UNITED STATES DISTRICT COURT SOUTHERN DISTRICT...

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

MIAMI CIVIL DIVISION

Case No 112-cv-22282-WJZ Honorable Judge William J Zloch

KARLA VANESSA ARCIA an individual MELANDE ANTOINE an individual VEYE YO a civic organization based in Miami-Dade County FLORIDA IMMIGRANT COALITION INC a Florida non-profit corporation NATIONAL CONGRESS FOR PUERTO RICAN RIGHTS a Pennsylvania non-profit corporation FLORIDA NEW MAJORITY INC a Florida non-profit corporation and 1199SEIU UNITED HEALTHCARE WORKERS EAST a Labor Union

Plaintiffs

v KEN DETZNER in his official capacity as Florida Secretary of State

Defendant

PLAINTIFFSrsquo MOTION FOR LEAVE TO AMEND THEIR COMPLAINT

As explained further in the attached Memorandum of Law in Support of Plaintiffsrsquo

Motion for Leave to Amend Their Complaint Plaintiffs respectfully submit that justice requires

that Plaintiffs be permitted leave to amend their Complaint pursuant to Federal Rule of Civil

Procedure 15(a)(2) and in accordance with the Schedule set forth by this court for amendments

to the complaint (DE 36) Plaintiffsrsquo proposed Amended Complaint is attached to this motion

as Exhibit A

Case 112-cv-22282-WJZ Document 44 Entered on FLSD Docket 08222012 of 24

1

Plaintiffs have conferred with the Defendant regarding the proposal to amend the

complaint Defendant neither opposes nor consents to Plaintiffsrsquo motion at this time but indicated

his plan to file a response after the motion and proposed Amended Complaint is filed

Dated August 22 2012 Of Counsel Catherine M Flanagan Michelle Kanter Cohen PROJECT VOTE 1350 I St NW Suite 1250 Washington DC 20005 (202) 546-4173 (202) 629-3754 (fax) cflanaganprojectvoteorg mkantercohenprojectvoteorg Ben Hovland FAIR ELECTIONS LEGAL NETWORK 1825 K Street NW Suite 450 Washington DC 20006 (202) 248-5346 (202) 331-1663 (fax) bhovlandfairelectionsnetworkcom Juan Cartagena Jose Perez Diana Sen

Respectfully submitted By s John De Leon

John De Leon Florida Bar No 650390 LAW OFFICES OF CHAVEZ amp DE LEON 5975 Sunset Drive Suite 605 South Miami FL 33143 (305) 740-5347 (305) 740-5348 (fax) jdeleonchavez-deleoncom Lorelie S Masters Marc A Goldman JENNER amp BLOCK LLP 1099 New York Ave NW Suite 900 Washington DC 20001-4412 (202) 639-6000 (202) 639-6066 (fax) lmastersjennercom mgoldmanjennercom J Gerald Hebert Campaign Legal Center 215 E Street NE Washington DC 20002 (202) 736-2200 ghebertcampaignlegalcenterorg Katherine Roberson-Young Florida Bar No 038169 3000 Biscayne Blvd Suite 212 Miami Florida 33137

Case 112-cv-22282-WJZ Document 44 Entered on FLSD Docket 08222012 Page 2 of 24

2

LATINOJUSTICE PRLDEF 99 Hudson Street 14th Floor New York NY 10013-2815 (212) 219-3360 (212) 431-4276 (fax) jcartagenalatinojusticeorg jperezlatinojusticeorg dsenlatinojusticeorg

(305) 571-4082 (305) 571-1396 (fax) katherineroberson-youngseiuorg Penda Hair Katherine Culliton-Gonzalez Uzoma Nkwonta ADVANCEMENT PROJECT 1220 L Street NW Suite 850 Washington DC 20005 (202) 728-9557 (202) 728-9558 (fax) pendahairadvancementprojectorg kcullitongonzalezadvancementprojectorg unkwontaadvancementprojectorg Attorneys for Plaintiffs


3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 22 2012 a true and correct copy of the

foregoing and attachments thereto was served on all counsel of record via CMECF Dated August 22 2012 By s John De Leon_____

John De Leon


4





Plaintiffs


Defendant

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFSrsquo MOTION FOR LEAVE TO

FILE FIRST AMENDED COMPLAINT


1

INTRODUCTION

Plaintiffs seek leave to file an Amended Complaint in light of recent developments in the

Secretary of Statersquos (ldquothe Secretaryrdquo) ongoing efforts to remove thousands of registered voters

from the statersquos voter rolls before the general election in November 2012 Plaintiffsrsquo motion is

within the time set by this court in its Scheduling Order for amendments to the complaint (DE

36) The proposed Amended Complaint is attached to this motion as Attachment A

On June 19 2012 Plaintiffs filed their original Complaint and described in detail a

program initiated by the Secretary to ldquoidentify non-citizens who are currently on Floridarsquos voter

rollsrdquo Compl para 14 Plaintiffs alleged that the Secretaryrsquos actions violated the National Voter

Registration Act (NVRA) along with section 2 of the Voting Rights Act Id parapara 1-3

While the Secretary maintainsmdashin this case and othersmdashthat he has voluntarily

abandoned the program that formed the basis of Plaintiffsrsquo Complaint see eg Secrsquoy of Statersquos

Rule 26(f) Conference Report para A (ldquoSecrsquoy Rule 26(f) Reportrdquo) he took no steps to reinstate or

reassure the registered voters who were originally identified as non-citizens Instead he sought

access to the Department of Homeland Securityrsquos (DHS) Systematic Alien Verification for

Entitlements Database (SAVE) to cross-check his list of potential non-citizens and to continue

and finish the purge See June 19 2012 Ltr from Gov R Scott and Secrsquoy K Detzner to Secrsquoy J

Napolitano (Exh 1) Moreover the Secretary maintained that Plaintiffsrsquo initial Complaint did

not encompass those who received letters questioning their eligibility but have not yet been

removed from the voter rolls

Plaintiffs have reason to believe that the Secretary has received access to the SAVE

database and will promptly continue his purge of registered voters See Secrsquoy Rule 26(f) Report

para A (DE 35) As a result Plaintiffs issued a new notice letter in compliance with the NVRA


2

and have sought to wait the 20 days set forth in the NVRA see 42 USC 1973-gg9(b) before

amending their Complaint They now seek to amend their Complaint to clarify (1) that their

claims regarding the Secretaryrsquos past actions encompass those who received letters questioning

their eligibility but who have not yet been purged and (2) that their claims encompass the

Secretaryrsquos plan to use the SAVE database to extend the purge

ARGUMENT

Federal Rule of Civil Procedure 15(a)(2) provides that a party may amend its pleadings

by leave of court or by written consent of the adverse party and the court ldquoshould freely give

leaverdquo to amend a complaint ldquowhen justice so requiresrdquo In particular ldquotimely motions to amend

are held to a very liberal standardrdquo Smith v Trans-Siberian Orchestra 728 F Supp 2d 1315

1318 (MD Fla 2010) This court has recognized that Rule 15(a)rsquos mandate severely

circumscribes its discretion to deny timely motions for leave to amend See Yamashita v Merck

amp Co Inc 2012 WL 488030 at 1 (SD Fla Feb 14 2012) Foman v Davis 371 US 178

(1962)

Plaintiffs seek leave to amend within the schedule for amendment set by the court and

based on new factual developments Indeed the Amended Complaint simply updates the factual

circumstances surrounding the voter purges with information provided largely by the Secretary

within the past few weeks See Report of Rule 26 Initial Conference at 9 US v Florida No

412-cv-00285 (ND Fla Aug 1 2012) (stating that the Secretary expected to receive access to

the SAVE database by August 10 2012) Because the amendment is timely sought and would

serve the court and partiesrsquo interests in efficiently addressing Plaintiffsrsquo claims regarding the

purge efforts this is precisely the type of circumstance where the court should freely grant leave


3

to amend in the interests of justice See Fed R Civ P 15(a)(2) Smith v Trans-Siberian

Orchestra 728 F Supp 2d at 1318

The amendment will not result in any prejudice to Defendant who has yet to conduct any

discovery in this case or respond to Plaintiffsrsquo requests And Plaintiffs have repeatedly advised

Defendant of their plan to amend

Further because these claims rely in part on information recently provided by the

Secretary no undue delay or bad faith can be attributed to Plaintiffs In a joint Report of Rule

26(f) Initial Conference filed by the Secretary and the US Department of Justice on August 1

2012 the Secretary represented that he would receive access to the SAVE database to cross-

check potential non-citizens by August 10 2012 See Report of Rule 26(f) Initial Conference at

9 US v Florida No 412-cv-00285 (ND Fla Aug 1 2012) Two days later Plaintiffs issued

a letter to the Secretary informing him among other things that any plans to use the SAVE

database to continue his purge of registered voters would violate the NVRA along with section 2

of the Voting Rights Act See Aug 3 2012 Ltr from M Goldman to Secrsquoy K Detzner (Exh 2)

The letter gave the defendant 20 days to remedy the harms caused by his purge and to stop all

future NVRA violations See id Plaintiffsrsquo Amended Complaint thus coincides with the

statutory 20-day notice requirement for NVRA claimsmdashless one day in order to comply with the

deadline for amended pleadings in the Courtrsquos Scheduling Order1

Nor can Plaintiffsrsquo amendments be considered futile particularly where it corrects

Defendantrsquos misperception regarding the relief sought by Plaintiffs The Secretary has stated

that ldquothe allegations in the Complaint involve a data-matching program that has not been

1 Indeed this is one of the reasons why Plaintiffs sought to amend the Courtrsquos Scheduling Order to extend the deadline for amended pleadings See Mem of Law In Supp of Plrsquos Expedited Mot to Modify Sch Order at 9-10 The current deadline falls on August 22 2012 which is just one day before the expiration of the 20-day notice period set forth in the NVRA 42 USC 1973-gg9(b)


4

employed by the Secretary since April 2012rdquo and that ldquothe only remaining issue is whether

Plaintiffs may obtain retrospective relief rdquo See Secrsquoy Rule 26(f) Report para A The Amended

Complaint corrects this misperception by clarifying that Plaintiffsrsquo claims also encompass the

use of the SAVE database to check the status of and purge alleged non-citizens from the voter

rollsmdasha practice that violates the NVRA and the Voting Rights Act

The procedural history of the case shows that Plaintiffs have diligently prosecuted their

claims in the face of Floridarsquos evolving efforts to purge their voter rolls And although the case

is now in the initial stages of discovery Defendants have not conducted any discovery and will

not suffer any prejudice if the Court grants leave to file Plaintiffsrsquo Amended Complaint As

demonstrated above there is no ldquoapparent or declared reasonrdquo to deny Plaintiffsrsquo motion Foman

371 US at 182 therefore leave to amend should be freely given

CONCLUSION

For the foregoing reasons Plaintiffs respectfully request the Court grant leave to file the

proposed First Amended Complaint

Dated August 22 2012 Of Counsel


John De Leon Florida Bar No 650390 LAW OFFICES OF CHAVEZ amp DE LEON 5975 Sunset Drive Suite 605 South Miami FL 33143 (305) 740-5347 (305) 740-5348 (fax) jdeleonchavez-deleoncom


