 e9-afd9- 13 f3df5be3b5 .html (accessed February 8, 2019).
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154. In Galveston County, Plaintiff Keane received a letter demanding that she provide proof

of citizenship, and then received a second letter retracting the first. Now she is worried that

if she votes again she will be criminally investigated.

155. In Wood County, Plaintiff Jane Doe #2 received a Notice of Examination letter, without

letterhead, which stated: "If you should have any questions concerning this notice, please

contact me at

(phone number)," but the space for the phone number was left

blank. The letter also purported to enclose a response form, but no such form was

enclosed. Plaintiff Jane Doe #2 searched the internet and called County employees until

she understood the significance of the letter. Plaintiff Jane Doe #2 was only able to prove

her citizenship by calling and ultimately going in person to the county courthouse, virtually

ensuring that other voters in Wood County will be purged because they do not know where

to send their proof of citizenship or whom to call with questions.

156. In Parker County, registered voter Deborah Liles called the county elections office and

spoke to the man who answered the phone. At first the man insisted that Ms. Liles could

not be on the list of suspected non-U.S. citizen voters "Because your name's not Hispanic."

Then after confirming that Ms. Liles, a naturalized U.S. citizen, was on the list, the man

told her not to worry about it and indicated she was now cleared from the list.52

157. Parker County's acceptance of a voter's verbal assurance that she is a naturalized U.S.

citizen, in contrast with counties that require documentary proof of U.S. citizenship, further

demonstrates that Defendants treat Plaintiffs differently depending on the county in which

Plaintiffs reside and that Defendants employ arbitrary and disparate standards.

52 See Exhibit 72 to Plaintiffs' Re-urged Emergency Application for Temporary Restraining Order,
Declaration of Dr. Deborah Liles.
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158. Upon information and belief, Angelina County sent Notices of Examination to 60-70
registered voters pursuant to the Advisory requiring the voters to present proof of U.S. citizenship or be removed from the voter rolls.53
159. Upon information and belief, Bandera County sent 19 Notice of Examination letters requiring proof of U.S. citizenship to voters on the list of suspect voters sent by Defendant
Whitley to the county. Defendant Tschirhart subsequently sent 9 letters to voters telling the
voters to disregard the original Notices.54
160. Upon information and belief, Blanco County sent 7 Notices of Examination to registered voters pursuant to the Advisory requiring the voters to present proof of U.S. citizenship or
be removed from the voter rolls.55
161. Upon information and belief, Bosque County sent Notices of Examination to registered voters pursuant to the Advisory requiring the voters to present proof of U.S. citizenship or
be removed from the voter rolls.56
162. Upon information and belief, Brazos County sent Notices of Examination to registered voters pursuant to the Advisory requiring the voters to present proof of U.S. citizenship or
be removed from the voter rolls.57
See Exhibit 77 to Plaintiffs' Re-urged App. for TRO, Khyati Patel, "Dozens of East Texans heading to county elections offices showing proof of citizenship," KLTV(February 4, 2019), available at http://www.kltv.com/201 9/02/05/dozens-east-texans-heading-county-elections-offices-showing-proofcitizenship! (accessed February 20, 2019).
See Exhibit 78 to Plaintiffs' Re-urged App. for TRO, Bill Pack, "Citizenship review affects 10 in county," The Bandera Bulletin (February 6, 2019), available at https://www.banderabulletin.corn/news/article7ab94b46-298a- 11 e9-993b-dfe5 I 62e6 I 34.html (accessed February 20, 2019).
Tr. 2019-02-19 (Testimony of Kristen Spies) 109:23-110:111. 56 See Exhibit 80 to Plaintiffs' Re-urged App. for TRO, James Barragan, "Civil rights group sues Texas over order to investigate potential noncitizen voters with flawed data," Dallas Morning News (February 2, 2019), available at https:!/www.dallasnews.com/news/politics/20 19/02/02/civil-rights-group-sues-texasorder-investigate-thousands-potential-non-citizen-voters-flawed-data (accessed February 20, 2019).

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 48 of 73
163. Upon information and belief, Gregg County sent 99 Notices of Examination to registered voters pursuant to the Advisory requiring the voters to present proof of U.S. citizenship or be removed from the voter rolls.58
164. Upon information and belief, Kerr County sent 68 Notices of Examination to registered voters pursuant to the Advisory requiring the voters to present proof of U.S. citizenship or
be removed from the voter rolls.59
165. Upon information and belief, Victoria County sent 128 Notices of Examination to registered voters pursuant to the Advisory requiring the voters to present proof of U.S.
citizenship or be removed from the voter rolls. Defendant Vogel subsequently sent 29
letters to voters asking them to disregard the Notices of Examination.60 166. Upon information and belief, Willacy County sent Notices of Examination to registered
voters pursuant to the Advisory requiring the voters to present proof of U.S. citizenship or
be removed from the voter rolls. 167. Other voters are waiting in limbo because the counties in which they are registered to
vote have not sent any letters, but have not declined to investigate their suspected noncitizen lists sent by Defendant Whitley. These voters are stigmatized and fear that they are under investigation.
See Exhibit 81 to Plaintiffs' Re-urged App. for TRO, Caitlin Clark, "Brazos County officials: Disregard voter roll notices for now," The Eagle (February 1, 2019), available at https://www.theeagle.com/news/jocal/brazoscounty-officjals-djsregard-voter-roJl-notjcesfornow/articleb9dcdc28-6cc I -5eef-b672-5060cd3e946c.html (accessed February 20, 2019). 58 See Exhibit 77 to Plaintiffs' Re-urged App. for TRO.
Tr. 2019-02-19 (Testimony of Bob Reeves) 8 1:2-83:7. 60 See Exhibit 82 to Plaintiffs' Re-urged App. for TRO, Ciara McCarthy, "State officials change information for county election offices amid citizenship review," Victoria Advocate (January 29, 2019), available at https ://www.victoriaadvocate.com/news/government/state-officials-change-information-forcountyelection-offices-amid-citizenship/article cd29fOd2-24 1 d- 11 e9-a7be-33decbf9ade 1 .html (accessed
February 20, 2019).
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The Matching Procedure Employed by Defendant has and will Continue to Target Naturalized Citizens for Investigation and Removal from the Voter Rolls
168. The matching procedure used by Defendant Whitley to create his list of "Possible Non U.S. Citizens" relies on outdated and inaccurate records from DPS; the resulting list has erroneously identified numerous registered voters in Texas who are U.S. citizens who are properly registered to vote and who could be deprived of their right to vote in Defendants'
purge effort.
169. In preparing his list of "Possible Non U.S. Citizens," Defendant Whitley performed the matching procedure between driver's license records and voter records dating back to at least 1996.61 Thus, his list of suspected non-U.S. citizen voters includes immigrants who showed proof of authorized presence in the U.S. during the process of obtaining a driver's license decades ago. Thousands of naturalized citizens who registered to vote are included on the Secretary of State's list of suspected non-U.S. citizen voters.
170. The errors in Defendant Whitley's matching procedure are systematic, predictable, and specific to foreign-born U.S. citizens.
171. Defendant Whitley knew or should have known that his list of suspected non-U.S. citizen voters contained many naturalized citizens because his office had been aware of that fact
for months before he sent the list to the counties.
172. In an email that Betsy Schonhoff, an employee of the Office of the Secretary of State, sent to Gayatri Vasan, a business analyst working for DPS, on April 16, 2018, Ms. Schonhoff wrote, "I have been talking with Keith about this process and we were talking
61 Gregg Re, List of 95K ineligible voters on the rolls may be overstated, Texas State Department
suggests, FOX News (January 30, 2019) available at https://www.foxnews.com/politics/texas-stateofficials-suggest-report-of-95k-ineligible-voters-may-have-been-dramatically-overstated (accessed February 1, 2019).

Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 50 of 73
about possibly trying to verify the list you provided against the SAVE database before we send these to the counties to eliminate those who have become Citizens since their last update with you." Ms. Schonhoff said that in order to do so, "we would need a numeric identifier (Alien Number, Form 1-94, Arrival Departure Record number, Student and Exchange Visitor Information System (SEVIS) ID number, or unexpired foreign passport
number)," and then asked Ms. Vasan if her system had that type of information.
173. Ms. Vasan responded to Ms. Schonohoff the following day and wrote "our IT team says they can work on these modifications only in October," asked if Ms. Schonhoff would want to wait until then for the file, and said that the "files without these modifications have been placed in the SFTP server already for SOS." Ms. Schonhoff responded minutes later and said, "[w]e will go ahead and grab the files now to see/gauge what we are looking at working with and to start internal evaluation with the data we currently have[. . .][b]ut we do think it would a good idea to include that information for further review processing."
174. In the months leading up to Defendant Whitley's release of his suspected non-U.S. citizen voter list, the Office of the Secretary of State pressed DPS to provide a list of driver's license/state ID holders who were not U.S. citizens. DPS responded that "DPS is not an authorizing agency to confirm citizenship."62 DPS made clear to the Office of the Secretary of State that DPS collects citizenship information "at the time of the transaction, but that may not be current because when you come in for the driver's license, you get a driver's license for six years, right[. . .][w]e may not have the current citizenship
information."63
62(2/19/19 Tr. Testimony of Gayatri Vasan) 210:18-211:6.
63 Id.
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175. DPS "suggested [the Office of the Secretary of State] should go directly to DHS if they
want current citizenship information."64 DPS also made clear that "the contract that we have with DHS [Department of Homeland Security] doesn't allow us to run records like
that outside of a DL issuance process."65 As a result, DPS was not able to run records
through the SAVE database.66
176. Nevertheless, DPS "received an email from chain of command to prioritize" the project, and so DPS started working to provide a list of driver's license holders with non-U.S.
citizenship in their records in September 2018.67
177. On September 4, 2018, Ms. Betsy Schonhoff of the Office of the Secretary of State sent DPS notes from a meeting in which "the target of today was to identify what indicates to DPS that a person is not a U.S. citizen." (emphasis in original). Ms. Schonhoff's notes
also said that "[i]t was confirmed that the data being transmitted to SOS is not being used for validation of citizenship at the point of application, but is being used to identify potential registered voters that may need to be investigated for eligibility."
178. At the end of January 2019, after the Secretary of State issued the Advisory, the Office of the Secretary of State continued to press DPS for data verifying whether driver's license holders were U.S. citizens or non-citizens. Tr. 20 19-02-19 (Testimony of Gayatri Vasan) 197:2-198:15. At a meeting in early February 2019 between DPS and staff members from the Secretary of State's office, the Secretary of State staff said, "[t]his is what we want, list
64 Id.
65 (2/19/19 Tr. Testimony of Gayatri Vasan) 212:3-22.
66 Id.
(2/19/19 Tr. Testimony of Gayatri Vasan) 211:22-212:2
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of non-citizens[. . .][y]ou tell us how we can get the data from your database." Id. at
199:24-200:3. 179. The matching procedure employed by Defendant Whitley will continue to identify
naturalized U.S. citizens as suspected non-U.S. citizens registered as voters. Defendant Whitley's January 25, 2019 press release stated:
Going forward, the Texas Secretary of State's office will use information it obtains from DPS on a monthly basis to cross-reference with Texas' statewide
voter registration database and match potential non-U.S. citizens who have registered to vote. Once a voter registration is identified as a match, the Texas
Secretary of State's office will notify the county in which the person is registered
so that the county voter registrar can take action.68 180. Thus Defendant Whitley's matching procedure will flag, on a monthly basis, any new
registrants whose past driver's license records show they were not U.S. citizens and send those registrants' names to the counties for investigation and possible removal of Plaintiff from the voter rolls. The matching procedure will flag, routinely and predictably, every newly naturalized citizen who registers to vote and who already has a Texas driver's
license.69
Defendant Whitley Will not Rescind the Advisory. Withdraw the Suspect Voter List or Recompile the List for Counties
181. On January 31, 2019, former Texas Secretary of State Carlos Cascos, who was appointed by and served two years under Governor Greg Abbott, commented publicly on list of suspected non-U.S. voters: "I think they need to rescind it, do due diligence and make a
68 Secretary Whitley Issues Advisory On Voter Registration List Maintenance Activity, Texas Secretary of State (January 25, 2019), available at https://www,sos.texas.gov/ahout/newsreleases/20 19/01251 9.shtml (accessed January 30, 2019). 69 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx. us/elections/Iaws/advisory20 I 9-02.shtml (accessed January 30, 2019).
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more accurate list." He further recommended that the Secretary of State "contact everyone and admit to it and say, 'We made an honest mistake,' and recompile the list."70
182. Mr. Cascos also stated that he never went through the type of exercise that led to Defendant Whitley's list of suspected non-U.S. citizen voters: "To my knowledge, that did
not occur while I was in office [and] I never saw such a correlation [between DPS and
voter role databases]. That discussion never took place."7'
183. By contrast, when asked whether he thought the investigation process should stop after
local officials found serious issues with the list, Defendant Abbott responded: "Listen, this isn't a hard and fast list"72 and further stated: "This is what we would categorize as a
process, a work in process. . . They will get it right."73
184. Williamson County Elections Administrator Chris Davis, stated publicly in an email on
Tuesday January 29, 2019, that "Williamson County has also received NO written
instructions after yesterday morning's call from the" Secretary's office.74
185. On February 1, 2019, the Secretary of State's office emailed the counties once again,
suggesting additional methods to investigate the citizenship of individuals on its list of
70 Carlos Sanchez, Former Texas Secretary of State Believes Inaccurate Voting List Should Be Rescinded,
Texas Monthly (January 31, 2019), available at https://www.texasrnonthlv.com/politics/forrner-texassecretary-of-state-believes-i naccurate-voti ng-list-should-be-rescinded/ (accessed January 31, 2019).
Carlos Sanchez, Former Texas Secretary of State Believes Inaccurate Voting List Should Be Rescinded,
Texas Monthly (January 31, 2019), available at https://www.texasrnonthly.com/polilics/former-texassecretary-of-state-helieves-inaccurate-votinz-1 ist-shouid-be-rescinded/ (accessed January 31, 2019). 72 Id.
Ashley Lopez, Gov. Greg Abbott Says Alleged Noncitizen Voter Purge Is A 'Work In Process, 'KUT (January 31, 2019), available at http://www.kut.org/post/gov-greg-abboii-says-alleged-noncitizen-voterpurge-work-process (accessed January 31, 2019).
James Barragan, Tens ofThousands removedfrom potential non-citizen voters list after countiesfind flawed data, Dallas News (January 31, 2019), available at https://www.dallasnews.corn/news/texas-
p01 iticsI2O 19/01 /30/tens-thousands-rernoved-potential-non-citizen-voters-list-after-counties-find-flawed(accessed February 1, 2019).
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suspected non-U.S. citizens, including contacting federal immigration authorities.75 The
Secretary of State's email to the counties neither admitted that its list of suspected non-U.S.
citizens was flawed nor suggested that counties refrain from investigating the names on the
list until state officials could correct the list.76 The Secretary of State's email did not
provide clear rules or standards to determine when, if at all, counties should issue Notice of
Examination letters to ensure the equal treatment of voters across counties.
186. In a February 6, 2019 videotapted interview regarding whether Defendant Governor
Abbott still has "confidence in" Defendant Whitley, Defendant Abbott stated that
Defendant Whitley "did exactly what he was supposed to do: following federal and state
law, sending it to the counties and saying, 'counties, listen, we're going to have to rely
upon you to further sort this out."77 Defendant Abbott would not say whether Defendant
Whitley had sent his list of suspected non-U.S. citizen voters to the Texas Attorney General
for criminal investigation: "1 can't even confirm that that happened[. . .] All I know is
what the process is[. . .] I know it has to be passed to the counties before it can be
confirmed about who is or who is not allowed to be on the voter rolls."78
James Barragán and Julieta Chiquillo, Texas issues new guidelines for counties to probe whether
noncitizens voted, Dallas Morning News (February 1, 2019), available at https://www.dallasnews.com/news/texas-politics/20 19/02/01/texas-officials-issue-new-guidelinesinvestigation-whether-non-citizens-voted (accessed February 1, 2019).
76 Keith Ingram, Ingram Email to Counties Feb. 1, Secretary of State's Director of Elections (February 1, 2019), cited by Alexa Ura, In advisory, Texas implies its list of thousands ofvoters flaggedfor citizenship reviews could include naturalized citizens, Texas Tribune (February 1, 2019), available at
https://www.texastribune.org/20 19/02/01 /texas-acknowledges-its-list-thousands-texas-voters-flaggedcitizenship/ (accessed February 8, 2019).
FULL EXCHANGE. Gov. Abbott answers questions about voter list, KXAN (February 6, 2019), available at https://www.kxan.corn/video/fuil-excliange-gov-abbott-answers-guestions-about-voterlist_201 90207043732/1761153960 (accessed February 7, 2019); see also Phil Prazan (@PhilPrazan), Twitter, (February 6, 2019, 1:51 PM) https://twitter.com/PhilPrazan/status/1 093265908963909642. 78 FULL EXCHANGE: Gov. Abbott answers questions about voter list, KXAN (February 6, 2019), available at https://www.kxan.com/video/full-exchange-gov-abbott-answers-guestions-about-voter-
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187. In testimony before the Texas Senate Committee on Nominations on February 7, 2019,
Defendant Whitley refused to say that he would withdraw his list of suspected non-U.S.
citizen voters despite the fact that there are U.S. citizens on the list.79 188. Defendant Whitley confirmed that the voters on his list are still under investigation:
"This maintenance activity is on-going, Senator [. . .] the counties don't have a timeline when they are completing this maintenance activity; we are working with them every day
on it."80
189. Defendant Whitley further said he was not the appropriate person to tell the Texas
Attorney General not to investigate the names on his list of suspected non-U.S. citizen
voters: "I think that is a reasonable request[. . ] I am not sure it is appropriate coming
from my office because I do not have any investigatory authority."81 190. On February 11, 2019, Keith Ingram, Defendant Whitley's elections director, testified to
the Texas House of Representatives Elections Committee that the Secretary of State's office "understood there was a significant possibility" that the list of voters it was sending
to counties for citizenship reviews likely included naturalized citizens.82
191. On February 13, 2019, Defendant Whitley wrote a letter to lawmakers, which stated: "I
have discovered that additional refining of the data my office provides to county voter
list_201 90207043732/1761153960 (accessed February 7, 2019); see also Phil Prazan (@PhilPrazan), Twitter, (February 6, 2019, 1:51 PM) https://twitter.corn/PhilPrazan/status/ 1093265908963909642.
Senate Committee on Nominations on February 7, 2019, The Texas Senate Audio/Video Archive 2019 (timestamp: 2:48:59-2:51:00) (February 7, 2019) available at http://ticsenate.granicus.corn/MediaPlayer.php?viewid=45&clipid= 13804 (accessed February 8, 2019). 801d. at 1:32:48-1:33:15. 81 Id. at 2:51:27-2:52:07. 82 Alex Ura, The AG 's office told lawmakers it isn't investigating voters on Texas' citizenship review list. It told a local official the opposite, The Texas Tribune (Feb. 11, 2019), https://www.texastribune.org/20 19/02/1 1/texas-ags-office-said-it-was-investigating-voters-citizenshipreview-li
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registrars, both in substance and in timing, is necessary to ensure a more accurate and
efficient list maintenance process . . . before announcing the number of people who may not be eligible to vote, more time should have been devoted to additional communication
with counties and DPS to further eliminate anyone from our original list who is, in fact, eligible to vote . . . I recognize this caused some confusion about our intentions . . . To the extent my actions missed the mark, I apologize." Defendant Whitley again refused to withdraw the Advisory or the list.
192. On February 15, 2019, the Office of the Secretary of State again ernailed county
registrars to provide further information "for your work on this project." The email emphasized that "you have the authority to use any lawful means necessary to investigate [the voters on the list]." The email further assumes that county registrars will investigate the voters on the list by providing further guidance for "[a]fter you have investigated" and advises "Once the individual's citizenship has been verified by your office, you should mark the task 'RESOLVED' and no further action will be required." The email also emphasizes that any voter who does not respond to a Notice of Examination will have his
or her registration cancelled and must appear and provide proof of citizenship in order to be
reinstated to the voter rolls. 193. On February 19, 2019, the Office of the Texas Attorney General filed a letter brief with
the Open Records Division of that same office arguing that Defendant Whitley's suspected non-U.S. citizen voter list "pertains to an open criminal investigation by the OAG's
Election Fraud Section" and the names should not be released to the public because "release would interfere with the detection, investigation, or prosecution of a crime." The
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brief further argued that "[r]elease of the information at this time would interfere with the OAG's ongoing investigative interests."83 194. As of the filing of this complaint, Defendant Whitley has neither rescinded his list of suspected non-U.S. citizens nor rescinded his Election Advisory. Instead, Defendant Whitley insists that counties continue to investigate the citizenship of voters on the list. Other States' use of Driver's License Records to Identify Non-U.S. Citizens on Their Voter Rolls was Thoroughly Discredited Years ago
195. Similar attempts by other states to identify non-U.S. citizen voters from motor vehicles
records have been widely discredited, leading to an embarrassing withdrawal of claims by state elections officials in Florida and Colorado. 196. In May 2012 the Florida Department of State launched a voter purge effort that originally identified 180,000 registered voters as potential non-U.S. citizens based on their driver's license records. The Florida Department of State sent letters demanding proof of citizenship to 2,600 registered voters, a disproportionately high number of whom were
Latino.84
83 See Exhibit 79 to Plaintiffs' Re-urged Emergency Application for Temporary Restraining Order, Office of the Attorney General's Letter Brief with the Open Records Division.
Greg Allen, World War II Vet Caught Up In Florida's Voter Purge Controversy, NPR (May 31, 2012)
available at https://www.npr.org/sections/itsallpolitics/20 12/05/31/ 154020289/world-war-li-vet-caughtup-in-floridas-voter-purge-controversy (accessed February 1, 2019); see also Janell Ross, Florida Voter Purge Will Continue, Defying Federal Warning, Huffington Post (June 2, 2012) available at https://www.huffingtonpost.com/20 I 2/06/02/florida-voter-purge-federal-warningn 1564131 .html (accessed February 1, 2019).
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197. By September 2012, the Florida purge, which had faltered when county elections officials
questioned the methodology, started up again, this time with a much smaller list of 198
registered voters.85 Ultimately, about 85 voters were removed from the rolls.86
198. In Colorado, the Secretary of State launched a similarly flawed voter purge of alleged
non-U.S. citizens in 2012 that also dwindled to very small numbers. After claiming, based
on driver's license records, that there were up to 11,000 non-U.S. citizens on the Colorado
voter rolls, and then sending almost 4,000 letters accusing individual registered voters of
non-U.S. citizenship, Colorado Secretary of State Scott Gessler admitted that he thought
141 voters were potentially non-U.S. citizens and that he could not confirm that any were
non-U.S.-citizens before the General Election.87 Ultimately 14 of these voters were
removed from the rolls; none had voted.88
Defendants' Voter Purge Falls Far Outside State and Federal Authorization for Voter Roll Maintenance
199. In Texas, a "qualified voter" is a person who: is 18 years of age or older; is a United
States citizen; has not been determined by a final judgment of a court to be mentally
85 Steve Bousquet, Fla. Gov. Rick Scott's voter purge efforts start anew, Tampa Bay Times (September 27, 2012) available at http ://www.tampabay.com/news/politics/national/fia-gov-rick-scotts-voter-purgeefforts-start-anew! 1253538 (accessed February 1, 2019). 86 Steve Bousquet and Amy Sherman, Florida suspends non-citizen voter purge efforts, (March 27, 2014), available at https://www, mi am iherald.com/news/politics-government/artic1e2087729.html (accessed February 1 2019). 87 Scott Gessler, Colorado Secretary OfState, Asks 4,000 Registered Voters For ProofOfCitizenship, Huffington Post (August 17, 2012), available at https://www.huffingtonpost.com/2012/08/1 7/scottgessler-secretary-o_n_1 79691 0.html (accessed February 1, 2019); Jordan Fabian, Voter Purging Resurfaces in Colorado, ABC News (October 24, 2019) available at https://abcnews.go.com/ABCunivisionlvoter-purging-resurfaces-colorado/story?id=17552694 (accessed February 1, 2019). 88 Sam Levin, Out offourteen illegal voters banned after Scott Gessler 's campaign, how many voted? Zero Westword (October 12, 2012) available at https:!/www.westword.com/news!out-of-fourteen-illegalvoters-banned-after-scott-gesslers-campaign-how-many-voted-zero-5868036 (accessed February 1,
2019).
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incapacitated without the right to vote; is not a felon who has not completed the sentence associated with the felony; is a resident of Texas; and is registered to vote.89 200. A person seeking to register to vote in Texas must submit an application. The voter registrant must complete the application, affirm that he or she is a U.S. citizen, and sign below the statement: "I understand that giving false information to procure a voter registration is perjury, and a crime under state and federal law. Conviction of this crime may result in imprisonment up to 180 days, a fine up to $2,000, or both."90 201. In Texas counties, the "county tax assessor-collector is the voter registrar for the county
unless the position of county elections administrator is created or the county clerk is
designated as the voter registrar."91 202. The Texas Election Code requires voter registrars to investigate or remove a voter from
the rolls upon learning that the voter is no longer eligible.92 The specific reasons provided by the Texas Election Code for cancelling a voter's registration include:93
a. Current information that the voter is deceased;
b. Current information that the voter has moved out of the jurisdiction; c. Current information that the voter has been convicted of a felony;
d. Current information that the voter has been adjudicated mentally incompetent;
e. Upon the request of the voter.94
89 Tex. Elec. Code Ann. § 11.002(a); see also Tex. Elec. Code Ann. § 13.001(a). 90 See Tex. Elec. Code Ann. § 13.002(a)-(c) and the Texas voter registration form, available at https://www.sos .state.tx.us/elections/forms/vr-with-receipt.pdf. 91 See Tex. Elec. Code § 12.001. 92 See generally, Tex. Elec. Code § 16.03 1 - 16.0332.
Tex. Elec. Code § 16.031 (listing reasons for which registrars may immediately cancel registration) " Tex. Elec. Code § 16.033 1 (Cancellation on Request by Voter)
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203. The Texas Election Code authorizes the voter registrar to cancel a voter registration immediately upon notice that the voter has died, been adjudicated mentally incompetent,
been convicted of a felony or moved outside the county (when the notice of change in residence is provided by the voter or another county registrar).95 All of this information must reflect the current status of the voter. 204. In addition to the grounds for immediate cancellation, the Texas Election Code authorizes a voter registrar who has reason to believe that a voter "is no longer eligible for registration" to send a notice to the voter indicating that the voter's registration status is under investigation by the registrar and the voter must provide proof of eligibility within 30

