IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

BETHZAIDA DELGADO,

)

)

NAACP-NEW ENGLAND AREA

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CONFERENCE, and

)

)

NEW ENGLAND UNITED FOR JUSTICE, )

)

Plaintiffs,

)

)

v.

)

) CIVIL ACTION NO.

WILLIAM F. GALVIN,

)

in his official capacity as Secretary of the

) _____________________________

Commonwealth of Massachusetts,

)

)

JUDYANN BIGBY, M.D.,

) COMPLAINT

in her official capacity as Secretary of the

)

Executive Office of Health and Human

)

Services, and

)

)

DANIEL J. CURLEY,

)

in his official capacity as Commissioner of the )

Department of Transitional Assistance,

)

)

)

Defendants.

)

)

Plaintiffs Bethzaida Delgado, NAACP-New England Area Conference (“NAACPNEAC”), and New England United for Justice (“NEU4J”), for their Complaint against defendants William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts, JudyAnn Bigby, M.D., in her official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”), and Daniel J. Curley, in his official capacity as Commissioner of the Department of Transitional Assistance (“DTA”), allege as follows.

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INTRODUCTION The right to vote is a fundamental right. Deprivations of that right undermine the American democratic system of government. Unfortunately, flawed practices and policies, insufficient oversight and inadequate enforcement in crucial parts of Massachusetts’ voter registration system have deprived the right to vote to tens of thousands of low income Massachusetts citizens who receive public assistance. For several years, Massachusetts has violated the National Voter Registration Act of 1993 (“NVRA”). The NVRA was enacted, with widespread bipartisan support in Congress, to, inter alia, make voter registration more widely available and accessible to the poor. 42 U.S.C. § 1973gg(b)(1). Section 7 designates all public assistance offices as voter registration agencies. Id. § 1973gg-5(a)(2)(A). Under the NVRA, public assistance offices must provide voter registration services with each application, recertification, renewal, or change of address. Id. § 1973gg-5(a)(6)(A). Specifically, the NVRA requires that all public assistance offices distribute forms that ask their clients if they would like to register to vote and, unless the client declines to register to vote in writing, the NVRA requires that the offices distribute voter registration applications, referred to in Massachusetts as “affidavits,” assist clients in completing the voter registration applications, and accept completed applications and deliver them to election authorities. Id. § 1973gg-5(a)(6)(B). Section 7 seeks to increase the number of registered voters for federal elections and to ensure that voter registration “will be convenient and readily available [for] the poor . . . who do not have driver’s licenses and will not come into contact with the other principle [sic] place to

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register under this Act [namely, motor vehicle departments].” Id. §1973gg(b)(1); H.R. Rep. No. 103-66, at 15 (1993) (House-Senate Conference Report).
“[N]oncompliance with section 7 [of the NVRA] means the disenfranchisement of millions of low income citizens and a widening of the gap between the registration rates of highand low-income individuals.” Hearing on the National Voter Registration Act, Section 7: The Challenges that Public Assistance Agencies Face, 110th CONG., 2d Sess. 42-796 (2008) (United States Representative Zoe Lofgren, former Chairwoman of the House Subcommittee on Elections). In fact, as a direct result of non-compliance with Section 7, thousands of low income citizens have been disenfranchised in Massachusetts. Massachusetts’ systemic violations of Section 7 -- caused by flawed practices and policies, insufficient oversight and inadequate enforcement -- have contributed to an obvious income-based “voter registration gap.” According to the United States Census Bureau’s Current Population Survey released in November 2010, in 2010, only 58.2% of Massachusetts’ eligible citizens living in a household with a yearly income of less than $25,000 were registered to vote, as compared to 76.9% of eligible citizens living in a household with a yearly income of more than $100,000 – a “voter registration gap” of 18.7%. Based on the same Current Population Survey for the 2008 presidential election year, 86.1% of Massachusetts’ eligible affluent citizens were registered to vote, that is, approximately 10% more than in 2010; but the voter registration rate for low income eligible citizens in 2008 was actually lower than in 2010, 58.1%. These “voter registration gaps” reveal the disenfranchisement of tens of thousands of eligible low income Massachusetts citizens.
But for plaintiffs’ substantial investigative efforts and commencement of this action, Massachusetts’ violations may have remained hidden and unaddressed. Data obtained from offices of the Massachusetts Department of Transitional Assistance (“DTA”) suggest that, in

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2011, at least 94.2% of their clients were not provided the voter registration services mandated by Section 7 of the NVRA because they purportedly identified themselves as registered voters. Given the Census Bureau’s voter registration data, the statistical probability that over 94% of DTA clients are registered voters is essentially zero. DTA has recorded similarly incredible percentages of low income voter registrations every year since 2005.
Moreover, the sad truth is that Massachusetts’ NVRA violations are apparently increasing over time. For example, according to statistics reported to the federal government by Massachusetts, Massachusetts public assistance offices submitted 26,984 voter registration applications in 1999-2000. Federal Election Commission, The Impact of The National Voter Registration Act of 1993 on the Administration of Elections for Federal Office, 1999-2000 Table 2, 6 (2001). Ten years later, in 2009-2010, again according to statistics reported to the U.S. Election Assistance Commission by Massachusetts, the number of voter registration applications submitted by Massachusetts public assistance offices had decreased to 2,007 – a reduction of 92.5%. U.S. Election Assistance Commission, 2010 Election Administration & Voting Survey: Massachusetts Response (2011) (Obtained through Public Records Request, on file with Ropes & Gray LLP).
Clearly, widespread systemic violations of the NVRA have prevented tens of thousands of eligible low income Massachusetts citizens from exercising their right to vote in federal elections. Despite these obvious violations, defendants have made little effort to investigate the violations or to develop and implement practices and policies to bring Massachusetts into compliance with the NVRA.
As a direct result of defendants’ violations of Section 7 of the NVRA, eligible citizens such as plaintiff Bethzaida Delgado have been denied the opportunity to register to vote and have

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thereby been deprived the right to vote. To address defendants’ chronic violations, organizations such as plaintiffs NEU4J and NAACP-NEAC and their members have expended and will continue to expend substantial resources to plan and execute voter registration initiatives that target public assistance clients. But for defendants’ violations, organizations such as plaintiffs NEU4J and NAACP-NEAC would not have diverted their limited resources to such voter registration initiatives.
Plaintiffs bring this action for declaratory and injunctive relief, asking this Court to order defendants to comply with Section 7 of the NVRA. Because the deadline to register for the 2012 federal election is October 17, 2012, plaintiffs seek preliminary injunctive relief, asking this Court to order defendants to immediately develop and implement remedial practices and policies to ensure compliance with the NVRA well in advance of that registration deadline.
Simply stated, plaintiffs ask this Court to order defendants to meet their responsibilities under the NVRA and to assist tens of thousands of eligible but unregistered low income Massachusetts citizens in registering to vote so that they can exercise one of their most fundamental rights and participate in our democratic system.
JURISDICTION AND VENUE (1) This action is brought pursuant to 42 U.S.C. § 1973gg-9(b). (2) This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a). (3) This Court has personal jurisdiction over each defendant because each is a citizen of the Commonwealth of Massachusetts.

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(4) Venue in this district is proper pursuant to 28 U.S.C. § 1391 because a substantial part of the events giving rise to the claims occurred in this district and the principal place of business of each defendant is in this district.
(5) As described in detail below, an actual and justiciable controversy exists between plaintiffs and defendants.

PARTIES (6) Plaintiff Bethzaida Delgado is a Massachusetts citizen who resides at 277 East Merrimack Street, Lowell, Massachusetts. Ms. Delgado is eligible to register to vote in Massachusetts. She has not been registered to vote at her current address nor at any other address in Massachusetts. Ms. Delgado receives Supplemental Nutrition Assistance Program (“SNAP”) benefits, which are administered by the DTA. Ms. Delgado also receives Medicaid, which is implemented in Massachusetts through the MassHealth program (“MassHealth”). MassHealth is administered by the EOHHS; applications for MassHealth benefits, as well as assistance related to the receipt of benefits, is available at, among others, DTA offices. Ms. Delgado first applied for MassHealth benefits from the DTA office located at 131 Davidson Street, Lowell, Massachusetts. She has subsequently renewed or recertified her MassHealth benefits through the MassHealth enrollment center located at 367 East Street, Tewksbury, Massachusetts. On June 24, 2011, Ms. Delgado visited the DTA office located at 131 Davidson Street, Lowell, Massachusetts, to recertify her eligibility for SNAP benefits. During that visit, she was not offered the opportunity to register to vote or to change her voter registration address. Ms. Delgado has been receiving SNAP and MassHealth benefits for the past ten years and has previously received cash assistance. She cannot recall ever being offered the

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opportunity to register to vote during a visit to a DTA office or through any of her interactions with MassHealth enrollment centers.
(7) Plaintiff NAACP-NEAC is an organization under the umbrella of the National Association for the Advancement of Colored People, with its principal place of business in Boston, Massachusetts. NAACP-NEAC operates through more than twenty Units – Branches, College Chapters, and Youth Councils – including at least fifteen Branches located throughout Massachusetts. It provides services to more than two thousand members, including members who have applied and/or may apply for, and/or receive and/or may receive, public assistance benefits in Massachusetts, including SNAP, Transitional Aid to Families with Dependent Children (“TAFDC”), Emergency Aid to the Elderly, Disabled, and Children (“EAEDC”), and MassHealth.
Voter registration and education are core components of NAACP-NEAC’s mission and are central to the accomplishment of its objectives. Among other things, NAACP-NEAC Branches encourage voter registration and participation in federal and other elections, especially among people of color, and disenfranchised and low income citizens, and have expended, and continue to expend, substantial resources conducting voter registration drives throughout Massachusetts. NAACP-NEAC’s voter registration efforts target voters in low income neighborhoods, including registration of persons who apply for and/or receive public assistance benefits. In 2011, as one of its highest priorities, NAACP-NEAC commenced a campaign in Massachusetts named “This is My Vote,” with voter registration, voter education, and get-outthe-vote activities planned throughout 2011 and 2012.
As a direct result of defendants’ violations of Section 7 of the NVRA, NAACP-NEAC has sent volunteers to assist people with voter registration and voter education who should have

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been offered those services by defendants. If defendants provided NVRA-mandated voter registration services, NAACP-NEAC could reallocate its volunteers to other activities, including issue-based campaigns, youth programs, collaborative community actions with other organizations, voter protection efforts, and large-scale voter registration drives that broadly target many persons, including persons that Section 7 of the NVRA is not designed to cover.
(8) Plaintiff New England United for Justice (“NEU4J”) is a nonprofit membershipbased community organization with its principal place of business at 196 Adams Street, Boston, Massachusetts. NEU4J has more than 280 members, including members who have applied for and/or will apply for, and/or receive and/or will receive public assistance benefits in Massachusetts, including SNAP, TAFDC, EAEDC, and MassHealth. NEU4J encourages voter registration and participation in federal, state, and city elections, which are core components of its mission and central to the accomplishment of its objectives, particularly among citizens of color and low income citizens. NEU4J has expended, and continues to expend, substantial resources in conducting voter registration drives throughout Boston. Its current voter registration efforts target voters in low income neighborhoods, including the registration of persons who apply for and/or receive public assistance benefits.
In addition, after completing interviews of individuals visiting DTA offices, which revealed that numerous DTA clients were not receiving NVRA-mandated voter registration forms and assistance, NEU4J has decided that it will devote additional resources to register DTA clients to vote. These efforts divert NEU4J’s limited resources from other activities, including voter mobilization and get-out-the-vote efforts, door-to-door canvassing, candidate forums, neighborhood development efforts, community actions with other organizations, leadership trainings, and voter registration drives in areas to register persons the NVRA is not designed to

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cover. This diversion of resources would not be necessary if defendants complied with the voter registration assistance requirements mandated by the NVRA.
(9) Defendant William F. Galvin is the Secretary of the Commonwealth of Massachusetts. Mr. Galvin is the chief election official in Massachusetts and is responsible for conducting and overseeing federal elections. In his official capacity, among other things, Mr. Galvin promulgates regulations; issues directives and advisories regarding procedures for conducting federal elections; prescribes voter registration forms and makes them available for distribution; establishes and maintains statewide qualified voter files; develops and implements rules, practices and policies to enforce laws governing federal elections; investigates, or causes to be investigated, compliance with governing election laws; and is responsible for ensuring compliance with the NVRA. He is the “chief election official” responsible for coordination of Massachusetts’ responsibilities under the NVRA.
(10) Defendant JudyAnn Bigby, M.D., is the Secretary of the Executive Office of Health and Human Services (“EOHHS”). The EOHHS administers the following public assistance programs: SNAP, EAEDC, MassHealth, and TAFDC (which receives funding from the federal Temporary Assistance for Needy Families (“TANF”) block grant program). Any state office that administers these programs must comply with the requirements of the NVRA. Pursuant to Massachusetts law, EOHHS is the “single state agency” responsible for the administration of MassHealth. See M.G.L.A. 118E § 1.
(11) Defendant Daniel J. Curley is the Commissioner of the Department of Transitional Assistance (“DTA”), which Massachusetts has designated as a voter registration agency pursuant to the NVRA. The DTA, a Department within the EOHHS, administers SNAP, EAEDC, MassHealth, and TAFDC. In its administration of these programs, DTA must comply

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with the requirements of the NVRA. In addition, on information and belief, pursuant to Massachusetts law, DTA is the “single state agency” responsible for the administration of SNAP, EAEDC, and TAFDC. See 106 CMR 701.100.

FACTUAL ALLEGATIONS

National Voter Registration Act of 1993 (12) The National Voter Registration Act of 1993 (“NVRA”), 42 U.S.C. § 1973gg et seq., has as its principal purpose “establish[ing] procedures that will increase the number of eligible citizens who register to vote in elections for Federal office.” Id. § 1973gg(b)(1). (13) In furtherance of that principal purpose, the NVRA mandates, among other things, that “each state shall designate as voter registration agencies -- (A) all offices in the state that provide public assistance.” 42 U.S.C. § 1973gg-5(a)(2). (14) At each voter registration agency, Section 7 of the NVRA requires that “the following services shall be made available: (i) Distribution of mail voter registration application forms . . . (ii) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance. (iii) Acceptance of completed voter registration application forms for transmittal to the appropriate State election official.” 42 U.S.C. § 1973gg-5(a)(4)(A); id. § 1973gg-5(a)(6). Completed voter registration applications must be “transmitted to the appropriate State election official not later than 10 days after the date of acceptance,” id. § 1973gg-5(d)(1), or within 5 days, if accepted “5 days before the last day for registration to vote in an election,” id. § 1973gg-5(d)(2). These services must be offered by all public assistance offices “with each application for . . . [public] assistance, and with each

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recertification, renewal, or change of address form relating to . . . [public] assistance.” Id. § 1973gg-5(a)(6).
(15) Section 7 of the NVRA also requires all public assistance offices to distribute with each application for services, and with each recertification or renewal, and with each change of address form, a voter preference form, sometimes called a “declination form.” The voter preference form provides specific information to clients regarding the voter registration process and asks, “[i]f you are not registered to vote where you live now, would you like to apply to register to vote here today?” The specific information on the voter preference form includes, for example, an explanation that the decision to register to vote will not affect eligibility for public assistance or the amount of benefits. Id. § 1973gg-5(a)(6)(B)(ii).
(16) The public assistance agency must provide that client with “the same degree of assistance with regard to the completion of the registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance.” Id. § 1973gg-5(a)(6)(C).
(17) The NVRA requires that “[e]ach State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State responsibilities” under the NVRA. 42 U.S.C. § 1973gg-8. As previously noted, in Massachusetts, the “chief State election official” is defendant Galvin, the Secretary of the Commonwealth.
(18) The NVRA creates a private right of action for “a person who is aggrieved by a violation” of the NVRA. 42 U.S.C. § 1973gg-9(b)(1). The NVRA requires that, at least 90 days prior to bringing an action to enforce the NVRA, an aggrieved person must give written notice to the “chief State election official” to identify the violation(s) and to provide the State with an opportunity to cure the violation(s) prior to the commencement of an action.

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Massachusetts Voter Registration Regulations (19) Massachusetts has adopted regulations (950 CMR 57) to implement the NVRA. (20) 950 CMR 57 states, in part, that it “implements the federal National Voter Registration Act, 42 U.S.C. 1973gg to 1973gg-10.” 950 CMR 57.01. It also states that one of the purposes of the regulations is to “increase the number of eligible citizens who register to vote.” Id. (21) 950 CMR 57.05 requires the Commonwealth to provide voter registration services at designated voter registration agencies. A voter registration agency is defined to include agencies that administer or provide services under the Food Stamp (i.e., SNAP), Medicaid (i.e., MassHealth), EAEDC, and Aid to Families with Dependent Children (i.e., TAFDC) programs. 950 CMR 57.02. (22) 950 CMR 57.05 also requires the Commonwealth to facilitate voter registration. For example, it states that the Secretary of the Commonwealth “shall prepare blank forms for affidavits of voter registration and shall supply sufficient quantities of such forms to each voter registration agency.” 950 CMR 57.05(1)(a). Further, the Secretary “shall prepare voter registration declination forms and shall supply such forms in quantities the state secretary deems sufficient.” 950 CMR 57.05(1)(b). (23) A voter registration application, or “affidavit,” must be distributed with each application for service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance. 950 CMR 57.05(2)(b). Whether an applicant for services or assistance declines to register to vote, or chooses to register to vote, a voter preference form, or “declination form,” must be signed by the applicant and retained by the voter registration agency. 950 CMR 57.05(2)(c), (d). Further, the agency “shall provide the registrant

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with the same level of assistance in filling out the voter registration [application] as is provided by the agency in completing its own forms.” 950 CMR 57.05(2)(f).
(24) Each voter registration agency must “mail or deliver the original completed affidavit of voter registration to the board of registrars of voters of the city or town where the registrant resides within five days after it is completed by the registrant at the agency.” 950 CMR 57.05(3)(a).
Failure to Offer Voter Registration Opportunities to Public Assistance Agency Clients. (25) Massachusetts must comply with the requirements of the NVRA. (26) Defendant Galvin, as Secretary of the Commonwealth, is the chief election
official responsible for ensuring Massachusetts’ compliance with the NVRA. Among other things, Mr. Galvin is responsible for ensuring that voter registration agencies, including offices through which persons apply for, recertify, renew, or change their addresses for public assistance benefits, including SNAP, TAFDC, EAEDC, and MassHealth, provide the voter registration services mandated by Section 7 of the NVRA.
(27) EOHHS and DTA are state agencies responsible for the administration of public assistance in Massachusetts, including, but not limited to, the administration of SNAP, TAFDC, EAEDC, and MassHealth. DTA and EOHHS are voter registration agencies under Section 7 of the NVRA, as recognized by the implementing Code of Massachusetts Regulations, 950 CMR 57.02(1)(b), because they administer or provide services under the SNAP, MassHealth, EAEDC and TAFDC programs. Defendant Bigby, as Secretary of EOHHS, and defendant Curley, as Commissioner of DTA, are State officials responsible for ensuring that voter registration materials and services mandated by Section 7 of the NVRA are made available through the public assistance programs offered by EOHHS and DTA, respectively.

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(28) Defendants have violated Section 7 of the NVRA by failing to provide persons who apply, recertify, renew, or change their addresses in connection with public assistance benefits with a voter registration application, a voter preference form, and assistance in completing a voter registration application. These failures also violate Massachusetts regulations implementing the NVRA. 950 CMR 57.
(29) United States Census Bureau data strongly suggests that Massachusetts public assistance offices are not performing their voter registration obligations under the NVRA. According to the November 2008 United States Census Bureau Current Population Survey, in 2008, only 58.1% of low income eligible Massachusetts citizens were registered to vote compared to 86.1% affluent Massachusetts eligible citizens, an income-based “voter registration gap” of 18%. In 2010, according to the November 2010 edition of the same Survey, 58.2% of low income eligible Massachusetts citizens were registered to vote compared to 76.9% affluent Massachusetts eligible citizens, an income-based “voter registration gap” of over 18%.
(30) Available reports of NVRA public assistance office voter registration data do not indicate that Massachusetts public assistance offices comply with NVRA requirements. Massachusetts is required, pursuant to federal regulations, see, e.g., 11 C.F.R. § 9428.7, to report voter registration data, including numbers of voter registration applications submitted by voter registration agencies, to the U.S. Election Assistance Commission (“EAC”). Massachusetts submitted certain information to the EAC in 2010. However, information regarding voter registration applications, including those from public assistance offices, was submitted in an unusable format and was therefore not included in the EAC’s annual NVRA reports. U.S. Election Assistance Commission, The Impact of The National Voter Registration Act of 1993 on the Administration of Elections for Federal Office, 2009-2010 39 (2011). More specifically,

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Massachusetts did not aggregate the number of voter registration applications received from public assistance offices, making it prohibitively burdensome for the EAC to analyze the information submitted by Massachusetts. U.S. Election Assistance Commission, 2010 Election Administration & Voting Survey: Massachusetts Response (2011) (Obtained through Public Records Request, on file with Ropes & Gray LLP). As a result, the EAC’s 2010 annual report to Congress did not include information regarding Massachusetts’ compliance with Section 7. U.S. Election Assistance Commission, The Impact of The National Voter Registration Act of 1993 on the Administration of Elections for Federal Office, 2009-2010 (2011).
(31) Moreover, data produced by the DTA itself, in response to a Public Records Act Request by plaintiffs’ counsel, confirm that public assistance offices are not providing voter registration services required by the NVRA. A comparison of the number of persons registering to vote through DTA offices with the number of persons receiving SNAP benefits demonstrates that those offices are not complying with the requirements of the NVRA. As indicated in the chart below, for the past seven years, significantly fewer than 1% of the DTA’s SNAP clients have submitted voter registration applications to DTA offices.

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Voter Registration
(“VR”) Applications Year Submitted

2005

748

2006

871

2007

901

2008

1252

2009

764

2010

516

2011

570

SNAP Applications Submitted
214,855 157, 646 168, 316 219,592 269,022 239,795 240,149

Ratio of VR to SNAP
Apps (%) 0.34%
0.55%
0.55%
0.57%
0.28%
0.22%
0.24%

(32) The DTA’s non-compliance with the NVRA is also shown by its own computerized client survey records. For the past seven years (2005-2011), DTA has utilized a computerized process, known as BEACON, to process benefits-related transactions. As designed and intended, under BEACON, DTA personnel cannot complete a client’s application, recertification or renewal, or change of address, without inputting the answer to the question, is “everyone 18 or older in [the] Assistance Unit who is a U.S. citizen and a Massachusetts resident currently registered to vote at your current address,”1 and, if the answer to that question is that an eligible resident within the Assistance Unit is not registered to vote, without also inputting the answer to whether any such person wishes to register to vote.

1 Upon information and belief, DTA recently reworded this question to ask whether there is “anyone 18 or older who is currently NOT registered to vote at your current address.” Upon information and belief, DTA has made no other changes to the BEACON computerized process.

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There is a “hard stop” step in the computer program which must be completed before the computerized process will proceed. For each of the past seven years, according to data produced in response to the Public Records Act Request, BEACON has reported that over 94% of all DTA clients have answered that everyone 18 or older in their home is registered to vote. In other words, notwithstanding the fact that, according to the United States Census Bureau 2010 survey, only 58.2% of eligible Massachusetts low income citizens were registered to vote, the BEACON DTA data suggest that over 94% of DTA clients are registered voters. Given the Census Bureau data, the statistical probability that over 94% of DTA clients were registered voters is essentially zero.
(33) Upon information and belief, it is far more likely that DTA personnel have proceeded past the “hard stop” step in the BEACON computer program by inputting an answer in response to the voter registration question without actually asking the client the voter registration question; by answering that a client is already registered when he or she fails to answer the question; and/or by failing to explain the voter registration question when “assisting” a client in completing benefits forms.
(34) The same DTA BEACON data also indicate that DTA offices are not distributing voter registration applications or voter preference forms to all clients, as required by the NVRA. Public assistance agencies are required to distribute a voter preference form with each application for service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance. 42 U.S.C. § 1973gg-5(a)(6)(A). Public assistance agencies are further required to distribute a voter registration application “unless the applicant, in writing, declines to register to vote.” Id. at § 1973gg-5(a)(6). DTA’s data show that when the first BEACON question response is inputted as “everyone in the client’s home is already

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registered to vote,” not only is no voter registration application distributed, but also no voter preference form is completed. In other words, based on the DTA data produced, DTA personnel have failed to distribute voter registration applications to 94% of its clients even though no voter preference form containing a written declination was completed.
(35) DTA is further required by the NVRA, as implemented by 950 CMR 57.05(2), to preserve voter preference forms. Specifically, “[i]f the applicant declines to register to vote, the declination form shall be signed by the applicant, and retained by the registration agency.” 950 CMR 57.05(2)(c). The suspect nature of the DTA’s BEACON system and DTA’s apparent noncompliance with NVRA requirements are further evidenced by the revelation that, according to DTA 2011 records, not a single DTA client who had responded that he or she was already registered to vote completed a voter preference form that was retained by a DTA office.
(36) Between May and December 2011, NEU4J visited DTA offices in Boston, Holyoke, Lawrence, Lowell, Springfield, Worcester, Pittsfield, and Fitchburg, and spoke to office personnel, as well as individuals leaving those offices who had visited to apply for, recertify, renew, or change their address in connection with SNAP, EAEDC, TAFDC, or MassHealth benefits. Information compiled during these visits confirm widespread violations of Section 7 of the NVRA. Specific violations at DTA offices include:
(i) Failure to offer voter registration opportunities. Of the 174 public assistance clients interviewed, 129, or 73%, reported that they received no offer of voter registration in any manner. They did not see any voter registration question on any DTA forms; they were not asked by any DTA personnel about voter registration; they were not offered a voter registration application; and they were given no assistance whatsoever in registering to vote.

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(ii) Failure to distribute voter registration applications. As previously noted, the NVRA requires public assistance offices to distribute voter registration applications to each client unless he or she completes a written declination of his or her right to register to vote. 42 U.S.C. § 1973gg-5(a)(6)(A). Similarly, pursuant to Massachusetts regulation, 950 CMR 57.05(2)(c), “[i]f the applicant declines to register to vote, the declination form shall be signed by the applicant, and retained by the registration agency.” By definition, a failure to provide a response to the written voter preference form is not a statement “in writing” that satisfies an agency’s obligation to provide a voter registration application. Of the 146 interviewed clients who did not provide a response to the NVRA-mandated voter registration question – either because they did not see the question or because they left it blank – 140 (approximately 95%) were not provided with a voter registration application.
(iii) Failure to keep voter registration applications and materials in supply and generally available. The failure to stock voter registration materials also suggests broader non-compliance with Section 7 of the NVRA and 950 CMR 57.05(1)(a) and (b). For example, although the Elections Director of the Secretary of the Commonwealth has asserted (in a letter to plaintiffs’ counsel dated March 6, 2012) that the Secretary of the Commonwealth has always made posters regarding violations of election laws/penalties and “register to vote here” signs available to all public assistance offices, no signs or posters were observed at any of the DTA offices visited. Similarly, although the Secretary has purportedly always made voter registration applications and

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mail-in voter registration applications available to all public assistance offices in multiple languages, in only one DTA office of the nine visited were voter registration applications – in any language – observed at the office intake counter. (37) The NVRA (42 U.S.C. § 1973gg-5(a)(6)) requires that public assistance offices designated as voter registration agencies “distribute with each application for such service or assistance, and with each recertification, renewal, or change of address form,” a voter registration application and a voter preference form. Significantly, “Virtual Gateway,” an online portal operated by the EOHHS that provides information about a broad range of social services for low income persons, including food stamps and Medicaid, offers no voter registration information. Because a Massachusetts citizen can apply for public assistance through “Virtual Gateway,” it triggers the requirements of the NVRA. And, upon information and belief, while this online registration system requests an applicant’s personal information (including age and citizenship status), it does not ask about voter eligibility or registration status. Voter registration is neither available through “Virtual Gateway” menu options, nor is it listed among its index of available services. Defendants’ failure to provide voter registration applications and voter preference forms through “Virtual Gateway” is symptomatic of Massachusetts’ systemic noncompliance with the NVRA. (38) Defendants’ widespread violations of the NVRA and disregard for voter registration rights of public assistance clients is remarkable given the Massachusetts Constitution’s guarantee of the right to vote to every citizen of the Commonwealth of Massachusetts. Mass. Const. pt. 1, art. IX. The Massachusetts Supreme Judicial Court has long recognized that being left off voter registration rolls deprives one of the right to vote and is a

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violation of the Massachusetts Constitution. Santana v. Registrars of Voters of Worcester, 384 Mass. 487, 492 (1981); Lincoln v. Hapgood, 11 Mass. 350, 355 (1814). Defendants’ failure to comply with the requirements of the NVRA prevents tens of thousands of low income Massachusetts citizens from registering to vote, and so prevents them from exercising their right to vote.
(39) On December 8, 2011, a letter was sent to defendant Galvin, on behalf of “New England United for Justice, persons eligible to register to vote that it represents, and others similarly situated,” to “provide written notice of the violation [of Section 7 of the NVRA] to the chief election official of the State,” as required by the NVRA. 42 U.S.C. § 1973gg-9. The notice stated that, unless Massachusetts implemented a plan to remedy the violations of the NVRA within 90 days, NEU4J would commence litigation. (A copy of the December 8, 2011 notice letter is attached hereto as Exhibit A.) Defendants Bigby and Curley were sent a copy of the notice on the same day. The violations of the NVRA described in the notice letter have not been remedied.
(40) On February 9, 2012, representatives of plaintiffs met with representatives from, among others, the offices of the Secretary of the Commonwealth, EOHHS, and DTA to discuss Massachusetts’ NVRA violations. At the conclusion of that meeting, all attendees agreed to reconvene for additional discussions two weeks later, on February 22, 2012. On February 17, 2012, however, defendants’ representatives unilaterally cancelled the second meeting and refused to conduct any further discussions before the 90-day deadline, opting instead to provide a written response to the December 8, 2011 notice letter.
(41) On March 6, 2012, the Elections Director of the Secretary of the Commonwealth sent a response letter to plaintiffs’ representatives. That letter describes a single change in policy

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by the Secretary. Previously, public assistance offices were directed not to provide a voter registration application to any client who left the voter registration question on the voter preference form blank, a clear violation of NVRA requirements. The Elections Director’s letter states that, going forward, public assistance offices would be directed to provide a voter registration application to any client who does not provide a written declination of the opportunity to register to vote – as has always been required by the NVRA. While this change in policy, reportedly to be accompanied by planned updates to the “Agency Voter Registration Workbook” and the “Agency Script,” is clearly necessary to comply with the NVRA, the March 6, 2012 letter is silent regarding how the policy change would be implemented or enforced.
The Elections Director’s letter states that the policy change was communicated to public assistance agencies in March of 2012. However, such a communication, standing alone, does nothing to ensure that the policy change is implemented by agency personnel. Given the historical policies and practices of these agencies to provide a voter registration application if and only if a client answered the voter registration question affirmatively – that is, specifically stating in writing on the voter preference form that he or she would like to register to vote – the Secretary’s change in policy – unaccompanied by any implementation or enforcement procedures – does not remedy Massachusetts’ violations of Section 7 of the NVRA.
(42) The March 6, 2012 letter fails to mention any other change in policy or procedure to ensure that voter registration applications and materials would be distributed and displayed; or to ensure that voter registration services would be provided to public assistance agency clients. Throughout her letter, the Elections Director simply summarizes requirements of the NVRA, without offering any evidence that the voter registration agencies have adopted practices and policies that satisfy those requirements. By way of example only, the Elections Director writes

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that “[p]ursuant to the NVRA, as well as state law and regulations promulgated by the Secretary of the Commonwealth . . . the declination form must be distributed with each application for service or assistance, recertification, renewal, or change of address.” That is indeed a correct statement of federal and state law. However, there is no evidence that, for example, supervision and oversight of compliance with this legal requirement has been initiated, or that enforcement procedures have been implemented. Similarly, the Elections Director writes that “[t]he same level of assistance must be provided in completing the voter registration form as is provided by the agency in completing its own forms, unless the registrant refuses assistance.” This is essentially a quotation of 950 CMR § 57.05(2)(e). However, the letter provides no information regarding whether this legal requirement has been followed; overseen through regular supervision; or enforced through compliance procedures. Such empty recitations of law appear throughout the response letter.
(43) In addition, many of the practices described in the March 6, 2012 letter have been required throughout the many years of Massachusetts’ violations of Section 7 of the NVRA. While certain of these practices may be necessary to ensure compliance with the requirements of the NVRA, they have proven to be woefully inadequate without additional policies, practices and procedures. For example, the Elections Director notes that, in terms of staffing, Massachusetts has “maintained a NVRA coordinator in the Elections Division” since the NVRA’s enactment in 1993. The NVRA coordinator has purportedly “[c]onsistently . . . met with agency contacts to provide information and training on the NVRA and to address any issues that arise.” In addition, according to the Elections Director, the Secretary’s office “has always made itself available to conduct trainings for any agency.” While laudable, these practices alone have obviously not prevented Massachusetts’ systemic violations of the NVRA. There is no reason to believe that

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they will be effective in the future. For example, there is no commitment or directive that there will be regular meetings with agency officials; that such meetings will focus on affirmative steps to achieve compliance with the NVRA; or that procedures will be developed and implemented to oversee and enforce compliance with the NVRA. Similarly, although the Secretary’s Office claims to be preparing a PowerPoint training module that will be made available to all public assistance agencies, there is no explanation regarding what NVRA content would be covered; no explanation of when or how the module would be made available or distributed to agencies; and no explanation of how the module would be incorporated into the agencies’ regular training.
(44) With respect to DTA in particular, the March 6, 2012 response letter again cites to existing and demonstrably inadequate practices. For example, the Elections Director notes that DTA “has had and continues to have a designated NVRA Coordinator on staff.” While this is a necessary requirement to ensure compliance with the NVRA, the letter provides no information regarding how the Coordinator oversees NVRA compliance or addresses evidence of noncompliance.
DTA’s BEACON computerized system is yet another example of an obviously inadequate part of a compliance system. The March 6, 2012 letter notes that BEACON “requires that all the appropriate voter registration questions be asked for its benefit program applicants/participants,” and that the computer program includes a “hard stop” that prevents a DTA client from completing a benefits application without first answering the NVRA-required voter registration questions. But, as previously noted, the incredible data reported by DTA indicate that DTA personnel are more than likely bypassing this “hard stop” by inputting “answers” without actually asking the clients the question. If the voter registration questions are not asked and voter preference forms are not distributed, any change in policy regarding voter

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preference form blanks is irrelevant. The Executive Director notes that the BEACON system can identify DTA public assistance offices with low voter registration rates, but goes no further. Without additional training, supervision, oversight and enforcement procedures to ensure that DTA personnel follow the updated BEACON Users’ Guide and BEACON Help Instructions, the BEACON’s “hard-stop” step and data do nothing to ensure that DTA personnel will offer and provide NVRA-mandated services.
Planned DTA changes, although desirable, are inadequate unless implemented and enforced. For example, the Executive Director’s March 6, 2012 letter states that DTA “will . . . designate a local office manager, who will see that voter registration procedures are being met, forms are available and posters posted,” but offers no details, for example, on when the manager would be selected or how the manager will enforce compliance with NVRA requirements. It similarly notes that DTA “is increasing its monitoring of NVRA activities during this election year and will work to address any issues that are identified in 2012 and subsequent years,” which suggests that no additional changes are contemplated until after the 2012 federal elections.
(45) Furthermore, even if defendants were now to adopt and fully implement the practices and policies described in the March 6, 2012 letter, much more is needed to remedy Massachusetts’ woeful history of violations. For several years, defendants have either disregarded or ignored the precipitous decline in voter registrations reported by public assistance offices. Over the years, Massachusetts’ violations of Section 7 of the NVRA have directly caused tens of thousands of eligible low income citizens to lose their right to register to vote, and, as a direct result, they have been disenfranchised. To remedy these violations and to provide eligible low income Massachusetts citizens opportunities to exercise their right to

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register to vote in time for the fast-approaching 2012 federal election, preliminary injunctive relief is needed.
Plaintiff Bethzaida Delgado Is Denied the Opportunity to Register to Vote. (46) Plaintiff Bethzaida Delgado is 35 years old and has lived in Massachusetts for over 12 years. Ms. Delgado is a United States citizen. She satisfies all qualifications to register to vote in Massachusetts. (47) Ms. Delgado is not registered to vote at her current address, and would like to register to vote at her current address. (48) Ms. Delgado has received SNAP and MassHealth benefits since approximately 2002 and received cash assistance in 2006 and 2007 following an automobile accident. In connection with her application and receipt of public assistance, she has visited the DTA office at 131 Davidson Street, Lowell, Massachusetts, many times to recertify or to renew her benefits. She first applied for MassHealth benefits at the Lowell DTA office. Ms. Delgado has subsequently recertified or renewed her MassHealth benefits through the MassHealth enrollment center located at 367 East Street, Tewksbury, Massachusetts. (49) Ms. Delgado visited the DTA office at 131 Davidson Street, in Lowell, Massachusetts, on June 24, 2011, to recertify her SNAP benefits. She was not offered the opportunity to register to vote at any time during her visit; nor was she offered a voter registration application. Ms. Delgado will not visit the office again until she is required to do so by DTA. (50) Despite her numerous interactions with DTA offices and MassHealth enrollment centers over the past 10 years, including her most recent visit to the Lowell DTA office, Ms. Delgado does not recall ever being offered the opportunity to register to vote or being informed

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that she could obtain voter registration applications and register to vote through DTA offices or MassHealth enrollment centers.
(51) Had Ms. Delgado been advised that she could register to vote, or been offered opportunities to register to vote through a DTA office or MassHealth enrollment center, Ms. Delgado would have done so and she would have been able to vote.
NAACP-New England Area Conference Voter Registration Efforts. (52) NAACP-NEAC seeks to achieve equality of rights among all Massachusetts residents. It especially encourages participation in federal and state elections by traditionally underrepresented groups. Massachusetts’ continuing widespread violations of Section 7 of the NVRA have frustrated NAACP-NEAC’s efforts, as many low income and citizens of color have been deprived of opportunities to register to vote at DTA offices. But for defendants’ violations of the NVRA, NAACP-NEAC volunteers and members would not have expended as much of their limited resources assisting these Massachusetts citizens with voter registration. (53) NAACP-NEAC Branches organize and conduct numerous voter registration drives throughout Massachusetts. They devote substantial resources to voter registration drives every year. In promoting these drives in communities, NAACP-NEAC organizers target, among others, families who live in low income housing. If public assistance offices throughout Massachusetts were complying with the requirements of the NVRA, NAACP-NEAC would expend fewer resources on voter registration drives in communities where DTA clients should be offered voter registration opportunities at DTA offices. But for defendants’ violations of Section 7 of the NVRA, NAACP-NEAC would be able to allocate substantial resources to other activities central to its mission. This diversion of NAACP-NEAC’s limited resources will continue unless and until defendants’ violations are remedied.

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New England United for Justice Voter Registration Efforts. (54) NEU4J supports the civil rights efforts of low income Massachusetts residents, especially within those communities where its members reside, with a specific focus on the communities in Dorchester, Roxbury, and Mattapan. NEU4J targets low income residential areas where voter turnout and participation are historically low, and educates and empowers residents by assisting them in registering to vote and by encouraging them to participate in federal and state elections. NEU4J efforts include voter outreach, such as door-to-door canvassing and telephone drives, which depend on volunteer participation. NEU4J has also partnered with other Massachusetts organizations, such as the NAACP-NEAC and MassVote, in large-scale outreach programs. As a direct result of defendants’ violations of Section 7 of the NVRA, NEU4J and its members have expended and, unless and until defendants’ violations of the NVRA are remedied, will continue to expend substantial resources to assist public assistance applicants and recipients to register to vote. By way of example only, upon learning from clients visiting DTA offices that they were not being offered NVRA-mandated voter registration services, NEU4J began developing plans to register voters visiting those offices. These plans diverted NEU4J resources that would otherwise be expended on different voter education and voter registration activities. The diversions of NEU4J and its members’ resources will continue unless and until defendants’ violations of Section 7 of the NVRA are remedied. (55) NEU4J is also actively involved in many community improvement initiatives targeting local, state, and federal issues facing low income families, including paid sick leave, Social Security and Medicaid benefits, tax reform and improving local city, state, and federal budget deficit efforts. As a direct result of defendants’ NVRA violations, NEU4J has diverted, and will continue to divert, its limited resources away from these other initiatives.

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CLAIMS FOR RELIEF Violation of Section 7 of the National Voter Registration Act of 1993 (56) Plaintiffs incorporate by reference the allegations contained in paragraphs 1 through 55 as if fully set forth herein. (57) As a consequence of their past and continuing failures to provide voter registration materials and services required by Section 7, defendants have violated and continue to violate the NVRA. (58) Plaintiffs are aggrieved by defendants’ past and continuing violations of the NVRA, and have no adequate remedy at law. Declaratory and injunctive relief are required to remedy defendants’ past and continuing violations of the NVRA and to ensure defendants’ future compliance with the NVRA.
PRAYERS FOR RELIEF WHEREFORE, plaintiffs respectfully request that this Court enter judgment in their favor and enter an order: (i) Declaring, pursuant to 28 U.S.C. § 2201 and 42 U.S.C. § 1973gg-9(b)(2), that defendants have violated Section 7 of the NVRA, 42 U.S.C. § 1973gg-5, by failing to provide the NVRA-required voter registration materials and services through public assistance offices, including EOHHS and DTA; (ii) Preliminarily and permanently enjoining defendants, their officers, agents servants, employees and successors in office, and all persons in active concert or participation with them, from failing to develop, implement and enforce practices and policies to ensure compliance with Section 7 of the NVRA, 42 U.S.C. § 1973gg-5;

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(iii) Directing defendants, under a court-approved plan with appropriate mandatory reporting and monitoring requirements, to take all actions necessary to remedy the past and continuing violations of Section 7 of the NVRA, including, without limitation, ensuring that all persons affected by defendants’ violations of Section 7 of the NVRA are provided opportunities to register to vote or to change their voter registration addresses to enable them to vote in the 2012 federal election;
(iv) Directing defendants, under a court-approved plan with appropriate mandatory reporting and monitoring requirements, to take all actions necessary to ensure future compliance with the requirements of Section 7 of the NVRA, 42 U.S.C. § 1973gg-5, including, without limitation, practices and policies for distribution of voter registration applications and voter preference forms; training and monitoring public assistance agency personnel to ensure that all public assistance offices are distributing a voter registration application form to each person who applies for public assistance benefits, and to each person who recertifies, renews, and/or changes an address for benefits; inquiring of all such persons, in writing, whether they want to register to vote or change their voter registration addresses, and providing to them the NVRA-required information concerning the voter registration process; assisting such persons in completing voter registration applications to the same level of assistance that is provided with other public assistance forms; accepting completed voter registration applications, and timely transmitting completed registration forms to appropriate election authorities; and retaining voter registration declination forms;
(v) Awarding plaintiffs the costs and disbursements incurred in connection with this action, including, without limitation, their reasonable attorneys’ fees, expenses, and costs, pursuant to 42 U.S.C. § 1973gg-9(c);

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(vi) Retaining jurisdiction over this action to ensure that defendants are complying with any order(s) issued by this Court and with their obligations under the NVRA; and
(vii) Awarding such additional relief as to this Court seems just and proper.

Dated: May 15, 2012

BETHZAIDA DELGADO, NAACP-NEW ENGLAND AREA CONFERENCE and NEW ENGLAND UNITED FOR JUSTICE
By their attorneys,
/s/ John Kenneth Felter__________ John Kenneth Felter (BBO#162540) ken.felter@ropesgray.com Ming M. Zhu (BBO# 676863) ming.zhu@ropesgray.com ROPES & GRAY LLP Prudential Tower 800 Boylston Street Boston, Massachusetts 02199-3600 Telephone: 617-951-7000 Fax: 617-951-7050
Lisa Danetz (BBO #645998) Dēmos 358 Chestnut Hill Avenue, Suite 303 Brighton, Massachusetts 02135 (617) 232-5885 ldanetz@demos.org
Adam Lioz (pro hac vice pending) Dēmos 1710 Rhode Island Avenue Washington, D.C. 20036 (202) 559-1543 alioz@demos.org

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Bob Kengle (pro hac vice pending) bkengle@lawyerscommittee.org Alejandro Reyes (pro hac vice pending) areyes@lawyerscommittee.org Lawyers' Committee for Civil Rights Under Law 1401 New York Avenue, N.W., Suite 400 Washington, D.C. 20005 (202) 662-8321
Sarah Brannon (pro hac vice pending) sbrannon@projectvote.org Sabrina Khan (pro hac vice pending) skhan@projectvote.org Project Vote 1350 Eye Street, NW, Suite 1250 Washington, DC 20005 (202) 546-4173
Rahsaan Hall (BBO #645369) Lawyers’ Committee for Civil Rights and Economic Justice 294 Washington St., Ste #443 Boston, MA 02108 (617)988-0608 rhall@lawyerscom.org

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 Case 1:12-cv-10872-DJC Document 30 Filed 07/13/12 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

BETHZAIDA DELGADO,

)

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE, and

)

)

NEW ENGLAND UNITED FOR JUSTICE, )

)

Plaintiffs,

)

)

v.

)

)

WILLIAM F. GALVIN,

)

in his official capacity as Secretary of the )

Commonwealth of Massachusetts,

)

)

JUDYANN BIGBY, M.D.,

)

in her official capacity as Secretary of the )

Executive Office of Health and Human

)

Services, and

)

)

DANIEL J. CURLEY, in his official

)

capacity as Commissioner of the

)

Department of Transitional Assistance,

)

)

Defendants.

)

)

C. A. No. 1:12-cv-10872-DJC

JOINT MOTION TO MODIFY SCHEDULING ORDER AND STAY THIS ACTION
Plaintiffs Bethzaida Delgado, NAACP-New England Area Conference, and New England United for Justice and defendants William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts; JudyAnn Bigby, M.D., in her official capacity as Secretary of the Executive Office of Health and Human Services; and Daniel J. Curley, in his official capacity as Commissioner of the Department of Transitional

1

Case 1:12-cv-10872-DJC Document 30 Filed 07/13/12 Page 2 of 5
Assistance jointly request that this Court modify the existing Scheduling Order by cancelling the deadlines set forth in such Order, stay this matter until December 31, 2012, and set a new scheduling conference for a date within 30 days after the expiration of the stay, or on another date as deemed appropriate by the Court. A Proposed Order is attached hereto as Exhibit A.
As grounds for this Motion, the parties state as follows: (1) On May 23, 2012, this Court issued a Scheduling Order that provided for limited expedited discovery, a briefing schedule for a motion for a preliminary injunction and dispositive motions, and a hearing on the motions on August 17, 2012. (2) On July 5, 2012, plaintiffs and defendants entered into a binding agreement (the “July 5 Agreement”), under which defendants agreed to undertake certain preliminary actions before the November elections. In the July 5 Agreement, plaintiffs and defendants also agreed to engage in on-going settlement discussions regarding a final resolution of this action and, to facilitate such discussions, agreed to jointly move this Court to stay this action until the expiration of the July 5 Agreement on December 31, 2012. (3) Pursuant to Fed. R. Civ. P. 16(b)(4) and L. R. 16.1(g), good cause exists to modify this Court’s Scheduling Order, because the reason for the expedited schedule set forth in the Order-- that is, preliminary relief -- has been satisfied by the July 5 Agreement. The July 5 Agreement thus obviates the need for any remaining expedited discovery, briefing and a hearing. (4) A stay until December 31, 2012 is warranted to allow time for the parties to complete the actions specified in the July 5 Agreement, and to attempt to reach an
2

Case 1:12-cv-10872-DJC Document 30 Filed 07/13/12 Page 3 of 5

agreement to finally resolve this action. (5) The parties are willing to appear at a scheduling conference as directed by the
Court to explain the status of the case and, if necessary, propose a schedule for future proceedings.
WHEREFORE, the parties respectfully request that this Court: (1) Modify the May 23, 2012 Scheduling Order, pursuant to Fed. R. Civ. P. 16(b)(4) and L. R.16.1(g), by cancelling the deadlines for the completion of limited expedited discovery, filing preliminary injunction briefs, and filing dispositive motions, and cancelling the scheduled August 17, 2012 hearing date; (2) Stay this action until December 31, 2012, or such time, if any, that this Court may lift the stay upon motion by either party; and (3) At the Court’s discretion, set a scheduling conference for a date within 30 days after the expiration of the stay on December 31, 2012, or on another date as deemed appropriate by the Court, to hear from the parties regarding the status of the case and/or their proposals for future proceedings.

Dated: July 13, 2012

BETHZAIDA DELGADO, NAACP-NEW ENGLAND AREA CONFERENCE and NEW ENGLAND UNITED FOR JUSTICE
By their attorneys,
s/ John Kenneth Felter John Kenneth Felter (BBO #162540) ken.felter@ropesgray.com Eugene L. Morgulis (BBO #675429) eugene.morgulis@ropesgray.com ROPES & GRAY LLP Prudential Tower, 800 Boylston Street Boston, Massachusetts 02199-3600 Telephone: 617-951-7000 Fax: 617-951-7050
3

Case 1:12-cv-10872-DJC Document 30 Filed 07/13/12 Page 4 of 5
Lisa Danetz (BBO #645998) Dēmos 358 Chestnut Hill Avenue, Suite 303 Brighton, Massachusetts 02135 (617) 232-5885 ldanetz@demos.org
Adam Lioz (admitted pro hac vice) Dēmos 1710 Rhode Island Avenue Washington, D.C. 20036 (202) 559-1543 alioz@demos.org
Robert A. Kengle (admitted pro hac vice) bkengle@lawyerscommittee.org Alejandro Reyes (admitted pro hac vice) areyes@lawyerscommittee.org Lawyers' Committee for Civil Rights Under Law 1401 New York Avenue, N.W., Suite 400 Washington, D.C. 20005 (202) 662-8321
Sarah Brannon (admitted pro hac vice) sbrannon@projectvote.org Sabrina Khan (admitted pro hac vice) skhan@projectvote.org Project Vote 1350 Eye Street, NW, Suite 1250 Washington, DC 20005 (202) 546-4173
Rahsaan Hall (BBO #645369) Lawyers’ Committee for Civil Rights and Economic Justice 294 Washington St., Ste #443 Boston, MA 02108 (617)988-0608 rhall@lawyerscom.org
4

Case 1:12-cv-10872-DJC Document 30 Filed 07/13/12 Page 5 of 5
William F. Galvin, Secretary of the Commonwealth of Massachusetts, JudyAnn Bigby, M.D., Secretary of the Executive Office of Health and Human Services, and Daniel J. Curley, Commissioner of the Department of Transitional Assistance
By their attorneys,
Martha Coakley Attorney General
/s/ Tori T. Kim_______________ Tori T. Kim (BBO #651721) tori.kim@state.ma.us (617) 963-2022 Timothy J. Casey (BBO #650913) (617) 963-2043 timothy.casey@state.ma.us Assistant Attorneys General Office of the Attorney General One Ashburton Place Boston, MA 02108
CERTIFICATE OF SERVICE I certify that this document filed through the ECF system will be sent electronically to registered participants as identified on the Notice of Electronic Filing (NEF) and that paper copies will be sent to those indicated as non-registered participants on today’s date.
__/s/ Eugene L. Morgulis_________ Eugene L. Morgulis
5

Case 1:12-cv-10872-DJC Document 30-1 Filed 07/13/12 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

BETHZAIDA DELGADO,

)

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE, and

)

)

NEW ENGLAND UNITED FOR JUSTICE, )

)

Plaintiffs,

)

)

v.