5

Catherine M Flanagan Michelle Kanter Cohen PROJECT VOTE 1350 I St NW Suite 1250 Washington DC 20005 (202) 546-4173 (202) 629-3754 (fax) cflanaganprojectvoteorg mkantercohenprojectvoteorg Ben Hovland FAIR ELECTIONS LEGAL NETWORK 1825 K Street NW Suite 450 Washington DC 20006 (202) 248-5346 (202) 331-1663 (fax) bhovlandfairelectionsnetworkcom Juan Cartagena Jose Perez Diana Sen LATINOJUSTICE PRLDEF 99 Hudson Street 14th Floor New York NY 10013-2815 (212) 219-3360 (212) 431-4276 (fax) jcartagenalatinojusticeorg jperezlatinojusticeorg dsenlatinojusticeorg

Lorelie S Masters Marc A Goldman JENNER amp BLOCK LLP 1099 New York Ave NW Suite 900 Washington DC 20001-4412 (202) 639-6000 (202) 639-6066 (fax) lmastersjennercom mgoldmanjennercom J Gerald Hebert Campaign Legal Center 215 E Street NE Washington DC 20002 (202) 736-2200 ghebertcampaignlegalcenterorg Katherine Roberson-Young Florida Bar No 038169 3000 Biscayne Blvd Suite 212 Miami Florida 33137 (305) 571-4082 (305) 571-1396 (fax) katherineroberson-youngseiuorg Penda Hair Katherine Culliton-Gonzalez Uzoma Nkwonta ADVANCEMENT PROJECT 1220 L Street NW Suite 850 Washington DC 20005 (202) 728-9557 (202) 728-9558 (fax) pendahairadvancementprojectorg kcullitongonzalezadvancementprojectorg unkwontaadvancementprojectorg Attorneys for Plaintiffs


6


I HEREBY CERTIFY that on August 22 2012 a true and correct copy of the foregoing and attachments thereto was served on all counsel of record via CMECF Dated August 22 2012 By s John De Leon

John De Leon


7





Plaintiffs


Defendant

[PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO AMEND COMPLAINT

THIS MATTER is before the Court upon the Motion For Leave To Amend Complaint

of Plaintiffs Karla Vanessa Arcia Melande Antoine Veye Yo Florida Immigrant Coalition Inc

National Congress for Puerto Rican Rights Florida New Majority Inc and 1199SEIU United

Healthcare Workers East (collectively ldquoPlaintiffsrdquo) Having reviewed the motion it is

ORDERED AND ADJUDGED that

1 Leave for Plaintiffs to amend their Complaint filed on June 19 2012 is hereby

GRANTED and


8

2 Plaintiffs are directed to file their Amended Complaint via ECF

DONE AND ORDERED at Fort Lauderdale Broward County Florida this _________

day of _____________ 2012

__________________________________ Honorable William J Zloch USDJ


Exhibit 1


FLORIDA DEPARTMENT ofSTATE RICK SCOTT

Governor KENDETZNER Secretary of State

June 19 2012

The Honorable Janet Napolitano US Department of Homeland Security Washington DC 20528

Dear Secretary Napolitano

I write in response to a June 12 letter received from Alejandro Mayorkas Director of US Citizenship and Immigration Services (USCIS) regarding the longstanding request by the Florida Department of State (FDOS) for access to the Systematic Alien Verification for Entitlements Program (SAVE Program) The US CIS letter confirms our understanding that the SAVE Program can be used for voter registration purposes and would allow Florida to verify the citizenship status of naturalized US citizens and the immigration status of defined categories of non-citizens

The June 12 letter also states that uscrs is willing to work with my Department to achieve Floridas participation in the SAVE Program We accept this offer and respectfully reiterate our request for immediate access to the SAVE Program

Unfortunately the uscrs letter indicates a lack of familiarity with Florida s procedures to identify potential non-citizens on its voter registration rolls FDOS s intended use of the SAVE Program andshymost significantly-the data fields that FDOS offered to provide to uscrs several months ago to verify the current legal status of potential non-citizens As previously stated the Florida Department of State has access to alien registration numbers and other immigration-related documents for many potential non-citizens on its voter rolls and remains willing to provide this information to USCIS for verification purposes

Other information regarding Florida s efforts to identify potential non-citizens on its voter rolls much of which has been previously provided or explained to uscrs is summarized below

Automated Match Process

FDOS has an obligation under both state and federal law to protect the integrity of the electoral process by identifying ineligible registered voters and otherwise ensuring the accuracy of Floridas voter registration system In the Spring of2011 FDOS was informed that Florida s Department of Highway Safety and Motor Vehicles (DHSMV) maintains a record of citizenshipimmigration-status infonnation for individuals who have obtained a state driver license or identification card FDOS believed DHSMV s legal-status information could be helpful in identifying non-citizens who have registered to vote

R A Gray Building bull 500 South Bronough Street bull Tallahassee Florida 32399 Telephone (850) 245-6500 bull Facsimile (850) 245-6125 wwwdosstateflus

Commemorating 500 years ofFlorida history wwwfla500com VIVA flORIDAVIVA flORIDA


FDOS worked with DHSMV to identify potential non-citizens who were registered to vote by identifying records common to DHSMV s Drivers and Vehicle Information Database (DAVID) and the Florida Voter Registration System (FVRS) The matching criteria used for this initial automated match were (1) exact match on a driver s license number (2) exact match on a nine-digit social security number or (3) exact match on a generated driver s license number (derived from name (first and last) date of birth and gender as contained in FVRS) with existing driver s licenses in DAVID This final matching criterion was used because there are registered voters for whom there is no driver s license number or social security number as they registered prior to that identification requirement

The return file only contained information on automated matches in which the DAVID system indicated that the person was a non-citizen based on documents produced to obtain a driver s license or state ID card DHSMV s automated match process was able to identify roughly 11 million common records of which approximately 180000 were identified by DHSMV as potential non-citizens

Secondary Review of Automated Matches

Following the automated match process the Florida Department of State manually reviews each automated match The two-step process involves a verification of both identity and legal status First the Florida Department of State verifies that the registered voter is the same person as the driver licensee by reviewing the name and date of birth under the driver s license andor social security number along with a review of other common fields such as address and signature comparison Identification must be verified on a minimum of three secondary match criteria (firstlast name date of birth and driver s license number andor social security number)

If the identity is verified the Department of State verifies that the legal status information in DAVrD indicates non-citizen by reviewing the countrystate of birth the alien registration number or legal permanent resident number (if available) documentation indicating legal status (citizen or nonshycitizen) and reconciling any inconsistencies in DAVID between data fields and available scanned documentation If DAVID has available documentation as to legal status the match record is deemed REAL ID compliant

Only a record that is verified as to both identity and non-citizen legal status is deemed a potential ineligibility match valid for subsequent determination and possible removal by county Supervisors of Elections under the process prescribed by section 98075(7) Florida Statutes

FDOS soon recognized that the most significant limitation in its process was outdated citizenshipshystatus information contained in a person s DAVID record which is only as current as the person s last interaction with DHSMV To obtain the most current and reliable information on a person s citizenship status narrow the list of potential non-citizens on Florida s voter rolls and ensure that persons who have become citizens since their last contact with DHSMV would not be inconvenienced FDOS would need direct access to the SAVE Program FDOS first contacted USeIS regarding access to the SAVE Program on August 1 2011

In April 2012 at the urging of several members of the Executive Board of the Florida State Association of Supervisors of Elections FDOS forwarded a sample of roughly 2700 persons identified as potential non-citizens to Supervisors of Elections for their additional review Because DHS has blocked Florida s access to the SAVE Program FDOS has been unable to send additional information to Supervisors of Elections since April 30 2012


Notice Hearing and Removal Procedures

After receiving information that a registered voter may be ineligible for any reason Florida law (sect 98075(7) Florida Statutes) requires a Supervisor of Elections to take the foHowing actions before any person s nan1e may be considered for removal from the Florida Voter Registration System

1 Initiate notice to the registered voter of his or her potential ineligibility by certified mail return

receipt requested (or by some other means that allows verification of receipt) The notice must

include (by law)

o A statement of basis for ineligibility o A copy of any supporting documentation o A statement that failure to respond within 30 days may result in removal from rolls o A return form that requires voter to admit or deny accuracy of information o A statement that a person denying ineligibility has a right to a hearing o Contact information for the Supervisor of Elections o Instructions for seeking restoration of civil rights (if applicable)

2 Allow voter 30 days to respond (if the Supervisor of Elections receives verification that the

notice was delivered)

3 If the mailed notice is returned as undeliverable publish notice in a newspaper of general

circulation in the county where the voter was last registered

4 Allow voter 30 days to respond after newspaper publication

5 Provide a hearing if requested by a registered voter denying the accuracy of the information

underlying the potential ineligibility

6 Determine eligibility of person based on a preponderance of the information and documentation

before the Supervisor of Elections regarding eligibility or ineligibility

If a registered voter identified as a potential non-citizen has become a citizen at any time before the Supervisor s determination of eligibility the voter shall be deemed eligible for purposes of continuing registration and should not be removed from the rolls

8 If determined ineligible remove voters name from FVRS

9 Send notice to the voter regarding the Supervisor s determination and action

The United States Department of Justice has granted preclearance to Florida s notice hearing and removal process outlined above Florida law also provides a right to appeal the Supervisor s determination of ineligibility to a court Any voter whose name has been removed from the rolls can at any time present evidence that removal was erroneous and be restored to the rolls without having to reshyregister even if the registration period for that election has closed And even on Election Day itself any person who has been removed from the voter rolls is entitled to cast a provisional ballot that will be counted if a preponderance ofthe evidence shows the person was eligible

Florida Has Offered to Provide the Unique Identifiers Required by the SAVE Program

According to the June 12 letter DHS is prepared to grant Florida access to the SAVE Program for voter registration purposes provided Florida complies with the SAVE Program s mandates and conditions For nearly a year Florida has been prepared to comply with all of the generally applicable


conditions of the SAVE Program Nonetheless USCIS has been generally non-responsive and has failed to specifically identify any conditions that Florida has not satisfied These delays have significantly prejudiced Florida s ability to fulfill its legal obligation to verify that its voter registration rolls are current and accurate

The June 12 letter identifies only a single condition that Florida has allegedly failed to meet USCIS claims that Florida has not been able to provide the required information to USCIS needed to verify current status-specifically an alien registration number or other unique identifiers found on immigration documents This is simply incorrect As explained to USCIS several months ago the Florida Department of State has access to the alien registration numbers and immigration-related documents contained in DHSMV s database Indeed DHSMV itself is a registered user of the SAVE Program and uses legal status information to verify eligibility for state drivers licenses Ifthese unique identifiers are sufficient for DHSMV s use of the SAVE Progranl the same information should be sufficient for FDOS s use of the SAVE Program

Moreover by stating that the SAVE Program does not allow verification based on name andor date of birth alone USCIS implies that Florida has offered only those two data fields This too is simply false In addition to the alien registration numbers and other identifiers obtained from DHSMV Florida has specifically offered to provide the following identifying information to USCIS for verification of legal status

bull first name

bull middle name

bull last name bull date of birth bull personal identifying number (Florida driver s license number Florida identification card number

or last 4 digits of the Social Security Number) bull race (where available) bull state or country of birth (where available) bull telephone number (where available) bull residential address (Street AptLotiUnit City County ZIP code) bull mailing address (including StreetPO Box City State ZIP code) and bull signature