days.96
205. With respect to a voter's citizenship, the Texas Election Code only authorizes voter registrars to act on current information that the voter is not a U.S. citizen. The registrar must send a notice requiring proof of U.S. citizenship upon receiving information that the voter was excused or disqualified from jury service because of citizenship status.97 The Texas Secretary of State provides quarterly reports to inform county registrars of any registered voters who have been excused or disqualified from jury service because the voter is not a U.S. citizen.98
206. Section 8 of the National Voter Registration Act (NVRA), 52 U.S.C. §20507, requires states to "conduct a general program that makes a reasonable effort to remove the names of
ineligible voters from the official lists of eligible voters by reason of. . . the death of the

See Tex. Elec. Code § 16.031 (listing reasons for which registrars may immediately cancel

registration).

96
See

Tex.

Elec.

Code

§

16.033.

See Tex. Elec. Code § 16.0332(a). 98 See Tex. Elec. Code § 18.068.

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Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 61 of 73

registrant; or . . . a change in the residence of the registrant." 52 U.S.C. §20507(a)(4).
Although the NVRA contemplates that states would remove voters from the rolls for ineligibility, the NVRA does not authorize states to investigate or remove from the rolls voters who were notU.S. citizens at some point in the past. 52 u.s.C. §20507(a)(3). 207. The Texas Transportation Code requires DPS to disclose "{p]ersonal information obtained . . . in connection with a motor vehicle record . . . {for use in connection with] voter registration or the administration of elections by the secretary of state."99 This
requirement helps the State of Texas comply with the motor-voter provisions of the NVRA, which require departments of motor vehicles to prepare voter registration applications of their customers and transmit those applications to the Secretary of State. However this requirement that DPS share data with the Secretary of State does not authorize the Secretary of State to use outdated immigration information to single out registered voters
for re-verification. 208. Defendants' voter purge, which selects voters for investigation and removal from the
voter rolls based on data showing the voters immigrated to the United States at some point in the past, is not authorized by state or federal law.

Cancellation of Voter Registration in Texas 209. After the voter registrar cancels a voter's registration, the voter registrar "shall maintain a
file containing the duplicate initial registration certificates of voters whose registrations have been canceled."100

Tex. Transp. Code § 730.005.

100
Tex.

Elec.

Code

§

15.142(a)

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Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 62 of 73
210. A cancellation of a voter's registration takes effect immediately.101 211. If a voter's registration is cancelled for failure to respond to a Notice of Examination
requiring proof of citizenship, in a subsequent election, even if the voter casts a provisional ballot and presents proof of citizenship to the registrar within five days, it is within the discretion of the voter registrar to reinstate the voter or require the voter to re-register.'°2 If
the voter is required to re-register, his or her provisional ballot would not be counted.103
212. If the voter registrar cancels a voter's registration, the voter can challenge the
cancellation by sending a request for a hearing to challenge the cancellation.104 The voter registrar then must set a hearing no later than the tenth (10th) day after receiving the request for hearing.'05 At or before the hearing, the voter may submit evidence or argument by affidavit; after the hearing, the voter registrar "shall promptly determine the challenge and issue a decision in writing."106 213. The Texas Secretary of State Election Advisory 20 19-02 directs counties to send a Notice of Examination of Citizenship (Proof of Citizenship) Letter ("Notice") to individuals the registrars suspect are not U.S. citizens. 214. The Notice of Examination instructs the voter that he or she has 30 days to confirm U.S. citizenship by providing documentation: "Proof of citizenship must be in a certified form of birth certificate, passport, or citizenship papers."°7
Tex. Elec. Code § 16.035 102 Tex. Elec. Code § 16.037. 103 Tex. Elec. Code § 65.054 (b)(1) 104 See Tex. Eléc. Code § 16.06 1-16.062. 105 See Tex. Elec. Code § 16.064. 106 See Tex. Elec. Code § 16.064(c), 16.066. 107 Notice to Registered Voter for Proof of Citizenship, BWI-12, 12/2018, available at: https://www.sos.texas.gov/elections/forms/bwl-1 2.pdf
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215. However, a naturalized citizen's birth certificate cannot, by definition, establish citizenship. Thus, naturalized citizens can only avail themselves of two of the three options provided in the Notice of Examination.
CAUSES OF ACTION COUNT 1
(Violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution by Discrimination Based on National Origin)
216. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 217. This claim is asserted by individual Plaintiffs on their own behalf and on behalf of all
persons in the General Class.
218. Section 1 of the Fourteenth Amendment provides: "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of
the State wherein they reside. . . . No State shall . . . deny to any person within its jurisdiction the equal protection of the laws." 219. Defendants violate the Fourteenth Amendment because they deny to Plaintiffs, who are
naturalized citizens of the United States, equal protection of the laws through Defendants' imposition of additional requirements to register to vote and to maintain voter registration
that Defendants do not impose on native-born citizens. Defendants have no compelling interest in imposing such burdens and the procedures used by Defendants are not narrowly tailored. 220. Defendants' violation caused and will cause harm to Plaintiffs.
COUNT 2
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(Violation of Sec. 2 of the Voting Rights Act, 52 U.S.C. § 10301) 221. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 222. This claim is asserted by all Plaintiffs and by individual Plaintiffs on behalf of all persons
in the Latino Subclass.
223. Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, provides: "No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or
color, or [membership in a language minority group]."
224. Defendants violate Section 2 of the Voting Rights Act by imposing a voting qualification
or prerequisite to voting or standard, practice, or procedure through the additional requirements Defendants impose on Plaintiffs and other Latino and Asian American naturalized citizens prior to such persons exercising their right to vote. Defendants' imposition of such additional requirements purposefully abridges and denies the right to
vote of Plaintiffs, and the members and populations served by Plaintiff organizations, on account of their race, color or membership in a language minority group.
225. Defendants' requirements will disproportionately and negatively affect Latinos and Asian Americans, including Plaintiffs, because the Latino and Asian American populations in Texas have higher ratios of naturalized citizens to native-born citizens when compared to the non-Hispanic White population. Defendants' imposition of such additional
requirements will result in denial and abridgment of the right to vote of Plaintiffs, and the members and populations served by Plaintiff organizations on account of their race, color
or membership in a language minority group by making the political processes leading to
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nomination or election in Texas not equally open to participation by Latinos and Asian Americans. 226. Defendants' violation caused and will cause harm to Plaintiffs.
COUNT 3 (Violation of the Civil Rights Act of 1964,52 U.S.C. § 10101) 227. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 228. This claim is asserted by all Plaintiffs and by individual Plaintiffs on behalf of all persons in the Latino Subclass. 229. Section 101 of the Civil Rights Act of 1964, as amended, provides: "(2) No person acting under color of law shall [] in determining whether any individual is qualified under State law or laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote." 52 U.S.C. § 10101(a)(2). 230. Defendants violate the Civil Rights Act of 1964, 52 U.S.C. § 10101, because, under color of law, they impose additional requirements and procedures to prove eligibility to vote upon Plaintiffs and the members and populations served by Plaintiff organizations that they do not impose on other individuals that have been found by state officials to be qualified to vote. Defendants impose additional requirements and procedures to prove eligibility to vote because of Plaintiffs' race, color or national origin 231. Defendants' violation caused and will cause harm to Plaintiffs.
COUNT 4 (Violation of 42 U.S.C. § 1985, Conspiracy to Interfere with Civil Rights)
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Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 66 of 73
232. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 233. This claim is asserted by individual Plaintiffs on their own behalf and on behalf of all
persons in the General Class.
234. 42 U.S.C. § 1985(3) provides: "If two or more persons in any State or Territory conspire . . for the purpose of depriving, either directly or indirectly, any person or class of persons
of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or
Territory from giving or securing to all persons within such State or Territory the equal
protection of the laws; or if two or more persons conspire to prevent by force, intimidation,
or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy
in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector[. . .] [I]n any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is. . . deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of
the conspirators." 235. Defendants Abbott, Paxton, and Whitley violate § 1985(3) because they conspire and
have conspired to deny Plaintiffs, on the basis of race and national origin, the equal protection of the laws as detailed above in Count 1 and to deny Plaintiffs' rights under the federal Voting Rights Act. 236. Defendants Abbott, Paxton, and Whitley additionally violated § 1985(3) because they conspire and have conspired to prevent Plaintiffs from exercising their right to vote in
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Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 67 of 73
federal elections by intimidation and threats. Such intimidation and threats included the Election Advisory, release of lists of suspect voters to counties, and public statements that Plaintiffs' past and future actions to register to vote and to vote amount to voter fraud. 237. Defendants' violation caused and will cause harm to Plaintiffs.
COUNT 5 (Violation of the First and Fourteenth Amendments to the United States Constitution
Protections Against Undue Burden on the Right to Vote) 238. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 239. This claim is asserted by individual Plaintiffs on their own behalf and on behalf of all
persons in the General Class. 240. Defendants' actions and omissions that impose additional requirements to register to vote
and to maintain voter registration unreasonably infringe upon Plaintiffs' right to vote under the First and Fourteenth Amendments. Defendants' imposition of such additional requirements is invidious and constitutionally infirm because, among other things, these additional requirements are based on a flawed methodology that subjects Plaintiffs to a franchise challenge where no grounds for a challenge exist, are discriminatory on the basis of race, color, and national-origin, imposes overly-restrictive cure procedures, do not provide reasonable notice or due process prior to removal from the voter rolls, do not provide a mechanism to ensure that improperly removed voters are returned to the voter rolls in a timely manner, and will deprive Plaintiffs of the right to vote. 241. To the extent Defendants assert any interests to justify their actions and omissions, those interests do not justify Defendants' imposition of additional requirements to register to vote and to maintain voter registration.
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Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 68 of 73
242. Defendants' violation caused and will cause harm to Plaintiffs. COUNT 6
(Violation of the Fourteenth Amendment Equal Protection and Due Process Clauses by Arbitrary and Disparate Treatment of Voters)
243. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 244. This claim is asserted by individual Plaintiffs on their own behalf and on behalf of all
persons in the General Class. 245. The Fourteenth Amendment requires election officials to avoid arbitrary and disparate
treatment of the members of the electorate. Defendants' voter purge is riddled with
inconsistent treatment by State and local officials and lacks rules and guidance from State Defendants to ensure uniform treatment of voters. The investigation into Plaintiffs' citizenship has employed varying standards county by county and the voter purge does not
satisfy the minimum requirement for non-arbitrary treatment of voters necessary to secure
the fundamental right to vote. 246. Defendants' violation caused and will cause harm to Plaintiffs.
CLASS ACTION ALLEGATIONS 247. This action is properly maintained as a class action pursuant to Federal Rules of Civil
Procedure 23.
248. Members of the putative class and subclass are so numerous that joinder is impracticable. Defendant Whitley's list of suspect voters includes approximately 98,000 individuals, including thousands of naturalized U.S. citizens who meet the General Class definition. A high percentage of naturalized U.S. citizens in Texas are Latino, and thousands of such
citizens appear on Defendant Whitley's list and meet the Latino Subclass definitions.
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Additionally, membership in the putative class and subclass is fluid because Defendant Whitley has advised that he will update his list according to his flawed methodology. This fluidity makes joinder of all class and subclass members impracticable. 249. The putative class and subclass share common questions of fact and law. All class
members complain of Defendants' creation and use of a list that uniformly imposes burdens and obligations on class members and threatens to deprive all class members of
their rights to equally access the political process and to vote. Defendants' conduct discriminates against all Latino Subclass members by imposing the same burdens and obligations on the members, and Defendants' actions disproportionately and negatively affect the Latinos who comprise this subclass.
250. The claims alleged by the named individual Plaintiffs are typical of the claims of all members of the putative General Class because the actions and policies challenged apply with the same force to the named individual Plaintiffs as they do to all other members of
the General Class. Likewise, the claims alleged by the named individual Plaintiffs for the
Latino Subclass are typical of the claims of the putative members of the Latino Subclass
because the actions and policies challenged apply with the same force to the named
individual members of the Latino Subclass as they do to all other members of the Latino
Subclass.
251. The named individual Plaintiffs will fairly and adequately protect the interest of the class and subclass because there are no conflicts of interest between any class or subclass
members and the named individual Plaintiffs possess a strong personal interest in the
subject matter of this lawsuit and the claims raised. Plaintiffs are represented by counsel
with expertise in class action litigation and litigation involving constitutional law and
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Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 70 of 73
voting rights. Counsel has the legal knowledge and resources to fairly and adequately represent the interests of all class and subclass members in this action.
252. This class action may be maintained under Federal Rule of Civil Procedure 23(b) because prosecuting separate actions by individual class members would create a risk of
inconsistent or varying adjudications with respect to individual class and subclass members that would establish incompatible standards of conduct for Defendants. Defendants also have acted or failed to act on grounds that generally apply to all class and subclass members, necessitating the declaratory and injunctive relief Plaintiffs seek. In addition, questions of law and fact common to class and subclass members predominate over questions affecting only individual class and subclass members. A class action is superior to other available methods for fairly and efficiently adjudicating the controversy because,
among other things, a class action would concentrate a multiplicity of individual actions,
which share common fact and legal disputes, into a single forum.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that this Court: (a) Assume jurisdiction over this matter; (b) Certify this case as a class action pursuant to Federal Rule of Civil Procedure 23, to
consist of a plaintiff class and subclass as defined above; (c) Declare that Defendants' actions described herein violate Plaintiffs' rights under the
Fourteenth Amendment to the United States Constitution; the First Amendment to the United States Constitution; Section 2 of the Voting Rights Act, 52 U.S. § 10301; the Civil Rights Act of 1964, 52 U.S. § 10101; and 42 U.S.C. §1985(3);
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(d) Enjoin Defendants, and all others acting in concert with them, from obtaining, disclosing, or using for any matter of voter registration, the administration of elections, or investigations regarding eligibility to vote, any records maintained by the Texas Department of Public Safety showing non-U.S. citizenship prior to the date of voter registration;
(e) Enjoin Defendants, and all others acting in concert with them, from investigating or
instructing any other person or entity to investigate the eligibility to vote of any person identified through records obtained from the Texas Department of Public Safety that show non-U.S. citizenship prior to the date of voter registration;
(0 Enjoin Defendants, and a!! others acting in concert with them, from issuing or instructing
any other person or entity to issue a letter, notice, or advisory (including Notices of Examination) regarding any matter of voter registration, the administration of elections, or eligibility to vote based on records maintained by the Texas Department of Public Safety showing non-U.S. citizenship of a voter prior to the date of voter registration.
(g) Order Defendants county voter registrars to refrain from cancelling, and/or to reinstate
the voter registration of any voter following investigation into eligibility to vote based on records maintained by the Texas Department of Public Safety showing non-U.S. citizenship prior to the date of voter registration; (h) Order Defendants to announce publicly that Defendant Whitley's list of suspected noncitizen voters does not contain current evidence of non-U.S. citizenship of voters and announce publicly the contents of the Court's injunction; (i) Award Plaintiffs damages in a sum to be determined by the Court;
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(j) Award Plaintiffs' attorney fees and costs incurred in this action under 42 U.S.C. § 1988, 52 U.S.C.A. § 10310, and any other applicable law;
(k) Order, pursuant to 52 U.S.C. § 10302(c) that Defendants can enforce no change in voting qualification or prerequisite to voting, or standard, practice, or procedure unless and until the change is precleared by this Court or by the U.S. Attorney General pursuant to section 5 of the Voting Rights Act, 52 U.S. Code § 10304;
(1) Maintain jurisdiction over this action; (m) Grant such other and further relief as may be deemed just and proper.

Dated: March 4, 2019

Respectfully Submitted,
MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND
By: /s/Nina Perales
Nina Perales (Tex. Bar No. 24005046) Ernest I. Herrera (Tex. Bar No. 24094718) Alejandra Avila (Tex. Bar No. 24089252)* Jack Salmon (Tex. Bar No. 24068914) 110 Broadway, Suite 300 San Antonio, Texas 78205
Phone: (210) 224-5476 Facsimile: (210) 224-5382
Email: nperalesmaldef.org (*Admitted Pro Hac Vice)
ASIAN AMERICANS ADVANCING JUSTICE AAJC Niyati Shaho* (NJ Bar No. 026622005) En Andriola+* (NY Bar No. 5510805) 1620 L Street, NW, Suite 1050 Washington, DC 20036 Phone: (202) 815-1098 Facsimile: (202) 296-2318 °Admitted in New Jersey and New York only. DC practice limited to federal courts. + Admitted in New York only.
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Case 5:19-cv-00074-FB Document 97 Filed 03/06/19 Page 73 of 73
ASIAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND Jerry Vattamala+* (NY Bar No. 4426458) Patricia Yan+* (NY Bar No. 5499173) 99 Hudson Street, 12th1 Floor New York, NY 10013 Phone: (212) 966-5932 Facsimile: (212) 966-4303 + Admitted in New York on/v. *pro hac vice application forthcoming Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, the undersigned, hereby certify that, on the 4th day of March, 2019, I electronically filed the above and foregoing document using the CMIECF system, which automatically sends notice and a copy of the filing to all counsel of record. /s/ Nina Perales Nina Perales
73

 
 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

TEXAS LEAGUE OF UNITED LATIN AMERICAN CITIZENS, et al.,
Plaintiffs, v. DAVID WHITLEY, et al.,
Defendants.