)

)

WILLIAM F. GALVIN,

)

in his official capacity as Secretary of the )

Commonwealth of Massachusetts,

)

)

JUDYANN BIGBY, M.D.,

)

in her official capacity as Secretary of the )

Executive Office of Health and Human

)

Services, and

)

)

DANIEL J. CURLEY, in his official

)

capacity as Commissioner of the

)

Department of Transitional Assistance,

)

)

Defendants.

)

)

C. A. No. 1:12-cv-10872-DJC

[PROPOSED] ORDER

Upon consideration of the parties’ Joint Motion to Modify Scheduling Order and Stay

this Action, it is hereby ORDERED that:

1. The parties’ Joint Motion is GRANTED;

2. The May 23, 2012 Scheduling Order is modified to cancel the deadline for the

completion of limited expedited discovery, filing preliminary injunction briefs, and filing

dispositive motions, and cancelling the scheduled August 17, 2012 hearing date;

2. This action shall be stayed until December 31, 2012, or such time, if any, that this

Case 1:12-cv-10872-DJC Document 30-1 Filed 07/13/12 Page 2 of 2
Court may lift the stay upon motion by either party; and 3. The parties shall appear for a scheduling conference on _________________.

Date: _________________

__________________________________ U.S. District Court Judge

 
 Case 1:12-cv-10872-DJC Document 29 Filed 07/13/12 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

BETHZAIDA DELGADO,

)

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE, and

)

)

NEW ENGLAND UNITED FOR JUSTICE, )

)

Plaintiffs,

)

)

v.

)

)

WILLIAM F. GALVIN,

)

in his official capacity as Secretary of the )

Commonwealth of Massachusetts,

)

)

JUDYANN BIGBY, M.D.,

)

in her official capacity as Secretary of the )

Executive Office of Health and Human

)

Services, and

)

)

DANIEL J. CURLEY, in his official

)

capacity as Commissioner of the

)

Department of Transitional Assistance,

)

)

Defendants.

)

)

C. A. No. 1:12-cv-10872-DJC

JOINT MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the parties in the abovecaptioned matter respectfully submit this Joint Motion for Entry of Stipulated Protective Order (attached as Exhibit A hereto). As grounds for this motion, the parties state as follows: 1. On May 15, 2012, Plaintiffs filed this action under Section 7 of the National Voter Registration Act of 1993 (“NVRA”), 42 U.S.C. § 1973gg-5 et seq. Plaintiffs also sought expedited discovery and a schedule for a motion for preliminary injunction.

1

Case 1:12-cv-10872-DJC Document 29 Filed 07/13/12 Page 2 of 5
2. On May 23, 2012, this Court issued a Scheduling Order that provided for limited expedited discovery, a briefing schedule for Plaintiffs’ motion for a preliminary injunction and Defendants’ dispositive motions, if any, and a hearing on such motions on August 17, 2012.
3. Between about May 30, 2012 and July 5, 2012, the parties engaged in settlement discussions regarding Plaintiffs’ motion for preliminary injunction, while simultaneously producing documents in response to each side’s requests for production. The parties produced documents subject to an “attorneys’ eyes only” agreement, until such time as this Court entered a Stipulated Protective Order that was mutually agreeable to both sides.
4. On July 5, 2012, the parties entered into an interim agreement to resolve all issues relating to Plaintiffs’ motion for preliminary injunction. The parties also agreed to stay this action and all remaining discovery until December 31, 2012, in order to engage in on-going settlement discussions regarding a final resolution of this action.
5. On July 13, 2012, the parties filed a Joint Motion to Modify Scheduling Order and Stay this Action, requesting that this Court cancel all deadlines set forth in the May 23 Scheduling Order and stay this action until December 31, 2012.
6. Good cause exists for entry of the [Proposed] Stipulated Protective Order, attached as Exhibit A, as the parties have already produced documents under the expedited discovery schedule to which they previously agreed. While the parties have agreed to stay all remaining discovery until December 31, 2012, they have an interest in protecting the confidentiality of documents already produced.
WHEREFORE, the parties respectfully request that this Court enter the [Proposed] Stipulated Protective Order attached as Exhibit A hereto.
2

Case 1:12-cv-10872-DJC Document 29 Filed 07/13/12 Page 3 of 5

Dated: July 13, 2012

BETHZAIDA DELGADO, NAACP-NEW ENGLAND AREA CONFERENCE and NEW ENGLAND UNITED FOR JUSTICE By their attorneys,
/s/ John Kenneth Felter _______________ John Kenneth Felter (BBO #162540) ken.felter@ropesgray.com Eugene L. Morgulis (BBO #675429) eugene.morgulis@ropesgray.com ROPES & GRAY LLP Prudential Tower 800 Boylston Street Boston, Massachusetts 02199-3600 Telephone: 617-951-7000 Fax: 617-951-7050
Lisa Danetz (BBO #645998) Dēmos 358 Chestnut Hill Avenue, Suite 303 Brighton, Massachusetts 02135 (617) 232-5885 ldanetz@demos.org
Adam Lioz (pro hac vice pending) Dēmos 1710 Rhode Island Avenue Washington, D.C. 20036 (202) 559-1543 alioz@demos.org
Robert A. Kengle (pro hac vice pending) bkengle@lawyerscommittee.org Alejandro Reyes (pro hac vice pending) areyes@lawyerscommittee.org Lawyers' Committee for Civil Rights Under Law 1401 New York Avenue, N.W., Suite 400 Washington, D.C. 20005 (202) 662-8321

3

Case 1:12-cv-10872-DJC Document 29 Filed 07/13/12 Page 4 of 5

William F. Galvin, Secretary of the Commonwealth of Massachusetts, JudyAnn Bigby, M.D., Secretary of the Executive Office of Health and Human Services, and Daniel J. Curley, Commissioner of the Department of Transitional Assistance
By their attorney, MARTHA COAKLEY ATTORNEY GENERAL
/s/ Tori T. Kim _______________ Tori T. Kim (BBO #651721) (617) 963-2022 tori.kim@state.ma.us Timothy J. Casey (BBO #650913) (617) 963-2043 Assistant Attorneys General One Ashburton Place Boston, MA 02108

Sarah Brannon (pro hac vice pending) sbrannon@projectvote.org Sabrina Khan (pro hac vice pending) skhan@projectvote.org Project Vote 1350 Eye Street, NW, Suite 1250 Washington, DC 20005 (202) 546-4173 Rahsaan Hall (BBO #645369) Lawyers’ Committee for Civil Rights and Economic Justice 294 Washington St., Ste #443 Boston, MA 02108 (617)988-0608 rhall@lawyerscom.org
SO ORDERED: Dated this ____ day of ____________, 2012.

__________________________________ The Honorable Denise J. Casper United States District Judge

4

Case 1:12-cv-10872-DJC Document 29 Filed 07/13/12 Page 5 of 5 CERTIFICATE OF SERVICE
I certify that this document filed through the ECF system will be sent electronically to registered participants as identified on the Notice of Electronic Filing (NEF) and that paper copies will be sent to those indicated as non-registered participants on today’s date.
__/s/ Eugene L. Morgulis____________ Eugene L. Morgulis
5

Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 1 of 20

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

BETHZAIDA DELGADO,

)

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE, and

)

)

NEW ENGLAND UNITED FOR JUSTICE, )

)

Plaintiffs,

)

)

v.

)

) C.A. No. 1:12-cv-10872-DJC

WILLIAM F. GALVIN,

)

in his official capacity as Secretary of the

)

Commonwealth of Massachusetts,

)

)

JUDYANN BIGBY, M.D.,

)

in her official capacity as Secretary of the

)

Executive Office of Health and Human

)

Services, and

)

)

DANIEL J. CURLEY,

)

in his official capacity as Commissioner of the )

Department of Transitional Assistance,

)

)

Defendants.

)

)

)

[PROPOSED] STIPULATED PROTECTIVE ORDER The parties in the above-captioned matter having moved for entry of a Stipulated Protective Order pursuant to Fed. R. Civ. P. 26(c), to expedite the exchange of Discovery Material (as defined below) in the above-captioned matter (the “Litigation”), to facilitate the prompt resolution of disputes over confidentiality, to protect Discovery Material entitled to be kept confidential, and to ensure that confidentiality is afforded only to material so entitled, it is hereby ORDERED:

Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 2 of 20
1. Definitions (a) “Discovery Material” means any material produced, filed, served by, or otherwise
obtained from, any Producing Party during discovery or otherwise in the Litigation or any information included in such material. Discovery Material may include, but is not limited to, deposition testimony and transcripts, answers to interrogatories, documents and tangible things produced by a Producing Party (whether produced pursuant to Fed. R. Civ. P. 34, subpoena, or otherwise), and responses to requests for admission.
(b) “Producing Party” means any party that produces Discovery Material to any other party in connection with this Litigation.
(c) “Personal Data” means any information concerning an individual which, because of name, social security number, identifying number, mark, or description can be readily associated with a particular individual; provided, however, that such information is not contained in a public record, as defined in Mass. Gen. L. c. 4, § 7(26).
(d) “Privileged Data” means any information concerning Public Assistance clients or registered voters, which are normally subject to the protections afforded such data pursuant to state and federal privacy laws, including without limitation the Massachusetts Fair Information Practices Act (“FIPA”), Mass. Gen. L. c. 66A; the Massachusetts confidentiality provisions relating to public assistance records, Mass. Gen. L. c. 66, § 17(A); Mass. Gen. L. c. 18, § 11; 106 C.M.R. § 104.010 et seq.; the federal Health Insurance Portability and Accountability Act (“HIPAA”), 42 U.S.C. § 1320d; 45 C.F.R. §§ 164.500 et seq.; the federal Medicaid confidentiality provisions, 42 U.S.C. § 1396a(a)(7); and the federal alcohol and drug treatment confidentiality requirements, 42 U.S.C. § 290dd-2.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 3 of 20
(e) “Public Assistance” means the Food Stamp (or SNAP), Medicaid (or MassHealth), Women, Infants, & Children (WIC), Emergency Aid to Elderly, Disabled and Children (EAEDC), and Aid to Families with Dependent Children (AFDC or TAFDC) programs administered in Massachusetts.
(f) “Receiving Party” means any party who receives Discovery Material in this Litigation.
(g) “Confidential Discovery Material” means any Discovery Material that is stamped or labeled “CONFIDENTIAL” in a way that brings its attention to a reasonable examiner and does not interfere with the legibility of the material, or, in the event that such Discovery Material is disclosed in a form not appropriate for such placing or affixing, is designated in writing as Confidential Information at the time it is delivered to the Receiving Party. In the case of electronically stored Discovery Material, the designation of material as “CONFIDENTIAL” shall appear in a database field entitled “TREATMENT” or other appropriate location that shall be related to each document. Additionally, each hard drive, disk or other physical item containing native files or electronically-stored information shall be marked to indicate that it contains Confidential Discovery Material.
(h) “Designating Person” means any Producing Party who designates Discovery Material as Confidential Discovery Material.
(i) “Objecting Party” means any party that objects to the designation of any Discovery Material as Confidential Information in accordance with the terms of Paragraph 7 herein.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 4 of 20
2. Non-Disclosure of Confidential Discovery Material Except with the prior written consent of the Producing Party originally designating
Discovery Material as Confidential Discovery Material, no Confidential Discovery Material may be disclosed to any person or used in any manner except as provided herein. 3. Use of Discovery Material
Without the prior written consent of the Producing Party, Discovery Material produced or furnished in this litigation by any person shall not be used by the Receiving Party for any purpose other than the prosecution or defense of the Litigation, including appeals. This provision shall not apply, however, to any Discovery Material that is or was publicly available, or obtained by the Receiving Party independently of formal discovery in this litigation, or that has been filed in an unsealed court filing. 4. Material Entitled to Confidential Designation
By designating Discovery Material as Confidential Discovery Material within the meaning of this Stipulated Protective Order, a Designating Person attests and represents that such Discovery Material (a): is (1) confidential, non-public information of an organization concerning its activities, meetings, members, financial information, including any information regarding budgets, personnel compensation, and/or funding, or any other information not otherwise available to the public, or (2) confidential, non-public personal information concerning individuals such as social security numbers, home telephone numbers and addresses, tax returns, personnel evaluations, and medical, investment, credit and banking information; and (b) may be subject to a protective order under Fed. R. Civ. P. 26(c)(1)(G) or may be required by statute to be kept confidential.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 5 of 20
This Stipulated Protective Order shall not apply to Personal Data and/or Privileged Data in the possession of Defendants relating to Public Assistance clients or registered voters, including any information that would tend to identify particular Public Assistance clients or registered voters. To the extent any party requests the disclosure of such information, such party shall identify with particularity the documents or other information sought, and any disclosure by Defendants shall be subject to a separate protective order, supported by a showing that there is a compelling need for such information that outweighs the potential harm from disclosure. See In re Hampers, 651 F.2d 19 (1st Cir. 1981). This Order, however, shall not prohibit the disclosure of numerical data or summaries from databases maintained by Defendants (including without limitation the “BEACON” system), provided that only numerical data are disclosed (such as tallies of the number of responses to particular data inputs) stripped of any Personal Data, Privileged Data, or other narrative information regarding a registered voter’s application to register to vote, or a Public Assistance client’s application for or receipt of benefits. Such numerical data or summaries shall be deemed to be Confidential Discovery Material, and subject to the provisions of this Stipulated Protective Order.
Any request by Plaintiff Bethzaida Delgado, through her attorneys of record, for Personal Data and/or Privileged Data in her Public Assistance case files, including information concerning members of her family or assistance unit, or information otherwise in the possession of Defendants concerning Bethzaida Delgado, shall be subject to this Stipulated Protective Order. Such request shall be construed as demonstrating Bethzaida Delgado’s consent and/or authorization for disclosure of such information, provided that she signs the written release attached to this Order.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 6 of 20

5. Use and Disclosure of Discovery Material Designated Confidential Discovery

Material (a)

Unless otherwise ordered by a court, administrative agency, or other

governmental or regulatory body of competent jurisdiction, or otherwise provided in this Order,

Discovery Material designated as Confidential Discovery Material may be used only in

connection with the prosecution or defense of the Litigation. Except upon the prior written

consent of the Producing Party or as otherwise expressly provided in this Order, Confidential

Discovery Material may be disclosed only to the following persons:

(1) Counsel of record, including in-house counsel, and any other counsel for

the Parties in this Litigation, members of their firms and associates, associate attorneys,

paralegals, legal assistants, clerical, and other regular employees of such counsel who are

assisting in the conduct and/or management of this Litigation;

(2) The Court, its staff, and court officials involved in the Litigation

(including court reporters or persons operating video equipment at depositions), any Special

Master appointed by the Court and his or her staff, and any mediators and their staff agreed to by

the parties in the Litigation;

(3) Any person designated by the Court in the interest of justice, upon such

terms as the Court may deem proper, pursuant to order entered upon notice to the parties;

(4) Witnesses in preparation for deposition or at deposition, but only in

connection with their testimony in the Litigation and provided that each such witness signs the

Agreement to Abide by Stipulated Protective Order attached hereto;

(5) Named parties and such officers, directors, employees or agents of the

named parties as counsel, in good faith, require to provide assistance in the conduct of the

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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 7 of 20
Litigation, including parties in legal actions that have been, or in the future are, made part of, and/or consolidated with the Litigation;
(6) Third-party contractors engaged in one or more aspects of copying, organizing, filing, coding, converting, storing, or retrieving data or designing programs for handling data connected with this Litigation, including the performance of such duties in relation to a computerized litigation support system, but only to the extent reasonably necessary to render such services;
(7) Any person reflected as an author, addressee, or recipient of the Confidential Discovery Material; and
(8) Third-party contractors providing graphics or design services retained by counsel for a party for the purpose of preparing demonstrative or other exhibits for deposition, trial, or other court proceedings in this Litigation.
(9) Outside experts retained by counsel for the Litigation, provided that each expert signs the Agreement to Abide by Stipulated Protective Order attached hereto. 6. Confidential Discovery Material in Depositions and Responses to Discovery Requests
(a) Subject to paragraph 5(a)(4) above, a party’s counsel may show Confidential Discovery Material to any deposition witness who is the Producing Party or a corporate parent, subsidiary, affiliate, officer, director, employee, partner, agent, consultant, attorney or expert of the Producing Party, or who is represented in this Litigation by counsel for the Producing Party.
(b) Parties and deponents may, within ten (10) business days after receiving a transcript of a deposition, designate pages of the transcript (and exhibits thereto) as Confidential Discovery Material to the extent they contain material or information entitled to protection (as
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 8 of 20
defined in Paragraph 4 above). Such Confidential Discovery Material within the deposition transcript may be designated only by marking pages that contain confidential information and placing on such pages the legend: “CONFIDENTIAL.” Until the expiration of the 10-businessday period during which designations may be made, the entire deposition transcript and exhibits will be treated as subject to protection as Confidential Discovery Material under this Order. If a designation is made, the pages and exhibits designated as Confidential Discovery Material, if filed, shall be filed under seal pursuant to Paragraph 10, separate from the pages and exhibits not so marked. If any depositions are videotaped, those portions of the videotape corresponding to pages of the deposition transcript designated as Confidential shall be afforded the same status. Failure to designate any page of a transcript as Confidential in accordance with the terms of this paragraph shall constitute a waiver of any confidentiality of that page.
(c) If Discovery Material entitled to protection as Confidential Discovery Material (as defined in Paragraph 4 above) is included in written answers to discovery requests of any kind, such answers or responses shall be marked “CONFIDENTIAL.” 7. Declassification of Confidential Discovery Material
Nothing in this Stipulated Protective Order shall be taken as indicating that any information is in fact entitled to treatment as Confidential Discovery Material on the grounds that it is marked as such. The parties shall not be obligated to challenge the propriety of a “Confidential” designation at the time it is made, and a failure to do so shall not preclude a subsequent challenge thereto. If, at any time, a party objects to a designation of Discovery Material as Confidential Discovery Material under this Stipulated Protective Order, the Objecting Party shall notify the Producing Party in writing. Within five (5) calendar days of the receipt of such notification, counsel for the Producing Party and the Objecting Party shall confer
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 9 of 20
in good faith in an effort to resolve any disagreement regarding the Producing Party’s designation of the Discovery Material as Confidential Discovery Material. If, for whatever reason, the parties do not resolve their disagreement, the Objecting Party may apply to the Court within ten (10) calendar days from the date the parties conclude their meet and confer (or from the date of receipt of notification if no meet and confer is conducted) for a ruling on the Producing Party’s designation of the Discovery Material as Confidential Discovery Material. While any such application is pending, and until such time as there is a final court order declaring the Discovery Material in question to be Confidential Discovery Material, the documents or materials subject to that application will be treated as Confidential Discovery Material. If the Objecting Party does not apply to the Court for a ruling on the Producing Party’s designation of Discovery Material as Confidential Discovery Material within the time periods set forth above, the Discovery Material in question will retain its designation as Confidential Discovery Material. In any proceeding to determine the validity of a designation of Discovery Material as Confidential Discovery Material, the Producing Party shall have the burden of proving by a preponderance of the evidence that the Discovery Material in question is Confidential Discovery Material as defined in Paragraph 4 of this Order. Nothing in this Stipulated Protective Order shall be construed as preventing any party from objecting to the designation of any Discovery Material as Confidential Discovery Material or preventing any party from seeking protection for any Discovery Material. 8. Inadvertent Failure to Designate
(a) A Producing Party may notify the Receiving Parties that Discovery Material that should have been designated as Confidential Discovery Material under the terms of this Order was inadvertently produced without being designated as such. Upon receiving such notice from
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 10 of 20
the Producing Party, the party receiving such notice shall immediately treat the Discovery Material as if it had been so designated as Confidential Discovery Material and shall place the appropriate designation on the document within five (5) business days of receipt of such notice. No party shall be deemed to have violated this Order if, prior to notification of any later designation, such Discovery Material has been disclosed or used in a manner inconsistent with the later designation. Once such a designation has been made, however, the relevant documents or materials shall be treated as Confidential Discovery Material in accordance with this Order; provided, however, that if the Discovery Material that was inadvertently not designated is, at the time of the later designation, filed with a court on the public record, the Producing Party who failed to make the designation shall, if so advised, move for appropriate relief.
(b) If an inadvertently omitted “Confidential” designation is first claimed during the course of a deposition, hearing, or other court proceeding, the subject Discovery Material may be used throughout that deposition, hearing, or proceeding as though no designation had been made, but shall be treated as though such designation had been made immediately thereafter. 9. Privileged Discovery Material
(a) If a Producing Party determines that it has inadvertently produced documents or materials that are subject to a claim of privilege or immunity, or otherwise protected from disclosure, the Producing Party shall inform counsel for the Receiving Parties of the inadvertent production in writing, and counsel for the Receiving Parties shall take reasonable steps to ensure that all known copies of any such documents are promptly returned to the Producing Party. Inadvertent production of privileged or otherwise protected Discovery Material will not be deemed to have waived any privilege.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 11 of 20
(b) In the event that only part of the document is claimed to be privileged or protected, the Producing Party shall furnish redacted copies of such document, removing only the part(s) thereof claimed to be privileged or protected. Upon receipt of the redacted copy, the Receiving Party, absent a challenge pursuant to paragraph subsections (c) and (d) of this paragraph, shall promptly return all unredacted copies to the Producing Party in accordance with this paragraph.
(c) If the Receiving Party contests the Producing Party’s designation of privilege as to any purportedly inadvertently produced material, the Receiving Party shall retain all copies of the document under dispute segregated from other documents in a file marked “INADVERTENT PRODUCTION – PRIVILEGE DISPUTED.” The Producing Party shall then have ten (10) business days after such challenge in which to file a motion seeking recovery of the privileged document, unless the parties agree to extend that period of time. Neither the purported inadvertently produced privileged document nor any of its contents shall be used, disclosed or referred to for any purpose until the motion is decided or the time for filing such motion has passed and no motion has been filed, except that (i) the purportedly privileged document may be filed by any party with the Court under seal for in camera review, and (ii) if the contents of the document are relevant to the Court’s determination, either party may also refer to the contents in its motion or related brief, provided the motion and brief are also filed under seal and not disclosed to others. A Producing Party’s failure to make a timely motion after being informed of the challenge shall be deemed a waiver of any attorney-client privilege for that particular document, without prejudice to any party’s right to argue that the waiver does or does not qualify as a subject matter waiver.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 12 of 20
10. Filing of Confidential Discovery Material (a) Filing Under Seal: Except as otherwise set forth in subsection 10(b), those
portions of pleadings, motions, affidavits, briefs, exhibits, and other papers filed with or submitted to the Court that contain Confidential Discovery Material shall be filed separately under seal. The portion of the filing made under seal shall be separately filed in an envelope bearing the name and index number of the action, marked with the title (or a general description) of its contents and the legend: “FILED UNDER SEAL PURSUANT TO CONFIDENTIALITY ORDER IN NO. 12 Civ. 10872.” If filed under seal, the filing or submission shall remain under seal (i) unless otherwise ordered by this Court upon notice to the parties, or (ii) unless the Producing Party who produced the subject Confidential Discovery Material included or used in the filing consents in writing to its unsealing, in which case the contents of the filing should be unsealed to the extent of such consent.
(b) Service and Request for Consent Before Filing: To alleviate the need for filing papers with the Court under seal, a party filing or submitting to the Court portions of pleadings, motions, affidavits, briefs, exhibits, and other papers that contain Discovery Material designated as Confidential Discovery Material may obtain the consent of the Producing Party prior to filing with the Court pursuant to the following procedures. A party filing or submitting papers containing Confidential Discovery Material shall serve all papers upon the Producing Party on the dates agreed upon by the parties or required by the Court, or pursuant to the Federal Rules of Civil Procedure, the Local Rules and Individual Practices of this Court, with a request that the Producing Party consent to the unsealed filing of the Confidential Discovery Material. Concurrently with the service of the documents on the Producing Party, the filing party will also file the memoranda or other documents with the Court with redactions to conceal the information
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 13 of 20
as to which it has asserted confidentiality. The Producing Party shall have two (2) business days to respond to the filing party’s request for consent. If the Producing Party provides consent, the filing party may re-file the papers in Court, including the Confidential Discovery Material without redactions, without filing under seal or otherwise following the procedures set forth in subsection 10(a). If the Producing Party declines to give consent within two business days, the Parties shall follow the procedures for filing Confidential information set forth in subsection 10(a). Notwithstanding anything in this paragraph, any party may object at any time to the designation of any Discovery Material as Confidential Discovery Material in accordance with Paragraph 7 of this Order. Failure of the Producing Party to respond to such objection in accordance with Paragraph 7 herein shall constitute a waiver of the Objecting Party’s obligation to file such Discovery Materials under seal.
(c) Except at trial, prior to using any Discovery Material designated as Confidential Discovery Material in open court, counsel shall confer regarding such procedures as are necessary to protect the confidentiality of the subject Discovery Material. 11. Confidential Documents and Materials at Trial
No fewer than thirty (30) days before the date upon which the parties are directed to submit a Joint Pretrial Order in the above-captioned case, the parties shall meet and confer to negotiate a proposal for Court approval addressing the treatment of Confidential Discovery Material at trial. Such proposal shall be submitted to the Court as a part of or contemporaneously with the Joint Pretrial Order. To the extent the parties fail to agree on a proposal addressing the use of Confidential Discovery Material at trial, they may submit alternative proposals to the Court. Neither this Order nor any designation of confidentiality shall affect the admissibility into evidence of the information so designated.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 14 of 20
12. Further Requests for Production If, at any time, any Confidential Discovery Material in the custody, possession, or control
of any person other than the Producing Party who originally produced such material is requested by any court or other tribunal to disclose such material, or is subpoenaed by any court, administrative agency, legislative body or other person or entity, the person or party to whom the subpoena or request is directed shall provide written notice to the Producing Party who originally produced the Confidential Discovery Material within three (3) business days, and shall provide that Producing Party five (5) business days thereafter to respond to the subpoena or request, but shall otherwise comply, as required by law, with the subpoena or request. 13. Miscellaneous
By this Order, no party hereto shall be deemed to have waived its right to assert that any particular document should or should not be accorded treatment as Confidential Discovery Material, so long as such rights are asserted in accordance with the terms of this Order. For purposes of computing any period of time under this Order, the provisions of Fed. R. Civ. P. 6 shall apply unless otherwise specified. This Order may be executed in counterparts. 14. Termination
The provisions of this Order shall continue to be binding after final termination of the Litigation. Within one hundred and twenty (120) days after final conclusion of all aspects of the Litigation, including any appeals, any party or person who received Confidential Discovery Material must, at the option of the Receiving Party, (i) return such documents and materials to the Producing Party, or (ii) certify in writing to counsel to the Producing Party that the Receiving Party has destroyed the Confidential Discovery Material other than counsel’s copies of exhibits filed under seal with the Court, counsel’s file copies of papers prepared by counsel in connection
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 15 of 20
with this Litigation, e.g., pleadings, court papers, discovery requests and responses, and other papers filed or served in the Litigation, and counsel’s file copies of deposition and trial transcripts. 15. Consent to Jurisdiction
Any party receiving any Confidential Discovery Material in accordance with any provision of this Order hereby agrees to subject himself or herself to the jurisdiction of the Court for the purpose of any proceedings relating to the performance under, compliance with, or violation of, this Order. 16. Additional Parties
The terms of this Order shall be binding upon all current and future parties to the Litigation and their counsel. Within ten (10) days of (i) the entry of an appearance by a new party in this Litigation, or (ii) the transfer of a complaint that arises out of the same or similar facts alleged in the complaints in the Litigation, counsel for Plaintiffs shall serve a copy of this Order on such party’s counsel. 17. Use of this Order
Neither this Order nor the existence of such nor any designation of Discovery Material as Confidential Discovery Material shall be offered or admitted into evidence at jury trial or argued or disclosed to any jury in the Litigation. 18. Scope of Discovery
Nothing in this Order is intended to constitute an agreement regarding the scope of discovery.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 16 of 20
19. Use of Own Information Nothing herein shall impose any restriction on the use of or disclosure by a party of its
own information or from disclosing a document containing Confidential Discovery Material to any natural person who the document clearly identifies as an author, addressee, or carbon copy recipient of such document. Nor shall this Order be construed to prevent any party or its counsel or their retained outside experts and consultants and litigation support vendors from making use as they see fit of information that was lawfully available to the public or lawfully in the possession of the party, counsel or expert independent of any disclosure of Confidential Discovery Material in the Litigation, or Discovery Material not previously designated as Confidential Discovery Material. In the event, however, that a non-party provides Discovery Material that was generated by a party to this Order and that non-party believes that the Discovery Material should be designated as Confidential Discovery Material, the non-party may request that all copies of such Discovery Material be stamped “Confidential” in accordance with Paragraph 1(d), provided that the non-party was acting within the scope of his or her employment or agency for the party when he or she obtained such Confidential Discovery Material from the party (or an affiliate or subsidiary thereof) and such designation is consistent with the terms of this Order. If the parties to this Order disagree concerning the proper designation of such Discovery Material, their dispute shall be resolved pursuant to the procedures described in Paragraph 7 of this Order. Pending the Court’s ruling, the party contesting the requested designation shall treat the Discovery Material as if the requested designation were proper and effective.
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 17 of 20

Dated: July 13, 2012

STIPULATED AND AGREED TO BY:
By: _/s/ John Kenneth Felter________ John Kenneth Felter (BBO#162540) Eugene L. Morgulis (BBO #675429) ROPES & GRAY LLP Prudential Tower 800 Boylston Street Boston, Massachusetts 02199-3600 (617) 951-7000 (telephone) (617) 951-7050 (facsimile) ken.felter@ropesgray.com eugene.morgulis@ropesgray.com
Lisa Danetz (BBO #645998) Dēmos 358 Chestnut Hill Avenue, Suite 303 Brighton, Massachusetts 02135 (617) 232-5885 ldanetz@demos.org
Adam Lioz (admitted pro hac vice) Dēmos 1710 Rhode Island Avenue Washington, D.C. 20036 (202) 559-1543 alioz@demos.org
Bob Kengle (admitted pro hac vice) bkengle@lawyerscommittee.org Alejandro Reyes (admitted pro hac vice) areyes@lawyerscommittee.org Lawyers’ Committee for Civil Rights Under Law 1401 New York Avenue, N.W., Suite 400 Washington, D.C. 20005 (202) 662-8321
Sarah Brannon (admitted pro hac vice) sbrannon@projectvote.org Sabrina Khan (admitted pro hac vice) skhan@projectvote.org Project Vote 1350 Eye Street, NW, Suite 1250 Washington, DC 20005 (202) 546-4173
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 18 of 20
Rahsaan Hall (BBO #645369) Lawyers’ Committee for Civil Rights and Economic Justice 294 Washington St., Ste #443 Boston, MA 02108 (617)988-0608 rhall@lawyerscom.org
Attorneys for Plaintiffs Bethzaida Delgado, NAACP-New England Area Conference, and New England United for Justice
MARTHA COAKLEY ATTORNEY GENERAL
By: _/s/ Tori T. Kim_______________ Tori T. Kim (BBO No. 651721) tori.kim@state.ma.us (617) 963-2022 Timothy J. Casey (BBO No. 650913) timothy.casey@state.ma.us (617) 963-2043 Assistant Attorneys General Government Bureau One Ashburton Place Boston, Massachusetts 02108
Attorneys for Defendants William F. Galvin, JudyAnn Bigby, and Daniel J. Curley
SO ORDERED:
Dated this ____ day of ____________, 2012.
____________________________________ The Honorable Denise J. Casper United States District Judge
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Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 19 of 20
AGREEMENT TO ABIDE BY PROTECTIVE ORDER I have been designated as a person who may have access to Confidential Discovery Material under paragraph 5 of the Stipulated Protective Order entered in Delgado et al. v. Galvin et al., Case No. 1:12-CV-10872-DJC (D. Mass.). I have received and reviewed a copy of the Stipulated Protective Order, and agree to abide by its terms with respect to all Confidential Discovery Material as defined therein. Signed under the pains and penalties of perjury on this ____day of _______________.
_________________________________________ [Recipient of Confidential Material]

Case 1:12-cv-10872-DJC Document 29-1 Filed 07/13/12 Page 20 of 20
AUTHORIZATION FOR RELEASE OF INFORMATION
I hereby authorize Defendants in this action or their employees or representatives to release the following information to my authorized representative listed below.
Name of Requester:
Bethzaida Delgado 277 East Merrimack Street Lowell, Massachusetts 01852
Documents requested:
Information pertaining to Bethzaida Delgado contained in Public Assistance case files (including information pertaining to members of her family or assistance unit), or information otherwise in the possession of the Department of Transitional Assistance, Executive Office of Health and Human Services Office of Medicaid/MassHealth, and the Office of the Secretary of the Commonwealth.
Representative to Whom Documents Will be Released:
John Kenneth Felter Ropes & Gray LLP Prudential Tower 800 Boylston Street Boston, MA 02199-3600
Signed this ___th day of ________ 2012.
________________________________ Bethzaida Delgado

 
 · .

Case 1:12-cv-10872-DJC Document 31 Filed 07/17/12 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

BETHZAIDA DELGADO,

)

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE, and

)

)

NEW ENGLAND UNITED FOR JUSTICE, )

)

Plaintiffs,

)

)

v.

)

)

WILLIAM F. GALVIN,

)

in his official capacity as Secretary ofthe )

Commonwealth ofMassachusetts,

)

)

JUDYANN BIGBY, M.D.,

)

in her official capacity as Secretary ofthe )

Executive Office ofHealth and Human

)

Services, and

)

)

DANIEL J. CURLEY, in his official

)

capacity as Commissioner ofthe

)

Department ofTransitional Assistance,

)

)

Defendants.

)

C. A. No.1: 12-cv-10872-DJC

[PROPOSED] ORDER Upon consideration of the parties' Joint Motion to Modity Scheduling Order and Stay this Action, it is hereby ORDERED that: 1. The parties' Joint Motion is GRANTED; 2. The May 23, 2012 Scheduling Order is modified to cancel the deadline for the completion of limited expedited discovery, filing preliminary injunction briefs, and filing dispositive motions, and cancelling the scheduled August 17, 2012 hearing date; 2. This action shall be stayed until December 31, 2012, or such time, if any, that this

Case 1:12-cv-10872-DJC Document 31 Filed 07/17/12 Page 2 of 2

Court may lift the stay upon motion by either party; and

3.

11 The parties shall appear for a scheduling conference on

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 UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

__________________________________________

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BETHZAIDA DELGADO, et al.,

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Plaintiffs,

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v.

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Civil Action No. 12-cv-10872

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WILLIAM F. GALVIN,

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in his official capacity as Secretary of the

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Commonwealth of Massachusetts, et al.,

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Defendants.

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__________________________________________)

MEMORANDUM AND ORDER

CASPER, J.

March 14, 2014

I. Introduction

Plaintiffs Bethzaida Delgado (“Delgado”), NAACP-New England Area Conference (“NAACP”) and New England United for Justice (“New England United”) have sued Defendants William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts (“the Secretary”), JudyAnn Bigby, M.D. (“Bigby”), in her official capacity as (now former) Secretary of the Executive Office of Health and Human Services (“HHS”), and Daniel J. Curley, in his official capacity as (now former) Commissioner of the Department of Transitional Assistance (“DTA”), alleging violations of Section 7 of the National Voter Registration Act of 1993, 42 U.S.C. § 1973gg (“NVRA”). D. 1. The Plaintiffs have moved to amend their