FDOS has gone well beyond offering only name andor date of birth to USCIS for verification of the legal status of potential non-citizens Indeed FDOS has offered to provide the very information the USCIS letter now states is sufficient

FDOSs Intended Use of the SAVE Program

If provided access to the SA VE Program FDOS would use the immigration and citizenship-status information contained in the database as an additional check in its secondary review of the records identified through the automated match process After manually confirming the automated identity match FDOS would submit any alien registration number or other unique identifier contained on immigrationshyrelated documents obtained from DHSMV to the SAVE Program

If the SA VE Program indicates that the registered voter associated with the alien registration number remains a non-citizen that information could consistent with law be provided to Supervisors of Elections to initiate the notice hearing and removal procedures outlined above If the SA VE Program indicates that the non-citizen has since become a United States citizen the updated legal-status information would simply be transmitted to DHSMV and-clearly-no action would be taken to remove the voter from the FVRS


Conclusion

Access to the SA VE Program is critical to ensuring that Florida can uphold its legal obligation to maintain a current and accurate voter registration system while at the same time minimizing any inconvenience to eligible voters I respectfully reiterate Floridas request for immediate access to the SAVE Program and a response to this letter no later than June 26 2012

Sincerely

Ken Detzner Secretary of State

cc Alejandro Mayorkas


Exhibit 2


JENNERampBLOCKAugust 3 2012 Jenner amp Block tLI

1099 New York Avenue NWSuite 900Washington DC 2000 iTel 202-639-6000

wwjennercom

ChicagoLos AngelesNew YorkWashington DC

VIA EMAIL AND UPS Marc A GoldmanTel 202 639-6087

Fax 202 661-4849mgoldmanjennercomThe Honorable Ken Detzner

Secretary of StateFlorida Department of Stateco Daniel Elden Nordby EsqAshley Davis EsqRA Gray Building500 South Bronough Street Ste 100Tallahassee FL 32399-0250

RE Arcia v Florida Secretary of State No 12-cv-22282 (SD Fla fied June 192012)

Dear Secretary Detzner

We are writing on behalf of our members constituents clients and ourselves in the above-captioned matter and those similarly situated - ie organizations and individual US citizensregistered to vote in the State of Florida who have been and continue to be effected by the Statessystematic efforts to remove alleged noncitizens from the voting rolls in advance of the August14 and November 6 2012 federal elections to once again notify you of ongoing violations ofthe National Voter Registration Act of 1993 (NVRA) in your State

On May 242012 certain cocounsel in this matter wrote to notify you that the process by whichthe State of Florida was removing voters whom it alleges are noncitizens violates the NVRASpecifically Floridas removal program violates NVRA in two ways First it is a program tosystematically remove ineligible voters from the rolls within 90 days of a federal election as isprohibited by the NVRA See 42 USC sect 1973gg-6(c)(2) Second it has employed a flawedand inaccurate matching system that relies on information contained in the Department ofHighway Safety and Motor Vehicles (DHSMV) database and on juror questionnaires andproduced an egregiously over-inclusive purge list that included numerous duly registered UScitizens In addition to being inaccurate this matching system resulted in the targeting ofLatinos Haitian Americans and other minority voters in Florida in violation ofNVRA Section8(b)( 1) s requirement that any state program to maintain an accurate and current voter roll mustbe uniform nondiscriminatory and in compliance with the Voting Rights Act iexcld sect 1973 gg-

6(b)(l)

Plaintiffs in Arcia v Florida Secretary of State No 12-cv-22282 (SD Fla filed June 192012)have been harmed by Floridas violations of the NVRA described above Individual PlaintiffsKarla Vanessa Arcia and Melande Antione are US citizens and duly registered Florida votersMs Arcia and Ms Antione are Nicaraguan-American and Haitian-American respectively Both


The Honorable Ken DeztnerAugust 32012Page 2

were inaccurately and improperly identified as potential noncitizens by Floridas removalprogram within 90 days of a federal election - ie the August 142012 primary electionOrganizational Plaintiffs Veye Yo Florida Immigrant Coalition Inc National Congress forPuerto Rican Rights Florida New Majority Inc and 1 1995EIU United Healthcare Workers Eastall in accordance with their organizational purposes devote energy and resources to ensuringthat their US-citizen members are able to lawfully exercise their civic and democratic rightsincluding the right to vote As a result of Floridas systematic program to remove allegednoncitizens from the voting rolls in advance of the upcoming federal elections OrganizationalPlaintiffs have been forced to take action to mitigate problems caused by Floridas failures underthe NVRA and to divert resources from their other normal activities to ensure that their membersare not deprived of their voting rights

Since first notifying you in May that Floridas registered voter removal program violates theNVRA Plaintiffs have on multiple other occasions expressed their concern over the ongoingunlawful nature of the program including by filing the above-captioned case on June 192012at a status hearing before the United States District Court for the Southern District of Florida onJuly 232012 and by letter on July 272012

Although Plaintiffs have thus already provided notice of Floridas violations under the NVRA inaccordance with 42 USC sect 1973gg-9(b) with ample time to cure them and despite theapparent futility of doing so again given the First Affrmative Defense pled in your July 122012 Answer and in light of recent reports that Florida intends nevertheless to resume itsprogram to remove noncitizens from its voter rolls Plaintiffs are compelled to again express ourconcerns

It is our understanding from reports in the press that Florida intends to proceed with its programto remove additional voters from the rolls prior to at least the November 62012 generalelection To the extent Florida intends to seek to conduct a program to remove voters from theStates rolls based on their alleged noncitizenship prior to the August 142012 primary electiondoing so wil violate the NVRAs prohibition on systematic purges within 90-days of a federalelection As the deadline for completing any such voter removal program in advance of theNovember 6 general election is August 8 2012 any actions the State takes to systematicallyremove voters from the rolls after date wil also violate the NVRA See 42 USC sect 1973gg-6( c )(2)(A) (A State shall complete not later than 90 days prior to the date of a primary orgeneral election for Federal offce any program the purpose of which is to systematicallyremove the names of ineligible voters from the offcial lists of eligible voters )

Additionally in light of reports that Florida is in negotiations with the US Department ofHomeland Security to finalize the terms ofthe States access to DHS Systematic AlienVerification for Entitlements (SA VE) database Plaintiffs hereby notify you of their belief thatuse of this database wil not cure the violations under Section 8(b)(1) of the NVRA identified inour letter of May 24 but instead wil itself constitute a violation It is our understanding that toutilize the SAVE database in a voter removal program Florida must first prepare a list of allegednoncitizen registered voters To the extent such a list is prepared by matching names of


The Honorable Ken DeztnerAugust 3 2012Page 3

registered voters with information contained in the DHSMV database or on juror questionnaires

Plaintiffs believe the program wil inevitably run afoul of the NVRAs requirement that voterremoval programs be uniform nondiscriminatory and in compliance with the Voting Rights Act 42 USC sectsect 1973gg-6(b)(1) as well as Section 2 of the Voting Rights Act id sect 1973Should Florida instead seek to develop a preliminary list of alleged noncitizens to compare withthe SA VE database through other means Plaintiffs do not believe it possible that any suchaction taken this close to the Election could be completed in a nondiscriminatory fashion withthe level of accuracy and reasonableness required by the NVRA

Plaintiffs therefore submit this supplemental letter to provide you with further notice of acontinuing violation of the NVRA - expressly including systematic efforts to remove non-citizens going forward As you are no doubt aware Congress enacted the NVRA for the expresspurpose of reinforcing the right of qualified citizens to vote by reducing the restrictive nature ofvoter registration requirements See 42 USc sect 1973gg(a) (b) The voter removal program thatFlorida has recently pursued and the one with which the State has indicated it wil proceed priorto the coming general election are inconsistent with this stated purpose as well as with thespecific provisions of the Act identified above We therefore respectfully request that asFloridas Secretary of State you take action to remedy the harms incurred as a result of the voterremoval program and stop any future NVRA violations within 20 days of the date of this letterAs we informed your counsel Mr Daniel Nordby at the July 23 status hearing in this matterPlaintiffs intend to amend their Complaint and to continue to prosecute their claims to ensurethat all duly registered voters in the State of Florida are permitted to exercise their right to voteon Election Day We appreciate your cooperation and thank you for your prompt attention tothis matter

Sincerely~~~Marc A GoldmanPartner

Catherine M FlanaganProject Vote1350 I Street NW Ste 1250Washington DC 20005

Katherine Cullton-GonzalezAdvancement Project1220 L Street NW Ste 850Washington DC 20005

Ben HovlandFair Elections Legal Network1825 K Street NW Ste 450Washington DC 20006

Katherine Roberson-Young3000 Biscayne Blvd Ste 212Miami FL 33137



Diana Sen

LatinoJustice PRLDEF99 Hudson Street 14th FloorNew York NY 10013

Veye Yo

Florida Immigrant Coalition Inc

Florida New Majority IncJ Gerald Hebert191 Somervelle Street 415Alexandria VA 22304

John De LeonChavez amp De Leon5975 Sunset Drive Ste 605South Miami FL 33143






Plaintiffs


Defendant

AMENDED COMPLAINT

Plaintiffs KARLA VANESSA ARCIA an individual MELANDE ANTOINE an

individual VEYE YO a civic organization based in Miami-Dade County FLORIDA

IMMIGRANT COALITION INC a Florida non-profit corporation NATIONAL CONGRESS

FOR PUERTO RICAN RIGHTS a Pennsylvania non-profit corporation FLORIDA NEW

MAJORITY INC a Florida not for profit corporation and 1199SEIU UNITED

HEALTHCARE WORKERS EAST a labor union (collectively ldquoPlaintiffsrdquo) bring this action

seeking a declaratory judgment and injunctive relief against Defendant KEN DETZNER in his

official capacity as Florida Secretary of State (ldquoDefendantrdquo) and aver as follows

Case 112-cv-22282-WJZ Document 44-1 Entered on FLSD Docket 08222012 Page 1 of 35

2

NATURE OF THE CASE

1 Plaintiffs are individuals and organizations whose rights and the rights of their

members are affected by the program instituted by the Florida Department of State (ldquoDOSrdquo) to

carry out a systematic purge of alleged non-citizens from the Florida voter rolls

2 In April 2012 DOS initiated a program known as ldquoProcessing Ineligible

Registered Voters ndash Non-Immigrantsrdquo (the ldquoProgram to Purge Alleged Non-Citizensrdquo) DOS

had to date collected a list containing more than 180000 names of alleged lsquopotential non-

citizensrsquo (the ldquo180000-person listrdquo) To initiate the Program to Purge Alleged Non-Citizens

DOS sent a sample of the 180000-person list containing approximately 2625 names (the

ldquoInitial Purge Listrdquo) to Floridarsquos Supervisors of Elections DOS further provided Florida

Supervisors of Elections with direction as to how to review and use this list to determine the

eligibility of currently-registered voters In particular DOS instructed Supervisors of Elections

to review existing voter files and further conduct additional research using ldquowhatever other

sources [Supervisors of Elections] have to confirm identity and potential change in legal statusrdquo