§ § § § § § CIVIL ACTION NO. SA-19-CA-074-FB § § § §

AND

JULIE GARIBAY, et al., Plaintiffs,
v. DAVID WHITLEY, et al.,
Defendants.

§ § § § § § CIVIL ACTION NO. SA-19-CA-159-FB § § § §

AND

MOVE TEXAS CIVIC FUND, et al.,

§

§

Plaintiffs,

§

§

v.

§

§ CIVIL ACTION NO. SA-19-CS-171-FB

DAVID WHITLEY, et al.,

§

§

Defendants.

§

§

______________________________________________________________________________

SETTLEMENT AGREEMENT ______________________________________________________________________________

1

I. PARTIES TO THE AGREEMENT
This settlement agreement and release of claims (the “Agreement”) is made by and between
all parties to the three cases (SA-19-CA-074-FB; SA-19-CA-159-FB; and SA-19-CA-171-FB) that
the Court consolidated by its February 22, 2019 Order, ECF No. 39, (the “Litigation”). The parties
to this Agreement include the following:
All plaintiffs in Civil Action No. SA-19-CA-074-FB (the “LULAC Plaintiffs”):
• Texas League of United Latin American Citizens • National League of United Latin American Citizens • Julie Hilberg
All plaintiffs in Civil Action No. SA-19-CA-159-FB (the “Garibay Plaintiffs”):
• Julieta Garibay • Maria Yolisma Garcia • Lorena Tule-Romain • Abraham Josue Espinosa Flores • Viridiana Tule Carrizales • Efren Gomez • Elena Keane • Organization of Chinese Americans-Greater Houston • Jane Doe #3 • Hilda Castillo • Southwest Voter Registration Education Project • Mi Familia Vota Educational Fund • La Union De Pueblo Entero, Inc. • Jane Doe #2 • UnidosUS • Jane Doe #1 • John Doe #1 • Maria Felicitas Barbosa • Martine Hummel
All plaintiffs in Civil Action No. SA-19-CA-171-FB (the “MOVE Plaintiffs”):
• MOVE Texas Civic Fund • JOLT Initiative • League of Women Voters of Texas • Nivien Saleh
2

All officials named as defendants in all three consolidated cases (the “State Defendants”) including:
• Texas Secretary of State David Whitley • Texas Attorney General Ken Paxton • Texas Governor Greg Abbott • Texas Director of Elections Keith Ingram In the remainder of this Agreement, the above parties to the consolidated cases are collectively referred to as the “Parties.”
II. GENERAL STATEMENT OF PURPOSE 1. This Agreement is the result of discussions conducted among representatives of all the Parties. The purpose of those discussions was to discuss resolution of the Litigation related to Election Advisory 2019-02. Bona fide legal disputes and controversies exist among the Parties regarding matters related to Election Advisory 2019-02 and the related data matching process. The Parties, through their respective counsel, have conferred and agreed that these consolidated actions should be settled without further delay and further expense. The Parties negotiated in good faith and agree that this Agreement is an appropriate resolution of the claims alleged by the plaintiffs. 2. Section III of this Agreement sets forth a process to which the Parties have agreed, subject to the limitations and reservation of rights set forth below, as a condition of settling Plaintiffs’ claims. This process is intended to replace the process adopted and referenced in Election Advisory 2019-02. The Parties agree that the goal of this process is to guide the Texas Secretary of State in performing a list-maintenance procedure by matching DPS data regarding potential non-U.S citizens to Texas’s voter registration database to assist counties in ensuring that only eligible voters are registered to vote while minimizing the impact on naturalized citizens. 3. In return for the Secretary of State replacing the process adopted and referenced in Election Advisory 2019-02, the plaintiffs agree to dismiss all of their claims with prejudice against
3

all of the defendants and release the defendants from all liability related to Election Advisory 201902 as fully described below.
4. In consideration of the recitals set forth above, the mutual promises, agreements, covenants, and provisions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree that the Litigation shall be fully and finally settled and compromised based on the following terms and conditions.
III. DETAILS OF AGREED MATCHING PROCESS 5. Section III of this Agreement outlines the understandings and agreements of the Parties related to the agreed matching process to be utilized by the Secretary of State, consistent with the purposes described in Section II. 6. The Secretary of State and the Plaintiffs engaged in negotiations in an attempt to improve the process by which the Secretary of State will conduct list-maintenance activities using DPS data. The Parties agree that the goal of this process is to guide the Texas Secretary of State in performing a list-maintenance procedure by matching DPS data regarding potential non-U.S citizens to Texas’s voter registration database to assist counties in ensuring that only eligible voters are registered to vote while minimizing the impact on naturalized citizens. Election Advisory 2019-02 7. Within five days of the entry of the order dismissing all three consolidated cases, the Secretary of State will rescind Election Advisory 2019-02 and advise county voter registrars and elections administrators to take no further action on any data files that the Secretary of State sent them in connection with Election Advisory 2019-02. This includes the original data files provided to county officials on January 26, 2019, and any subsequent data files sent in connection with Election Advisory 2019-02 or Election Advisory 2019-03. For online counties and any offline
4

counties using the dashboard, the Secretary of State will close as “resolved” any tasks his office created in the TEAM database in connection with Election Advisory 2019-02. The Secretary of State shall advise county voter registrars and elections administrators that any voter who received a notice that their voter registration status was in question in connection with Election Advisory 2019-02 shall receive written notice that they are still registered to vote and that their voter registration status is no longer in question, unless the voter has since contacted the registrar and asked to be removed from the voter registration rolls, or unless there is some other basis for investigating the eligibility of the voter.
New Superset 8. The Secretary of State will obtain from DPS a list of all individuals who are at least 18 years old and who hold a current (unexpired) driver’s license or personal identification card and presented to DPS documents indicating non-U.S. citizenship at their last DPS visit in which they were issued a new or renewed driver’s license or personal identification card. DPS verifies the validity of documents indicating non-U.S. citizenship (lawful presence documents) through the SAVE database at the time of the person’s DPS visit. These records will not utilize a match criteria based on individuals who obtained a replacement driver’s license or personal identification card or changed their personal information such as name or address before the expiration of their existing driver’s license or personal identification card. The Secretary of State will not request— and has never requested—that the DPS data disclosed to the Secretary of State as part of any nonU.S. citizen matching process contain the race or ethnicity of any individual. 9. The Secretary of State will match those DPS records with the voter registration database using the following criteria: a. Last Name (including Former Last Name on the Voter Record), First Name, and Full Social Security Number (9 digits);
5

b. Last Name (including Former Last Name on the Voter Record), First Name, and DPSIssued Driver License or Personal Identification Card Number; or c. Last Name (including Former Last Name on the Voter Record), First Name, Last Four Digits of the Social Security Number, and Date of Birth. These criteria are used to maximize the likelihood that the individual identified in the DPS database is the same individual identified in the TEAM database. 10. Utilizing this process, the Secretary of State will identify only currently registered voters who registered to vote before they presented documents to a DPS office indicating non-U.S. citizenship. That will be determined by comparing the effective date of a person’s voter registration to the date on which DPS validated the person’s non-U.S. citizen lawful presence documents using the SAVE database and issued the person’s current driver’s license or personal identification card to that person. Because Texas law provides that voter registration does not become effective until 30 days after a voter submits a registration form, the matching process will include voters whose effective date of registration is up to 30 days after the date on which they presented documents to a DPS office indicating non-U.S. citizenship. Thus, the Secretary of State will send to county voter registrars and elections administrators only the records of voters whose effective date of voter registration is prior to, or no more than 30 calendar days after, the issuance date of the voter’s current driver’s license or personal identification card for which he or she proved lawful presence but not U.S. citizenship. Weekly Updates 11. The Secretary of State may also obtain potential non-U.S. citizen data from DPS on a weekly basis. The records will be limited to all individuals who are at least 18 years old and who hold a current (unexpired) driver’s license or personal identification card and presented to DPS evidence of non-U.S. citizenship (with lawful presence documentation that was verified through the SAVE database by DPS) at their last DPS visit in which they were issued a new or renewed
6

driver’s license or personal identification card in the previous week. This weekly data will not include individuals who obtained a replacement driver’s license or personal identification card or changed their personal information such as name or address before the expiration of their existing driver’s license or personal identification card.
12. After receiving the weekly files from DPS, the Secretary of State will process the data in the same manner as the procedures used for the superset data as explained in paragraphs 9 and 10 above. Thus, the Secretary of State will match the weekly DPS records with the voter registration database using the three sets of criteria identified above and send to the county voter registrars and elections administrators only the records of voters whose effective date of voter registration is prior to, or no more than 30 calendar days after, the issuance date of the voter’s current driver’s license or personal identification card for which he or she proved lawful presence but not U.S. citizenship.
Daily Updates 13. DPS will send to the Secretary of State on a daily basis the record of any person who was identified in the new superset or any weekly file provided to the Secretary of State as detailed above and whose “U.S. Citizen” field changed from “No” to “Yes.” The Secretary of State will then send those records that match a voter record to the relevant county voter registrars and elections administrators within two business days. The Secretary of State shall continue the daily update process for so long as the Secretary of State is utilizing the weekly DPS data update process described above.
IV. IMPLEMENTATION OF NEW PROCESS 14. The Secretary of State will inform counsel for the plaintiffs of the total number of DPS records provided to the Secretary of State pursuant to paragraph 8 above and the total number of
7

voter records identified in the superset matching process detailed in paragraphs 9 and 10 above ten days before sending those matching records to the county voter registrars and elections administrators. The Secretary of State will inform counsel for the plaintiffs of the total number of DPS records provided to the Secretary of State pursuant to paragraph 11 above and the total number of voter records identified in the weekly matching process detailed in paragraph 12 above three days before sending those records to the county voter registrars and elections administrators for the first three batches of such data sent to the counties.
15. The Secretary of State agrees to maintain the number of matched records sent to county voter registrars and elections administrators pursuant to paragraphs 10 and 12 above for a period of two years from the date that the Secretary of State sends such records to the counties. The Secretary of State also agrees to maintain the number of voters whose registration is canceled by county voter registrars and elections administrators for (a) non-U.S. citizenship for a period of five years; and (b) failure to respond to a notice within 45 days of the counties receiving the names of the voters sent pursuant to the agreed matching process for a period of two years from the date of cancellation. The parties agree that the number reflected in subsection (b) is over-inclusive and may not accurately reflect the number of voters canceled as a result of the agreed matching process. This paragraph is not intended to describe the full responsibilities of the Secretary of State to maintain list maintenance documents pursuant to the National Voter Registration Act.
16. The Secretary of State will create new written training material that it will provide to the county voter registrars and elections administrators detailing how the DPS data was compiled and compared against the voter registration database. The Secretary of State will provide the counties with a new election advisory that replaces Advisory 2019-02 and accompanies the initial release of the superset data. That training material and advisory will advise county voter registrars
8

and elections administrators to treat these records as weak matches and that they may not immediately cancel any voter’s registration. The training material and advisory will advise the county voter registrars and elections administrators that they may investigate whether a voter is currently eligible for registration in the county using any lawful means at their disposal. The Secretary of State will provide guidance on some of the means that may be available for counties to investigate voter eligibility. Pursuant to Section 16.033 of the Texas Election Code, if the voter registrar has a reason to believe that the person is no longer eligible for registration, the registrar shall send a notice of examination, as described in paragraph 17, to the person indicating that the voter’s registration status is being reviewed by the registrar. The Secretary of State may advise the counties that, based on the refinement of the DPS data and the strict matching criteria that the Secretary of State is utilizing to generate an identity match, it is the Secretary of State’s position that a voter’s presence on the list of matches provides a county with reason to believe that the identified voter is no longer eligible for registration if the county’s independent investigation does not demonstrate that the individual is a U.S. citizen. The Secretary of State will advise the counties on the acceptable ways in which a voter can prove U.S. citizenship after receiving a notice of examination. That includes by presenting a copy in the manner described in paragraph 17 of a U.S. birth certificate or a Consular Report of Birth Abroad of a Citizen of the United States issued by the United States Department of State, U.S. passport, certificate of naturalization, or certificate of naturalization of the voter’s parent (along with the voter’s foreign birth certificate) that allowed the voter to become a U.S. citizen while he or she was a minor. The notice also informs voters of their right to request a hearing to challenge their cancellation under Texas Election Code, sections 16.061-16.066. The Secretary of State will advise the counties that voters whose registration is canceled after being sent a notice of examination but later prove their U.S. citizenship at the polling
9

place or to the voter registrar shall be reinstated (as opposed to re-registered) immediately as permitted by Texas Election Code Section 16.037.
17. The Secretary of State will post a new form on its website, titled “Notice to Registered Voter for Proof of Citizenship,” exclusively for notices of examination that voter registrars would issue resulting from the matching process described in this Agreement. A copy of that Notice is attached as Exhibit A to this Agreement. The updated notice addresses concerns raised by the Court regarding the existing notice (Form BW1-12), to the extent permitted by federal and state law, including informing voters that they can provide proof of U.S. citizenship by personal delivery, mail, facsimile, electronic mail, or any other method of transmission. The notice shall be promulgated in all languages required in Texas jurisdictions under Chapter 272 of the Texas Election Code and Section 203 of the Voting Rights Act, 52 U.S.C. § 10503.
18. The Plaintiffs do not concede that Tex. Elec. Code § 16.033 as currently written and enforced by the Secretary of State complies with the requirements of the National Voter Registration Act and expressly reserve the right to bring suit under the NVRA for claims arising out of Tex. Elec. Code § 16.033 other than those expressly disclaimed herein as set forth with limitations and reservation in paragraph 28.
V. ADDITIONAL TERMS AND CONDITIONS 19. This Agreement does not preclude the Secretary of State from advising county voter registrars and elections administrators to determine the eligibility of a voter who was mistakenly registered due to a clerical error by the county, including any registrants who indicated they were not U.S. citizens on their voter registration application but were nevertheless registered to vote by the county.
10

20. Nothing in this Agreement shall prevent the Secretary of State from reducing the impact of list maintenance on naturalized citizens by obtaining verifiable information relating to a voter’s U.S. citizenship status from a federal governmental entity, including through the U.S. Department of Homeland Security’s Systematic Alien Verification for Entitlements Program, and providing such information to county voter registrars and elections administrators for examination of voter eligibility. Nothing in this Agreement shall be construed to waive, release, or discharge any claim Plaintiffs have or may have in the future over such newly adopted procedures, or any procedures or list maintenance procedures not explicitly described herein, under federal or state law.
21. This Agreement applies only to how the Secretary of State will match data from DPS regarding potential non-U.S. citizens with Texas’s voter registration database based on the manner in which DPS currently collects data about U.S. citizenship. This Agreement does not affect or limit how the Secretary of State may use any other data obtained from DPS. This Agreement does not affect or limit how the Secretary of State may use DPS data regarding potential non-U.S. citizens if DPS changes its methods of collecting data regarding U.S. citizenship. This Agreement does not affect or limit the Secretary of State’s ability to assist counties in identifying non-U.S. citizen voters through any other means or to conduct any other type of list maintenance on Texas’s voter rolls. Nothing in this Agreement shall be construed to waive, release, or discharge any claim Plaintiffs have or may have in the future over any list maintenance procedure not explicitly described herein, including any use of DPS data regarding potential non-U.S. citizens collected through any other method other than that described herein, or any other process or procedure used by the Secretary of State to assist counties in identifying non-U.S. citizens on the voter registration rolls.
11

22. This Agreement does not supersede, and is not intended to supersede, any of the defendants’ obligations under federal or state law, whether such obligations exist now or at any time while this Agreement is effective. If Defendants later assert that any such federal or state law obligations require Defendants to modify the list maintenance procedures outlined herein, Plaintiffs reserve the right to bring any claim under federal or state law challenging such modifications.
23. Nothing in this Agreement affects the authority or ability of the Texas Attorney General to investigate and prosecute acts of voter fraud over which the Attorney General has jurisdiction, nor does it affect the rights, if any, of the Plaintiffs to challenge future investigations and prosecutions, if any.
24. Nothing in this Agreement, or any action taken under this Agreement, is an admission of liability—nor should it be interpreted as an admission of liability—by any of the defendants, or by any current or former employee, agent, or representative of the defendants.
25. If there is cause to believe that a breach of this Agreement has occurred, the Parties agree that all claims of breach shall be adjudicated through a new lawsuit brought in state or federal court in the Western District of Texas (San Antonio Division).
26. The Secretary of State will pay the plaintiffs a total of $450,000 for the plaintiffs’ fees and cost incurred in the litigation of this case through checks payable to Brazil and Dunn LLP. The plaintiffs shall provide the Secretary of State with its IRS Form 1099 for the payee, and the Secretary of State shall make payment on or before September 5, 2019. The Parties agree that other than the payment of the $450,000, each party will bear its own fees and costs incurred in this Litigation.
12

27. The Parties agree to file joint motions to dismiss all of the Plaintiffs’ claims pursuant to Federal Rule of Civil Procedure 41(a)(2) within three calendar days of the effective date of this Agreement. The Parties understand and agree that the enforceability and validity of this Agreement are expressly conditioned upon entry of an order by the United States District Court for the Western District of Texas, San Antonio Division, dismissing all of the plaintiffs’ claims against all of the defendants in all of the consolidated cases in their entirety with prejudice.
28. The plaintiffs hereby knowingly and voluntarily agree to fully, finally, and forever unconditionally release, acquit, and discharge all of the defendants, their agents and employees, including their attorneys and former employees (the “Releasees”), from any and all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, losses, expenses (including attorneys’ fees and costs incurred), claims or rights under any and all federal and state laws, and any and all claims, demands and liabilities whatsoever of every name and nature, both in law and in equity, whether known or not, which the plaintiffs now have or ever had (including any claims in relation to this Litigation under the National Voter Registration Act) asserted in this Litigation or related to Election Advisory 2019-02 or the process described in paragraphs 7 through 13 against the defendants and Releasees, up to and including the date the Parties sign this Agreement. Notwithstanding the foregoing, the plaintiffs may bring an action to enforce the provisions of this Agreement as provided for in paragraph 25. The Plaintiffs agree to withdraw any outstanding NVRA notices related to Election Advisory 2019-02. Notwithstanding the foregoing, nothing shall preclude Plaintiffs from making any future request for documents to which they are entitled under the NVRA related to the list maintenance procedures described in this Agreement or from bringing an action related to such requests for documents. Nothing in this Agreement prevents the plaintiffs or their counsel from bringing an action against the Secretary of
13

State if data, methodological, or other systemic limitations cause the lists generated by the procedures outlined herein to include registered voters who did not submit documents establishing non-U.S. citizenship to DPS after their date of voter registration.
29. The individuals whose signatures are affixed to this Agreement in a representative capacity represent and warrant that they are authorized to execute this Agreement on behalf of, and to bind, the entity on whose behalf the signature is affixed.
30. The Parties acknowledge they have had the right to consult with an attorney before signing this Agreement. The Parties represent and warrant they have read this Agreement and reviewed it with their counsel, and further represent and warrant that they have executed this Agreement of their own free will and accord without further representation of any kind or character not expressly set forth herein.
31. This Agreement shall be construed as if all Parties jointly prepared it, and any uncertainty or ambiguity in this Agreement shall not be interpreted against any one Party.
32. This Agreement contains the entire understanding of the Parties hereto, supersedes any and all prior agreements or understandings, statements, promises, or inducements contrary to the terms of this Agreement, and shall not be amended except by written instrument expressly referring to this Agreement and signed by all of the Parties hereto.
33. This Agreement is binding on the Parties, their successors in office, employees, representatives, delegates, agents, assigns, and all persons acting on their behalf, to the extent permitted by law or required by this Agreement.
34. This Agreement may be executed in counterparts, each of which shall constitute an integrated and enforceable whole.
[Remainder of page left intentionally blank. Signature page follows.]
14

IN WITNESS WHEREOF, the undersigned, having represented and warranted their authority to enter into and execute this Agreement, have executed this Agreement effective as of the last date written below.

[Signatory for the LULAC Plaintiffs)
[Signatory for the Garibay Plaintiffs)
[Signatory for the MOVE Plaintiffs)
r
ry for the Texas Secretary of State) j
Signatory for the Texas Attorney General)
(
[Signatory for the Texas Governor)

DATE DATE DATE rfATE DATE I DATE

15

IN WITNESS WHEREOF, the undersigned, having represented and warranted their authority to enter into and execute this Agreement, have executed this Agreement effective as of the last date written below.