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complaint, D. 62, and to compel the Defendants’ responses to their requests for the production of documents, D. 58. The Defendants have moved for a judgment on the pleadings. D. 75.
For the reasons discussed below, the Court ALLOWS the motion to amend, D. 62, ALLOWS IN PART and DENIES IN PART the motion to compel, D. 58, and DENIES the motion for judgment on the pleadings, D. 75. II. Factual Allegations
The facts recited here are as alleged in the complaint, D. 1, unless otherwise noted. A. Background The National Voter Registration Act of 1993, 42 U.S.C. § 1973gg (“NVRA”), mandates that public assistance offices provide voter registration services with each application, recertification, renewal or change of address to their clientele. 42 U.S.C. § 1973gg-5(a)(6)(A); D. 1 at 2. Enacted to make voter registration more “‘convenient and readily available [for] the poor . . . who do not have driver’s licenses and will not come into contact with the other principle [sic] place to register under this Act [namely, motor vehicle departments],’” D. 1 at 2–3 (citing 42 U.S.C. § 1973gg(b)(1) and quoting H.R. Conf. Rep. No. 103-66, at 15 (Apr. 28, 1993)), the NVRA requires all public assistance offices to distribute a voter preference form, which provides information to clients about the voter registration process. Id. ¶ 15 (citing NVRA). The agency must provide the client assistance with completing the form. Id. ¶ 16 (citing NVRA). The Secretary is the Commonwealth’s “chief election official” for NVRA purposes. Id. ¶ 9. As chief election official, he is responsible for coordinating the Commonwealth’s NVRA responsibilities. Id. The NAACP is an organization that, among other missions, encourages voter registration and election participation. Id. ¶ 7. Because of the Commonwealth’s alleged violations of the
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NVRA, described below, the NAACP has sent volunteers to assist low-income people who should have been offered voter registration and education services by the Defendants as required by the NVRA, but were not. Id.
New England United is a non-profit community organization that encourages voter registration and election participation. Id. ¶ 8. After completing interviews of individuals who had visited DTA offices, New England Justice discovered that numerous DTA clients were not receiving NVRA-mandated services and has used additional resources to assist DTA clients in registering to vote. Id.
B. Allegations of State-Wide Violations of the NVRA The Plaintiffs allege that the Commonwealth of Massachusetts has failed to comply with the NVRA through “flawed practices and policies, insufficient oversight and inadequate enforcement,” contributing to an income-based “voter registration gap.” Id. at 3. Delgado, for instance, is a Massachusetts resident who is eligible to register to vote. Id. ¶ 6. She receives public assistance. Id. On June 24, 2011, Delgado visited the DTA office in Lowell to recertify her eligibility for certain benefits. Id. During that visit, she was not offered the opportunity to register to vote or to change her voter registration address. Id. She does not recall ever being offered the opportunity to register to vote at a DTA office or during any of her interactions with the MassHealth enrollment centers, where she also receives services. Id. Between May and December 2011, New England United representatives visited DTA offices in several Massachusetts cities. Id. ¶ 36. During those visits, the DTA offices failed to comply with the NVRA by failing to offer voter registration opportunities, distribute voter registration forms and keep them in supply. Id. ¶ 36.
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C. Notice Letter and Subsequent Meeting with the Secretary On December 8, 2011, the Plaintiffs sent a letter to the Secretary to provide written notice of alleged NVRA violations and requesting that the Commonwealth implement a plan to remedy the violations. Id. ¶ 39. DTA and HHS were copied on the letter. Id. Representatives from the involved parties met to discuss the Plaintiffs’ concerns about NVRA violations on February 9, 2012. Id. ¶ 40. The Plaintiffs allege that the attendees agreed to have a second meeting on February 22, 2012, but that on February 17, 2012, the Defendants’ representatives cancelled the meeting and instead sent a written response to the Plaintiffs’ December 8, 2011 letter. Id. ¶¶ 40, 41. On March 6, 2012, the Secretary’s Elections Director sent a letter to the Plaintiffs describing the “single” change to the voter registration policies that would be implemented by the Commonwealth, id. ¶ 41, which the Plaintiffs found to be unsatisfactory to remedy the alleged NVRA violations. Id. ¶ 39. This suit followed. III. Procedural History The Plaintiffs initiated this suit on May 15, 2012, seeking declaratory and injunctive relief and asking the Court to order that the Defendants comply with Section 7 of the NVRA. D. 1. Since then, the Plaintiffs brought the instant motion to compel the Defendants’ responses to their requests for production, D. 58, and moved for leave to file an amended complaint. D. 62. The Defendants have moved for a judgment on the pleadings. D. 75. After a hearing, the Court took these matters under advisement. D. 104. IV. Standards of Review A. Motion to Amend Complaint
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“The court should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a). “In the absence of any apparent or declared reason—such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.—the leave sought should, as the rules require, be freely given.” Foman v. Davis, 371 U.S. 178, 182 (1962) (quotations omitted).
B. Motion for Judgment on the Pleadings “A motion for judgment on the pleadings is treated much like a Rule 12(b)(6) motion to dismiss.” Perez–Acevedo v. Rivero–Cubano, 520 F.3d 26, 29 (1st Cir. 2008) (citing Curran v. Cousins, 509 F.3d 36, 43–44 (1st Cir. 2007)). “[The] complaint must contain factual allegations that ‘raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true. . . .’” Perez–Acevedo, 520 F.3d at 29 (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “[A]n adequate complaint must provide fair notice to the defendants and state a facially plausible legal claim.” Ocasio–Hernandez v. Fortuño–Burset, 640 F.3d 1, 12 (1st Cir. 2011). The Court must view the facts in the light most favorable to the Plaintiffs. Perez–Acevedo, 520 F.3d at 29 (citation omitted). In reviewing the motion, the Court may consider, in addition to the complaint and answer, “‘documents the authenticity of which are not disputed by the parties; . . . documents central to plaintiffs’ claim; [and] documents sufficiently referred to in the complaint.’” Curran, 509 F.3d at 44 (quoting Watterson v. Page, 987 F.2d 1, 3 (1st Cir. 1993)); NEPSK, Inc. v. Town of Houlton, 283 F.3d 1, 8 (1st Cir. 2002).
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C. Motion to Compel “[Fed. R. Civ. P.] 26(b)(1) allows discovery of ‘any nonprivileged matter that is relevant to any party’s claim or defense.’” In re Subpoena to Witzel, 531 F.3d 113, 118 (1st Cir. 2008) (quoting Fed. R. Civ. P. 26(b)(1)). “A party seeking broader discovery of any matter relevant to the subject matter involved in the action, is required to show good cause to support the request.” In re Subpoena to Witzel, 531 F.3d at 118 (citation and quotations omitted). The moving party bears the burden of showing relevance. Caouette v. OfficeMax, Inc., 352 F. Supp. 2d 134, 136 (D.N.H. 2005). V. Discussion A. The Defendants Were Provided Adequate Pre-Suit Notice The Court first addresses the issue at the center of the instant motions – whether the Plaintiffs’ December 8, 2011 letter was sufficiently specific such that it provided the Defendants with adequate pre-suit notice of their claims, as mandated by the NVRA. The parties do not dispute that a pre-suit demand letter was a prerequisite to filing this lawsuit alleging NVRA violations. 42 U.S.C. § 1973gg-9(b)(1)-(2); see D. 76; D. 86; D. 66 at 8, n.7. The parties also do not dispute that the Plaintiffs in this case sent a demand letter. See D. 76 at 2; D. 86 at 12. Rather, the Defendants contend only that the Court should enter judgment in their favor because the Plaintiffs’ letter was not sufficiently particular; i.e., that it did not make allegations in their letter concerning the Office of Medicaid’s administration of MassHealth or “remote transactions” for public assistance benefits. D. 76 at 2. The face of the NVRA leaves unresolved the specificity required for a demand letter to provide adequate pre-suit notice to a state. Likewise, there is no binding case law on this particular issue concerning the NVRA. The Court concludes, however, after considering the
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stated Congressional purpose of the notice provision, the NVRA’s overall goal to remedy states’ failures to adequately provide voting services to low-income citizens and case law, which the Court finds persuasive, examining the specificity required in a pre-suit notice letter, that the Plaintiffs’ December 8, 2011 notice letter was sufficient to satisfy the NVRA’s notice requirement.
1. Content of the Letter In the December 8, 2011 letter, New England United notified the Secretary that its investigation “demonstrate[d] that Massachusetts [was] systematically failing to provide the voter registration services mandated by the NVRA at its public assistance offices.” D. 1-1. The letter provided a synopsis of the data the Plaintiffs analyzed, ultimately concluding that “the number of voter registration applications submitted at Massachusetts public assistance offices has decreased precipitously in the last decade.” Id. The letter provided statistics regarding voter registration activity at public assistance offices and among low-income residents generally across the Commonwealth. Id. The letter summarized the Commonwealth’s purported non-compliance with the NVRA, providing field observations at DTA and WIC offices. Id. Bigby, Curley, and John Auerbach, Commissioner of the Department of Public Health, were copied on the letter. Id. Finally, the letter stated that it was serving “as a notice letter pursuant to 42 U.S.C. § 1973gg-9(b) in an attempt to obtain compliance with the public assistance provisions of the NVRA without the need for litigation. . . . We are prepared to meet with you and other state officials, at your earliest convenience, to assist in your development of a comprehensive plan for compliance.” Id.
2. Statutory Interpretation Supports the Conclusion that the Letter Was Sufficient
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When interpreting a statute, the Court first “begins with the language of the statute.” In re Hill, 562 F.3d 29, 32 (1st Cir. 2009) (citations omitted). “We assume that the words Congress chose, if not specially defined, carry their plain and ordinary meaning.” Id. (citing Boivin v. Black, 225 F.3d 36, 40 (1st Cir. 2000)). “Absent ambiguity, the inquiry ends with the text of the statute.” Campbell v. Washington Cnty. Technical Coll., 219 F.3d 3, 6 (1st Cir. 2000).
“Of course, plain meaning sometimes must yield if its application would bring about results that are either absurd or antithetical to Congress’s discernible intent.” In re Hill, 562 F.3d at 32. “In determining congressional intent, we employ the traditional tools of statutory construction, including a consideration of the language, structure, purpose, and history of the statute.” Id. (citation omitted). “It is a fundamental canon of statutory construction that the words of a statute must be read in their context and with a view to their place in the overall statutory scheme.” Davis v. Mich. Dept. of Treas., 489 U.S. 803, 809 (1989).
Here, the NVRA’s plain language, the discernible Congressional intent behind the notice requirement and the statutory context weigh in favor of concluding that the notice letter in this case was sufficient.
The NVRA provides for a private right of action in federal court. “A person who is aggrieved by a violation of [the NVRA] may provide written notice of the violation to the chief election official of the State involved.” 42 U.S.C. § 1973gg-9(b)(1). “If the violation is not corrected within 90 days after receipt of [that] notice . . . or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation.” Id. § 1973gg-9(b)(2). By its express terms, the statute does not provide requirements about the contents of this “written notice of the violation.”
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As to congressional intent regarding this provision, the Court notes that a February 25, 1993 report from the Senate Committee on Rules and Administration observed that:
[private civil enforcement] can encourage action to assure that a reasonable effort is undertaken to achieve its objectives in all States and, indeed, it may be essential to the success of such a program in some areas. Private civil enforcement should be designed to assure and to encourage, to the fullest extent possible, the cooperation of local and State election officials responsible for implementation of the voter registration programs. An essential element of an effective civil enforcement program is a requirement for notice of any complaint regarding its implementation to the appropriate election officials together with a process for its administrative resolution before legal action may be commenced.
S. Rep. No. 103-6, at 21 (1993) (recommending passage of the NVRA, which was thereafter enacted on May 20, 1993). See P.L. 103–31, May 20, 1993, 107 Stat. 77. It appears that the Congressional purpose of the notice requirement was to provide the state with notice of its alleged failings and then afford the state some “process” by which it can attempt to cure these alleged failings. Such an articulation is consistent with one of the stated statutory purposes of the NVRA’s implementation – to “establish procedures that will increase the number of eligible citizens who register to vote in elections for Federal office.” 42 U.S.C. § 1973gg(b)(1).
3. Case Law Further Supports a Conclusion that the Notice Letter Was Sufficient
When considered in concert with the discernible Congressional intent to provide notice to election officials of their allegedly improper implementation of the NVRA, relevant case law further supports the Court’s conclusion that the notice letter was sufficient. While few cases address the requisite specificity of a NVRA notice letter, courts have held that the notice requirement was designed to provide states with the opportunity to correct NVRA violations prior to allowing plaintiffs to litigate. See, e.g., Ass’n of Cmty. Organizations for Reform Now v. Miller, 129 F.3d 833, 838 (6th Cir. 1997) (finding that the text and legislative history of the NVRA indicate that notice requirement provides “states in violation of the Act an opportunity to
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attempt compliance before facing litigation”); Ferrand v. Schedler, No. 11-926, 2011 WL 3268700, at *6 (E.D. La. July 21, 2011) (quoting Miller, 129 F.3d at 838). For one example, Georgia State Conference of N.A.A.C.P. v. Kemp, 841 F. Supp. 2d 1320 (N.D. Ga. 2012), involved a factual scenario similar to the facts of the instant case. In Kemp, the plaintiffs’ notice letter alleged that “Georgia [was] systematically failing to provide the voter registration services required under the NVRA at its public assistance offices.” 841 F. Supp. 2d at 1333–34. In concluding that the notice letter was sufficient, the Kemp court found compelling – as does this Court – that “[t]he defendants [] admit[ted] that they were informed of the plaintiffs’ position that Georgia was failing to comply with the mandates of the NVRA in the broadest sense.” Id. at 1334. The court elaborated:
The general proposition—that Georgia was not complying with the mandates of the NVRA, especially with respect to providing voter registration services at public assistance offices and having in place policies to limit any services actually provided to in-person transactions—is set out clearly in the notice letter. The letter’s statistics and investigation results simply serve as factual support for that general proposition. . . . Especially in light of statistics provided in the letter showing a precipitous decline in voter registration through Georgia public assistance offices over a 12–year period, the letter’s content was adequate. Id. Similarly, in Ferrand, the court considered a notice letter similar to the one at issue here. Likewise, the Defendants there contested the sufficiency of the notice letter. Specifically, the state of Louisiana contended that the plaintiffs did not satisfy the notice requirement because the letter “did not identify the specific persons aggrieved for the violations, did not detail the factual bases for the violations, and did not identify the individual offices where the violations allegedly occurred.” Ferrand, 2011 WL 3268700, at *6. The court rejected these arguments, holding that the letter “provided enough detail to enable [the chief election official] to investigate the alleged violations and attempt to comply with the NVRA before facing litigation.” Id. As in Kemp, the Ferrand court held that a notice letter “sent . . . to defendants informing them that Louisiana
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public assistance agencies were not in compliance with the NVRA” was sufficient to satisfy the notice requirement. Id. at *1, *6. Although, as the Defendants note, the notice letter in Ferrand “identified the allegedly non-compliant public assistance offices,” 2011 WL 3268700 at *6, the Court’s focus was on whether the “letter provided enough detail to enable [the chief election officer] to investigate the alleged violations and attempt to comply with the NVRA before facing litigation.” Id.
Here, the Court agrees with the Plaintiffs that the December 8, 2011 notice letter put the Secretary of this Commonwealth, the chief election officer, on notice of allegations of widespread, state-wide NVRA violations at public assistance offices. The letter alleged that “Massachusetts is systematically failing to provide services mandated by the NVRA at its public assistance offices.” D. 1-1. The letter continued: “[i]n short, Massachusetts must change its facially noncompliant policy and institute procedures to ensure that frontline workers perform their federally mandated responsibility to provide voter registration services.” Id. The letter demanded a plan from the Secretary and “other state officials” to develop a “comprehensive plan for compliance.” Id. Further, the letter alleged that Massachusetts’s noncompliance with the NVRA was also a result of “its implementation of a voter registration policy that violates [the NVRA].” Id. The letter claims that agency manuals – including the Voter Registration Workbook for Agencies – provided instructions for voter application distribution that did not comply with the NVRA. Id. As support for these allegations, the notice letter included statewide aggregate statistics informing the Secretary that:
we have determined that the number of voter registration applications submitted at Massachusetts public assistance offices has decreased precipitously in the last decade – from 26,984 at the peak in 1999-2000 to 2,007 in 2009-2010, a reduction of 92.5%. Indeed, this low level of voter registration activity at public assistance offices is reflected in the low voter registration rates of low-income citizens in Massachusetts.
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D. 1-1. The Court finds that these allegations provide sufficient notice that the Plaintiffs were alleging widespread and systemic problems in the Commonwealth with NVRA compliance.
In addition, to the extent the Defendants argue that the letter did not put them on notice of allegations of NVRA violations at the Office of MassHealth, the Plaintiffs not only copied the letter to the HHS Secretary, but also stated in the letter that the HHS Secretary was “responsible to ensure that local offices are implementing the law and thus are responsible for effective supervision of local offices to ensure compliance.” D. 1-1. The Defendants have acknowledged that the Office of MassHealth, like DTA and DPH, is an entity falling under the HHS “umbrella,” D. 66 at 5, n.5, and for the purposes of these motions, the Defendants have not disputed that MassHealth enrollment centers are public assistance offices for NVRA purposes.1 While the Plaintiffs included examples of specific allegations of violations observed at the DTA and WIC offices in their letter, the letter does not specify that only DTA and WIC offices were in violation. To the contrary, the letter refers to “local offices” and general “compliance with public assistance provisions of the NVRA.” D. 1-1.
To the extent the Defendants rely on Nat’l Council of La Raza v. Miller, 914 F. Supp. 2d 1201 (D. Nev. 2012), in support of their position that the notice letter was inadequate, see D. 66 at 11, the Court declines to adopt the interpretation of La Raza offered by the Defendants. In La Raza, the plaintiffs sent a demand letter to the defendants alleging non-compliance with the NVRA and asserting that “field investigations . . . make clear that Nevada’s public assistance offices still have not achieved compliance with their obligations under the NVRA.” La Raza,
1The Defendants describe the Office of MassHealth (also called the Division of Medical Assistance or the Office of Medicaid) as “an entity within [HHS] that administers Medicaid benefits in Massachusetts.” D. 66 at 2; see D. 66 at 12 (“[U]nlike in [Ferrand v.] Schedler, here the Notice Letter failed to identify “the allegedly non-compliant public assistance offices,” because it did not identify MassHealth or the Office of Medicaid”).
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914 F. Supp. 2d at 1205, 1208. The defendants moved to dismiss the complaint, arguing that because the field investigations occurred in December 2011, in sending their demand letter on May 10, 2012, the plaintiffs provided the defendants only 20 days of notice by filing their lawsuit on June 5, 2012. Id. at 1206, 1208–09. The La Raza court held that “the aggrieved person must give notice of the specific violation with the date of its occurrence, and all provisional notice requirements that relate to the violation.” Id. at 1212. However, the La Raza decision focused primarily on the timing of the Plaintiffs’ notice, as opposed to the content of the allegations contained in the notice letter. See id. at 1211. Even insofar as the La Raza court intended to extend its holding to all allegations of “continuous and ongoing” NVRA violations, the Court concludes that such an interpretation would frustrate the purpose of the NVRA where the Commonwealth was on notice of the breadth of its alleged violations of the NVRA.
The Defendants also argue that the “NVRA’s notice requirement serves to give the state an opportunity to cure any putative violations before facing litigation, and only if the specific violation identified by a plaintiff has not been cured.” D. 76 at 9. In support of this position, the Defendants point the Court to the fact that the Plaintiffs “opted not to sue DPH over its administration of the WIC program, based on DPH’s responses to the Notice Letter.” D. 66 at 9– 10. “Had Plaintiffs mentioned MassHealth at all in its Notice Letter, or alleged any NVRA violation in the administration of MassHealth benefits—the way it did with respect to SOC, DTA, and DPH—Defendants could have involved the Office of Medicaid in discussions with Plaintiffs about possible changes, and could have informed Plaintiffs in the Response Letter of actions being taken by MassHealth with respect to NVRA issues.” D. 66 at 10.
The Court finds this argument unavailing. As the Plaintiffs allege in their complaint, and as remains undisputed by the Defendants, on February 9, 2012, representatives of the Plaintiffs
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met with representatives from the Secretary’s office, HHS and DTA to discuss the Plaintiffs’ concerns. D. 1 ¶ 40. On March 6, 2012, the Secretary’s Elections Director sent a written response to the demand letter, id. ¶ 41, reflecting, according to the complaint, a single policy change that would affect public assistance offices, which the Plaintiffs deemed inadequate to resolve their concerns. Id. ¶ 41–43. While the Court acknowledges the Defendants’ argument that were they provided more specific notice as to purported Office of MassHealth violations, they may have opted to take “some opportunity to go back and investigate areas that are subject to some changing requirements and to fully assess whether changes would be necessary or would be possible,” Transcript of Motion Hearing (D. 107 at 39), as discussed above, the Plaintiffs’ complaints in the notice letter applied to all public assistance offices. As discussed above, the Defendants have not disputed that the MassHealth enrollment centers constitute public assistance offices. See also Proposed Amended Complaint (D. 62-1 ¶ 10 (alleging that HHS administers MassHealth, a “public assistance program” and that “[a]ny state office that administers these programs must comply with the requirements of the NVRA”). That is, the Court cannot conclude, given the breadth of the allegations in the December 8, 2011 letter and the course of conduct between the parties after the letter was sent, that the Defendants were without sufficient notice regarding allegations about MassHealth or were effectively foreclosed from remedying this subset of the Plaintiffs’ complaints about widespread NVRA violations. That the Defendants offered a single remedy in response to the notice letter, chose not to pursue DPH and, only after this complaint was filed, reached agreement about certain of the remedies that Plaintiffs sought, D. 35-1, does not compel a different conclusion, particularly where the complaint contained allegations regarding MassHealth. See D. 1 ¶¶ 6, 48–50.
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In sum, the purpose of the notice requirement worked as it was intended to – after receiving notice of the widespread NVRA violations alleged by the Plaintiffs, the parties met and discussed an administrative remedy for the violations, part of which the Defendants then agreed to adopt, but which the Plaintiffs found as inadequate to the breadth of its complaints. Subsequently, the Plaintiffs sought judicial relief, as the NVRA allows.
Defendants’ reliance upon Garcia v. Cecos Int’l, Inc., 761 F.2d 76, 82 (1st Cir. 1985), in support of their argument that had the notice letter more specific, the state would have “far more flexibility in determining how to bring itself into compliance when it’s not being forced to defend itself in litigation,” D. 107 at 39, also does not warrant a different result. While the Court acknowledges the cited proposition in Garcia that “[a]fter the complaint is filed the parties assume an adversary relationship that makes cooperation less likely,” id., the Court notes that the cooperation in this case seems to have already dissolved. The Plaintiffs have filed suit because they concluded that the remedy the Defendants initially offered after the notice letter was not sufficient to resolve what they believe to be systemic flaws in the manner in which the NVRA is being implemented at public assistance agencies across the Commonwealth, D. 1 ¶ 39, and has continued even as the parties have settled certain aspects of their dispute. D. 35-1.
For all of the reasons discussed above, the Court finds that the Plaintiffs’ demand letter was sufficient to provide the Defendants adequate pre-suit notice.
B. The Court Allows Plaintiffs to Amend the Complaint In light of the ruling above that the pre-suit notice letter was sufficient, the Court rules below on the pending motions. First, the Plaintiffs seek to (1) add as a Defendant Kristin Thorn, in her official capacity as Director of the Office of MassHealth and (2) add additional factual allegations to the
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complaint concerning NVRA violations by the Office of MassHealth. D. 62. The NVRA directs
that each state “designate a State officer or employee as the chief State election official to be
responsible for coordination of State responsibilities under this subchapter.” 42 U.S.C. § 1973gg-
8. While it also permits a private right of action to proceed in federal court after such notice to
such chief election official, 42 U.S.C. § 1973gg-9(b), there is nothing in the NVRA that limits such actions to proceeding solely against that official.2
The Defendants argue that the Plaintiffs’ motion to amend was unduly delayed and would cause undue hardship to HHS.3 D. 73 at 10–14. The parties, however, entered into a joint
scheduling agreement, providing that “[e]xcept for good cause show, no motions seeking leave
to add new parties or to amend the pleadings to assert new claims or defenses may be filed after
July 1, 2013.” See D. 37. The Court subsequently adopted this provision of the parties’ jointly
proposed schedule. D. 36, 37. Accordingly, the Court’s scheduling order allow the Plaintiffs to
move to amend their complaint until July 1 and the Plaintiffs moved to amend their complaint on
June 24, 2013, D. 62, within the time frame adopted by the Court. Further, this case has not yet
been scheduled for trial, some discovery disputes remain, and the deadline for filing summary
judgment motions has not yet passed. D. 37; see D. 111.
While the Defendants also assert that adding the Office of MassHealth would “drastically
expand the scope of this litigation,” D. 73 at 12, it is not clear that the parties had not already
anticipated, at least to some extent, that the Plaintiffs would seek to pursue action against this 2Here, the Plaintiffs addressed the demand letter to the chief election official, as required,
but also copied on the letter the other named Defendants, including the HHS Secretary. D. 1-1. 3The Defendants also argue that allowing the amended complaint would be futile because
the Plaintiffs failed to issue pre-suit notice to the Office of MassHealth, as their notice letter “contained no reference whatsoever to MassHealth or the Office of Medicaid.” D. 73 at 5, 7. As discussed above, the notice regarding Office of MassHealth claims was sufficient, and therefore, adding the Office of Medicaid as a Defendant and factual support for such claims in the complaint would not be futile.
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party. Some of the discovery as to this agency has been underway and, in fact, was one of the subjects of the instant motion to compel. See D. 58; see also Plaintiffs’ Requests for Production of Documents (D. 74-1); Notice of Deposition of HHS Secretary (D. 74-2 at 6) (including as deposition topics “EOHHS’s administration of the Medicaid program through MassHealth, including but not limited to . . . whether, and if so how, voter registration services are contemplated within structure and oversight; and who has responsibility for voter registration services in any way” and “[w]hether, and if so how, voter registration services are offered during any MassHealth, Virtual Gateway or other Medicaid application, renewal, recertification, or change of address process . . .”).
For the same reasons, and in light of the Defendants’ same objections, the Court will also allow the Plaintiffs to add facts to their complaint alleging NVRA violations by the Office of MassHealth. D. 62.
Finally, to the extent the Plaintiffs seek to amend the complaint to correct typographical and other formatting errors and to update the names of the named Plaintiffs’ predecessors, the Court allows such amendment. See D. 63 at 2, n. 2; D. 62-1.
For these reasons, the Court ALLOWS the motion to amend.4
4The Defendants have also moved for leave to file a sur-reply brief in opposition to the Plaintiffs’ motion to amend. D. 89. This brief raises only one issue – that the Plaintiffs did not comply with Local Rule 15.1(b) because they failed to properly serve the Office of MassHealth prior to filing the motion to amend. D. 89-1. The Court ALLOWS nunc pro tunc the motion for leave to file the sur-reply brief, D. 89. To the extent the Defendants request that the Court deny the Plaintiffs’ motion to amend on the grounds of improper service, the Court finds that the Plaintiffs’ subsequent July 30, 2013 service, see D. 82, suffices, given that the Defendants have not asserted that late service caused them any prejudice, see D. 89-1, and the Court does not find any such prejudice exists in any event, for the reasons discussed above.
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C. The Court Denies the Motion for Judgment on the Pleadings The Defendants first argue that Delgado should be dismissed from the case because she did not provide pre-suit notice and because the Defendants have cured any alleged NVRA violations pertaining to her. D. 76 at 6. The Plaintiffs have now voluntarily moved to withdraw Delgado as a named Plaintiff. D. 103. The Court ALLOWS that motion, D. 103, and therefore finds that the issue of whether to allow claims brought by Delgado is moot. The Defendants further argue that any allegations made with respect to both the Office of Medicaid and “remote transactions” should be dismissed because the Plaintiffs did not provide the Defendants with adequate pre-suit notice of these claims. The Court has addressed this first issue above and addresses the second issue regarding “remote transactions” below and denies the motion on this basis. Similarly, at the hearing, the Defendants argued in further support of the motion for judgment on the pleadings that because Delgado has withdrawn from the case, and since the only specific reference with respect to MassHealth was in reference to Delgado, the complaint has failed to state a claim in regard to MassHealth. The Court concludes that the facts regarding Delgado, in addition to the additional facts and allegations added in the amended complaint regarding MassHealth, only provide further factual support for the claims already made in the complaint – that the Commonwealth has violated the NVRA by failing to comply with the statute at its public assistance agencies. The Defendants do not appear to contend that the complaint’s factual allegations are wholly inadequate. See D. 76 at 5; D. 107 at 26. Finally, in regard to the “remote transactions,” the Defendants argue that the notice letter raises concerns only about in-person applications, and not “remote transactions,” such as mail, telephone or internet transactions. D. 76 at 8–9. However, as the Defendants conceded at the
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hearing, “there is a fundamental ambiguity in the statute” as to whether the NVRA actually intended to apply to remote transactions. D. 107 at 37. Given this admitted statutory ambiguity, it is not one to be decided at this juncture.5
D. The Court Orders the Defendants to Produce the Requested Documents Pertaining to Public Assistance Agencies___________________________
In light of the above decisions, the Court turns to the Plaintiffs’ motion to compel, D. 58. The Plaintiffs move the Defendants to produce documents responsive to their First Set of Requests for Production of Documents. D. 58. The Plaintiffs seek documents containing information concerning NVRA violations at the Office of MassHealth and documents reflecting communications between the Secretary and other agencies regarding NVRA compliance.6 D. 59 at 2.
1. Documents Related to MassHealth are Relevant The only basis for the Defendants’ objection to the MassHealth documents is that they were not provided adequate pre-suit notice of claims regarding the Office of MassHealth. D. 66 at 7–14. As discussed above, the Court has rejected the Defendants’ position in this regard. Accordingly, the Court finds that the requested documents, which relate to NVRA violations by the Office of MassHealth, are relevant to the Plaintiffs’ claims and therefore ALLOWS the motion to compel production of these documents.
2. The Secretary’s Documents Reflecting Communications with Agencies
5Because the Court denies the motion for judgment on the pleadings on substantive grounds, it need not examine the Plaintiffs’ timeliness argument. See D. 86 at 9–10.
6While the Plaintiffs’ motion also seeks communications sent or received from January 1, 2008 through January 1, 2010, the Court understands that the parties have resolved this issue and need not address it. D. 66 at 2, n. 1.
19

For the same reasons discussed above, the Court rejects the Defendants’ argument that the Secretary need not produce documents related to agencies other than the DTA on the basis that the notice letter was not sufficient. At the hearing and in their papers, the Plaintiffs represented to the Court that they seek only documents regarding NVRA compliance at approximately six public assistance voter registration agencies for which the Secretary is statutorily obligated to ensure compliance with the NVRA; they further represent to the Court that they seek only those documents located within the Secretary’s own files and do not request that the Secretary search the files of every public assistance agency in his purview. D. 59 at 13, n.8; D. 107 at 19. The Court however, agrees with the Defendants to the extent they argue that documents regarding voter registration agencies that are not public assistance agencies, such as the RMV, are not relevant and, therefore, the motion to compel is DENIED to the extent that it seeks RMV documents. The Plaintiffs argue that the requested documents are relevant for comparing the Secretary’s “oversight of voter registration efforts at the Registry of Motor Vehicles with the Secretary’s oversight at public assistance agencies” and in fashioning a remedy. D. 59 at 13. The parties do not dispute that the NVRA has a completely distinct set of requirements for the RMV, which do not reflect on the requirements for public assistance agencies. The Court finds that allowing the Plaintiffs to obtain documents outside of those pertaining to NVRA violations at public assistance agencies stretches beyond the scope of what is relevant to the Plaintiffs’ claims. Therefore, the Court ALLOWS IN PART the Plaintiffs’ motion to compel to the extent that it seeks documents reflecting the Secretary’s communications with public assistance agencies’ NVRA violations and compliance.7
7The Court ALLOWS nunc pro tunc the Plaintiffs’ motion for leave to file a reply in support of the motion to compel, D. 78. The Court considered the proposed reply, D. 78-1, in resolving the motion to compel.
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VI. Conclusion For the above reasons, the Court ALLOWS the motion to amend the complaint, D. 62;
DENIES the Defendants’ motion for judgment on the pleadings, D. 75; ALLOWS IN PART and DENIES IN PART the motion to compel, D. 58; and ORDERS that:
1. The Defendants produce the requested documents regarding the Office of MassHealth and records regarding the Secretary’s communications with other public assistance agencies about NVRA violations and compliance; and
2. The Plaintiffs file within seven days an amended complaint that complies with this Order.
The Court ALLOWS the Plaintiffs’ motion to withdraw Delgado as a named Plaintiff, D. 103, and ALLOWS nunc pro tunc the Plaintiffs’ motion for leave to file a reply in support of the motion to compel, D. 78, and the Defendants’ motion to file a sur-reply to the motion to amend, D. 89.
So Ordered. /s/ Denise J. Casper United States District Judge
21

 
 Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 1 of 32

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE, and

)

)

NEW ENGLAND UNITED FOR JUSTICE, )

)

Plaintiffs,

)

)

v.

)

)

WILLIAM F. GALVIN,

)

in his official capacity as Secretary of the

)

Commonwealth of Massachusetts,

) )

CIVIL ACTION NO.

JOHN POLANOWICZ., in his official capacity as Secretary of the

) )

1:12-cv-10872-DJC

Executive Office of Health and Human

)

Services, and

) )

AMENDED COMPLAINT

STACEY MONAHAN,

)

in her official capacity as Commissioner of the )

Department of Transitional Assistance,

)

)

KRISTIN THORN,

)

in her official capacity as Director of the

)

Office of Medicaid,

)

)

Defendants.

)

)

)

)

Plaintiffs NAACP-New England Area Conference (“NAACP-NEAC”) and New England United for Justice (“NEU4J”), for their Amended Complaint against defendants William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts, John Polanowicz, in his official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”), Stacey Monahan, in her official capacity as Commissioner of the
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 2 of 32
Department of Transitional Assistance (“DTA”), and Kristin Thorn in her official capacity as Director of the Office of Medicaid (“MassHealth”) allege as follows.
INTRODUCTION The right to vote is a fundamental right. Deprivations of that right undermine the American democratic system of government. Unfortunately, flawed practices and policies, insufficient oversight and inadequate enforcement in crucial parts of Massachusetts’ voter registration system have deprived the right to vote to tens of thousands of low income Massachusetts citizens who receive public assistance. For several years, Massachusetts has violated the National Voter Registration Act of 1993 (“NVRA”). The NVRA was enacted, with widespread bipartisan support in Congress, to, inter alia, make voter registration more widely available and accessible to the poor. 42 U.S.C. § 1973gg(b)(1). Section 7 designates all public assistance offices as voter registration agencies. Id. § 1973gg-5(a)(2)(A). Under the NVRA, public assistance offices must provide voter registration services with each application, recertification, renewal, or change of address. Id. § 1973gg-5(a)(6)(A). Specifically, the NVRA requires that all public assistance offices distribute forms that ask their clients if they would like to register to vote and, unless the client declines to register to vote in writing, the NVRA requires that the offices distribute voter registration applications, referred to in Massachusetts as “affidavits,” assist clients in completing the voter registration applications, and accept completed applications and deliver them to election authorities. Id. § 1973gg-5(a)(6)(B). Section 7 seeks to increase the number of registered voters for federal elections and to ensure that voter registration “will be convenient and readily available [for] the poor . . . who do
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 3 of 32
not have driver’s licenses and will not come into contact with the other principle [sic] place to register under this Act [namely, motor vehicle departments].” Id. §1973gg(b)(1); H.R. Rep. No. 103-66, at 15 (1993) (House-Senate Conference Report).
“[N]oncompliance with section 7 [of the NVRA] means the disenfranchisement of millions of low income citizens and a widening of the gap between the registration rates of highand low-income individuals.” Hearing on the National Voter Registration Act, Section 7: The Challenges that Public Assistance Agencies Face, 110th CONG., 2d Sess. 42-796 (2008) (United States Representative Zoe Lofgren, former Chairwoman of the House Subcommittee on Elections). In fact, as a direct result of non-compliance with Section 7, thousands of low income citizens have been disenfranchised in Massachusetts. Massachusetts’ systemic violations of Section 7 -- caused by flawed practices and policies, insufficient oversight and inadequate enforcement -- have contributed to an obvious income-based “voter registration gap.” According to the United States Census Bureau’s Current Population Survey released in November 2010, in 2010, only 58.2% of Massachusetts’ eligible citizens living in a household with a yearly income of less than $25,000 were registered to vote, as compared to 76.9% of eligible citizens living in a household with a yearly income of more than $100,000 – a “voter registration gap” of 18.7%. Based on the same Current Population Survey for the 2008 presidential election year, 86.1% of Massachusetts’ eligible affluent citizens were registered to vote, that is, approximately 10% more than in 2010; but the voter registration rate for low income eligible citizens in 2008 was actually lower than in 2010, 58.1%. These “voter registration gaps” reveal the disenfranchisement of tens of thousands of eligible low income Massachusetts citizens.
But for plaintiffs’ substantial investigative efforts and commencement of this action, Massachusetts’ violations may have remained hidden and unaddressed. Data obtained from
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 4 of 32
offices of the Massachusetts Department of Transitional Assistance (“DTA”) suggest that, in 2011, at least 94.2% of their clients were not provided the voter registration services mandated by Section 7 of the NVRA because they purportedly identified themselves as registered voters. Given the Census Bureau’s voter registration data, the statistical probability that over 94% of DTA clients are registered voters is essentially zero. DTA has recorded similarly incredible percentages of low income voter registrations every year since 2005.
Moreover, the sad truth is that Massachusetts’ NVRA violations are apparently increasing over time. For example, according to statistics reported to the federal government by Massachusetts, Massachusetts public assistance offices submitted 26,984 voter registration applications in 1999-2000. Federal Election Commission, The Impact of The National Voter Registration Act of 1993 on the Administration of Elections for Federal Office, 1999-2000 Table 2, 6 (2001). Ten years later, in 2009-2010, again according to statistics reported to the U.S. Election Assistance Commission by Massachusetts, the number of voter registration applications submitted by Massachusetts public assistance offices had decreased to 2,007 – a reduction of 92.5%. U.S. Election Assistance Commission, 2010 Election Administration & Voting Survey: Massachusetts Response (2011) (Obtained through Public Records Request, on file with Ropes & Gray LLP).
Clearly, widespread systemic violations of the NVRA have prevented tens of thousands of eligible low income Massachusetts citizens from exercising their right to vote in federal elections. Despite these obvious violations, defendants have made little effort to investigate the violations or to develop and implement practices and policies to bring Massachusetts into compliance with the NVRA.
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 5 of 32
As a direct result of defendants’ violations of Section 7 of the NVRA, eligible citizens have been denied the opportunity to register to vote and have thereby been deprived the right to vote. To address defendants’ chronic violations, organizations such as plaintiffs NEU4J and NAACP-NEAC and their members have expended and will continue to expend substantial resources to plan and execute voter registration initiatives that target public assistance clients. But for defendants’ violations, organizations such as plaintiffs NEU4J and NAACP-NEAC would not have diverted their limited resources to such voter registration initiatives.
Plaintiffs bring this action for declaratory and injunctive relief, asking this Court to order defendants to comply with Section 7 of the NVRA. Because the deadline to register for the 2012 federal election is October 17, 2012, plaintiffs seek preliminary injunctive relief, asking this Court to order defendants to immediately develop and implement remedial practices and policies to ensure compliance with the NVRA well in advance of that registration deadline.
Simply stated, plaintiffs ask this Court to order defendants to meet their responsibilities under the NVRA and to assist tens of thousands of eligible but unregistered low income Massachusetts citizens in registering to vote so that they can exercise one of their most fundamental rights and participate in our democratic system.
JURISDICTION AND VENUE (1) This action is brought pursuant to 42 U.S.C. § 1973gg-9(b). (2) This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1343(a). (3) This Court has personal jurisdiction over each defendant because each is a citizen of the Commonwealth of Massachusetts.
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 6 of 32
(4) Venue in this district is proper pursuant to 28 U.S.C. § 1391 because a substantial part of the events giving rise to the claims occurred in this district and the principal place of business of each defendant is in this district.
(5) As described in detail below, an actual and justiciable controversy exists between plaintiffs and defendants.
PARTIES (6) Plaintiff NAACP-NEAC is an organization under the umbrella of the National Association for the Advancement of Colored People, with its principal place of business in Boston, Massachusetts. NAACP-NEAC operates through more than twenty Units – Branches, College Chapters, and Youth Councils – including at least fifteen Branches located throughout Massachusetts. It provides services to more than two thousand members, including members who have applied and/or may apply for, and/or receive and/or may receive, public assistance benefits in Massachusetts, including SNAP, Transitional Aid to Families with Dependent Children (“TAFDC”), Emergency Aid to the Elderly, Disabled, and Children (“EAEDC”), and MassHealth. Voter registration and education are core components of NAACP-NEAC’s mission and are central to the accomplishment of its objectives. Among other things, NAACP-NEAC Branches encourage voter registration and participation in federal and other elections, especially among people of color, and disenfranchised and low income citizens, and have expended, and continue to expend, substantial resources conducting voter registration drives throughout Massachusetts. NAACP-NEAC’s voter registration efforts target voters in low income neighborhoods, including registration of persons who apply for and/or receive public assistance benefits. In 2011, as one of its highest priorities, NAACP-NEAC commenced a campaign in
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 7 of 32
Massachusetts named “This is My Vote,” with voter registration, voter education, and get-outthe-vote activities planned throughout 2011 and 2012.
As a direct result of defendants’ violations of Section 7 of the NVRA, NAACP-NEAC has sent volunteers to assist people with voter registration and voter education who should have been offered those services by defendants. If defendants provided NVRA-mandated voter registration services, NAACP-NEAC could reallocate its volunteers to other activities, including issue-based campaigns, youth programs, collaborative community actions with other organizations, voter protection efforts, and large-scale voter registration drives that broadly target many persons, including persons that Section 7 of the NVRA is not designed to cover.
(7) Plaintiff New England United for Justice (“NEU4J”) is a nonprofit membershipbased community organization with its principal place of business at 1845 Dorchester Avenue, Unit 1, Dorchester, Massachusetts. NEU4J has more than 280 members, including members who have applied for and/or will apply for, and/or receive and/or will receive public assistance benefits in Massachusetts, including SNAP, TAFDC, EAEDC, and MassHealth. NEU4J encourages voter registration and participation in federal, state, and city elections, which are core components of its mission and central to the accomplishment of its objectives, particularly among citizens of color and low income citizens. NEU4J has expended, and continues to expend, substantial resources in conducting voter registration drives throughout Boston. Its current voter registration efforts target voters in low income neighborhoods, including the registration of persons who apply for and/or receive public assistance benefits.
In addition, after completing interviews of individuals visiting DTA offices, which revealed that numerous DTA clients were not receiving NVRA-mandated voter registration forms and assistance, NEU4J has decided that it will devote additional resources to register DTA
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 8 of 32
clients to vote. These efforts divert NEU4J’s limited resources from other activities, including voter mobilization and get-out-the-vote efforts, door-to-door canvassing, candidate forums, neighborhood development efforts, community actions with other organizations, leadership trainings, and voter registration drives in areas to register persons the NVRA is not designed to cover. This diversion of resources would not be necessary if defendants complied with the voter registration assistance requirements mandated by the NVRA.
(8) Defendant William F. Galvin is the Secretary of the Commonwealth of Massachusetts. Mr. Galvin is the chief election official in Massachusetts and is responsible for conducting and overseeing federal elections. In his official capacity, among other things, Mr. Galvin promulgates regulations; issues directives and advisories regarding procedures for conducting federal elections; prescribes voter registration forms and makes them available for distribution; establishes and maintains statewide qualified voter files; develops and implements rules, practices and policies to enforce laws governing federal elections; investigates, or causes to be investigated, compliance with governing election laws; and is responsible for ensuring compliance with the NVRA. He is the “chief election official” responsible for coordination of Massachusetts’ responsibilities under the NVRA.
(9) Defendant John Polanowicz, is the Secretary of the Executive Office of Health and Human Services (“EOHHS”). The EOHHS administers the following public assistance programs: SNAP, EAEDC, MassHealth, and TAFDC (which receives funding from the federal Temporary Assistance for Needy Families (“TANF”) block grant program). Any state office that administers these programs must comply with the requirements of the NVRA. Pursuant to Massachusetts law, EOHHS is the “single state agency” responsible for the administration of MassHealth. See M.G.L.A. 118E § 1.
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 9 of 32
(10) Defendant Stacey Monahan is the Commissioner of the Department of Transitional Assistance (“DTA”), which Massachusetts has designated as a voter registration agency pursuant to the NVRA. The DTA, a Department within the EOHHS, administers SNAP, EAEDC, MassHealth, and TAFDC. In its administration of these programs, DTA must comply with the requirements of the NVRA. In addition, on information and belief, pursuant to Massachusetts law, DTA is the “single state agency” responsible for the administration of SNAP, EAEDC, and TAFDC. See 106 CMR 701.100.
(11) Defendant Kristin Thorn is the Director of the Office of Medicaid (“MassHealth”), a Department within the EOHHS. Pursuant to Massachusetts law, EOHHS is the “single state agency” responsible for the administration of Medicaid and other medical assistance programs, M.G.L.A. 118E §§ 1, 9A, and does so through MassHealth. See 130 CMR 501 et seq. Moreover, Massachusetts has designated MassHealth as a voter registration agency pursuant to the NVRA. See 950 CMR 57.02.
FACTUAL ALLEGATIONS National Voter Registration Act of 1993 (12) The National Voter Registration Act of 1993 (“NVRA”), 42 U.S.C. § 1973gg et seq., has as its principal purpose “establish[ing] procedures that will increase the number of eligible citizens who register to vote in elections for Federal office.” Id. § 1973gg(b)(1). (13) In furtherance of that principal purpose, the NVRA mandates, among other things, that “each state shall designate as voter registration agencies -- (A) all offices in the state that provide public assistance.” 42 U.S.C. § 1973gg-5(a)(2). (14) At each voter registration agency, Section 7 of the NVRA requires that “the following services shall be made available:
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(i) Distribution of mail voter registration application forms . . . (ii) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance. (iii) Acceptance of completed voter registration application forms for transmittal to the appropriate State election official.” 42 U.S.C. § 1973gg-5(a)(4)(A); id. § 1973gg-5(a)(6). Completed voter registration applications must be “transmitted to the appropriate State election official not later than 10 days after the date of acceptance,” id. § 1973gg-5(d)(1), or within 5 days, if accepted “5 days before the last day for registration to vote in an election,” id. § 1973gg-5(d)(2). These services must be offered by all public assistance offices “with each application for . . . [public] assistance, and with each recertification, renewal, or change of address form relating to . . . [public] assistance.” Id. § 1973gg-5(a)(6). (15) Section 7 of the NVRA also requires all public assistance offices to distribute with each application for services, and with each recertification or renewal, and with each change of address form, a voter preference form, sometimes called a “declination form.” The voter preference form provides specific information to clients regarding the voter registration process and asks, “[i]f you are not registered to vote where you live now, would you like to apply to register to vote here today?” The specific information on the voter preference form includes, for example, an explanation that the decision to register to vote will not affect eligibility for public assistance or the amount of benefits. Id. § 1973gg-5(a)(6)(B)(ii). (16) The public assistance agency must provide that client with “the same degree of assistance with regard to the completion of the registration application form as is provided by the
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 11 of 32
office with regard to the completion of its own forms, unless the applicant refuses such assistance.” Id. § 1973gg-5(a)(6)(C).
(17) The NVRA requires that “[e]ach State shall designate a State officer or employee as the chief State election official to be responsible for coordination of State responsibilities” under the NVRA. 42 U.S.C. § 1973gg-8. As previously noted, in Massachusetts, the “chief State election official” is defendant Galvin, the Secretary of the Commonwealth.
(18) The NVRA creates a private right of action for “a person who is aggrieved by a violation” of the NVRA. 42 U.S.C. § 1973gg-9(b)(1). The NVRA requires that, at least 90 days prior to bringing an action to enforce the NVRA, an aggrieved person must give written notice to the “chief State election official” to identify the violation(s) and to provide the State with an opportunity to cure the violation(s) prior to the commencement of an action.
Massachusetts Voter Registration Regulations (19) Massachusetts has adopted regulations (950 CMR 57) to implement the NVRA. (20) 950 CMR 57 states, in part, that it “implements the federal National Voter Registration Act, 42 U.S.C. 1973gg to 1973gg-10.” 950 CMR 57.01. It also states that one of the purposes of the regulations is to “increase the number of eligible citizens who register to vote.” Id. (21) 950 CMR 57.05 requires the Commonwealth to provide voter registration services at designated voter registration agencies. A voter registration agency is defined to include agencies that administer or provide services under the Food Stamp (i.e., SNAP), Medicaid (i.e., MassHealth), EAEDC, and Aid to Families with Dependent Children (i.e., TAFDC) programs. 950 CMR 57.02. (22) 950 CMR 57.05 also requires the Commonwealth to facilitate voter registration. For example, it states that the Secretary of the Commonwealth “shall prepare blank forms for
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affidavits of voter registration and shall supply sufficient quantities of such forms to each voter registration agency.” 950 CMR 57.05(1)(a). Further, the Secretary “shall prepare voter registration declination forms and shall supply such forms in quantities the state secretary deems sufficient.” 950 CMR 57.05(1)(b).
(23) A voter registration application, or “affidavit,” must be distributed with each application for service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance. 950 CMR 57.05(2)(b). Whether an applicant for services or assistance declines to register to vote, or chooses to register to vote, a voter preference form, or “declination form,” must be signed by the applicant and retained by the voter registration agency. 950 CMR 57.05(2)(c), (d). Further, the agency “shall provide the registrant with the same level of assistance in filling out the voter registration [application] as is provided by the agency in completing its own forms.” 950 CMR 57.05(2)(f).
(24) Each voter registration agency must “mail or deliver the original completed affidavit of voter registration to the board of registrars of voters of the city or town where the registrant resides within five days after it is completed by the registrant at the agency.” 950 CMR 57.05(3)(a).
Failure to Offer Voter Registration Opportunities to Public Assistance Agency Clients. (25) Massachusetts must comply with the requirements of the NVRA. (26) Defendant Galvin, as Secretary of the Commonwealth, is the chief election
official responsible for ensuring Massachusetts’ compliance with the NVRA. Among other things, Mr. Galvin is responsible for ensuring that voter registration agencies, including offices through which persons apply for, recertify, renew, or change their addresses for public assistance
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benefits, including SNAP, TAFDC, EAEDC, and MassHealth, provide the voter registration services mandated by Section 7 of the NVRA.
(27) EOHHS, DTA, and MassHealth are state agencies responsible for the administration of public assistance in Massachusetts, including, but not limited to, the administration of SNAP, TAFDC, EAEDC, and MassHealth benefits. EOHHS, DTA, and MassHealth are voter registration agencies under Section 7 of the NVRA, as recognized by the implementing Code of Massachusetts Regulations, 950 CMR 57.02(1)(b), because they administer or provide services under the SNAP, MassHealth, EAEDC and TAFDC programs. Defendant Polanowicz, as Secretary of EOHHS, Defendant Monahan, as Commissioner of DTA, and Defendant Thorn, as Director of the Office of Medicaid, are State officials responsible for ensuring that voter registration materials and services mandated by Section 7 of the NVRA are made available through the public assistance programs offered by EOHHS, DTA, and MassHealth, respectively.
(28) Defendants have violated Section 7 of the NVRA by failing to provide persons who apply, recertify, renew, or change their addresses in connection with public assistance benefits with a voter registration application, a voter preference form, and assistance in completing a voter registration application. These failures also violate Massachusetts regulations implementing the NVRA. 950 CMR 57.
(29) United States Census Bureau data strongly suggests that Massachusetts public assistance offices are not performing their voter registration obligations under the NVRA. According to the November 2008 United States Census Bureau Current Population Survey, in 2008, only 58.1% of low income eligible Massachusetts citizens were registered to vote compared to 86.1% affluent Massachusetts eligible citizens, an income-based “voter registration
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gap” of 28%. In 2010, according to the November 2010 edition of the same Survey, 58.2% of low income eligible Massachusetts citizens were registered to vote compared to 76.9% affluent Massachusetts eligible citizens, an income-based “voter registration gap” of over 18%.
(30) Available reports of NVRA public assistance office voter registration data do not indicate that Massachusetts public assistance offices comply with NVRA requirements. Massachusetts is required, pursuant to federal regulations, see, e.g., 11 C.F.R. § 9428.7, to report voter registration data, including numbers of voter registration applications submitted by voter registration agencies, to the U.S. Election Assistance Commission (“EAC”). Massachusetts submitted certain information to the EAC in 2010. However, information regarding voter registration applications, including those from public assistance offices, was submitted in an unusable format and was therefore not included in the EAC’s annual NVRA reports. U.S. Election Assistance Commission, The Impact of The National Voter Registration Act of 1993 on the Administration of Elections for Federal Office, 2009-2010 39 (2011). More specifically, Massachusetts did not aggregate the number of voter registration applications received from public assistance offices, making it prohibitively burdensome for the EAC to analyze the information submitted by Massachusetts. U.S. Election Assistance Commission, 2010 Election Administration & Voting Survey: Massachusetts Response (2011) (Obtained through Public Records Request, on file with Ropes & Gray LLP). As a result, the EAC’s 2010 annual report to Congress did not include information regarding Massachusetts’ compliance with Section 7. U.S. Election Assistance Commission, The Impact of The National Voter Registration Act of 1993 on the Administration of Elections for Federal Office, 2009-2010 (2011).
(31) Moreover, data produced by the DTA itself, in response to a Public Records Act Request by plaintiffs’ counsel, confirm that public assistance offices are not providing voter
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registration services required by the NVRA. A comparison of the number of persons registering to vote through DTA offices with the number of persons receiving SNAP benefits demonstrates that those offices are not complying with the requirements of the NVRA. As indicated in the chart below, for the past seven years, significantly fewer than 1% of the DTA’s SNAP clients have submitted voter registration applications to DTA offices.

Voter Registration
(“VR”) Applications Year Submitted

2005

748

2006

871

2007

901

2008

1252

2009

764

2010

516

2011

570

SNAP Applications Submitted
214,855 157, 646 168, 316 219,592 269,022 239,795 240,149

Ratio of VR to SNAP Apps (%) 0.34%
0.55%
0.55%
0.57%
0.28%
0.22%
0.24%

(32) The DTA’s non-compliance with the NVRA is also shown by its own computerized client survey records. For the past seven years (2005-2011), DTA has utilized a computerized process, known as BEACON, to process benefits-related transactions. As designed and intended, under BEACON, DTA personnel cannot complete a client’s application, recertification or renewal, or change of address, without inputting the answer to the question, is “everyone 18 or older in [the] Assistance Unit who is a U.S. citizen and a Massachusetts resident

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currently registered to vote at your current address,”1 and, if the answer to that question is that an eligible resident within the Assistance Unit is not registered to vote, without also inputting the answer to whether any such person wishes to register to vote.
There is a “hard stop” step in the computer program which must be completed before the computerized process will proceed. For each of the past seven years, according to data produced in response to the Public Records Act Request, BEACON has reported that over 94% of all DTA clients have answered that everyone 18 or older in their home is registered to vote. In other words, notwithstanding the fact that, according to the United States Census Bureau 2010 survey, only 58.2% of eligible Massachusetts low income citizens were registered to vote, the BEACON DTA data suggest that over 94% of DTA clients are registered voters. Given the Census Bureau data, the statistical probability that over 94% of DTA clients were registered voters is essentially zero.
(33) Upon information and belief, it is far more likely that DTA personnel have proceeded past the “hard stop” step in the BEACON computer program by inputting an answer in response to the voter registration question without actually asking the client the voter registration question; by answering that a client is already registered when he or she fails to answer the question; and/or by failing to explain the voter registration question when “assisting” a client in completing benefits forms.
(34) The same DTA BEACON data also indicate that DTA offices are not distributing voter registration applications or voter preference forms to all clients, as required by the NVRA. Public assistance agencies are required to distribute a voter preference form with each
1 Upon information and belief, DTA recently reworded this question to ask whether there is “anyone 18 or older who is currently NOT registered to vote at your current address.” Upon information and belief, DTA has made no other changes to the BEACON computerized process.
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application for service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance. 42 U.S.C. § 1973gg-5(a)(6)(A). Public assistance agencies are further required to distribute a voter registration application “unless the applicant, in writing, declines to register to vote.” Id. at § 1973gg-5(a)(6). DTA’s data show that when the first BEACON question response is inputted as “everyone in the client’s home is already registered to vote,” not only is no voter registration application distributed, but also no voter preference form is completed. In other words, based on the DTA data produced, DTA personnel have failed to distribute voter registration applications to 94% of its clients even though no voter preference form containing a written declination was completed.
(35) DTA is further required by the NVRA, as implemented by 950 CMR 57.05(2), to preserve voter preference forms. Specifically, “[i]f the applicant declines to register to vote, the declination form shall be signed by the applicant, and retained by the registration agency.” 950 CMR 57.05(2)(c). The suspect nature of the DTA’s BEACON system and DTA’s apparent noncompliance with NVRA requirements are further evidenced by the revelation that, according to DTA 2011 records, not a single DTA client who had responded that he or she was already registered to vote completed a voter preference form that was retained by a DTA office.
(36) Between May and December 2011, NEU4J visited DTA offices in Boston, Holyoke, Lawrence, Lowell, Springfield, Worcester, Pittsfield, and Fitchburg, and spoke to office personnel, as well as individuals leaving those offices who had visited to apply for, recertify, renew, or change their address in connection with SNAP, EAEDC, TAFDC, or MassHealth benefits. Information compiled during these visits confirm widespread violations of Section 7 of the NVRA. Specific violations at DTA offices include:
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(i) Failure to offer voter registration opportunities. Of the 174 public assistance clients interviewed, 129, or 74%, reported that they received no offer of voter registration in any manner. They did not see any voter registration question on any DTA forms; they were not asked by any DTA personnel about voter registration; they were not offered a voter registration application; and they were given no assistance whatsoever in registering to vote.
(ii) Failure to distribute voter registration applications. As previously noted, the NVRA requires public assistance offices to distribute voter registration applications to each client unless he or she completes a written declination of his or her right to register to vote. 42 U.S.C. § 1973gg-5(a)(6)(A). Similarly, pursuant to Massachusetts regulation, 950 CMR 57.05(2)(c), “[i]f the applicant declines to register to vote, the declination form shall be signed by the applicant, and retained by the registration agency.” By definition, a failure to provide a response to the written voter preference form is not a statement “in writing” that satisfies an agency’s obligation to provide a voter registration application. Of the 146 interviewed clients who did not provide a response to the NVRA-mandated voter registration question – either because they did not see the question or because they left it blank – 139 (approximately 95%) were not provided with a voter registration application.
(iii) Failure to keep voter registration applications and materials in supply and generally available. The failure to stock voter registration materials also suggests broader non-compliance with Section 7 of the NVRA and 950 CMR 57.05(1)(a) and (b). For example, although the Elections Director of the
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Secretary of the Commonwealth has asserted (in a letter to plaintiffs’ counsel dated March 6, 2012) that the Secretary of the Commonwealth has always made posters regarding violations of election laws/penalties and “register to vote here” signs available to all public assistance offices, no signs or posters were observed at any of the DTA offices visited. Similarly, although the Secretary has purportedly always made voter registration applications and mail-in voter registration applications available to all public assistance offices in multiple languages, in only one DTA office of the nine visited were voter registration applications – in any language – observed at the office intake counter. (37) The NVRA (42 U.S.C. § 1973gg-5(a)(6)) requires that public assistance offices designated as voter registration agencies “distribute with each application for such service or assistance, and with each recertification, renewal, or change of address form,” a voter registration application and a voter preference form. Significantly, “Virtual Gateway,” an online portal operated by the EOHHS that provides information about a broad range of social services for low income persons, including food stamps and Medicaid, offers no voter registration information. Because a Massachusetts citizen can apply for public assistance through “Virtual Gateway,” it triggers the requirements of the NVRA. And, upon information and belief, while this online registration system requests an applicant’s personal information (including age and citizenship status), it does not ask about voter eligibility or registration status. Voter registration is neither available through “Virtual Gateway” menu options, nor is it listed among its index of available services. Defendants’ failure to provide voter registration applications and voter
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preference forms through “Virtual Gateway” is symptomatic of Massachusetts’ systemic non-
compliance with the NVRA.
(38) As of June 21, 2013, the application process for benefits through MassHealth violates the NVRA as well.2 To apply for MassHealth benefits, applicants may print the Medical
Benefit Request (“MBR”) form from the MassHealth website, enter their information, and send
the completed form to the MassHealth Enrollment Center’s PO Box. This procedure violates the
NVRA, because the MBR application form contains no voter preference form, which the statute
requires to be distributed with each application. 42 U.S.C. § 1973gg-5(a)(6)(B). The MBR form
also omits a voter registration application, even though its webpage notes that a registration form is included in the application package.3 MassHealth’s change of address form omits a voter registration question as well, in further violation of 42 U.S.C. § 1973gg-5(a)(6)(B).4 To be sure, a link for downloading a voter registration form appears elsewhere on MassHealth’s website.5
Such a link, however, does not satisfy the NVRA’s requirement that voter registration agencies
“shall distribute with each application for such service or assistance . . . the mail voter
registration form.” Id.
(39) Defendants’ widespread violations of the NVRA and disregard for voter
registration rights of public assistance clients is remarkable given the Massachusetts
Constitution’s guarantee of the right to vote to every citizen of the Commonwealth of
2 Since this violation of the NVRA has occurred within 30 days of the Federal Senate Special Election, taking place on June 25, 2013, no notice is required prior to bringing suit. 42 U.S.C. § 1973gg-9(b)(3). Nevertheless, as MassHealth is a voter registration agency overseen by EOHHS, notice was properly given on December 8, 2011. See infra at ¶ 41. 3 See MassHealth, How to Apply, http://www.mass.gov/eohhs/consumer/insurance/masshealthapply/under-65-and-families/how-to-apply.html (last visited June 21, 2013). 4 See Change of Address Form, http://www.mass.gov/eohhs/docs/masshealth/pe006.pdf (last visited June 21, 2013). 5 See Apply for MassHealth, http://www.mass.gov/eohhs/consumer/insurance/masshealth-apply/ (last visited June 21, 2013).
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Massachusetts. Mass. Const. pt. 1, art. IX. The Massachusetts Supreme Judicial Court has long recognized that being left off voter registration rolls deprives one of the right to vote and is a violation of the Massachusetts Constitution. Santana v. Registrars of Voters of Worcester, 384 Mass. 487, 492 (1981); Lincoln v. Hapgood, 11 Mass. 350, 355 (1814). Defendants’ failure to comply with the requirements of the NVRA prevents tens of thousands of low income Massachusetts citizens from registering to vote, and so prevents them from exercising their right to vote.
(40) On December 8, 2011, a letter was sent to defendant Galvin, on behalf of “New England United for Justice, persons eligible to register to vote that it represents, and others similarly situated,” to “provide written notice of the violation [of Section 7 of the NVRA] to the chief election official of the State,” as required by the NVRA. 42 U.S.C. § 1973gg-9. The notice stated that, unless Massachusetts implemented a plan to remedy the violations of the NVRA within 90 days, NEU4J would commence litigation. (A copy of the December 8, 2011 notice letter is attached hereto as Exhibit A.) JudyAnn Bigby, M.D., and Daniel J. Curley – who were at the time Secretary of EOHHS and Commissioner of DTA, respectively – were sent a copy of the notice on the same day. The violations of the NVRA described in the notice letter have not been remedied.
(41) On February 9, 2012, representatives of plaintiffs met with representatives from, among others, the offices of the Secretary of the Commonwealth, EOHHS, and DTA to discuss Massachusetts’ NVRA violations. At the conclusion of that meeting, all attendees agreed to reconvene for additional discussions two weeks later, on February 22, 2012. On February 17, 2012, however, defendants’ representatives unilaterally cancelled the second meeting and
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refused to conduct any further discussions before the 90-day deadline, opting instead to provide a written response to the December 8, 2011 notice letter.
(42) On March 6, 2012, the Elections Director of the Secretary of the Commonwealth sent a response letter to plaintiffs’ representatives. That letter describes a single change in policy by the Secretary. Previously, public assistance offices were directed not to provide a voter registration application to any client who left the voter registration question on the voter preference form blank, a clear violation of NVRA requirements. The Elections Director’s letter states that, going forward, public assistance offices would be directed to provide a voter registration application to any client who does not provide a written declination of the opportunity to register to vote – as has always been required by the NVRA. While this change in policy, reportedly to be accompanied by planned updates to the “Agency Voter Registration Workbook” and the “Agency Script,” is clearly necessary to comply with the NVRA, the March 6, 2012 letter is silent regarding how the policy change would be implemented or enforced.
The Elections Director’s letter states that the policy change was communicated to public assistance agencies in March of 2012. However, such a communication, standing alone, does nothing to ensure that the policy change is implemented by agency personnel. Given the historical policies and practices of these agencies to provide a voter registration application if and only if a client answered the voter registration question affirmatively – that is, specifically stating in writing on the voter preference form that he or she would like to register to vote – the Secretary’s change in policy – unaccompanied by any implementation or enforcement procedures – does not remedy Massachusetts’ violations of Section 7 of the NVRA.
(43) The March 6, 2012 letter fails to mention any other change in policy or procedure to ensure that voter registration applications and materials would be distributed and displayed; or
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to ensure that voter registration services would be provided to public assistance agency clients. Throughout her letter, the Elections Director simply summarizes requirements of the NVRA, without offering any evidence that the voter registration agencies have adopted practices and policies that satisfy those requirements. By way of example only, the Elections Director writes that “[p]ursuant to the NVRA, as well as state law and regulations promulgated by the Secretary of the Commonwealth . . . the declination form must be distributed with each application for service or assistance, recertification, renewal, or change of address.” That is indeed a correct statement of federal and state law. However, there is no evidence that, for example, supervision and oversight of compliance with this legal requirement has been initiated, or that enforcement procedures have been implemented. Similarly, the Elections Director writes that “[t]he same level of assistance must be provided in completing the voter registration form as is provided by the agency in completing its own forms, unless the registrant refuses assistance.” This is essentially a quotation of 950 CMR § 57.05(2)(e). However, the letter provides no information regarding whether this legal requirement has been followed; overseen through regular supervision; or enforced through compliance procedures. Such empty recitations of law appear throughout the response letter.
(44) In addition, many of the practices described in the March 6, 2012 letter have been required throughout the many years of Massachusetts’ violations of Section 7 of the NVRA. While certain of these practices may be necessary to ensure compliance with the requirements of the NVRA, they have proven to be woefully inadequate without additional policies, practices and procedures. For example, the Elections Director notes that, in terms of staffing, Massachusetts has “maintained a NVRA coordinator in the Elections Division” since the NVRA’s enactment in 1993. The NVRA coordinator has purportedly “[c]onsistently . . . met with agency contacts to
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provide information and training on the NVRA and to address any issues that arise.” In addition, according to the Elections Director, the Secretary’s office “has always made itself available to conduct trainings for any agency.” While laudable, these practices alone have obviously not prevented Massachusetts’ systemic violations of the NVRA. There is no reason to believe that they will be effective in the future. For example, there is no commitment or directive that there will be regular meetings with agency officials; that such meetings will focus on affirmative steps to achieve compliance with the NVRA; or that procedures will be developed and implemented to oversee and enforce compliance with the NVRA. Similarly, although the Secretary’s Office claims to be preparing a PowerPoint training module that will be made available to all public assistance agencies, there is no explanation regarding what NVRA content would be covered; no explanation of when or how the module would be made available or distributed to agencies; and no explanation of how the module would be incorporated into the agencies’ regular training.
(45) With respect to DTA in particular, the March 6, 2012 response letter again cites to existing and demonstrably inadequate practices. For example, the Elections Director notes that DTA “has had and continues to have a designated NVRA Coordinator on staff.” While this is a necessary requirement to ensure compliance with the NVRA, the letter provides no information regarding how the Coordinator oversees NVRA compliance or addresses evidence of noncompliance.
DTA’s BEACON computerized system is yet another example of an obviously inadequate part of a compliance system. The March 6, 2012 letter notes that BEACON “requires that all the appropriate voter registration questions be asked for its benefit program applicants/participants,” and that the computer program includes a “hard stop” that prevents a DTA client from completing a benefits application without first answering the NVRA-required
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 25 of 32
voter registration questions. But, as previously noted, the incredible data reported by DTA indicate that DTA personnel are more than likely bypassing this “hard stop” by inputting “answers” without actually asking the clients the question. If the voter registration questions are not asked and voter preference forms are not distributed, any change in policy regarding voter preference form blanks is irrelevant. The Executive Director notes that the BEACON system can identify DTA public assistance offices with low voter registration rates, but goes no further. Without additional training, supervision, oversight and enforcement procedures to ensure that DTA personnel follow the updated BEACON Users’ Guide and BEACON Help Instructions, the BEACON’s “hard-stop” step and data do nothing to ensure that DTA personnel will offer and provide NVRA-mandated services.
Planned DTA changes, although desirable, are inadequate unless implemented and enforced. For example, the Executive Director’s March 6, 2012 letter states that DTA “will . . . designate a local office manager, who will see that voter registration procedures are being met, forms are available and posters posted,” but offers no details, for example, on when the manager would be selected or how the manager will enforce compliance with NVRA requirements. It similarly notes that DTA “is increasing its monitoring of NVRA activities during this election year and will work to address any issues that are identified in 2012 and subsequent years,” which suggests that no additional changes are contemplated until after the 2012 federal elections.
(46) Furthermore, even if defendants were now to adopt and fully implement the practices and policies described in the March 6, 2012 letter, much more is needed to remedy Massachusetts’ woeful history of violations. For several years, defendants have either disregarded or ignored the precipitous decline in voter registrations reported by public assistance offices. Over the years, Massachusetts’ violations of Section 7 of the NVRA have directly
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 26 of 32
caused tens of thousands of eligible low income citizens to lose their right to register to vote, and, as a direct result, they have been disenfranchised. To remedy these violations and to provide eligible low income Massachusetts citizens opportunities to exercise their right to register to vote in time for the fast-approaching 2012 federal election, preliminary injunctive relief is needed.
NAACP-New England Area Conference Voter Registration Efforts. (47) NAACP-NEAC seeks to achieve equality of rights among all Massachusetts residents. It especially encourages participation in federal and state elections by traditionally underrepresented groups. Massachusetts’ continuing widespread violations of Section 7 of the NVRA have frustrated NAACP-NEAC’s efforts, as many low income and citizens of color have been deprived of opportunities to register to vote at DTA offices. But for defendants’ violations of the NVRA, NAACP-NEAC volunteers and members would not have expended as much of their limited resources assisting these Massachusetts citizens with voter registration. (48) NAACP-NEAC Branches organize and conduct numerous voter registration drives throughout Massachusetts. They devote substantial resources to voter registration drives every year. In promoting these drives in communities, NAACP-NEAC organizers target, among others, families who live in low income housing. If public assistance offices throughout Massachusetts were complying with the requirements of the NVRA, NAACP-NEAC would expend fewer resources on voter registration drives in communities where DTA clients should be offered voter registration opportunities at DTA offices. But for defendants’ violations of Section 7 of the NVRA, NAACP-NEAC would be able to allocate substantial resources to other activities central to its mission. This diversion of NAACP-NEAC’s limited resources will continue unless and until defendants’ violations are remedied.
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New England United for Justice Voter Registration Efforts. (49) NEU4J supports the civil rights efforts of low income Massachusetts residents, especially within those communities where its members reside, with a specific focus on the communities in Dorchester, Roxbury, and Mattapan. NEU4J targets low income residential areas where voter turnout and participation are historically low, and educates and empowers residents by assisting them in registering to vote and by encouraging them to participate in federal and state elections. NEU4J efforts include voter outreach, such as door-to-door canvassing and telephone drives, which depend on volunteer participation. NEU4J has also partnered with other Massachusetts organizations, such as the NAACP-NEAC and MassVote, in large-scale outreach programs. As a direct result of defendants’ violations of Section 7 of the NVRA, NEU4J and its members have expended and, unless and until defendants’ violations of the NVRA are remedied, will continue to expend substantial resources to assist public assistance applicants and recipients to register to vote. By way of example only, upon learning from clients visiting DTA offices that they were not being offered NVRA-mandated voter registration services, NEU4J began developing plans to register voters visiting those offices. These plans diverted NEU4J resources that would otherwise be expended on different voter education and voter registration activities. The diversions of NEU4J and its members’ resources will continue unless and until defendants’ violations of Section 7 of the NVRA are remedied. (50) NEU4J is also actively involved in many community improvement initiatives targeting local, state, and federal issues facing low income families, including paid sick leave, Social Security and Medicaid benefits, tax reform and improving local city, state, and federal budget deficit efforts. As a direct result of defendants’ NVRA violations, NEU4J has diverted, and will continue to divert, its limited resources away from these other initiatives.
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CLAIMS FOR RELIEF Violation of Section 7 of the National Voter Registration Act of 1993 (51) Plaintiffs incorporate by reference the allegations contained in paragraphs 1 through 57 as if fully set forth herein. (52) As a consequence of their past and continuing failures to provide voter registration materials and services required by Section 7, defendants have violated and continue to violate the NVRA. (53) Plaintiffs are aggrieved by defendants’ past and continuing violations of the NVRA, and have no adequate remedy at law. Declaratory and injunctive relief are required to remedy defendants’ past and continuing violations of the NVRA and to ensure defendants’ future compliance with the NVRA.
PRAYERS FOR RELIEF WHEREFORE, plaintiffs respectfully request that this Court enter judgment in their favor and enter an order: (i) Declaring, pursuant to 28 U.S.C. § 2201 and 42 U.S.C. § 1973gg-9(b)(2), that defendants have violated Section 7 of the NVRA, 42 U.S.C. § 1973gg-5, by failing to provide the NVRA-required voter registration materials and services through public assistance offices, including EOHHS, DTA, and MassHealth; (ii) Preliminarily and permanently enjoining defendants, their officers, agents servants, employees and successors in office, and all persons in active concert or participation with them, from failing to develop, implement and enforce practices and policies to ensure compliance with Section 7 of the NVRA, 42 U.S.C. § 1973gg-5;
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(iii) Directing defendants, under a court-approved plan with appropriate mandatory reporting and monitoring requirements, to take all actions necessary to remedy the past and continuing violations of Section 7 of the NVRA, including, without limitation, ensuring that all persons affected by defendants’ violations of Section 7 of the NVRA are provided opportunities to register to vote or to change their voter registration addresses to enable them to vote in the 2012 federal election;
(iv) Directing defendants, under a court-approved plan with appropriate mandatory reporting and monitoring requirements, to take all actions necessary to ensure future compliance with the requirements of Section 7 of the NVRA, 42 U.S.C. § 1973gg-5, including, without limitation, practices and policies for distribution of voter registration applications and voter preference forms; training and monitoring public assistance agency personnel to ensure that all public assistance offices are distributing a voter registration application form to each person who applies for public assistance benefits, and to each person who recertifies, renews, and/or changes an address for benefits; inquiring of all such persons, in writing, whether they want to register to vote or change their voter registration addresses, and providing to them the NVRA-required information concerning the voter registration process; assisting such persons in completing voter registration applications to the same level of assistance that is provided with other public assistance forms; accepting completed voter registration applications, and timely transmitting completed registration forms to appropriate election authorities; and retaining voter registration declination forms;
(v) Awarding plaintiffs the costs and disbursements incurred in connection with this action, including, without limitation, their reasonable attorneys’ fees, expenses, and costs, pursuant to 42 U.S.C. § 1973gg-9(c);
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(vi) Retaining jurisdiction over this action to ensure that defendants are complying with any order(s) issued by this Court and with their obligations under the NVRA; and
(vii) Awarding such additional relief as to this Court seems just and proper.