DOS further instructed that once a Supervisor of Elections found ldquoinformation credible and

reliablerdquo to support the determination that a registered voter was a non-citizen they should

initiate notice of this conclusion first via certified mail and second via publication if necessary

Several Supervisors of Elections began implementing this program by sending notices containing

allegations of non-citizenship and some Supervisors of Elections actually purged voters from the

registration rolls

3 Following press reports exposing the shockingly low accuracy rate of the Initial

Purge List and demands from the United States Department of Justice and private litigants that

Florida cease its purge efforts DOS temporarily suspended the Program to Purge Alleged Non-

Citizens It did not however remedy the ongoing effects of its past actions It announced that it


3

intended to continue the purge later using a different method In particular Defendant

announced that DOS was awaiting a determination from the United States Department of

Homeland Security (ldquoDHSrdquo) regarding the Statersquos requested access to DHSrsquos Systematic Alien

Verification for Entitlements (ldquoSAVErdquo) database DOS stated that if granted access to the

SAVE database it would use the information contained in that database to continue its Program

to Purge Alleged Non-Citizens DOS admitted that its own information was outdated and

without the information provided by SAVE individuals who are naturalized citizens but who

were included on the Initial Purge List would be inconvenienced and potentially even

incorrectly purged from the voter rolls and unable to vote in Floridarsquos upcoming Federal

elections

4 On information and belief Defendant received word from DHS on July 9 2012

that Florida would have access to the SAVE database following the entry of a Memorandum of

Agreement (ldquoMOArdquo) between DOS and DHS DOS and DHS executed an MOA on August 14

2012 thus DOSrsquos resumption of the purge is imminent The Program to Purge Alleged Non-

Citizens both as initially established and as currently planned violates Plaintiffsrsquo rights under

the Voting Rights Act the National Voter Registration Act (ldquoNVRArdquo) and Florida state law

Plaintiffs are seeking a judicial declaration (1) that the Program to Purge Alleged Non-Citizens

violates Section 2 of the Voting Rights Act (ldquoVRArdquo) 42 USC sect 1973 because it results in

persons of color and members of language minority groups who are US citizens having ldquoless

opportunity than other members of the electorate to participate in the political process and to

elect the representatives of their choicerdquo (2) that the Program to Purge Alleged Non-Citizens

violates Section 8(b)(1) of the National Voter Registration Act of 1993 (ldquoNVRArdquo) 42 USC

sect 1973gg-6(b)(1) and Fla Stat sect 98075(1) both of which provide that any State program or


4

activity designed to ensure the maintenance of accurate and current voter registration rolls ldquoshall

be uniform nondiscriminatory and in compliance with the Voting Rights Act of 1965rdquo and (3)

that the Program to Purge Alleged Non-Citizens violates Section 8(c)(2)(A) of the NVRA 42

USC sect 1973gg-6(c)(2)(A) which prohibits the systematic purging of eligible voters from the

official voter list for the State of Florida within 90 days before the date of a primary or general

election for Federal office Plaintiffs additionally seek a preliminary and permanent injunction

ordering Defendant to discontinue the Program to Purge Alleged Non-Citizens and take the

necessary actions to remedy past harms and prevent future harms caused by the Program to

Purge Alleged Non-Citizens described in their Prayer for Relief infra

JURISDICTION AND VENUE

5 This Court has jurisdiction over the subject matter of this action pursuant to 28

USC sect 1331 as a case arising under the laws of the United States under 28 USC

sect 1343(a)(3) and (4) as a case seeking equitable and other relief pursuant to an act of Congress

providing for the protection of the right to vote and under 42 USC sect 1983 as a case seeking to

enforce rights and privileges secured by the laws of the United States and under 42 USC

sect 1973(d) and (f) In light of Floridarsquos history of engaging in racially discriminatory voting

practices including the discriminatory purges of eligible voters and taking other actions that

have compromised its citizensrsquo fundamental right to vote and due to the likelihood that the State

will continue to take steps to cause irreparable harm to valid and legitimate voters by illegally

and discriminatorily purging them it is imperative that this Court hear and consider this action

42 USC sect 1983 authorizes suits for the deprivation of a right secured by the Constitution or the

laws of the United States caused by a person acting under the color of state law

6 The Voting Rights Act of 1965 states that ldquoWhenever any person has engaged or

there are reasonable grounds to believe that any person is about to engage in any act or practice


5

prohibited by section 1973 1973a 1973b 1973c 1973e 1973h 1973i or subsection (b) of this

section the Attorney General may institute for the United States or in the name of the United

States an action for preventive relief including an application for a temporary or permanent

injunction restraining order or other order[]rdquo 42 USC sect 1973j(d) This provision has been

held to authorize suits by private parties such as Plaintiffs here See Allen v State Board of

Elections 393 US 554-557 fn 18 (1969)

7 Section 11(b) of the NVRA 42 USC sect 1973gg-9(b) creates a private right of

action for parties who are aggrieved by a violation of the Act

8 This Court has jurisdiction over the pendent state law claims pursuant to 28

USC sect 1367(a)

9 Venue is proper in this District because a substantial portion of the violations and

harms complained of herein occurred or will occur in this District

PARTIES

10 Plaintiff KARLA VANESSA ARCIA1 (ldquoMs Arciardquo) is an individual and a

resident of Miami-Dade County Florida Ms Arcia is a citizen of the United States of America

and a qualified and legally registered Florida voter Ms Arcia is Nicaraguan-American As set

forth more fully below Ms Arciarsquos rights have been and will continue to be adversely affected

by the Program to Purge Alleged Non-Citizens

11 Plaintiff MELANDE ANTOINE (ldquoMrs Antoinerdquo) is an individual and a resident

of Miami-Dade County Florida Mrs Antoine is a citizen of the United States of America and a

qualified and legally registered Florida voter Mrs Antoine is Haitian-American As set forth

1 Plaintiffs Arcia and Antoine may at times be referred to collectively as ldquoIndividual Plaintiffsrdquo


6

more fully below Mrs Antoinersquos rights have been and will continue to be adversely affected by

the Program to Purge Alleged Non-Citizens

12 Plaintiff VEYE YO2 (ldquoVEYE YOrdquo) is a Miami-Dade County-based civic

organization that is affiliated with the Haitian-American Grassroots Coalition It has an office in

Miami-Dade County Florida and individual members throughout South Florida VEYE YOrsquos

primary purposes are to empower Haitian-American citizens who are engaged in civic and

democratic endeavors and to assist members of the Haitian-American community in identifying

and articulating issues of concern including voting rights issues VEYE YO is an organization

dedicated to increasing the prominence and participation of Haitian-Americans in every aspect of

the political process To achieve this goal VEYE YO facilitates naturalization classes registers

voters and engages in voter education and voter mobilization efforts Defendantrsquos unlawful

practices have frustrated VEYE YOrsquos mission as VEYE YO has been required to expend

resources to locate members who have been unlawfully purged or who received letters

questioning their eligibility to vote to educate its members about Defendantrsquos unlawful practices

and to combat them at the expense of its regularly-conducted programsactivities Moreover

VEYE YO has individual members who have been adversely affected by the Program to Purge

Alleged Non-Citizens

13 Plaintiff FLORIDA IMMIGRANT COALITION INC (ldquoFLICrdquo) is a Florida

non-profit corporation with its principal office in Miami-Dade County Florida and member

organizations located throughout the State of Florida Central to FLICrsquos stated mission is the

integration of immigrants into the civic and cultural life of Americarsquos communities In

2 Plaintiffs Veye Yo Florida Immigrant Coalition Inc National Congress for Puerto Rican

Rights Florida New Majority Inc and 1199SEIU United Healthcare Workers East may at times be referred to collectively as ldquoOrganizational Plaintiffsrdquo


7

conjunction with the National Partnership for New Americans in early 2012 FLIC launched an

initiative ldquoFlorida New Americansrdquo aimed at providing opportunities of full integration for

Floridarsquos largest immigrant communities through a citizenship program that includes citizenship

clinics and naturalization classes all with the goal of advancing immigrant rights and creating

active citizenship among new Americans to achieve a vibrant just and welcoming democracy

for all Defendantrsquos unlawful practices have frustrated FLICrsquos mission and have forced it to

divert its scarce resources to combat Defendantrsquos unlawful practices at the expense of its

regularly-conducted programsactivities

14 Plaintiff the NATIONAL CONGRESS FOR PUERTO RICAN RIGHTS

(ldquoNCPRRrdquo) is a Pennsylvania non-profit corporation and membership organization founded in

1981 and dedicated to securing full equality for Puerto Ricans living in the United States through

advocacy education and participation in the political process NCPRR has chapters across the

United States including Central and Southern Florida These chapters are actively involved in

safeguarding Puerto Rican and Hispanic voting rights and ensuring the political access of Puerto

Ricans and Haitian Americans in Florida NCPRRrsquos members are mainly comprised of Puerto

Ricans and other Hispanics who are concerned about civic participation including voting rights

NCPRRrsquos Florida members stand to be disenfranchised by Defendantrsquos unlawful practices

which include inaccurate name matching that has already resulted in native-born United States

citizens being targeted based on improper discriminatory factors NCPRRrsquos mission is frustrated

by Defendantrsquos unlawful voter-purge practices and NCPRR has had to divert resources to

combat Defendantrsquos unlawful practices

15 Plaintiff FLORIDA NEW MAJORITY INC (ldquoFNMrdquo) is a Florida non-profit

corporation and membership organization with its principal office in Miami-Dade County


8

Florida Founded in 2009 FNM is dedicated to organizing educating and mobilizing

disempowered communities in Florida to win equity and fairness throughout the State FNMrsquos

central focus is to expand democracy and develop the leadership of underrepresented

communities To achieve its goal FNM works with citizens who are engaged in civic and

democratic endeavors and assists members of its target communities in identifying and

articulating issues of concern including voting rights issues Defendantrsquos unlawful practices

have frustrated FNMrsquos mission FNM has been required to expend resources (1) to locate

members who have been unlawfully purged andor (2) to educate its members about Defendantrsquos

unlawful practices in order to combat them at the expense of its regularly-conducted

programsactivities FNM has individual members who have been affected by the Program to

Purge Alleged Non-Citizens

16 Plaintiff 1199SEIU UNITED HEALTHCARE WORKERS EAST (ldquo1199SEIUrdquo)

is a labor union that represents 25000 healthcare workers as well as an additional 7400 retired

members in the State of Florida 1199SEIU has members in 43 out of the 67 counties in Florida

including but not limited to the counties in this District as well as Collier Lee Hillsborough

and Hendry Counties Many of 1199SEIUrsquos members are registered to vote or have sought to

register to vote 1199SEIU has devoted significant time energy and resources to making sure its

members and their families co-workers and community members are registered to vote and is

committed to ensuring that every Floridian who is a United States citizen has the right to vote

and the opportunity to exercise that right Voter registration education and engagement are

central to 1199SEIUrsquos mission as reflected in its financial and personnel commitments and in

the Service Employee International Unionrsquos mission statement ldquoWe must build political power

to ensure that workersrsquo voices are heard at every level of government to create economic