[Signatory for the LULAC Plaintiffs] [Signatory for the Garibay Plaintiffs] [Signatory for the MOVE Plaintiffs] [Signatory for the Texas Secretary of State] [Signatory for the Texas Attorney General] [Signatory for the Texas Governor] [Signatory for the Texas Director of Elections]

DATE DATE DATE DATE DATE DATE DATE

15

EXHIBIT A

[COUNTY LETTERHEAD] _____________________ County Voter Registrar Mailing Address Physical Location Phone Number Fax Number Email Address Website TDD/TTY Phone
NOTICE TO REGISTERED VOTER FOR PROOF OF CITIZENSHIP
Dear Voter:
As the voter registrar for ___________ County, I am writing to notify you of important information regarding your voter registration.
You are currently registered to vote in this county. We have received information from the Texas Secretary of State reflecting that you might not be a United States citizen. The Texas Department of Public Safety’s records show that the most recent time you obtained a Driver License or Personal Identification Card, you indicated that you were not a United States citizen. Although you can obtain a Driver License or Personal Identification Card as a non-United States citizen, only United States citizens are eligible to vote.
To maintain your active voter registration status, please provide proof that you are a United States citizen. Proof of United States citizenship can be established by presenting a copy of any of the following documents:
• U.S. birth certificate or a Consular Report of Birth Abroad of a Citizen of the United States issued by the United States Department of State;
• United States passport; • Certificate of Naturalization or Certificate of Citizenship; or • Your parent’s Certificate of Naturalization along with your birth certificate if you became
a U.S. citizen as a result of your parent’s naturalization.
There are several ways to provide proof of U.S. citizenship to my office. You can deliver it by hand, or you can send it by mail, fax, electronic mail, or any other method of transmission. My office’s contact information is listed at the top of this letter.
Please provide proof of U.S. citizenship within thirty (30) days from the date of this letter. If we do not receive a response from you within thirty (30) days, your voter registration will be cancelled. In the event that your registration is cancelled, you can still be immediately reinstated by providing proof of U.S. citizenship to my office or at your polling location, even if the thirty (30)-day period has already passed. You may also request a hearing to challenge your cancellation, even if you do not possess one of the above forms, by contacting my office.
If you have any questions regarding this notice or your voter registration, please contact my office at _______________ (phone number).

___________________________________________ Signature of Voter Registrar

____________________ Date

 
 Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 1 of 9
CLOSED,CONSOLIDATED
U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:19−cv−00159−FB

Garibay et al v. Whitley et al Assigned to: Judge Fred Biery Lead case: 5:19−cv−00074−FB Member case: (View Member Case) Case in other court: Texas Southern, 2:19−cv−00040 Cause: 42:1973 Voting Rights Act
Plaintiff

Date Filed: 02/20/2019 Date Terminated: 04/29/2019 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Jurisdiction: Federal Question

Julieta Garibay

represented by Nina Perales MALDEF [Mexican American Legal Defense & Educational Fund] 110 Broadway Street, #300 San Antonio, TX 78205 (210) 224−5476 Fax: 210/224−5382 Email: nperales@maldef.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila Mexican American Legal Defense & Education Fund 110 Broadway, Suite 300 San Antonio, TX 78205 210−224−5476 Fax: 210−224−5382 Email: aavila@maldef.org ATTORNEY TO BE NOTICED

Ernest I. Herrera Mexican American Legal Defense and Educational Fund 110 Broadway, Suite 300 San Antonio, TX 78205 210−224−5476 Fax: 210−224−5382 Email: eherrera@maldef.org ATTORNEY TO BE NOTICED

John Paul Salmon 1801 San Pedro Ave. San Antonio, TX 78212 4692268741 Email: jacksalmon02@yahoo.com ATTORNEY TO BE NOTICED

Plaintiff Maria Yolisma Garcia

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 2 of 9

(See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Lorena Tule−Romain

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Abraham Josue Espinosa Flores

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Viridiana Tule Carrizales

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 3 of 9

Efren Gomez

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Elena Keane

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Southwest Voter Registration Education Project

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Mi Familia Vota Educational Fund

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 4 of 9

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff La Union Del Pueblo Entero, Inc.

represented by Nina Perales (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jane Doe #2

represented by Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Nina Perales (See above for address) ATTORNEY TO BE NOTICED

Plaintiff UnidosUS

represented by Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Nina Perales (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Jane Doe #1

represented by

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 5 of 9

Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Nina Perales (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Maria Felicitas Barbosa

represented by Alejandra Avila (See above for address) ATTORNEY TO BE NOTICED

Ernest I. Herrera (See above for address) ATTORNEY TO BE NOTICED

John Paul Salmon (See above for address) ATTORNEY TO BE NOTICED

Nina Perales (See above for address) ATTORNEY TO BE NOTICED

V. Defendant David Whitley in his official capacity as Texas Secretary of State
Defendant Ken Paxton in his official capacity as Texas Attorney General
Defendant Greg Abbott in his official capacity as Governor of Texas
Defendant Cheryl E Johnson Galveston County Tax

represented by Patrick K. Sweeten Texas Attorney General 300 West 15th St. − 9th Flr Austin, TX 78701 (512) 936−1307 Fax: 512/499−0712 Email: Patrick.Sweeten@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patrick K. Sweeten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Patrick K. Sweeten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry C Willey Galveston County Legal Department

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 6 of 9

Assessor−Collector, in her official capacity

722 Moody, 5th Floor Galveston, TX 77550 409−770−5562 Fax: 409−770−5560 Email: barry.willey@co.galveston.tx.us LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant Kim Rinn

Defendant Karen Nelson

Defendant Laura Wise

Date Filed 02/02/2019 02/04/2019 02/05/2019 02/06/2019 02/10/2019 02/11/2019
02/11/2019

# Docket Text
1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541−21783543) filed by Efren Gomez, Lorena Tule−Romain, Elena Keane, Mi Familia Vota Educational Fund, Maria Yolisma Garcia, Southwest Voter Registration Education Project, Abraham Josue Espinosa Flores, Julieta Garibay, La Union Del Pueblo Entero, Inc., Viridiana Tule Carrizales.(Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/02/2019)
2 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/3/2019 at 09:00 AM before Judge Nelva Gonzales Ramos Parties notified.(dterrell, 2) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/04/2019)
3 Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/05/2019)
Summons Issued as to Greg Abbott, Cheryl E Johnson, Ken Paxton, David Whitley. Issued summons delivered to plaintiff by First−class mail, filed.(idavis, 2) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/06/2019)
4 First AMENDED COMPLAINT against All Defendants filed by Elena Keane, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Lorena Tule−Romain, Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Abraham Josue Espinosa Flores, La Union Del Pueblo Entero, Inc., Viridiana Tule Carrizales, Jane Doe #2, UnidosUS, Jane Doe #1, Maria Felicitas Barbosa.(Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/10/2019)
5 EMERGENCY MOTION by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS, filed. Motion Docket Date 3/4/2019. (Attachments: # 1 Memorandum of Law in Support, # 2 Proposed Order, # 3 Appendix, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28)(Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/11/2019)
6 First SUPPLEMENT to 5 EMERGENCY MOTION by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 7 of 9

02/11/2019
02/11/2019 02/11/2019 02/11/2019 02/11/2019 02/12/2019 02/15/2019 02/15/2019

Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS, filed. (Attachments: # 1 Exhibit 29, # 2 Exhibit 30, # 3 Exhibit 31, # 4 Exhibit 32, # 5 Exhibit 33, # 6 Exhibit 34, # 7 Exhibit 35, # 8 Exhibit 36, # 9 Exhibit 37, # 10 Exhibit 38, # 11 Exhibit 39, # 12 Exhibit 40, # 13 Exhibit 41, # 14 Exhibit 42, # 15 Exhibit 43, # 16 Exhibit 44, # 17 Exhibit 45, # 18 Exhibit 46, # 19 Exhibit 47, # 20 Exhibit 48, # 21 Exhibit 49, # 22 Exhibit 50)(Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/11/2019)
7 Second SUPPLEMENT to 5 EMERGENCY MOTION by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS, filed. (Attachments: # 1 Exhibit 51, # 2 Exhibit 52, # 3 Exhibit 53, # 4 Exhibit 54, # 5 Exhibit 55, # 6 Exhibit 56, # 7 Exhibit 57, # 8 Exhibit 58, # 9 Exhibit 59, # 10 Exhibit 60, # 11 Exhibit 61, # 12 Exhibit 62, # 13 Exhibit 63, # 14 Exhibit 64, # 15 Exhibit 65, # 16 Exhibit 66, # 17 Exhibit 67)(Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/11/2019)
8 NOTICE of Appearance by Alejandra Avila & Jack Salmon on behalf of Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS, filed. (Salmon, John) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/11/2019)
9 Unopposed MOTION for Leave to File Excess Pages by Greg Abbott, Ken Paxton, David Whitley, filed. Motion Docket Date 3/4/2019. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/11/2019)
10 MOTION to Dismiss by Greg Abbott, Ken Paxton, David Whitley, filed. Motion Docket Date 3/4/2019. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/11/2019)
11 ORDER GRANTING DEFENDANTS SECRETARY OF STATE DAVID WHITLEY, ATTORNEY GENERAL OF TEXAS KEN PAXTON, AND GOVERNER GREG ABBOTT'S UNOPPOSED MOTION FOR LEAVE TO EXCEED PAGE LIMITATIONS ON DEFENDANTS' MOTION TO DISMISS granting 9 Motion for Leave to File Excess Pages.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/11/2019)
12 ORDER ; Motion−related deadline set re: 10 MOTION to Dismiss Plaintiff Response due by 2/21/2019.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/12/2019)
13 RESPONSE to 10 MOTION to Dismiss filed by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS. (Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/15/2019)
14 NOTICE of Filing of Additional Evidence in Support of Plaintiffs' Application for TRO by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS, filed. (Attachments: # 1 Declaration of Ernest I. Herrera, # 2 Exhibit Ex. 14 − Declaration of Elena Keane, # 3 Exhibit Ex. 70 − Declaration of Martine Hummel, # 4 Exhibit Ex. 71 − Amended Declaration of Juanita Valdez−Cox, # 5 Exhibit Ex. 72 − Declaration of Dr. Deborah Liles, # 6 Exhibit Ex. 73 − Declaration of El Paso Elections Administrator Lisa Wise)(Perales, Nina) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/15/2019)

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 8 of 9

02/19/2019 02/19/2019 02/20/2019 02/20/2019 02/20/2019 02/20/2019
02/20/2019 02/21/2019
02/21/2019
02/21/2019 02/22/2019 02/22/2019

15 ORDER TRANSFERRING CASE to Western District of Texas, San Antonio Division. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/19/2019)
Interdistrict transfer to Western District of Texas, San Antonio Division. Case transferred electronically. (mserpa, 2) [Transferred from Texas Southern on 2/20/2019.] (Entered: 02/19/2019)
16 Case electronically transferred in from Southern District of Texas; Case Number 2:19−cv−00040. (Entered: 02/20/2019)
Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (aej) (Entered: 02/20/2019)
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (aej) (Entered: 02/20/2019)
17 MOTION for Leave to Proceed Under Pseudonyms by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Perales, Nina) (Entered: 02/20/2019)
18 MOTION for Leave to File Second Amended Complaint by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Perales, Nina) (Entered: 02/20/2019)
19 Reurged MOTION for Temporary Restraining Order by Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order, # 2 Brief in Support of Re−Urged Motion for TRO, # 3 Affidavit First Declaration of Ernest Herrera, # 4 Affidavit Second Declaration of Ernest Herrera, # 5 Appendix Exhibit List − TRO Application, # 6 Exhibit 1−10, # 7 Exhibit 11−20, # 8 Exhibit 21−28, # 9 Exhibit 29 (1 of 2), # 10 Exhibit 29 (2 of 2), # 11 Exhibit 30−40, # 12 Exhibit 41−50, # 13 Exhibit 51−60, # 14 Exhibit 61−73, # 15 Exhibit 74−83)(Perales, Nina) (Entered: 02/21/2019)
20 MOTION to Appear Pro Hac Vice by Nina Perales for Alejandra Avila ( Filing fee $ 100 receipt number 0542−11791573) by on behalf of Maria Felicitas Barbosa, Jane Doe #1, Jane Doe #2, Abraham Josue Espinosa Flores, Maria Yolisma Garcia, Julieta Garibay, Efren Gomez, Elena Keane, La Union Del Pueblo Entero, Inc., Mi Familia Vota Educational Fund, Southwest Voter Registration Education Project, Viridiana Tule Carrizales, Lorena Tule−Romain, UnidosUS. (Attachments: # 1 Proposed Order)(Perales, Nina) (Entered: 02/21/2019)
21 MOTION to Appear Pro Hac Vice by Beverly West for Robert Barron Boemer ( Filing fee $ 100 receipt number 0542−11791576) by on behalf of Cheryl E Johnson. (West, Beverly) (Main Document 21 replaced on 2/21/2019) (rg). (Entered: 02/21/2019)
22 ORDER GRANTING 20 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (aej) (Entered: 02/22/2019)
23 ORDER Consolidating Case. All filings are to be made in 5:19cv74.. Signed by Judge Fred Biery. (aej) (Entered: 02/22/2019)

Case: 5:19-cv-159 As of: 10/24/2019 11:13 AM CDT 9 of 9

02/25/2019 03/06/2019
04/29/2019

24 MOTION to Appear Pro Hac Vice for Barry C. Willey by Cheryl E Johnson. (aej) (Entered: 02/26/2019)
25 ORDER GRANTING 24 Motion to Appear Pro Hac Vice for Attorney Barry C Willey for Cheryl E Johnson. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Fred Biery. (aej) (Entered: 03/07/2019)
26 ORDER GRANTING JOINT MOTION TO DISMISS. Signed by Judge Fred Biery. (kh) (Entered: 04/29/2019)

 
 Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 1 of 11
CLOSED,CONSOLIDATED
U.S. District Court [LIVE] Western District of Texas (San Antonio) CIVIL DOCKET FOR CASE #: 5:19−cv−00171−FB

MOVE Texas Civic Fund et al v. Whitley et al Assigned to: Judge Fred Biery Lead case: 5:19−cv−00074−FB Member case: (View Member Case) Case in other court: Texas Southern, 3:19−cv−00041 Cause: 28:1331 Fed. Question
Plaintiff

Date Filed: 02/22/2019 Date Terminated: 04/29/2019 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Jurisdiction: Federal Question

MOVE Texas Civic Fund

represented by Brenda Wright Demos 80 Broad Street, 4th Floor New York, NY 10004 646−948−1621 Email: bwright@demos.org ATTORNEY TO BE NOTICED

Brendan Downes Lawyers Committee for Civil Rights Under Law 1500 K St. NW, Suite 900 Washington, DC 20005 202−662−8600 Email: bdownes@lawyerscommittee.org ATTORNEY TO BE NOTICED

Brian Klosterboer ACLU of Texas PO Box 8306 Houston, TX 77288 713−942−8146 Email: bklosterboer@aclutx.org ATTORNEY TO BE NOTICED

Chiraag Bains Demos 740 6th Street NW, Second Floor Washington, DC 20001 202−864−2746 Email: cbains@demos.org ATTORNEY TO BE NOTICED

Dale E. Ho American Civil Liberties Union 125 Broad St 18th Fl New York, NY 10004 212−519−7836 ATTORNEY TO BE NOTICED

Edgar Saldivar ACLU of Texas P.O. Box 8306 Houston, TX 77288 7133257011 Fax: 7139428966 Email: esaldivar@aclutx.org ATTORNEY TO BE NOTICED

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 2 of 11
Ezra D Rosenberg Lawyers Committee for Civil Rights Under Law 1500 K Street, NW, Suite 900 Washington, DC 20005 (202) 662−8600 Email: erosenberg@lawyerscommittee.org PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer Nwachukwu Lawyers' Committee for Civil Rights Under Law 1500 K Street NW, Suite 900 Washington, DC 20005 202−662−8600 Email: jnwachukwu@lawyerscommittee.org ATTORNEY TO BE NOTICED
Joaquin Robert Gonzalez Texas Civil Rights Project 1405 Montropolis Drive Austin, TX 78741 512−474−5073 Fax: 512−474−0726 ATTORNEY TO BE NOTICED
Jon M. Greenbaum Lawyers' Committee for Civil Rights Under Law 1500 K St. NW, Suite 900 Washington, DC 20005 202−662−8600 Email: jgreenbaum@lawyerscommittee.org ATTORNEY TO BE NOTICED
Mimi M.D. Marziani Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741 512−474−5073 x108 Fax: 512−474−0726 Email: mimi@texascivilrightsproject.org ATTORNEY TO BE NOTICED
Rebecca E. Harrison Stevens Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741 512−474−5073 Fax: 512−474−0726 Email: beth@texascivilrightsproject.org ATTORNEY TO BE NOTICED
Sophia Lin Lakin American Civil Liberties Union Foundation, Inc. 125 Broad Street, 18th Floor New York, NY 10004 212−519−7836 Fax: 212−549−2654 Email: slakin@aclu.org ATTORNEY TO BE NOTICED
Stuart Naifeh

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 3 of 11

Demos 80 Broad Street, 4th Floor New York, NY 10004 212−485−6055 Email: snaifeh@demos.org ATTORNEY TO BE NOTICED

Thomas Paul Buser−Clancy ACLU of Texas P.O. Box 8306 Houston, TX 77288 713−325−7011 Fax: 713−942−8966 Email: tbuser−clancy@aclutx.org ATTORNEY TO BE NOTICED

Andre I. Segura ACLU Foundation of Texas, Inc. P.O. Box 8306 Houston, TX 77288 713−942−8146 Fax: 713−942−8966 Email: asegura@aclutx.org ATTORNEY TO BE NOTICED

Plaintiff JOLT Initiative

represented by Andre I. Segura (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brenda Wright (See above for address) ATTORNEY TO BE NOTICED

Brendan Downes (See above for address) ATTORNEY TO BE NOTICED

Brian Klosterboer (See above for address) ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) ATTORNEY TO BE NOTICED

Dale E. Ho (See above for address) ATTORNEY TO BE NOTICED

Edgar Saldivar (See above for address) ATTORNEY TO BE NOTICED

Ezra D Rosenberg (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer Nwachukwu (See above for address) ATTORNEY TO BE NOTICED

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 4 of 11

Joaquin Robert Gonzalez (See above for address) ATTORNEY TO BE NOTICED

Jon M. Greenbaum (See above for address) ATTORNEY TO BE NOTICED

Mimi M.D. Marziani (See above for address) ATTORNEY TO BE NOTICED

Rebecca E. Harrison Stevens (See above for address) ATTORNEY TO BE NOTICED

Sophia Lin Lakin (See above for address) ATTORNEY TO BE NOTICED

Stuart Naifeh (See above for address) ATTORNEY TO BE NOTICED

Thomas Paul Buser−Clancy (See above for address) ATTORNEY TO BE NOTICED

Plaintiff League of Women Voters of Texas

represented by Brenda Wright (See above for address) ATTORNEY TO BE NOTICED

Brendan Downes (See above for address) ATTORNEY TO BE NOTICED

Brian Klosterboer (See above for address) ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) ATTORNEY TO BE NOTICED

Dale E. Ho (See above for address) ATTORNEY TO BE NOTICED

Edgar Saldivar (See above for address) ATTORNEY TO BE NOTICED

Ezra D Rosenberg (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer Nwachukwu (See above for address) ATTORNEY TO BE NOTICED

Joaquin Robert Gonzalez (See above for address)

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 5 of 11

ATTORNEY TO BE NOTICED

Jon M. Greenbaum (See above for address) ATTORNEY TO BE NOTICED

Mimi M.D. Marziani (See above for address) ATTORNEY TO BE NOTICED

Rebecca E. Harrison Stevens (See above for address) ATTORNEY TO BE NOTICED

Sophia Lin Lakin (See above for address) ATTORNEY TO BE NOTICED

Stuart Naifeh (See above for address) ATTORNEY TO BE NOTICED

Thomas Paul Buser−Clancy (See above for address) ATTORNEY TO BE NOTICED

Andre I. Segura (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Texas State Conference of NAACP Units

represented by Andre I. Segura (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Nivien Saleh

represented by Andre I. Segura (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brenda Wright (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan Downes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian Klosterboer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chiraag Bains (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dale E. Ho (See above for address) LEAD ATTORNEY

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 6 of 11
ATTORNEY TO BE NOTICED
Edgar Saldivar (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Ezra D Rosenberg (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Joaquin Robert Gonzalez (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jon M. Greenbaum (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mimi M.D. Marziani (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Rebecca E. Harrison Stevens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Sophia Lin Lakin (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stuart Naifeh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas Paul Buser−Clancy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer Nwachukwu (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
David Whitley Texas Secretary of State, in his official capacity

represented by Patrick K. Sweeten Texas Attorney General 300 West 15th St. − 9th Flr Austin, TX 78701 (512) 936−1307 Fax: 512/499−0712 Email: Patrick.Sweeten@oag.texas.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 7 of 11

Defendant Keith Ingram Texas Director of Elections, in his official capacity
Defendant Judge Cheryl Johnson Voter Registrar for Galveston County, in her official capacity
Defendant Pamela Ohlendorf Elections Administrator for Caldwell County, in her official capacity
Defendant Kirsten Spies
Defendant Terri Hefner Elections Administrator for Fayette County, in her official capacity Defendant Beth Rothermel County Clerk and Voter Registrar for Washington County, in her official capacity Defendant Janet Torres
Defendant

represented by Patrick K. Sweeten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Barry C Willey Galveston County Legal Department 722 Moody, 5th Floor Galveston, TX 77550 409−770−5562 Fax: 409−770−5560 Email: barry.willey@co.galveston.tx.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Barron Boemer Galveston County Legal Department Galveston County Courthouse 722 Moody, 5th Floor Galveston, TX 77550−2317 409−770−5562 Fax: 409−770−5560 Email: bob.boemer@co.galveston.tx.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Philip Barr Arnold Allison Bass and Magee LLP 402 West 12th Street Austin, TX 78701 512−480−0701 Fax: 512−482−0902 Email: p.arnold@allison−bass.com ATTORNEY TO BE NOTICED
represented by Philip Barr Arnold (See above for address) ATTORNEY TO BE NOTICED
represented by Philip Barr Arnold (See above for address) ATTORNEY TO BE NOTICED
represented by Philip Barr Arnold (See above for address) ATTORNEY TO BE NOTICED
represented by Philip Barr Arnold (See above for address) ATTORNEY TO BE NOTICED