Dated: March 17, 2014

NAACP-NEW ENGLAND AREA CONFERENCE and NEW ENGLAND UNITED FOR JUSTICE
By their attorneys,
/s/ John Kenneth Felter John Kenneth Felter (BBO#162540) Eugene L. Morgulis (BBO#675429) ROPES & GRAY LLP Prudential Tower 800 Boylston Street Boston, Massachusetts 02199-3600 (617) 951-7000 ken.felter@ropesgray.com eugene.morgulis@ropesgray.com
Lisa Danetz (BBO #645998) Dēmos 358 Chestnut Hill Avenue, Suite 303 Brighton, Massachusetts 02135 (617) 232-5885 ldanetz@demos.org
Bob Kengle (admitted pro hac vice) bkengle@lawyerscommittee.org Lawyers’ Committee for Civil Rights Under Law 1401 New York Avenue, N.W., Suite 400 Washington, D.C. 20005 (202) 662-8321
Sarah Brannon (admitted pro hac vice) sbrannon@projectvote.org Project Vote 1350 I Street, NW, Suite 1250 Washington, DC 20005 (202) 546-4173

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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 31 of 32 Rahsaan Hall (BBO #645369) Lawyers' Committee for Civil Rights and Economic Justice 294 Washington St., Ste #443 Boston, MA 02108 (617)988-0608 rhall@lawyerscom.org Attorneys for Plaintiffs NAACP-New England Area Conference and New England United for Justice
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Case 1:12-cv-10872-DJC Document 143 Filed 03/17/14 Page 32 of 32 CERTIFICATE OF SERVICE
I certify that this document filed through the ECF system will be sent electronically to registered participants as identified on the Notice of Electronic Filing (NEF) and that paper copies will be sent to those indicated as non-registered participants on today’s date.
/s/ Thomas R. Lipton_________ Thomas R. Lipton
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 Case 1:12-cv-10872-DJC Document 224-2 Filed 06/17/15 Page 1 of 29
EXHIBIT B

Case 1:12-cv-10872-DJC Document 224-2 Filed 06/17/15 Page 2 of 29
SETTLEMENT AGREEMENT
I. Introduction
Plaintiffs New England Area Conference of the National Association for the Advancement of Colored People (“NAACP-NEAC”) and New England United for Justice (“NEU4J”) (collectively “Plaintiffs”)1 brought this Action alleging violations of Section 7 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20506 (formerly 42 U.S.C. § 1973gg-5), by William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts (“SOC”); Marylou Sudders (as successor to John Polanowicz), in her official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”); Jeff McCue (as successor to Stacey Monahan), in his official capacity as Acting Commissioner of the Department of Transitional Assistance (“DTA”); and Daniel Tsai (as successor to Kristin Thorn), in his official capacity as Director of the Office of Medicaid (“MassHealth”) (collectively “Defendants”). The Complaint was filed on May 15, 2012 against the SOC, DTA, and EOHHS. An Amended Complaint, adding MassHealth as a Defendant, was filed with the Court’s approval on March 17, 2014 (Dkt. Nos. 138 and 143). Plaintiffs allege widespread past and ongoing violations of Section 7 of the NVRA by Defendants and are seeking declaratory and injunctive relief. Defendants, for their part, deny the allegations and any violation of law.
On March 18, 2015, Plaintiffs and DTA entered into a settlement agreement (Dkt. No. 213-1) (“DTA Settlement Agreement”) and jointly moved the Court to enter an order of final judgment dismissing Plaintiffs’ claims as to DTA only. The Court entered an order of dismissal as to DTA only on March 20, 2015 (Dkt. No. 215).
Plaintiffs and the SOC now desire to resolve and settle this Action without further litigation and expense. Plaintiffs and the SOC agree to the following terms in full and final resolution and settlement, and dismissal with prejudice, of Plaintiffs’ claims against the SOC in this Action, as defined in Section IV. By entering into this settlement agreement (“Agreement”), the SOC does not admit any liability or any violation of the NVRA or any other law, and this Agreement shall not constitute evidence of any wrongdoing or violation of law. This Agreement does not resolve or settle Plaintiffs’ claims under Section 7 of the NVRA brought against Defendants EOHHS and MassHealth.
II. Definitions
A. “Action” means this action, New England Area Conference of the National Association for the Advancement of Colored People, et al. v. Galvin, et al., Civil Action No. 1:12-cv-10872-DJC (D. Mass).
B. “Agency Code” means a code on a Voter Registration Application that identifies the Voter Registration Agency that distributed the Voter Registration Application.
1 Bethzaida Delgado, originally a plaintiff in this Action, was voluntarily dismissed on March 14, 2014 (Dkt. No. 138).
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C. “Agency Voter Registration Application” means a Voter Registration Application prepared by the SOC and intended for use during In-Person Transactions at Voter Registration Agencies. The Agency Voter Registration Application contains a space to insert an Agency Code.
D. “Central Registry of Voters” means the statewide database of registered voters in Massachusetts maintained by the SOC pursuant to G. L. c. 51, § 47C, also known as the Voter Registration Information System (“VRIS”).
E. “Client” means any individual who is applying for Public Assistance Benefits, including an individual who has authorized one or more representatives to act on his or her behalf, or any individual who is receiving Public Assistance Benefits.
F. “Covered Transaction” means a transaction in which a Client applies for Public Assistance Benefits, renews or recertifies the Client’s eligibility for Public Assistance Benefits, or submits a change of address related to the receipt of Public Assistance Benefits, whether in-person at a Public Assistance Agency (i.e., an InPerson Transaction), or through remote methods, including without limitation, the telephone, facsimile, mail, electronic means, or the Internet (i.e., a Remote Transaction).
G. “DTA” means the Massachusetts Department of Transitional Assistance and includes, without limitation, its offices, agents and employees.
H. “Duplicate Voter Registration” means any Voter Registration Application that identically matches an existing voter registration record contained in VRIS, including all of the following: first name, last name, date of birth, party affiliation, residential address, and mailing address.
I. “Effective Date” means the date on which this Agreement shall become effective, that is, the date on which the [Proposed] Order of Final Judgment, in the form attached hereto as Exhibit A, is entered by the Court.
J. “EOHHS” means the Executive Office of Health and Human Services and includes, without limitation, its offices, agents and employees.
K. “Execution Date” means the last date on which this Agreement is signed by all Plaintiffs and the SOC.
L. “In-Person Transaction” means a Covered Transaction that is performed by a Client who is physically present at a Public Assistance Agency.
M. “Local Election Official” (or “LEO”) means any “registrar[]” or “registrar[] of voters,” as defined in G. L. c. 50, § 1.
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N. “Mail-in Voter Registration Application” means a Voter Registration Application prepared by the SOC and intended for use by any individual to register to vote by mail. The Mail-in Voter Registration Applications for use by DTA and MassHealth are precoded with DTA’s and MassHealth’s Agency Code, respectively.
O. “MassHealth” means the state Office of Medicaid within EOHHS and includes, without limitation, its offices, agents and employees.
P. “New Voter Registration” means the voter registration of a citizen of Massachusetts who has not previously registered to vote in Massachusetts, as recorded in VRIS.
Q. “NVRA” means the National Voter Registration Act of 1993, 52 U.S.C. § 20501 et seq. (formerly 42 U.S.C. § 1973gg et seq.).
R. “Public Assistance Agency,” solely for purposes of this Agreement, means DTA and MassHealth.
S. “Public Assistance Agency NVRA Coordinator” means the employee(s) designated by each Public Assistance Agency as the individuals(s) responsible for coordinating, implementing and overseeing the Agency’s voter registration responsibilities under Section 7 of the NVRA and this Agreement.
T. “Public Assistance Benefits,” solely for the purposes of this Agreement, means those benefits available under programs administered by DTA and MassHealth, including, without limitation, the Supplemental Nutrition Assistance Program (“SNAP”) (formerly known as “Food Stamps”), Emergency Aid to the Elderly, Disabled and Children (“EAEDC”), Transitional Aid to Families with Dependent Children (“TAFDC”), and MassHealth (Medicaid) benefits.
U. “Rejected Voter Registration” means any Voter Registration Application submitted to but not processed by an LEO for any reason, including, without limitation, because the Application is incomplete, missing a signature, or contains an invalid address, as recorded in VRIS.
V. “Remote Transaction” means a Covered Transaction that is performed by methods other than by an In-Person Transaction including, without limitation, those performed by telephone, facsimile, mail, electronic means, or the Internet.
W. “SOC” means the Office of the Secretary of the Commonwealth of Massachusetts and includes, without limitation, the Secretary of the Commonwealth and the Secretary’s offices, agents, and employees.
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X. “Updated Voter Registration” means any change to the voter registration record of a voter contained in VRIS including, without limitation, a change of name or address, which is not a New Voter Registration, Duplicate Voter Registration, or Rejected Voter Registration. Updated Voter Registration also includes any change pertaining to the voter registration record of an individual who has a voter registration record contained in VRIS but whose voter registration is marked as deleted in VRIS at the time that the individual submits a Voter Registration Application.
Y. “Virtual Gateway” means the online portal operated by EOHHS that enables Clients to initiate applications for the Supplemental Nutrition Assistance Program through the Internet, or any online portal that replaces this system.
Z. “Voter Preference Form” means the current document referred to by the SOC as the “declination form” or any document or portion of such document containing the language required by Section 7 of the NVRA, 52 U.S.C. § 20506(a)(6)(B).
AA. “Voter Registration Agency” means an office designated pursuant to Section 7(a)(2) of the NVRA, 52 U.S.C. § 20506(a)(2).
BB. “Voter Registration Application” means a Mail-in Voter Registration Application, Agency Voter Registration Application, or an online voter registration application when the online voter registration system in Massachusetts is implemented.
CC. “Voter Registration Workbook for Agencies” is the workbook prepared by the SOC and distributed to Voter Registration Agencies regarding NVRA responsibilities.
III. Substantive Provisions
A. The SOC acknowledges that, pursuant to 52 U.S.C. § 20509 (formerly 42 U.S.C. § 1973gg-8) and Massachusetts Session Law 1993 c. 475, § 57, the SOC is the “chief State election official” responsible for coordination of State responsibilities under the NVRA. The SOC agrees that the SOC’s responsibilities include, among other things, overseeing, monitoring, assisting and advising Public Assistance Agencies and Local Election Officials regarding compliance with the NVRA and implementing related federal and Massachusetts regulations. For purposes of this Agreement only, the parties agree that “overseeing” shall not be construed to include guaranteeing or compelling compliance by Public Assistance Agencies.
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B. Staffing. The SOC shall designate an SOC NVRA Coordinator who shall oversee performance of the SOC’s duties and responsibilities under Section 7 of the NVRA, related Massachusetts and federal regulations, and this Agreement. The duties and responsibilities of the SOC NVRA Coordinator shall include, without limitation, training, data collection and review, and providing general support and guidance to Public Assistance Agencies regarding the requirements of the NVRA. In the event that the SOC NVRA Coordinator position becomes vacant during the term of this Agreement, the SOC shall replace the SOC NVRA Coordinator as soon as practicable but, in any event, no later than thirty (30) calendar days after the vacancy occurs.
C. Materials
1. Voter Registration Applications. The SOC shall provide to Public Assistance Agencies both Agency Voter Registration Applications and Mail-in Voter Registration Applications. All such Applications shall be made available in at least English, Spanish and Chinese.
(a) The Agency Voter Registration Applications provided by the SOC to DTA and MassHealth shall have a space to insert an Agency Code or shall be precoded with an Agency Code for DTA and MassHealth, respectively.
(b) The Mail-in Voter Registration Applications provided by the SOC to DTA and MassHealth shall be precoded with an Agency Code for DTA and MassHealth, respectively.
(c) The SOC, at the SOC’s discretion, may provide precoded Mail-in Voter Registration Applications containing an Agency Code specific to Voter Registration Agencies in addition to DTA and MassHealth.
(d) The SOC shall provide PDF versions (or other downloadable electronic formats) of precoded Mail-in Voter Registration Applications to DTA and MassHealth, and a precoded DTA Mailin Voter Registration Application to EOHHS for use in the Virtual Gateway system, subject to such limitations on distribution as the SOC deems appropriate to prevent disclosure of the Voter Registration Agency through which a voter has registered.
(e) The SOC, at the SOC’s discretion, may provide PDF versions (or other downloadable electronic formats) of precoded Mail-in Voter Registration Applications to Voter Registration Agencies in addition to DTA and MassHealth, subject to the limitation on distribution in Section III.C.1(d).
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2. Voter Preference Form. The SOC shall provide to Public Assistance Agencies the Voter Preference Form attached hereto as Exhibit B as an option for use in connection with Remote Transactions and/or In-Person Transactions.
D. Training and Policy Review
1. Voter Registration Workbook for Agencies
(a) Within fifteen (15) business days of the Effective Date, the SOC shall modify the Voter Registration Workbook for Agencies to incorporate the terms of this Agreement. The SOC shall provide a draft of the modified Workbook to Plaintiffs’ Counsel for review and comment. Plaintiffs’ Counsel shall have no less than ten (10) business days to offer comments to the SOC before the Workbook is finalized by the SOC. The SOC shall distribute any modified Voter Registration Workbook for Agencies to Public Assistance Agencies promptly (but in any event within thirty (30) calendar days) after the deadline for comment by Plaintiffs’ Counsel.
(b) The SOC shall modify the Voter Registration Workbook for Agencies whenever there is a change in applicable voter registration laws, regulations, policies, or practices. During the term of this Agreement, the SOC shall notify Plaintiffs’ Counsel of any modifications the SOC plans to make to the Workbook, and shall provide a draft of the modified Workbook to Plaintiffs’ Counsel for review and comment no less than ten (10) business days before it is finalized by the SOC. The SOC need not notify or provide a draft of the modified Workbook to Plaintiffs’ Counsel if the changes are non-substantive such as to formatting, or are mere changes of dates, names of personnel, contact information, political parties, or agency names. For changes that the SOC deems “non-substantive” other than those specifically enumerated above, the SOC shall notify Plaintiffs’ Counsel of all such changes, but need not provide a draft of the modified Workbook for comment unless requested by Plaintiffs’ Counsel. The SOC shall distribute any modified Voter Registration Workbook for Agencies to Public Assistance Agencies promptly (but in any event within thirty (30) calendar days) after the deadline for comment by Plaintiffs’ Counsel.
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(c) Within thirty (30) calendar days after finalizing the modifications to the Voter Registration Workbook for Agencies under Section III.D.1(a), the SOC shall also make the modified Workbook available on its website. The SOC shall similarly update its website within thirty (30) calendar days after any future modifications of the Workbook under Section III.D.1(b). The SOC shall also include in the annual communications referenced in Section III.D.2 a notification that the Workbook is available on the SOC website.
2. Public Assistance Agencies
(a) At least once each calendar year during the term of this Agreement, the SOC shall, in writing, remind each Public Assistance Agency of the requirement to provide voter registration services in compliance with Section 7 of the NVRA and the need to provide training regarding such services. In each such communication, the SOC shall:
(i) Include a link to the Voter Registration Workbook for Agencies and/or an electronic copy of the Workbook, and request that the Agency distribute the Workbook to its employees and employees of contractors who have voter registration responsibilities;
(ii) Request that the Agency provide the SOC with notice of planned voter registration trainings and offer to participate in voter registration trainings conducted by the Agency;
(iii) Request that the Agency provide the date(s) on which the Agency held voter registration trainings during the preceding calendar year, and a description of each such training;
(iv) Request that the Agency provide the SOC with copies of its voter registration policies and procedures and training materials (including, for example, operations memoranda, job aids, training materials, and voter registration information or mailings provided to Clients) for SOC review and comment;
(v) Request that the Agency provide the SOC with copies of any proposed modifications to its voter registration policies and procedures and training materials (including, for example, operations memoranda, job aids, training materials, and voter registration information or mailings provided to Clients) before changes are made for SOC review and comment; and
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(vi) Provide a telephone number for the Agency to contact the SOC and/or the SOC NVRA Coordinator throughout the year with questions regarding the NVRA and provision of voter registration services.
(b) The SOC shall retain all responses that it receives from Public Assistance Agencies following the communications described in Section III.D.2(a). If a Public Assistance Agency either does not respond to the SOC’s communications within ten (10) business days, or responds that it has not held any voter registration trainings in the preceding calendar year, the SOC shall remind such Agency of the voter registration requirements of the NVRA. If the Agency responds that it has not held any trainings in the preceding calendar year, the SOC shall follow up with such Agency on a monthly basis until the SOC is notified that voter registration training is scheduled. The SOC shall confirm with the Agency that such training has taken place by calling or emailing with the Public Assistance Agency NVRA Coordinator promptly after the date upon which the training was scheduled.
(c) The SOC shall review and offer written comments on all voter registration policies and procedures and training materials provided by Public Assistance Agencies as described in Section III.D.2(a).
(d) The SOC shall retain a copy of all voter registration policies and procedures and training materials provided by Public Assistance Agencies to the SOC for review as described in Section III.D.2(a), as well as any written comments offered by the SOC to such Agencies, for no less than three (3) calendar years after they are provided or offered.
(e) Upon request by a Public Assistance Agency, the SOC shall assist with trainings regarding the voter registration requirements of the NVRA. For example, the SOC shall comment on training materials prepared by such Agencies, and shall participate in training programs upon request and which are scheduled at mutually convenient times. The SOC shall use its best efforts to participate in any training programs that it is requested to participate in, subject to the SOC’s schedule and availability.
(f) At least once each calendar year during the term of this Agreement, the SOC shall host a meeting of Public Assistance Agency NVRA Coordinators to train them regarding Agency responsibilities under Section 7 of the NVRA and to respond to any questions or issues regarding voter registration raised by the Coordinators.
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(g) During the term of this Agreement, the SOC shall continue to make available its current email address and telephone number for use by any individual, including any employee of a Public Assistance Agency or member of the public, to raise questions or issues regarding Section 7 of the NVRA.
(h) The SOC, at the SOC’s discretion, may include Voter Registration Agencies, in addition to DTA and MassHealth, in the activities described in Section III.D.2.
3. Local Election Officials
(a) On or about April 14 and 24, 2015, the SOC provided Plaintiffs’ Counsel with materials for training of LEOs. Within ten (10) business days after the Effective Date, Plaintiffs’ Counsel shall provide the SOC with comments on such materials. If Plaintiffs’ Counsel identifies any issues that the SOC determines should result in changes to such materials, the SOC shall distribute updated materials to LEOs as soon as possible but, in any event, no later than within thirty (30) days of any such changes.
(b) The SOC shall continue to train LEOs regarding the manner in which Agency Voter Registration Applications and Mail-in Voter Registration Applications containing an Agency Code should be entered into VRIS. After the online voter registration system with separate URLs for each Public Assistance Agency has been implemented as described in Section III.F.1, the SOC shall incorporate into LEO training the manner in which such voter registrations shall be entered into VRIS. If any changes are made to VRIS during the term of this Agreement that affect the entry of data relating to Agency Voter Registration Applications, Mail-in Voter Registration Applications, or online voter registration applications originating from Public Assistance Agencies, the SOC shall provide training to LEOs on the manner in which such data should be entered into VRIS, including, by way of example only, step-by-step instructions and any other types of trainings or materials regarding such changes.
(c) The SOC shall continue to maintain a “Help Desk” to answer any technical questions or issues raised by LEOs regarding voter registration data collection, entry or reporting.
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E. Formalization of New Procedures
1. The SOC agrees to modify Massachusetts regulations regarding voter registration, including without limitation current regulations 950 C.M.R. 57.05(2)(c), 950 C.M.R. 57.05(2)(d), 950 C.M.R. 57.05(2)(g), and 950 C.M.R. 58.03(1)(b), to incorporate the terms of this Agreement, as well as any other changes that the SOC determines to be appropriate to conform with current voter registration policies and procedures, subject to and in accordance with G. L. c. 30A.
2. During the term of this Agreement, the SOC agrees to maintain the changes made to VRIS to enable separate tracking of Agency Voter Registration Applications and Mail-in Voter Registration Applications containing an Agency Code. Once the SOC has enabled separate URLs for online voter registration originating from Public Assistance Agencies, the SOC shall modify VRIS (and maintain such changes) to enable separate tracking of online voter registration applications originating from Public Assistance Agencies.
F. Electronic Voter Registration
1. Within one-hundred and twenty (120) calendar days of the statutory deadline under Massachusetts Session Law 2014, c. 111 (August 1, 2015) for implementation of an online voter registration system in Massachusetts, the SOC shall enable a separate URL for each Public Assistance Agency to provide “trackable” online voter registration applications for each Agency. In the event of unforeseen delays caused by problems in the functionalities of the online voter registration system, with prior written notice to Plaintiffs’ Counsel, the SOC may extend this deadline for a period of no more than thirty (30) calendar days.
2. The SOC shall provide an URL to each Public Assistance Agency for incorporation into such Agency’s online systems.
3. Within one-hundred and twenty (120) calendar days of the statutory deadline under Massachusetts Session Law 2014, c. 111 (August 1, 2015) for implementation of an online voter registration system in Massachusetts, the SOC shall modify VRIS to enable tracking of online voter registration applications that are submitted through the URL assigned to each Public Assistance Agency. In the event of unforeseen delays caused by problems in the functionalities of the online voter registration system, with prior written notice to Plaintiffs’ Counsel, the SOC may extend this deadline for a period of no more than thirty (30) calendar days.
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G. Data Collection and EAC Reporting
1. Each month during the term of this Agreement, the SOC NVRA Coordinator shall collect Public Assistance Agency data from VRIS. Such data shall record any modifications to voter files made during the previous calendar month reflecting the data described in Sections III.G.1(a) through III.G.1(e). 2 Such data shall be aggregated for each Public Assistance Agency and reported as follows:
(a) The total number of Voter Registration Applications attributable to each Agency, categorized by: (i) Agency Voter Registration Applications; (ii) Mail-in Voter Registration Applications; and (iii) online voter registration applications originating from the Agency URL when such tracking becomes available as described in Section III.F.3;
(b) Of the number of Voter Registration Applications described in Section III.G.1(a), the total number of New Voter Registrations attributable to each Agency, categorized as described in Section III.G.1(a);
(c) Of the number of Voter Registration Applications described in Section III.G.1(a), the total number of Updated Voter Registrations attributable to each Agency, categorized as described in Section III.G.1(a);
(d) Of the number of Voter Registration Applications described in Section III.G.1(a), the total number of Rejected Voter Registrations attributable to each Agency, categorized as described in Section III.G.1(a); and
(e) Of the number of Voter Registration Applications described in Section III.G.1(a), the total number of Duplicate Voter Registrations attributable to each Agency, categorized as described in Section III.G.1(a).
2 The SOC has represented to Plaintiffs’ Counsel that VRIS is a “live” database that “overwrites” certain fields upon entry of new data by LEOs. For purposes of this Agreement only, Plaintiffs and the SOC agree that all data from VRIS described in this Agreement shall be compiled from monthly “snapshots” of the relevant fields in the database as of the last day of each month, unless VRIS is modified to enable the retrieval of historical data entered into the relevant fields.
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2. The SOC shall include, in the total number of “public assistance agency” voter registration applications reported to the U.S. Election Administration Commission (“EAC”), the number of Agency Voter Registration Applications, Mail-in Voter Registration Applications containing an Agency Code, and online voter applications attributable to any URL that is assigned to an agency designated under 52 U.S.C. § 20506(a)(2)(A). The total number of “public assistance agency” voter registration applications reported to the EAC for any biennial period shall equal the sum of the totals reflected in all “snapshots” of relevant fields taken from VRIS at the end of each calendar month during the relevant biennial period, and shall not be a single “snapshot” of VRIS data taken before the report is submitted to the EAC. For any partial calendar month during the biennial reporting period, the SOC shall only report to the EAC the data relevant to the portion of the month that falls within the reporting period.
3. For each calendar month during the term of this Agreement, the SOC shall request that DTA and MassHealth, respectively, provide the following monthly data to the SOC:3
(a) For In-Person Transactions:
(i) From DTA, the total number of In-Person Transactions; and
(ii) From MassHealth, the total number of In-Person Transactions.
(b) For Remote Transactions:
(i) From DTA, the total number of Remote Transactions; and
(ii) From MassHealth, the total number of Remote Transactions.
(c) If the data requested by the SOC pursuant to Sections III.G.3(a) and III.G.3(b) is not provided to the SOC, the SOC shall notify the relevant Agency’s legal counsel and/or the Governor’s Legal Counsel. If no response or an inadequate response is received, the SOC shall notify Plaintiffs’ Counsel. In such circumstances, if Plaintiffs’ Counsel has the data, Plaintiffs’ Counsel shall provide the data to the SOC.
3 For the calendar months from the Execution Date through September 2015, MassHealth may provide the information in Sections III.G.3(a)(ii) and III.G.3(b)(ii) to the SOC in October 2015. For the calendar months of October 2015 through December 2015, MassHealth may provide such information to the SOC in January 2016.
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H. Data Review and Follow-Up Activities
1. Complaints Regarding Voter Registration Services
(a) If the SOC receives any complaint regarding a potential issue of noncompliance with Section 7 of the NVRA by a Public Assistance Agency, the SOC shall promptly inform the relevant Agency that is the subject of the complaint.
(b) Steps the SOC shall take in response to each such complaint include, without limitation:
(i) Conducting a telephone conference or arranging a meeting with the Public Assistance Agency NVRA Coordinator;
(ii) Providing information to the Agency regarding the deficiencies in the voter registration process or procedures alleged in the complaint, and informing the Public Assistance Agency NVRA Coordinator of the pertinent requirements of the NVRA;
(iii) Requesting that the Agency take steps to investigate the deficiencies alleged in the complaint, to identify any potential issues with voter registration policies or procedures that may have caused such alleged deficiencies, and to address and correct any identified deficiencies by taking remedial measures such as revising policies or procedures or conducting additional training of staff; and
(iv) Requesting that the Agency inform the SOC of any steps taken to investigate, identify, verify and/or address the deficiencies alleged in the complaint, including any remedial measures taken.
(c) If the Public Assistance Agency NVRA Coordinator fails to respond to the SOC’s requests described in Section III.H.1(b), the SOC shall contact the head of the Agency or the Agency’s legal counsel and/or the Governor’s Legal Counsel, and take any additional actions within the SOC’s authority that the SOC deems appropriate to have the Agency address the deficiencies alleged in the complaint.
(d) The SOC shall record its efforts to contact the Agency or other authorities to obtain information, and shall record any additional actions taken, as described in this Section III.H.1.
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2. Data Review and Comparisons
(a) Total Voter Registration Applications. For each calendar quarter during the term of this Agreement, the SOC NVRA Coordinator shall review, for DTA and MassHealth separately, the monthly totals of Voter Registration Applications attributable to Public Assistance Agencies described in Section III.G.1(a). The SOC NVRA Coordinator shall compare the month-to-month changes in the totals during that calendar quarter, and during all prior calendar quarters during the term of this Agreement. The comparisons shall be recorded in a spreadsheet and/or chart(s) showing the monthly totals for each Agency.
(b) Covered Transactions at DTA and MassHealth. For each calendar quarter during the term of this Agreement, if the requested data from DTA and MassHealth described in Section III.G.3 is received, the SOC shall compute the following:
(i) In-Person Transactions. For DTA and MassHealth separately, the monthly ratio of Agency Voter Registration Applications (as described in Section III.G.1(a)), to the total number of In-Person Transactions (as described in Section III.G.3(a)), expressed as a percentage. Each month’s computed ratio shall be compared to the computed ratios from all prior months during each calendar quarter, and to the computed monthly ratios from all prior calendar quarters during the term of this Agreement, and shall be recorded in a spreadsheet and/or chart(s) showing the monthly computed ratios for each Agency.
(ii) Remote Transactions. For DTA and MassHealth separately, the monthly ratio of the sum of the number of Mail-in Voter Registration Applications containing an Agency Code and the number of online voter registrations (as described in Section III.G.1(a)), to the total number of Remote Transactions (as described in Section III.G.3(b)), expressed as a percentage. For any time period in which the number of online voter registrations is not available, only the number of Mail-in Voter Registration Applications containing an Agency Code shall be used for this computation. Each month’s ratio shall be compared to the computed monthly ratios during each calendar quarter, and to the computed monthly ratios from all prior calendar quarters during the term of this Agreement, and shall be recorded in a spreadsheet and/or chart(s) showing the monthly computed ratios for each Agency.
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(c) New Voter Registrations, Updated Voter Registrations, Rejected Voter Registrations, and Duplicate Voter Registrations. For each calendar quarter during the term of this Agreement, the SOC NVRA Coordinator shall review, for DTA and MassHealth separately, the monthly totals of New Voter Registrations, Updated Voter Registrations, Rejected Voter Registrations, and Duplicate Voter Registrations attributable to Public Assistance Agencies (as described in Sections III.G.1(b) to III.G.1(e)), and compare the month-to-month changes in these totals during that calendar quarter, and during all prior calendar quarters during the term of this Agreement. The comparisons shall be recorded in a spreadsheet and/or chart(s) showing the monthly totals of each category in this Section for each Agency.
(d) Distribution of Data to Public Assistance Agencies. For each calendar quarter during the term of this Agreement, the SOC shall distribute the data comparisons described in Sections III.H.2(a) to III.H.2(b) to the relevant Public Assistance Agency.
3. Follow-Up Activities
(a) Identification of Anomalies
(i) Based on the quarterly review of data described in Section III.H.2, the SOC NVRA Coordinator shall identify any “anomalies” (as described below), if any exist, for purposes of conducting the follow-up activities described in Section III.H.3(b). “Anomalies” shall be defined as follows:
(1) Unusually low rates of Voter Registration Applications attributable to a Public Assistance Agency as compared to previous months’ data for that Agency and as reflected in the review described in Section III.H.2(a), but taking into account historical decreases in voter registration following a major election and/or decreases in the total number of Covered Transactions, which could result in lower rates of voter registration;
(2) Unusually high rates of Rejected Voter Registrations or Duplicate Voter Registrations attributable to a Public Assistance Agency as compared to previous months’ data for that Agency and as reflected in the comparisons described in Section III.H.2(c), but taking into account omissions or errors made by individual voters without any Agency involvement;
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(3) Unusual decreases in the ratios of Voter Registration Applications attributable to a Public Assistance Agency as a percentage of Covered Transactions as compared to previous months’ ratios for that Agency and as reflected in the computations described in Section III.H.2(b), but taking into account historical decreases in voter registration following a major election; and
(4) Any other irregularities in voter registration data as determined by SOC.
(ii) The SOC NVRA Coordinator shall conduct the follow-up activities described in Section III.H.3(b) if any Public Assistance Agency NVRA Coordinator informs the SOC of potential issues in the provision of voter registration services during the relevant calendar quarter.
(iii) The SOC NVRA Coordinator shall conduct the follow-up activities described in Section III.H.3(b) if the SOC is informed in writing (including electronic mail) by Plaintiffs’ Counsel regarding any irregularities in voter registration data that Plaintiffs’ Counsel believes would qualify as an “anomaly” (as defined in Section III.H.3(a)(i)). Plaintiffs’ Counsel may inform the SOC, and the SOC NVRA Coordinator shall conduct the follow-up activities described in Section III.H.3(b), regarding no more than six (6) “anomalies” in any calendar year during the term of this Agreement.
(b) Follow-Up Activities
(i) On a calendar quarterly basis during the term of this Agreement, for each Public Assistance Agency at which any “anomaly” in voter registration data is identified (as described in Section III.H.3(a)), the SOC NVRA Coordinator shall contact the subject Public Assistance Agency NVRA Coordinator to discuss: voter registration practices and procedures; possible causes of any “anomalies”; and ways to resolve any issues identified. Such follow-up may occur by email, telephone or inperson. The SOC NVRA Coordinator also shall undertake the response steps described in Sections III.H.1(b) and III.H.1(c).
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(ii) The SOC shall record its efforts to contact the Agency or other authorities to obtain information regarding “anomalies” and to request follow-up activities as described in this Section III.H.3(b).
I. Reporting to Plaintiffs’ Counsel
1. Monthly Reporting. Beginning with the first month after the Effective Date, and continuing through and including data about the last month of the term of this Agreement, the SOC shall provide the VRIS data described in Section III.G.1 to Plaintiffs’ Counsel on the fifteenth day of the month succeeding the month to which the data relates (for instance, if data pertaining to June was collected on the last day of that month, the data shall be provided to Plaintiffs’ Counsel on July 15). If the Effective Date falls on a date after the middle of a month (e.g., June 20, 2015), the first report shall include data beginning from the first day through last day of the following month (e.g., July 1-31, 2015), and shall be sent on the 15th day of the month thereafter (e.g., August 15, 2015).
2. Quarterly Reporting
(a) Beginning on the Effective Date and continuing through and including information and data about the last quarter during the term of this Agreement, on the fifteenth day of January, April, July, and October of each calendar year, the SOC shall report to Plaintiffs’ Counsel the following information relating to the calendar quarter ending on the last day of the prior month. If the Effective Date falls on a date after the middle of a month (e.g., June 20, 2015), the first such report shall include information and data pertaining to the quarter (or portion thereof) following the end of that month (e.g., July-September 2015), and shall be provided on the fifteenth day of the succeeding month (e.g., October 15, 2015). The last such report provided to Plaintiffs’ Counsel shall cover the period up to and including the last month during the term of this Agreement, but not any period following such last month. The reports shall contain information and data regarding:
(i) Any modifications made by the SOC to the Voter Registration Workbook for Agencies or other training materials for Public Assistance Agencies or LEOs during the quarter;
(ii) Any activities relating to a change in the SOC’s NVRA regulations during the quarter;
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(iii) A copy of the SOC’s annual communication described in Section III.D.2, together with general descriptions (but not necessarily a day-by-day log) of: responses received from Public Assistance Agencies; voter registration trainings conducted by Public Assistance Agencies as reported to the SOC (including the dates of such trainings); requests by Public Assistance Agencies for the SOC to participate in voter registration trainings (including the dates of any such trainings); voter registration trainings that the SOC participates in or conducts for Public Assistance Agencies (including the dates of any such trainings); and the comments offered by the SOC to Public Assistance Agencies regarding voter registration policies and procedures and training materials provided by each Agency for SOC review;
(iv) The dates of any trainings for LEOs conducted by the SOC regarding the entry of data attributable to Voter Registration Agencies into VRIS, and a general description of the nature of each such training;
(v) A status report on the implementation of the online voter registration system in Massachusetts, including whether and when Agency-specific URLs were provided to Public Assistance Agencies, and the manner in which VRIS was modified to enable tracking of online voter registrations;
(vi) Copies of spreadsheets or charts showing the Data Review and Comparisons described in Section III.H.2; a list of any “anomalies” identified under Section III.H.3(a); and a summary (but not necessarily a day-by-day log) of any follow-up actions taken by the SOC under Section III.H.3(b), including any remedial actions taken by the subject Agency and reported to the SOC; and
(vii) A general description of any other significant actions taken by the SOC relating to Section 7 of the NVRA during the relevant calendar quarter, such as responses to complaints that could suggest deficiencies in the voter registration procedures of Public Assistance Agencies, actions taken by the SOC (if any) to expand the Substantive Provisions of this Agreement described in Section III to Voter Registration Agencies in addition to MassHealth and DTA, and the issuance of any new guidance or other written materials for Public Assistance Agencies, LEOs, or the general public.
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(b) The quarterly reporting described in Section III.I.2 may be combined with the monthly reporting described in Section III.I.1.
J. Online Posting of NVRA Data. Beginning with the first quarterly report provided to Plaintiffs’ Counsel in Section III.I.2, the SOC shall publish on its website the following data on a quarterly basis:
1. All VRIS data described in Section III.G.1;
2. All Data Review and Comparisons described in Section III.H.2, including without limitation all data comparisons, data computations, spreadsheets and charts; and
3. Any other information that the SOC deems relevant to compliance with Section 7 of the NVRA by Public Assistance Agencies or Voter Registration Agencies.
K. The SOC, at the SOC’s discretion, may include Voter Registration Agencies in addition to DTA and MassHealth in the reporting and activities described in Section III.
IV. Dismissal and Releases
A. After the Execution Date, Plaintiffs and the SOC shall promptly file a joint motion requesting the Court to enter the [Proposed] Order of Final Judgment, in the form attached hereto as Exhibit A.
B. Plaintiffs fully, finally and forever release, relinquish, discharge, and waive any and all claims against the SOC regarding the voter registration activities of DTA and MassHealth only that are asserted or could have been asserted in the Amended Complaint in this Action filed on March 17, 2014 (Dkt. No. 143), or that are based or could be based on Section 7 of the NVRA, from the beginning of time until the end of the term of this Agreement, including any and all claims for injunctive or declaratory relief.
V. Term
A. This Agreement shall take effect on the Effective Date and shall remain in full force and effect until July 31, 2018.
B. Without affecting the finality of the [Proposed] Order of Final Judgment, the Court shall retain jurisdiction, during the term of this Agreement, to adjudicate noncompliance motions and resolve disputes arising under this Agreement, all pursuant to the procedures described in Section VI.
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SETTLEMENT AGREEMENT
VI. Dispute Resolution Procedures
A. If, at any time during the term of this Agreement, Plaintiffs believe that the SOC is not in compliance with any one or more of its obligations under this Agreement, Plaintiffs and the SOC shall follow the dispute resolution procedures set forth in this Section VI.
B. Plaintiffs shall notify the SOC in writing of any alleged noncompliance with this Agreement and shall request a meeting with the SOC for the purpose of attempting to remedy such alleged noncompliance. Plaintiffs and the SOC shall meet within thirty (30) calendar days of such notification of such alleged noncompliance.
C. If Plaintiffs are not satisfied that such alleged noncompliance has been remedied, at any time after sixty (60) calendar days after Plaintiffs notified the SOC of such alleged noncompliance, Plaintiffs may file a motion with the Court seeking a judicial determination that the SOC is not substantially complying with this Agreement. Within thirty (30) calendar days of the filing of such motion, the SOC shall file its response to such motion. If the Court finds that the SOC has not substantially complied with this Agreement, it may enter an order consistent with equitable principles, but not an order of contempt, that is designed to achieve the SOC’s compliance with this Agreement.
D. If Plaintiffs believe that the SOC has not complied with an order entered pursuant to this Section VI, Plaintiffs may, after reasonable notice to the SOC, move for further relief from the Court to obtain compliance with the Court’s prior order.
E. Notwithstanding anything in this Section VI to the contrary, if Plaintiffs believe that the SOC is not substantially complying with any one or more of its obligations under this Agreement within ninety (90) calendar days before the expiration of the term of this Agreement, Plaintiffs may file a noncompliance motion with the Court without following the dispute resolution procedures set forth in this Section VI. Within fourteen (14) calendar days of the filing of such a motion, the SOC shall file its response to such motion. Such a motion may include a request for an interim order for the extension of the terms of the specific provisions of this Agreement that Plaintiffs believe that the SOC is not substantially complying with pending a ruling on such motion. If the Court finds that the SOC is not in substantial compliance, the Court may, even after the expiration of the term of this Agreement, extend the terms of those provisions of this Agreement as to which the SOC is not in substantial compliance for such time as is necessary for the SOC to obtain substantial compliance. Except as provided in this Section VI, the term of this Agreement and the Court’s jurisdiction over this Agreement shall terminate as provided in Section V.
F. This Agreement may be enforced only by Plaintiffs. Nothing contained in this Agreement is intended to confer any rights or remedies on any person other than the parties hereto.
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SETTLEMENT AGREEMENT
VII. Attorneys’ Fees and Litigation Expenses and Costs
A. Except as provided in Section VII.C, the payment made by DTA pursuant to Section VII.A of the DTA Settlement Agreement shall constitute the full compromise and settlement of all claims for attorneys’ fees and litigation expenses and costs related to this Action: (i) that Plaintiffs have, as of the Execution Date of this Agreement against the SOC; and (ii) that Plaintiffs might have made against the SOC for activities occurring after the Execution Date of this Agreement, including without limitation for activities to obtain the [Proposed] Order of Final Judgment [Exhibit A], or to monitor the implementation of, and the SOC’s compliance with, this Agreement. This Agreement is not an admission or evidence that any Defendant is liable to Plaintiffs for the payment of attorneys’ fees and litigation expenses or costs in, or related to, this Action, but rather represents only the compromise and settlement of a disputed claim.
B. The compromise and settlement of Plaintiffs’ claim for attorneys’ fees and litigation expenses and costs against any Defendant shall not establish, or be evidence of: (1) a “reasonable” hourly rate for Plaintiffs’ counsel or any other counsel; (2) the “reasonableness” of any legal services or activities performed by Plaintiffs’ counsel in this or any other action; or (3) the “reasonableness” of any item of litigation expenses or costs in this or any other action.
C. If Plaintiffs file a noncompliance motion following the dispute resolution procedures set forth in Section VI and prevail, Plaintiffs shall be entitled to request attorneys’ fees and litigation expenses and costs related to litigating the claim of noncompliance. Plaintiffs shall only be considered to have prevailed for purposes of this Section VII if the Court makes a finding of substantial noncompliance under Section VI.C. If Plaintiffs seek attorneys’ fees and litigation expenses and costs under this Section VII.C, they shall first submit their request to the SOC. If the SOC and Plaintiffs cannot agree on the amount to be paid within thirty (30) calendar days following the submission of the request, the dispute shall be submitted to the Court for formal resolution.
VIII. Additional Provisions
A. Entire Agreement: This Agreement contains all the agreements, conditions, promises and covenants between Plaintiffs and the SOC, and their respective counsel, regarding matters set forth in this Agreement and supersedes all prior or contemporaneous agreements, drafts, representations or understandings, either written or oral, with respect to the subject matter of this Agreement.
B. Binding Effect: Plaintiffs and the SOC represent and warrant that they have authority to enter into this Agreement and that this Agreement shall be binding upon, and inure to the benefit of, their successors and assigns. Each of the persons executing this Agreement on behalf of a Plaintiff or the SOC represents and warrants that he or she has the authority to do so.
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SETTLEMENT AGREEMENT
C. Written Modification: Plaintiffs and the SOC may not modify any provision of this Agreement, except by written consent of Plaintiffs and the SOC. However, the deadlines for submitting data and reports to Plaintiffs’ Counsel pursuant to Section III.I may be modified by written consent of Plaintiffs’ Counsel and the SOC’s counsel.
D. Interpretation: Plaintiffs and the SOC have participated in the drafting of this Agreement and, accordingly, any claimed ambiguity shall not be presumptively construed for or against any Plaintiff or the SOC.
E. Force Majeure: The SOC shall not be subject to any noncompliance motion for failure to perform under this Agreement, and any such failure shall not be considered a breach of or noncompliance with any provision of this Agreement, if such failure results directly from any act of God, riot, war, civil unrest, flood, or earthquake.
F. Waiver of Appeals: Plaintiffs and the SOC waive any right to appeal or collaterally attack the [Proposed] Order of Final Judgment, if entered in the same form attached hereto as Exhibit A.
G. Execution: This Agreement may be executed in counterparts, each of which shall constitute an original instrument and all of which together shall constitute one and the same Agreement. This Agreement shall have no legal effect, and shall not be enforceable, until it is executed by all parties to the Agreement and signature pages are exchanged.
H. No Consent Decree: This Agreement shall not constitute, be construed as, or otherwise be incorporated into a consent decree or other order of the Court.
I. If No Entry of Proposed Order by Court: If the Court does not enter the [Proposed] Order of Final Judgment in the form attached hereto as Exhibit A, either Plaintiffs or the SOC may determine, in their or the SOC’s absolute judgment, that this Agreement is null and void and of no force or effect. Such a determination shall be effective only if conveyed in writing to the other parties within ten (10) business days of entry of the order of judgment. In that event, nothing herein shall be deemed to prejudice the position of any Plaintiff or the SOC with respect to this Action or otherwise, and neither the existence of this Agreement, nor any of its provisions, or any of the negotiations or proceedings leading to this Agreement, shall be admissible in evidence, referred to for any purpose in this Action or in any other litigation or proceeding, or construed as an admission, presumption or concession by any Plaintiff or the SOC of any liability or the truth of any of the allegations or defenses raised in this Action.
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Case 1:12-cv-10872-DJC Document 224-2 Filed 06/17/15 Page 26 of 29 SETTLEMENT AGREEMENT
Defendant: William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts
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Case 1:12-cv-10872-DJC Document 224-2 Filed 06/17/15 Page 27 of 29 EXHIBIT A

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE; and NEW ENGLAND

)

UNITED FOR JUSTICE,

)

)

Plaintiffs,

)

)

v.