9

opportunity and foster social justicerdquo Some of 1199SEIUrsquos members including Ms Arcia and

Mrs Antoine are United States citizens who were adversely affected by the Program to Purge

Alleged Non-Citizens Defendantrsquos unlawful practices frustrate 1199SEIUrsquos mission and require

it to expend its limited resources investigating and taking measures to counteract the Program to

Purge Alleged Non-Citizens thus diverting resources from its planned voter registration and

education activities

17 Defendant KEN DETZNER is the Secretary of State for the State of Florida and

is being sued in his official capacity Pursuant to Fla Stat sect 92012 Floridarsquos Secretary of State

is the chief elections officer of the State and is therefore responsible for administration of state

laws that affect voting and for ensuring that elections in Florida are conducted according to law

Additionally he is responsible for coordinating Floridarsquos responsibilities under the NVRA

STATEMENT OF FACTS AND LAW

I The State of Floridarsquos Program to Purge Alleged Non-Citizens

18 In a press release dated May 9 2012 (the ldquoPress Releaserdquo) Defendant announced

that the DOS was partnering with the Florida Department of Highway Safety and Motor Vehicles

(ldquoDHSMVrdquo) ldquoto identify non-citizens who are currently on Floridarsquos voter rollsrdquo (emphasis

added) In the Press Release Defendant asserted that the new initiative ldquois already proving to be

successful DOS sent the information of more than 2600 potential non-citizens to Floridarsquos 67

Supervisors of Elections for review and if warranted removal from Floridarsquos voter rollsrdquo

(emphasis added)

19 According to the Press Release the Program to Purge Alleged Non-Citizens arose

after the DOS and DHSMV began working together to develop a way to identify non-citizens in

early 2011 following ldquoa credentialing project led by DHSMV which informed DOS of the

potential to identify non-citizens in DHSMVrsquos database which requires anyone getting a new


10

driverrsquos license or renewing a driverrsquos license or state ID card to submit documentary proof of

his or her legal statusrdquo

20 The Press Release further alleged that

When DOS receives information from DHSMV indicating that a registered voter may not be a United States citizen DOS conducts an initial investigation to determine whether the information identifying a voter as potentially ineligible is credible and reliable This preliminary investigation includes a cross-reference of all files against the Comprehensive Case Information System DHSMV Department of Corrections Florida Parole Commission and Immigration and Customs Enforcement (ICE) databases in order to assist supervisors of elections in the removal process by providing the most accurate documentation available Additionally DOS is actively seeking access to federal Department of Homeland Security databases such as SAVE (Systematic Alien Verification for Entitlements) for further verification of immigration status

(Emphasis added)

A The Initial Purge List

21 On or about April 2 2012 Defendant sent approximately 2625 names with

accompanying identifying information for persons whom Defendant claimed were potential non-

citizens to each of the Supervisors of Elections in Floridarsquos 67 counties including the

Supervisors of Elections for Palm Beach Broward Miami-Dade and Monroe Counties

22 The Initial Purge List included columns with each personrsquos name date of birth

voter identification number and a column titled ldquoLAST DHSMV TRANSACTIONrdquo purporting

to set forth each personrsquos last DHSMV visit

23 Thereafter in mid-April of 2012 Defendant published a Webinar (the ldquoWebinarrdquo)

directing the Supervisors of Elections to review the file information provided on the Initial Purge

List and ldquoconduct any additional researchrdquo (the ldquoAdditional Researchrdquo) described as follows

Refer to whatever other sources you have to confirm identity and potential change in legal status You should all have access to


11

DHSMVrsquos DAVE [the Driver and Vehicle Express System] If you find information credible and reliable proceed

(Emphasis added)

24 The Webinar stated that persons had been placed on the Initial Purge List as a

result of positive identification that had been made by matching three out of five fields in the

DHSMV database including first name last name and birth date (for example ldquoJohnrdquo and

ldquoSmithrdquo and a specific date of birth) This matching system was severely flawed and as several

media reports have indicated resulted in naturalized citizens and citizens born in the United

States ending up on the Initial Purge List including a World War II veteran who was born in

Brooklyn New York and a woman of Puerto Rican descent who was born in New York City

25 The Webinar indicates that the Federal REAL ID law requiring proof of

immigration status at the time of securing a driverrsquos license or state identification has not yet

been fully implemented in Florida and illustrates that changes in legal immigration status

including naturalization may not be included in the DHSMV database

26 After completing the Additional Research the Supervisors of Elections were

instructed by Defendant to carry out the procedures of Fla Stat sect 98075(7) for the removal of

voters from the voter rolls This directive was consistent with information contained in the Press

Release wherein Defendant stated as follows

When a supervisor of elections receives information from DOS that a registered voter is a potential non-citizen the supervisor must begin the statutory notice and removal process

(Emphasis added)

27 The Webinar contained a sample notice letter and sample voter eligibility form

that Defendant ldquosuggestedrdquo be sent to the alleged potential non-citizens on the Initial Purge List

The sample notice letter and sample voter eligibility form were provided only in English


12

28 The sample notice advises the recipient that

ldquoThe [_______] County Supervisor of Elections has received information from the Florida Division of Elections that calls into question your eligibility to be registered to vote The information obtained from the Florida Department of Highway Safety and Motor Vehicle (see attached) which lists you as not being a US citizen In Florida only US citizens can register and vote See s 97041 Fla Stat (2011)

Please complete and return the enclosed lsquovoter eligibility formrsquo to the Supervisor of Electionsrsquo office within thirty (30) days of receipt

If you believe we have made a mistake about your identity or citizenship status or you have acquired citizenship since your last interaction with DHSMV please include with the lsquovoter eligibility formrsquo a copy of any document that either shows that you are not the person identified in this letter or that you are a US citizen The following documents are examples of proof of US citizenship US Birth Certificate Passport US Consular Certificate of Birth or US Certificate of Naturalization If your name has changed or you use another name different from that on the document please include a copy of the document showing that name change You also have the right to request a hearing if you deny that the ineligibility information is accurate

You may mail fax or e-mail the voter eligibility form and supporting documentation or you can come in person with that form and any supporting document to the Supervisor of Electionsrsquo office If you fail to respond within thirty (30) days we may determine that you are ineligible and remove your name from the voter registration rolls You will then no longer be eligible to vote

(Emphasis in original)

29 The sample voter eligibility form required voters ldquo[u]nder penalties of perjuryrdquo

to ldquoswear or affirmrdquo either that ldquothe information that I am ineligible is inaccuraterdquo and to request

a hearing or enclose a document in support of eligibility or that ldquothe information that I am

ineligible is accuraterdquo The form further warned ldquoIt is a criminal offense to knowingly make a


13

false statement in writing with the intent to mislead a public official in the performance of his or

her official dutyrdquo

30 The Webinar further advised Supervisors of Elections that they ldquohave authority to

investigate and refer fraudulent registrations or illegal voting to the state attorneyrsquos officerdquo

31 As set forth more fully below the processes and procedures used by the

Supervisors of Elections to verify the eligibility of persons on the Initial Purge List and to deal

with the individuals the Supervisors of Elections determined to be possibly ineligible varied

widely ndash including one county that refused to implement the Program to Purge Alleged Non-

Citizens because of the inaccuracy of the Initial Purge List and at least two counties that not only

implemented the Program to Purge Alleged Non-Citizens but removed persons who did not

respond to the notice andor did not return the voter eligibility form

32 The content of the letter sent by individual Florida county Supervisors of

Elections varied as well For example the form letter sent by Jennifer J Edwards Supervisor of

Elections for Collier County dated May 11 2012 stated that to avoid removal the recipient

must to the bring to Supervisor Edwardsrsquo office the enclosed voter eligibility form along with an

original of any documentation demonstrating citizenship The template notice letter provided in

connection with the Webinar referenced stated that a copy of any documentation could be

mailed faxed to the relevant Supervisorrsquos office

33 The Collier County letter stated

The Collier County Supervisor of Elections has received information from the Florida Division of Elections regarding your citizenship status bringing into question your eligibility as a registered voter

Per Florida law only US Citizens are allowed to register to vote See s 97041 Fla Stat (2012) In addition registering to vote under fraudulent conditions or swearing a false oath are both third degree felonies in Florida See s 104011 Fla Stat (2012)


14

If the information from the Florida Division of Elections is inaccurate regarding your citizenship status or if your citizenship status has recently changed please stop by our main office with any original documentations that demonstrates US citizenship Do not mail these documents You may want to call us prior to visiting our main office Also you may request an administrative hearing with the Supervisor of Elections to prove US citizenship

You must complete the attached Voter Eligibility Form and return it to the Supervisor of Elections Office within 30 days of receipt Failure to submit this form within thirty (30) days will result in the removal of your name from the voter registration rolls and you will no longer be eligible to vote

(emphasis in original)

34 The Initial Purge List proved to be inaccurate obsolete and an insufficient basis

for challenging voters On April 30 2012 DOS suspended the Program to Purge Alleged Non-

Citizens due to its inaccuracies DOS asserted it would resume the program once it received

access to DHSrsquos SAVE database claiming this would allow the State to improve the accuracy of

its Program to Purge Alleged Non-Citizens But the program had already caused ndash and continues

to cause ndash ongoing damage to those who received letters informing them that they were

suspected to be non-citizens and needed to come forward with evidence of citizenship to prevent

them from being removed from the voter rolls as well as to those who were actually removed

from the rolls Defendantrsquos planned resumption of the program will cause further injury to

Plaintiffs and Florida voters as explained herein

35 Pursuant to 42 USC sect 1973gg-9(b) where as here a State is alleged to have

committed acts in violation of the NVRA within 120 days of a Federal election the statute

requires that the State receive notice of that violation at least 20 days prior to the commencement

of a civil lawsuit By letter dated May 24 2012 Plaintiffsrsquo counsel provided Defendant with

written ante litem notice that the Program to Purge Alleged Non-Citizens was in violation of the


15

NVRA To date the violation has not been corrected and the damage caused by that Program to

Purge Alleged Non-Citizens has not been remedied

B The Program to Purge Alleged Non-Citizens Resumes When the State Gains Access to DHSrsquos SAVE Database

36 The SAVE database is a compilation of databases that contains information on

legal immigrants who are issued green cards or visas as well as those that become naturalized

citizens The SAVE database includes unique numeric identifiers for those individuals such as

a personrsquos alien number or number from a Certificate of Naturalization or Certificate of

Citizenship The SAVE database was not designed for the purpose of verifying voter eligibility

and has never been used to retrospectively reexamine the eligibility of registered voters

37 On or around July 9 2012 DHS granted Florida access to the SAVE database

conditioned on the execution of an MOA outlining the appropriate use of the database In a letter

dated July 14 2012 Defendant Detzner indicated that upon execution of the MOA state staff

would be trained on how to access the SAVE database in order to attempt to verify the legal

status of individuals alleged to be non-citizens Defendant Detzner asserted that the State would

use the SAVE database to check the Initial Purge List the results of which would be passed

along to Floridarsquos Supervisors of Elections for ldquoadditional actionsrdquo

38 On information and belief use of the SAVE database will not remedy the

inaccuracy non-uniformity and resulting discriminatory impact of the Program to Purge Alleged