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 8 of 11

Elections Administrator for Harrison County

represented by Philip Barr Arnold (See above for address) ATTORNEY TO BE NOTICED

Defendant Karen Nelson

represented by Philip Barr Arnold (See above for address) ATTORNEY TO BE NOTICED

Date Filed 02/04/2019
02/04/2019
02/04/2019 02/04/2019 02/04/2019 02/04/2019 02/06/2019 02/06/2019 02/06/2019 02/06/2019 02/06/2019

# Docket Text
1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541−21786534) filed by League of Women Voters of Texas, JOLT Initiative, MOVE Texas Civic Fund, Texas State Conference of NAACP Units. (Attachments: # 1 Complaint)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)
2 Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment, # 3 Unredacted attachment, # 4 Unredacted attachment, # 5 Unredacted attachment, # 6 Unredacted attachment)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)
3 MOTION for Brenda Wright to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. Motion Docket Date 2/25/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)
4 MOTION for Chiragg Bains to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. Motion Docket Date 2/25/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)
5 MOTION for Stuart Naifeh to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. Motion Docket Date 2/25/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)
6 NOTICE of Related Cases by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Texas State Conference of NAACP Units, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/04/2019)
Summons Issued as to Terri Hefner, Keith Ingram, Cheryl Johnson, Pamela Ohlendorf, Beth Rothermel, Kirsten Spies, David Whitley. Issued summons delivered to plaintiff by First−class mail, filed.(agould, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)
7 First AMENDED COMPLAINT against All Defendants filed by League of Women Voters of Texas, JOLT Initiative, MOVE Texas Civic Fund.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)
8 Request for Issuance of Summons as to Elections Administrator for Harrison County, Karen Nelson, Janet Torres, filed. (Attachments: # 1 Unredacted attachment, # 2 Unredacted attachment)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)
9 STATEMENT regarding request for expedited schedule by League of Women Voters of Texas, MOVE Texas Civic Fund, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)
10 MOTION for Preliminary Injunction by League of Women Voters of Texas, MOVE Texas Civic Fund, filed. Motion Docket Date 2/27/2019. (Attachments: # 1 Affidavit of Christopher Clay, # 2 Affidavit Hilliard Drew Galloway, # 3 Affidavit Grace Chimene, # 4 Affidavit Nivien Saleh, # 5 Affidavit Dr. Daniel Smith, # 6 Proposed Order)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/06/2019)

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 9 of 11

02/07/2019 02/08/2019 02/08/2019 02/08/2019 02/08/2019 02/08/2019 02/08/2019 02/08/2019 02/08/2019 02/11/2019 02/11/2019 02/11/2019 02/11/2019 02/11/2019 02/11/2019 02/12/2019

Summons Issued as to Elections Administrator for Harrison County, Karen Nelson, Janet Torres. Issued summons delivered to plaintiff by First−class mail, filed.(agould, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/07/2019)
11 ORDER granting 5 Motion for Stuart Naifeh to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
12 ORDER granting 4 Motion for Chiraag Bains to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
13 ORDER granting 3 Motion for Brenda Wright to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(ltrevino, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
14 ORDER Setting Hearing on Motion 10 MOTION for Preliminary Injunction : Motion Hearing set for 2/22/2019 at 01:30 PM in Sixth Floor Courtroom before Judge George C Hanks Jr(Signed by Judge George C Hanks, Jr) Parties notified.(agould, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
15 MOTION for Brendan Downes to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
16 MOTION for Ezra Rosenberg to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
17 MOTION for Dale Ho to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
18 MOTION for Sophia Lakin to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/1/2019. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/08/2019)
19 WAIVER OF SERVICE Returned Executed as to Keith Ingram served on 2/8/2019, answer due 4/9/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/11/2019)
20 WAIVER OF SERVICE Returned Executed as to David Whitley served on 2/8/2019, answer due 4/9/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/11/2019)
21 ORDER granting 18 Motion for Sophia Lin Lakin to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
22 ORDER granting 17 Motion for Dale E. Ho to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
23 ORDER granting 16 Motion for Ezra Rosenberg to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
24 ORDER granting 15 Motion for Brendan Downes to Appear Pro Hac Vice.(Signed by Judge George C Hanks, Jr) Parties notified.(SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
25 NOTICE of Letter re: Notice to Defendants of Court's Scheduling Order and Request for Expedited Briefing Schedule re: 10 MOTION for Preliminary Injunction by League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 10 of 11

02/12/2019 02/12/2019 02/12/2019 02/12/2019 02/12/2019
02/13/2019 02/13/2019 02/13/2019 02/13/2019 02/14/2019 02/14/2019 02/14/2019 02/19/2019 02/19/2019 02/19/2019 02/20/2019

26 Unopposed MOTION for Leave to File Excess Pages by Keith Ingram, David Whitley, filed. Motion Docket Date 3/5/2019. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
27 MOTION to Dismiss by Keith Ingram, David Whitley, filed. Motion Docket Date 3/5/2019. (Attachments: # 1 Proposed Order)(Sweeten, Patrick) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
28 NOTICE of Appearance by ROBERT B. BOEMER, BARRY C. WILLEY on behalf of Cheryl Johnson, filed. (Boemer, Robert) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
29 WAIVER OF SERVICE Returned Executed as to Cheryl Johnson served on 2/8/2019, answer due 4/9/2019, filed.(Boemer, Robert) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
30 MOTION for Jennifer Nwachukwu to Appear Pro Hac Vice by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. Motion Docket Date 3/5/2019. (Segura, Andre) (Attachment # 1 Order PHV) (SusanGram, 3).[Transferred from Texas Southern on 2/22/2019.] (Entered: 02/12/2019)
31 RETURN of Service of SUMMONS Executed as to Beth Rothermel served on 2/11/2019, answer due 3/4/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)
32 RETURN of Service of SUMMONS Executed as to Karen Nelson served on 2/12/2019, answer due 3/5/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)
33 RETURN of Service of SUMMONS Executed as to Pamela Ohlendorf served on 2/12/2019, answer due 3/5/2019, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)
34 SUPPLEMENT to 10 MOTION for Preliminary Injunction by League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Attachments: # 1 Affidavit of Ryan V. Cox, # 2 Affidavit of Rachel Dosch)(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/13/2019)
35 NOTICE by Keith Ingram, David Whitley, filed. (Sweeten, Patrick) . [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/14/2019)
36 NOTICE of Setting as to 35 REQUEST for pre−motion conference. Parties notified. Pre−Motion Conference set for 2/20/2019 at 09:00 AM by telephone before Judge George C Hanks Jr, filed. (jegonzalez, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/14/2019)
37 RESPONSE to State Defendants' Notice Dkt. No. 35, filed by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/14/2019)
38 MOTION for Mimi Marziani to Appear Pro Hac Vice by MOVE Texas Civic Fund, filed. Motion Docket Date 3/12/2019. (Stevens, Rebecca) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/19/2019)
39 MOTION for Joaquin Robert Gonzalez to Appear Pro Hac Vice by MOVE Texas Civic Fund, filed. Motion Docket Date 3/12/2019. (Attachments: # 1 Proposed Order)(Stevens, Rebecca) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/19/2019)
40 Second SUPPLEMENT to 10 MOTION for Preliminary Injunction by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed.(Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/19/2019)
41 NOTICE of Letter Regarding Possible Transfer re: 36 Notice of Setting by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)

Case: 5:19-cv-171 As of: 10/24/2019 11:18 AM CDT 11 of 11

02/20/2019 02/20/2019 02/20/2019 02/20/2019 02/21/2019 02/21/2019 02/21/2019 02/21/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019 02/22/2019 04/29/2019

42 NOTICE of Appearance by J. Eric Magee and Philip Arnold on behalf of Elections Administrator for Harrison County, Terri Hefner, Karen Nelson, Pamela Ohlendorf, Beth Rothermel, Kirsten Spies, Janet Torres, filed. (Arnold, Philip) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)
43 SUPPLEMENT to 10 MOTION for Preliminary Injunction by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, filed.(Wright, Brenda) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)
44 NOTICE of Status of Preliminary Injunction Hearing by Keith Ingram, David Whitley, filed. (Sweeten, Patrick) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)
45 NOTICE of Status Update Regarding Possible Transfer re: 36 Notice of Setting by JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh, filed. (Segura, Andre) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/20/2019)
46 NOTICE of Appearance by Todd Lawrence Disher, Michael C. Toth, Rola Daaboul, Christopher D. Hilton, Haley O'Neill on behalf of Keith Ingram, David Whitley, filed. (Sweeten, Patrick) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)
47 NOTICE of Setting. Parties notified. Status Conference set for 2/21/2019 at 04:15 PM (Central Time Zone) by telephone before Judge George C Hanks Jr, filed. (SusanGram, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)
48 ORDER TO TRANSFER CASE to Western District of Texas, San Antonio Division (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)
Interdistrict transfer to Western District of Texas, San Antonio Division. Case transferred electronically. Case terminated on 2/21/19, filed. (dperez, 3) [Transferred from Texas Southern on 2/22/2019.] (Entered: 02/21/2019)
49 Case electronically transferred in from Southern District of Texas; Case Number 3:19−cv−00041. (Entered: 02/22/2019)
50 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Andre Ivan Segura ( Filing fee $ 100 receipt number 0542−11797797) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)
51 MOTION to Appear Pro Hac Vice by Thomas Paul Clancy for Brian Klosterboer ( Filing fee $ 100 receipt number 0542−11797824) by on behalf of JOLT Initiative, League of Women Voters of Texas, MOVE Texas Civic Fund, Nivien Saleh. (Clancy, Thomas) (Entered: 02/22/2019)
52 ORDER OF CONSOLIDATION. All fillings are to be made into lead case 5:19−cv−74 Signed by Judge Fred Biery. (mgr) Modified on 2/22/2019, to edit text (mgr). (Entered: 02/22/2019)
If ordered by the court, all referrals will be assigned to Magistrate Judge Chestney (mgr) (Entered: 02/22/2019)
Case assigned to Judge Fred Biery. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mgr) (Entered: 02/22/2019)
53 ORDER GRANTING JOINT MOTION TO DISMISS. Signed by Judge Fred Biery. (kh) (Entered: 04/29/2019)

 
 Case 5:19-cv-00074-FB Document 152 Filed 04/29/19 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

9 ?S

FOR THE WESTERN DISTRICT OF TEXAS

SAN ANTONIO DIVISION

TEXAS LEAGUE OF UNITED LATIN AMERICAN CITIZENS, et al.,

Plaintiffs,

V.
DAVID WHITLEY, et al., Defendants.
AND

CIVIL ACTION NO. SA-19-CA-074-FB

JULIE GARIBAY, et al., Plaintiffs,

V.
DAVID WHITLEY, et al., Defendants.

CIVIL ACTION NO. SA-19-CA-159-FB

AND MOVE TEXAS CIVIC FUND, et al.,
Plaintiffs,
V.
DAVID WHITLEY, et al., Defendants.

CIVIL ACTION NO. SA- 1 9-CS- 171 -FB

ORDER GRANTING JOINT MOTION TO DISMISS

Case 5:19-cv-00074-FB Document 152 Filed 04/29/19 Page 2 of 2

The Court has considered the parties' Joint Motion to Dismiss the consolidate cases. After

considering the Motion, the Court concludes that the Motion has merit and should be granted. It is

therefore ordered that the parties' Joint Motion to Dismiss is GRANTED, and it is ORDERED that all claims brought by all parties are hereby DISMISSED WITH PREJUDICE.

of4 thiday SIGNED on

, 2019.

HONORABLE FRED BIERY7
UNITED STATES DISTRIQ'f JUDGE

2

 
 Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 1 of 36

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION

JULIETA GARIBAY, MARIA YOLISMA

§

GARCIA, LORENA TULE-ROMAIN,

§

ABRAHAM JOSUE ESPINOSA FLORES,

§

VIRIDIANA TULE CARRIZALES, EFREN §

GOMEZ, ELENA KEANE, SOUTHWEST

§

VOTER REGISTRATION PROJECT,

§

MI FAMILIA VOTA EDUCATIONAL FUND, §

and LA UNION DEL PUEBLO ENTERO

§

§

vs.

§

§

DAVID WHITLEY, in his official capacity

§

as Texas Secretary of State, KEN PAXTON, in §

his official capacity as Texas Attorney General, §

GREG ABBOTT, in his official capacity as

§

Governor of Texas, and CHERYL E.

§

JOHNSON, Galveston County Tax Assessor- §

Collector, in her official capacity

§

Civil Action No.

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF This case is filed by U.S. citizens and registered voters of Texas who have been singled out for investigation and removal from the voter rolls by the Texas Secretary of State because they were born outside the United States. Plaintiffs seek declaratory and injunctive relief to protect the right of eligible citizens to vote and prevent Texas officials from taking action against them because of their national origin.
INTRODUCTION 1. On January 25, 2019, the office of the Texas Secretary of State issued an Election Advisory
to county voter registrars announcing that it would send them “actionable information” about registered voters who “provided documentation . . . showing that the person is not a citizen of the United States.”

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 2 of 36
2. The Texas Secretary of State further instructed the registrars to use the information about the purported non-U.S. citizens for voter roll maintenance, including requiring the voters to provide documents to prove their U.S. citizenship.
3. The Texas Secretary of State compiled its list of suspect voters from information provided by the Texas Department of Public Safety about individuals who were non-U.S. citizens in the past. These individuals obtained driver’s licenses or state identification cards when they were non-U.S. citizens authorized to live in the United States. The Texas driver’s licenses issued to lawful permanent resident immigrants are valid for six years, and during this time period many immigrants become eligible to naturalize and register to vote.
4. The Texas Secretary of State is well aware that the 98,000 voters whose names he sent to counties as “Possible Non U.S. Citizens” include tens of thousands of naturalized U.S. citizens. Since sending the records of naturalized citizen voters to the counties, the Secretary of State’s office has contacted the counties to advise them that the data is flawed. However, the Secretary of State has neither withdrawn the list of suspect voters nor advised the counties to refrain from acting on the flawed information. Galveston County officials acted on the Election Advisory and sent letters challenging the U.S. citizenship of registered voters whose names were sent to them from the Secretary of State.
5. Plaintiffs seek a declaration that Defendants’ targeting of them for investigation and removal from the voter rolls, based only on the fact that they were born outside the United States, violates the Fourteenth Amendment Equal Protection Clause and the federal Voting Rights Act. Plaintiffs further seek damages and a declaration that Defendant Texas officials conspired to violate their rights by coordinating an unfounded voter purge campaign with threats of criminal prosecution aimed at naturalized citizen voters.
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Plaintiffs further seek an injunction requiring Defendants to cease the purge by withdrawing the list of suspect voters and the challenge letters sent to them.

JURISDICTION AND VENUE 6. This Court has subject matter jurisdiction under 28 U.S.C. § 1331 and § 1343 over
Plaintiffs’ causes of action under the United States Constitution and federal statutes. This Court may grant Plaintiffs’ request for declaratory and injunctive relief under 28 U.S.C. §§ 2201 and 2202. 7. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b) because: (1) Defendant Johnson (in her official capacity) resides in Galveston, Texas, which is within the Southern District of Texas, (2) a substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in this District, and (3) Plaintiffs Keane and Espinosa Flores reside in the Southern District of Texas and no real property is involved in this action.

Plaintiffs

PARTIES

8. Plaintiff Julieta Garibay is a Latina resident and registered voter of Travis County, Texas.

Plaintiff Garibay is a naturalized U.S. citizen whose personal information appears on the

list of persons identified as non-U.S. citizens provided by Defendant Whitley to Travis

County as actionable information for investigation and removal from the voter rolls.

9. After she became a naturalized U.S. citizen, Plaintiff Garibay registered to vote in Travis

County, Texas. Plaintiff Garibay voted in the 2018 midterm election.

10. On or about January 28, 2019, the Secretary of State placed her personal information on his

list of suspected non-U.S. citizens and sent it to Travis County. Travis County informed

3

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 4 of 36
Plaintiff Garibay that it would review her information and make a determination on its next steps in the investigation of her voter registration. 11. Plaintiff Garibay is injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff Garibay is further injured by having been stigmatized as a person who might have registered to vote illegally. 12. Plaintiff Elena Keane is a Latina resident and registered voter of Galveston County, Texas. Plaintiff Keane is a naturalized U.S. citizen whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Galveston County as actionable information for investigation and removal from the voter rolls. 13. Plaintiff Keane registered to vote after she became a U.S. citizen. On or about January 29, 2019, Plaintiff Keane received a voter challenge letter from Galveston County tax assessor Cheryl Johnson stating “there is reason to believe you may not be a United States citizen” and that Plaintiff Keane would be purged from the voter rolls unless she provided a certified copy of her citizenship papers within 30 days. 14. On or about January 31, 2019 Plaintiff Keane received a second letter from Galveston County tax assessor Cheryl Johnson stating that Plaintiff Keane had received the first letter in error “as a result of notification to us by the Texas Secretary of State (SOS) that you may not be a United States citizen.” 15. Plaintiff Keane is injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible
4

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 5 of 36
removal from the voter rolls. Plaintiff Keane is injured by having been subjected to an investigation into her citizenship status, and by the letter requiring her to prove her U.S. citizenship. Plaintiff Keane is further injured by having been stigmatized as a person who might have registered to vote illegally. 16. Plaintiff Maria Yolisma Garcia is a Latina resident and registered voter of Dallas County, Texas. Plaintiff Garcia is a naturalized U.S. citizen who obtained a Texas driver’s license prior to becoming a U.S. citizen. After she became a naturalized U.S. citizen, Plaintiff Garcia registered to vote. Plaintiff Garcia meets the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Dallas County as actionable information for investigation and removal from the voter rolls. Plaintiff Garcia provided documentation to DPS showing that she was not a citizen of the United States when she first obtained a Texas driver’s license. She also appears on the state voter rolls maintained by the Texas Secretary of State. 17. Upon information and belief, Plaintiff Garcia is injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff Garcia is further injured by having been stigmatized as a person who might have registered to vote illegally. 18. Plaintiff Lorena Tule-Romain is a Latina resident and registered voter of Dallas County, Texas. Plaintiff Tule-Romain is a naturalized U.S. citizen who obtained a Texas driver’s license prior to becoming a U.S. citizen. After she became a naturalized U.S. citizen, Plaintiff Tule-Romain registered to vote. Plaintiff Tule-Romain meets the description of
5

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 6 of 36
individuals whose personal information appears on the list of persons identified as nonU.S. citizens provided by Defendant Whitley to Dallas County as actionable information for investigation and removal from the voter rolls. Plaintiff Tule-Romain provided documentation to DPS showing that she was not a citizen of the United States when she first obtained a Texas driver’s license. She also appears on the state voter rolls maintained by the Texas Secretary of State. 19. Upon information and belief, Plaintiff Tule-Romain is injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff TuleRomain is further injured by having been stigmatized as a person who might have registered to vote illegally. 20. Plaintiff Abraham Josue Espinosa Flores is a Latino resident and registered voter of Harris County, Texas. Plaintiff Espinosa Flores is a naturalized U.S. citizen who obtained a Texas driver’s license prior to becoming a U.S. citizen. Plaintiff Espinosa Flores registered to vote after becoming a U.S. citizen. Plaintiff Espinosa Flores meets the description of individuals whose personal information appears on the list of persons identified as nonU.S. citizens provided by Defendant Whitley to Harris County as actionable information for investigation and removal from the voter rolls. Plaintiff Espinosa Flores provided documentation to DPS showing that he was not a citizen of the United States when he first obtained a Texas driver’s license. He also appears on the state voter rolls maintained by the Texas Secretary of State.
6

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 7 of 36
21. Upon information and belief, Plaintiff Espinosa Flores is injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having his identifying information sent to the county in which he is registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff Espinoza Flores is further injured by having been stigmatized as a person who might have registered to vote illegally.
22. Plaintiff Viridiana Tule Carrizales is a Latina resident and registered voter of Bexar County, Texas. Plaintiff Tule Carrizales is a naturalized U.S. citizen who obtained a Texas driver’s license prior to becoming a U.S. citizen. After she became a naturalized U.S. citizen, Plaintiff Tule Carrizales registered to vote. Plaintiff Tule Carrizales meets the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Bexar County as actionable information for investigation and removal from the voter rolls. Plaintiff Tule Carrizales provided documentation to DPS showing that she was not a citizen of the United States when she first obtained a Texas driver’s license. She also appears on the state voter rolls maintained by the Texas Secretary of State.
23. Upon information and belief, Plaintiff Tule Carrizales is injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having her identifying information sent to the county in which she is registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff Tule Carrizales is further injured by having been stigmatized as a person who might have registered to vote illegally.
7

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 8 of 36
24. Plaintiff Efren A. Gomez is a Latino resident and registered voter of Bexar County, Texas. Plaintiff Gomez is a naturalized U.S. citizen who obtained a Texas driver’s license prior to becoming a U.S. citizen. Plaintiff Gomez registered to vote after becoming a U.S. citizen. Plaintiff Gomez meets the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to Bexar County as actionable information for investigation and removal from the voter rolls. Plaintiff Gomez provided documentation to DPS showing that he was not a citizen of the United States when he first obtained a Texas driver’s license. He also appears on the state voter rolls maintained by the Texas Secretary of State.
25. Upon information and belief, Plaintiff Gomez is injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having his identifying information sent to the county in which he is registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff Gomez is further injured by having been stigmatized as a person who might have registered to vote illegally.
26. Plaintiff Southwest Voter Registration Education Project (“SVREP”) is a nonprofit organization whose mission is to build political power among Latinos and other minority groups by increasing their participation in the U.S. democratic process. To achieve that mission, SVREP conducts the following programs: get-out-the-vote; voter registration; voter turnout; and other programs designed to educate voters. Since it was founded in 1974, SVREP has registered over 2.7 million voters. SVREP conducts its voter registration activities at community-based sites such as school campuses, malls, and fairs. SVREP
8