)

WILLIAM F. GALVIN, in his official capacity as Secretary of the Commonwealth; MARYLOU SUDDERS, in her official capacity as Secretary of the Executive Office of Health and Human Services; and DANIEL TSAI, in his official capacity as Director of the Office of Medicaid,

) ) ) ) ) ) ) )

Defendants.

) )

Civil Action No. 1:12-cv-10872-DJC

[PROPOSED] ORDER OF FINAL JUDGMENT Pursuant to Fed. R. Civ. P. 41(a)(2) and 58, and based on the Settlement Agreements by and between plaintiffs New England Area Conference of the National Association for the Advancement of Colored People and New England United for Justice (collectively “Plaintiffs”) and defendants Marylou Sudders (as successor to JudyAnn Bigby), in her official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”), and Daniel Tsai (as successor to Kristen Thorn), in his official capacity as Director of the Office of Medicaid (“MassHealth”); and by and between Plaintiffs and defendant William F. Galvin, in his official capacity as Secretary of the Commonwealth (“SOC”) (collectively, with EOHHS and MassHealth, “Defendants”), the Court directs an entry of final judgment dismissing, with prejudice, this action and all claims asserted against all Defendants. As provided in each of the Settlement Agreements referenced above, and the Settlement Agreement by and between Plaintiffs and former defendant Thomas G. Massimo (as successor to

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Daniel Curley), in his official capacity as Acting Commissioner of the Department of Transitional Assistance (Doc. No. 213-1), and without affecting the finality of this Order of Final Judgment, this Court shall retain jurisdiction, during the term of each Settlement Agreement, to adjudicate noncompliance motions and resolve disputes arising under each Settlement Agreement, all under the procedures set forth in each such Agreement.
Pursuant to Fed. R. Civ. P. 58(b)(2), the Court hereby approves the form of this Order of Final Judgment and directs the Clerk to promptly enter it.

Dated: June ___, 2015

_________________________________ Denise J. Casper United States District Judge

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EXHIBIT B
IMPORTANT INFORMATION ABOUT VOTER REGISTRATION
Dear Applicant or Member:
The National Voter Registration Act of 1993 requires [identify agency] to give you the opportunity to register to vote. A voter registration application is enclosed. This letter itself is not a voter registration application. If you are not a U.S. citizen, you are not eligible to vote and you should not fill out a voter registration application.
To register to vote, fill out the enclosed Massachusetts voter registration application and send it to the local election official in your city or town, or bring it into a [identify agency] office. If you have any questions about registering to vote, or if you need help filling out the voter registration application, call one of the telephone numbers listed below or speak with a [case manager or agency worker].
[INSERT AGENCY CONTACT INFO HERE]
Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency. If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application form in private.
If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with: Secretary of the Commonwealth, Elections Division, One Ashburton Place, Room 1705, Boston, MA 02108, Tel: 617-727-2828 or 1-800-462-8683.
If you need additional voter registration applications, please contact one of the numbers above.
IN-OFFICE VOTER PREFERENCE FORM: This portion of the form is to be completed during in-office transactions only.
If you are not registered to vote where you live now, would you like to apply to register to vote here today? Yes [ ] No [ ]
Signature: ___________________ Date: ____________
IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.

 
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EXHIBIT C

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SETTLEMENT AGREEMENT
I. Introduction
Plaintiffs New England Area Conference of the National Association for the Advancement of Colored People (“NAACP-NEAC”) and New England United for Justice (“NEU4J”) (collectively “Plaintiffs”)1 brought this Action alleging violations of Section 7 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20506 (formerly 42 U.S.C. § 1973gg-5), by William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts (“SOC”); Marylou Sudders (as successor to JudyAnn Bigby), in her official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”); Jeff McCue (as successor to Stacey Monahan), in his official capacity as Commissioner of the Department of Transitional Assistance (“DTA”); and Daniel Tsai (as successor to Kristen Thorn), in his official capacity as Director of the Office of Medicaid (“MassHealth”) (collectively “Defendants”).
The Complaint was filed on May 15, 2012 against the SOC, DTA, and EOHHS. An Amended Complaint, adding MassHealth as a Defendant, was filed with the Court’s approval on March 17, 2014 (Doc. Nos. 138 and 143). Plaintiffs allege widespread past and ongoing violations of Section 7 of the NVRA by Defendants and are seeking declaratory and injunctive relief. Defendants, for their part, deny the allegations and any violation of law.
On March 18, 2015, Plaintiffs and DTA entered into a settlement agreement (“DTA Settlement Agreement”) and jointly moved that the Court enter an order of final judgment dismissing Plaintiffs’ claims as to DTA only. The Court entered an order of dismissal as to DTA only on March 20, 2015 (Doc. No. 215).
Plaintiffs and Defendants MassHealth and EOHHS now desire to resolve and settle this Action without further litigation and expense. Plaintiffs and Defendant MassHealth agree to the following terms in full and final resolution and settlement, and dismissal with prejudice, of Plaintiffs’ claims against Defendant MassHealth in this Action. Plaintiffs and Defendant EOHHS agree to the following terms in full and final resolution and settlement, and dismissal with prejudice, of Plaintiffs’ claims against Defendant EOHHS in this Action, as defined in Section V.
By entering into this settlement agreement (“Agreement”), Defendants MassHealth and EOHHS do not admit any liability or any violation of the NVRA or any other law, and this Agreement shall not constitute evidence of any wrongdoing or violation of law. This Agreement does not resolve or settle Plaintiffs’ claims under Section 7 of the NVRA brought against Defendant SOC.
1 Bethzaida Delgado, originally a plaintiff in this Action, was voluntarily dismissed on March 14, 2014 (Doc. No. 138).

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II. Definitions
A. “Action” means this action, New England Area Conference of the National Association for the Advancement of Colored People, et al. v. Galvin, et al., Civil Action No. 1:12-cv-10872-DJC (D. Mass.).
B. “Agency Code” means a code on a Voter Registration Application that identifies the Voter Registration Agency that distributed the Voter Registration Application.
C. “Agency Voter Registration Application” means a Voter Registration Application prepared by the SOC and intended for use during in-office transactions at Voter Registration Agencies. Such Voter Registration Application contains a space to insert an Agency Code. “Client” means any individual who is applying for Public Assistance Benefits, including an individual who has one or more authorized representatives acting on his or her behalf, or any individual who is receiving Public Assistance Benefits.
D. “Covered Transaction” means a transaction in which a Client applies for Public Assistance Benefits, renews or recertifies his or her eligibility for Public Assistance Benefits, or submits a change of address in connection with the receipt of Public Assistance Benefits, whether in person at a Local MassHealth Office or through remote methods, including without limitation, by telephone, facsimile, mail, electronic means, or the Internet.
E. “Customer Service Representative” or “CSR” means an employee of a contractor that serves as MassHealth’s customer service vendor who interacts with Clients during Covered Transactions.
F. “Effective Date” means the date on which this Agreement shall become effective, that is, the date on which the [Proposed] Order of Final Judgment, in the form attached hereto as Exhibit E, is entered by the Court.
G. “Eligibility Worker” means an employee of MassHealth who interacts with Clients during Covered Transactions.
H. “EOHHS” means the Executive Office of Health and Human Services and includes, without limitation, its agents and employees. This definition shall not include the agencies and entities specified in the second paragraph of G.L. c. 6A, § 16.
I. “Execution Date” means the last date on which this Agreement is signed by all Plaintiffs and Defendants MassHealth and EOHHS.
J. “In-office” transaction means a Covered Transaction that is performed by a Client who is physically present at a Local MassHealth Office.
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K. “Local Election Official” (or “LEO”) means any “registrar[]” or “registrar[] of voters,” as defined in G.L. c. 50, § 1.
L. “Local MassHealth Office” means any MassHealth Enrollment Center (“MEC”) (including the Central Processing Unit) or call center through which a Client may engage in a Covered Transaction, whether such Office is operated by MassHealth or a contractor that serves as MassHealth’s customer service vendor.
M. “Mail-In Voter Registration Application” means a Voter Registration Application prepared by the SOC and intended for use by any person to register to vote by mail. The Mail-In Voter Registration Application for MassHealth is “pre-coded” with MassHealth’s Agency Code.
N. “MassHealth” means the Office of Medicaid within EOHHS and includes, without limitation, its offices, agents and employees.
O. “Mass IT” (formerly ITD) means the entity utilized by MassHealth to print and mail materials to Clients regarding Public Assistance Benefits.
P. “NVRA” means the National Voter Registration Act of 1993, 52 U.S.C. § 20501 et seq. (formerly 42 U.S.C. § 1973gg et seq.).
Q. “Online application portal” means the Internet-based program through which Clients, by themselves or with the assistance of Eligibility Workers or CSRs, conduct Covered Transactions.
R. “Public Assistance Benefits” means benefits available under programs administered by MassHealth.
S. “Remote Transaction” means a Covered Transaction that is carried out by methods other than in person at a Local MassHealth Office, including without limitation, those carried out by telephone, facsimile, mail, electronic means, or the Internet.
T. “Self-service” means a Client’s use of the online application portal on his or her own, without assistance from an Eligibility Worker or CSR.
U. “SOC” means the Office of the Secretary of the Commonwealth of Massachusetts and includes, without limitation, the Secretary of the Commonwealth, and his offices, agents, and employees.
V. “Voter Preference Form” means the current document referred to by the SOC as the “declination form” or any document or portion of such document containing the language required by Section 7 of the NVRA, 52 U.S.C. § 20506(a)(6)(B).
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W. “Voter Registration Agency” means an agency designated as such pursuant to Section 7(a)(2) of the NVRA, 52 U.S.C. § 20506(a)(2), and defined in 950 C.M.R. 57.02(1)(b) and (c) (definition of “Registration Agency”).
X. “Voter Registration Application” means either a Mail-In Voter Registration Application or Agency Voter Registration Application.
III. Substantive Provisions as to MassHealth
A. Staffing
1. MassHealth shall designate a Statewide NVRA Coordinator who shall generally oversee MassHealth’s performance of NVRA responsibilities and the requirements of this Agreement, including training, oversight, reporting, monitoring, and other aspects of the implementation of the NVRA. Among other things, the Statewide NVRA Coordinator shall cooperate with the SOC regarding voter registration issues as detailed in this Agreement or upon request by the SOC. MassHealth shall incorporate NVRA responsibilities into the job performance evaluation for the Statewide NVRA Coordinator.
2. MassHealth shall designate an NVRA Coordinator for each Local MassHealth Office (“Local NVRA Coordinator”) to help ensure compliance with the NVRA and this Agreement by such Office.
3. MassHealth shall incorporate NVRA responsibilities into the job performance evaluation for each Local NVRA Coordinator, Director, and Assistant Director of each Local MassHealth Office.
4. MassHealth shall add voter registration responsibilities as a subcategory in the list of required activities in MassHealth’s Employee Performance Review System (“EPRS”) form for non-managerial employees. This provision is contingent upon union approval if it is determined to require “impact bargaining.” MassHealth will use its best efforts to obtain any required union approval, if such becomes necessary.
B. Voter Registration Procedures
1. In General
a. As detailed below, MassHealth shall provide voter registration services during all Covered Transactions.
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b. MassHealth shall provide Plaintiffs’ counsel with at least seven (7) business days advance notice and opportunities to offer comments before finalizing any changes to the substance of voter registration procedures under this Agreement.2
c. MassHealth shall require that any vendor that has a contract to conduct Covered Transactions on its behalf shall implement and maintain voter registration procedures that comply with the NVRA and this Agreement for all Covered Transactions conducted by such vendor.
2. Distribution of Voter Registration Materials – In General
a. For each Covered Transaction, MassHealth shall distribute to each Client a Voter Registration Application and a Voter Preference Form as set forth in this Agreement.
b. During each in-office Covered Transaction conducted at a Local MassHealth Office and involving interaction between a Client and an Eligibility Worker or CSR, such Eligibility Worker or CSR shall distribute to each Client who chooses to register to vote at such Office an Agency Voter Registration Application and shall offer assistance in completing the Voter Registration Application, in accordance with the procedures set forth in this Agreement and the Eligibility Operations Memorandum (attached as Exhibit B) and Job Aid and Script (attached as Exhibit C)
c. Each Covered Transaction form used by MassHealth that is available as of July 31, 2015, or becomes available thereafter, on the Internet as a downloadable PDF (or other electronic format) shall contain within it a Mail-In Voter Registration Application pre-coded with MassHealth’s Agency Code and the language contained in the Voter Preference Form.
d. For Remote Transactions, MassHealth shall distribute to each Client a Voter Registration Application and a Voter Preference Form as detailed in Section III.B.3. of this Agreement and in accordance with the procedures set forth in the Eligibility Operations Memorandum (Exhibit B) and Job Aid and Script (Exhibit C).
2 Such changes include, without limitation, modifications to the voter registration language contained in the MassHealth member booklet and renewal cover letters.
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e. No later than May 1, 2016, MassHealth shall incorporate a link to the Massachusetts online voter registration system into each location on its website where it makes voter registration materials available and within its online application portal for self-service applications. If the SOC creates a MassHealth-specific URL for online voter registration, MassHealth shall, no later than May 1, 2016, include such URL as the link to the online voter registration system that will be incorporated into each of the website and online locations described in this subsection. 3
3. Distribution of Voter Registration Materials – Specific Transactions
a. Unless otherwise specified, the procedures described in this Section III.B.3. shall be implemented no later than July 31, 2015.
b. Each MassHealth member booklet that contains an application for Public Assistance Benefits and the downloadable version of the application available on MassHealth’s website shall include a Mail-In Voter Registration Application pre-coded with MassHealth’s Agency Code and the language contained in the Voter Preference Form. For the downloadable application, MassHealth may either incorporate these voter registration materials into such application, or include them in the same PDF or downloadable file containing such application.
c. For each Client who drops off a change of address document (such as a utility bill) at a Local MassHealth Office without interacting with an Eligibility Worker or CSR , the Office receptionist shall:
i. explain that if the Client wishes to register to vote, the Client can do so at the Local MassHealth Office and receive assistance in doing so, and that MassHealth will send the Client’s filled-out Voter Registration Application to the appropriate Local Election Officials, or, alternatively, that the Client can take home a Voter Registration Application.
3 In the event of unexpected delay in the operation of the Massachusetts online voter registration system or the creation of the MassHealth-specific URL, MassHealth and Plaintiffs will negotiate in good faith to agree upon a reasonable extension of the deadlines in Section III.B.2.e.. If MassHealth enables other Covered Transactions through its online application portal, MassHealth shall incorporate a link to the online voter registration system as part of the programming for such Covered Transactions. If such incorporation is not technologically feasible before May 1, 2016, MassHealth shall provide notice of such infeasibility to Plaintiffs’ counsel, and thereafter the parties shall negotiate in good faith a deadline for incorporation of such link.
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ii. if the Client wishes to register to vote at the Local MassHealth Office, provide an Agency Voter Registration Application; and
iii. if the Client does not wish to register to vote at the Local MassHealth Office and wants to take a Mail-In Voter Registration Application home, provide a Mail-In Voter Registration Application pre-coded with MassHealth’s Agency Code.
d. For each change of address received by MassHealth by office drop-off, telephone, mail or facsimile, MassHealth or its customer service vendor shall send to the Client a Mail-in Voter Registration Application pre-coded with MassHealth’s Agency Code and a Voter Preference Form, together with an explanatory letter, attached hereto as Exhibit A.4 This procedure will be discontinued upon MassHealth’s implementation of the procedure described in Section III.B.3.e.iv..
e. For each Remote Transaction described below, MassHealth shall send an “automatic” computer-generated mailing of a Mail-in Voter Registration Application pre-coded with MassHealth’s Agency Code and a Voter Preference Form. An explanatory letter (Exhibit A) shall accompany each such mailing and, among other things, shall state prominently that voter registration materials are included in such mailing. Such a mailing shall occur for all of the following:
i. telephone applications;
ii. self-service applications through the online application portal in which a Client clicks “Yes” to the voter registration question online (as further explained in Section III.B.3.f.);
iii. together with notices that it is time to renew eligibility, or with notices that a Client’s eligibility has been renewed without the need for a further response from the Client (i.e., “automatic” renewals); and
iv. during the anticipated March 2016 modifications to the online application portal, but no later than May 1, 2016, each time a field in the portal corresponding to a Client’s address is changed without
4 MassHealth may modify the text of the explanatory letter (Exhibit A) for any distribution of voter registration materials required by this Agreement, but only after obtaining prior written consent of Plaintiffs’ counsel. Moreover, if the SOC makes available a Voter Preference Form adapted for use with Remote Transactions, to which Plaintiffs’ counsel have given written approval, MassHealth may utilize such Voter Preference Form in any distribution of voter registration materials under this Agreement in lieu of the explanatory letter (Exhibit A) and the Voter Preference Form.
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corresponding changes on the same date relating to an application or renewal of Public Assistance Benefits. Once MassHealth implements this procedure, it will replace the procedure described in Section III.B.3.d..
f. Except as otherwise specified, no later than July 31, 2015, MassHealth shall incorporate the following voter registration procedures and language into the online application portal for self-service applications for Public Assistance Benefits:
i. The online voter registration language shall:
(1) appear in the application after a Client has entered his or her eligibility information but before the application is submitted;
(2) include the following “voter preference question” and corresponding boxes for each Client to check:
“If you are not registered to vote where you live now and you are eligible to register to vote, would you like to apply to register to vote today?
“Yes”
“No (Please check “No” if you do not want to register to vote today for any reason, including that you are already registered to vote at your current address.)”
(3) contain a “hard stop” for the voter preference question immediately above, meaning that a Client must click “Yes” or “No” to continue filling out or submitting the application;
(4) include a downloadable PDF of a Mail-In Voter Registration Application pre-coded with MassHealth’s Agency Code. Once the modifications in Section III.B.3.f.iii.(2) are made, the downloadable .pdf shall be located next to such additional language; and
(5) During the anticipated March 2016 modifications to the online application portal, but no later than May 1, 2016, the language contained in the Voter Preference Form shall be incorporated into the portal with the voter preference question described in III.B.3.f.i(2).
ii. MassHealth shall store each Client’s response to the voter registration question electronically for no less than twenty-two (22) months after
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the first federal election that occurs after the Client submits his or her response.
iii. A Voter Registration Application shall be provided to each Client who clicks “Yes” to the voter preference question as follows:
(1) a Mail-in Voter Registration Application pre-coded with MassHealth’s Agency Code, Voter Preference Form, and the explanatory letter (Exhibit A), shall be mailed to the Client;
(2) during the anticipated March 2016 modifications to the online application portal, but no later than May 1, 2016, MassHealth shall incorporate the following language into the online application portal:
“You have indicated that you would like to register to vote and you will receive a voter registration application through the mail.”
“If you have a Massachusetts drivers’ license, you may register to vote without waiting for the mailing by clicking the following link and filling out the online registration form.” [This language shall be followed by a link to the Massachusetts online voter registration system or, if one exists, a unique URL created by the SOC for MassHealth voter registrations.]
“Alternatively, if you have access to a printer, you may register to vote without waiting for the mailing by downloading a Mail-In Voter Registration Application, filling it out, and sending it to your local election official.” [This language shall be followed by a link to a downloadable Mail-In Voter Registration Application precoded with MassHealth’s Agency Code.]
“If you need assistance in completing the voter registration application or technical support, you may contact 800-8412900 (TTY: 1-800-497-4648 for people who are deaf, hard of hearing, or speech disabled).”5
5 If deemed technologically feasible by MassHealth, this language shall be displayed immediately after a Client submits an application for Public Assistance Benefits. Additionally, this language shall be incorporated into the online screens for any other Covered Transaction as soon as such Covered Transaction can be performed through the online application portal, subject to the timeframe described in footnote 3. MassHealth may modify this language and
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g. By no later than August 31, 2015, on the “Apply for MassHealth” page of the “Official Website of the Executive Office of Health and Human Services”, MassHealth shall add the following language in a paragraph immediately below the heading for the Online Application for Health and Dental Coverage and Help Paying Costs:
“The online application will ask if you would like to register to vote. If you click “Yes,” MassHealth will automatically mail you a voter registration application. A printable voter registration form and more information about voter registration appear below.”6
Once the modifications described in Section III.B.3.f.iii.(2) are made, MassHealth may remove this language from the website.
h. As indicated in the Job Aid and Script (Exhibit C), by no later than July 31, 2015, CSRs shall, during telephone Covered Transactions, state as follows:
“Please be aware that MassHealth will be sending you a mailing with a voter registration application and instruction on how to fill it out. This is a federal requirement.”
4. If the Statewide NVRA Coordinator, Local NVRA Coordinator, Director or Assistant Director of a Local MassHealth Office, supervisor, Eligibility Worker, or CSR becomes aware that a specific Client did not receive a Voter Registration Application as required by this Agreement, a mailing shall be promptly sent to such Client. This mailing shall include a Mail-in Voter Registration Application pre-coded with MassHealth’s Agency Code, a Voter Preference Form, and the explanatory letter (Exhibit A).
5. Assistance
a. For all Covered Transactions in which an Eligibility Worker or CSR interacts with a Client, either in connection with an in-office Covered Transaction or a Remote Transaction, the Eligibility Worker or CSR shall offer voter registration assistance to each Client to the same extent as assistance is offered by MassHealth in the completion of its own forms, and shall provide such voter registration assistance to each Client who does not decline such offer of assistance.
format with prior written consent of Plaintiffs’ counsel, which consent will not be unreasonably withheld. 6 MassHealth may modify this language and format with prior written consent of Plaintiffs’ counsel, which consent will not be unreasonably withheld.
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i. For in-office Covered Transactions, Eligibility Workers and CSRs shall review filled-out Voter Registration Applications for completeness of all mandatory fields necessary to register to vote, including name, date, date of birth, address(es), identification number, age and citizenship checkboxes, and Client signature. Eligibility Workers and CSRs shall not be required to check for completeness of the entry of party affiliation, or to determine a Client’s eligibility to register to vote. If an Eligibility Worker or CSR has knowledge that a Client is not a United States citizen, the Eligibility Worker or CSR shall inform the Client that only U.S. citizens may register to vote and shall not be required to provide voter registration assistance to such Client.
ii. Assistance in filling out and submitting Voter Registration Applications shall be available to Clients through MassHealth’s main customer service telephone number, Eligibility Workers, and CSRs.
iii. Language and translation assistance for voter registration shall be available through the AT&T Interpreter line (or similar service) used by MassHealth for non-voter registration activities, including, at a minimum, in Spanish and Chinese.
iv. As shown in the explanatory letter (Exhibit A), Clients shall be informed in any mailing by MassHealth that includes voter registration materials that, in addition to obtaining voter registration assistance from Eligibility Workers and CSRs to fill out Voter Registration Applications, they can submit filledout Voter Registration Applications at any Local MassHealth Office. If a Client submits a filled-out Mail-In Voter Registration Application at a Local MassHealth Office, MassHealth shall submit such Application to the Client’s LEO pursuant to Section III.B.6.b. and c.
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b. In accordance with the Affordable Care Act of 2010 and applicable regulations (42 CFR 435.908(c) and 45 CFR § 155.225), MassHealth and the Massachusetts Health Connector have jointly designated certain entities as “certified application counselor organizations” (“CAC Organizations”), whose staff, contractors and volunteers provide assistance with health insurance applications as “certified application counselors” (“CACs”). MassHealth shall instruct each CAC Organization to require all of its CACs to provide assistance with voter registration to the same extent as assistance is provided in filling out MassHealth’s own forms. MassHealth shall provide training to CAC Organizations regarding their obligations to offer and provide voter registration assistance as part of its comprehensive annual training regarding other CAC responsibilities.
6. Transmittal
a. For in-office Covered Transactions, Eligibility Workers and CSRs shall collect filled-out Voter Registration Applications from Clients and deliver them to the designated employee at that Eligibility Worker’s or CSR’s Local MassHealth Office for transmitting to each Client’s LEO.
b. Prior to transmittal, a designated Local MassHealth Office employee shall insert the appropriate Agency Code on the filled-out Voter Registration Applications.
c. MassHealth shall transmit each filled out Voter Registration Application it receives to the appropriate LEO within five (5) calendar days of receipt, as required by 130 CMR 515.013(D), but, in any event, no later than as required by the NVRA, 52 U.S.C. 20506(d).
d. Each Local MassHealth Office shall maintain a manual count of the number of filled-out Agency Voter Registration Applications it receives, and shall designate one or more individuals to perform this task and to transmit such Applications to appropriate LEOs pursuant to Section III.B.6.b. and c..
C. Policies and Procedures for Covered Transactions
1. By no later than July 31, 2015, MassHealth shall implement the procedures described in the Eligibility Operations Memorandum (Exhibit B) and Job Aid and Script (Exhibit C).
2. Eligibility Workers shall follow the Job Aid and Script (Exhibit C) during their interactions with Clients.
3. No later than fourteen (14) calendar days after the Effective Date of this Agreement, MassHealth shall finalize a job aid for CSRs (also called a “Knowledge Center article”) and corresponding script, which comply with the -12-

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voter registration procedures described in Exhibit C. MassHealth shall require CSRs to follow the Knowledge Center article and corresponding script during their interactions with Clients. D. Local MassHealth Offices 1. MassHealth shall make television announcements in the waiting room(s) and/or lobby(ies) of each Local MassHealth Office, if televisions are provided in the waiting room(s) or lobbies, to explain to Clients and visitors how to register to vote at that Local MassHealth Office and to offer voter registration assistance. MassHealth shall confer with Plaintiffs’ counsel in good faith on the final content of such announcements, but MassHealth retains the right to decide the final content of the announcements. 2. Signs regarding voter registration prepared by the SOC shall be posted in prominent locations in the waiting room(s) and/or lobby(ies) in each Local MassHealth Office. 3. Voter Registration Applications shall be visible and easily available in the waiting room(s) and/or lobbies in each Local MassHealth Office for anyone visiting the Local MassHealth Office. 4. Each Local MassHealth Office shall maintain at least a two (2)-month’s supply of both Mail-in Voter Registration Applications and Agency Voter Registration Applications in at least English, Spanish, and Chinese. MassHealth shall determine what amount constitutes a two (2)-month supply for each Local MassHealth Office. It shall be the responsibility of the Statewide NVRA Coordinator, and the Local NVRA Coordinator or Director or Assistant Director for each Local MassHealth Office, to ensure that each Local MassHealth Office has at least a two (2)-month’s supply of Voter Registration Applications at all times. E. Training 1. Materials
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a. MassHealth, in consultation with the SOC, shall create and maintain training materials regarding the voter registration requirements of the NVRA and this Agreement for use by MassHealth in conducting the trainings described in Section III.E.4. and 5 to the extent that such training materials differ from those developed under Section III.E.3. Such training materials shall be reviewed and modified, if necessary, at least once each calendar year by MassHealth. Plaintiffs’ counsel shall be provided at least seven (7) business days advance notice and an opportunity to review and comment on any modifications to such training materials. MassHealth need not provide Plaintiffs’ counsel with an opportunity for review and comment if the changes are to formatting alone, or are mere changes of dates, names of personnel, or contact information.
b. Written guidance, in the form of a Job Aid, MEC weekly update, or other training document, and training by supervisors shall be provided to MassHealth employees and to CSRs regarding voter registration responsibilities within fifteen (15) business days of finalizing any modifications to the substance of voter registration procedures or materials.
c. MassHealth shall maintain all training materials regarding the voter registration requirements of the NVRA and this Agreement on the MassHealth Intranet, which shall be available for any Eligibility Worker to review. MassHealth shall also instruct its customer service vendor to maintain all training materials regarding the voter registration requirements of the NVRA and this Agreement in a location that is readily accessible for any CSR to review.
2. To alert and train staff regarding the implementation of the procedures described in Section III.B., MassHealth shall:
a. no later than July 31, 2015, circulate to Eligibility Workers the Eligibility Operations Memorandum (Exhibit B) and Job Aid and Script (Exhibit C);
b. no later than July 31, 2015, cause its customer service vendor to circulate to CSRs a job aid (or similar training document) and script containing the content shown in the Eligibility Operations Memorandum (Exhibit B) and Job Aid and Script (Exhibit C), and describing voter registration procedures applicable to CSRs; and
c. the MEC weekly update shall include a reminder about voter registration procedures at least two (2) times each calendar year.
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3. Simultaneously with the implementation of the voter registration procedures described in Section III.C., but, in any event, no later than July 31, 2015, MassHealth shall conduct and complete formal mandatory training through its training unit for all employees, and shall cause such training to be conducted for CSRs who have voter registration responsibilities. Such training may be a webinar or other interactive format, and shall, at a minimum, include the elements described in Exhibit D attached hereto. MassHealth anticipates conducting this initial training as a “live,” in-person training, but retains the discretion to use other interactive formats in certain limited circumstances, such as if an employee has missed the “live” training. Plaintiffs’ counsel shall be provided at least seven (7) business days advance notice and an opportunity to review and comment on the training materials for this formal mandatory training.
4. All training programs for new Eligibility Workers, CSRs and/or supervisors, including training programs for those who may transfer into these positions, shall include training regarding voter registration responsibilities under the NVRA and this Agreement. All such programs shall include, among other things, explanations of any applicable procedures and practices described in this Agreement. At a minimum, the training shall include the elements described in Exhibit D.
5. All Eligibility Workers, CSRs, and supervisors shall be required to participate in mandatory “annual refresher” training via interactive webinar (or similar interactive format) regarding their voter registration responsibilities under the NVRA and this Agreement. With the exception of the training conducted under Section III.E.3., MassHealth shall not be required to conduct its “annual refresher” trainings as a “live,” in-person training but may do so in its discretion. MassHealth shall use the training that occurs under Section III.E. 3. as a model for its mandatory “annual refresher” training regarding voter registration responsibilities, and such training shall count as the first “annual refresher” training regarding voter registration responsibilities. The “annual refresher” training shall incorporate a knowledge check, either as an online quiz or comparable test.
6. All other MassHealth employees having voter registration responsibilities shall be trained regarding those responsibilities that pertain to their job. Plaintiffs’ counsel shall be provided at least seven (7) business days advance notice and an opportunity to review and comment on any voter registration training materials, to the extent that they differ from the Eligibility Operations Memorandum (Exhibit B) and Job Aid and Script (Exhibit C).
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7. MassHealth shall maintain a record of each employee’s formal mandatory training history regarding the NVRA and this Agreement, conducted under Sections III.E.3. to III.E.5.. MassHealth shall ensure that its customer service vendor maintains a record of each CRS’s formal mandatory training history conducted under such Sections.
F. Monitoring
1. Data Collection
For each month, the Statewide NVRA Coordinator shall compile the following data:
a. the number of Covered Transactions by type of transaction as follows:
i. the number of in-office transactions, separately categorized as follows:
(1) in-office applications;
(2) in-office renewals; and
(3) in-office changes of address (including those dropped off at a Local MassHealth Office without interaction with an Eligibility Worker or CSR).
ii. the number of Remote Transactions, separately categorized as follows:
(1) telephone and online applications; (2) applications made by mail and facsimile;7 (3) renewals made by mail or facsimile;8
(4) “automatic” renewals not requiring a Client response; and
(5) changes of address made by telephone (except that, once MassHealth implements the procedure set forth in Section III.B.3.e.iv., these data shall be replaced by the number of changes of address recorded in MassHealth’s online application
7 This number shall be calculated by subtracting the number of in-office applications from the total number of paper applications (those submitted to a Local MassHealth office, or by mail or facsimile) processed through the online application portal. 8 Until such time that MassHealth completes the transition from its legacy eligibility systems to the online application portal, which is anticipated to be completed in early 2016, all Client renewals that are not “automatic” shall be reported as applications.
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portal without a corresponding application or renewal on the same date);
b. for each Local MassHealth Office, a manual count of the number of Agency Voter Registration Applications filled out by Clients and other individuals in that Office that are transmitted to LEOs;
c. from MassHealth’s online application portal, the number of recorded “Yes” responses and “No” responses to the voter registration questions described in Section III.B.3.f.i.(2). (for telephone and online applications). Each telephone application shall be counted as a “Yes” response;
d. from Mass IT, the monthly number of “automatic” voter registration mailings generated from MassHealth’s online application portal pursuant to Section III.B.3.e.i.-ii. (i.e., telephone applications and online applications);
e. from Mass IT, the monthly number of voter registration mailings accompanying a renewal notice pursuant to Section III.B.3.e.iii. (including a notice that it is time to renew eligibility, and a notice that the Client’s eligibility has been renewed without the need for a further response from the Client (i.e., an “automatic” renewal notice));
f. from MassHealth’s customer service vendor, the monthly number of voter registration mailings generated as a result of changes of address made by telephone (except that, once MassHealth implements the procedure set forth in Section III.B.3.e.iv., this number shall be incorporated into Section III.F.1.d.).
2. Review and Follow Up by Statewide NVRA Coordinator
Except as otherwise specified below, the procedures described in this Section III.F.2. shall begin with the first month after the Effective Date and shall include the last month of the term of this Agreement.
a. The Statewide NVRA Coordinator shall review, on a monthly basis, the following numbers:
i. the manual counts of Agency Voter Registration Applications filled out by Clients and other individuals at Local MassHealth Offices compared to the number of in-office Covered Transactions described in Section III.F.1.a.i. and III.F.1.b.;
ii. the number of “Yes” responses to the voter registration questions referenced in Section III.F.1.c. (including all telephone applications), compared to the number of the related mailings made by Mass IT described Section III.F.1.d.. After -17-

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the changes described in Section III.B.3.e.iv. are made, this comparison shall be replaced by a comparison of the sum of the number of changes of address and the “Yes” responses (including all telephone applications) to the number of related mailings made by Mass IT described in Section III.F.1.d.; and
iii. the number of changes of address made by telephone as described in III.F.1.a.ii.(5) compared to the number of related mailings made by MassHealth’s customer service vendor described in III.F.1.f. (except that, once MassHealth implements the procedure set forth in Section III.B.3.e.iv., these numbers shall be reported under Section III.F.2.a.ii. above).
b. Based on the review described in Section III.F.2.a., or based on information received from the SOC, the Statewide NVRA Coordinator shall: (i) identify potential issues that the Statewide NVRA Coordinator determines may suggest noncompliance with the voter registration requirements of the NVRA and/or this Agreement; (ii) follow up with the relevant Local MassHealth Office(s) to address all such issues; and (iii) as appropriate, correct all such issues in the relevant Local MassHealth Offices.
3. Follow Up by Local MassHealth Offices
If and when a Local NVRA Coordinator, or a Director or Assistant Director of a Local MassHealth Office, or any supervisor at MassHealth’s customer service vendor identifies, independently of other monitoring or reviews described in this Agreement, any issues that such person determines may suggest noncompliance with the voter registration requirements of the NVRA and/or this Agreement, such person shall follow up to address such issues, as appropriate, and shall report any remedial actions that are taken to the Statewide NVRA Coordinator.
4. Quality Control Procedures
a. MassHealth shall standardize Local MassHealth Office voter registration procedures, in compliance with the NVRA and this Agreement, so that each Local MassHealth Office is following the same procedures.
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b. No later than thirty (30) calendar days after the Effective Date, MassHealth shall implement the following quality control procedures to oversee compliance with the NVRA and this Agreement. No later than ten (10) business days before the procedures described in Section III.F.4.b.i, iii, and v. are finalized, MassHealth shall make available to Plaintiffs’ counsel for review and comment documents memorializing such procedures. The quality control procedures shall consist of at least the following:
i. at least once every one hundred eighty (180) calendar days, Mass IT shall conduct quality control tests to ensure that voter registration materials are included in each type of automated mailing required under Section III.B.3.e.;
ii. at least once every one hundred eighty (180) calendar days, supervisors at Local MassHealth Offices shall observe Eligibility Workers interacting with Clients during in-office Covered Transactions to ensure that offers of assistance are provided in compliance with Section III.B.5.;
iii. as stated in Section III.A.4., and subject to the limitations stated therein, the EPRS form for non-managerial employees with voter registration responsibilities shall include voter registration as a subcategory of the list of required responsibilities;
iv. at least once each calendar year, for each Local MassHealth Office, the Statewide NVRA Coordinator shall conduct a spot check to ensure that:
a. each Local MassHealth Office has adequate supplies of voter registration materials, based on the assessment of each Local MassHealth Office and the Statewide NVRA Coordinator of what constitutes adequate supplies;
b. “Register to Vote Here” posters (and other required postings) are easily visible at each Local MassHealth Office, and that Voter Registration Applications are available in the waiting room(s) and/or lobby(ies) of each Local MassHealth Office; and
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c. Local MassHealth Office waiting room(s) and/or lobby(ies) that contain televisions display information explaining how to register to vote at that Local MassHealth Office and offering voter registration assistance;
v. for MassHealth’s customer service vendor, MassHealth shall require that the vendor’s audit procedures include review of whether the procedures regarding voter registration were followed. If such procedures were not or are not being followed, MassHealth shall require that remedial action be taken including, as appropriate, retraining or disciplinary action. MassHealth shall require that its vendor report instances of non-compliance and/or remedial actions to the Statewide NVRA Coordinator; and
vi. if any instances of non-compliance in providing voter registration services are found during the quality control procedures set forth in this Section III.F.4., including without limitation any instances of non-compliance involving individual Eligibility Workers or CSRs, MassHealth staff shall refer such instances of non-compliance to the Statewide NVRA Coordinator for appropriate follow up or remedial action with the particular Local MassHealth Office, Eligibility Worker, or CSR. In addition, the Statewide NVRA Coordinator shall ensure that voter registration assistance or materials are provided to Clients who may not have received required voter registration services.
5. Additional Quality Control
a. The Statewide NVRA Coordinator shall investigate any complaints made by, or on behalf of, Clients regarding voter registration services through Local MassHealth Offices and follow up and take remedial actions, as appropriate.
b. The Statewide NVRA Coordinator shall take remedial action as MassHealth deems appropriate when it is determined that a MassHealth employee or employee of any customer service vendor contracted to conduct Covered Transactions on behalf of MassHealth is not complying with the voter registration requirements of the NVRA or this Agreement.
G. Reporting to Plaintiffs’ Counsel and the SOC
1. Single Reports
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a. With the first monthly report described in Section III.G.2, MassHealth shall report to Plaintiffs’ counsel the name of the Statewide NVRA Coordinator and the name of each Local NVRA Coordinator.
b. In the first report after any modifications have been made to the online application portal under Section III.B.3.f.iii., MassHealth shall provide to Plaintiffs’ counsel screenshots of all such modifications.
2. Beginning with the first (1st) month after the Effective Date, and continuing through and including information about the last month of the term of this Agreement, MassHealth shall report to Plaintiffs’ counsel (in an Excel spreadsheet) by the twentieth (20th) day of each succeeding month, and separately for each Local MassHealth Office, all of the information described in Section III.F.1.a-c.. If the Effective Date falls on a date after the middle of a month (e.g., June 20, 2015), the first (1st) report shall include data beginning from the first (1st) day through the last day of the following month (e.g., July 1-31, 2015), and shall be sent by the twentieth (20th) day of the month thereafter (e.g., August 20, 2015).9
3. Beginning with the first (1st) month after the Effective Date, and continuing through and including information about the last month of the term of this Agreement, MassHealth shall report to the SOC (in an Excel spreadsheet) by the twentieth (20th) day of each succeeding month, the total number of inoffice Covered Transactions and Remote Transactions for that month.
4. Beginning from the Effective Date and continuing through and including information about the last quarter of the term of this Agreement, in January, April, July, and October of each calendar year, MassHealth shall report to Plaintiffs’ counsel the information listed below for each calendar quarter. Each report shall be provided on the twentieth (20th) day of the applicable month, and shall include information relating to the three (3) preceding months (e.g., the October report shall include information relating to July – September). If the Effective Date falls on a date after the middle of a month (e.g., June 20, 2015), the first (1st) report shall include information pertaining to the three (3) months following the end of that month (e.g., July-September 2015), and shall be provided by the twentieth (20th) day of the next month (October 20, 2015). The last report provided to Plaintiffs’ counsel under this Agreement shall cover the period up to and including the last month of the term of this Agreement, but not any period following the last month. Each report shall contain information regarding:
9 Reports of information under III.G.2.-3. pertaining to the months beginning with the Effective Date through and including December 2015 may be included in the quarterly reports described in Section III.G.4.
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a. changes in the Statewide or Local NVRA Coordinators that occurred during the preceding calendar quarter;
b. new or different policies or procedures adopted during the term of this Agreement regarding voter registration requirements of the NVRA and/or this Agreement;
c. each Local MassHealth Office at which “follow up” activities related to voter registration procedures and/or practices occurred, as described in Section III.F.2. and 3., together with a description of all such “follow up” and/or remedial actions taken by or on behalf of MassHealth;
d. the occurrence and results of quality control tests performed by Mass IT during the preceding calendar quarter pursuant to Section III.F.4.b.i.;
e. the occurrence and a summary of results and follow up, if any, of the quality control procedures described in Sections III.F.4.b.ii, iv, v and III.F.5., as well as any “follow up” actions determined to be appropriate by the Statewide NVRA Coordinator based on quality control procedures;
f. all of the information described in Section III.F.1.d-f..
5. Consistent with the Massachusetts Fair Information Practices Act and other applicable laws, any information provided to Plaintiffs’ counsel under this Section III.G. shall exclude all personal data or other identifying information of any Client.
6. The reports described in this Section III.G. shall be sent to the following contact persons on behalf of Plaintiffs, or such alternative persons designated by Plaintiffs: Lisa Danetz (ldanetz@demos.org), Eugene Morgulis (eugene.morgulis@ropesgray.com), Catherine Flanagan (cflanagan@projectvote.org). The contact individual for MassHealth and EOHHS shall be Caroline Cai (caroline.cai@state.ma.us)..
IV. Substantive Provisions as to EOHHS
A. Virtual Gateway
1. By no later than ninety (90) calendar days after the Effective Date, EOHHS, through its Information Technologies (IT) function, shall make available a Mail-In Voter Registration Application that is pre-coded with DTA’s Agency Code for download on the Virtual Gateway portal for self-service applicants for DTA-administered Supplemental Nutrition Assistance Program (“SNAP”) benefits.
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2. By no later than ninety (90) calendar days after the Massachusetts online voter registration system becomes operational, EOHHS, through its Information Technologies (IT) function, shall incorporate a link to such system on the Virtual Gateway portal for self-service applicants for DTA-administered SNAP benefits. If the SOC creates a unique online voter registration URL for DTA, EOHHS shall replace the existing URL for online voter registration with such URL within ninety (90) calendar days after such URL becomes operational
3. Within fifteen (15) calendar days after Virtual Gateway has been modified under Section IV.A.1. and 2., EOHHS shall report such modification and provide screenshots of all such modifications to Plaintiffs’ counsel.
B. Annual Reminder
1. In or around January of each calendar year during the term of this Agreement, but at least once each calendar year, EOHHS shall send a reminder to all Voter Registration Agencies within EOHHS as well as those Voter Registration Agencies listed in the second paragraph of G.L. c. 6A, § 16, reminding those Agencies of their obligations to perform their responsibilities under Section 7 of the NVRA, in connection with all applications for benefits, renewals or recertifications, and changes of address.
Such reminders shall advise that:
a. the Agencies must distribute Voter Registration Applications, provide assistance, and transmit filled-out Voter Registration Applications to LEOs;
b. the details of such advice can be found in the SOC’s Voter Registration Workbook for Agencies;
c. the Agencies should take reasonable measures to ensure compliance with the law;
d. the Agencies should cooperate with the SOC upon the SOC’s request, with regard to voter registration issues, including by providing SOC with copies of voter registration policies and procedures and training materials for review and comment by SOC; and
e. the SOC is available for consultation regarding any voter registration issues.
2. Upon issuance of the EOHHS reminder notice, EOHHS shall provide Plaintiffs’ counsel with a copy.
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V. Dismissal and Releases
A. After the Execution Date, Plaintiffs and Defendants MassHealth and EOHHS shall promptly file a joint motion requesting the Court to enter the [Proposed] Order of Final Judgment, in the form attached hereto as Exhibit E.
B. Plaintiffs fully, finally and forever release, relinquish, discharge, and waive any and all claims against MassHealth that are asserted or could have been asserted in the Amended Complaint in this Action filed on March 17, 2014 (Doc. No. 143), or that are based or could be based on Section 7 of the NVRA, from the beginning of time until the end of the term of this Agreement, including any and all claims for injunctive or declaratory relief.
C. Plaintiffs fully, finally and forever release, relinquish, discharge, and waive any and all claims against EOHHS relating to DTA and MassHealth only that are asserted or could have been asserted in the Amended Complaint in this Action filed on March 17, 2014 (Doc. No. 143) or that are based or could be based on Section 7 of the NVRA, from the beginning of time until the end of the term of this Agreement, including any and all claims for injunctive or declaratory relief.
VI. Term
A. This Agreement shall take effect on the Effective Date and shall remain in full force and effect through July 31, 2018.
B. Without affecting the finality of the [Proposed] Order of Final Judgment, the Court shall retain jurisdiction, during the term of this Agreement, to adjudicate noncompliance motions and resolve disputes arising under this Agreement, all under the procedures set forth in Section VII.
VII. Dispute Resolution Procedures
If, at any time during the term of this Agreement, Plaintiffs believe that MassHealth or EOHHS is not in compliance with any one or more of its obligations under this Agreement, the parties shall follow the dispute resolution procedures set forth in this Section VII.
A. Plaintiffs shall notify MassHealth and/or EOHHS in writing of any alleged noncompliance with this Agreement and shall request a meeting with MassHealth and/or EOHHS for the purpose of attempting to remedy such alleged noncompliance. Plaintiffs and MassHealth shall meet within thirty (30) calendar days of such notification of such alleged noncompliance.
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B. If Plaintiffs are not satisfied that such alleged noncompliance has been remedied, at any time after sixty (60) calendar days after Plaintiffs notified MassHealth and/or EOHHS of such alleged noncompliance, Plaintiffs may file a motion with the Court seeking a judicial determination that MassHealth and/or EOHHS is not substantially complying with this Agreement. Within thirty (30) calendar days of the filing of such motion, MassHealth and/or EOHHS shall file its response to such motion. If the Court finds that MassHealth and/or EOHHS has not substantially complied with this Agreement, it may enter an order consistent with equitable principles, but not an order of contempt, that is designed to achieve compliance by MassHealth and/or EOHHS with this Agreement.
C. If Plaintiffs believe that MassHealth and/or EOHHS has not complied with an order entered pursuant to this Section VII, Plaintiffs may, after reasonable notice to MassHealth and/or EOHHS, move for further relief from the Court to obtain compliance with the Court’s prior order.
D. Notwithstanding anything in this Section VII to the contrary, if Plaintiffs believe that MassHealth and/or EOHHS is not substantially complying with any one or more of its obligations under this Agreement within ninety (90) calendar days before the expiration of the term of this Agreement, Plaintiffs may file a noncompliance motion with the Court without following the dispute resolution procedures set forth in this Section VII. Within fourteen (14) calendar days of the filing of such a motion, MassHealth and/or EOHHS shall file its response to such motion. Such a motion may include a request for an interim order for the extension of the terms of the specific provisions of this Agreement that Plaintiffs believe that MassHealth and/or EOHHS is not substantially complying with pending a ruling on such a motion. If the Court finds that MassHealth and/or EOHHS is not in substantial compliance, the Court may, even after the expiration of the term of this Agreement, extend the terms of those provisions of this Agreement as to which MassHealth and/or EOHHS is not in substantial compliance for such time as is necessary for MassHealth and/or EOHHS to obtain substantial compliance. Except as provided in this Section VII, the term of this Agreement and the Court’s jurisdiction over this Agreement shall terminate as provided in Section VI.
E. This Agreement may be enforced only by Plaintiffs. Nothing contained in this Agreement is intended to confer any rights or remedies on any person other than the parties hereto.
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VIII. Attorneys’ Fees, Expenses and Costs
A. Except as provided in Section VII.C, the payment made by DTA pursuant to Section VII.A. of the DTA Settlement Agreement shall constitute the full compromise and settlement of all claims for attorneys’ fees and litigation expenses and costs related to this Action: (i) that Plaintiffs have, as of the Execution Date of this Agreement against MassHealth and EOHHS; and (ii) that Plaintiffs might have made against MassHealth and EOHHS for activities occurring after the Execution Date of this Agreement, including without limitation for activities to obtain the [Proposed] Order of Final Judgment (Exhibit E), or to monitor the implementation of, and MassHealth’s and EOHHS’s compliance with, this Agreement. This Agreement is not an admission or evidence that any Defendant is liable to Plaintiffs for the payment of attorneys’ fees and litigation expenses or costs in, or related to, this Action, but rather represents only the compromise and settlement of a disputed claim.
B. The compromise and settlement of Plaintiffs’ claim for attorneys’ fees and litigation expenses and costs against any Defendant shall not establish, or be evidence of: (1) a “reasonable” hourly rate for Plaintiffs’ counsel or any other counsel; (2) the “reasonableness” of any legal services or activities performed by Plaintiffs’ counsel in this or any other action; or (3) the “reasonableness” of any item of litigation expenses or costs in this or any other action.
C. If Plaintiffs file a noncompliance motion following the dispute resolution procedures set forth in Section VII and prevail, Plaintiffs shall be entitled to request attorneys’ fees and litigation expenses and costs related to litigating the claim of noncompliance. Plaintiffs shall only be considered to have prevailed for purposes of this subsection if the Court makes a finding of substantial noncompliance under Section VII.B above. If Plaintiffs seek attorneys’ fees and litigation expenses and costs under this Section VIII.C., they shall first submit their request to MassHealth or EOHHS. If MassHealth or EOHHS and Plaintiffs cannot agree on the amount to be paid within thirty (30) calendar days following the submission of the request, the dispute shall be submitted to the Court for formal resolution.
IX. Additional Provisions
A. Entire Agreement: This Agreement contains all the agreements, conditions, promises and covenants between Plaintiffs and MassHealth and EOHHS, and their respective counsel, regarding matters set forth in this Agreement and supersedes all prior or contemporaneous agreements, drafts, representations or understandings, either written or oral, with respect to the subject matter of this Agreement.
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B. Binding Effect: Plaintiffs and MassHealth and EOHHS represent and warrant that they have authority to enter into this Agreement and that this Agreement shall be binding upon, and inure to the benefit of, their successors and assigns. Each of the persons executing this Agreement on behalf of a Plaintiff or MassHealth or EOHHS represents and warrants that he or she has the authority to do so.
C. Written Modification: Plaintiffs or MassHealth or EOHHS may not modify any provision of this Agreement, except by written consent of Plaintiffs and MassHealth and EOHHS. However, the deadlines for submitting data and reports to Plaintiffs’ counsel pursuant to Section III.G above may be modified by written consent of Plaintiffs and MassHealth, or their respective counsel.
D. Interpretation: Plaintiffs and MassHealth and EOHHS have participated in the drafting of this Agreement and, accordingly, any claimed ambiguity shall not be presumptively construed for or against any Plaintiff or MassHealth or EOHHS.
E. Force Majeure: MassHealth and EOHHS shall not be subject to any noncompliance motion for failure to perform under this Agreement, and any such failure shall not be considered a breach of or noncompliance with any provision of this Agreement, if such failure results directly from any act of God, riot, war, civil unrest, flood, or earthquake.
F. Waiver of Appeals: Plaintiffs and MassHealth and EOHHS waive any right to appeal or collaterally attack the [Proposed] Order of Final Judgment, if entered in the same form attached hereto as Exhibit E.
G. Execution: This Agreement may be executed in counterparts, each of which shall constitute an original instrument and all of which together shall constitute one and the same Agreement. This Agreement shall have no legal effect, and shall not be enforceable, until it is executed by all parties to the Agreement and signature pages are exchanged.
H. No Consent Decree: This Agreement shall not constitute, be construed as, or otherwise be incorporated into a consent decree or other order of the Court.
K. If No Entry of Proposed Order by Court: If the Court does not enter the [Proposed] Order of Final Judgment in the form attached hereto as Exhibit E, either Plaintiffs or MassHealth or EOHHS may determine, in their or its absolute judgment, that this Agreement is null and void and of no force or effect. Such a determination will be effective only if conveyed in writing to the other parties within ten (10) business days of entry of the order of judgment. In that event, nothing herein shall be deemed to prejudice the position of any Plaintiff or MassHealth or EOHHS with respect to this Action or otherwise, and neither the existence of this Agreement, nor any of its provisions, or any of the negotiations or proceedings leading to this Agreement, shall be admissible in evidence, referred to for any purpose in this Action or in any other litigation or proceeding, or construed as an admission, presumption or concession by any Plaintiff or -27-

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Defendant: Daniel Tsai, in his official capacity as Director of the Office of Medicaid (Massachusetts) Dated; i f ) M S , 2015
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Defendant: Marylou Sudders, in her official capacity as Secretary of the Executive Office of Health and Human Services Marylou Sudders
Dated1:: 0(Wf//S^;/ ,2015
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EXHIBIT A
IMPORTANT INFORMATION ABOUT VOTER REGISTRATION
Dear Applicant or Member:
You are receiving this letter because your recent interaction with MassHealth entitles you to voter registration materials under the National Voter Registration Act of 1993 (“NVRA”). A voter registration application is enclosed.
If you are a U.S. citizen and want to register to vote, fill out the enclosed voter registration application and send it to the local election official in your city or town, or deliver it to a MassHealth Enrollment Center or any MassHealth office. If you are not a U.S. citizen, you are not eligible to vote and you should not fill out a voter registration application.
If you have any questions about how to register to vote, or if you need help filling out a voter registration application, call one of the telephone numbers listed below or speak with an Eligibility Worker at a MassHealth Enrollment Center. The MassHealth Enrollment Center locations can be found at www.mass.gov/masshealth (click on “Contact Us Information for MassHealth Applicants and Members”).
MassHealth Customer Service Center: 1-800-841-2900 (TTY: 1-800-497-4648 for people who are deaf, hard of hearing, or speech disabled)
In addition to a voter registration application, a Voter Preference (“Declination”) Form is also enclosed on the back side of this notice. As required by the NVRA, this form is distributed with the voter registration application and contains important information about the voter registration process. You do not need to send the Massachusetts Voter Preference Form back to MassHealth or to your local election official, but you may want to keep it for future reference.