Non-Citizens To the contrary it will cause additional harm

39 By letter dated August 3 2012 Plaintiffsrsquo counsel reiterated its written ante litem

notice that the Program to Purge Alleged Non-Citizens was in violation of the NVRA

Additionally Plaintiffsrsquo counsel explained this violation to Defendantrsquos counsel at both the July

23 2012 status conference held by this Court and the partiesrsquo Federal Rule of Civil Procedure 26


16

meet and confer To date the violation has not been corrected Instead Defendant has made

clear that he intends to go ahead with the Program to Purge Alleged Non-Citizens

40 On August 14 2012 Defendant Secretary of State Ken Detzner stated that Florida

would purge the state voter registry using its access to the SAVE database prior to the November

2012 general election Defendant stated that he will rely upon the DHSMV registry to compile a

potential list of non-citizens apparently similar to the way he initially compiled the flawed lists

of 2625 and 180000 individuals and from there will run that list against the SAVE database

After checking the DHSMV list against the SAVE database Defendantrsquos spokesman Chris Cates

stated that Florida will ldquocontinue to seek out names of non-citizenshelliprdquo Florida Moves Forward

with Voter Purge After Feds Grant Access to Database WFSU Aug 16 2012

httpnewswfsuorgpost florida-moves-forward-voter-purge-after-feds-grant-access-database

II The Program to Purge Alleged Non-Citizens Discriminates Against Florida Voters in Violation of Section 2 of the Voting Rights Act and the National Voter Registration Act

41 The Program to Purge Alleged Non-Citizens which Florida failed to pre-clear as

required by Section 5 of the VRA 42 USC sect 1973c is discriminatory in violation of Section 2

of the VRA

42 Section 2 of the VRA prohibits Florida from applying or imposing any ldquovoting

qualification or prerequisite to voting or standard practice or procedurerdquo which results in denial

or abridgement of the right to vote on account of race or color or membership in a language

minority group 42 USC sect 1973(a)

43 Section 8(b)(1) of the NVRA likewise requires that any state program or activity

designed to ensure the maintenance of an accurate and current voter registration roll must be

ldquouniform nondiscriminatory and in compliance with the Voting Rights Act of 1965rdquo See 42

USC sect1973gg-6(b)(1)


17

44 The United States House of Representatives Report on the NVRA provides that

the term ldquonondiscriminatoryrdquo is intended to mean that the procedure complies with the

requirements of the Voting Rights Act House Report No 103-9 HR REP 103-9 15-16 1993

USCCAN 105 119-20

45 Congress enacted the NVRA in 1993 to ldquoestablish procedures that will increase

the number of eligible citizens who register to vote in elections for Federal officerdquo to ldquomake it

possible for Federal State and local governments to implement [the law] in a manner that

enhances the participation of eligible citizens as voters in elections for Federal officerdquo to

ldquoprotect the integrity of the electoral processrdquo and to ldquoensure that accurate and current voter

registration rolls are maintainedrdquo 42 USC sect 1973gg(b) Underlying the purpose of the NVRA

is Congressrsquo explicit recognition that ldquothe right of citizens of the United States to vote is a

fundamental rightrdquo ldquoit is the duty of the Federal State and local governments to promote the

exercise of that rightrdquo and ldquodiscriminatory and unfair registration laws and procedures can have

a direct and damaging effect on voter participation in elections for Federal office and

disproportionately harm voter participation by various groups including racial minoritiesrdquo Id

sect 1973gg(a)

46 Although Defendant asserts that the Program to Purge Alleged Non-Citizens does

not seek to purge eligible citizens from the voting rolls the statistics tell a vastly different story

Of the 2625 persons initially targeted by Defendant the overwhelming majority of those who

responded to inquiries are United States citizens

47 Miami-Dade Countyrsquos experience is illustrative Of the 1637 persons identified

by Defendant as non-citizens residing in Miami-Dade County 1572 were notified by the Miami-

Dade County Supervisor of Elections that if they did not prove that they were United States


18

citizens within 30 days of the date of the notice they would be removed from the statewide voter

registration system3 Of the 1572 persons who were sent the notice and voter eligibility form in

Miami-Dade a total of 562 responded Of the 562 who responded 514 voters have provided

proof of citizenship and 35 voters responded denying ineligibility but did not provide proof

Only 14 voters responded admitting ineligibility Thus the overwhelming majority of those who

responded 549 out of the 562 or 98 are United States citizens and lawful eligible voters

48 Like those who did respond to the letters there is a great likelihood that many of

those who have not responded are United States citizens and lawful eligible voters as

demonstrated by the experiences of the individual Plaintiffs For example Plaintiff Arcia is a

United States citizen whose name appears on the Initial Purge List and who based on the

procedures created by Defendant was required to be removed from the statewide voter

registration system This is because she did not timely respond to the notice or return the voter

eligibility form because she never received them Thus if Defendantrsquos instructions to the

Supervisors of Elections as set forth in the Webinar are carried out Ms Arcia will be removed

from the statewide voter registration system and disenfranchised

49 Plaintiff Antoine on the other hand did respond to the Notice from the Miami-

Dade County Supervisor of Elections but should never have been on the Initial Purge List in the

first place because she is a United States citizen who is eligible and duly registered to vote

50 Additional unnamed members of Organizational Plaintiffs who are also United

States citizens received notification from their county Supervisors of Elections of their alleged

ineligibility to vote and did not respond On information and belief these individuals may have

3 The Supervisor decided not to mail a notice to 65 persons ldquosince they were duplicate names citizens deceased or registered in another countyrdquo according to the Miami-Dade Supervisor of Electionsrsquo Office


19

failed to respond due to a sense of intimidation or due to the effort required to provide proof of

citizenship On further information and belief many of these individuals likely believe that they

cannot vote in the upcoming general election Whether they have actually been removed from

the rolls these individuals have thus been harmed by DOSrsquos Program to Purge Alleged Non-

Citizens

51 The Defendantrsquos Program to Purge Alleged Non-Citizens will discriminate

against racial and language minorities in Florida who were disproportionately over-represented

on the Initial Purge List Floridarsquos voter registration form includes race identification and the

statersquos racial identification data of the persons on the Initial Purge List clearly demonstrates the

disparate impact of the Program to Purge Alleged Non-Citizens the Initial Purge List itself

shows 61 of the persons on the List are Hispanic 16 of the persons on the List are Black

16 of the persons on the List are White and 5 of the persons on the List are Asian In sum

82 of those on the Initial Purge List are people of color In contrast just 30 of registered

voters in Florida are people of color (14 Hispanic 14 Black 2 Asian) These numbers are

glaringly disproportionate

52 Because county Supervisors of Elections were instructed in the Webinar to

review the immigration status of persons on the Initial Purge List as set forth in the DHSMV

records the Program to Purge Alleged Non-Citizens specifically targets naturalized citizens (as

compared to persons born in the United States) the majority of whom are people of color

(including language minorities) whose rights are protected under Section 2 of the VRA

53 Many persons of color and members of language minority groups in Florida have

suffered and continue to suffer discrimination and bear the effects of that discrimination today

including a history of discrimination and neglect in voting-related activities


20

54 In conducting the Program to Purge Alleged Non-Citizens Defendant has failed

to ensure that all persons of color and members of language minority groups particularly

Haitian-Americans have an equal opportunity to participate in the political process and to elect

the representatives of their choice

55 Plaintiffs are concerned about the curtailment of their communitiesrsquo voting rights

as a result of the Program to Purge Alleged Non-Citizens

56 On information and belief use of the SAVE database will not remedy this injury

The SAVE database is not a universal citizen database many individuals including natural-born

citizens are not included in SAVE Defendant has not identified how many of the individuals on

his Initial Purge List or how many of the individuals removed from the voter rolls can actually

be processed through the SAVE database with the information (including alien registration

numbers and supporting documentation) that is on information and belief required by DHS

procedures Moreover the use of the SAVE database as a final step cannot mitigate the

discriminatory effects of Floridarsquos program To the extent that the Defendant relies upon the

initial discriminatory lists of alleged non-citizens derived from the DHSMV registry any use of

the SAVE database will not alter the flaws of that list the vast majority of individuals filtered

through SAVE and ultimately required to affirmatively prove citizenship will be minorities

57 On further information and belief for the reasons articulated in the foregoing

paragraph use of the SAVE database for the purpose of removing voters from the rolls

particularly this close to the November general election will cause additional injury to

Organizational Plaintiffs the individual registered voters they serve and those similarly situated

To utilize the SAVE database in a voter removal program Florida must first prepare a list of

alleged noncitizen registered voters On information and belief to the extent such a list is


21

prepared by matching names of registered voters with information contained in the DHSMV

database or on juror questionnaires the program will inevitably run afoul of the NVRArsquos

requirement that voter removal programs be ldquouniform nondiscriminatory and in compliance

with the Voting Rights Actrdquo 42 USC sect 1973gg-6(b)(1) as well as Section 2 of the Voting

Rights Act id sect 1973 Should Florida instead seek to develop a preliminary list of alleged

noncitizens to compare with the SAVE database through other means on information and belief

it is not possible that any such action taken this close to the November election could be

completed in a nondiscriminatory fashion with the level of accuracy and reasonableness

required by the NVRA

III Implementation of the Program to Purge Alleged Non-Citizens Lacks Uniformity in Violation of the NVRA and Florida Law

58 Section 8(b)(1) of the NVRA requires that any systematic program to maintain a

statersquos voter rolls must be done with uniformity See 42 USC sect 1973gg-6(b)(1)

59 The term ldquouniformrdquo is intended to mean ldquothat any purge program or activity

must be applied to an entire jurisdictionrdquo House Report No 103-9 H R REP 103-9 15-16

1993 USCCAN 105 119-20 (emphasis added)

60 Floridarsquos procedures for registration list maintenance programs and activities are

set forth in Chapter 98 of the Florida Statutes Section 98075(1) Florida Statutes imposes on

DOS and Defendant the duty to ldquoprotect the integrity of the electoral process by ensuring the

maintenance of accurate and current voter registration recordsrdquo and also provides that list

maintenance activities undertaken by the DOS and Defendant must be ldquouniform


22

nondiscriminatory and in compliance with the Voting Rights Act of 1965 the National Voter

Registration Act of 1993 and the Help America Vote Act of 2002rdquo See Fla Stat sect 98075(1)4

61 Moreover Section 98075(1) states that the DOS ldquomay adopt by rule uniform

standards and procedures to interpret and administer this sectionrdquo See Fla Stat sect 98075(1)

(emphasis added)

62 The Program to Purge Alleged Non-Citizens is not uniform in either design or

implementation First as set forth above of the approximately 2625 persons on the Initial Purge

List 1637 were identified by Defendant as being from Miami-Dade County This means that

61 of the persons on the Purge List are from one county ndash Miami-Dade

63 Moreover the implementation of the Program to Purge Alleged Non-Citizens has

varied widely by county For example the Palm Beach County Supervisor of Elections

completely refused to implement the Program to Purge Alleged Non-Citizens Other counties

including Broward and Monroe have sent out notices on voter eligibility but have indicated that

they likely would not remove persons who did not respond Similarly the Supervisor of