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 9 of 36
registered voters and conducted get-out-the-vote activities in Bexar, Dallas, Tarrant, and Harris counties in 2018. 27. Defendant’s actions have injured Plaintiff SVREP by calling into question the voter registration of naturalized citizens in Texas and discouraging naturalized individuals from registering to vote and voting, thus draining SVREP’s resources and impairing SVREP’s ability to carry out its mission. 28. Plaintiff Mi Familia Vota Education Fund (“MFV”) is a national nonprofit organization whose mission is to expand the Latino electorate and increase justice for Latinos through increased civic participation. MFV is headquartered in Phoenix, Arizona, and serves individuals in Texas. To promote civic engagement in the communities it serves, MFV conducts citizenship assistance, voter registration, voter education, and get-out-the-vote activities throughout Texas, including in the Dallas, Houston, and San Antonio metropolitan areas. In the Houston area alone, MFV hosted 89 different voter registration events in 2018, and helped register voters at naturalization ceremonies. MFV registered approximately 3,400 people to vote in Texas in 2018. 29. Defendant’s actions have injured Plaintiff Mi Familia Vota Education Fund by calling into question the voter registration of naturalized citizens in Texas and discouraging naturalized individuals from registering to vote and voting, thus draining Mi Familia Vota Education Fund’s resources and impairing Mi Familia Vota Education Fund’s ability to carry out its mission. 30. Plaintiff La Unión Del Pueblo Entero (LUPE) is a nonprofit membership organization founded on the belief that members of the low-income community have the responsibility and the obligation to organize themselves. LUPE’s mission is to build strong, healthy
9

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 10 of 36
communities in the Texas Rio Grande Valley through community organizing and civic engagement. To promote civic engagement in the communities it serves, LUPE conducts voter registration, voter education, and non-partisan get-out-the-vote campaigns, as well as assists individuals to prepare their naturalization applications. LUPE is headquartered in San Juan, Texas, and its members primarily reside in Hidalgo, Cameron, Willacy, and Starr Counties, Texas. LUPE has over 8,000 members, including Latino naturalized U.S. citizens who are registered to vote. LUPE registers voters year-round, including at its monthly membership meetings, at house meetings, in all of the LUPE offices and especially at the three area naturalization ceremonies where new citizens take their oath. 31. Plaintiff LUPE has members that meet the description of individuals whose personal information appears on the list of persons identified as non-U.S. citizens provided by Defendant Whitley to counties as actionable information for investigation and removal from the voter rolls. Plaintiff LUPE’s affected members are injured by having been placed on the Secretary of State’s list of “Possible Non U.S. Citizens” and having their identifying information sent to the counties in which they are registered to vote with instructions to use that information for investigation and possible removal from the voter rolls. Plaintiff LUPE’s affected members are further injured by having been stigmatized as persons who might have registered to vote illegally. 32. Defendant’s actions have also injured Plaintiff LUPE by calling into question the voter registration of naturalized citizens in Texas and discouraging naturalized individuals from registering to vote and voting, thus draining LUPE’s resources and impairing LUPE’s ability to carry out its mission.
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Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 11 of 36
Defendants 33. Defendant David Whitley is the Texas Secretary of State. The Secretary of State is one of six state officials who form the Executive Department of Texas. Defendant Whitley is appointed by the Governor, with confirmation by the Senate, and serves at the pleasure of the Governor. Defendant Whitley serves as Chief Election Officer for Texas, assisting county election officials and ensuring the uniform application and interpretation of election laws throughout Texas. Defendant Whitley provides information and instruction to counties on how to administer voter registration and maintain the voter rolls, including when and how to investigate and remove registered voters from the rolls because of suspected non-U.S. citizenship. Defendant Whitley has the ability to refer elections complaints to the Office of the Attorney General for investigation and prosecution. At all times relevant herein, Defendant Whitley acted under color of state law. Defendant Whitley is sued in his official capacity. 34. Defendant Ken Paxton is the Texas Attorney General. The Office of the Attorney General has statewide investigation authority and concurrent prosecution authority with local elected prosecutors over the election laws of the State. In his capacity as Attorney General, Defendant Paxton and his office investigate and prosecute violations of the Texas Election Code, including illegal voting. At all times relevant herein, Defendant Paxton acted under color of state law. Defendant Paxton is sued in his official capacity. 35. Defendant Greg Abbott is the Governor of Texas. In that capacity, he appoints and directs the activities of the Texas Secretary of State. Defendant Abbott is the chief executive and chief law enforcement officer of Texas. At all times relevant herein, Defendant Abbott acted under color of state law. Defendant Abbott is sued in his official capacity.
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Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 12 of 36
36. Defendant Cheryl E. Johnson is the Galveston County Tax Assessor-Collector. In that capacity, Defendant Johnson serves as the voter registrar for and maintains the voter rolls of Galveston County. Defendant Johnson also provides the poll books for elections in Galveston County and provides programs on voter registration, voter participation and citizenship. At all times relevant herein, Defendant Johnson acted under color of state law. Defendant Johnson is sued in her official capacity.
FACTUAL BACKGROUND Driver’s Licenses in Texas
37. Non-U.S. citizens who are authorized to live in the United States are eligible for Texas driver’s licenses and identification cards. To obtain a driver’s license (or state identification card) in Texas, a non-U.S. citizen must go to the Texas Department of Public Safety (DPS), complete an application, and must present to DPS “documentation issued by the appropriate United States agency that authorizes the applicant to be in the United States before the applicant may be issued a driver's license.”1
38. Texas requires all non-U.S. citizens who apply for a driver’s license to show a permanent resident immigrant card (also known as a “green card”) or other document issued by the federal government showing that they are authorized to live in the United States.2
39. In addition, Texas only allows non-U.S. citizens to demonstrate their identity through presentation of an “unexpired document issued by the United States Citizenship and Immigration Services or successor federal immigration agency” or a visa issued by the U.S.
1 See Tex. Transp. Code Ann. § 521.142(a); see also 37 Tex. Admin. Code § 15.46 (“applicant for an original, renewal, or duplicate of a Texas driver license or personal identification certificate must provide information relating to their United States citizenship and provide their county of residence at the time of application.”). 2 Id.
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State Department.3 DPS retains information showing a non-U.S. citizen’s authorized presence in the U.S. in that individual’s driver’s license record.4 40. Adult lawful permanent resident immigrants receive standard Texas driver’s licenses that are valid for six years.5 All original licenses that are not provisional licenses, learner licenses, or occupational driver's licenses issued to a “legal permanent resident of the United States or a refugee or asylee lawfully admitted into the United States expires[...]on the first birthday of the license holder occurring after the sixth anniversary of the date of the application.”6 41. Non-U.S. citizens with long-term visas authorizing them to live and work in the U.S. also receive long term driver’s licenses.7 Certain other non-U.S. citizens receive driver’s licenses of shorter duration but these licenses can be renewed by showing a new document that authorizes continued presence in the U.S.8 42. Lawful permanent resident immigrants very commonly naturalize and register to vote. There is no requirement for naturalized U.S. citizens to present proof of citizenship to DPS upon naturalization or prior to the expiration of their driver’s licenses. A Texas driver’s license holder is only required to notify DPS if the person changes address or seeks protection of personal information.9 43. Citizenship information is not updated by DPS until after the driver’s license holder brings the agency proof of U.S. citizenship; this can be years after the individual is naturalized and
3 37 Tex. Admin. Code § 15.24(1). 4 See Tex. Transp. Code Ann. § 521.041(a); see also 37 Tex. Admin. Code § 15.101 (DPS “is required by law to maintain records on licensed drivers.”). 5 See Tex. Transp. Code Ann. § 521.271. 6 Tex. Transp. Code Ann. § 521.271(a)(1). 7 Tex. Transp. Code Ann. § 521.271(a-2)-(a-4). 8 See Tex. Transp. Code Ann. § 521.1425(c)(2). 9 See Tex. Transp. Code Ann. § 521.054 (West)(a)-(b).
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registered to vote. Even if DPS updates its records to reflect the new U.S. citizenship of a driver’s license holder, DPS retains the information that the individual originally secured the driver’s license as a non-U.S. citizen. Naturalizations in Texas 44. Lawful permanent resident immigrants typically become eligible for naturalization in five years. The waiting period is four years for asylees who have permanent resident status and three years for spouses of U.S. citizens. Thus a typical permanent resident immigrant in Texas who obtains a six-year driver’s license will be eligible to become a U.S. citizen before that driver’s license expires. It may be several years between the time a new U.S. citizen registers to vote and the time she goes to DPS to renew her driver’s license and provide updated citizenship information. 45. According to the U.S. Department of Homeland Security, for fiscal year 2012 through fiscal year 2017, less than the time period of a standard driver’s license, over 340,000 individuals naturalized in Texas. An average of 58,092 individuals naturalized in Texas in each of those years. 46. The U.S. Department of Homeland Security also reported, for fiscal year 2012 through fiscal year 2017, that 47% of the immigrants naturalized in Texas were originally from the Latin American countries of Mexico, El Salvador, Guatemala, Honduras, Colombia, Cuba, Peru, and Venezuela. An additional 25% of the immigrants naturalized in Texas were from the Asian countries of China, South Korea, India, the Philippines, Bangladesh, Burma,, Iran, Iraq, Nepal, Pakistan and Vietnam.
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47. According to data from the United States Census Bureau, among Texas naturalized U.S. citizens, 51.7% are Latino and 28.8% are Asian. Only 11.6% of Texas naturalized citizens are non-Latino White.10
48. Both local election officials and non-profit organizations offer voter registration assistance to newly naturalized citizens outside of naturalization ceremonies. For example, the Harris County Voter Registrar routinely sends staff members to naturalization ceremonies in the Houston area to register new voters. In addition, naturalized voters in Texas may register to vote at the Texas Department of Public Safety, by mail, at the voter registrar’s office and at community events where voter registration is offered.
Latino Political Participation in Texas 49. In 2017, the Latino citizen voting age population of Texas was approximately 30%. 50. Among Texas Latinos who are eligible to vote (adult U.S. citizens), 17% are naturalized U.S. citizens. 51. In the 2018 midterm election, Texas Latino voters more than doubled their turnout when compared to the 2014 midterm elections. According to the Texas Legislative Council and Texas Secretary of State, in the 2014 midterm elections, 682,741 Latinos cast votes. In the 2018 midterm elections, 1,604,589 Latinos cast votes. 52. Compared with 2014, Texas Latinos increased their vote share in the 2018 midterm election by about 5%. According to the Texas Legislative Council and Texas Secretary of State, in 2014, Latinos cast 14.4% of all votes cast. In 2018, Latinos cast 19.1% of all votes cast.
10 American Community Survey FactFinder, Selected Characteristics of the Native and Foreign-Born Populations (Texas), United States Census Bureau (2017 5-year ACS data), available at https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=CF (accessed January 31, 2019).
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The Secretary of State’s List of “Possible Non U.S. Citizens” 53. On January 25, 2019, Defendant Whitley’s Director of Elections Keith Ingram released Election Advisory No. 2019-02 (“the Advisory”) to all voter registrars in Texas. The Advisory stated that the office of the Secretary of State, beginning the following day, would provide to Texas counties information about “individuals who provided documentation to DPS showing that the person is not a citizen of the United States during the process of obtaining or acquiring a Texas Driver License or Personal Identification Card from DPS.”11 54. The Advisory stated that the office of the Secretary of State had worked with DPS since March 2018 to “produce actionable information voter registrars” could use for voter list maintenance.12 While doing so, the Secretary of State claimed in the Advisory that his office “sought to create the strongest matching criteria that produces the least possible impact on eligible Texas voters while fulfilling the responsibility to manage the voter rolls,” in accordance with Section 18.0681 of the Texas Election Code.13 55. The Advisory stated that Defendant Whitley’s office limited the DPS data that it was going to produce to counties “to individuals who provided valid documents indicating the person is not a citizen of the United States at the time the person obtained a Driver License or Personal Identification Card.” (emphasis added).14
11 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019). 12 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019). 13 Id. The Election Code Section cited by the Advisory deals with “matching criteria” for potentially duplicate voter records, or voters who may “have more than one voter registration record on file.” Tex. Elec. Code Ann. § 18.0681(a). 14 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019).
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56. The Advisory stated: “Our office has obtained the preliminary data file for all current (unexpired) Driver License and Personal Identification cards that meet this criteria, and we will run that set of information tomorrow evening.”15
57. The Advisory anticipated that counties would be met with requests from the public for the lists of non-U.S. citizens but urged counties to contact their “local prosecutor and the attorney general, who have jurisdiction over such matters” if the counties received such requests.16
58. The Advisory claimed that the criteria used to match registered voters to driver’s license records are “some of the strongest possible matching criteria used” by the Secretary of State and advised that “the county may choose to investigate the voter, pursuant to Section 16.033, Election Code.” The Advisory also explained that if the list being sent by the office of the Secretary of State “provides the registrar with reason to believe the person is no longer eligible for registration . . . the registrar should send a Notice of Examination for Citizenship (Proof of Citizenship) (PDF) Letter.”17
59. The Advisory provided county registrars with instructions to send voters a form letter stating: “Your registration status is being investigated because there is reason to believe you may not be a United States citizen. . . You are now required to confirm your eligibility for registration by providing proof of citizenship to maintain your registration status. . . If
15 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019). 16 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019). 17 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019); see also “Notice to Registered Voter for Proof of Citizenship,” Texas Secretary of State, available at https://www.sos.state.tx.us/elections/forms/bw1-12.pdf (accessed January 31, 2019).
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you fail to provide this proof of citizenship within 30 days from the date of this letter, your voter registration will be cancelled.”18 60. Upon publishing its Advisory, the Texas Secretary of State’s office also published a news release on January 25, 2019 announcing that Defendant Whitley “issued an advisory to county voter registrars regarding voter registration list maintenance activities, which include identifying any non-U.S. citizens registered to vote in the State of Texas.”19 61. Defendant Whitley claimed that his office had “discovered that a total of approximately 95,000 individuals identified by DPS as non-U.S. citizens have a matching voter registration record in Texas, approximately 58,000 of whom have voted in one or more Texas elections.” The news release further emphasized that “[v]oting in an election in which the person knows he or she is not eligible to vote is a second-degree felony in the State of Texas” and declared that the office of the Secretary of State had “immediately provided the data in its possession to the Texas Attorney General's office, as the Secretary of State has no statutory enforcement authority to investigate or prosecute alleged illegal activity in connection with an election.”20 62. Defendant Whitley’s news release also stated that his office provided the information about potential non-U.S. citizen to counties “so that the county voter registrar can take action.”21 The news release declared that “[i]f a registered voter is identified as a non-U.S. citizen, he
18 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019); see also “Notice to Registered Voter for Proof of Citizenship,” Texas Secretary of State, available at https://www.sos.state.tx.us/elections/forms/bw1-12.pdf (accessed January 31, 2019). 19 Secretary Whitley Issues Advisory On Voter Registration List Maintenance Activity, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019). 20 Id. 21 Secretary Whitley Issues Advisory On Voter Registration List Maintenance Activity, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019).
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or she should receive a Notice of Examination (PDF) from the county voter registrar indicating that his or her registration status is being examined on the grounds that he or she is not a U.S. citizen.” (emphasis added).22 63. On the same day that Defendant Whitley issued his Advisory and news release, Defendant Attorney General Paxton issued a press release declaring “Texas Secretary of State’s Office Discovers Nearly 95,000 People Identified by DPS as Non-U.S. Citizens are Registered to Vote in Texas.” The news release referenced the Secretary of State’s press release and stated that every “instance of illegal voting threatens democracy in our state and deprives individual Texans of their voice.” Defendant Paxton further stated “My Election Fraud Unit stands ready to investigate and prosecute crimes against the democratic process when needed.”23 64. Also on January 25, 2019, Defendant Paxton tweeted: “VOTER FRAUD ALERT: The @TXsecofstate discovered approx 95,000 individuals identified by DPS as non-U.S. citizens have matching voter registration record in TX, approx 58,000 of whom have voted in TX elections. Any illegal vote deprives Americans of their voice.”24 65. Defendant Governor Abbott also tweeted on January 25, 2019: “Thanks to Attorney General Paxton and the Secretary of State for uncovering and investigating this illegal vote
22 Id 23 AG Paxton: Texas Secretary of State’s Office Discovers Nearly 95,000 People Identified by DPS as Non-U.S. Citizens are Registered to Vote in Texas, Ken Paxton, Attorney General of Texas (January 25, 2019), available at https://www.texasattorneygeneral.gov/news/releases/ag-paxton-texas-secretary-statesoffice-discovers-nearly-95000-people-identified-dps-non-us-citizens (accessed 31 Jan. 2019). 24 Ken Paxton (@KenPaxtonTX), Twitter (January 25, 2019, 12:37 PM), https://twitter.com/KenPaxtonTX/status/1088898595653386240.
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[sic] registration. I support prosecution where appropriate. The State will work on legislation to safeguard against these illegal practices. #txlege #tcot”25 66. On January 27, 2019, two days after Defendant Whitley’s office published its press release and Advisory, President Donald J. Trump announced on Twitter: “58,000 non-citizens voted in Texas, with 95,000 non-citizens registered to vote. These numbers are just the tip of the iceberg. All over the country, especially in California, voter fraud is rampant. Must be stopped. Strong voter ID!”26 67. The Secretary of State’s announcement, and subsequent public statements by the Texas Attorney General and Governor, quickly snowballed into news reports declaring that state officials had discovered thousands of non-U.S. citizens on the state’s voter rolls. 68. On January 25, 2019, local news station WFAA in Dallas reported, that “[a]bout 95,000 non-citizens are registered to vote in Texas, and more than half of those have cast ballots in at least one election, Texas Secretary of State David Whitley announced on Friday.” The outlet also reported that “[o]f he 95,000 non-citizens registered, 58,000 have voted in one or more elections since 1996.” 69. On January 26, 2019, Fox News reported that “Texas Attorney General Ken Paxton announced Friday that the state has discovered 95,000 non-citizens on the voter rolls going back to 1996, 58,000 of whom have voted in at least one Texas election.”
25 Greg Abbott (@GregAbbott_TX), Twitter, (January 25, 2019, 1:57 PM) https://twitter.com/GregAbbott_TX/status/1088918898643271680. 26 President Donald J. Trump (@realDonaldTrump), Twitter (January 27, 2019, 5:22 AM) https://twitter.com/realDonaldTrump/status/1089513936435716096.
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70. On January 31, 2019, a local television station in Laredo, Texas reported that “[t]he Webb County Elections Administration has received notice that there are over one-thousand noncitizen voters in the county.”27
71. On January 25, 2019, Breitbart News headlined “95K Noncitizens Registered to Vote in Texas, Say State Officials,” and stated that according to the Attorney General of Texas, the Secretary of State had “discovered troubling figures — roughly 95,000 individuals identified as non-U.S. citizens by the Texas Department of Public Safety (DPS) are registered to vote and, 58,000 of those, 61 percent, voted at least once.”
The Secretary of State’s Office Soon Advised Counties that its List is Flawed 72. The purpose of Defendant’s list of “Possible Non U.S. Citizens,” and the accompanying instructions to county voter registrars in Election Advisory No. 2019-02, is to create a program to systematically remove the names of individuals from the official list of eligible voters. 73. On January 28, 2019, the Monday following Defendant’s issuance of the Election Advisory and list of suspected non-U.S. citizen voters, Defendant Cheryl Johnson, the Galveston County tax assessor-collector, said she would immediately send out letters to the individuals on her list. Ms. Johnson claimed she was following state law by starting to send letters to the more than 830 people in Galveston County that the Secretary of State had flagged.28 Defendant Johnson proceeded to send letters to voters on the suspected nonU.S. citizen voter list that day.29
27 Non-citizen voter registration in Texas, KGNS-TV (January 31, 2019) https://www.kgns.tv/content/news/Non-citizen-voter-registration-in-Texas-505173711.html (accessed February 1, 2019). 28 Alexa Ura, Some Texas voters already are being asked to prove their citizenship after state's announcement, The Texas Tribune (January 28, 2019), available at
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74. The following day, Tuesday January 29, 2019, the Secretary of State’s office began to call
county voter registration officials to advise them that the information on the list of suspected non-U.S. citizen voters “may be flawed.”30 The Secretary of State’s office
further advised the counties “that some on the lists shouldn’t be there because they had
already proven their citizenship when they registered to vote at naturalization ceremonies or at a Texas Department of Public Safety office.”31
75. Cameron County Elections Administrator Remi Garza commented publicly that the
Secretary of State’s office gave Mr. Garza’s office information on January 29 “that
suggested the numbers they were originally provided ‘may have been overstated’ and that
‘individuals that had already provided proof of citizenship to the DPS office had been included in the original list provided to the county.’”32
https://www.texastribune.org/2019/01/28/some-texas-voters-are-already-being-asked-prove-theircitizenship-foll/ (accessed February 1, 2019). 29 Id. 30 James Barragán, Julieta Chiquillo, and Robert T. Garrett, Some names in list of 98,000 potential noncitizen voters included 'in error,' county officials say, citing state, Dallas News powered by the DallasMorning News (January 29, 2019), available at https://www.dallasnews.com/news/elections/2019/01/29/list-98000-potential-non-citizen-voters-mayoverstated-texas-secretary-state-tells-counties (accessed January 30, 2019); see also Alexa Ura, Texas quietly informs counties that some of the 95,000 voters flagged for citizenship review don't belong on the list, The Texas Tribune (January 29, 2019), available at https://www.texastribune.org/2019/01/29/texasvoter-citizenship-list-problems-state-tells-counties/ (accessed January 30, 2019). 31 See Guillermo Contreras and Dylan McGuinness, State hedges on claim that 100,000 Texas voters aren’t citizens, faces federal lawsuit, San Antonio Express-News (January 29, 2019), available at https://www.expressnews.com/news/local/article/LULAC-sues-Texas-over-witch-hunt-move-to13570848.php?utm_source=newsletter&utm_medium=email&utm_campaign=MySA_Daily_eEdition (accessed January 30, 2019). 32 James Barragán, Julieta Chiquillo, and Robert T. Garrett, Some names in list of 98,000 potential noncitizen voters included 'in error,' county officials say, citing state, Dallas News powered by the DallasMorning News (January 29, 2019), available at https://www.dallasnews.com/news/elections/2019/01/29/list-98000-potential-non-citizen-voters-mayoverstated-texas-secretary-state-tells-counties (accessed January 30, 2019)
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76. The Secretary of State’s office advised Cameron County on January 29 that “1,590
people[...]were wrongly on the list,” then later called Mr. Garza’s office to say that “the 1,590 figure was incorrect,” but gave no further information.33
77. Also on Tuesday January 29, the Secretary of State’s office contacted McLennan County’s Election Administrator Kathy Van Wolfe to tell Ms. Van Wolfe “to disregard the list.”34
Ms. Van Wolfe stated publicly that Defendant’s office told her that “[a]ll those people have proven citizenship.”35 By the afternoon of January 29, Hidalgo County elections
administrator Yvonne Ramón announced that she had “determined there were 100 duplicates” on the list sent to her by the Secretary of State’s office.36
78. Also on Tuesday January 29, the Travis County tax assessor-collector, Bruce Elfant, stated
publicly that his office was trying to organize a “jumble” of information it received on
4,500 voters into a usable format. Mr. Elfant further stated “I said to the secretary of
state’s office this morning, ‘It would have been nice if you sent it in a spreadsheet,’ [and]
they told me, ‘Well, we didn’t.’ A lot of things would have been nice, I guess.”37
33 Guillermo Contreras and Dylan McGuinness, State hedges on claim that 100,000 Texas voters aren’t citizens, faces federal lawsuit, San Antonio Express-News (January 29, 2019), available at https://www.expressnews.com/news/local/article/LULAC-sues-Texas-over-witch-hunt-move-to13570848.php?utm_source=newsletter&utm_medium=email&utm_campaign=MySA_Daily_eEdition (accessed January 30, 2019). 34 Cassie L. Smith, State: All 366 on local list of potential noncitizen voters are citizens, Waco TribuneHerald (January 31, 2019), available at https://www.wacotrib.com/news/elections/state-all-on-local-listof-potential-noncitizen-voters-are/article_20771942-538d-506d-bcad7e7ca79e261d.html?platform=hootsuite (accessed January 31, 2019). 35 Id. 36 Guillermo Contreras and Dylan McGuinness, State hedges on claim that 100,000 Texas voters aren’t citizens, faces federal lawsuit, San Antonio Express-News (January 29, 2019), available at https://www.expressnews.com/news/local/article/LULAC-sues-Texas-over-witch-hunt-move-to13570848.php?utm_source=newsletter&utm_medium=email&utm_campaign=MySA_Daily_eEdition (accessed January 30, 2019). 37 Liam Stack, Many Texas Voters Whose Citizenship Was Questioned Are in Fact Citizens, New York Times (January 29, 2019), available at https://www.nytimes.com/2019/01/29/us/texas-voter-citizenshiplist.html (accessed January 30, 2019).
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79. That same day, the Dallas County Elections Administrator Toni Pippins-Poole stated
publicly: “We received a call from the state saying we should put things on hold . . . Some
of the data that they received was flawed. Some of the voters had already provided proof of citizenship.”38
80. By Wednesday, January 30, 2019, Harris County had reported that 18,000 individuals on
the Secretary of State’s list of suspected non-U.S. citizen registrants had already been
identified as citizens and that Harris County expected more mistakes to be discovered.39
81. That same day, the McLennan County Elections Administrator announced that all 366
registered voters that the Secretary of State targeted for investigation in that county are
U.S. citizens.40
82. The Williamson County Election Administrator, who is also president of the Association of
Texas Elections Administrators, announced that more than half of the 2,033 voters on his county’s list were being removed after the Secretary of State’s revision.41
83. The Secretary of State’s office advised counties that its list of suspected non-U.S. citizen
registrants wrongly included U.S. citizens who had registered to vote after taking the oath
38 Paul Weber, Texas tells counties noncitizen voter report may be flawed, Associated Press (January 29, 2019), available at https://www.apnews.com/e959bf0789a94456918a93d43542505b (accessed February 1, 2019). 39 Associated Press, 18K Houston area voters removed from citizenship check, The Tribune (January 30, 2019) available at http://www.tribtown.com/2019/01/30/us-texas-voter-rolls-4/ (accessed January 31, 2019). 40 Cassie L. Smith, State: All 366 on local list of potential noncitizen voters are citizens, Waco TribuneHerald, (January 30, 2019) available at https://www.wacotrib.com/news/elections/state-all-on-local-listof-potential-noncitizen-voters-are/article_20771942-538d-506d-bcad-7e7ca79e261d.html (accessed February 1, 2019). 41 James Barragán, Robert T. Garrett, and Julieta Chiquillo, Tens of thousands removed from potential non-citizen voters list after counties find flawed data, Dallas Morning News (January 31, 2019), available at https://www.dallasnews.com/news/texas-politics/2019/01/30/tens-thousands-removed-potential-noncitizen-voters-list-after-counties-find-flawed-data (accessed February 1, 2019).
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of citizenship at naturalization ceremonies and who registered to vote at a visit to a DPS office after naturalization.42 84. As of this date, many if not all of the eligible voters erroneously identified as non-U.S. citizens by the Secretary of State are naturalized U.S. citizens. The Matching Procedure Employed by Defendant has and will Continue to Target Naturalized Citizens for Investigation and Removal from the Voter Rolls 85. The matching procedure used by Defendant Whitley to create his list of “Possible Non U.S. Citizens” relies on outdated and inaccurate records from DPS; the resulting list has erroneously identified numerous registered voters in Texas who are U.S. citizens who are properly registered to vote and who could be deprived of their right to vote in Defendants’ purge effort. 86. In preparing his list of “Possible Non U.S. Citizens,” Defendant Whitley performed the matching procedure on driver’s license records dating back to at least 1996.43 Thus, his list of suspected non-U.S. citizen voters includes immigrants who showed proof of authorized presence in the U.S. during the process of obtaining a driver’s license decades ago. Thousands of naturalized citizens who registered to vote are included on the Secretary of State’s list of suspected non-U.S. citizen voters. 87. The errors in Defendant’s matching procedure are systematic, predictable, and specific to foreign-born U.S. citizens.
42 See fn. 33, supra, and Phil Prazan, County officials: Texas non-citizen voter list is 'too big,' wrong, KXAN, (January 30, 2019) available at https://www.kxan.com/news/local/austin/county-officials-texasnon-citizen-voter-list-is-too-big-wrong/1737151727 (accessed February 1, 2019). 43 Gregg Re, List of 95K ineligible voters on the rolls may be overstated, Texas State Department suggests, FOX News (January 30, 2019) available at https://www.foxnews.com/politics/texas-stateofficials-suggest-report-of-95k-ineligible-voters-may-have-been-dramatically-overstated (accessed February 1, 2019).
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88. The matching procedure employed by Defendant Whitley will continue to identify
naturalized U.S. citizens as suspected non-U.S. citizens registered as voters. Defendant
Whitley’s press release stated:
Going forward, the Texas Secretary of State's office will use information it obtains from DPS on a monthly basis to crossreference with Texas' statewide voter registration database and match potential non-U.S. citizens who have registered to vote. Once a voter registration is identified as a match, the Texas Secretary of State's office will notify the county in which the person is registered so that the county voter registrar can take action.44
89. Thus Defendant Whitley’s matching procedure will flag, on a monthly basis, any new
registrants whose past driver’s license records show they were not U.S. citizens and send
those registrants’ names to the counties for investigation and possible removal from the
voter rolls. The matching procedure will flag, routinely and predictably, every newly
naturalized citizen who registers to vote and who already has a Texas driver’s license.45
Defendant will not Rescind the Advisory, Withdraw the Suspect Voter List, or Provide Written Guidance to Counties Regarding the Flaws in the Suspect Voter List
90. On January 31, 2019, former Texas Secretary of State Carlos Cascos, who was appointed
by and served two years under Governor Greg Abbott, commented publicly on list of
suspected non-U.S. voters: “I think they need to rescind it, do due diligence and make a
more accurate list.” He further recommended that the Secretary of State “contact everyone
and admit to it and say, ‘We made an honest mistake,’ and recompile the list.”46
44 Secretary Whitley Issues Advisory On Voter Registration List Maintenance Activity, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019). 45 Election Advisory No. 2019-02, Texas Secretary of State (January 25, 2019), available at https://www.sos.state.tx.us/elections/laws/advisory2019-02.shtml (accessed January 30, 2019). 46 Carlos Sanchez, Former Texas Secretary of State Believes Inaccurate Voting List Should Be Rescinded, Texas Monthly (January 31, 2019), available at https://www.texasmonthly.com/politics/former-texassecretary-of-state-believes-inaccurate-voting-list-should-be-rescinded/ (accessed January 31, 2019).
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91. Mr. Cascos also stated that he never went through the type of exercise that led to Defendant
Whitley’s list of suspected non-U.S. citizen voters: “To my knowledge, that did not occur
while I was in office [and] I never saw such a correlation [between DPS and voter role
databases]. That discussion never took place.”47
92. By contrast, when asked whether he thought the investigation process should stop after
local officials found serious issues with the list, Defendant Abbott responded “Listen, this
isn’t a hard and fast list”48 and further stated: “This is what we would categorize as a
process, a work in process . . . They will get it right.”49
93. Williamson County Elections Administrator Chris Davis, stated publicly in an email on
Tuesday January 29, 2019, that “Williamson County has also received NO written
instructions after yesterday morning’s call from the” Secretary’s office.50
94. On February 1, 2019, the Secretary of State’s office emailed the counties once again,
suggesting additional methods to investigate the citizenship of individuals on its list of suspected non-U.S. citizens, including contacting federal immigration authorities.51 The
Secretary of State’s email to the counties neither admitted that its list of suspected non-U.S.
47 Carlos Sanchez, Former Texas Secretary of State Believes Inaccurate Voting List Should Be Rescinded, Texas Monthly (January 31, 2019), available at https://www.texasmonthly.com/politics/former-texassecretary-of-state-believes-inaccurate-voting-list-should-be-rescinded/ (accessed January 31, 2019). 48 Id. 49 Ashley Lopez, Gov. Greg Abbott Says Alleged Noncitizen Voter Purge Is A 'Work In Process,' KUT (January 31, 2019), available at http://www.kut.org/post/gov-greg-abbott-says-alleged-noncitizen-voterpurge-work-process (accessed January 31, 2019). 50 James Barragan, Tens of Thousands removed from potential non-citizen voters list after counties find flawed data, Dallas News (January 31, 2019), available at https://www.dallasnews.com/news/texaspolitics/2019/01/30/tens-thousands-removed-potential-non-citizen-voters-list-after-counties-find-flaweddata (accessed February 1, 2019). 51 James Barragán and Julieta Chiquillo, Texas issues new guidelines for counties to probe whether noncitizens voted, Dallas Morning News (February 1, 2019), available at https://www.dallasnews.com/news/texas-politics/2019/02/01/texas-officials-issue-new-guidelinesinvestigation-whether-non-citizens-voted (accessed February 1, 2019).
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citizens was flawed nor suggested that counties refrain from investigating the names on the list until state officials could correct the list. 95. As of the filing of this complaint, Defendant Whitley has not: rescinded his list of suspected non-U.S. citizens; rescinded his Election Advisory; or made any public statement acknowledging that his list of suspected non-U.S. citizen voters is flawed and wrongly identified thousands of naturalized U.S. citizens. Other States’ use of Driver’s License Records to Identify Non-U.S. Citizens on Their Voter Rolls was Thoroughly Discredited Years ago 96. Similar attempts by other states to identify non-U.S. citizen voters from motor vehicles records have been widely discredited, leading to an embarrassing withdrawal of claims by state elections officials in Florida and Colorado. 97. In May 2012 the Florida Department of State launched a voter purge effort that originally identified 180,000 registered voters as potential non-U.S. citizens based on their driver’s license records. The Florida Department of State sent letters demanding proof of citizenship to 2,600 registered voters, a disproportionately high number of which were Latino.52 98. By September 2012, the Florida purge, which had faltered when county elections officials questioned the methodology, started up again, this time with a much smaller list of 198 registered voters.53 Ultimately, about 85 voters were removed from the rolls.54
52 Greg Allen, World War II Vet Caught Up In Florida's Voter Purge Controversy, NPR (May 31, 2012) available at https://www.npr.org/sections/itsallpolitics/2012/05/31/154020289/world-war-ii-vet-caughtup-in-floridas-voter-purge-controversy (accessed February 1, 2019); see also Janell Ross, Florida Voter Purge Will Continue, Defying Federal Warning, Huffington Post (June 2, 2012) available at https://www.huffingtonpost.com/2012/06/02/florida-voter-purge-federal-warning_n_1564131.html (accessed February 1, 2019). 53 Steve Bousquet, Fla. Gov. Rick Scott's voter purge efforts start anew, Tampa Bay Times (September 27, 2012) available at http://www.tampabay.com/news/politics/national/fla-gov-rick-scotts-voter-purgeefforts-start-anew/1253538 (accessed February 1, 2019)
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99. In Colorado, the Secretary of State launched a similarly flawed voter purge of alleged non-
U.S. citizens in 2012 that also dwindled to very small numbers. After claiming, based on
driver’s license records, that there were up to 11,000 non-U.S. citizens on the Colorado
voter rolls, and then sending almost 4,000 letters accusing individual registered voters of
non-U.S. citizenship, Colorado Secretary of State Scott Gessler admitted that he thought
141 voters were potentially non-U.S. citizens and that he could not confirm that any were non-U.S.-citizens before the General Election.55 Ultimately 14 of these voters were removed from the rolls; none had voted.56
Texas Voter Registration and Voter List Maintenance
100. In Texas, a “qualified voter” is a person who: is 18 years of age or older; is a United
States citizen; has not been determined by a final judgment of a court to be mentally
incapacitated without the right to vote; is not a felon who has not completed the sentence
associated with the felony; is a resident of Texas; and is registered to vote.57
101. A person seeking to register to vote in Texas must submit an application. The voter
registrant must complete the application, affirm that he or she is a U.S. citizen, and sign
below the statement: “I understand that giving false information to procure a voter
54 Steve Bousquet and Amy Sherman, Florida suspends non-citizen voter purge efforts, (March 27, 2014), available at https://www.miamiherald.com/news/politics-government/article2087729.html (accessed February 1 2019). 55 Scott Gessler, Colorado’s Secretary Of State, Asks 4,000 Registered Voters For Proof Of Citizenship, Huffington Post (August 17, 2012), available at https://www.huffingtonpost.com/2012/08/17/scottgessler-secretary-o_n_1796910.html (accessed February 1, 2019); Jordan Fabian, Voter Purging Resurfaces in Colorado, ABC News (October 24, 2019) available at https://abcnews.go.com/ABC_Univision/voter-purging-resurfaces-colorado/story?id=17552694 (accessed February 1, 2019). 56 Sam Levin, Out of fourteen illegal voters banned after Scott Gessler’s campaign, how many voted? Zero Westword (October 12, 2012) available at https://www.westword.com/news/out-of-fourteen-illegalvoters-banned-after-scott-gesslers-campaign-how-many-voted-zero-5868036 (accessed February 1, 2019). 57 Tex. Elec. Code Ann. § 11.002(a); see also Tex. Elec. Code Ann. § 13.001(a).
29