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EXHIBIT B
Commonwealth of Massachusetts Executive Office of Health and Human Services Office of Medicaid
www.mass.gov/masshealth

Eligibility Operations Memo X-X ___________ , 2015

TO:

MassHealth Eligibility Operations Staff

FROM: _______________, ________________

RE:

MassHealth Responsibilities under the National Voter Registration Act and the

Help America Vote Act

Introduction

This memo outlines the procedures MassHealth must use to ensure that MassHealth applicants and members are offered the opportunity to register to vote, and assistance in doing so, as required by the National Voter Registration Act (NVRA), the Help America Vote Act, and related state law. This memo also identifies the appropriate forms to be used in association with the voter registration process and related retention requirements.
This memo replaces Eligibility Operations Memo 12-07, issued November 1, 2012.

Voter Registration

Under federal law, MassHealth is required to offer applicants and members an opportunity to register to vote, and assistance in doing so, and to maintain records verifying this process. MassHealth is responsible for offering voter registration opportunities and assistance to applicants and members at application, annual redetermination, or change of address. In addition, MassHealth must provide the same degree of help in filling out the voter registration form as is offered with a MassHealth application or review form.

MassHealth may not coerce anyone to register to vote or attempt to persuade anyone to make any particular voting choices. No statements or actions by MassHealth should lead the individual to believe MassHealth benefits or services will be affected by the individual’s decision about whether to register to vote.

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Eligibility Operations Memo X-X ________, 2015 Page 2

Voter Eligibility

MassHealth is not responsible for determining an individual’s eligibility for voter registration. The local election official determines the registration status and mails an Acknowledgement Notice to every applicant with information that may include registration status and location of the polling place.

Voter Registration Materials

Each MassHealth Enrollment Center (MEC) must have the following voter registration material:
 Declination Forms;  Forms entitled, “Important Information About Voter Registration”  Massachusetts Official Voter Registration Forms (sometimes referred
to as voter registration affidavits);
 Massachusetts Official Mail-In Voter Registration Forms;  Secretary of the Commonwealth’s Voter Registration Workbook; and  Secretary of the Commonwealth’s Agency Voter Registration Order
Sheet

Posting Requirement

The following items must be posted at all MECs:
 A copy of M.G.L., chapter 56, sections 7, 8, and 9; and
 A “Register to Vote Here” poster.

Declination Form

A “Declination Form,” provided by the Secretary of the Commonwealth’s Office, is required by the NVRA and MEC staff must offer it to every individual who applies for coverage, redetermination of coverage, or a change of address at a MEC. MassHealth must keep Declination Forms for at least 22 months after the first federal election that occurs following the date on which the form is submitted, and thereafter as specified by applicable state document retention policies.
Part A: This part states the individual’s choice about voter registration, such as if he or she would like to register or is already registered. If the individual needs to change a registered name, address, or party enrollment, he or she should answer “Yes.”
Part B: This part of the form does not record the name of the applicant or member, but the eligibility worker records the applicant or member’s response to the question in Part A. Part B becomes an agency record.
Part C: This is the copy for the applicant or member. If meeting with the applicant or member in person at a MEC office, the MEC staff must detach and give it to every individual who applies for coverage, redetermination of coverage, or a change of address, regardless of whether the individual completes Part A.

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Eligibility Operations Memo X-X ________, 2015 Page 3

Important Information About Voter Registration

The form entitled, “Important Information About Voter Registration,” is required by the NVRA and MassHealth will include it with every mailing of voter registration materials following telephone applications and changes of address, and accompanying notices about redeterminations of coverage.

Voter Registration Forms

There are two official voter registration forms.
The Massachusetts Official Voter Registration Form (also referred to as the voter registration affidavit) is currently a two-part form. It is offered to and completed by an individual who wants to register to vote or change a name, address, or party enrollment in person while in the MEC. The Massachusetts Official Voter Registration Form is available in English, Spanish, and Chinese.

The Massachusetts Official Mail-In Registration Form is available in English, Spanish, Russian, Chinese, Vietnamese, Portuguese, HaitianCreole, Cape Verdean, and Khmer. Each MEC must maintain sufficient supplies of each, depending on the needs of the communities served. The Massachusetts Official Mail-In Registration Forms available at each MEC will be pre-coded with MassHealth’s agency code.

Voter Registration Process at the MEC

If the individual completes the two-part Massachusetts Official Voter Registration Form, MEC staff must give the individual the second page (yellow sheet) along with Part C of the Declination Form. The yellow sheet is the only proof that the individual has filled out the registration form until the local election official receives the original copy from MassHealth.

Information to help individuals complete specific sections of the Massachusetts Official Voter Registration Form

Sections 1 – -- If you have knowledge that an individual is not a U.S. Citizen, inform the individual that only U.S. citizens can register to vote and do not provide assistance in completing the voter registration application.
 Section 2 and 3 — self-explanatory
 Section 4 — must not provide a post office box. If the individual has no traditional address, e.g. is homeless, s/he should refer to the map at the top of the form to indicate the location at which s/he usually spends the night.

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Eligibility Operations Memo X-X ________, 2015 Page 4
 Sections 5 and 6 — self-explanatory. Note: A post office box may be provided for Section 5.
 Section 7 — identification number o federal law requires a valid and current Massachusetts driver’s license to register to vote; or o if no license, the last four digits of the social security number; or o if neither, “none” must be entered in the box
 Sections 8 and 9 — self-explanatory Note: It is not appropriate for MEC staff to explain or help the individual choose the party enrollment.
 Section 10 — if never registered to vote, leave this section blank  Section 11 — if physically unable to complete the form, the assisting
person must complete the form, sign it, and record his or her name on the form. A telephone number is optional.  Sections 12 through 14 — self-explanatory  Agency Designation Code — enter the code BBA.
MassHealth staff must enter the code BBA in the Agency Designation Code section in the lower right of the two-part Massachusetts Official Voter Registration Form. The Massachusetts Official Mail-In Registration Form is pre-printed with MassHealth’s Agency Designation Code.
MEC staff must mail the Massachusetts Official Voter Registration Form to the appropriate city or town local election official within five calendar days after the individual completes the form. The mailing address for each city and town is listed on the Massachusetts City and Town Directory page of the Secretary of the Commonwealth’s Elections Division website at www.sec.state.ma.us/ele/eleclk/clkidx.htm.

Voter Registration Process for Remote Transactions

Individuals who apply for coverage, annual redetermination of coverage, or change of address through remote means (online, telephone, mail/fax) must also receive voter registration services from MassHealth. For those applying for coverage online, MassHealth now offers voter registration opportunities through the online application portal at www.mahealthconnector.org. All paper MassHealth application packets contain a Massachusetts Official Mail-In Voter Registration Form and information contained on the Declination Form. Annual renewal mailings include a Massachusetts Official Mail-In Voter Registration Form and Important Information About Voter Registration Form. And, whenever an individual submits a telephone application or requests a change of address by any means, MassHealth will automatically mail the member or applicant a Massachusetts Official Mail-In Voter Registration Form and the Important Information About Voter Registration Form.

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Eligibility Operations Memo X-X ________, 2015 Page 5
The attached Job Aid contains detailed Voter Registration Processes for Maximus and the MECs for serving walk-in customers, taking phone applications, processing paper applications, and taking incoming phone calls with address changes,. The job aid includes specific steps for MEC receptionists and specific steps for MEC eligibility workers and Maximus CSRs. Also attached are scripts that MEC staff and Maximus staff must follow when interacting with members and applicants regarding the voter registration process.

Record Keeping

Each MEC must mail the original completed Declination Forms to the Electronic Document Management Center (EDMC) and also mail copies of completed voter registration forms to the EDMC on a weekly basis. EDMC staff will scan and store them electronically.

Attachments Questions

The following documents are included with this memo:  Declination Form;  “Important Information About Voter Registration” Form  Massachusetts Official Voter Registration Form (sometimes referred
to as voter registration affidavit);  Massachusetts Official Mail-In Voter Registration Form;  Job aid;  Scripts for Maximus and MECs, and  Copy of M.G.L., chapter 56, sections 7, 8, and 9.
If you have any questions about this memo, please have your MEC designee contact the Policy Hotline email at MassHealthHelp@MassMail.State.MA.US.

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Voter Registration Requirements

OVERVIEW
Under the National Voter Registration Act (NVRA), the Help America Vote Act and related state law, MassHealth is required to offer applicants and members an opportunity to register to vote and assistance in doing so. MassHealth is further required to maintain records verifying this process.
MassHealth is responsible for offering voter registration opportunities and assistance to applicants and members upon application for coverage, redetermination, or change of address. In addition, MassHealth must provide the same degree of help in filling out voter registration forms as is offered with a MassHealth application or review form.
MassHealth may not coerce anyone to register to vote or attempt to persuade anyone to make any particular voting choices. No statements or actions by MassHealth should lead the individual to believe MassHealth benefits or services will be affected by the individual’s decision about whether to register to vote.
VOTER REGISTRATION FORMS
 Declination Form Required by the NVRA, MEC/CPU staff must provide it to every individual who applies for coverage as well as at redetermination or a change of address occurring at a MEC.
 “Important Information About Voter Registration” Form Required by the NVRA, MEC/CPU staff must include it as part of every voter registration mailing connected to telephone applications, renewals, and changes of address.
NOTE: ACA/SACA application packets include the Mail-in Voter Registration form and the information contained in the Declination Form. There is no need to include the Important Information About Voter Registration Form in a mailing that contains the ACA/SACA application packet.

 Massachusetts Official Voter Registration Form Completed by an individual who wants to register to vote or update his or her registration due to a change of name, address, or party enrollment in person while in a MassHealth office. This is a small form with multiple colored copies.
 Mail-In Voter Registration Form Completed by individuals who wish to fill out a Voter Registration form outside a MassHealth Office. This form must be included with any mailed application or review form. This is an 8 ½ by 11 two sided card stock form.
MEC/MAXIMUS WALK -IN PROCEDURES:
MEC/Maximus Receptionist
 If the “walk-in” member/applicant drops off a change of address document such as a new utility bill or a note with his/her name and new address written on it, the MEC/Maximus receptionist must explain that if the member/applicant wishes to register to vote, the individual can do so at the office and can get help if needed, or the individual can take home a voter registration form. Explain that MassHealth will mail the voter registration form to the appropriate local election official if it is completed in the office. If the individual wants to register to vote at the office, provide a Massachusetts Official Voter Registration Form (if help is requested, refer the individual to an eligibility worker). If the individual asks to take a form home to fill out later, provide a Mail-in Voter Registration form. The MEC/Maximus receptionist must enter the member’s name and the reason for the visit (to report an address change) on the walk-in tracking log. The MEC/Maximus receptionist puts the reported address change document in a designated box for work to be mailed to the EDMC.
 If the “walk-in” member/applicant asks to see an eligibility worker, the MEC/Maximus receptionist must record the member/applicant’s name and reason for visit on the walk-in tracking log, specifying whether the member/applicant is there for help applying, for help reapplying, for help changing an address, or for assistance with another issue. The MEC/Maximus receptionist must provide the member/applicant a Declination Form and ask the member/applicant to complete it while

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waiting for the eligibility worker and then hand the completed form to the eligibility worker.
Eligibility Worker/Customer Service Representative (CSR)
 Upon welcoming the member/applicant into the interview room, the eligibility worker/CSR asks for the completed Declination Form and reviews it.
 If, in Part A of the Declination Form, the member/applicant checked off “No” or “Already registered where I live now”, no further action is needed. The eligibility worker/CSR completes Part B of the Declination Form and enters the member/applicant name, DOB and Medicaid ID on the top of the form. Tear off and hand the member/applicant Part C.
 If the member/applicant did not complete Part A of the Declination Form, the eligibility worker/CSR will ask the member/applicant to complete the form, and provide assistance in doing so if requested. If the member/applicant does not wish to complete the Declination Form but asks to take a voter registration form home to fill out later, provide a Mail-in Voter Registration form. If the eligibility worker/CSR knows that the member/applicant is not a U.S. citizen, explain that only U.S. citizens can register to vote, and do not provide a voter registration form or assistance in filling it out.
 If, in Part A of the Declination Form, the member/applicant checked off “Yes”, the eligibility worker/CSR will give the Massachusetts Official Voter Registration Form to the member and ask him/her to complete it, offering assistance if needed, and explaining that if the individual completes the form while at the office, MassHealth will mail the form to the appropriate election official. The eligibility worker/CSR will explain that an individual must be a U.S. citizen and 18 at the time of the next election in order to register to vote, unless the eligibility worker/CSR knows that the individual meets these qualifications. If the member/applicant indicates that he or she would prefer to complete a voter registration form at home, provide a Mail-in Voter Registration form. If the eligibility worker/CSR knows that the member/applicant is not a U.S. citizen, do not provide a voter

registration form or assistance in filling it out. The eligibility worker/CSR completes Part B of the Declination Form and enters the member name, DOB and Medicaid ID on the top of the form. Tear off and hand the member/applicant Part C.
 If a member/applicant has completed the Massachusetts Official Voter Registration Form in the office, the eligibility worker/CSR must write the code “BBA” in the box at the bottom right corner of the form, and then give the individual the second page (yellow sheet). The yellow sheet is the only proof that the individual has filled out the registration form until the local election official receives the original copy from MassHealth.
 At the end of the interview, the eligibility worker/CSR will return the Declination Form and the Massachusetts Official Voter Registration Form, if completed, to the front desk receptionist for delivery to the appropriate Local Election Official and the EDMC.
Clerical Supervisor or Designee
Once per day, the clerical supervisor or designee will photocopy the completed voter registration forms and mail the originals to the appropriate city or town clerk’s office/local election office. Before photocopying, the clerical supervisor or designee will make sure that the code “BBA” is written on the bottom right corner of each completed voter registration form. The mailing address for each city and town is listed on the Massachusetts City and Town Directory page of the Massachusetts Election Division Web site at www.sec.state.ma.us/ele/eleclk/clkidx.htm.
Once per week, the clerical supervisor or designee should mail out all original Declination Forms and copies of completed voter registration forms to the EDMC at the following address:
EDMC P.O. Box 4405 Taunton, MA 02780

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Voter Registration Requirements

MEC/MAXIMUS– TELEPHONE PROCEDURES
 Requests for Paper Applications If an individual requests an application (ACA/SACA), the CSR must mail the
ACA/SACA application packet, which includes a copy of the Mail-in Voter Registration form and information contained in the Declination Form.
 Renewals/Review Forms If a member calls to request an Eligibility Review form (ERV/MER) the MailIn Voter Registration form and Important Information About Voter Registration Form must be included in the mailing. The CSR must add a note in the Maximus Customer Relationship Management System (CRM), MassServe, that a Mail-in Voter Registration form was sent and the date it was sent.
 Address Changes If a member calls to report a change of address, the CSR will record the call as an address change call in MassServe and transfer the call to the MEC if the member is in the MA-21 system. If the member is in the HIX, or has referred eligibility from another agency, the CSR will process the reported change of address. When processing the reported change of address in the HIX, the CSR will not answer the voter registration question at the end of the application but intentionally leave it blank.1 Before transferring the call or processing the address change, the CSR must inform the member that MassHealth will be sending a mailing with a voter registration application and instruction on how to fill it out. Maximus will then mail a Mail-in Voter Registration form and the Important Information About Voter Registration Form to all households who report a change of address over the phone, and make a note in MassServe that a Mail-in Voter Registration form was sent and the date it was sent.
1 This is to ensure that the online application voter registration yes/no numbers do not include address changes but just include applications and renewals. Maximus will mail the voter registration application to these individuals.

TELEPHONE APPLICATION PROCEDURES As the Maximus CSR completes the phone application for the applicant, the CSR must inform the member that MassHealth will be sending a mailing with a voter registration application and instruction on how to fill it out. The CSR must then click “yes” to the voter registration question that appears below the application signature (“If you are not registered to vote where you live now and you are eligible to register to vote, would you like to apply to register to vote today?”). The clerical unit at one of the local MassHealth offices will then send all phone applicants a Mail-in Voter Registration form and the Important Information About Voter Registration Form based on a daily mail file that is generated by the Online Application Portal.
PAPER APPLICATION/REVIEW FORM PROCEDURES As the eligibility worker enters a paper application or paper renewal application, he/she MUST leave the answer to the voter registration question on the HIX blank, even if the applicant answered it on the paper application/renewal application (next to the signature page). Since all application packets contain a Mail-in Voter Registration Form, there is no need to mail another form to those who answer “yes” to the voter registration question.
PAPER ADDRESS CHANGE PROCEDURES As the eligibility worker processes a paper address change that is not accompanying an application or renewal application, he/she must do the following: Address a voter registration packet (that will be pre-packaged by each MEC’s clerical unit) to the head of household and put it in the outgoing mail box at the MEC at the end of the day. This voter registration packet will have an Important Information About Voter Registration Form and a voter registration form to complete and return to the household’s local election official. If the address change is being entered in the HIX, the eligibility

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worker will not answer the voter registration question at the end of the application but intentionally leave it blank.2
CPU/EDMC RESPONSIBILITIES:
Mail in Voter Registration FormsThe Mail-in Voter Registration form will be included with every application or review mailing. Applicants/members may return the Mail-in Voter Registration to MassHealth when submitting their application or review.
Preppers at the CPU and EDMC must review applications and reviews to check for the Voter Registration form. If the applicant/member returned the Mail-in Voter Registration form with the application/review:
1. Remove the voter registration forms from the application 2. Photocopy the form 3. Send the original Mail-in Voter Registration form to the
appropriate local election official’s office. Mail a copy of the voter registration form to the EDMC on a weekly basis where it will be stored electronically.
Declination FormsAll Declination Forms received at the MECs, CPU or Maximus must be mailed to and stored at the EDMC electronically on a weekly basis, after the eligibility worker enters the Member Name, DOB and Medicaid ID at the top of the form.

2 This is to ensure that the online application voter registration yes/no numbers do not include address changes but just include applications and renewals.

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EXHIBIT C-2
Voter Registration Scripts for MassHealth Enrollment Centers (MECs) and MassHealth Customer Service Center (Maximus)
Script for MEC/Maximus Voter Registration Walk-in Procedures
MEC/Maximus Receptionist Script to Read to Client:  Whenever a member/applicant asks to see an eligibility worker, the receptionist will take the member/applicant’s name and reason for visit and provide him/her a voter preference (“declination”) form and say: “Please complete Part A of this form while waiting to see the eligibility worker (or customer service representative). Please make sure to hand him or her the completed form.”
 Whenever a customer/member, without meeting with an Eligibility Worker, drops off a change of address document such as a utility bill or a note with their new address written on it, and the document is not accompanied by an application or review form, the receptionist will say: “If you want to register to vote today, you can complete a voter registration form here at the office, and get help if you need it. Or you can take one home. If you complete the form here, MassHealth will mail it to your local election official.”
 If the customer/member wants to register to vote in the office, the receptionist will hand the person a Massachusetts Official Voter Registration application and say: “Here is the voter registration form to fill out here at the office. Please take a few minutes to complete it and once you complete it, you can leave it with me. If you need help completing the form, you can meet with an eligibility worker (or customer service representative).”
Eligibility Worker/CSR Script to Read to Client:  Whenever a member/applicant hands the eligibility worker/CSR the completed voter preference (“declination”) form and Part A is answered “no” or “Already registered where I live now”, no further action is needed and the eligibility worker/CSR will say: “Thank you for completing the declination form. I will quickly complete Part B, put some information on the top of the form and then give you Part C to take home.” Tear off and give the member/applicant Part C of the declination form.
 Whenever a member/applicant hands the eligibility worker/CSR the declination form and Part A is not completed, the eligibility worker/CSR will say: “Please complete Part A in this form and then hand it to me. I can help you complete Part A if you would like.” If the member/applicant requests assistance, the eligibility worker/CSR will say: “If you are not registered to vote where you live now and you are eligible to register to vote, would you like to apply to register to vote here today? Yes? No? or Already registered where you live now? I will enter today’s date and please sign here.” Once completed with Part A, the

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eligibility worker/CSR will complete Part B, put the member’s/applicant’s name, DOB and Medicaid ID (if have one) on the top of the form and then give the member/applicant Part C of the declination form (if the member/applicant responds “yes” to the question on the declination form, provide the Massachusetts Official Voter Registration form and follow the procedure below).
 If the member/applicant does not wish to complete the declination form but requests a voter registration form to take home with him/her, the eligibility worker/CSR will give the member/applicant a mail-in voter registration form and say the following: “Here is a mail-in voter registration form you can take home with you. You or a member of your household can complete it and mail it to your local election office as is instructed on the form. Or, you can return it to any MassHealth office, and MassHealth will mail it for you. If you or someone in your household needs help in completing the form, call or visit MassHealth.”
 Whenever a member/applicant hands the eligibility worker/CSR the completed declination form and Part A is answered “yes”, the eligibility worker/CSR will give the Massachusetts Official Voter Registration form to the member/applicant and say the following, unless the eligibility worker/CSR knows that the member/applicant meets the age and citizenship requirements: “You must be a U.S. Citizen and 18 at the time of the next election to register to vote.” The eligibility worker/CSR will also say: “Here is the voter registration form. Please take a few minutes to complete it. I can help you if you like. Once you complete it, you can leave it with me and we will mail it to your local election office. Or if you’d prefer to take a form to complete at home and mail directly to your local election office, I can give you a mail-in voter registration form.” Once the member/applicant hands the eligibility worker/CSR the completed voter registration form or the eligibility worker/CSR gives the member/applicant the mail-in voter registration form, the eligibility worker/CSR will complete Part B, put the member’s/applicant’s name, DOB and Medicaid ID (if have one) on the top of the form and then give the member/applicant the yellow sheet (attached to the Massachusetts Official Voter Registration form), along with Part C of the declination form. If requested, provide assistance in completing the voter registration form.
 NOTE: if, at any time, the eligibility worker/CSR knows that a member/applicant is not a U.S. citizen, explain that only U.S. citizens can register to vote, and do not provide any type of voter registration form or assistance in completing it.

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Script for MEC/Maximus Voter Registration Telephone Procedures
Address Changes:  When a member calls to report a change of address, the Maximus CSR will transfer the call to the MEC if the member is in the MA-21 system. If the member is in the HIX, or has referred eligibility from another agency, the Maximus CSR will process the reported change of address. Either way, a mail-in voter registration form will be automatically mailed on a daily basis. Before transferring the call or processing the address change, the CSR will say: “Please be aware that MassHealth will be sending you a mailing with a voter registration application and instruction on how to fill it out. This is a federal requirement.”
Telephone Applications:
 When an applicant calls to complete a phone application, the CSR will say at the end of the application process: “Please be aware that MassHealth will be sending you a mailing with a voter registration application and instruction on how to fill it out. This is a federal requirement.”

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EXHIBIT D Topics to be Included in NVRA Training
About the National Voter Registration Act  Why Congress enacted the NVRA.  The role of MassHealth and other Public Assistance Agencies under the NVRA.  The relationship between MassHealth’s mission of providing public assistance benefits and provision of voter registration services, including the fact that MassHealth may be a client’s only way to easily access voter registration services.  The statutory requirements of the NVRA.
Roles of Different MassHealth Employees in Providing Voter Registration Services Including Office Directors, Assistant Directors, NVRA Coordinators, Supervisors, Eligibility Workers, Customer Service Representatives, and Receptionists.
Voter Registration Procedures  Availability and provision of voter registration materials and information in MassHealth Enrollment Center (“MEC”) lobbies and waiting rooms.  All aspects of voter registration services described in Exhibits B and C to the MassHealth Settlement Agreement (“Agreement”), and provision of voter registration services to Clients as set forth in the Agreement, including, but not be limited to: o Distribution procedures for various types of Covered Transactions as set forth in the Agreement. o Voter registration assistance procedures:  Provision of assistance in accordance with Exhibits B and C to the Agreement.  Instruction that Clients can send Mail-in Voter Registration Applications directly to local election officials, or physically deliver them (or Agency Voter Registration Applications) to MECs, or MassHealth Call Centers to be transmitted to local election officials.  Instruction that filled-out Voter Registration Applications that are delivered to MECs or MassHealth Call Centers must be checked for completeness, including at least the following fields: name, date, date of birth, address(es), identification number, the age and citizenship checkboxes, and Client signature. o Transmittal of filled-out voter registration applications in accordance with the NVRA, MassHealth regulations, and the Agreement.
Voter Registration Materials and Supplies: The requirement that at least a two (2) month supply of voter registration materials must be available at all MECs and MassHealth Call Centers.

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Oversight  The rationale for oversight, including that oversight and quality control help ensure that voter registration services are provided by MassHealth as required under the NVRA and the Agreement.  Types of oversight.  Who is responsible for each type of oversight.

Case 1:12-cv-10872-DJC Document 224-3 Filed 06/17/15 Page 48 of 49 EXHIBIT E

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

)

NAACP-NEW ENGLAND AREA

)

CONFERENCE; and NEW ENGLAND

)

UNITED FOR JUSTICE,

)

)

Plaintiffs,

)

)

v.

)

WILLIAM F. GALVIN, in his official capacity as Secretary of the Commonwealth; MARYLOU SUDDERS, in her official capacity as Secretary of the Executive Office of Health and Human Services; and DANIEL TSAI, in his official capacity as Director of the Office of Medicaid,

) ) ) ) ) ) ) )

Defendants.

) )

Civil Action No. 1:12-cv-10872-DJC

[PROPOSED] ORDER OF FINAL JUDGMENT Pursuant to Fed. R. Civ. P. 41(a)(2) and 58, and based on the Settlement Agreements by and between plaintiffs New England Area Conference of the National Association for the Advancement of Colored People and New England United for Justice (collectively “Plaintiffs”) and defendants Marylou Sudders (as successor to JudyAnn Bigby), in her official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”), and Daniel Tsai (as successor to Kristen Thorn), in his official capacity as Director of the Office of Medicaid (“MassHealth”); and by and between Plaintiffs and defendant William F. Galvin, in his official capacity as Secretary of the Commonwealth (“SOC”) (collectively, with EOHHS and MassHealth, “Defendants”), the Court directs an entry of final judgment dismissing, with prejudice, this action and all claims asserted against all Defendants. As provided in each of the Settlement Agreements referenced above, and the Settlement Agreement by and between Plaintiffs and former defendant Thomas G. Massimo (as successor to

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Daniel Curley), in his official capacity as Acting Commissioner of the Department of Transitional Assistance (Doc. No. 213-1), and without affecting the finality of this Order of Final Judgment, this Court shall retain jurisdiction, during the term of each Settlement Agreement, to adjudicate noncompliance motions and resolve disputes arising under each Settlement Agreement, all under the procedures set forth in each such Agreement.
Pursuant to Fed. R. Civ. P. 58(b)(2), the Court hereby approves the form of this Order of Final Judgment and directs the Clerk to promptly enter it.

Dated: June ___, 2015

_________________________________ Denise J. Casper United States District Judge

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EXHIBIT A

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SETTLEMENT AGREEMENT
I. Introduction
Plaintiffs New England Area Conference of the National Association for the Advancement of Colored People (“NAACP-NEAC”) and New England United for Justice (“NEU4J”) (collectively “Plaintiffs”)1 brought this Action alleging violations of Section 7 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20506 (formerly 42 U.S.C. § 1973gg-5), by William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts (“SOC”); Marylou Sudders (as successor to John Polanowicz), in her official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”); Thomas G. Massimo (as successor to Stacey Monahan), in his official capacity as Acting Commissioner of the Department of Transitional Assistance (“DTA”); and Daniel Tsai (as successor to Kristin Thorn), in his official capacity as Director of the Office of Medicaid (“MassHealth”) (collectively “Defendants”). The Complaint was filed on May 15, 2012 against the SOC, DTA, and EOHHS. An Amended Complaint, adding MassHealth as a Defendant, was filed with the Court’s approval on March 17, 2014 (Doc. 138, 143). Plaintiffs allege widespread past and ongoing violations of Section 7 of the NVRA by Defendants and are seeking declaratory and injunctive relief. Defendants, for their part, have denied the allegations and any violation of law.
Plaintiffs and Defendants SOC, DTA, and EOHHS entered into an Interim Agreement on July 5, 2012 (Doc. 35-1), by which, among other things, these parties agreed to a stay of litigation. The stay was approved by the Court (Doc. 31) and expired on December 31, 2012. Thereafter, litigation resumed.
Plaintiffs and DTA now desire to resolve and settle this Action without further litigation and expense. Plaintiffs and DTA agree to the following terms in full and final resolution and settlement, and dismissal with prejudice, of Plaintiffs’ claims against DTA in this Action. By entering into this settlement agreement (“Agreement”), DTA does not admit any liability or any violation of the NVRA or any other law, and this Agreement shall not constitute evidence of any wrongdoing or violation of law. This Agreement does not resolve or settle Plaintiffs’ claims under Section 7 of the NVRA brought against Defendants SOC, EOHHS, and MassHealth.
II. Definitions
A. “Agency Voter Registration Application” means a voter registration application created by the SOC and intended for use during in-person transactions at Voter Registration Agencies. Such Application contains a space to place a code indicating that the Application was completed at an agency (an “Agency Code”).
1 Bethzaida Delgado, originally a plaintiff in this Action, was voluntarily dismissed on March 14, 2014 (Doc. 138).

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B. “Action” means this action, New England Area Conference of the National Association for the Advancement of Colored People, et al. v. Galvin, et al., Civil Action No. 1:12-cv-10872-DJC (D. Mass.).
C. “BEACON” means the computer system used by DTA for eligibility and benefits case management.
D. “Client” means (1) any individual who is applying for Public Assistance Benefits, including those who have authorized representatives acting on their behalf, or (2) any individual who is receiving Public Assistance Benefits.
E. “Covered Transaction” means a transaction in which a Client applies for Public Assistance Benefits, renews or recertifies his or her eligibility for Public Assistance Benefits, or submits a change of address, whether in-person at a Local DTA Office, or through remote methods, including without limitation, the telephone, facsimile, mail, electronic means, or the Internet.
F. “Document Production” means the part of the DTA that prints and mails materials to Clients regarding the provision of Public Assistance Benefits.
G. “DTA” means the Massachusetts Department of Transitional Assistance and includes, without limitation, its offices, agents and employees.
H. “DTA Case Manager” or “Case Manager” means a DTA employee who conducts Covered Transactions by interacting with Clients through in-person or remote methods regarding the application for or provision of Public Assistance Benefits.
I. “Effective Date” means the date on which this Agreement shall become effective, that is, the date on which the [Proposed] Order of Final Judgment Only As to Claims Against Defendant Massachusetts Department of Transitional Assistance (“[Proposed] Order of Final Judgment”), in the form attached hereto as Exhibit D, is entered by the Court.
J. “EOHHS” means the Executive Office of Health and Human Services and includes, without limitation, its offices, agents and employees.
K. “Execution Date” means the last date on which this Agreement is signed by all Plaintiffs and DTA.
L. “Interim Agreement” means the agreement entered into by Plaintiffs and Defendants DTA, EOHHS, and SOC on July 5, 2012 (Doc. 35-1).
M. “Local DTA Office” means any DTA office in the Commonwealth of Massachusetts through which a Client may engage in a Covered Transaction. There are currently twenty-two (22) Local DTA Offices.
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N. “Mail-in Voter Registration Application” means a voter registration application created by the SOC and intended for use by any person to submit a voter registration application by mail.
O. “MassHealth” means the Office of Medicaid within EOHHS and includes, without limitation, its offices, agents and employees.
P. “NVRA” means the National Voter Registration Act of 1993, 52 U.S.C. § 20501 et seq. (formerly 42 U.S.C. § 1973gg et seq.).
Q. “Public Assistance Benefits” means those benefits available under the programs administered by DTA, including, without limitation, the Supplemental Nutrition Assistance Program (“SNAP”) (formerly known as “Food Stamps”), Emergency Aid to the Elderly, Disabled and Children (“EAEDC”), and Transitional Aid to Families with Dependent Children (“TAFDC”).
R. “Remote Transaction” means a Covered Transaction that is carried out by methods other than in-person at a Voter Registration Agency such as a Local DTA Office, including, without limitation, those carried out by telephone, facsimile, mail, electronic means, or the Internet.
S. “SOC” means the Secretary of the Commonwealth of Massachusetts and includes, without limitation, the Secretary of the Commonwealth, and his offices, agents, and employees.
T. “Virtual Gateway” means the online portal, operated by EOHHS that enables Clients to initiate an application for certain Public Assistance Benefits through the Internet.
U. “Voter Preference Form” means the form referred to as the “declination form” in Massachusetts, containing the language quoted in Section 7 of the NVRA, 52 U.S.C. § 20506(a)(6)(B).
V. “Voter Registration Agency” means an office designated as such under Section 7 of the NVRA, 52 U.S.C. § 20506(a).
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W. “Voter Registration Application” means either a Mail-in Voter Registration Application or Agency Voter Registration Application, as defined in this Agreement.
III. Substantive Provisions
A. Staffing
1. DTA shall designate a Statewide NVRA Coordinator who shall generally oversee DTA’s performance of NVRA responsibilities and the requirements of this Agreement, including training, oversight, reporting, monitoring, and other aspects of the implementation of the NVRA. DTA shall incorporate NVRA responsibilities into the job performance evaluation for such Coordinator.
2. DTA shall designate an NVRA Coordinator for each Local DTA Office (“Local NVRA Coordinator”) to help ensure compliance with the NVRA and this Agreement by each Local DTA Office.
3. DTA shall incorporate NVRA responsibilities into the job performance evaluation for each Director and Assistant Director of a Local DTA Office.
4. In the job descriptions for all non-managerial DTA Case Managers, supervisors and clerks, DTA shall add the NVRA to the list of federal statutes that DTA is obligated to comply with. This provision is contingent upon union approval if it is determined to require “impact bargaining.”
B. Physical Office
1. DTA shall make television announcements in the waiting room(s) and/or lobbies of each Local DTA Office that has such technology to explain to Clients and visitors how to register to vote at that Office and to offer voter registration assistance. DTA shall confer with Plaintiffs’ counsel in good faith on the final content of the announcements, but DTA retains the right to decide the final content of the announcements.
2. Signs regarding voter registration provided by the SOC shall be posted in prominent locations in the waiting room(s) and/or lobbies in each Local DTA Office.
3. Voter Registration Applications shall be visible and easily available in the waiting room(s) and/or lobbies in each Local DTA Office for anyone visiting the Office.
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4. Each Local DTA Office shall maintain at least a two-month’s supply of both Mail-in Voter Registration Applications and Agency Voter Registration Applications in at least English, Spanish, and Chinese. DTA shall determine what amount constitutes a two-month supply for each Local DTA Office. It shall be the responsibility of the Statewide NVRA Coordinator, and the Local NVRA Coordinator or Director/Assistant Director for each Local DTA Office, to ensure that each Office has at least a two-month’s supply of Voter Registration Applications at all times.
5. The Local NVRA Coordinator or Director or Assistant Director for each Local DTA Office shall also ensure that each Office has adequate supplies of Agency Voter Registration Applications at all locations in the Office where pre-assembled Public Assistance Benefits application packets are accessible to Clients or Case Managers, and at all locations in the Office where Client interviews are conducted, including, without limitation, at Case Manager desks. This provision shall also apply to all Local DTA Offices at which Clients visit in-person and use remote methods to engage in Covered Transactions.
C. Voter Registration Procedures 1. In General a. As detailed below, DTA shall provide voter registration services during all Covered Transactions. b. DTA shall provide Plaintiffs’ counsel with at least seven (7) business days advance notice and opportunities to offer comments before finalizing any substantive changes to voter registration procedures and training materials during the term of this Agreement. 2. Distribution of Voter Registration Materials – In General a. For each Covered Transaction, DTA shall distribute to each Client a Voter Registration Application and a Voter Preference Form.
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b. During each in-office Covered Transaction conducted at a Local DTA Office, a Case Manager or other DTA employee shall distribute to each Client a Mail-in Voter Registration Application and a Voter Preference Form. 2 3 DTA shall distribute an Agency Voter Registration Application and offer assistance to any Client who chooses to register to vote at a Local DTA Office. DTA shall instruct Case Managers to ensure, prior to conducting interviews with Clients, that Agency Voter Registration Applications are available at their desks and at other locations in Local DTA Offices where Case Managers may conduct Client interviews.
c. By no later than April 30, 2015, for each Remote Transaction, DTA shall deliver by mail to each Client a Mail-in Voter Registration Application and a Voter Preference Form. A letter accompanying each mailing shall state prominently that voter registration materials are included, and will include the additional explanatory language shown in Exhibit A.4 This mailing shall occur automatically for all:
(i) SNAP recertifications, together with the notice of recertification sent shortly before the end of the recertification period;
(ii) Remote SNAP applications, together with: (1) the notice of scheduling of a telephone interview; (2) a notice of approval/disapproval sent to the Client after the conclusion of an interview; or (3) any other DTA form or notice sent during the application process;
2 At the Execution Date, the SOC has made available a Mail-in Voter Registration Application that is pre-coded with DTA’s Agency Code. DTA shall use such Application, or another comparable Application that the SOC may make available with agreement by Plaintiffs, for all Covered Transactions, except in cases where Clients choose to register to vote at Local DTA Offices; in such cases, the Agency Voter Registration Application shall be used. 3 A Client who visits a Local DTA Office to conduct a recertification interview after receiving a recertification notice/packet by mail, as provided in Section III.C.2.c. below, shall be offered additional voter registration materials and services at a Local DTA Office, as provided in Section III.C.3.b. below and the BEACON script shown in Exhibit B. 4 At the Execution Date, the SOC is developing a separate, standardized Voter Preference Form, containing the language in the current Form and language substantively similar to Exhibit A, to be used by Voter Registration Agencies if such Agencies conduct automatic mailings of voter registration materials in connection with Remote Transactions. If and when the SOC, with Plaintiffs’ counsel’s comments and agreement, finalizes this standardized Form, DTA shall replace the Voter Preference Form and the explanatory language in Exhibit A with such standardized Form in all automatic mailings described in Sections III.C.2 and III.C.3.
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(iii) Changes of address, i.e., any time a field corresponding to a Client’s address is updated in BEACON more than ten (10) days after a Client’s application for Public Assistance Benefits or a recertification/reevaluation interview; and
(iv) Any other Remote Transactions that occur during the term of this Agreement.
(v) DTA shall attempt to, and anticipates that it will, send the voter registration materials identified in Section III.C.2.c above to a Client prior to a Case Manager’s initial telephone or in-office interview with the Client, in each transaction where such an interview is scheduled.
3. Distribution of Voter Registration Materials – Specific Transactions
a. During each interview with a Client applying for Public Assistance Benefits at a Local DTA Office, DTA Case Managers shall distribute to each Client a pre-assembled packet that includes, on the top of the packet, a Mail-in Voter Registration Application and a Voter Preference Form.5 If a Client chooses to register to vote at a Local DTA Office, a Case Manager shall distribute the Agency Voter Registration Application to the Client and offer assistance in completing the Application, in accordance with the BEACON script attached hereto as Exhibit B. This provision shall also apply to Clients who are present in-person at a Local DTA Office but who use remote methods to conduct a Covered Transaction (e.g., by telephone in a separate room at a Local DTA Office).
b. DTA shall include a Mail-in Voter Registration Application and a Voter Preference Form, together with the explanatory language shown in Exhibit A, in each mailing that starts a Client’s recertification process for Public Assistance Benefits, as provided in Section III.C.2.c above. If a Client subsequently visits a Local DTA Office for an in-office interview, a Case Manager shall offer to provide the Client additional voter registration materials in accordance with the BEACON script shown in Exhibit B.
c. A Mail-in Voter Registration Application and a Voter Preference Form, together with the explanatory language shown in Exhibit A, shall be sent to each Client who changes his or her address regarding the receipt of Public Assistance Benefits, as provided in Section III.C.2.c above.
5 As stated in footnote 2 above, DTA shall use pre-coded or codable Mail-in Voter Registration Applications if they are made available by the SOC.
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d. If the Statewide NVRA Coordinator, Local NVRA Coordinator, or Director or Assistant Director at a Local DTA Office becomes aware that a specific Client did not receive a Voter Registration Application as required by this Agreement, a mailing shall be promptly sent to such Client, including a Mail-in Voter Registration Application, a Voter Preference Form, and a letter explaining why the mailing has been sent and including the explanatory language shown in Exhibit A. DTA shall also instruct Case Managers to follow this procedure.
e. In addition to any other procedures and practices required by this Agreement, DTA shall request that EOHHS make a Mail-in Voter Registration Application available for download through Virtual Gateway for online SNAP applications. DTA shall further request that EOHHS modify the Virtual Gateway system (and any other online systems that may become available to enable Clients to access the SNAP application or engage in a Covered Transaction) so that Clients have the option to connect through a link to an online Voter Registration Application.
4. Assistance
a. For all Covered Transactions in which a DTA Case Manager has contact with a Client, either in-person or by remote methods, the Case Manager shall offer voter registration assistance to each Client, and shall provide such assistance to Clients who do not decline such offer. This includes Clients who engage in Covered Transactions in-person at Local DTA Offices but who conduct the Covered Transaction by remote methods (e.g., by telephone in a separate room at the Local DTA Office).
b. Case Managers shall offer and provide assistance to Clients in filling out voter registration materials in accordance with the BEACON script shown in Exhibit B, and in any event, to the same extent as assistance is offered and provided in filling out DTA’s own forms.
c. Assistance in filling out and submitting Voter Registration Applications shall be available to Clients through DTA’s customer service hotline as well as from Case Managers.
d. DTA shall make voter registration assistance available in at least Spanish, Chinese, and English.
e. As shown in Exhibit A, Clients shall be informed in any mailing that includes voter registration materials that, in addition to obtaining voter registration assistance from Case Managers to complete Voter Registration Applications, they can submit filled out Voter Registration Applications in person at any Local DTA Office. If a Client does so, DTA shall submit the filled out Voter Registration Application to the Client’s local election official. -8-

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f. Case Managers shall review filled out Voter Registration Applications for completeness of all mandatory fields necessary to register to vote, including name, date, date of birth, address(es), identification number, eligibility confirmation, and Client signature. Case Managers shall not be required to check for completeness of the entry of party affiliation, or to determine a Client’s eligibility to register to vote. If a Case Manager has knowledge that an individual is not a United States citizen, the Case Manager shall advise the individual that he or she is not eligible to register to vote and should not fill out the Voter Registration Application.
5. Transmittal
a. For in-office Covered Transactions, Case Managers shall collect filled-out Voter Registration Applications from Clients and deliver them to the designated DTA employee at that Case Manager’s Local DTA Office for transmitting to each Client’s local election official. This provision also applies to Clients who visit a Local DTA Office in person and who engage in a Covered Transactions by remote methods (e.g., by telephone in a separate room at the Local DTA Office).
b. DTA shall transmit each filled out Voter Registration Application to the Client’s local election official within five (5) days of completion, as required by 106 CMR § 360.950(B), but in any event, no later than as required by the NVRA, 52 U.S.C. 20506(d).
c. DTA shall code each filled out codable Voter Registration Application with the appropriate Agency Code before transmitting it to the Client’s local election official.
d. Each Local DTA Office clerk, or other individual(s) designated by the Local DTA Office as the individual(s) responsible for coding Voter Registration Applications, shall maintain a count of the number of filledout Voter Registration Applications and shall transmit such Applications to local election officials in accordance with Section III.C.5.b. above.
D. BEACON Workflow and Script
1. By no later than July 31, 2015, DTA shall implement revisions to the BEACON voter registration workflow. The revised BEACON system shall operate in accordance with the protocol described in Exhibit B, including scripts and questions that must be answered by Case Managers.
2. Case Managers shall complete the BEACON voter registration workflow during interviews with Clients, except for changes of addresses or other Covered Transactions where there is no in-person contact, or in the event that BEACON is temporarily not operating.
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3. Each answer to each question described in the protocol attached hereto as Exhibit B shall be recorded and stored in the BEACON system for any period required by applicable law or regulation, but, in any event, for no less than four (4) years.
E. Training
1. Simultaneously with the implementation of the procedures for the distribution of voter registration materials described in Sections III.C.1 through III.C.3 above, DTA shall issue a Field Operations Memorandum or a document that replaces the Field Operations Memorandum describing the new procedures implemented pursuant to this Agreement and instructing Case Managers on how to complete the questions in the existing BEACON protocol. Among other things, the Field Operations Memorandum shall instruct Local DTA Offices that Agency Voter Registration Applications must be available at all locations where Client interviews will be conducted, including at Case Manager desks, and at all locations where the pre-assembled packets described in Sections III.C.2.b and III.C.3.a above are available. DTA shall deliver a draft of the Field Operations Memorandum to Plaintiffs’ counsel no later than seven (7) business days before the date that it will be finalized. During that seven-day period, Plaintiffs’ counsel may offer comments and suggestions before the Field Operations Memorandum is finalized by DTA.
2. Within three (3) weeks after issuance of the Field Operations Memorandum discussed in Section III.E.1 above, DTA shall ensure that Local DTA Office Directors, Assistant Directors, NVRA Coordinators, and/or supervisors have trained all DTA employees who have voter registration responsibilities regarding all new voter registration procedures in the Field Operations Memorandum. DTA shall, in its discretion, conduct additional training if it determines that any new procedures are potentially confusing to Case Managers.
3. Simultaneously with the launch of BEACON workflow and script changes described in Section III.D above, DTA shall conduct formal mandatory training through its training unit for all employees who have voter registration responsibilities. The training shall be a webinar or other interactive format, and shall, at a minimum, include the elements described in Exhibit C attached hereto. Plaintiffs’ counsel shall be provided at least seven (7) business days advance notice and an opportunity to review and comment on the training materials.
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4. DTA shall create and maintain training materials regarding the NVRA and this Agreement in consultation with the SOC, as appropriate, for regular use by DTA. Such training materials shall be reviewed and updated, if necessary, at least once each year by DTA. Plaintiffs’ counsel shall be provided at least seven (7) business days advance notice and an opportunity to review and comment on any updates to the training materials.
5. All new employee training programs and all transferee orientation training programs for DTA Case Managers and/or supervisors shall include training to ensure compliance with voter registration responsibilities under the NVRA and this Agreement. All such programs shall include, among other things, explanations of any applicable procedures and practices described in this Agreement. At a minimum, the training shall include the elements described in Exhibit C.
6. All DTA Case Managers and supervisors shall be required to take a mandatory “annual refresher” training via interactive webinar (or similar interactive format) regarding their responsibilities under the NVRA and this Agreement. DTA shall use the training that occurs simultaneously with the launch of the BEACON programming changes described in Section III.D. above as a model for its mandatory “annual refresher” regarding voter registration. The training that occurs simultaneously with the launch of the BEACON programming changes shall count as the first “annual refresher” training regarding voter registration.
7. All DTA Case Managers and supervisors shall complete a “Knowledge Check” once each year. Plaintiffs’ counsel shall have at least seven (7) business days advance notice and an opportunity to review and comment on the “Knowledge Check”. DTA may, at its discretion, modify and/or incorporate the existing “Knowledge Check” into the “annual refresher” described in Section III.E.6. above. Plaintiffs’ counsel shall be provided at least seven (7) business days advance notice and an opportunity to review and comment on any such modification.
8. All other DTA employees shall be trained regarding voter registration requirements that pertain to their job responsibilities. Plaintiffs’ counsel shall have at least seven (7) business days advance notice and an opportunity to review and comment on any training materials. (By way of example only, DTA shall provide training and materials, such as a desk reference checklist or “job aid,” to each Local DTA Office clerk or individual responsible for transmitting filled-out Voter Registration Applications to local election officials to guide that employee through his or her voter registration responsibilities.)
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9. DTA shall maintain all training materials regarding the NVRA, voter registration services, and this Agreement on the DTA intranet, which shall be available for any Case Manager to review.
10. DTA shall maintain a record of each employee’s formal mandatory training history regarding the NVRA, voter registration services, and this Agreement.
11. Written guidance and training by supervisors shall be provided to DTA employees regarding voter registration responsibilities within fifteen (15) days of finalizing any material changes/edits/updates to voter registration procedures, materials, or functions in BEACON.
F. Monitoring
1. Monthly Data Review and Follow Up by State NVRA Coordinator
Except where otherwise specified below, the requirements of this Section III.F. shall extend from the first month after the Effective Date to the end of the last month of the term of this Agreement.
a. Each Local DTA Office shall, on a monthly basis, manually count the number of Voter Registration Applications filled out by Clients and other individuals that are transmitted to local election officials and report that number to the Statewide NVRA Coordinator.
b. The Statewide NVRA Coordinator shall review, on a monthly basis, for each Local DTA Office, the following information to understand the voter registration activities occurring through Local DTA Offices, except that the information described in Section III.F.1.b(ii), and Sections III.F.1.b(iv) through III.F.1.b(vi), below shall be reviewed beginning with the first month after the BEACON protocol described in Exhibit B and automatic mailings described in Section III.C.2.c. above, respectively, commence.
(i) The manual counts of Voter Registration Applications filled out by Clients described in Section III.F.1.a. above.
(ii) A numerical compilation of the responses to each of the voter registration questions in BEACON described in Exhibit B.
(iii) The number of Covered Transactions, by the following types and locations: in-office applications, remote applications, in-office recertifications/reevaluations, remote recertifications, and changes of address that are updated in BEACON more than ten (10) days after a Client’s application for Public Assistance Benefits or recertification/reevaluation interview.
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(iv) From Document Production, the number of automatic application mailings.
(v) From Document Production, the number of recertification mailings.
(vi) From Document Production, the number of change of address mailings.
c. Separately, for each Local DTA Office, on a monthly basis, the Statewide NVRA Coordinator shall compare the number of Voter Registration Applications filled out by Clients, as recorded by the BEACON system, to the reported manual counts of Voter Registration Applications filled out by Clients. Whenever the manual counts are lower than the numbers recorded by the BEACON system for that month, the Statewide NVRA Coordinator shall calculate the percentage differences. The Statewide NVRA Coordinator shall also compare, from the first month after the commencement of automatic mailings described in Section III.C.2.c. above, the number of Covered Transactions by each type that required a mailing with the number of mailings of that type that Document Production actually mailed.
d. Based on the comparisons described in Section III.F.1.c. above, the Statewide NVRA Coordinator shall be required to: (a) identify potential issues that the Statewide NVRA Coordinator determines may suggest noncompliance with the NVRA and/or the requirements of this Agreement; (b) follow up with the relevant Local DTA Offices to address all such issues; and (c) as appropriate, correct all such issues in the Offices identified below during the periods specified:
(i) Beginning with the first month after the Effective Date and continuing for twenty-four (24) months thereafter, or twenty-four (24) months after the BEACON changes described in Section III.D.1 above and Exhibit B are implemented, whichever is later, such follow up shall occur in no fewer than three (3) but no more than five (5) Local DTA Offices each month. Such “follow up offices” shall include:
(1) Beginning with the first month after the BEACON changes described in Exhibit B are implemented, three (3) Offices from among the five (5) highest Offices with “No” responses to BEACON Question 1 for in-person applications (the three (3) Offices to be selected at the Statewide NVRA Coordinator’s discretion);
(2) Two (2) Offices to be selected by Plaintiffs’ counsel;
(3) In the event that fewer than three (3) Offices qualify under Section III.F.1.d(i)(1) above (for instance, during the months before the -13-

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BEACON protocol shown in Exhibit B is implemented), the Statewide NVRA Coordinator shall select up to three (3) additional Offices, at his or her discretion, for follow up.
(ii) Following the end of the period described in Section III.F.1.d(i) above, and continuing until the end of the term of this Agreement, the follow up shall occur at no fewer than one (1) but no more than three (3) Local DTA Offices each month. Such “follow up offices” shall include:
(1) Two (2) Offices selected by Plaintiffs’ counsel;
(2) The Statewide NVRA Coordinator shall choose one (1) Office at his or her discretion; and
(3) In the event that Plaintiffs’ counsel do not select any Offices, the Statewide NVRA Coordinator may choose up to two (2) additional Offices, at his or her discretion, for follow up.
e. As used in this Agreement, the “reconciliation process” is an investigation conducted by the Statewide NVRA Coordinator, a Local DTA Office Director or Assistant Director, and/or Local NVRA Coordinator, as appropriate, into the reason(s) for any difference between the manual count of filled out Voter Registration Applications transmitted to local election officials and the number recorded by the BEACON system. The reconciliation process shall include one or more of the following additional actions: review of Client case files, review of BEACON data, and interviews of Case Managers and/or Clients. The reconciliation process shall also include any remedial actions that may be taken by DTA, including the retraining of Case Managers or other actions. Each Local NVRA Coordinator or Director or Assistant Director of a Local DTA Office shall report to the Statewide NVRA Coordinator a summary of the reconciliation process performed at that Office.
f. The reconciliation process shall occur as described below.
(i) For Local DTA Offices reporting a lower manual count of filled out Voter Registration Applications than the number of filled out Voter Registration Applications recorded by the BEACON system, the reconciliation process shall occur as follows:
(1) Beginning with the first month after the Effective Date and continuing for twenty-four (24) months thereafter, or twenty-four (24) months after the BEACON changes described in Section III.D.1 above and Exhibit B are implemented, whichever is later, the reconciliation process shall occur each month at the five (5)
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Local DTA Offices with the highest percentage differences between such manual counts and such BEACON data;
(2) Following the end of the period described in Section III.F.1.f(i)(1) above and continuing until the end of the term of this Agreement, the reconciliation process shall occur each month at the three (3) Local DTA Offices with the highest percentage differences between such manual counts and such BEACON data; and
(3) In any event, for any month, the reconciliation process shall occur only at Local DTA Offices at which such manual counts are lower than such BEACON data, and where the total number of filled out Voter Registration Applications as recorded in BEACON is more than ten (10).
(ii) For any month during which ten (10) or fewer Voter Registration Applications are filled out by Clients at a Local DTA Office, as recorded by the BEACON system, the reconciliation process shall occur at one (1) such Office where the manual count of filled out Voter Registration Applications was lower than the BEACON count by three (3) or more.
(iii) The reconciliation process shall occur at each Local DTA Office at least once in every twelve (12) month period. A reconciliation process conducted pursuant to Section III.F.1.f(i) or III.F.1.f(ii) above shall satisfy this requirement.
g. The Statewide NVRA Coordinator shall distribute the data described in Section III.F.1.b. above to each Local DTA Office. Notwithstanding the foregoing, the Statewide NVRA Coordinator shall distribute the information described in Section III.F.1.b(ii) above, and Sections III.F.1.b(iv) through III.F.1.b(vi) above, beginning with the first month after the BEACON protocol described in Exhibit B and automatic mailings described in Section III.C.2.c. above, respectively, commence. The Statewide NVRA Coordinator shall also notify relevant Offices of the need to engage in the reconciliation process.
2. Data Review and Follow Up by Local DTA Offices
a. On a monthly basis, each Local NVRA Coordinator, or Director or Assistant Director of each Local DTA Office, shall review the data distributed under Section III.F.1.g. above for that Office to identify potential issues that he or she determines may suggest noncompliance with the NVRA and/or the requirements of this Agreement. Such individual shall then follow up to address such issues in his or her Office, as appropriate, and report any remedial actions that may be taken to the Statewide NVRA Coordinator. -15-

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b. For each month that a Local DTA Office is a “follow up office” (as described in Section III.F.1.d.i(1) above), follow up action shall include, at a minimum, a review of the BEACON narratives for each “No” response to determine the reason(s) for the “No” response and to correct any issues if necessary.
c. Additional follow up actions taken at Local DTA Offices under Section III.F.1.d above shall be determined by the Statewide NVRA Coordinator and may include, but need not be limited to, general inquiries of Local DTA Office Directors or Assistant Directors, review of BEACON narratives and responses, review of Client case files, and interviews of Case Managers and/or Clients.
d. To the extent that a Local NVRA Coordinator, or Director or Assistant Director of a Local DTA Office, identifies, independently of other monitoring or reviews described in this Agreement, any issues that such individual determines may suggest noncompliance with the NVRA and/or the requirements of this Agreement, the individual shall follow up to address such issues in the Office, as appropriate, and report any remedial actions that may be taken to the Statewide NVRA Coordinator.
3. Document Production: At least once every six (6) months, Document Production shall conduct quality control tests to ensure that voter registration materials are included in automated mailings.
4. Local Office Quality Control Reviews
a. No later than thirty (30) days following the Effective Date, DTA shall finalize a protocol for a Local Office Quality Control (LOQC) review relating to NVRA compliance. No later than ten (10) business days before the NVRA requirements of LOQC reviews are finalized, DTA shall deliver a draft of the requirements to Plaintiffs’ counsel. During that ten (10) day period, Plaintiffs’ counsel may offer comments and suggestions before the requirements are finalized by DTA. LOQC reviews shall include, but need not be limited to, the following actions:
(i) At least an annual review of case files pertaining to a random sample of four hundred (400) Clients who are United States citizens, which shall include:
(1) Checking the answers to the BEACON voter registration questions, and reviewing any related narratives and the nature of any follow up actions taken; and
(2) Checking the responses to the BEACON question: “Was a voter registration application completed,” and if BEACON indicates that a Voter Registration Application was completed in a Local DTA -16-

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Office by the Client, requesting that the Local DTA Office provide records (either a physical copy of the Voter Registration Application or manual count records) showing that the Application was sent to the Client’s local election official within five (5) days of completion, as required by 106 CMR § 360.950(B), but in any event, no later than as required by the NVRA, 52 U.S.C. 20506(d); and
(3) For Clients that engaged in Remote Transactions, checking the answers to BEACON questions, reviewing the Client’s case file in BEACON to confirm that voter registration materials were mailed, and reviewing any related narratives and/or any follow up actions taken.
(ii) At least annually for each Local DTA Office, LOQC staff shall conduct a spot check to ensure that:
(1) Voter Registration Applications and Voter Preference Forms are included in the pre-assembled packets described in Section Sections III.C.2.b and III.C.3.a above that are distributed to Clients during in-person interviews.
(2) Each Local DTA Office has adequate amounts of voter registration materials, based on the assessment of each Local DTA Office and the Statewide NVRA Coordinator of what constitutes an adequate supply, and that Agency Voter Registration Applications are available in comparable numbers to the pre-assembled packets described in Sections III.C.2.b and III.C.3.a above at all locations where client interviews are conducted, including at Case Manager desks, and also at all locations where pre-assembled packets described in Sections III.C.2.b and III.C.3.a above are accessible to Clients or Case Managers.
(3) “Register to Vote Here” posters (and other required postings) are observable at the Local DTA Office, and that Voter Registration Applications are available in the waiting room(s) and/or lobbies of each Office.
(4) Local DTA Office waiting room(s) and/or lobbies that contain televisions display information explaining how to register to vote at that Office and offering voter registration assistance.
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(iii) If any problems or mistakes in providing voter registration services are found during the LOQC process, including any issues involving individual Case Managers, LOQC staff shall refer such problems or mistakes to the Statewide NVRA Coordinator for appropriate follow up or corrective action with the particular Office or Case Manager. In addition, the Statewide NVRA Coordinator shall ensure that appropriate remedial action is taken with respect to Clients who may not have received required voter registration services.
5. Additional Quality Control
a. DTA shall also do the following:
(i) Conduct a survey of at least 20,000 Clients twice during the term of this Agreement, which shall include a question inquiring whether or not Clients received an offer of assistance in registering to vote. The first of these surveys shall be conducted at or about the end of the first year following the implementation of BEACON changes described in Exhibit B. The second of these surveys shall be conducted at least one year after the completion of the first survey. Plaintiffs’ counsel shall be provided at least seven (7) business days advance notice and an opportunity to review and comment on the survey questions prior to their being finalized.
(ii) At each Local DTA Office conducting a monthly reconciliation process described in Section III.F.1.f. above, the Office shall conduct, as part of the reconciliation process, exit interviews of at least fifteen (15) Clients after the completion of in-person Covered Transactions to inquire whether or not each Client received an offer of assistance in registering to vote. The Local NVRA Coordinator or Director or Assistant Director of each DTA Local Office shall take such follow up actions as he or she deems appropriate based on the results of such exit interviews.
b. The Statewide NVRA Coordinator shall investigate any complaints made by, or on behalf of, Clients regarding voter registration services at Local DTA Offices and follow up and take corrective actions, as appropriate.
c. The Statewide NVRA Coordinator or other appropriate DTA employee shall take corrective action as DTA deems appropriate when it is determined that a DTA employee or a Local DTA Office is in violation of NVRA or this Agreement.
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G. Reporting to Plaintiffs’ Counsel
1. Single Reports
a. With the first monthly report described in Section III.G.2 below, DTA shall report to Plaintiffs’ counsel the name of the Statewide NVRA Coordinator and the name of each Local NVRA Coordinator.
b. With the first monthly report preceding the date on which the automatic mailings described in Section III.C.2.c. above commence, DTA shall provide to Plaintiffs’ counsel a copy of the BEACON programming and/or related inputs that shall be used to include voter registration materials in the procedures described in Sections III.C.1 through III.C.3 above.
2. Beginning with the first month after the Effective Date, and continuing through and including information about the last month of the term of this Agreement, DTA shall report to Plaintiffs’ counsel (in the form of an excel spreadsheet) by the 15th of each succeeding month, and separately for each Local DTA Office, the following:
a. All of the information listed in Section III.F.1.b. above for the periods specified therein.
b. The percentage differences identified between manual counts and BEACON counts of filled out Voter Registration Applications, as stated in Section III.F.1.c. above.
3. Beginning from the Effective Date and continuing through and including information about the last quarter of the term of this Agreement, DTA shall report to Plaintiffs’ counsel on a quarterly basis:
a. Changes in the Statewide or Local NVRA Coordinators that occurred during the preceding quarter.
b. New or different policies or procedures adopted during the term of this Agreement to ensure compliance with NVRA requirements and/or this Agreement.
c. Identity of Local DTA Offices at which “follow up” activities related to voter registration procedures and/or practices occurred, as described in Sections III.F.1.d. and III.F.1.f. above.
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d. All follow up and/or corrective actions taken by DTA as a result of the reconciliation process, the review of the monthly voter registration data, or for any other reason(s) as described in Sections III.F.1, III.F.2 and III.F.5 above, including any reconciliation reports or spreadsheets summarizing the results of any reconciliation process performed at any Local DTA Office, and the results of all exit interviews conducted as part of the reconciliation process.
e. The occurrence and results of quality control tests performed by Document Production during the preceding quarter pursuant to Section III.F.1.3 above, if any.
f. The results of any LOQC review described in Section III.F.1.4 above, concerning voter registration and/or compliance with the NVRA and/or this Agreement, as well as any follow up actions determined to be appropriate by the Statewide NVRA Coordinator in response to an LOQC report.
g. For any quarter during which the annual survey described in Section III.F.5.a(i) above occurs, the results of each such survey.
4. Consistent with the Massachusetts Fair Information Practices Act and other applicable laws, any data provided to Plaintiffs’ counsel under this Section III.G shall exclude all personal data or other identifying information of any Client.
IV. Dismissal and Releases
A. After the Execution Date, Plaintiffs and DTA shall promptly file a joint motion requesting the Court to enter the [Proposed] Order of Final Judgment, in the form attached as Exhibit D to this Agreement.
B. Plaintiffs fully, finally and forever release, relinquish, discharge, and waive any and all claims against DTA that are asserted or could have been asserted in the Amended Complaint in this Action filed on March 17, 2014 (Doc. 143), or that are based or could be based on Section 7 of the NVRA, from the beginning of time until the end of the term of this Agreement, including any and all claims for injunctive or declaratory relief.
V. Term
A. This Agreement shall take effect on the Effective Date, and remain in full force and effect for thirty-six (36) months starting on (i) the date on which Plaintiffs’ counsel receives written notification from DTA that DTA has implemented the BEACON changes described in Exhibit B to this Agreement, or (ii) the Effective Date, whichever is later.
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B. Without affecting the finality of the [Proposed] Order of Final Judgment, the Court shall retain jurisdiction, during the term of this Agreement, to adjudicate noncompliance motions and resolve disputes arising under this Agreement, all under the procedures in Section VI.
VI. Dispute Resolution Procedures
If, at any time during the term of this Agreement, Plaintiffs believe that DTA is not in compliance with any one or more of its obligations under this Agreement, Plaintiffs and DTA will follow the dispute resolution procedures set forth in this Section VI.
A. Plaintiffs shall notify DTA in writing of any alleged noncompliance with this Agreement and shall request a meeting with DTA for the purpose of attempting to remedy such alleged noncompliance. Plaintiffs and DTA shall meet within thirty (30) calendar days of such notification of such alleged noncompliance.
B. If Plaintiffs are not satisfied that such alleged noncompliance has been remedied, at any time after sixty (60) calendar days after Plaintiffs notified DTA of such alleged noncompliance, Plaintiffs may file a motion with the Court seeking a judicial determination that DTA is not substantially complying with this Agreement. Within thirty (30) calendar days of the filing of such motion, DTA shall file its response to such motion. If the Court finds that DTA has not substantially complied with this Agreement, it may enter an order consistent with equitable principles, but not an order of contempt, that is designed to achieve DTA’s compliance with this Agreement.
C. If Plaintiffs believe that DTA has not complied with an order entered pursuant to Section VI, Plaintiffs may, after reasonable notice to DTA, move for further relief from the Court to obtain compliance with the Court’s prior order.
D. Notwithstanding anything in this Section VI to the contrary, if Plaintiffs believe that DTA is not substantially complying with any one or more of its obligations under this Agreement within ninety (90) calendar days before the expiration of the term of this Agreement, Plaintiffs may file a noncompliance motion with the Court without following the dispute resolution procedures set forth in this Section VI. Within fourteen (14) calendar days of the filing of such a motion, DTA shall file its response to such motion. Such a motion may include a request for an interim order for the extension of the terms of the specific provisions of this Agreement that Plaintiffs believe that DTA is not substantially complying with pending a ruling on such a motion. If the Court finds that DTA is not in substantial compliance, the Court may, even after the expiration of the term of this Agreement, extend the terms of those provisions of this Agreement as to which DTA is not in substantial compliance for such time as is necessary for DTA to obtain substantial compliance. Except as provided in this Section VI, the term of this Agreement and the Court’s jurisdiction over this Agreement shall terminate as provided in Section V.
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E. This Agreement may be enforced only by Plaintiffs. Nothing contained in this Agreement is intended to confer any rights or remedies on any person other than the parties hereto.
VII. Attorneys’ Fees and Litigation Expenses and Costs
A. DTA shall pay to Plaintiffs Six Hundred Seventy-Five Thousand Dollars ($675,000.00) to compromise and settle Plaintiffs’ claims for attorneys’ fees and litigation expenses and costs (including, without limitation, expert fees and costs) promptly upon the appropriation of sufficient funds for purposes of settlements and judgments. DTA anticipates that such appropriation will be made no later than July 1, 2015. If such payment is not made by the Effective Date, it shall accrue interest after that date until paid, at the rate of 0.11 percent per annum.
B. Except as provided in Section VII.D, the payment made by DTA pursuant to Section VII.A constitutes the full compromise and settlement of all claims for attorneys’ fees and litigation expenses and costs related to this Action: (i) that Plaintiffs have, as of the Execution Date, against all Defendants in this Action, (ii) that Plaintiffs might have made against DTA for activity occurring after the Execution Date, including without limitation for activity to obtain the [Proposed] Order of Final Judgment, or to monitor the implementation of, and DTA’s compliance with, this Agreement, and (iii) that Plaintiffs might have made for activity directly related to settlement negotiations with SOC, EOHHS or MassHealth that are incurred within ninety (90) calendar days after the Execution Date. This Agreement is not an admission or evidence that any Defendant is liable to Plaintiffs for the payment of attorneys’ fees and litigation expenses or costs in, or related to, this Action, but rather represents only the compromise and settlement of a disputed claim.
C. The compromise and settlement of Plaintiffs’ claim for attorneys’ fees and litigation expenses and costs against DTA shall not establish, or be evidence of: (1) a “reasonable” hourly rate for Plaintiffs’ counsel or any other counsel; (2) the “reasonableness” of any legal services or activities performed by Plaintiffs’ counsel in this or any other action; or (3) the “reasonableness” of any item of litigation expenses or costs in this or any other action.
D. If Plaintiffs file a noncompliance motion following the dispute resolution procedures set forth in Section VI and prevail, Plaintiffs shall be entitled to request additional attorneys’ fees and litigation expenses and costs related to litigating the claim of noncompliance. Plaintiffs’ counsel shall only be considered to have prevailed for purposes of this section if the Court makes a finding of substantial noncompliance under Section VI.B. If Plaintiffs seek attorneys’ fees and litigation expenses and costs under this Section VII.D, they shall first submit their request to DTA. If DTA and Plaintiffs cannot agree on the amount to be paid within thirty (30) calendar days following the submission of the request, the dispute shall be submitted to the Court for formal resolution.
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VIII. Additional Provisions
A. Confidential Designations: DTA shall remove confidential designations from and allow public use of numerical data and other agreed-upon items relating to voter registration provided to Plaintiffs in this Action. Such items are: (i) numerical data produced by DTA in the form of BEACON reports, reconciliation reports, and Interrogatory responses; and (ii) information contained in the monthly reports provided to Plaintiffs under the Interim Agreement. The public use of these data and other items applies only to the numerical data and information contained in these items, and not to the items themselves. Plaintiffs shall not disclose entire copies of any such data or items to anyone other than those listed in the Stipulated Protective Order dated August 2, 2012 (Doc. 155).
B. Entire Agreement: This Agreement contains all the agreements, conditions, promises and covenants between Plaintiffs and DTA, and their respective counsel, regarding matters set forth in this Agreement and supersedes all prior or contemporaneous agreements, drafts, representations or understandings, either written or oral, with respect to the subject matter of this Agreement.
C. Binding Effect: Plaintiffs and DTA represent and warrant that they have authority to enter into this Agreement and that this Agreement shall be binding upon, and inure to the benefit of, their successors and assigns. Each of the persons executing this Agreement on behalf of a Plaintiff or DTA represents and warrants that he or she has the authority to do so.
D. Written Modification: Plaintiffs and DTA may not modify any provision of this Agreement, except by written consent of Plaintiffs and DTA. However, the deadlines for submitting data and reports to Plaintiffs pursuant to Section III.G above may be modified by written consent of Plaintiffs and DTA, or their respective counsel.
E. Interpretation: Plaintiffs and DTA have participated in the drafting of this Agreement and, accordingly, any claimed ambiguity shall not be presumptively construed for or against any Plaintiff or DTA.
F. Force Majeure: DTA shall not be subject to any noncompliance motion for failure to perform under this Agreement, and any such failure shall not be considered a breach of or noncompliance with any provision of this Agreement, if such failure results directly from any act of God, riot, war, civil unrest, flood, or earthquake.
G. Waiver of Appeals: Plaintiffs and DTA waive any right to appeal or collaterally attack the [Proposed] Order of Final Judgment, if entered in the same form as Exhibit D.
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H. Execution: This Agreement may be executed in counterparts, each of which shall constitute an original instrument and all of which together shall constitute one and the same Agreement.
I. No Consent Decree: This Agreement shall not constitute, be construed as, or otherwise be incorporated into a consent decree or other order of the Court.
J. If No Entry of Proposed Order by Court: If the Court does not enter the [Proposed] Order of Final Judgment in the form attached hereto as Exhibit D, either Plaintiffs or DTA may determine, in their or its absolute judgment, that this Agreement is null and void and of no force or effect. Such a determination will be effective only if conveyed in writing to the other parties within ten (10) business days of entry of the order of judgment. In that event, nothing herein shall be deemed to prejudice the position of any Plaintiff or DTA with respect to this Action or otherwise, and neither the existence of this Agreement, nor any of its provisions, or any of the negotiations or proceedings leading to this Agreement, shall be admissible in evidence, referred to for any purpose in this Action or in any other litigation or proceeding, or construed as an admission, presumption or concession by any Plaintiff or DTA of any liability or the truth of any of the allegations or defenses raised in this Action.
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EXHIBIT A
IMPORTANT INFORMATION ABOUT VOTER REGISTRATION
Dear Applicant or Member:
The National Voter Registration Act of 1993 requires DTA to give you the opportunity to register to vote. If you are not a U.S. citizen, you are not eligible to vote and you should not fill out a voter registration application.
To register to vote, fill out the enclosed Massachusetts voter registration application and send it to the local election officials in your city or town, or bring it into a DTA office. If you have any questions about registering to vote, or if you need help filling out the voter registration application, call the telephone number listed below or speak with a case manager.
Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Transitional Assistance 1-800-445-6604

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EXHIBIT B
In-Person Applications
SCRIPT TO READ TO CLIENT: “The package you received includes voter registration materials. You can also complete a voter registration application in the office today, and DTA will send it to your local election official.”
 BEACON Question 1: Did you provide the voter registration application and voter preference form? Yes/No [hard stop]
o If Yes, move on to next BEACON script and question.
o If No, pop-up instructs case manager: “Please provide the voter registration materials. If no materials are available, please notate this in the BEACON Narrative, inform your NVRA coordinator, and mail the voter registration materials to the client as soon as they are available.”
SCRIPT TO READ TO CLIENT: “If you want help filling out the voter registration application, I can help. If you do not want to fill it out now, you can fill out the mail-in application included in your package later. Would you like to register to vote here today? If so, I can provide you with an in-office voter registration application to fill out.”
IMPORTANT: If the client wishes to register to vote in the office, please distribute the Massachusetts Official Voter Registration Form and make sure to offer assistance in completing the form.
 BEACON Question 2: Did you offer assistance to the client? Yes/No [hard stop]
o If Yes, move on to next BEACON script and question.
o If No, pop-up instructs case manager: “Please read assistance script to the client.” [case manager cannot continue until “yes” is clicked]
 BEACON Question 3: Did the client complete the Massachusetts Official Voter Registration Form in the office? Yes/No [hard stop]
o If Yes, pop-up instructs case manager: “Please review the voter registration application for completeness and signature. The party enrollment/designation need not be completed. Submit to the office clerk for mailing.”
o If No, pop-up instructs case manager: “No further action is needed.”

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EXHIBIT B
In-Person Recertifications
SCRIPT TO READ TO CLIENT: “The package you received from us included voter registration materials. If you want to register to vote today, you can also complete a voter registration application in the office, and DTA will send it to your local election official.”
 BEACON Question 1: Did you inform the client that a voter registration application and a voter preference form/letter were mailed and, if necessary, offer another? Yes/No [hard stop]
o If Yes, pop-up instructs case manager: “If the client wants to register and requested a voter registration application, please provide one now. If no materials are available, please notate this in the BEACON Narrative, inform your NVRA coordinator, and mail the voter registration materials to the client as soon as they are available.”
o If No, pop-up instructs case manager: “Please read voter registration materials script to the client.” [case manager cannot continue until “yes” is clicked]
SCRIPT TO READ TO CLIENT: “If you want help filling out the voter registration application, I can help. If you do not want to fill it out now, I can give you another mail-in application. Would you like to register to vote here today? If so, I can provide you with an in-office voter registration application to fill out.”
 IMPORTANT: If the client wishes to register to vote in the office, please distribute the Massachusetts Official Voter Registration Form and make sure to offer assistance in completing the form.
 BEACON Question 2: Did you offer assistance to the client? Yes/No [hard stop]
o If Yes, move on to next BEACON script and question.
o If No, pop-up instructs case manager: “Please read assistance script to the client.” [case manager cannot continue until “yes” is clicked]
 BEACON Question 3: Did the client complete the Massachusetts Official Voter Registration Form in the office? Yes/No [hard stop]
o If Yes, pop-up instructs case manager: “Please review the voter registration application for completeness and signature. The party enrollment/designation need not be completed. Submit to the office clerk for mailing.”
o If No, pop-up instructs case manager: “No further action is needed unless the client requested a mail-in voter registration application.”
-2-

Case 1:12-cv-10872-DJC Document 213-1 Filed 03/18/15 Page 32 of 37
EXHIBIT B
Remote SNAP Recertifications SCRIPT TO READ TO CLIENT: “The package that you received from DTA included voter registration materials. If you do not have the materials and would like to register to vote, I can mail them to you.”
 BEACON Question 1: Did you inform the client that a voter registration application and voter preference form were mailed and, if necessary, offer another? Yes/No [hard stop] o If Yes, pop up instructs case manager: “If the client wants more voter registration materials, please promptly mail them and notate this in the BEACON Narrative. If no materials are available, please notate this in the BEACON Narrative, inform your NVRA coordinator, and mail the voter registration materials to the client as soon as they are available. o If No, pop-up instructs case manager: “Please read voter registration materials script to client.” [case manager cannot continue until “yes” is clicked]
SCRIPT TO READ TO CLIENT: “To register to vote, you must fill out the voter registration application and send it to your city or town’s election official. If you bring a completed application to a DTA office, we will send it for you. If you would like help filling out the voter registration application, I can help.”
 BEACON Question 2: Did you offer assistance to the client? Yes/No [hard stop] o If Yes, end of voter registration prompts. o If No, pop-up instructs case manager: “Please read assistance script to the client.” [case manager cannot continue until “yes” is clicked]
-3-

Case 1:12-cv-10872-DJC Document 213-1 Filed 03/18/15 Page 33 of 37
EXHIBIT B
Remote SNAP Applications SCRIPT TO READ TO CLIENT: “You should have received or will receive voter registration materials from DTA. If you do not have them, and would like to register to vote, I can mail them to you.”
 BEACON Question 1: Did you inform the client that voter registration materials were mailed or will be mailed and, if necessary, offer another? Yes/No [hard stop] o If Yes, pop up instructs case manager: “If the client wants more voter registration materials, please promptly mail them and notate this in the BEACON Narrative. If no materials are available, please notate this in the BEACON Narrative, inform your NVRA coordinator, and mail the voter registration materials to the client as soon as they are available. o If No, “pop up instructs case manager: “Please read voter registration materials script to client.” [case manager cannot continue until “yes” is clicked]
SCRIPT TO READ TO CLIENT: “To register to vote, you must fill out the voter registration application and send it to your city or town’s election official. If you bring a completed application to a DTA office, we will send it for you. If you would like help filling out the voter registration application, I can help you – either now or once you have received the voter registration materials in the mail.”
 BEACON Question 2: Did you offer assistance to the client? Yes/No [hard stop] o If Yes, end of voter registration prompts. o If No, pop-up instructs case manager: “Please read assistance script to the client.” [case manager cannot continue until “yes” is clicked]
-4-

Case 1:12-cv-10872-DJC Document 213-1 Filed 03/18/15 Page 34 of 37
EXHIBIT C
Topics to be Included in NVRA Training
About the National Voter Registration Act  Why Congress enacted the NVRA.  The role of DTA and other Public Assistance Agencies under the NVRA.  The relationship between DTA’s mission of providing public assistance benefits and provision of voter registration services, including the fact that DTA may be a client’s only way to easily access voter registration services.  The impact of providing voter registration services through DTA.  The statutory requirements of the NVRA.
Roles of Different DTA Employees in Providing Voter Registration Services Including Office Directors, Assistant Directors, NVRA Coordinators, Supervisors, Case Managers, and Clerks.
Voter Registration Procedures  Availability of voter registration materials in Local DTA Office lobbies and/or waiting rooms.  All aspects of the BEACON workflow (shown in Exhibit B) and provision of voter registration services to Clients as set forth in this Agreement, including, but not limited to: o Distribution of voter registration materials  The distribution procedures of voter registration materials for various types of Covered Transactions as set forth in this Agreement.  The need to have Agency Voter Registration Applications available at: Case Manager desks; other locations where Client interviews will be conducted; and all locations where pre-assembled packets of voter registration materials are located. o Voter registration assistance procedures  Provision of assistance in accordance with BEACON workflow.  That Clients can send Mail-in Voter Registration Applications directly to local election officials, or physically hand them (or Agency Voter Registration Applications) in at a Local DTA Office to be transmitted to local election officials.  That filled out Agency Voter Registration Applications that are submitted in-office should be checked for completeness, including at least the following fields: name, date, date of birth, address(es), identification number, eligibility confirmation, and Client signature. o Transmittal of filled-out voter registration applications in accordance with the NVRA, DTA regulations, and this Agreement.

Case 1:12-cv-10872-DJC Document 213-1 Filed 03/18/15 Page 35 of 37
Voter Registration Materials and Supplies: In particular, the need for a two (2) month supply of voter registration materials at all Local DTA Offices. Oversight
 The rationale for oversight, including that oversight and quality control help ensure that voter registration services are provided by DTA as required under the NVRA.
 Types of oversight.

Case 1:12-cv-10872-DJC Document 213-1 Filed 03/18/15 Page 36 of 37

EXHIBIT D

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

NAACP-NEW ENGLAND AREA CONFERENCE, et al.,
Plaintiffs, v. WILLIAM F. GALVIN, et al.,
Defendants.

) ) ) ) ) ) Civil Action No. 1:12-cv-10872-DJC ) ) ) ) ) )

[PROPOSED] ORDER OF FINAL JUDGMENT ONLY AS TO CLAIMS ASSERTED AGAINST DEFENDANT MASSACHUSETTS DEPARTMENT OF TRANSITIONAL
ASSISTANCE

Pursuant to Fed. R. Civ. P. 41(a)(2), 54(b), and 58(a), and based on the Settlement

Agreement by and between plaintiffs New England Area Conference of the National Association

for the Advancement of Colored People and New England United for Justice (collectively,

“Plaintiffs”) and defendant Thomas G. Massimo, in his official capacity as Acting Commissioner

of the Massachusetts Department of Transitional Assistance (“DTA”), the Court directs an entry

of final judgment dismissing with prejudice only Plaintiffs’ claims asserted against DTA. This

action will continue as to all of Plaintiffs’ claims asserted against defendants William F. Galvin,

in his official capacity as Secretary of the Commonwealth of Massachusetts; Marylou Sudders,

in her official capacity as Secretary of the Executive Office of Health and Human Services; and

Daniel Tsai, in his official capacity as Director of the Office of Medicaid.

In light of the desire of Plaintiffs and DTA to promptly implement the provisions of the

Settlement Agreement, the Court expressly determines that, pursuant to Fed. R. Civ. P. 54(b),

there is no just reason for delay in entering this Order of Final Judgment.

- 1 -

Case 1:12-cv-10872-DJC Document 213-1 Filed 03/18/15 Page 37 of 37

As provided in Section V.B. of the Settlement Agreement, and without affecting the finality of this Order of Final Judgment, this Court shall retain jurisdiction, during the term of the Settlement Agreement, to adjudicate noncompliance motions and resolve disputes arising under the Settlement Agreement, all under the procedures set forth in Section VI therein.
Pursuant to Fed. R. Civ. P. 58(b)(2), the Court hereby approves the form of this Order of Final Judgment and directs the Clerk to promptly enter it.

Dated: ________, 2015

_________________________________ Denise J. Casper United States District Judge

- 2 -

 
 Case 1:12-cv-10872-DJC Document 215 Filed 03/20/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS

NAACP-NEW ENGLAND AREA CONFERENCE, et at.,
Plaintiffs,
v.
WILLIAM F. GALVIN, et al., Defendants.

) ) ) ) )
) Civil Action No. 1:12-cv-10872-DJC ) ) ) ) )

[PMWOSEB] ORDER OF FINAL JUDGMENT ONLY AS TO CLAIMS ASSERTED AGAINST DEFENDANT MASSACHUSETTS DEPARTMENT OF TRANSITIONAL
ASSISTANCE Pursuant to Fed. R. Civ. P. 4l(a)(2), 54(b), and 58(a), and based on the Settlement Agreement by and between plaintiffs New England Area Conference of the National Association for the Advancement of Colored People and New England United for Justice (collectively, "Plaintiffs") and defendant Thomas G. Massimo, in his official capacity as Acting Commissioner of the Massachusetts Department of Transitional Assistance ("DTA"), the Court directs an entry of final judgment dismissing with prejudice only Plaintiffs' claims asserted against DTA. This action will continue as to all of Plaintiffs' claims asserted against defendants William F. Galvin, in his official capacity as Secretary ofthe Commonwealth of Massachusetts; Marylou Sudders, in her official capacity as Secretary ofthe Executive Office of Health and Human Services; and Daniel Tsai, in his official capacity as Director ofthe Office of Medicaid. In light of the desire of Plaintiffs and DTA to promptly implement the provisions of the Settlement Agreement, the Court expressly determines that, pursuant to Fed. R. Civ. P. 54(b), there is no just reason for delay in entering this Order of Final Judgment.

-I -

Case 1:12-cv-10872-DJC Document 215 Filed 03/20/15 Page 2 of 2

As provided in Section V.B. of the Settlement Agreement, and without affecting the finality of this Order of Final Judgment, this Court shall retain jurisdiction, during the term of the Settlement Agreement, to adjudicate noncompliance motions and resolve disputes arising under the Settlement Agreement, all under the procedures set forth in Section VI therein.
Pursuant to Fed. R. Civ. P. 58(b)(2), the Court hereby approves the form ofthis Order of Final Judgment and directs the Clerk to promptly enter it.

Dated: ~c.J\ J J , 2015

Denise J. Casper l

J

United States District Judge

-2-

 
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 Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 1 of 25
United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:12−cv−10872−DJC

CLOSED

Delgado et al v. Galvin et al Assigned to: Judge Denise J. Casper Cause: 42:1983 Civil Rights Act
Plaintiff Bethzaida Delgado

Date Filed: 05/15/2012 Date Terminated: 06/17/2015 Jury Demand: None Nature of Suit: 441 Civil Rights: Voting Jurisdiction: Federal Question
represented by Adam Lioz Demos 1710 Rhode Island Avenue Washington, DC 20006 202−559−1543 Email: alioz@demos.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Alejandro T. Reyes Lawyers' Committee for Civil Rights Under Law 1401 New York Avenue N.W. Suite 400 Washington, DC 20005 202−662−8321 Email: areyes@lawyerscommittee.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine M. Flanagan Public Agency Voter Registration Program Project Vote 805 15th Street Suitre 250 NW Washington, DC 20005 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert A. Kengle Lawyers' Committee for Civil Rights Under Law 1401 New York Avenue N.W. Suite 400 Washington, DC 20005 202−662−8320 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Sabrina Khan Project Vote 1350 Eye Street NW Suite 1250 Washington, DC 20005 202−546−4173 LEAD ATTORNEY PRO HAC VICE

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 2 of 25
ATTORNEY TO BE NOTICED
Sarah Brannon Project Vote 805 15th StreetNW Suite 250 Washington, DC 20005 202−546−4173 Fax: 202−733−4762 Email: sbrannon@projectvote.org LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Allison M. Boscarine Ropes & Gray − MA Prudential Tower 800 Boylston Street Boston, MA 02199−3600 617−235−4976 Email: allison.boscarine@ropesgray.com ATTORNEY TO BE NOTICED
Daniel J. Bennett Ropes & Gray − MA Prudential Tower 800 Boylston Street Boston, MA 02199−3600 617−951−7715 Fax: 617−951−7050 Email: daniel.bennett@ropesgray.com TERMINATED: 03/24/2014 ATTORNEY TO BE NOTICED
Daniel J. Maher Ropes & Gray LLP − MA Prudential Tower 800 Boylston St. Boston, MA 02199−3600 617−951−7165 Fax: 617−951−7050 ATTORNEY TO BE NOTICED
Deanna B. FitzGerald Ropes & Gray − MA Prudential Tower 800 Boylston Street Boston, MA 02199−3600 617−951−7834 Email: deanna.fitzgerald@ropesgray.com ATTORNEY TO BE NOTICED
Eugene L. Morgulis Ropes & Gray LLP − MA Prudential Tower 800 Boylston St. Boston, MA 02199−3600 617−951−7000 Email: eugene.morgulis@ropesgray.com ATTORNEY TO BE NOTICED
John K. Felter Ropes & Gray − MA Prudential Tower 800 Boylston Street

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 3 of 25
Boston, MA 02199−3600 617−951−7889 Email: Ken.Felter@ropesgray.com ATTORNEY TO BE NOTICED
Lisa J. Danetz Demos: A Network for Ideas & Action #303 358 Chestnut Hill Avenue Brighton, MA 02135 617−232−5885 Fax: 617−232−7251 Email: ldanetz@demos.org ATTORNEY TO BE NOTICED
Matthew Mazzotta Ropes & Gray − MA Prudential Tower 800 Boylston Street Boston, MA 02199−3600 617−951−7000 Email: matthew.mazzotta@ropesgray.com ATTORNEY TO BE NOTICED
Ming M Zhu Latham & Watkins LLP 140 Scott Drive Menlo Park, CA 94025 650−328−4600 Email: ming.zhu@lw.com TERMINATED: 02/27/2013 ATTORNEY TO BE NOTICED
Rahsaan D. Hall Lawyers' Committee for Civil Rights Under Law 294 Washington Street Suite 443 Boston, MA 02108 617−988−0608 Fax: 617−482−4392 Email: rhall@lawyerscom.org ATTORNEY TO BE NOTICED
Thomas R. Lipton Ropes & Gray LLP − MA Prudential Tower 800 Boylston St. Boston, MA 02199−3600 617−951−7233 Fax: 617−235−0049 Email: thomas.lipton@ropesgray.com TERMINATED: 01/06/2015 ATTORNEY TO BE NOTICED
William T. Davison Ropes & Gray LLP − MA Prudential Tower 800 Boylston St. Boston, MA 02199−3600 617−951−7000 Email: william.davison@ropesgray.com ATTORNEY TO BE NOTICED
Plaintiff

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 4 of 25

NAACP−New England Area Conference

represented by Adam Lioz (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Alejandro T. Reyes (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Catherine M. Flanagan (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Robert A. Kengle (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Sabrina Khan (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Sarah Brannon (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Alexia R. De Vincentis Ropes & Gray − MA Prudential Tower 800 Boylston Street Boston, MA 02199−3600 617−951−7000 Email: alexia.devincentis@ropesgray.com ATTORNEY TO BE NOTICED

Allison M. Boscarine (See above for address) ATTORNEY TO BE NOTICED

Daniel J. Bennett (See above for address) TERMINATED: 03/24/2014 ATTORNEY TO BE NOTICED

Daniel J. Maher (See above for address) ATTORNEY TO BE NOTICED

Deanna B. FitzGerald (See above for address) ATTORNEY TO BE NOTICED

Eugene L. Morgulis (See above for address) ATTORNEY TO BE NOTICED

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 5 of 25

Plaintiff New England United for Justice

John K. Felter (See above for address) ATTORNEY TO BE NOTICED
Lisa J. Danetz (See above for address) ATTORNEY TO BE NOTICED
Matthew Mazzotta (See above for address) ATTORNEY TO BE NOTICED
Ming M Zhu (See above for address) TERMINATED: 02/27/2013 ATTORNEY TO BE NOTICED
Rahsaan D. Hall (See above for address) ATTORNEY TO BE NOTICED
Thomas R. Lipton (See above for address) TERMINATED: 01/06/2015 ATTORNEY TO BE NOTICED
William T. Davison (See above for address) ATTORNEY TO BE NOTICED
represented by Adam Lioz (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Alejandro T. Reyes (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Catherine M. Flanagan (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Robert A. Kengle (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Sabrina Khan (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Sarah Brannon (See above for address)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 6 of 25
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Alexia R. De Vincentis (See above for address) ATTORNEY TO BE NOTICED
Allison M. Boscarine (See above for address) ATTORNEY TO BE NOTICED
Daniel J. Bennett (See above for address) TERMINATED: 03/24/2014 ATTORNEY TO BE NOTICED
Daniel J. Maher (See above for address) ATTORNEY TO BE NOTICED
Deanna B. FitzGerald (See above for address) ATTORNEY TO BE NOTICED
Eugene L. Morgulis (See above for address) ATTORNEY TO BE NOTICED
John K. Felter (See above for address) ATTORNEY TO BE NOTICED
Lisa J. Danetz (See above for address) ATTORNEY TO BE NOTICED
Matthew Mazzotta (See above for address) ATTORNEY TO BE NOTICED
Ming M Zhu (See above for address) TERMINATED: 02/27/2013 ATTORNEY TO BE NOTICED
Rahsaan D. Hall (See above for address) ATTORNEY TO BE NOTICED
Thomas R. Lipton (See above for address) TERMINATED: 01/06/2015 ATTORNEY TO BE NOTICED
William T. Davison (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
William F. Galvin in his official capacity as Secretary of the

represented by Tori T. Kim Massachusetts Attorney General's Office

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 7 of 25

Commonwealth of Massachusetts

One Ashburton Place Boston, MA 02108−1598 617−963−2022 Email: tori.kim@state.ma.us TERMINATED: 06/24/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ricardo Brandon Rios Massachusetts Attorney General's Office One Ashburton Place McCormack Building, 20th floor Boston, MA 02108−1598 617−727−2200 Email: brandon.rios@state.ma.us ATTORNEY TO BE NOTICED

Timothy James Casey Office of the Attorney General One Ashburton Place Boston, MA 02108 617−727−2200, ext. 2043 Fax: 617−727−5785 Email: Timothy.Casey@state.ma.us ATTORNEY TO BE NOTICED

Defendant
Judyann Bigby in her official capacity as Secretary of the Executive Office of Health and Human Services

represented by Tori T. Kim (See above for address) TERMINATED: 06/24/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ricardo Brandon Rios (See above for address) ATTORNEY TO BE NOTICED

Timothy James Casey (See above for address) ATTORNEY TO BE NOTICED

Defendant
Daniel J. Curley in his official capacity as Commissioner of the Department of Transitional Assistance

represented by Tori T. Kim (See above for address) TERMINATED: 06/24/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ricardo Brandon Rios (See above for address) ATTORNEY TO BE NOTICED

Timothy James Casey (See above for address) ATTORNEY TO BE NOTICED

Defendant
John Polanowicz in his official capacity as Secretary of the Executive Office of Health and Human Services,

represented by Tori T. Kim Massachusetts Attorney General's Office One Ashburton Place McCormack Building, 20th floor Boston, MA 02108−1598 617−963−2022

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 8 of 25

Email: tori.kim@state.ma.us TERMINATED: 06/24/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy James Casey Office of the Attorney General Martha Coakley One Ashburton Place Boston, MA 02108 617−727−2200, ext. 2043 Fax: 617−727−5785 Email: Timothy.Casey@state.ma.us ATTORNEY TO BE NOTICED

Defendant
Stacey Monahan in her official capacity as Commissioner of the Department of Transitional Assistance

represented by Tori T. Kim (See above for address) TERMINATED: 06/24/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy James Casey (See above for address) ATTORNEY TO BE NOTICED

Defendant
Kristin Thorn in her official capacity as Director of the Office of Medicaid

represented by Tori T. Kim (See above for address) TERMINATED: 06/24/2015 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy James Casey (See above for address) ATTORNEY TO BE NOTICED

Date Filed 05/15/2012
05/15/2012 05/15/2012 05/15/2012
05/15/2012
05/15/2012

# Docket Text
1 COMPLAINT against Daniel J. Curley, William F. Galvin, Judyann Bigby Filing fee: $ 350, receipt number 0101−3945906 (Fee Status: Filing Fee paid), filed by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Category Sheet)(Felter, John) (Entered: 05/15/2012)
2 CORPORATE DISCLOSURE STATEMENT by New England United for Justice. (Felter, John) (Entered: 05/15/2012)
3 CORPORATE DISCLOSURE STATEMENT by NAACP−New England Area Conference. (Felter, John) (Entered: 05/15/2012)
ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Abaid, Kimberly) (Entered: 05/15/2012)
4 MOTION To Immediately Convene Scheduling Conference To Set Briefing And Hearing On Motion For Preliminary Injunction And To Order Limited Expedited Discovery by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Felter, John) (Entered: 05/15/2012)
5 Summons Issued as to Judyann Bigby, Daniel J. Curley, William F. Galvin. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1.

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 9 of 25

05/17/2012 05/17/2012
05/17/2012 05/17/2012 05/18/2012 05/18/2012
05/18/2012 05/21/2012 05/21/2012 05/22/2012 05/22/2012 05/23/2012
05/23/2012

Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Johnson, Jay) (Entered: 05/15/2012)
6 NOTICE of Appearance by Tori T. Kim on behalf of Judyann Bigby, Daniel J. Curley, William F. Galvin (Kim, Tori) (Entered: 05/17/2012)
ELECTRONIC NOTICE of Scheduling Conference Scheduling Conference set for 5/23/2012 03:15 PM in Courtroom 11 before Judge Denise J. Casper. The parties shall confer and file a joint statement by 12:00PM on Monday, May 21, 2012, with a proposed schedule or indicate that you agree with the propsed schedule outlined in D. #4.(Hourihan, Lisa) (Entered: 05/17/2012)
7 NOTICE of Appearance by Timothy James Casey on behalf of Judyann Bigby, Daniel J. Curley, William F. Galvin (Casey, Timothy) (Entered: 05/17/2012)
8 NOTICE of Appearance by Ming M Zhu on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Zhu, Ming) (Entered: 05/17/2012)
9 NOTICE of Appearance by Rahsaan D. Hall on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Hall, Rahsaan) (Entered: 05/18/2012)
10 MOTION for Leave to Appear Pro Hac Vice for admission of Robert A. Kengle; Alejandro T. Reyes; Sarah Brannon; Sabrina Khan; Adam Lioz Filing fee: $ 500, receipt number 0101−3951568 by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Certification of Robert A. Kengle in Support of Admission Pro Hac Vice, # 2 Certification of Alejandro T. Reyes in Support of Admission Pro Hac Vice, # 3 Certification of Sarah Brannon in Suport of Admission Pro Hac Vice, # 4 Certification of Sabrina Khan in Suport of Admission Pro Hac Vice, # 5 Certification of Adam Lioz in Suport of Admission Pro Hac Vice)(Felter, John) (Entered: 05/18/2012)
11 Joint request from counsel to extend, by one day, the filing of the proposed joint statement. (Hourihan, Lisa) (Entered: 05/18/2012)
12 NOTICE of Appearance by Daniel J. Maher on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Maher, Daniel) (Entered: 05/21/2012)
13 NOTICE of Appearance by Allison M. Boscarine on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Boscarine, Allison) (Entered: 05/21/2012)
14 NOTICE of Appearance by Lisa J. Danetz on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Danetz, Lisa) (Entered: 05/22/2012)
15 JOINT SUBMISSION pursuant to Local Rule 16.1 by Judyann Bigby, Daniel J. Curley, Bethzaida Delgado, William F. Galvin, NAACP−New England Area Conference, New England United for Justice.(Kim, Tori) (Entered: 05/22/2012)
16 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 5/23/2012. Court adopts the dates for the filing of the preliminary injunction and any dispositive motions as outlined in the Joint Submission made D. 15. Court sets hearing on motion for preliminary injunction and any dispositive motion for 8/17/12 at 10:00AM. (Court Reporter: Helana Kline at helanakline@aol.com.)(Attorneys present: Ken Felter and Lisa Danetz for the plaintiffs. Tori Kim and Timothy Casey for the defendants.) (Hourihan, Lisa) (Entered: 05/24/2012)
17 ELECTRONIC NOTICE Setting Hearing on Motion NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 8/17/2012 10:00 AM in Courtroom 11 before Judge Denise J.

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 10 of 25

05/23/2012 05/24/2012 05/24/2012
05/24/2012
05/24/2012
05/31/2012 06/06/2012
06/08/2012 06/08/2012 06/22/2012 06/22/2012 06/22/2012 07/13/2012 07/13/2012

Casper. (Hourihan, Lisa) (Entered: 05/24/2012)
Set/Reset Answer Deadlines for All Defendants to 6/8/12. (Hourihan, Lisa) (Entered: 05/30/2012)
18 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 4 Motion to Immediately Convene Scheduling Conference (Hourihan, Lisa) (Entered: 05/24/2012)
19 AFFIDAVIT OF SERVICE Executed by Bethzaida Delgado, New England United for Justice, NAACP−New England Area Conference. William F. Galvin served on 5/16/2012, answer due 6/6/2012. Acknowledgement filed by Bethzaida Delgado; New England United for Justice; NAACP−New England Area Conference. (Felter, John) (Entered: 05/24/2012)
20 AFFIDAVIT OF SERVICE Executed by Bethzaida Delgado, New England United for Justice, NAACP−New England Area Conference. Judyann Bigby served on 5/16/2012, answer due 6/6/2012. Acknowledgement filed by Bethzaida Delgado; New England United for Justice; NAACP−New England Area Conference. (Felter, John) (Entered: 05/24/2012)
21 AFFIDAVIT OF SERVICE Executed by Bethzaida Delgado, New England United for Justice, NAACP−New England Area Conference. Daniel J. Curley served on 5/16/2012, answer due 6/6/2012. Acknowledgement filed by Bethzaida Delgado; New England United for Justice; NAACP−New England Area Conference. (Felter, John) (Entered: 05/24/2012)
22 NOTICE by Judyann Bigby, Daniel J. Curley, William F. Galvin of Consent to Video Recording (Kim, Tori) (Entered: 05/31/2012)
23 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 10 Motion for Leave to Appear Pro Hac Vice Added Robert A. Kengle, Alejandro T. Reyes, Sarah Brannon, Sabrina Khan, Adam Lioz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) (Entered: 06/06/2012)
24 ANSWER to 1 Complaint, by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit Ex. A − Defs. Mar. 6, 2012 Letter)(Kim, Tori) (Entered: 06/08/2012)
25 Disclosure pursuant to Rule 26 by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 06/08/2012)
26 NOTICE of Appearance by Eugene L. Morgulis on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Morgulis, Eugene) (Entered: 06/22/2012)
27 NOTICE of Appearance by William T. Davison on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Davison, William) (Entered: 06/22/2012)
28 NOTICE of Appearance by Thomas R. Lipton on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Lipton, Thomas) (Entered: 06/22/2012)
29 Joint MOTION for Protective Order by Judyann Bigby, Daniel J. Curley, Bethzaida Delgado, William F. Galvin, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A ([Proposed] Stipulated Protective Order))(Morgulis, Eugene) (Entered: 07/13/2012)
30 Joint MOTION to Modify Scheduling Order of May 23, 2012 and Stay This Action by Judyann Bigby, Daniel J. Curley, Bethzaida Delgado, William F. Galvin, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A ([Proposed] Scheduling Order)))(Morgulis, Eugene) (Entered: 07/13/2012)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 11 of 25

07/17/2012 07/17/2012 07/17/2012 08/02/2012 08/02/2012 01/04/2013 01/07/2013
01/07/2013 01/15/2013
01/15/2013
01/17/2013 01/29/2013 02/05/2013 02/06/2013 02/07/2013 03/12/2013

31 Judge Denise J. Casper: ORDER entered granting 30 Motion to Modify Scheduling Order of May 23, 2012 and Stay This Action. (Maynard, Timothy) (Entered: 07/17/2012)
Set/Reset Hearings: Scheduling Conference set for 1/7/2013 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Maynard, Timothy) (Entered: 07/17/2012)
32 ELECTRONIC NOTICE Canceling August 17, 2012 Hearing. (Maynard, Timothy) (Entered: 07/17/2012)
33 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 29 Motion for Protective Order (Maynard, Timothy) (Entered: 08/02/2012)
34 Judge Denise J. Casper: ORDER entered. PROTECTIVE ORDER(Maynard, Timothy) (Entered: 08/02/2012)
35 Joint CERTIFICATION pursuant to Local Rule 16.1 (D) and Fed.R.Civ.P. 16(b). (Attachments: # 1 Exhibit A)(Felter, John) (Entered: 01/04/2013)
36 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 1/7/2013, Amended Pleadings due by 7/1/2013. Fact discovery due by 10/31/13. Plaintiffs' expert disclosures due by 11/30/13. Defendants' expert disclosures due by 12/31/13. Rebuttal expert disclosrues due by 1/31/14. Expert discovery to be completed by 4/1/2014. Summary Judgment Motions due by 4/30/2014. Opposition to summary judgment motions due by 5/30/14. Status Conference set for 11/12/2013 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Counsel to file a joint proposal re: production of documents within 30 days.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: John Felter, Eugene Morgulis and Lisa Danetz for the plaintiffs. Timothy Casey for the defendants) (Hourihan, Lisa) (Entered: 01/09/2013)
37 Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa) (Entered: 01/09/2013)
38 Transcript of Scheduling Conference held on January 7, 2013, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 2/5/2013. Redacted Transcript Deadline set for 2/15/2013. Release of Transcript Restriction set for 4/15/2013. (Scalfani, Deborah) (Entered: 01/15/2013)
39 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 01/15/2013)
40 CERTIFICATION pursuant to Local Rule 16.1 for Plaintiffs Bethzaida Delgado, NAACP−New England Area Conference, and New England United for Justice. (Morgulis, Eugene) (Entered: 01/17/2013)
41 NOTICE of Withdrawal of Appearance by Ming M Zhu (Zhu, Ming) (Entered: 01/29/2013)
42 CERTIFICATION pursuant to Local Rule 16.1 by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Casey, Timothy) (Entered: 02/05/2013)
43 Letter/request (non−motion) from John Kenneth Felter submitting the joint proposal requested by the Court at the January 7, 2013 scheduling conference. (Felter, John) (Entered: 02/06/2013)
44 Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court notes that the parties responded to the Court's 1/7/13 request [D. 36] to file a joint proposal re: requests for production [D. 43]. The Court adopts the schedule proposed by the parties.(Hourihan, Lisa) (Entered: 02/07/2013)
45 NOTICE of Appearance by Daniel J. Bennett on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Bennett, Daniel) (Entered: 03/12/2013)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 12 of 25

03/20/2013 03/20/2013 03/20/2013
03/21/2013
04/03/2013 04/05/2013 04/08/2013
04/09/2013
04/09/2013 05/01/2013 05/16/2013 05/16/2013

46 MOTION to Seal Subject Documents by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 03/20/2013)
47 MOTION for Clarification of Protective Order [Doc. 34] by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 03/20/2013)
48 MEMORANDUM in Support re 47 MOTION for Clarification of Protective Order [Doc. 34] filed by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Morgulis, Eugene) (Entered: 03/20/2013)
49 EXHIBITS re 48 Memorandum in Support of Motion, filed by NAACP−New England Area Conference, Bethzaida Delgado, New England United for Justice by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Main Document: Exhibit F) (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J) (Maynard, Timothy) (Entered: 03/21/2013)
50 Opposition re 47 MOTION for Clarification of Protective Order [Doc. 34] filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Casey, Timothy) (Entered: 04/03/2013)
51 NOTICE of Appearance by Matthew Mazzotta on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (Mazzotta, Matthew) (Entered: 04/05/2013)
52 Assented to MOTION for Leave to File Reply in Further Support of Plaintiffs' Motion for Order Clarifying Protective Order 47 by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A (Reply in Further Support of Plaintiffs' Motion for Order Clarifying Protective Order))(Morgulis, Eugene) (Entered: 04/08/2013)
53 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 52 Motion for Leave to File Reply in Further Support of Plaintiffs' Motion for Order Clarifying Protective Order; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Hourihan, Lisa) (Entered: 04/09/2013)
54 REPLY to Response to 47 MOTION for Clarification of Protective Order [Doc. 34] filed by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 04/09/2013)
55 NOTICE of Appearance by Ricardo Brandon Rios on behalf of Judyann Bigby, Daniel J. Curley, William F. Galvin (Rios, Ricardo) (Entered: 05/01/2013)
56 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 46 Motion to Seal (Hourihan, Lisa) (Entered: 05/16/2013)
57 Judge Denise J. Casper: ELECTRONIC ORDER entered denying 47 Motion for Clarification of Protective Order. Plaintiffs seek "clarification" of the Protective Order previously entered by this Court, D. 34, to allow their use of certain documents, designated by the Defendants as "Confidential Discovery Material," D. 50 at 4 & n. 3; see D. 34, &para&para 1(g), 2, outside of the instant litigation. Plaintiffs argue that these documents are public records and, therefore, are "publicly available" and should be exempt from the provisions of the Protective Order. However, given the Defendants' explanation that these documents are "confidential, settlement−related materials that the DTA generated solely in connection with the July 5 Agreement,... and to facilitate discussions regarding the settlement of the remainder of the case," D. 50 at 9, and that the Defendants have declined to produce them as public records in response to third−party requests, D. 50 at 11, the Court cannot agree that they are public records or are "publicly available." To the extent that Plaintiffs seek a modification of the Protective Order, the Court finds no good cause for such modification. See Fed. R. Civ. P. 26(c); Public Citizen v. Liggett Group, Inc., 858 F.2d 775, 790 (1st Cir. 1988). For all these reasons, the Court DENIES the motion.

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 13 of 25

06/04/2013 06/04/2013
06/17/2013 06/19/2013 06/24/2013 06/24/2013 06/27/2013
06/27/2013
07/02/2013 07/03/2013 07/03/2013 07/03/2013 07/03/2013 07/03/2013 07/09/2013

(Hourihan, Lisa) (Entered: 05/16/2013)
58 MOTION to Compel Defendants' Responses to Requests for Production by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 06/04/2013)
59 MEMORANDUM in Support re 58 MOTION to Compel Defendants' Responses to Requests for Production filed by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Felter, John) (Entered: 06/04/2013)
60 Assented to MOTION for Extension of Time to July 2, 2013 to File Response/Reply as to 58 MOTION to Compel Defendants' Responses to Requests for Production by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Casey, Timothy) (Entered: 06/17/2013)
61 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 60 Motion for Extension of Time to File Response/Reply re 58 MOTION to Compel Defendants' Responses to Requests for Production Responses due by 7/2/2013 (Hourihan, Lisa) (Entered: 06/19/2013)
62 MOTION for Leave to File Amended Complaint by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A (Proposed Amended Complaint), # 2 Exhibit B (Complaint Redline Comparison))(Morgulis, Eugene) (Entered: 06/24/2013)
63 MEMORANDUM in Support re 62 MOTION for Leave to File Amended Complaint filed by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 06/24/2013)
64 Transcript of Scheduling Conference held on May 23, 2012, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helana Kline at helanakline@aol.com Redaction Request due 7/18/2013. Redacted Transcript Deadline set for 7/29/2013. Release of Transcript Restriction set for 9/25/2013. (Scalfani, Deborah) (Entered: 06/27/2013)
65 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 06/27/2013)
66 Opposition re 58 MOTION to Compel Defendants' Responses to Requests for Production filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Casey, Timothy) (Entered: 07/02/2013)
67 EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT A by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)
68 EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT B by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)
69 EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT C by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)
70 EXHIBIT re 66 Opposition to Motion, CORRECTED EXHIBIT D by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Casey, Timothy) (Entered: 07/03/2013)
71 Assented to MOTION for Extension of Time to July 15, 2013 to File Response/Reply as to 62 MOTION for Leave to File Amended Complaint, 63 Memorandum in Support of Motion by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 07/03/2013)
72 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 71 Motion for Extension of Time to File Response/Reply re 62 MOTION for Leave to File Amended Complaint Responses due by 7/15/2013 (Maynard, Timothy) (Entered: 07/09/2013)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 14 of 25

07/15/2013 07/15/2013 07/15/2013 07/15/2013 07/15/2013 07/17/2013
07/25/2013
07/25/2013
07/26/2013 07/30/2013 08/02/2013
08/02/2013 08/05/2013 08/05/2013 08/05/2013

73 Opposition re 62 MOTION for Leave to File Amended Complaint filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Kim, Tori) (Entered: 07/15/2013)
74 AFFIDAVIT of Tori T. Kim in Opposition re 62 MOTION for Leave to File Amended Complaint filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A − Pls. Document Requests, # 2 Exhibit B − Pls. Deposition Notice)(Kim, Tori) (Entered: 07/15/2013)
75 MOTION for Judgment on the Pleadings by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 07/15/2013)
76 MEMORANDUM in Support re 75 MOTION for Judgment on the Pleadings filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A − Proposed Judgment)(Kim, Tori) (Entered: 07/15/2013)
77 AFFIDAVIT of Tori T. Kim in Support re 75 MOTION for Judgment on the Pleadings filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A − July 25, 2012 Letter to Ropes & Gray LLP, # 2 Exhibit B − Apr. 22, 2013 Interrogatory Responses)(Kim, Tori) (Entered: 07/15/2013)
78 MOTION for Leave to File Reply in Further Support of Motion to Compel Defendants Responses to Requests for Production by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A − Reply for Motion to Compel Defendants Responses to Requests for Production, # 2 Exhibit B − Exhbit A to Reply for Motion to Compel Defendants Responses to Requests for Production)(Morgulis, Eugene) (Entered: 07/17/2013)
79 Assented to MOTION for Extension of Time to August 5, 2013 to File Opposition to Defendants Motion for Judgment on the Pleadings as to Claims Regarding the Office of Medicaid, Individual Plaintiff, and Remote Transactions by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 07/25/2013)
80 MOTION for Leave to File Reply in Further Support of Motion to Amend Complaint by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A − Reply in Further Support of Motion for Leave to Amend Complaint, # 2 Exhibit 1 To Reply Brief, # 3 Exhibit 2 To Reply Brief)(Felter, John) (Entered: 07/25/2013)
81 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 79 Motion for Extension of Time to File Opposition to Motion for Judgment of the Pleadings to 8/5/13. (Hourihan, Lisa) (Entered: 07/26/2013)
82 CERTIFICATE of Compliance pursuant to Local Rule 15.1(b) by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 07/30/2013)
83 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 80 Motion for Leave to File a Reply in Support of Motion to Compel ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Maynard, Timothy) (Entered: 08/02/2013)
84 REPLY to Response to 58 MOTION to Compel Defendants' Responses to Requests for Production filed by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 08/02/2013)
85 Assented to MOTION for Leave to File Excess Pages by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 08/05/2013)
86 Opposition re 75 MOTION for Judgment on the Pleadings filed by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 08/05/2013)
87 DECLARATION re 86 Opposition to Motion 75 for Judgment on the Pleadings by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 15 of 25

08/06/2013 08/09/2013 08/22/2013 09/09/2013 09/16/2013
09/24/2013
09/24/2013 09/24/2013 09/25/2013
10/02/2013 10/23/2013 10/23/2013

Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Morgulis, Eugene) (Entered: 08/05/2013)
88 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 85 Motion for Leave to File Excess Pages. (Hourihan, Lisa) (Entered: 08/06/2013)
89 SUR−REPLY to Motion re 62 MOTION for Leave to File Amended Complaint filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A − Defs. Proposed Sur−Reply in Opposition to Pls. Motion for Leave to Amend)(Kim, Tori) (Entered: 08/09/2013)
90 OPPOSITION to Defendant's Motion for Leave to File, in Response by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice to 89 Sur−Reply to Motion, Made by Plaintiff, for Leave to Amend the Complaint. (Morgulis, Eugene) (Entered: 08/22/2013)
91 MOTION for Leave to File Reply Memorandum in Support of Defendants' Motion for Judgment on the Pleadings (Dkt. Nos. 75−77) by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit Ex. A − Proposed Reply Memorandum, # 2 Exhibit Ex. 1 to Proposed Reply Memorandum)(Kim, Tori) (Entered: 09/09/2013)
92 ELECTRONIC NOTICE Setting Hearing on Motion 75 MOTION for Judgment on the Pleadings : NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 11/12/2013 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 09/16/2013)
93 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 91 Motion for Leave to File Reply Memorandum of Law in Support of Their Motion for Judgment on the Pleadings; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Hourihan, Lisa) (Entered: 09/24/2013)
94 REPLY to Response to 75 MOTION for Judgment on the Pleadings filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit Ex. 1 to Defendants' Reply Memorandum)(Kim, Tori) (Entered: 09/24/2013)
95 MOTION for Leave to Appear Pro Hac Vice for admission of Catherine M. Flanagan Filing fee: $ 100, receipt number 0101−4648292 by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Certificate of Catherine M. Flanagan in Support)(Morgulis, Eugene) (Entered: 09/24/2013)
96 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 95 Motion for Leave to Appear Pro Hac Vice Added Catherine M. Flanagan. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) (Entered: 09/25/2013)
97 NOTICE of Appearance by Deanna B. FitzGerald on behalf of Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice (FitzGerald, Deanna) (Entered: 10/02/2013)
98 ELECTRONIC NOTICE Resetting Hearing on Motion 75 MOTION for Judgment on the Pleadings : Motion Hearing set for 11/18/2013 11:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/23/2013)
99 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 11/18/2013 11:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/23/2013)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 16 of 25

10/23/2013 10/31/2013 11/01/2013 11/15/2013 11/18/2013
11/19/2013 11/20/2013 11/25/2013
11/25/2013 11/26/2013 12/02/2013 12/13/2013 12/13/2013

100 ELECTRONIC NOTICE Setting Hearing on Motion 58 MOTION to Compel Defendants' Responses to Requests for Production, 62 MOTION for Leave to File Amended Complaint : Motion Hearing set for 11/18/2013 11:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 10/23/2013)
101 Joint MOTION to Continue Fact Discovery Deadline to November 22, 2013 by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 10/31/2013)
102 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 101 Motion to Extend Fact Discovery to 11/22/13 (Hourihan, Lisa) (Entered: 11/01/2013)
103 MOTION for Order to Dismiss Plaintiff Bethzaida Delgado's Claims and to Approve Ms. Delgado's Withdrawal as a Plaintiff by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 11/15/2013)
104 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 11/18/2013 re 62 MOTION for Leave to File Amended Complaint filed by NAACP−New England Area Conference, Bethzaida Delgado, New England United for Justice, 75 MOTION for Judgment on the Pleadings filed by Judyann Bigby, Daniel J. Curley, William F. Galvin, 58 MOTION to Compel Defendants' Responses to Requests for Production filed by NAACP−New England Area Conference, Bethzaida Delgado, New England United for Justice. Arguments. Court takes under advisement 58 Motion to Compel; takes under advisement 62 Motion for Leave to File Amended Complaint; takes under advisement 75 Motion for Judgment on the Pleadings; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: John Felter, Eugene Margulis and Lisa Danetz for the plaintiffs. Tori Kim and Timothy Casey for the defendants.) (Hourihan, Lisa) (Entered: 11/18/2013)
105 Joint MOTION to Continue Fact Discovery Deadline to December 13, 2013 by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 11/19/2013)
106 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 105 Motion to Extend Fact discovery to 12/13/13. (Hourihan, Lisa) (Entered: 11/20/2013)
107 Transcript of Motion Hearing held on November 18, 2013, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 12/16/2013. Redacted Transcript Deadline set for 12/26/2013. Release of Transcript Restriction set for 2/23/2014. (Scalfani, Deborah) (Entered: 11/25/2013)
108 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above−captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah) (Entered: 11/25/2013)
109 Joint MOTION to Continue Expert Discovery Deadlines by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 11/26/2013)
110 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 109 Motion to Continue Expert Discovery. Plaintiffs' trial expert disclosures due by 12/20/13. Defendants' trial expert disclosures due by 1/21/14. Rebuttal expert disclosures due by 2/21/14. (Hourihan, Lisa) (Entered: 12/02/2013)
111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 12/13/2013)
112 MEMORANDUM in Support re 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information filed by NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 12/13/2013)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 17 of 25

12/13/2013
12/13/2013 12/13/2013 12/13/2013 12/16/2013 12/23/2013 12/31/2013 01/06/2014 01/08/2014 01/17/2014 01/17/2014 01/17/2014
01/17/2014

113 DECLARATION re 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Morgulis, Eugene) (Entered: 12/13/2013)
114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 12/13/2013)
115 MEMORANDUM in Support re 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms filed by NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 12/13/2013)
116 DECLARATION re 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morgulis, Eugene) (Entered: 12/13/2013)
117 ELECTRONIC NOTICE issued requesting courtesy copy for 113 Declaration,. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Hourihan, Lisa) (Entered: 12/16/2013)
118 Assented to MOTION for Extension of Time to Jan. 17, 2014 to File Response/Reply as to 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information, 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 12/23/2013)
119 Assented to MOTION to Seal Expert Report in Support of Motion to Compel 111 by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A)(Morgulis, Eugene) (Entered: 12/31/2013)
121 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 118 Motion for Extension of Time to File Response/Reply re 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms, 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information Responses due by 1/17/2014 (Hourihan, Lisa) (Entered: 01/06/2014)
122 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 119 Motion to Seal Expert Report (Maynard, Timothy) (Entered: 01/08/2014)
124 Assented to MOTION for Extension of Time to 01/31/2014 to File Response/Reply as to 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Casey, Timothy) (Entered: 01/17/2014)
125 Opposition re 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Kim, Tori) (Entered: 01/17/2014)
126 AFFIDAVIT in Opposition re 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Attachments: # 1 Exhibit A − Defs. 6/25/12 objections & responses, # 2 Exhibit B − DTA's 2/16/12 public records response (excerpt), # 3 Exhibit C − DTA's 4/22/13 responses to 1st set of interrog., # 4 Exhibit D − DTA's 4/22/13 responses to 2nd set of interrog., # 5 Exhibit E − Dkt. No. 50−6 in S.C. v. Holder, # 6 Exhibit F − Dkt. No. 331 in Gonzalez v. Ariz.)(Kim, Tori) (Entered: 01/17/2014)
127 AFFIDAVIT in Opposition re 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information filed by Judyann Bigby, Daniel J. Curley, William F. Galvin. (Kim, Tori) (Entered: 01/17/2014)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 18 of 25

01/21/2014 01/21/2014 01/28/2014 01/31/2014 01/31/2014 02/04/2014 02/14/2014
02/14/2014 02/21/2014 03/14/2014
03/14/2014 03/14/2014

128 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 124 Motion for Extension of Time to File Response/Reply re 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms Responses due by 1/31/2014 (Hourihan, Lisa) (Entered: 01/21/2014)
129 MOTION for Extension of Time to Feb. 19, 2014 to Complete Discovery (Defs.' Expert Disclosures) by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Kim, Tori) (Entered: 01/21/2014)
130 Judge Denise J. Casper: Although plaintiffs only partially assent, Court grants 129 Motion for Extension of Time to Complete Discovery. Defendants' expert disclosures due by 2/19/14. Rebuttal expert disclosures due by 3/21/14. (Hourihan, Lisa) (Entered: 01/28/2014)
131 Joint MOTION for Extension of Time to 02/21/2014 to File Response/Reply as to 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms by Judyann Bigby, Daniel J. Curley, William F. Galvin.(Casey, Timothy) (Entered: 01/31/2014)
132 MOTION for Leave to File a Reply in Support of Motion to Compel 111 by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Proposed Reply, # 2 Second Declaration of Eugene Morgulis, # 3 Declaration of Michael McDonald)(Morgulis, Eugene) (Entered: 01/31/2014)
133 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 131 Motion for Extension of Time to File Response/Reply re 114 MOTION to Compel Responses Regarding Numbers of Retained Declination Forms Responses due by 2/21/2014 (Hourihan, Lisa) (Entered: 02/04/2014)
135 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 132 Motion for Leave to File Reply in Support of Motion to Compel 111 by NAACP−New England Area Conference, New England United for Justice; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Hourihan, Lisa) (Entered: 02/14/2014)
136 REPLY to Response to 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information filed by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Second Declaration of Eugene Morgulis, # 2 Declaration of Michael McDonald)(Morgulis, Eugene) (Entered: 02/14/2014)
137 MOTION to Withdraw Motion to Compel Responses Regarding Numbers of Retained Declination Forms 114 by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 02/21/2014)
138 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER − the Court ALLOWS the motion to amend the complaint, D. 62; DENIES the Defendants' motion for judgment on the pleadings, D. 75; ALLOWS IN PART and DENIES IN PART the motion to compel, D. 58; and ORDERS that:1.The Defendants produce the requested documents regarding the Office of MassHealth and records regarding the Secretary's communications with other public assistance agencies about NVRA violations and compliance; and 2.The Plaintiffs file within seven days an amended complaint that complies with this Order. The Court ALLOWS the Plaintiffs' motion to withdraw Delgado as a named Plaintiff, D. 103, and ALLOWS nunc pro tunc the Plaintiffs' motion for leave to file a reply in support of the motion to compel, D. 78, and the Defendants' motion to file a sur−reply to the motion to amend, D. 89.So Ordered.(Hourihan, Lisa) (Entered: 03/14/2014)
139 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 137 Motion to Withdraw D. 114 (Hourihan, Lisa) (Entered: 03/14/2014)
140 Judge Denise J. Casper: ELECTRONIC ORDER entered denying as moot 114 Motion to Compel in light of the withdrawal of the motion, D. 137. (Hourihan, Lisa) (Entered: 03/14/2014)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 19 of 25

03/14/2014 03/14/2014 03/17/2014 04/01/2014 04/07/2014 04/08/2014
04/16/2014
04/23/2014 05/01/2014 06/20/2014

141 ELECTRONIC NOTICE Setting Hearing on Motion 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information : Motion Hearing set for 4/8/2014 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/14/2014)
142 NOTICE of Withdrawal of Appearance by Daniel J. Bennett (Bennett, Daniel) (Entered: 03/14/2014)
143 AMENDED COMPLAINT against William F. Galvin, John Polanowicz, Stacey Monahan, Kristin Thorn, filed by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A)(Felter, John) (Entered: 03/17/2014)
144 Joint MOTION for Extension of Time to July 15, 2014 to Complete Discovery by Judyann Bigby, Daniel J. Curley, William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn.(Kim, Tori) (Entered: 04/01/2014)
145 Joint MOTION to Modify Scheduling Order 27 to Extend Litigation Deadlines by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 04/07/2014)
147 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 4/8/2014 re 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information filed by NAACP−New England Area Conference, New England United for Justice. Arguments. Court takes under advisement 111 Motion to Compel; denying as moot 144 Motion for Extension of Time to Complete Discovery in light of the filing of D. 145; grants 145 Motion for Modification of Scheduling Order and adopts the scheduled outlined on page 3. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: John Felter, Eugene Morgulis and Matthew Mazzotta for the plaintiffs. Tori Kim and Timothy Casey for the defendants.) (Hourihan, Lisa) (Entered: 04/09/2014)
148 Supplemental MEMORANDUM in Opposition re 111 MOTION to Compel Defendants' Responses to Request for Production of Databases and Related Information filed by Judyann Bigby, Daniel J. Curley, William F. Galvin, Stacey Monahan, John Polanowicz. (Attachments: # 1 Exhibit A − Harper protective order, # 2 Exhibit B − Harper confidentiality agreement, # 3 Exhibit C − JRC protective order, # 4 Exhibit D − JRC stipulation, # 5 Exhibit E − Rosie D. supp. findings)(Kim, Tori) (Entered: 04/16/2014)
149 MOTION to Strike 148 Memorandum in Opposition to Motion,, 111 , in the Altrnative, for Leave to File a Response by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Proposed Response)(Morgulis, Eugene) (Entered: 04/23/2014)
150 MOTION for Leave to File Notice of Supplemental Authority by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Morgulis, Eugene) (Entered: 05/01/2014)
151 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER − the Court ALLOWS IN PART the Plaintiffs' motion to compel. The Defendants shall produce: (1)the complete Massachusetts voter registration database file maintained in the Central Registry of Voters from December 8, 2011 to present, including names; addresses; dates of birth and/or the last four digits of the voters' Social Security numbers; and the "agency designation" field; (2)DTA BEACON database data on all current DTA clients from December 8, 2011 to present, but limited to the following fields: name; address; date of birth; and/or last four digits of Social Security numbers; and any field related to voter registration; (3)unredacted versions of the internal DTA documents monitoring case managers' voter registration efforts. Any relief Plaintiffs seek that is not consistent with this order is DENIED. Production of the data will be subject to a protective order to be entered by the Court. The parties have ten days from the date of this Order to confer and submit a proposed order to the Court regarding this production. The Court notes that to the extent the Defendants seek a cost−sharing of any notice provided to the data subjects, D. 125 at 6 n. 3, such request is DENIED. (Maynard, Timothy) (Entered: 06/20/2014)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 20 of 25

06/25/2014 06/30/2014 06/30/2014 07/08/2014 07/09/2014
07/31/2014 08/04/2014
08/26/2014 09/02/2014 09/19/2014 09/24/2014 11/10/2014

152 Judge Denise J. Casper: ELECTRONIC ORDER entered. Any motion for protective order to be filed by 6/30/14. All discovery including expert discovery due by 8/10/14. Summary Judgment motions due by 9/10/14. Opposition to summary judgment motions due by 10/10/14. Replies to opposition to motion for summary judgment due by 10/31/14.(Hourihan, Lisa) (Entered: 06/25/2014)
153 Joint MOTION to Modify Scheduling Order by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 06/30/2014)
154 Joint MOTION for Protective Order (Stipulated) by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Text of Proposed Order)(Felter, John) (Entered: 06/30/2014)
155 Judge Denise J. Casper: ORDER entered. STIPULATED PROTECTIVE ORDER. (Maynard, Timothy) (Entered: 07/08/2014)
156 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 153 Motion for Modification. Defendants must produce the data ordered in the June 20 Order, except any Personal Data (as defined in the parties [Proposed] Stipulated Protective Order submitted separately with this motion) pertaining to clients from whom DTA may receive objections to disclosure, by August 25, 2014. All fact discovery must be completed by September 10, 2014. All expert discovery must be completed by November 19, 2014. Motions for summary judgment must be filed by December 19, 2014. Oppositions to summary judgment motions must be filed by January 23, 2015. Replies to oppositions to summary judgment motions are permitted and must befiled by February 6, 2015. (Maynard, Timothy) (Entered: 07/09/2014)
157 Joint MOTION to Modify Stipulated Protective Order and Scheduling Order by Judyann Bigby, Daniel J. Curley, William F. Galvin, Stacey Monahan, John Polanowicz.(Kim, Tori) (Entered: 07/31/2014)
158 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 157 Motion to Modify Stipulated Protective Order and Scheduling Order by Judyann Bigby, Daniel J. Curley, William F. Galvin, Stacey Monahan, John Polanowicz as follows: Paragraph 8 of the Stipulated Protective Order, D. 155, shall be modified to delete the second sentence, which states: "The mailing of said notices shall occur by July 31, 2014." The Scheduling Order, D. 156, shall be further modified as follows: Defendants shall produce the documents and database information ordered in the June 20 Order, except any Personal Data (as defined in the Stipulated Protective Order) pertaining to clients from whom DTA may receive objections to disclosure, by September 25, 2014; All other fact discovery shall be completed by October 10, 2014; and There are no other modifications to the Scheduling Order. (Hourihan, Lisa) (Entered: 08/04/2014)
159 Joint MOTION to Modify Scheduling Order by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 08/26/2014)
160 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 159 Motion for Modification of the Scheduling Order. Fact discovery due by 10/24/14. Expert discovery due by 12/12/14. Summary Judgment Motions due by 1/16/15. Opposition to Summary Judgment Motions due by 2/16/15. Replies due by 3/2/15. (Hourihan, Lisa) (Entered: 09/02/2014)
161 Joint MOTION to Modify Scheduling Order by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 09/19/2014)
162 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 161 Motion for Modification of the Scheduling Order. Fact discovery due by 11/25/14. Expert discovery due by 1/12/15. Motions for summary judgment due by 2/16/15. Opposition to summary judgment motions due by 3/18/15. Replies to oppositions to summary judgment motions due by 4/1/15. NO FURTHER EXTENSIONS ANTICIPATED. (Hourihan, Lisa) (Entered: 09/24/2014)
163 MOTION for Extension of Time to Nov. 25, 2014 to Complete Discovery (Production of Personal Data) by Stacey Monahan.(Kim, Tori) (Entered: 11/10/2014)

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 21 of 25

11/14/2014 11/18/2014
12/09/2014 12/12/2014 12/12/2014 12/12/2014 12/12/2014 12/17/2014 12/17/2014
12/17/2014 12/19/2014 12/22/2014 12/23/2014 12/23/2014 12/23/2014

164 RESPONSE to Motion re 163 MOTION for Extension of Time to Nov. 25, 2014 to Complete Discovery (Production of Personal Data) filed by NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 11/14/2014)
165 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 163 Motion for Extension of Time to Complete Discovery. The Court allows the motion for modification of the scheduling order only to the following limited extent; DTA may have a 15−day extension to produce documents and information, but same must be produced on or before 11/25/14. The Court grants this brief continuance given representations made in motion and plaintiffs' response. (Hourihan, Lisa) (Entered: 11/18/2014)
166 NOTICE of Appearance by Alexia R. De Vincentis on behalf of NAACP−New England Area Conference, New England United for Justice (De Vincentis, Alexia) (Entered: 12/09/2014)
167 MOTION to Enforce DTA Settlement Agreement by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Text of Proposed Order)(Felter, John) (Entered: 12/12/2014)
168 MOTION to Seal Documents in Support of Plaintiffs' Motion to Enforce DTA Settlement Agreement by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit 1)(Felter, John) (Entered: 12/12/2014)
169 MOTION for Sanctions by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Text of Proposed Order)(Felter, John) (Entered: 12/12/2014)
170 MEMORANDUM in Support re 169 MOTION for Sanctions filed by NAACP−New England Area Conference, New England United for Justice. (Felter, John) (Entered: 12/12/2014)
171 MEMORANDUM in Support re 167 MOTION to Enforce DTA Settlement Agreement filed by Bethzaida Delgado, New England United for Justice. (Maynard, Timothy) (Entered: 12/17/2014)
172 DECLARATION of Eugene Morgulis re 167 MOTION to Enforce DTA Settlement Agreement by Bethzaida Delgado, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S)(Maynard, Timothy) (Entered: 12/17/2014)
173 DECLARATION of Lisa J. Danetz re 167 MOTION to Enforce DTA Settlement Agreement by Bethzaida Delgado, NAACP−New England Area Conference, New England United for Justice. (Maynard, Timothy) (Entered: 12/17/2014)
174 MOTION for Extension of Time to Jan. 9, 2015 to File Response/Reply as to 169 MOTION for Sanctions (Unopposed) by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn.(Kim, Tori) (Entered: 12/19/2014)
175 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 174 Motion for Extension of Time to File Response/Reply re 169 MOTION for Sanctions Responses due by 1/9/2015 (Hourihan, Lisa) (Entered: 12/22/2014)
176 Emergency MOTION to Strike 167 MOTION to Enforce DTA Settlement Agreement and to Stay Briefing on Plaintiffs' Motion to Enforce by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn.(Casey, Timothy) (Entered: 12/23/2014)
177 MEMORANDUM in Support re 176 Emergency MOTION to Strike 167 MOTION to Enforce DTA Settlement Agreement and to Stay Briefing on Plaintiffs' Motion to Enforce filed by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Casey, Timothy) (Entered: 12/23/2014)
178 AFFIDAVIT in Support re 176 Emergency MOTION to Strike 167 MOTION to Enforce DTA Settlement Agreement and to Stay Briefing on Plaintiffs' Motion to Enforce of Tori Kim filed by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Casey,

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 22 of 25

12/23/2014 01/05/2015 01/06/2015 01/06/2015 01/09/2015 01/09/2015 01/09/2015 01/09/2015 01/09/2015 01/12/2015
01/14/2015 01/15/2015
01/15/2015 01/16/2015

Timothy) (Entered: 12/23/2014)
179 MEMORANDUM in Opposition re 168 MOTION to Seal Documents in Support of Plaintiffs' Motion to Enforce DTA Settlement Agreement filed by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Casey, Timothy) (Entered: 12/23/2014)
180 NOTICE of Withdrawal of Appearance by Thomas R. Lipton (Lipton, Thomas) (Entered: 01/05/2015)
181 Opposition re 176 Emergency MOTION to Strike 167 MOTION to Enforce DTA Settlement Agreement and to Stay Briefing on Plaintiffs' Motion to Enforce filed by NAACP−New England Area Conference, New England United for Justice. (Felter, John) (Entered: 01/06/2015)
182 MOTION for Leave to File a Reply to 179 Opposition to Motion to Impound Documents by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A)(Felter, John) (Entered: 01/06/2015)
183 MOTION to Modify Scheduling Order (Unopposed) by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 01/09/2015)
184 Opposition re 169 MOTION for Sanctions filed by William F. Galvin, Stacey Monahan. (Casey, Timothy) (Entered: 01/09/2015)
185 AFFIDAVIT of Tori T. Kim in Opposition re 169 MOTION for Sanctions filed by William F. Galvin, Stacey Monahan. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Casey, Timothy) (Entered: 01/09/2015)
186 AFFIDAVIT of Thomas Massimo in Opposition re 169 MOTION for Sanctions filed by William F. Galvin, Stacey Monahan. (Casey, Timothy) (Entered: 01/09/2015)
187 AFFIDAVIT of Michelle K. Tassinari in Opposition re 169 MOTION for Sanctions filed by William F. Galvin, Stacey Monahan. (Casey, Timothy) (Entered: 01/09/2015)
188 ELECTRONIC NOTICE Setting Hearing on Motion 176 Emergency MOTION to Strike 167 MOTION to Enforce DTA Settlement Agreement and to Stay Briefing on Plaintiffs' Motion to Enforce, 169 MOTION for Sanctions , 183 MOTION to Modify Scheduling Order (Unopposed), 168 MOTION to Seal Documents in Support of Plaintiffs' Motion to Enforce DTA Settlement Agreement, 167 MOTION to Enforce DTA Settlement Agreement : Motion Hearing and Status Conference set for 1/22/2015 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 01/12/2015)
189 MOTION for Leave to File Reply Memorandum in Support of Defendants' Emergency Motions to Strike and to Stay Briefing (Unopposed) by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Attachments: # 1 Exhibit A − [Proposed] Reply Memorandum)(Kim, Tori) (Entered: 01/14/2015)
190 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 189 Motion for Leave to File Reply Memorandum in Support of Defendants' Emergency Motions to Strike and to Stay Briefing (Unopposed) by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Hourihan, Lisa) (Entered: 01/15/2015)
191 REPLY to Response to 176 Emergency MOTION to Strike 167 MOTION to Enforce DTA Settlement Agreement and to Stay Briefing on Plaintiffs' Motion to Enforce (Leave to File Granted on Jan. 15, 2015) filed by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Kim, Tori) (Entered: 01/15/2015)
192 MOTION for Leave to File (Unopposed) Reply in Further Support of Plaintiffs' Motion for Sanctions and Response to Defendants' Request for New Scheduling Order by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit [Proposed] Reply in Further Support of Plaintiffs' Motion

Case: 1:12-cv-10872 As of: 03/17/2016 03:49 PM EDT 23 of 25

01/20/2015
01/20/2015 01/22/2015
01/23/2015 01/23/2015 02/05/2015 02/05/2015 02/06/2015 02/11/2015

for Sanctions and Response to Defendants' Request for New Scheduling Order)(Morgulis, Eugene) (Entered: 01/16/2015)
193 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 192 Motion for Leave to File Reply in Further Support of Plaintiffs' Motion for Sanctions and Response to Defendants' Request for New Scheduling Order by NAACP−New England Area Conference, New England United for Justice; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Hourihan, Lisa) (Entered: 01/20/2015)
194 REPLY to Response to 169 MOTION for Sanctions and Response to Defendants' Request for New Scheduling Order filed by NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 01/20/2015)
195 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 1/22/2015 re 176 Emergency MOTION to Strike 167 MOTION to Enforce DTA Settlement Agreement and to Stay Briefing on Plaintiffs' Motion to Enforce filed by Kristin Thorn, John Polanowicz, Stacey Monahan, William F. Galvin, 169 MOTION for Sanctions filed by NAACP−New England Area Conference, New England United for Justice, 167 MOTION to Enforce DTA Settlement Agreement filed by NAACP−New England Area Conference, New England United for Justice, 168 MOTION to Seal Documents in Support of Plaintiffs' Motion to Enforce DTA Settlement Agreement filed by NAACP−New England Area Conference, New England United for Justice; Arguments. Court takes under advisement 167 Motion to Enforce DTA Settlement Agreement; Defendants to respond to that motion by 2/5/15. Plaintiffs may file a reply brief by 2/12/15. Court takes under advisement 168 Motion to Seal; takes under advisement 169 Motion for Sanctions and will hold off decision of that motion; Court denies 176 Motion to Strike Motion to Enforce DTA Settlement Agreement; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: John Felter, Deanna FitzGerald and Lisa Danetz for the plaintiffs. Tori Kim and Timothy Casey for the defendants.) (Hourihan, Lisa) (Entered: 01/23/2015)
196 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 182 Motion for Leave to File Reply Brief to 179 Opposition to Motion to Impound Documents by NAACP−New England Area Conference, New England United for Justice; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the document. (Hourihan, Lisa) (Entered: 01/23/2015)
197 REPLY to Response to 168 MOTION to Seal Documents in Support of Plaintiffs' Motion to Enforce DTA Settlement Agreement filed by NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 01/23/2015)
198 Assented to MOTION for Leave to File Excess Pages for Defendants' Opposition to Plaintiffs' Motion to Enforce by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn.(Casey, Timothy) (Entered: 02/05/2015)
199 NOTICE OF MANUAL FILING by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn Defendants' Opposition to Plaintiffs' Motion to Enforce & Supporting Materials re 167 MOTION to Enforce DTA Settlement Agreement (Filed Under Seal) (Casey, Timothy) (Entered: 02/05/2015)
200 Assented to MOTION for Extension of Time to February 17, 2015 to File Response/Reply to Defendants' Opposition to Plaintiffs' Motion to Enforce the DTA Settlement Agreement by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 02/06/2015)
201 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 198 Motion for Leave to File Opposition to Plaintiffs' Motion to Enforce Excess Pages; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include − Leave to file granted on (date of order)− in the caption of the

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02/11/2015 02/13/2015 02/13/2015
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document. (Hourihan, Lisa) (Entered: 02/11/2015)
202 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 200 Motion for Extension of Time to File Reply to Opposition to Motion to Enforce DTA Settlement Agreement to 2/17/15. (Hourihan, Lisa) (Entered: 02/11/2015)
203 MEMORANDUM in Opposition re 167 MOTION to Enforce DTA Settlement Agreement filed by Judyann Bigby, William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Maynard, Timothy) (Entered: 02/13/2015)
204 AFFIDAVIT of Tori T. Kim in Opposition re 167 MOTION to Enforce DTA Settlement Agreement filed by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Maynard, Timothy) (Entered: 02/13/2015)
205 AFFIDAVIT of Nakisha Skinner in Opposition re 167 MOTION to Enforce DTA Settlement Agreement filed by William F. Galvin, Stacey Monahan, John Polanowicz, Kristin Thorn. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Maynard, Timothy) (Entered: 02/13/2015)
206 MOTION for Extension of Time to February 23, 2015 to File Response/Reply to Defendants' Opposition to Plaintiffs' Motion to Enforce the DTA Settlement Agreement by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 02/13/2015)
207 NOTICE by NAACP−New England Area Conference, New England United for Justice re 206 MOTION for Extension of Time to February 23, 2015 to File Response/Reply to Defendants' Opposition to Plaintiffs' Motion to Enforce the DTA Settlement Agreement of Defendants' Intent to Not Oppose (Morgulis, Eugene) (Entered: 02/17/2015)
208 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 206 Motion for Extension of Time to File Response/Reply re 167 MOTION to Enforce DTA Settlement Agreement Replies due by 2/23/2015. (Hourihan, Lisa) (Entered: 02/19/2015)
209 ELECTRONIC NOTICE Setting Hearing on Motion 167 MOTION to Enforce DTA Settlement Agreement : Motion Hearing set for 3/24/2015 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/19/2015)
210 NOTICE OF MANUAL FILING by NAACP−New England Area Conference, New England United for Justice of Sealed Reply and Declaration in Support of the Motion to Enforce DTA Settlement Agreement (Morgulis, Eugene) (Entered: 02/23/2015)
211 SEALED DOCUMENT. Reply in Further Support of Plaintiffs' Motion to Enforce the DTA Settlement Agreement (Hourihan, Lisa) (Entered: 02/25/2015)
212 SEALED DOCUMENT. Declaration of Eugene L. Morgulis in Support of Plaintiffs' Reply in Further Support of Motion to Enforce DTA Settlement Agreement (Hourihan, Lisa) (Entered: 02/25/2015)
213 Joint MOTION To Enter Order by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Felter, John) (Entered: 03/18/2015)
214 Joint MOTION to Continue Hearing on Plaintiffs' Motion to Enforce DTA Settlement Agreement by NAACP−New England Area Conference, New England United for Justice.(Felter, John) (Entered: 03/18/2015)
215 Judge Denise J. Casper: ORDER entered. ORDER of Final Judgment only as to claims asserted against defendant Massachusetts Department of Transitional Assistance. (Maynard, Timothy) (Entered: 03/20/2015)
216 Judge Denise J. Casper: ELECTRONIC ORDER entered denying as moot 167 Motion ; denying as moot 168 Motion to Seal; granting 213 Motion ; denying as moot 214 Motion to Continue (Hourihan, Lisa) (Entered: 03/20/2015)

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217 ELECTRONIC NOTICE of Hearing. Status Conference set for 4/13/2015 02:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/20/2015)
218 Assented to MOTION to Withdraw 169 MOTION for Sanctions Against Defendant Massachusetts DTA Only by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 03/31/2015)
219 NOTICE by NAACP−New England Area Conference, New England United for Justice of Case Status (Morgulis, Eugene) (Entered: 04/10/2015)
220 Joint MOTION to Stay and Request for Status Conference by NAACP−New England Area Conference, New England United for Justice.(Morgulis, Eugene) (Entered: 04/10/2015)
221 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 4/13/2015. Court grants 218 Motion to Withdraw D. 169; withdrawing 169 Motion for Sanctions; grants 220 Motion to Stay; Further Status Conference set for 6/22/15 at 2:15PM. Status report due by the close of business on 6/18/15. Court holds offf ruling on D. 169, 183. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: John Felter and Lisa Danetz for the plaintiffs. Tori Kim and Timothy Casey for the defendants) (Hourihan, Lisa) (Entered: 04/14/2015)
222 ELECTRONIC NOTICE of Hearing. Status Conference set for 6/22/2015 02:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 04/14/2015)
224 Joint MOTION for Entry of Final Judgment by NAACP−New England Area Conference, New England United for Justice. (Attachments: # 1 Exhibit A − Proposed Order of Final Judgment, # 2 Exhibit B − SOC Settlement Agreement, # 3 Exhibit C − EOHHS and MH Settlement Agreement)(Felter, John) (Entered: 06/17/2015)
225 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 224 Motion for Entry of Final Judgment (Maynard, Timothy) (Entered: 06/17/2015)
226 Judge Denise J. Casper: ORDER entered. Order of Final JUDGMENT. (Maynard, Timothy) (Entered: 06/17/2015)
227 STATUS REPORT (Joint) by NAACP−New England Area Conference, New England United for Justice. (Morgulis, Eugene) (Entered: 06/17/2015)
228 NOTICE of Withdrawal of Appearance by Tori T. Kim (Kim, Tori) (Entered: 06/23/2015)