Elections of Miami-Dade County for her part sent out letters to those on the Initial Purge List

but informed Defendant that she ldquohas chosen to exercise her discretion under state law and will

not remove any voters (other than those whose ineligibility has been demonstrated by the

evidence) until the State has the opportunity to review the remaining voters against current

credible and reliable data sourcesrdquo Collier and Lee Counties have fully implemented the

Program to Purge Alleged Non-Citizens and have in fact removed from the statewide voter

4 Section 98065(1) Florida statutes imposes the same requirement on the Supervisors of Elections Moreover Section 98075(7) sets up procedures for removal to which the Supervisors of Elections must adhere ldquoprior to the removal of a registered voterrsquos name from the statewide voter registration systemrdquo See Fla Stat sect 98075(7)


23

registration system voters who failed to respond to the notices and did not return the voter

eligibility forms

64 Further the Program to Purge Alleged Non-Citizens is not uniform because the

DHSMV database upon which it relies is an outdated inaccurate and unreliable source of

information about citizenship because it does not capture or verify the use of citizenship

information to administer driver licenses

65 On information and belief the Program to Purge Alleged Non-Citizens

disproportionately impacts newly-naturalized citizens as well as Hispanic Black Asian-

American and other minority voters Use of the SAVE database will not remedy this

disproportionate impact but will rather cause further injury to eligible Florida voters for the

reasons described above

IV Implementation of the Program to Purge Alleged Non-Citizens Within 90 Days Prior to 2012 Federal Election Dates Violates the NVRA

66 Section 8(c)(2)(A) of the NVRA requires that the State of Florida ldquocomplete not

later than 90 days prior to the date of a primary or general election for Federal office any

program the purpose of which is to systematically remove the names of ineligible voters from the

official list of eligible votersrdquo 42 USC sect 1973gg-6(c)(2)(A)

67 The prohibition on systematic purges within 90 days of an election is central to

the NVRArsquos goals of protecting against possible disenfranchisement of eligible voters while

ensuring accurate and current voter registration rolls The House Report on the NVRA revised

concerns about programs that systematically remove ineligible voters from the official list of

eligible voters ldquoThe Committee is concerned that such programs can be abused and may

result in the elimination of names of voters from the rolls solely due to their failure to respond

to a mailing Abuses may be found in the design of a program as well as in its


24

implementationrdquo House Report No 103-9 HR REP 103-9 15-16 1993 USCCAN 105

119-20 (emphasis added) It is difficult for voters to identify and correct the errors of a

systematic purge in the short 90 day time frame Moreover a system-wide purge generates

system-wide confusion that renders it less likely that election officials will have the time

necessary to correct erroneous removals Section 8(c)(2)(B) prohibits states from conducting

within the 90 day period ldquoany program the purpose of which is to systematically remove the

names of ineligible votershelliprdquo The unequivocal language of this provision bans any and every

systematic program other than the removals specifically exempted The NVRA establishes

clear enumerated exceptions to the 90-day prohibition A state may only remove from the list

registered persons who fall into one of four categories those who request to be removed those

ineligible because of criminal conviction those ineligible because of mental incapacity and

those who have died 42 USC sect 1973gg-(6)(c)(2)(B) The NVRA accomplishes this by

placing outside the prohibitionrsquos ambit the categories of removals enumerated in 42 USC

sect 1973gg-(6)(c)(3)(A) and (B) or (4)(A) and (B)

68 Importantly the removal of alleged non-citizen voters is not one of the

enumerated exceptions to the NVRArsquos 90-day prohibition During the debates on the NVRA

Senator Mitch McConnell proposed an amendment that would have expanded the exceptions to

the proscription against removal of voters from the rolls during the 90-day period See 139

Cong Rec 2960 (Mar 16 1993) (Amendment No 100) 139 Cong Rec 2970 (Amendment No

141) and 139 Cong Rec 3066 (Mar 17 1993) (Amendment No 169) Cf 42 USC sect1973gg-

6(a)(3) (2010) That amendment was not adopted

69 Such legislative history supports the previously delineated expressio unius

argument that ldquo[w]here Congress explicitly enumerates certain exceptions to a general


25

prohibition additional exceptions are not to be impliedrdquo Andrus v Glover Constr Co 446 US

608 616-17 (1980)

70 The primary election in Florida was held on August 14 2012 Ninety (90) days

before the August 14 primary election was May 16 2012 The Federal general election in

Florida as elsewhere is November 6 2012 Ninety (90) days before the November 6 election

was August 8 2012

71 On information and belief the majority of voters who were purged based on the

Initial Purge List were removed after May 16 2012 and thus were purged within 90 days of the

primary election On information and belief the majority of voters on the Initial Purge List who

were notified of their purported need to prove they were citizens were instructed that their

deadline to return the voter eligibility forms was after May 16 2012 Moreover assuming that

Defendant followed the requirements of Section 48075(7) Florida Statutes no voter on the

Initial Purge List could possibly have been removed in accordance with those procedures until

after May 16 2012 But by that time had these procedures been followed such removal would

have necessarily violated the NVRA because it would had to have taken place after May 16

2012 Defendantrsquos plan to continue the Program to Purge Alleged Non-Citizens will result in

systematic removal of additional voters within 90 days of the general election At this point

there are fewer than 90 days before the November 6 2012 Federal election Accordingly any

notification sent to voters after May 16 2012 including future notices based on the SAVE

databases stating that the State has flagged them as potentially ineligible based on the SAVE

database will at this point violate the NVRA

72 Defendant has not disputed the timelines set forth above However despite the

NVRArsquos ban on systematic purges within the 90 days prior to an election as set forth above


26

Defendant instructed the Supervisors of Elections to continue to carry out the Program to Purge

Alleged Non-Citizens as it was initially construed by reviewing the Initial Purge List within 90

days of the primary conducting Additional Research sending out notices and voter eligibility

forms and removing voters under Fla Stat sect 98075(7) Similarly Defendant has stated

publicly that he plans a systematic purge targeting additional voters based on use of the SAVE

database within 90 days of the general election

73 Defendant has sought to excuse these actions by creating a new exception to

Section 8(c)(2)(A) that allows removals of alleged noncitizens within the 90 day period

Defendant is wrong As explained above the provision prohibits ldquoany program hellipto

systematically removerdquo ineligible voters from the roll Removal of alleged non-citizen voters is

not an enumerated exception to the NVRArsquos 90-day provision

COUNT I

DECLARATORY JUDGMENT PURSUANT TO 28 USC sect 2201 SECTION 2 OF THE VOTING RIGHTS ACT 42 USC sect 1973

74 Plaintiffs incorporate Paragraphs 1 through 73 above

75 This is an action for declaratory relief pursuant to 28 USC sect 2201 (the

ldquoDeclaratory Judgment Actrdquo) Plaintiffs seek a declaration that the Program to Purge Alleged

Non-Citizens violates Section 2 of the Voting Rights Act 42 USC sect 1973 which prohibits

Defendant from imposing any ldquovoting qualification or prerequisite to voting or standard

practice or procedurerdquo that results in a denial or abridgement of the rights of United States

citizens namely Hispanics and Blacks to vote 42 USC sect 1973

76 There is a bona fide actual present practical need for the requested declaration

The Program to Purge Alleged Non-Citizens has resulted ndash and will result ndash in United States

citizens namely persons of color or members of language minority groups having ldquoless


27


elect the representatives of their choicerdquo 42 USC sect 1973

77 Defendant has or reasonably may have actual present adverse and antagonistic

interests related to the ongoing effects of his past actions as well as his planned additional

actions He has repeatedly advised of its intent to continue the Program to Purge Alleged Non-

Citizens despite the admitted flaws in his previous purge efforts Moreover Defendant has to

date failed to take or even agreed to take any meaningful steps to adequately remedy his past

actions

COUNT II

DECLARATORY JUDGMENT PURSUANT TO 28 USC sect 2201 SECTION 8(C)(2)(A) OF THE

NVRA 42 USC sect 1973GG-6(B)(1) AND FLA STAT sect 98075(1)


79 The Program to Purge Alleged Non-Citizens is inaccurate and unreliable and

therefore violates Section 8(b)(1) of the NVRA as well as Section 98075(1) Florida Statutes

80 This is an action for declaratory relief pursuant to the Declaratory Judgment Act

Plaintiffs seek a declaration that the Program to Purge Alleged Non-Citizens violates Section

8(b)(1) of the NVRA 42 USC sect 1973 42 USC sect 1973gg-6(b)(1) and Section 98075(1)

Florida Statutes with the latter two provisions both providing that any State program or activity

designed to ensure the maintenance of accurate and current voter registration rolls ldquoshall be

uniform nondiscriminatory and in compliance with the Voting Rights Act of 1965[]rdquo

81 There is a bona fide actual present practical need for the requested declaratory

relief The Program to Purge Alleged Non-Citizens is not uniform has been discriminatory

applied against minority voters namely persons of color and language minority persons and has

disproportionately impacted lawful eligible minority voters including Plaintiffs herein


28

Moreover the Program to Purge Alleged Non-Citizens disenfranchises the minority communities

that Organizational Plaintiffs serve and thus frustrates the missions of Organizational Plaintiffs

and forces them to divert their resources to combat the Program to Purge Alleged Non-Citizens

82 Defendant and his employees and agents lack adequate rules and procedures

governing the conduct of programs and activities to maintain an accurate and current voter

registration roll that are uniform nondiscriminatory and in compliance with the Voting Rights

Act and the NVRA

83 Defendant and his employees and agents have failed to enforce substantive

standards or provide adequate training to ensure that agents employees and representatives of

DOS make a reasonable effort to conduct programs and activities to maintain an accurate and

current voter registration roll that are uniform nondiscriminatory and in compliance with the

Voting Rights Act After they temporarily suspended the Program to Purge Alleged Non-

Citizens for example they failed to instruct the Supervisors of Elections to take any steps to

correct or offset the effects of the illegal actions that had already been taken under that program




Citizens Moreover Defendant has to date failed to take or even agreed to take any meaningful

steps to adequately remedy his past actions

85 Unless and until ordered to cease doing so by this Court Defendant and his

employees or agents will continue to fail to conduct adequate programs and activities to maintain

an accurate and current voter registration roll that are uniform and non-discriminatory in


29

accordance with Section 8(b) of the NVRA 42 USC sect 1973 42 USC sect 1973gg-6(b) and

Section 98075(1) Florida Statutes

COUNT III

DECLARATORY JUDGMENT PURSUANT TO 28 USC sect 2201 SECTION 8(C)(2)(A) OF THE NVRA 42 USC sect 1973GG-6(C)(2)(A)




8(c)(2)(A) of the NVRA 42 USC sect 1973gg-6(c)(2)(A) which bars systematic purges within

90 days of an election except in limited and specific circumstances not found here


The Program to Purge Alleged Non-Citizens deprives eligible voters including Individual

Plaintiffs of their rights under the NVRA The Program to Purge Alleged Non-Citizens also

disenfranchises the communities that Organizational Plaintiffs serve and thus frustrates the

missions of Organizational Plaintiffs



actions He has repeatedly confirmed his intent to continue the Program to Purge Alleged Non-