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 30 of 36
registration is perjury, and a crime under state and federal law. Conviction of this crime may result in imprisonment up to 180 days, a fine up to $2,000, or both.”58 102. In Texas counties, the “county tax assessor-collector is the voter registrar for the county unless the position of county elections administrator is created or the county clerk is designated as the voter registrar.”59 103. The Texas Election Code authorizes the voter registrar to cancel a voter registration immediately upon notice that the voter has moved outside the county, registered to vote outside the county, died, been adjudicated mentally incompetent or been convicted of a felony.60 104. In addition to the grounds for immediate cancellation, the Texas Election Code authorizes a voter registrar who has reason to believe that a voter has become ineligible to send a notice to the voter indicating that the voter's registration status is under investigation by the registrar and the voter must provide proof of eligibility within 30 days.61 105. With respect to a voter’s citizenship, the Texas Election Code only requires voter registrars to send a notice requiring proof of U.S. citizenship if the registrar has received information that the voter was excused or disqualified from jury service because of citizenship status.62 The Texas Secretary of State provides quarterly reports to inform county registrars of any registered voters who have been excused or disqualified from jury service because the voter is not a U.S. citizen.63
58 See Tex. Elec. Code Ann. § 13.002(a)-(c) and the Texas voter registration form, available at https://www.sos.state.tx.us/elections/forms/vr-with-receipt.pdf. 59 See Tex. Elec. Code Ann. § 12.001. 60 See Tex. Elec. Code § 16.031 (listing reasons for which registrars may immediately cancel registration). 61 See Tex. Elec. Code § 16.033. 62 See Tex. Elec. Code § 16.0332(a). 63 See Tex. Elec. Code § 18.068.
30

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 31 of 36
CAUSES OF ACTION COUNT 1
(Violation of the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution)
106. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 107. Section 1 of the Fourteenth Amendment provides: “All persons born or naturalized in the
United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. . . . No State shall . . . deny to any person within its jurisdiction the equal protection of the laws.” 108. Defendants violate the Fourteenth Amendment because they deny to Plaintiffs, who are naturalized citizens of the United States, equal protection of the laws through Defendants’ imposition of additional requirements to register to vote and to maintain voter registration that Defendants do not impose on native-born citizens. Defendants have no compelling interest in imposing such burdens and the procedures used by Defendants are not narrowly tailored. 109. Defendants’ violation caused and will cause harm to Plaintiffs.
COUNT 2 (Violation of Sec. 2 of the Voting Rights Act, 52 U.S.C. § 10301) 110. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 111. Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, provides: “No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or
31

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 32 of 36
abridgement of the right of any citizen of the United States to vote on account of race or color, or [membership in a language minority group].” 112. Defendants violate Section 2 of the Voting Rights Act by imposing a voting qualification or prerequisite to voting or standard, practice, or procedure through the additional requirements Defendants impose on Plaintiffs and other Latino naturalized citizens prior to such persons exercising their right to vote. Defendants’ imposition of such additional requirements purposefully abridges and denies the right to vote of Plaintiffs, and the populations served by Plaintiff organizations, on account of their race, color or membership in a language minority group. 113. Defendants’ requirements will disproportionately and negatively affect Latinos, including Plaintiffs, because the Latino population in Texas has a higher ratio of naturalized citizens to native-born citizens when compared to the non-Latino population. Defendants’ imposition of such additional requirements will result in denial and abridgment of the right to vote of Plaintiffs, and the populations served by Plaintiff organizations on account of their race, color or membership in a language minority group by making the political processes leading to nomination or election in Texas not equally open to participation by Latinos. 114. Defendants’ violation caused and will cause harm to Plaintiffs.
COUNT 3 (Violation of Voting Rights Act, 52 U.S.C. § 10101) 115. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 116. The Voting Rights Act, 52 U.S.C. § 10101(a)(2), provides: “(2) No person acting under color of law shall [] in determining whether any individual is qualified under State law or
32

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 33 of 36
laws to vote in any election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote.” 117. Defendants violate the Voting Rights Act, 52 U.S.C. § 10101 because, under color of law, they impose additional requirements and procedures to prove eligibility to vote upon Plaintiffs and the populations served by Plaintiff organizations that they do not impose on other individuals that have been found by state officials to be qualified to vote. Defendants impose additional requirements and procedures to prove eligibility to vote because of Plaintiffs’ race, color or national origin. 118. Defendants’ violation caused and will cause harm to Plaintiffs.
COUNT 4 (Violation of 42 U.S.C. § 1985, Conspiracy to interfere with civil rights) 119. Plaintiffs incorporate by reference the allegations in all preceding paragraphs. 120. 42 U.S.C. § 1985(3) provides: “If two or more persons in any State or Territory conspire . . . for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector[. . .] [I]n any case of conspiracy set forth in this section, if one or more persons
33

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 34 of 36
engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is . . . deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.” 121. Defendants Abbott, Paxton, and Whitley violate § 1985(3) because they conspired to deny, on the basis of race and national origin, Plaintiffs and the populations served by Plaintiff organizations the equal protection of the laws as detailed above in Count 1 and to deny Plaintiffs’ rights under the federal Voting Rights Act. 122. Defendants Abbott, Paxton, and Whitley additionally violated § 1985(3) because they conspired to prevent Plaintiffs and the populations served by Plaintiff organizations from exercising their right to vote in federal elections by intimidation and threats. Such intimidation and threats included the Election Advisory, release of lists of suspect voters to counties, and public statements that Plaintiffs’ past and future action to register to vote and to vote amounts to voter fraud. 123. Defendants’ violation caused and will cause harm to Plaintiffs.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs respectfully request that this Court:
(a) Declare that Defendants’ actions described herein violate Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution; Section 2 of the Voting Rights Act, 52 U.S. § 10301; 52 U.S. § 10101; and 42 U.S.C. §1985(3);
34

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 35 of 36
(b) Enjoin Defendants, and all others acting in concert with them, from obtaining, disclosing, or using for any matter of voter registration, the administration of elections, or investigations regarding eligibility to vote, any records maintained by the Texas Department of Public Safety showing non-U.S. citizenship prior to the date of voter registration;
(c) Enjoin Defendants, and all others acting in concert with them, from investigating or instructing any other person or entity to investigate the eligibility to vote of any person identified through records obtained from the Texas Department of Public Safety that show non-U.S. citizenship prior to the date of voter registration;
(d) Enjoin Defendants, and all others acting in concert with them, from issuing or instructing any other person or entity to issue a letter, notice, or advisory (including Notices of Examination) regarding any matter of voter registration, the administration of elections, or eligibility to vote based on records maintained by the Texas Department of Public Safety showing non-U.S. citizenship of a voter prior to the date of voter registration.
(e) Order Defendant Johnson to refrain from cancelling, and/or to reinstate the voter registration of any voter following investigation into eligibility to vote based on records maintained by the Texas Department of Public Safety showing non-U.S. citizenship prior to the date of voter registration;
(f) Award Plaintiffs damages in a sum to be determined by the Court; (g) Award Plaintiffs’ attorney fees and costs incurred in this action under 42 U.S.C. §§ 1988,
52 U.S.C.A. § 10310, and any other applicable law; (h) Grant such other and further relief as may be deemed just and proper.
35

Case 5:19-cv-00159-FB Document 1 Filed 02/02/19 Page 36 of 36

Dated: February 1, 2019

Respectfully Submitted,
MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND By: /s/ Nina Perales Nina Perales (Tex. Bar No. 24005046); Attorney-in-Charge Ernest I. Herrera (Tex. Bar No. 24094718) (SD of Tex. Bar No. 2867694) *Alejandra Ávila (Tex. Bar No. 24089252) (SD of Tex. Bar No. 2677912) 110 Broadway, Suite 300 San Antonio, Texas 78205 Phone: (210) 224-5476 Facsimile: (210) 224-5382 Email: nperales@maldef.org (*Pro Hac Vice application pending)
Attorneys for Plaintiffs

36

 
 JS 44 (Rev. 06/17)

Case 5:19-cv-0017C1-IFVBILDCocOuVmEenRt 1SHFEileEdT02/04/19 Page 1 of 4

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

(See Attached)

(See Attached)

(b) County of Residence of First Listed Plaintiff Bexar
(EXCEPT IN U.S. PLAINTIFF CASES)
(c) Attorneys (Firm Name, Address, and Telephone Number) (See Attached)

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

’ 1 U.S. Government Plaintiff

’ 3 Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

’ 1 ’ 1 Incorporated or Principal Place

’ 4 ’4

of Business In This State

’ 2 U.S. Government Defendant

’ 4 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another State

’ 2 ’ 2 Incorporated and Principal Place of Business In Another State

’ 5 ’5

Citizen or Subject of a Foreign Country

’ 3 ’ 3 Foreign Nation

’ 6 ’6

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT

TORTS

FORFEITURE/PENALTY

Click here for: Nature of Suit Code Descriptions.

BANKRUPTCY

OTHER STATUTES

’ 110 Insurance

PERSONAL INJURY

PERSONAL INJURY ’ 625 Drug Related Seizure

’ 422 Appeal 28 USC 158

’ 120 Marine

’ 310 Airplane

’ 130 Miller Act

’ 315 Airplane Product

’ 140 Negotiable Instrument

Liability

’ 150 Recovery of Overpayment ’ 320 Assault, Libel &

& Enforcement of Judgment

Slander

’ 151 Medicare Act

’ 330 Federal Employers’

’ 152 Recovery of Defaulted

Liability

Student Loans

’ 340 Marine

(Excludes Veterans)

’ 345 Marine Product

’ 365 Personal Injury Product Liability
’ 367 Health Care/ Pharmaceutical Personal Injury Product Liability
’ 368 Asbestos Personal Injury Product Liability

of Property 21 USC 881 ’ 423 Withdrawal

’ 690 Other

28 USC 157

PROPERTY RIGHTS ’ 820 Copyrights ’ 830 Patent ’ 835 Patent - Abbreviated
New Drug Application ’ 840 Trademark

’ 153 Recovery of Overpayment
of Veteran’s Benefits ’ 160 Stockholders’ Suits ’ 190 Other Contract

Liability ’ 350 Motor Vehicle ’ 355 Motor Vehicle
Product Liability

PERSONAL PROPERTY

LABOR

’ 370 Other Fraud

’ 710 Fair Labor Standards

’ 371 Truth in Lending

Act

’ 380 Other Personal

’ 720 Labor/Management

SOCIAL SECURITY ’ 861 HIA (1395ff) ’ 862 Black Lung (923) ’ 863 DIWC/DIWW (405(g))

’ 195 Contract Product Liability ’ 196 Franchise

’ 360 Other Personal
Injury ’ 362 Personal Injury -

Property Damage ’ 385 Property Damage
Product Liability

Relations ’ 740 Railway Labor Act ’ 751 Family and Medical

’ 864 SSID Title XVI ’ 865 RSI (405(g))

Medical Malpractice

Leave Act

REAL PROPERTY

CIVIL RIGHTS

PRISONER PETITIONS ’ 790 Other Labor Litigation

FEDERAL TAX SUITS

’ 210 Land Condemnation

’ 440 Other Civil Rights

Habeas Corpus:

’ 791 Employee Retirement

’ 870 Taxes (U.S. Plaintiff

’ 220 Foreclosure

’ 441 Voting

’ 463 Alien Detainee

Income Security Act

or Defendant)

’ 230 Rent Lease & Ejectment ’ 240 Torts to Land ’ 245 Tort Product Liability ’ 290 All Other Real Property

’ 442 Employment

’ 510 Motions to Vacate

’ 443 Housing/

Sentence

Accommodations

’ 530 General

’ 445 Amer. w/Disabilities - ’ 535 Death Penalty

IMMIGRATION

’ 871 IRS—Third Party 26 USC 7609

Employment

Other:

’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other

Other

’ 550 Civil Rights

’ 448 Education

’ 555 Prison Condition

’ 560 Civil Detainee -

’ 462 Naturalization Application ’ 465 Other Immigration
Actions

Conditions of

Confinement

’ 375 False Claims Act ’ 376 Qui Tam (31 USC
3729(a)) ’ 400 State Reapportionment ’ 410 Antitrust ’ 430 Banks and Banking ’ 450 Commerce ’ 460 Deportation ’ 470 Racketeer Influenced and
Corrupt Organizations ’ 480 Consumer Credit ’ 490 Cable/Sat TV ’ 850 Securities/Commodities/
Exchange ’ 890 Other Statutory Actions ’ 891 Agricultural Acts ’ 893 Environmental Matters ’ 895 Freedom of Information
Act
’ 896 Arbitration ’ 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision ’ 950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)

’ 1 Original

’ 2 Removed from

Proceeding

State Court

’ 3 Remanded from Appellate Court

’ 4 Reinstated or ’ 5 Transferred from

Reopened

Another District

(specify)

’ 6 Multidistrict Litigation Transfer

’ 8 Multidistrict Litigation Direct File

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI.

CAUSE OF ACTION

First Amendment, Fourteenth Amendment, Voting Rights Act 52 U.S.C. § 10301
Brief description of cause:

Violation of voting rights

VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION

DEMAND $

CHECK YES only if demanded in complaint:

COMPLAINT:

UNDER RULE 23, F.R.Cv.P.

JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S)

IF ANY

(See instructions):
JUDGE

DOCKET NUMBER

DATE
02/04/2019
FOR OFFICE USE ONLY

SIGNATURE OF ATTORNEY OF RECORD
/s/ Andre Segura

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

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Case 5:19-cv-00171-FB Document 1 Filed 02/04/19 Page 2 of 4
I. (a) Plaintiffs
MOVE Texas Civic Fund; JOLT Initiative; League of Women Voters of Texas; and Texas State Conference of NAACP Units
I. (c) Plaintiffs’ Counsel
Andre Segura (Attorney-in-Charge) Texas Bar No. 24107112 S.D. Tex. Bar No. 3123385 Thomas Buser-Clancy Texas Bar No. 24078344 S.D. Tex. Bar No. 1671940 Edgar Saldivar Texas Bar No. 24038188 S.D. Tex. Bar No. 618958 Brian Klosterboer Texas Bar No. 24107833 S.D. Tex. Bar No. 3314357 American Civil Liberties Union Foundation of Texas P.O. Box 8306 Houston, TX 77288 Telephone: (713) 325-7011 Fax: (713) 942-8966 asegura@aclutx.org tbuser-clancy@aclutx.org esaldivar@acluttx.org bklosterboer@aclutx.org
Mimi Marziani** Texas Bar No. 24091906 Rebecca Harrison Stevens Texas Bar No. 24065381 Joaquin Gonzalez** Texas Bar No. 24109935 Texas Civil Rights Project 1405 Montopolis Drive Austin, TX 78741-3438 Telephone: (512) 474-5073 mimi@texascivilrightsproject.org beth@texascivilrightsproject.org joaquin@texascivilrightsproject.org

Case 5:19-cv-00171-FB Document 1 Filed 02/04/19 Page 3 of 4
Chiraag Bains** † Massachusetts Bar No. 673627 Dēmos 740 6th Street NW, 2nd Floor Washington, DC 20001 Telephone: (202) 864-2746 cbains@demos.org
Stuart C. Naifeh** California Bar No. 233295 Brenda Wright** New York Bar No. 1863240 Dēmos 80 Broad Street, 4th Floor New York, NY 10004 Telephone: (212) 485-6055 Fax: (212) 633-2015 snaifeh@demos.org bwright@demos.org
Jon Greenbaum** D.C. Bar No. 489887 Ezra D. Rosenberg** D.C. Bar No. 360927 Brendan B. Downes** D.C. Bar No. 187888 Lawyers’ Committee for Civil Rights Under Law 1500 K Street NW, Suite 900 Washington, D.C. 20005 Telephone: (202) 662-8600 Facsimile: (202) 783-0857 jgreenbaum@lawyerscommittee.org erosenberg@lawyerscommittee.org bdownes@lawyerscommittee.org
Sophia Lin Lakin** NY Bar No. 5182076 Dale E. Ho** NY Bar No. 4445326 American Civil Liberties Union 125 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 519-7836 Fax: (212) 549-2654 slakin@aclu.org dho@aclu.org

Case 5:19-cv-00171-FB Document 1 Filed 02/04/19 Page 4 of 4
ATTORNEYS FOR PLAINTIFFS ** Pro hac vice application forthcoming † Admitted in Massachusetts, not D.C.; practice consistent with D.C. App. R. 49(c)(3).
I. (a) Defendants
DAVID WHITLEY, Texas Secretary of State, in his official capacity;
KEITH INGRAM, Texas Director of Elections, in his official capacity:
CHERYL JOHNSON, Voter Registrar for Galveston County, in her official capacity;
PAMELA OHLENDORF, Elections Administrator for Caldwell County, in her official capacity;
KIRSTEN SPIES, Tax Assessor and Voter Registrar for Blanco County, in her official capacity;
TERRI HEFNER, Elections Administrator for Fayette County, in her official capacity;
BETH ROTHERMEL, County Clerk and Voter Registrar for Washington County, in her official capacity.

 
 Case 5:19-cv-00074-FB Document 61 Filed 02/27/19 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
TEXAS LEAGUE OF UNITED LATIN AMERICAN CITIZENS, ET AL.,

HLED
FEB 27 2019
CLET) DISTRICT CLERK
BYgij ESTERt'ST1r uF T

Plaintiffs,
V.

CIVIL ACTION NO. SA-19-CA-074-FB

DAVID WHITLEY, in his Official Capacity as Secretary of State for the State of Texas; ETAL.,

Defendants.

Before the Court are a number of preliminary issues related to protecting the integrity of the election process and ensuring the Equal Protection of the laws for all Texans. There is unanimity
among the parties, counsel and the Court that non-American citizens are ineligible to vote. The evidence has shown in a hearing before this Court that there is no widespread voter fraud.
The challenge is how to ferret the infinitesimal needles out of the haystack of 15 million Texas voters. The Secretary of State through his dedicated employees, beginning in February 2018, made a good faith effort to transition from a passive process of finding ineligible voters through the jury selection system in each county to a proactive process using tens of thousands of Department of Public Safety driver
license records matched with voter registration records. Notwithstanding good intentions, the road to a solution was inherently paved with flawed results, meaning perfectly legal naturalized Americans were burdened with what the Court finds to be ham-handed and threatening correspondence from the state which did not politely ask for information but rather exemplifies the power of government to strike fear and anxiety and to intimidate the least powerful among us.' See Attachment A (TX-LULAC
'Boustani v. Blackwell, 460 F. Supp. 2d 822, 827 (N.D. Ohio 2006) (Boyko, J.) ("This Court has personally presided over numerous naturalization ceremonies and has witnessed firsthand the joy of these new Americans and their intense desire to participate in this nation's democratic process. There is no such thing as a second-class citizen

Case 5:19-cv-00074-FB Document 61 Filed 02/27/19 Page 2 of 4
Exhibit 4). No native born Americans were subjected to such treatment. See U.S. CONST. amend XIV,
§ 1 ("[N]or shall any State. . . deny to any person within its jurisdiction the equal protection of the laws."). Out of 98,000 new American voters on the list, thus far approximately 80 have been identified as being ineligible to vote.2 Almost immediately upon sending the list, the government had an "oops" moment, realizing that 25,000 names should not have been included. It appears this is a solution looking for a problem. Indeed, Secretary of State Whitley has accepted responsibility and apologized for the failure to seek confirmation of the accuracy, appropriateness, competency and due diligence of the process before the rollout. Though promising more transparency, the Secretary has resisted plaintiffs' legal concerns as opposed to entering into an agreed solution precluding further fear and intimidation. See Attachment B (TX-LULAC Exhibit 54); see also United States v. Florida, 870 F. Supp. 2d 1346, 1347, 1348 (N.D. Fla. 2012) (Hinkle, J.) (explaining that Florida election officials identified only "a small number" of ineligible voters from Secretary of State's list of "180,000 registered voters who he said might be noncitizens").3 The Florida program, similar in nature to Texas, was ultimately abandoned by the state. Florida, 870 F. Supp. 2d at 1350-51. Here, for the local
officials responsible for implementing the program, it was not a Henry David Thoreau moment
or a second-class American. Frankly, without naturalized citizens, there would be no America. It is shameful to
imagine that this statute is an example of how the State of Ohio says thank you to those who helped build this
country."). I concur. (Biery, J.). 2The Bard might say this is much ado about nothing. WILLIAM SHAKESPEARE, MucH ADO ABOUT
NOTHING, act 3, sc. 1. On the other hand, for the people who perceive discriminatory impact, it is much ado about their constitutionally protected rights.
3As plaintiffs' counsel stated at the preliminary injunction hearing, "[ojn the Florida case,. . . they started at 180,000 identified voters in that state, and by the time they went through all the sifting, they ended up with 85" people who were ineligible to vote. (Docket no. 57, at page 52, lines 12-20); see also Editor's Note on Nov. 12, 2018 to Story Published in May 2012, https://www.nbcmiami.com/news/local (last visited Feb. 26, 2019) (explaining that Florida election documents show that initial list of 180,000 names was whittled to only 85 ineligible voters).
-2-

Case 5:19-cv-00074-FB Document 61 Filed 02/27/19 Page 3 of 4
("Simplify, simplify.").4 Rather, the Court heard compelling evidence concerning confusing and
contradictory communications from the Secretary of State. While the Court awaits proposed findings of fact and conclusions of law regarding the
preliminary injunction issues, the Court is prepared to address some issues. Defendants Whitley and Paxton have moved to dismiss, alleging the Court has no jurisdiction
and plaintiffs have failed to state a claim. To the extent defendants rely upon state statutes in support of the jurisdictional motion, the Court holds that the United States Constitution trumps state law in appropriate circumstances, this being one. Moreover, given the highly credible evidence presented by plaintiffs, the Court finds overwhelmingly that claims for reliefhave been properly stated. Accordingly, defendants' motion to dismiss (docket no. 20) is DENIED.
Plaintiffs have also sued Attorney General Paxton, whose only involvement shown thus far is a press release, which the Court finds arguably vituperative in tone but nevertheless states the Attorney General's authority and, therefore, without further proof is within his First Amendment right to free speech. See Attachment C (TX-LULAC Exhibit 3). Clearly, this statement is not yelling fire in a crowded theater and therefore not subject to being censured.5 While the Court would prefer that political rhetoric be newtralized to more civil discourse, Article III of the Constitution bestows no power on the federal judiciary to make wishes come true. Accordingly, plaintiffs' request for relief regarding the press release is DENIED.
The Court awaits final advice from the individual counties which are parties concerning whether
they will agree to pause the process, particularly not sending any notice of examination letters without
4HENRY D. THOREAU, WALDEN 91 (J. Lyndon Shanley ed., Princeton Univ. Press 1971) (1854). 5As Justice Oliver Wendell Holmes, Jr. stated in Schenck v. United States, 249 U.S. 47, 52 (1919): "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."
-3-

Case 5:19-cv-00074-FB Document 61 Filed 02/27/19 Page 4 of 4

prior approval ofthe Court. Local officials can continue to find out ifin fact someone is registered who

is not a citizen, so long as it is done without communicating directly with any particular individual on

the list. In addition, local officials are ORDERED not to remove any person from the current voter

registration list until authorized by this Court. As to the first rollout of 98,000, the Secretary of State

is ORDERED to tell other counties which are not parties to this litigation, or party counties which will

not agree to a pause, not to send any notice of examination letters nor remove voters from registration

without prior approval of the Court with a conclusive showing that the person is ineligible to vote.

With reference to the new lists being prepared based on contemporaneous applications for driver

licenses and applications to register to vote, the Secretary of State may proceed with the monthly

rollouts. However, the Secretary of State is affirmatively ORDERED to advise and direct local voting

officials not to send notice of examination letters nor remove voters from registration without prior

approval of the Court.

The Court further finds and concludes the Secretary of State, though perhaps unintentionally,

created this mess. As Robert Fuighum taught in All IReally Need to Know ILearned in Kindergarten,

"always put things back where we found them and clean[J up our own messes." ROBERT FULGHUM,

ALL I REALLY NEED TO KNOW I LEARNED IN KINDERGARTEN: UNCOMMON THOUGHTS ON COMMON

THINGS (Villard Books 1986).

IT IS SO ORDERED.

this7 SIGNED

day of February, 2019.

DIJUDGE FRED BIERY
UNITED STATES
El

 
 Case 5:19-cv-00074-FB Document 131 Filed 03/27/19 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

FILED
MAR 27 2019

TEXAS LEAGUE OF UNITED LATIN AMERICAN CITIZENS, ET AL.,

Plaintiffs,

V.

CIVIL ACTION NO. SA-19-CA-074-FB

DAVID WHITLEY, in his Official Capacity as Secretary of State for the State of Texas; ET AL.,

Defendants.

ORDER GRANTING MOTION TO DISMISS AS TO DEFENDANT PAXTON

Before the Court is Defendants' Motion to Dismiss Under Rules 12(b)(1) and 12(b)(6) filed by

defendants David Whitley and Ken Paxton. (Docket no. 20). As the Court noted in its original Order,

the Attorney General is only being sued for making an alleged intimidating press release. See (Docket

no. 61 at page 3). Politicians have been making threatening statements since the early days of the

Republic exercising their First Amendment rights. Accordingly, the motion to dismiss (docket no. 20)

is GRANTED as to defendant Paxton.

It isso ORDERED.

SIGNED this

I day of March, 2019.

FRED BIERY
UNITED STATES DIST IuefDGE

 
 Case 5:19-cv-00074-FB Document 132 Filed 03/27/19 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION

FILED
MAR 27 2019

TEXAS LEAGUE OF UNITED LATIN AMERICAN CITIZENS, ET AL.,

CLERK, U. . DSTRCT CLERK

Plaintiffs,

V.

CIVIL ACTION NO. SA-19-CA-074-FB

DAVID WHITLEY, in his Official Capacity as Secretary of State for the State of Texas; ETAL.,

Defendants.

ORDER AND ADVISORY

Before the Court is the motion to dismiss (docket no. 81) alleging that the counties only act upon

the direction of the Secretary of State, following what the counties perceive to be orders. On the other

hand, the Secretary of State has consistently taken the position that his statutory authority is limited to

advisories to county election officials. If either interpretation is accepted, the county administrators are

those who would send what plaintiffs assert are inaccurate correspondence leading to improper

intimidation of eligible voters. Accordingly, the 12(b)(6) motion to dismiss (docket no. 81) is DENIED.

The Court is sympathetic to the counties' concerns about the extraordinary, and in the Court's

opinion unnecessary, expense and time caused by the flawed program executed by the Secretary of State's

office. Accordingly, the Court would be open to a proposal from the county defendants agreeing not to

send notice of examination letters without conclusive evidence that the recipient is indeed a non-citizen

registered voter based on an investigation that does not include contact with the individual. Were such

a proposal forthcoming, the Court would reconsider whether the counties need to continue being a party

to this lawsuit.

It is so ORDERED.

SIGNED this

7 day of March, 2019.

IRED BIERY
UNITED STATES D

CT JUDGE