COUNT IV

INJUNCTIVE RELIEF



30

91 42 USC sect 1983 provides for equitable relief for the deprivation of a right

secured by the Constitution or the laws of the United States caused by a person acting under the

color of state law Additionally the Voting Rights Act authorizes Plaintiffs to seek injunctive

relief to prevent violations of Section 2 of the Voting Rights Act See 42 USC sect 1973j(d)

Section 11(b)(2) of the NVRA 42 USC sect 1973gg-9(b)(2) provides for injunctive relief to

redress a violation of the NVRA

92 Plaintiffs have a strong likelihood of suffering irreparable and substantial harm as

a result of the Program to Purge Alleged Non-Citizens Unless this Court requires Defendant to

undertake certain steps to offset the continuing effects of the actions that Defendant already took

as part of the Program to Purge Alleged Non-Citizens lawful eligible voters will remain

removed from the voter registration rolls and disenfranchised in future elections others will

remain under the misimpression that they have been removed from the rolls and members of

Organizational Plaintiffs will be denied their fundamental right to vote Specifically Defendants

should be ordered to place purged voters back on the rolls to instruct voters who received letters

that they remain eligible to vote and to conduct training to ensure compliance with Federal and

Florida law with respect to removal of voters from the rolls In addition unless this Court

enjoins Defendantrsquos planned systematic removal of additional voters more eligible voters will be

removed from the rolls between now and the November election

93 The public interest weighs strongly in favor of letting every lawful eligible voter

exercise the right to vote

PRAYER FOR RELIEF

WHEREFORE Plaintiffs request that the Court enter a judgment declaring that


31

(a) the Program to Purge Alleged Non-Citizens violates Section 2 of the Voting

Rights Act 42 USC sect 1973 because it has resulted and will result in

United States citizens namely persons of color and language minority persons

having ldquoless opportunity than other members of the electorate to participate in

the political process and to elect the representatives of their choicerdquo

(b) the Program to Purge Alleged Non-Citizens violates Section 8(b)(1) of the

NVRA 42 USC 1973gg-6(b) and Section 98075(1) Florida Statutes both

of which provide that any State program or activity designed to ensure the

maintenance of accurate and current voter registration ldquoshall be uniform

nondiscriminatory and in compliance with the Voting Rights Act of 1965[]rdquo

(c) the Program to Purge Alleged Non-Citizens violates Section 8(c)(2)(A) of the

NVRA 42 USC sect 1973gg-6(c)(2)(A) which bars systematic purges within

90 days of an election except in limited and specific circumstances not found

here

WHEREFORE Plaintiffs request that the Court enter a preliminary and a permanent

injunction ordering Defendant to

(a) discontinue the Program to Purge Alleged Non-Citizens specifically including

plans to remove additional voters based on use of the SAVE database

(b) instruct all Supervisors of Elections to restore to the rolls all voters who have

been removed from the rolls as a result of the failure to respond to the notice

letter or to return a voter eligibility form

(c) review the status of all voters who were removed ostensibly because they

admitted non-citizenship including providing a letter in both English and


32

Spanish (and in compliance with other language requirements) indicating that

the person was removed because the person reported that she was not a citizen

and allowing those persons the opportunity to correct and restore their

registration if they were removed in error

(d) release a statement indicating that the Initial Purge List much like the 180000-

person list from which it derived was obsolete and inaccurate and should not

be used for any purpose The statement should further indicate that the Initial

Purge List much like the 180000-person list from which it derived may not

be used to challenge any voters in private challenges at the polls or otherwise

that a frivolous challenge to a voterrsquos eligibility based on this flawed list may

give rise to criminal penalties and that inclusion on these lists will not require

anyone to cast a provisional rather than a regular ballot

(e) instruct all Supervisors of Elections to send new notice letters in English and

Spanish (and in compliance with any other language requirements) to all

voters who have been removed from and subsequently restored to the rolls

advising them of their reinstatement

(f) instruct all Supervisors of Elections to send a new notice letter in English and


persons on the Initial Purge List who were not removed advising them that

they remain registered to vote explaining their rights as voters and assuring

them that they will not be disenfranchised based on failure to provide

documentary proof of United States citizenship


33

(g) train Supervisors of Elections and their staff regarding methods to maintain

voter lists in a manner that is uniform and non-discriminatory in accordance

with Section 8(b)(1) of the NVRA 42 USC sect 1973gg-6(b) and Section

98075(1) of the Florida Statutes so as to maintain accurate and current voter

registration rolls in a non-discriminatory manner

(h) cease enforcing standards practices procedures andor programs that deny

persons of color and members of language minority groups who are United

States citizens an opportunity to participate effectively in the political process

on an equal basis with other members of the electorate

(i) file with the Court within five days of the issuance of an injunction a list of

voters removed pursuant to the Purge and a report stating which voters have

been reinstated and providing confirmation of the steps that Defendant is

taking to comply with the injunction

WHEREFORE Plaintiffs request that the Court enter a judgment for Plaintiffs that

includes reasonable attorneysrsquo fees including litigation expenses and costs pursuant to 42 USC

sect 1988 and 42 USC sect 1973gg-9(c) and for all other relief that the Court deems just and

proper

Dated August 22 2012




34

Of Counsel Catherine M Flanagan Michelle Kanter Cohen PROJECT VOTE 1350 I St NW Suite 1250 Washington DC 20005 (202) 546-4173 (202) 629-3754 (fax) cflanaganprojectvoteorg mkantercohenprojectvoteorg Ben Hovland FAIR ELECTIONS LEGAL NETWORK 1825 K Street NW Suite 450 Washington DC 20006 (202) 248-5346 (202) 331-1663 (fax) bhovlandfairelectionsnetworkcom Juan Cartagena Jose Perez Esq Diana Sen Esq LATINOJUSTICE PRLDEF 99 Hudson Street 14th Floor New York NY 10013-2815 (212) 219-3360 (212) 431-4276 (fax) jcartagenalatinojusticeorg jperezlatinojusticeorg dsenlatinojusticeorg

Lorelie S Masters Marc A Goldman JENNER amp BLOCK LLP 1099 New York Ave NW Suite 900 Washington DC 20001-4412 (202) 639-6000 (202) 639-6066 (fax) lmastersjennercom mgoldmanjennercom J Gerald Hebert Campaign Legal Center 215 E Street NE Washington DC 20002 (202) 736-2200 ghebertcampaignlegalcenterorg Katherine Roberson-Young Esq Florida Bar No 038169 3000 Biscayne Blvd Suite 212 Miami Florida 33137 (305) 571-4082 (305) 571-1396 (fax) katherineroberson-youngseiuorg Penda Hair Katherine Culliton-Gonzalez Esq Uzoma Nkownta Esq ADVANCEMENT PROJECT 1220 L Street NW Suite 850 Washington DC 20005 (202) 728-9557 (202) 728-9558 (fax) pendahairadvancementprojectorg kcullitongonzalezadvancementprojectorg unkowntaadvancementprojectorg Attorneys for Plaintiffs


35



foregoing was served on all counsel of record via CMECF Dated August 22 2012 By s John De Leon_____

John De Leon


1

Plaintiffs have conferred with the Defendant regarding the proposal to amend the

complaint Defendant neither opposes nor consents to Plaintiffsrsquo motion at this time but indicated

his plan to file a response after the motion and proposed Amended Complaint is filed

Dated August 22 2012 Of Counsel Catherine M Flanagan Michelle Kanter Cohen PROJECT VOTE 1350 I St NW Suite 1250 Washington DC 20005 (202) 546-4173 (202) 629-3754 (fax) cflanaganprojectvoteorg mkantercohenprojectvoteorg Ben Hovland FAIR ELECTIONS LEGAL NETWORK 1825 K Street NW Suite 450 Washington DC 20006 (202) 248-5346 (202) 331-1663 (fax) bhovlandfairelectionsnetworkcom Juan Cartagena Jose Perez Diana Sen


John De Leon Florida Bar No 650390 LAW OFFICES OF CHAVEZ amp DE LEON 5975 Sunset Drive Suite 605 South Miami FL 33143 (305) 740-5347 (305) 740-5348 (fax) jdeleonchavez-deleoncom Lorelie S Masters Marc A Goldman JENNER amp BLOCK LLP 1099 New York Ave NW Suite 900 Washington DC 20001-4412 (202) 639-6000 (202) 639-6066 (fax) lmastersjennercom mgoldmanjennercom J Gerald Hebert Campaign Legal Center 215 E Street NE Washington DC 20002 (202) 736-2200 ghebertcampaignlegalcenterorg Katherine Roberson-Young Florida Bar No 038169 3000 Biscayne Blvd Suite 212 Miami Florida 33137


2




3




John De Leon


4





Plaintiffs


Defendant




1

INTRODUCTION
























2






ARGUMENT








(1962)










3
























4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


2




3




John De Leon


4





Plaintiffs


Defendant




1

INTRODUCTION
























2






ARGUMENT








(1962)










3
























4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


3




John De Leon


4





Plaintiffs


Defendant




1

INTRODUCTION
























2






ARGUMENT








(1962)










3
























4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


4





Plaintiffs


Defendant




1

INTRODUCTION
























2






ARGUMENT








(1962)










3
























4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


1

INTRODUCTION
























2






ARGUMENT








(1962)










3
























4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


2






ARGUMENT








(1962)










3
























4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


3
























4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


4












CONCLUSION







5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


5




6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


6



John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


7





Plaintiffs


Defendant








GRANTED and


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


8



day of _____________ 2012



Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


Exhibit 1




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon




June 19 2012

























include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon















include (by law)





















bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon





bull first name

bull middle name








Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


Conclusion


Sincerely




Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


Exhibit 2




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon




wwjennercom









6(b)(l)





















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon




















Diana Sen


Veye Yo









Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon






Plaintiffs


Defendant

AMENDED COMPLAINT










2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012


















Case 112-cv-22282-WJZ Document 44-1 Entered on FLSD Docket 08222012 of 35

26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


2

NATURE OF THE CASE



















registration rolls






3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


3










elections















4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


4


























5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


5






Elections 393 US 554-557 fn 18 (1969)




USC sect 1367(a)



PARTIES











6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


6

























7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


7

























8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


8

























9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


9




















(emphasis added)






10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


10





(Emphasis added)














11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


11


(Emphasis added)

















(Emphasis added)





12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


12












13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


13























14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


14




















15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


15

























16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


16















of the VRA










17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


17




USCCAN 105 119-20












sect 1973gg(a)









18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


18
























19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


19





Citizens




















20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


20

























21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


21






















22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


22





(emphasis added)


















23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


23


eligibility forms























24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


24

























25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


25


608 616-17 (1980)




was August 8 2012



















26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


26












COUNT I













27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


27








actions

COUNT II

















28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


28







Act and the NVRA

















29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


29



COUNT III

















COUNT IV

INJUNCTIVE RELIEF



30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


30





















PRAYER FOR RELIEF



31














here











32
























33

















proper





34




35




John De Leon


31














here











32
























33

















proper





34




35




John De Leon


32
























33

















proper





34




35




John De Leon


33

















proper





34




35




John De Leon


34




35




John De Leon


35




John De Leon


UNITED STATES DISTRICT COURT SOUTHERN DISTRICT...

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Transcript of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT...