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Transcript of SC-Beeney/Andino

Transcript of SC-Beeney/Andino

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1 of 59 sheets Page 163 to 166 of 325 08/28/2012 10:15:12 PM

163
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
STATE OF SOUTH CAROLINA,
CA No. 12-203
Plaintiff, Washington, DC
August 28, 2012
vs. 1:38 p.m.
UNITED STATES OF AMERICA, ET AL., DAY 2 - PM SESSION
Defendants. Pages 163 thru 325
_________________________________
TRANSCRIPT OF TRIAL
BEFORE
DISTRICT JUDGE COLLEEN KOLLAR-KOTELLY
CIRCUIT JUDGE BRETT M. KAVANAUGH
DISTRICT COURT JUDGE JOHN D. BATES
APPEARANCES:
For the Plaintiffs:
ALSO PRESENT:
H. CHRISTOPHER BARTOLOMUCCI, ESQ.
BRYAN J. FIELD, ESQUIRE
MICHAEL McGINLEY, ESQUIRE
STEPHEN POTENZA, ESQUIRE
Bancroft, PLLC
1919 M Street, NW
Washington, DC 20036
(202) 416-0257
H. CHRISTOPHER COATES, ESQUIRE
934 Compass Point
Charleston, SC 29412
(843) 609-7080
ALAN M. WILSON
Attorney General South Carolina
BRYAN STIRLING
Deputy Attorney General
South Carolina
KARL S. BOWERS, ESQ.
164
For the Defendants: BRADLEY E. HEARD, ESQUIRE
RICHARD ALAN DELLHEIM, ESQUIRE
BRYAN L. SELLS, ESQUIRE
ANNA M. BALDWIN, ESQUIRE
CATHERINE MEZA, ESQUIRE
ERIN MARIE VELANDY, ESQUIRE
DANIEL J. FREEMAN, ESQUIRE
ANGELA MILLER, ESQUIRE
U.S. Department of Justice
Civil Rights Division
Voting Section
950 Pennsylvania Avenue, NW
Washington, DC 20530
(202) 353-8743
For Defendant Intervenors: GARRARD R. BEENEY, ESQUIRE
MICHAEL COOPER, ESQUIRE
THEODORE A.B. McCOMBS, ESQUIRE
TALY DVORKIS, ESQUIRE
SEAN A. CAMONI, ESQUIRE
ALICIA AMDUR, ESQUIRE
Sullivan & Cromwell, LLP
125 Broad Street
New York, NY 10004
(212) 558-1863
NANCY ABUDU, ESQUIRE
American Civil Liberties Union
Foundation, Inc.
230 Peachtree Street, NW
Suite 1440
Atlanta, GA 30303
(404) 523-2721
SUSAN K. DUNN, ESQUIRE
American Civil Liberties Union
Foundation of South Carolina
40 Calhoun Street
Suite 210
Charleston, SC 29401
(843) 720-1428
165
ARTHUR B. SPITZER, ESQUIRE
American Civil Liberties Union
of the Nation's Capital
4301 Connecticut Avenue, NW
Suite 434
Washington, DC 20008
(202) 457-0800 x113
J. GERALD HEBERT, ESQUIRE
The Campaign Legal Center
215 E Street, NE
Washington, DC 20002
(202) 736-2200
MIMI MARZIANI, ESQUIRE
Brennan Center for Justice
161 Avenue of the Americas
12th Floor
New York, NY 10013
(646) 292-8327
MARK A. POSNER, ESQUIRE
Lawyers' Committee for Civil
Rights
1401 New York Avenue, NW
Suite 400
Washington, DC 20005
(202) 662-8389
Court Reporter: Bryan A. Wayne, RPR, CRR
Official Court Reporter
U.S. Courthouse, Room 4704-A
333 Constitution Avenue, NW
Washington, DC 20001
(202) 354-3186
Proceedings recorded by mechanical stenography; transcript
produced by computer-aided transcription.
166
P R O C E E D I N G S 1
HON. COLLEEN KOLLAR-KOTELLY: Good afternoon, 2
everyone. All right. We'll resume the testimony of Lieutenant 3
Governor Glenn McConnell with Mr. Potenza. 4
(The witness resumes the stand.) 01:38PM 5
EXAMINATION CONTINUED 6
BY MR. POTENZA: 7
Good afternoon, Lieutenant Governor. 8 Q.
Good afternoon. 9 A.
Lieutenant Governor, when you were considering voter 01:38PM 10 Q.
identification legislation during the 2009 through 2011 time 11
frame, did you consider the impact on racial minorities of a 12
photo identification requirement? 13
I have to speak for myself personally as I approached it. 14 A.
For me it was just an issue of the reliability, the confidence 01:38PM 15
in the ballot. So I'm assuming the question's based on my 16
having supported the bill or being a cosponsor or whatever. 17
Those issues or allegations would come up in debate, but I felt 18
like the Senate addressed them with our compromise amendment. 19
How in your view did the Senate address them with your 01:39PM 20 Q.
compromise amendment? 21
Well, the proof is that most everybody was for it. So with 22 A.
everybody for it, including those who had raised issues -- but 23
we included outreach, we included education, we included 24
creating a list of those who didn't have the ID, the ability to 01:39PM 25
08/28/2012 10:15:12 PM Page 167 to 170 of 325 2 of 59 sheets
167
get them without cost. My recollection of the bill, of course 1
it was several years ago, was to transition in. 2
So nothing's perfect, but I felt like we weren't leaving 3
anyone behind. And then we also went in and created, where 4
there's a challenged ballot, they could vote a provisional 01:39PM 5
ballot, and there was the affidavit on the reasonable 6
impediment. So I felt like everybody seemed comfortable with 7
all of that; that was what was in the compromise amendment. 8
Were those provisions that you just described, were those 9 Q.
also in the act that was presented to the governor for 01:40PM 10
signature? 11
They were in there. Whether they were in the exact words 12 A.
or not, I can't say. But yes, we put the outreach, the 13
education, the provisional ballot, the reasonable impediment. 14
All of that was in there along with we had refined the 01:40PM 15
severability clauses and things like that. 16
Was that Act R54 that was presented to the governor for 17 Q.
signature? 18
Yes. 19 A.
And Lieutenant Governor, did you support or vote for Act 01:40PM 20 Q.
R54 or any predecessor legislation with any purpose to 21
discriminate against minority voters? 22
No. There was no intent to discriminate. 23 A.
Do you have any reason to believe that any of your 24 Q.
colleagues in the Senate supported or voted for Act R54 or any 01:41PM 25
168
predecessor legislation with any purpose to discriminate against 1
minority voters? 2
I don't recollect any conversations or debate that 3 A.
reflected that kind of intent. 4
And Act R54 was presented to the governor for signature; 01:41PM 5 Q.
isn't that right? 6
That is correct. 7 A.
Do you have any reason to believe that the governor signed 8 Q.
Act R54 with any purpose to discriminate against minority 9
voters? 01:41PM 10
Well, I have no reason to believe that. I guess the 11 A.
ultimate answer would be from her. 12
MR. POTENZA: Thank you very much. No further 13
questions at this time. 14
HON. COLLEEN KOLLAR-KOTELLY: All right. Department 01:41PM 15
of Justice or Mr. Beeney? Go ahead. 16
EXAMINATION 17
BY MR. BEENEY: 18
Good afternoon, Lieutenant Governor. 19 Q.
Good afternoon, sir. 01:42PM 20 A.
Good to see you again. Welcome to Washington. 21 Q.
Thank you. 22 A.
Lieutenant Governor, you told us that photo ID was 23 Q.
contentious, correct? 24
That is correct. It got very contentious. 01:42PM 25 A.
169
And I think you mentioned -- I'm sorry, Lieutenant 1 Q.
Governor, Ms. Amdur is passing you a copy of your deposition in 2
case we get to it. 3
I think you told us that you played a critical role, and if 4
I may be permitted to add the word commendable role in trying to 01:42PM 5
bring both sides together and to come up with a compromise bill? 6
There was an institutional role that the president pro tem 7 A.
would do to try to bring the sides together. 8
In this amendment that you talked about that the Senate 9 Q.
unanimously adopted with African American members voting in 01:43PM 10
favor of it and Democrats voting in favor of it, it had a 11
broader list of acceptable photo IDs than R54 does; is that 12
right? 13
It did. 14 A.
What it allowed people to do to vote with a photo ID was to 01:43PM 15 Q.
show any state or federal employee, including IDs issued by 16
political subdivisions. Is that right? 17
That was the best -- the political subdivisions became a 18 A.
source of debate. I don't know -- it was in and it was back 19
out, but I do know the state IDs, the county and municipality I 01:43PM 20
can solidly testify to. We had some shifting back and forth 21
about public service districts and whether they would produce a 22
reliable one or not. 23
Let me show you Defendant-Intervenor's Exhibit 55, which I 24 Q.
believe is the compromise amendment, if we can call it that. On 01:44PM 25
170
page 867, I think we can actually take a look over here, 1
Lieutenant Governor, that here's the provision I was just 2
talking about. That it would have permitted people to vote by 3
showing "an employee identification card containing a photograph 4
of the voter which is issued by the federal government, this 01:44PM 5
state or a political subdivision of this state." 6
Does that refresh your recollection? 7
Yes. Once I see that document, that would be an accurate 8 A.
reflection of it, yes, sir. I knew it was in and out; it 9
just -- some of the stuff starts to run together. 01:44PM 10
And it also permitted early voting so that folks would have 11 Q.
a chance to get to the polls and rectify problems if they had 12
them? 13
Well, we wanted it for convenience. We were trying -- my 14 A.
recollection is we were trying to get two Saturdays in there for 01:45PM 15
early voting, and trying to come up with the wording on that, 16
but early voting, we wanted it because one thing it would do -- 17
we got some early voting now with absentee voting, but we're 18
not -- people might, to avoid the lines, kind of meet the 19
criteria. So we felt like if early voting is a convenience to 01:45PM 20
the voters and would increase participation, why not? 21
And in addition to this broader list of IDs and early 22 Q.
voting, you also gave people time to get the IDs that they would 23
need before you required them to vote in this compromise 24
amendment, right? 01:45PM 25
3 of 59 sheets Page 171 to 174 of 325 08/28/2012 10:15:12 PM
171
That is correct. We were trying to make sure that we gave 1 A.
people time. One of my concerns is transition in, not leave 2
people behind, give them a reasonable opportunity. 3
And that was the reason, because if you gave people -- and 4 Q.
I think in the amendment you didn't require photo IDs for two 01:46PM 5
years, and you said to the State Election Commission, issue the 6
photo IDs for a year before we require them. I think that was 7
in the amendment. Does that ring a bell? 8
Because we were back in, what was it, 2010 then, and 9 A.
looking toward to 2012. We were trying to transition in. 01:46PM 10
That's where we were headed in the Senate. 11
And the reason you were trying to transition in is because 12 Q.
you didn't want to leave people behind and not allow them to 13
vote? 14
I recall -- again let me preface it by saying that as 01:46PM 15 A.
president pro tem I have people in my ear and I'm in and out, 16
but I recall concern about those who didn't have the IDs, and 17
ultimately we crafted the language we thought allowed the 18
transition. 19
And the purpose of the transition was so that people 01:46PM 20 Q.
weren't left out of the process and could vote and get the IDs 21
they needed. 22
Yes, sir. The concerns were expressed to make sure that -- 23 A.
we weren't trying to disenfranchise anybody. 24
All the provisions we just talked about, the broader list 01:47PM 25 Q.
172
of IDs, the early voting, the two years before you had to show 1
the ID, the one year that you could take to get the ID, all that 2
was cut out by the House. 3
In the last version of it, yeah, yes, sir. They did not go 4 A.
along. It was details like that that we started getting hung up 01:47PM 5
between the two chambers. 6
And none of that's in R54. 7 Q.
In R54 we put in the language about the education, the 8 A.
outreach, but a conference committee is confined to the House 9
version and to the Senate version and nothing in between. You 01:47PM 10
have to take from one of the two bills. 11
What I mean is that in R54, none of these measures we've 12 Q.
just talked about that were in the compromise amendment ended up 13
in the ultimate law. I mean, there's no early voting, there's 14
no employee ID, there's no transition period, there's no year to 01:48PM 15
get your photo ID card. None of that's in R54, is it? 16
Not like it was in the previous one, in my opinion. We 17 A.
left the language in about the outreach, the list, those sorts 18
of things. But my memory is when I looked at that previous 19
document that the next year we dropped political subdivisions in 01:48PM 20
our version of the bill and went with just state and local 21
governments, which would be municipalities and counties. So 22
that, I think we tweaked that in the Senate. 23
When you got to conference committee about the final bill, 24 Q.
the conference committee over 3003 and what led to R54, you 01:49PM 25
173
tried to convince Representative Clemmons and the House members 1
about all these issues, but they just wouldn't budge. Is that 2
right? 3
We did. There were three of us, Senator Campsen, Senator 4 A.
Scott and myself, and we tried to sell them. 01:49PM 5
And no matter what sense you talked to them, the response 6 Q.
was, clean bill, clean bill, clean bill? 7
Every time, in my opinion, that I pinned them down or that 8 A.
Senator Scott or Senator Campsen pinned them down, we just want 9
a clean voter ID bill. 01:49PM 10
I think you already told us you never thought it was a 11 Q.
clean bill in the first place? 12
No, I did not think it was. And I said that very strongly 13 A.
on the Senate floor. 14
Senator Scott is a friend of yours? 01:49PM 15 Q.
Yes. I consider him a friend. 16 A.
And Senator Scott felt passionately about voter ID? 17 Q.
He did. 18 A.
And he spoke on the Senate floor about the long fight for 19 Q.
minorities to get the vote. Do you recall that? 01:50PM 20
Repeat that? I'm sorry. 21 A.
Do you recall Senator Scott talking on the Senate floor 22 Q.
about voter ID and the big fight that minorities had to get the 23
vote in South Carolina? 24
I remember him talking on the floor raising concerns and 01:50PM 25 A.
174
everything. If it was that specific thing. But I know he was 1
talking about his concern about voting rights. 2
And do you remember when you got to the conference 3 Q.
committee where you just couldn't get any of this out of the 4
House, that Senator Scott asked you to hold out? 01:50PM 5
He told me he would not sign a report without early voting, 6 A.
and early voting wasn't in the cards. But he did. He asked me 7
to hold out and just not sign the report. 8
But you really couldn't hold out because even if you wanted 9 Q.
to, it just wasn't a political option, was it? 01:50PM 10
A majority of the Senate wanted the bill, and ultimately we 11 A.
have to represent the majority of the body. And the political 12
heat was on. I was crippled going into conference by the 13
divided vote on concurrence, instead of having a united front. 14
The House knew that we had a divided house on the Senate side, 01:51PM 15
and it was not ultimately a political option either. And time 16
was running out. If I had held out, it would have pushed it 17
behind the budget, and then anybody could have killed it, and 18
the rest of the Senate would have never had a chance to vote on 19
it. 01:51PM 20
You mentioned the concur vote, and I kind of want to go 21 Q.
back to the concur vote before you got to the conference. As I 22
understand it, in the final bill, the 3003, before it went to 23
conference, you basically had a choice in the Senate: Either 24
concur in the House version, which had stripped out all these 01:52PM 25
08/28/2012 10:15:12 PM Page 175 to 178 of 325 4 of 59 sheets
175
things, and then it would get sent to the governor, or 1
nonconcur, and then it would go to the conference committee? 2
That's correct. On the second bill, if it's a House bill 3 A.
and they amend the Senate amendment, under parliamentary law the 4
Senate cannot amend again. We either have to take it or go to 01:52PM 5
conference. 6
Even though you thought the House bill that had come back 7 Q.
to you was a bad bill, there was a lot of pressure on you to 8
concur? 9
Tremendous amount of pressure on us. 01:52PM 10 A.
And I think you told us that the pressure came, for 11 Q.
example, from Tea Party activists. Do you remember that? 12
It came from there, it came from the party. I got it from 13 A.
my county party. Just concur and vote for the clean voter ID 14
bill. 01:52PM 15
Do I recall that you told me once that some members were 16 Q.
even threatened with primaries if they didn't concur? 17
I heard those rumors, yes, that -- it was not a happy 18 A.
weekend. 19
I think you took to the Senate floor to explain your vote 01:53PM 20 Q.
not to concur because of the promise you had made to the 21
institution, and I think you called the effort to get you to 22
concur propaganda. Do you remember that? 23
I probably did call it propaganda. I use that term in the 24 A.
Senate debates. In my opinion, propaganda was being put out 01:53PM 25
176
there to the effect, or PR or whatever you want to call it, that 1
it was a clean bill when I knew it was not. 2
And Senator, your view -- and I apologize because you may 3 Q.
have already said this this morning. Your view was that the 4
compromise that had come out of the Senate was a better bill for 01:53PM 5
South Carolina than what ultimately got adopted? 6
I thought that our bill had bipartisan support, it had the 7 A.
confidence of the body. I thought it was better worded, more 8
inclusive. 9
And with the broader IDs and the transition period and the 01:54PM 10 Q.
early voting and the other things you mentioned, you thought 11
that the compromise bill with bipartisan support had a better 12
chance of being cleared under the Voting Rights Act than R54? 13
I did, because I have been involved in reapportionment, and 14 A.
those things have to go up to Justice and I know there are 01:54PM 15
witnesses, and if everybody generally is pleased, who's going to 16
testify against it? 17
Now, just to look at a couple of things that Representative 18 Q.
Clemmons and the House stripped out of the Senate compromise 19
bill. Let's take state employment IDs. When you and I last 01:54PM 20
spoke, I think you agreed with me that the proportion of African 21
Americans in the state workforce was likely larger than the 22
proportion of African Americans in the state population? 23
I believe that it is, yes. 24 A.
So that African Americans -- there would be a number of 01:55PM 25 Q.
177
African Americans that would have a state employment ID and 1
therefore could vote if that was included in the bill. 2
If they were state employees, they would be able to use 3 A.
their badges. I remember us arguing -- I could not understand 4
the objection to allowing state employees' IDs. 01:55PM 5
You also, as I recall, took to the Senate floor to call the 6 Q.
House refusal to accept state law enforcement IDs as just plain 7
dumb. 8
I'll have to look at the exact words, but I know I was very 9 A.
critical of it. 01:55PM 10
Now, the reasonable impediment provision that did end up in 11 Q.
R54, that came out of the meeting that you had in the president 12
pro tem office when you were trying to reach the compromise 13
bill; isn't that right? 14
That's my recollection of where all that was. We did so 01:56PM 15 A.
much -- as I stated earlier, when you start getting two lawyers 16
in a document, they kept trying to perfect the language. 17
And then you had Senate staffer Heather Anderson draft up 18 Q.
the reasonable impediment language? 19
That's correct, based on what they were doing, and then 01:56PM 20 A.
they would proof it. 21
If someone from the House said that the reasonable 22 Q.
impediment provision was their idea, that wouldn't be right, 23
would it? 24
Well, my recollection is that the reasonable impediment 01:56PM 25 A.
178
language was in the Senate. I'd have to see all the documents, 1
but that's my memory. 2
Now, do you remember when you were trying to bring people 3 Q.
together, you told Senator Campsen, who was the chair of the 4
voting law subcommittee, that he won't get voter ID out of the 01:57PM 5
Senate unless he also couples it with early voting? 6
I knew early on, and the reason is because I've learned 7 A.
over the years, if you want something, to get it, you need to 8
find out what other people want, and then ride together in the 9
same cart. 01:57PM 10
And you supported using state and federal IDs to vote? 11 Q.
Yeah, I have no problem with it. 12 A.
And you also thought that by showing a larger list of 13 Q.
acceptable IDs that you would be showing that you're trying not 14
to disenfranchise people. 01:57PM 15
I felt it was -- that signaled the more inclusive we were, 16 A.
the more support we got, and who could argue with that? The 17
House was something about who controls what in the production of 18
the IDs as I recall. It was some argument to that effect. 19
And you supported early voting? 01:58PM 20 Q.
Yes. 21 A.
Made sense to you? 22 Q.
Made sense to me; still does. 23 A.
And your district overwhelmingly supports early voting? 24 Q.
I believe that the people that I represent support early 01:58PM 25 A.
5 of 59 sheets Page 179 to 182 of 325 08/28/2012 10:15:12 PM
179
voting, yes. 1
And early voting would help because South Carolina has some 2 Q.
of the longest lines to vote in the country, doesn't it? 3
That's been my experience. We have very long lines. 4 A.
And long lines can deter people from voting? 01:58PM 5 Q.
In my opinion they can. 6 A.
And you thought, didn't you, Lieutenant Governor, that this 7 Q.
compromise bill that you put together, that it certainly 8
addressed the goals of having a secure election system and one 9
that people would have faith in? 01:58PM 10
I thought so. What we sent out of the Senate, I was very 11 A.
happy with. 12
If you look at all the things that were in the compromise 13 Q.
bill that you were able to put together, and you look at all 14
those things that the House took out, it almost makes it sound 01:59PM 15
like the House was trying to make it harder to vote. Is that -- 16
did you have that sense? 17
I didn't know what was on the House's mind until they tried 18 A.
to give us explanations, but the -- I felt that our bill was 19
superior and that we had a very good bill. Of course, the House 01:59PM 20
and Senate don't see alike a lot. Even though we're in the same 21
branch of government, that doesn't mean we're not competitive. 22
In any event, would you agree that it's clear that with the 23 Q.
transition period and with the broader list of IDs that it would 24
have been easier for people who don't have IDs to vote under the 01:59PM 25
180
Senate compromise than under what came out of the House and 1
became R54? 2
In my opinion, the larger the list, the more IDs there are. 3 A.
Unless somebody can give me a compelling reason not to be for 4
that, it just felt like to me it was sound policy to be for 02:00PM 5
that. 6
You certainly didn't hear any compelling reasons coming out 7 Q.
of Representative Clemmons or the House, did you? 8
They didn't persuade me a bit. 9 A.
I want to go back to the conference, and you mentioned this 02:00PM 10 Q.
a little bit when Mr. Potenza was asking you about the early 11
voting provision. You agreed to sign the conference report, but 12
at the time you signed the conference report you thought that 13
you'd gotten a promise from Representative Clemmons that they 14
would deliver an early voting bill to the Senate. 02:00PM 15
I felt like -- call it a promise or assurance. I'll call 16 A.
it assurance. I felt I had an assurance. They had passed it in 17
the past, and he said we just would rather deal with it in a 18
separate vehicle and we'll deal with it in a separate vehicle. 19
So I felt like, based on that conversation, that I had an 02:00PM 20
assurance that they would send us early voting, and I went 21
forward with the voter ID. 22
And on that basis you signed the conference committee 23 Q.
report? 24
That is correct. 02:01PM 25 A.
181
You were even told in the conference committee by 1 Q.
Representative Clemmons that he actually even had a bill pending 2
in his subcommittee. Do you remember that? 3
I was told, my recollection is, in the Judiciary Committee, 4 A.
which he is, to my best knowledge, a member. 02:01PM 5
And the House broke that promise, or Representative 6 Q.
Clemmons broke that promise because you never got an early 7
voting bill, did you? 8
I never got it. 9 A.
And you were disappointed by that. 02:01PM 10 Q.
Yes. 11 A.
And that bill that Representative Clemmons said that he had 12 Q.
in his House, as soon as the ink was dry on that conference 13
committee report, that early voting bill died in Representative 14
Clemmons' subcommittee. Do you remember that? 02:01PM 15
Well, I'm not sure how it died. I know that it was several 16 A.
days afterwards. We, by unanimous consent, sent them another 17
early voting bill, so they would have a vehicle. 18
So when he didn't stick by his promise and get you an early 19 Q.
voting bill, the Senate sent him one; is that right? 02:02PM 20
We sent him another one, yes, sir. 21 A.
And you never heard about it again, did you? 22 Q.
Never got it. 23 A.
Lieutenant Governor, let me move to another topic. I want 24 Q.
to just go through with you, because we're fortunate enough to 02:02PM 25
182
have some transcripts of what went on in the Senate as opposed 1
to the House, and I just want to confirm with you a few things 2
that came up during the course of the debates, if you remember 3
them. 4
During the Senate debate over photo ID, some Senators 02:02PM 5
raised the history of the state denying basic voting rights to 6
African Americans. That was a topic that was said; is that 7
right? 8
There was discussion on that. I was tuned in and out, as 9 A.
I've said before, because somebody is into my ear talking to me 02:02PM 10
on something. It could be on that. Unfortunately, when you're 11
chairman of the judiciary, president pro tem, you can't maintain 12
attention all the time. You have to... 13
Got a few things going on at once? 14 Q.
Yes, sir. 02:03PM 15 A.
The original multitasker? And some of the other things 16 Q.
that were discussed on the Senate floor were how you might try 17
to craft a bill that would comply with the voting rights 18
amendment? 19
There was discussion about that, yes, sir. 02:03PM 20 A.
And there was also discussion about whether photo ID 21 Q.
requirements would chill people's votes and leave them behind so 22
they couldn't vote? 23
I don't recall specifically that. It was a lot. Again, I 24 A.
may have been tuned out at that particular time on that item. 02:03PM 25
08/28/2012 10:15:12 PM Page 183 to 186 of 325 6 of 59 sheets
183
Let me just see if I can refresh your recollection about 1 Q.
that issue, Lieutenant Governor. If you turn to your deposition 2
on June 14, which I think was the first one. We had a number of 3
goes at you, didn't we? And if you turn to page 50. And if 4
you're there on page 50, on line 20. Let me take the question 02:04PM 5
above that on line 17. Do you see that, Lieutenant Governor? 6
On retrogression? 7 A.
Yes. That's exactly where I wanted. Starting on line 17 8 Q.
over on the left there, the question was asked by Ms. Baldwin: 9
"Are you aware of whether the concept of retrogression was 02:04PM 10
brought up during the debate on any of the voter ID laws?" 11
And you say, "I do not recall anything regarding specific 12
districts and retrogression. There was debate about whether or 13
not everybody was going to have the opportunity to vote and 14
whether or not some people were going to be left behind." 02:04PM 15
Does that refresh your recollection? 16
Yes, sir. That's accurate. 17 A.
And there was some talk about whether people had access to 18 Q.
automobiles and transportation to get to where they'd have to go 19
to get a voter ID? 02:05PM 20
That is correct. I do remember there were some remarks. 21 A.
Who made them, I can't say. 22
Do you remember some discussion about the fact that a 23 Q.
number of people who may be elderly were born at a time in South 24
Carolina when they probably didn't have a birth certificate? 02:05PM 25
184
Yes, sir. I remember somebody bringing that up. 1 A.
And a number of members of the Senate made the argument 2 Q.
that voter ID was going to chill the vote of minority voters. 3
That argument was made, yes, sir. 4 A.
Lieutenant Governor, just kind of a last couple of 02:05PM 5 Q.
questions. After the bill came out of the conference committee 6
and you signed the bill, getting a promise that you would get an 7
early voting bill, you then went back to the Senate. Do you 8
recall the Senator from Lexington at that point in time asked 9
you whether the bill that became R54 was going to pass the 02:06PM 10
Voting Rights Act? 11
I do recall, it was Senator Jakey Knotts. 12 A.
Do you remember exactly what you said? Let me put it up 13 Q.
for you. 14
Yeah, because I believe -- he asked me that and I told him 02:06PM 15 A.
I thought that the Senate bill had the better chance, 16
essentially. 17
This is Defendant-Intervenor's Exhibit 189 at JA6529 18 Q.
through 30, and you'll see the Senator from Lexington said to 19
you, "Senator, thank you for all the work that the conference 02:06PM 20
committee did on this, but with all that you've done, do you 21
think this bill will pass the Justice Department?" 22
And here's the answer you gave, Lieutenant Governor. "I'm 23
going to defer an answer on that. I'll talk with you privately 24
on my opinion on that. I will say this. I thought the Senate 02:07PM 25
185
bill had the best chance of getting approval. I think to lose 1
provisions in the Senate bill went in the wrong direction." 2
And the Senator from Lexington said to you, "Knowing you 3
and your straightforwardness in the past 10 years, your answer 4
is no." Do you remember that? 02:07PM 5
Yes, sir. I do remember him trying to ask me that 6 A.
question. And that's an accurate -- that's what I told him. I 7
still go to that. I thought our bill was a superior bill. I 8
hated to lose the provisions we lost, and we had bipartisan 9
support and we had biracial, philosophical, I mean, who was to 02:07PM 10
complain? I don't know how you could object when everybody was 11
on the same script. 12
MR. BEENEY: Thank you, Lieutenant Governor. And 13
thank you for all your efforts on this. 14
THE WITNESS: Thank you. 02:08PM 15
HON. COLLEEN KOLLAR-KOTELLY: All right. Department 16
of Justice. 17
EXAMINATION 18
BY MS. BALDWIN: 19
Good afternoon. Anna Baldwin for the Department of 02:08PM 20 Q.
Justice. It's good to see you again, Lieutenant Governor 21
McConnell. 22
Same here. 23 A.
I'd like to go back to the beginning of the process on 24 Q.
voter ID for a few minutes. When you first talked with Senator 02:08PM 25
186
Campsen when he was in the process of introducing S.334 and 1
while that bill was pending, you became aware that there was 2
going to be strong opposition to that bill from the start. 3
Isn't that correct? 4
Yes. But it was exactly when he was drafting it. But 02:08PM 5 A.
early on, I became aware, some senators came to see me and told 6
me of their strong feelings. 7
And the senators who came to speak with you were African 8 Q.
American senators, Senator Jackson and possibly some others? 9
There were several, yes. There was more than two is my 02:09PM 10 A.
recollection. Was everybody there? I can't say for sure. But 11
it was the African American senators came to see me as president 12
pro tem. 13
You understood from that conversation that they were 14 Q.
concerned that voting would be chilled by an ID requirement, and 02:09PM 15
specifically they were concerned about chilling the voting of 16
African Americans from their districts? 17
From their districts, now, I can only tell you that what 18 A.
they communicated to me was they were opposed to the bill, they 19
felt like it would chill it, that they wanted -- strongly wanted 02:09PM 20
early voting. 21
And knowing the districts that they came from, you 22 Q.
understood that the chilling of voting they were concerned about 23
likely had to do with minority voting? 24
Well, they communicated that. I didn't have to assume 02:10PM 25 A.
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187
that. They communicated it was minorities. 1
And you relayed those concerns to Senator Campsen, correct? 2 Q.
I did. 3 A.
And you explained to Senator Campsen that given those 4 Q.
concerns and the opposition that was going to occur, that early 02:10PM 5
voting would likely be the only way that the bill would be 6
passed through. 7
I gave him the advice that was given to me. You realize 8 A.
what everybody wants, you put it together, and you get the 9
votes. 02:10PM 10
While S.334 was pending in the Senate, you had H.3418 over 11 Q.
in the House at that time. That's correct? 12
It's the first bill, H.3418. That was over in the House, 13 A.
yes. 14
And you became aware that there had been a walk-out of the 02:10PM 15 Q.
Legislative Black Caucus during consideration of that bill? 16
I saw it in the newspaper. 17 A.
During your more than 30 years in the Senate, nothing like 18 Q.
that has ever occurred in the state Senate? 19
No. Senate is based on collegiality. We've still got some 02:11PM 20 A.
of that left. 21
When H.3418 was passed and came over to the Senate, you 22 Q.
recall that it was referred to the Judiciary Committee and there 23
was a minority report put on 3418? 24
That is correct. 02:11PM 25 A.
188
And a minority report would be a signal of strong 1 Q.
opposition? 2
Yes. If a Senator puts a minority report on, it's a signal 3 A.
it's a contested bill, because a minority report cannot be 4
removed except by unanimous consent of the body after that 02:11PM 5
report is out. 6
So because of that need for unanimous consent, the only 7 Q.
other way to take up a bill with a minority report would be 8
through a special order. Is that correct? 9
Well, that's the -- there are tricks in the rules, so let 02:11PM 10 A.
me respond by telling you, the normal route's yes, the special 11
order. 12
And so on H.3418, the first time that it was put up for a 13 Q.
special order by the two-thirds vote, that failed. Is that 14
right? 02:12PM 15
It may have. I know it got moved for special order, and it 16 A.
got a regular two-thirds vote on a special order at some point 17
there. It may have been one or two attempts before it was 18
gotten, but there was strong opposition to it. 19
And so there had to be multiple special order votes before 02:12PM 20 Q.
the bill ultimately got a special order, and ultimately that 21
special order was by majority vote. 22
Not the first bill. The first House bill, my recollection 23 A.
is got a two-thirds vote. The key in a special order is to get 24
the right mix of senators on the floor at the time of the vote. 02:13PM 25
189
The second one got -- the second time, the bill that ultimately 1
became the law, that bill failed to get special order votes by 2
the two-thirds, and that one was moved, my recollection, by 3
Senator Martin, through the rules committee slot to special 4
order, and got the 24 votes. 02:13PM 5
If that had occurred on the first bill as well, would that 6 Q.
be fairly unusual to have a two-thirds vote fail and then have 7
to move to the normal -- excuse me -- to move to the 50 percent 8
majority rule? 9
That mechanism is put in there when the Senate is deeply 02:13PM 10 A.
divided on a partisan basis or regional basis or something. If 11
you don't have a special order, you can't get to a contested 12
bill except through some other very unusual ways to do it. So 13
if you've got a contested bill, you've got to do it either 14
through the two thirds route by any member or through the rules 02:14PM 15
committee. It's got to be one of those two ways. 16
And at deposition you couldn't recall another instance 17 Q.
where a bill had first failed to get a two thirds vote and then 18
later had to get special ordered by majority. 19
No, I couldn't recall any specific ones. 02:14PM 20 A.
Lieutenant Governor McConnell, around the time on 3418 when 21 Q.
the bill was in the special order process, do you recall that 22
the Senate was sent some data from the State Election Commission 23
on ID possession rates for registered voters? 24
I recall it was a sheet of it, or sheets, and it was out on 02:14PM 25 A.
190
the floor. Somebody put it out on the desk. It was out there 1
in front of the senators. 2
If we could pull up United States Exhibit 201. Is this the 3 Q.
e-mail that you recall being sent around providing some of that 4
State Election Commission information that was sent to the 02:15PM 5
ALLSENATE e-mail address? 6
If this is the one that has how many don't have IDs. All I 7 A.
see is the cover sheet here to the e-mail, but yeah, this is it. 8
We can go to the last page of this exhibit. If we can 9 Q.
start at the top of the document, zooming in. This, "Registered 02:15PM 10
voters without DL or ID by race," is this the document that you 11
recall -- 12
I recall having seen that document, yes. 13 A.
If we could scroll down to the bottom of the document, all 14 Q.
the way. Do you recall that there was discussion of the total 02:16PM 15
number of registered voters who lacked ID being 178,175? 16
I knew it was 150, 160, 70, I couldn't remember the exact 17 A.
amount. 18
And there was also discussion on the floor of the fact that 19 Q.
163,000 of those voters were nonwhite? 02:16PM 20
Somebody mentioned it, I'm sure. 21 A.
As I recall your deposition testimony, you receiving this 22 Q.
information didn't affect your position on ID. You had already 23
made up your mind on the issue? 24
Well, I was for IDs. I didn't consider anything other 02:16PM 25 A.
08/28/2012 10:15:12 PM Page 191 to 194 of 325 8 of 59 sheets
191
than -- when I endorsed the bill, other than I thought it would 1
enhance the integrity and reliability of the ballot. But when 2
this information came to light, we accommodated this information 3
by the things that we put into the bill so that these folks 4
wouldn't be left behind. The education, the outreach, all the 02:17PM 5
different things that I thought took care of many of these 6
problems. 7
And there were other provisions that you spoke to 8 Q.
Mr. Beeney about that also were aimed at taking care of the 9
problems, like the broader ID list, the two-year period before 02:17PM 10
the ID went into effect, and those things were taken out of Act 11
R54? 12
My recollection, once we put all of that in there, 13 A.
everybody who had any concerns about this, everybody but -- 14
pretty much all but like two senators voted for the bill. 02:17PM 15
I want to jump ahead to the next session with H.3003. 16 Q.
Senator McConnell, when you voted to nonconcur on H.3003, that 17
didn't mean that you were no longer in favor of a voter ID 18
requirement, correct? 19
No, I was in favor of it, but I nonconcurred for several 02:18PM 20 A.
reasons. 21
As an ID supporter, you had strategic reasons for the way 22 Q.
that you cast your vote, even though it's an up or down, yes or 23
no vote, on whether to have an ID requirement. 24
Not strategic reasons. I had given -- why would I 02:18PM 25 A.
192
volunteer and agree to go into conference committee if we 1
weren't going to have a conference committee? You can't have a 2
conference committee unless you nonconcur. So I felt the 3
obligation, number one, with my word to nonconcur. Secondly, 4
the House bill in my opinion had problems in it. And thirdly, I 02:18PM 5
did this on the immigration reform bill. Complex pieces of 6
legislation shouldn't just be accepted like a hamburger flying 7
across a fast food counter. They ought to be reviewed and 8
looked at. That's why I sent it to conference committee, as I 9
had done in the past. 02:19PM 10
I guess I should explain a bit more what I meant by 11 Q.
strategic. In light of the commitments that you had made and 12
you felt that by voting that way you could get a better deal, a 13
bill that you thought would be better for South Carolina voters. 14
I thought that we could get a better bill, and we did, than 02:19PM 15 A.
the House bill. But yes, get a better bill by going to 16
conference. 17
So there are occasions as a legislator where you're trying 18 Q.
to get the best bill that you can where just a up or down, yes 19
or no vote doesn't tell the full story of your opinion on that 02:19PM 20
legislation. 21
Well, the climate there was this PR campaign, just vote for 22 A.
the clean voter ID. Concur, concur, concur. I did my best to 23
get as many senators as I could to nonconcur, and we were highly 24
criticized by some for it. 02:20PM 25
193
And it was really the political pressure -- to be clear, it 1 Q.
wasn't the General Assembly as a whole that got blamed. It was 2
really the Senate that got blamed the first time around when 3
voter ID hadn't passed? 4
Senate got blamed. 02:20PM 5 A.
So the pressure in the second session was really focused on 6 Q.
the Senate and particularly some of your Republican colleagues 7
who hadn't voted to end the filibuster previously. 8
It was a priority of the caucus, as I recall. That's why 9 A.
it was S.1 that year, the Senate version; it was prefiled. And 02:20PM 10
I sent it to the Judiciary Committee early, to the subcommittee. 11
And it was a priority. 12
MS. BALDWIN: Thank you, Lieutenant Governor. 13
HON. COLLEEN KOLLAR-KOTELLY: Redirect. 14
EXAMINATION 02:21PM 15
BY MR. POTENZA: 16
Hello, Lieutenant Governor. Lieutenant Governor, you just 17 Q.
spoke I think about the purposes of early voting. What in your 18
view was the purpose of early voting in the versions of the 19
photo identification legislation that you had favored in the 02:21PM 20
Senate? 21
What? I'm sorry. 22 A.
What were the purposes of the early voting provisions that 23 Q.
were included in the legislation favored by the Senate? 24
Well, the purpose was to make voting more convenient and to 02:21PM 25 A.
194
allow participation. If you make it more convenient for the 1
public, maybe more people would have voted. 2
What were the purposes of the photo identification 3 Q.
requirements in the versions of the legislation that were 4
favored by the Senate? 02:22PM 5
Well, the purpose of it was the reliability, to make sure 6 A.
that the person who presented themselves to vote was in fact 7
that person. 8
Why were those two provisions included together in the 9 Q.
Senate version of the bill in your view? 02:22PM 10
Well, in my view, the Senate has -- we still have old 11 A.
debate rules. On third reading it takes 26 votes to take a 12
Senator off their feet, which is to end the debate, and under 13
our rule 15(a), immediately go to every amendment on the desk, 14
it closes off all amendments, and that ends it. 02:22PM 15
So it's very easy, if you know the rules, with a strong 16
group you can block the majority. I've done it in the past. 17
You've got to get people to travel -- I learned from my 18
predecessors the way the Senate operates, and you try to find 19
out what everybody wants, and then you put it in the cart and 02:23PM 20
get enough votes to move it forward. Then as president pro tem, 21
I like to see the Senate act, and I've tried to run it -- I can 22
only speak for myself -- even though it became partisan, I 23
really didn't want to go there with that. But I tried to run 24
the Senate on a bipartisan basis. 02:23PM 25
9 of 59 sheets Page 195 to 198 of 325 08/28/2012 10:15:12 PM
195
In the end you voted for a version of the legislation that 1 Q.
did not include early voting. 2
That is correct. 3 A.
Why did you do that? 4 Q.
Because it was the best that we could get, and I was for 02:24PM 5 A.
myself comfortable I had gotten the best deal I could get for 6
the Senate. And I also felt like the House would send us an 7
early voting bill. But I felt like I had gotten the best deal I 8
could get and get everything I wanted. But that's a conference 9
committee, it's a give-and-take. That's the way conference is, 02:24PM 10
unfortunately, sometimes. 11
And in the end the version of the bill that you voted for, 12 Q.
did you think at the time you voted for it that it would 13
disenfranchise any voters? 14
No. I felt like we had preserved the outreach, the 02:24PM 15 A.
education, the challenged ballot, what we call the provisional 16
ballot, the reasonable impediment. Those things were in there. 17
And that's why to me, I had no problem with the transition into 18
it. We tried to make sure those things were in there so that 19
those folks who did not have IDs wouldn't be left out. 02:25PM 20
Now, nothing's going to be perfect, but I did the best I 21
could do with the bill, and I made sure that those things were 22
in there, and we didn't have any of that absentee voting 23
precinct language in there. So I felt like along the way I 24
accomplished some things. 02:25PM 25
196
MR. POTENZA: Thanks very much. 1
HON. COLLEEN KOLLAR-KOTELLY: Any redirect from either 2
one of you? 3
MR. BEENEY: No, Your Honor. Thank you. 4
MS. BALDWIN: No, Your Honor. 02:25PM 5
HON. COLLEEN KOLLAR-KOTELLY: All right. Thank you. 6
All right. Thank you, sir. You may be excused. 7
(The witness steps down.) 8
MR. BARTOLOMUCCI: The state is now prepared to call 9
Ms. Marci Andino. 02:26PM 10
HON. COLLEEN KOLLAR-KOTELLY: Ms. Andino, if you would 11
step up over here, please. 12
MARCI ANDINO, WITNESS FOR THE PLAINTIFF, SWORN 13
MR. BOWERS: Good afternoon, Your Honors. My name is 14
Butch Bowers. I'm here on behalf of the state of South 02:27PM 15
Carolina, may it please the Court. 16
EXAMINATION 17
BY MR. BOWERS: 18
Ms. Andino, good afternoon. 19 Q.
Good afternoon. 02:28PM 20 A.
Please state your full name for the record. 21 Q.
Marci Andino. 22 A.
Ms. Andino, what is your current position? 23 Q.
I'm the executive director of the State Election 24 A.
Commission. 02:28PM 25
197
How long have you held that position? 1 Q.
Almost 10 years. 2 A.
Almost 10 years as the executive director of the State 3 Q.
Election Commission? 4
That's correct. 02:28PM 5 A.
In South Carolina? 6 Q.
Yes. 7 A.
Tell us a little bit about your work history. Is that your 8 Q.
only experience in the election field? 9
No. I spent 16 years with the agency in various positions 02:28PM 10 A.
before leaving the agency for two and a half years and then 11
returning as the executive director. 12
Tell the Court, please, ma'am, a little bit about the 13 Q.
commission itself, the composition, the membership, how the body 14
is structured. 02:29PM 15
The State Election Commission is an independent agency. 16 A.
We're not under any elected officials, so we're an independent 17
agency, and we have a five-member commission that is appointed 18
by the governor. The composition, the law requires that we have 19
at least one member of the major political party and one member 02:29PM 20
of the largest minority political party, as represented in the 21
General Assembly, so basically that translates to one Democrat, 22
one Republican. 23
Do you serve at the pleasure of the commission? 24 Q.
I do. 02:29PM 25 A.
198
Who's the chairman of the commission? 1 Q.
Johnny Hudgens. 2 A.
We're here of course today on the R54. When I say R54, do 3 Q.
you know what I'm referring to? 4
Photo ID. 02:29PM 5 A.
You're familiar with this? 6 Q.
Yes. 7 A.
Were you involved in the legislative process as the 8 Q.
executive director of the commission? 9
I was not involved in drafting the legislation, but I did 02:30PM 10 A.
testify as the bill moved through subcommittees. 11
Did you testify in both the House subcommittee and the 12 Q.
Senate subcommittee? 13
Yes. 14 A.
Did you also provide information to the various staffs of 02:30PM 15 Q.
both chambers? 16
Yes. 17 A.
Ms. Andino, I want to ask you a little but about the 18 Q.
current statute before we move into the R54. Are you familiar, 19
in your position as executive director, are you familiar with 02:30PM 20
the current identification requirements in the election code? 21
Yes. 22 A.
Tell the Court, if you would, about the requirement for 23 Q.
identification in the election code before it was amended with 24
R54. 02:30PM 25
08/28/2012 10:15:12 PM Page 199 to 202 of 325 10 of 59 sheets
199
The current code requires either a South Carolina driver's 1 A.
license, an identification card issued by DMV, or a voter 2
registration card. 3
What does the poll manager do when he or she receives the 4 Q.
form of identification that the voter presents? 02:31PM 5
The poll manager would find the voter on the voter 6 A.
registration list and then instruct the voter to sign the poll 7
list. The poll manager is supposed to compare the signature of 8
the voter with the identification that was presented along with 9
the signature on the poll list. 02:31PM 10
If the poll manager is not satisfied with the 11 Q.
identification, is the poll manager allowed to ask for further 12
identification? 13
Yes. If the poll manager's not satisfied, then they can 14 A.
ask for additional ID. 02:31PM 15
Okay. Is that discretionary in the poll manager? 16 Q.
It is. 17 A.
Has that provision changed in R54? 18 Q.
I don't believe so. 19 A.
Let's get into the guts of R54. What I want you to tell 02:32PM 20 Q.
the Court today, I want you to talk about implementation. Who's 21
responsible for the implementation of R54? 22
The State Election Commission and county election 23 A.
commissions are responsible for the implementation. 24
In your role as executive director, does that make you, for 02:32PM 25 Q.
200
lack of a better term, the point person for implementation? 1
It does. 2 A.
Before we get into the meat of implementation, does the 3 Q.
five-member commission you referred to earlier, do they have to 4
take any special action to authorize you to implement R54? 02:32PM 5
No. 6 A.
Tell us a little bit about your authority in the role of 7 Q.
executive director. 8
I'm responsible for the day-to-day operations of the 9 A.
agency, and that would consist of administration as well as 02:33PM 10
training, overseeing the statewide voter registration system, 11
and the statewide voting system. And we provide support to 12
counties in the conduct of elections. 13
So is it fair to say that you're authorized to implement 14 Q.
all of the election code in your role as executive director? 02:33PM 15
Yes. 16 A.
On a day-to-day basis? 17 Q.
Yes. 18 A.
And that's without a vote of the election commission 19 Q.
itself, correct? 02:33PM 20
That's correct. 21 A.
I'm going to go through some elements of the implementation 22 Q.
requirements of R54 and I'd like you to elaborate for the Court, 23
please. Voter education. Is there a voter education component 24
to R54? 02:33PM 25
201
Yes, there's an aggressive voter education component to the 1 A.
act. 2
Could you tell the Court a little bit about what you're 3 Q.
going to do in your role as executive director of the State 4
Election Commission to educate voters on the changes of R54? 02:34PM 5
We've been preparing materials that would be necessary for 6 A.
educating voters, poll managers, and also the general public -- 7
well, general public and county election officials. And we are 8
prepared to move forward with the implementation of the voter 9
education plan on day one of preclearance. 02:34PM 10
Ms. Andino, I've put on the ELMO here a document that's 11 Q.
marked as Plaintiff's Exhibit No. 81. Do you recognize this 12
document? 13
Yes, I do. 14 A.
Could you tell the Court what this is? 02:34PM 15 Q.
This is a document -- this is what we have created, and our 16 A.
messaging is consistent. I believe this is a newspaper ad. We 17
also have posters and brochures, and our messaging is consistent 18
throughout all of these documents. We worked with Chernoff 19
Newman. They are a public relations, and they've done a lot of 02:35PM 20
voter education work for us over the years, so we've relied on 21
professionals to help develop the message so it's clear and 22
concise for voters. 23
Just so the Court's -- I know who Chernoff Newman is 24 Q.
because I live in Columbia, like you do, but tell the Court, 02:35PM 25
202
please, who Chernoff Newman is. 1
Chernoff Newman is a public relations and advertising 2 A.
agency in Columbia, South Carolina. 3
And the election commission has retained the services of 4 Q.
Chernoff Newman to help with the voter education program of R54? 02:35PM 5
We have worked with Chernoff Newman since 2004 on various 6 A.
voter education projects, and we currently have a contract in 7
place with them. So we've relied on their expertise in 8
developing these materials. 9
How about, is there a special month set aside for voter 02:36PM 10 Q.
education? 11
Yes. Next month. September will be declared Voter 12 A.
Education Month by Governor Haley. 13
So she's going to make a gubernatorial declaration that 14 Q.
this is Voter Education Month? 02:36PM 15
That's correct. 16 A.
And what are you going to do as part of that voter 17 Q.
education effort in September? 18
We have a variety of events planned. We start off with a 19 A.
press conference and voter registration drive on the grounds of 02:36PM 20
the State House. We will be working with county voter 21
registration and election commissions and providing them with 22
materials to get out to their local media. We focus the month 23
on reminding voters that they have roughly 30 days to register 24
to vote prior to the general election, and then we also remind 02:37PM 25
11 of 59 sheets Page 203 to 206 of 325 08/28/2012 10:15:12 PM
203
them to check their addresses to make sure that they are 1
registered to vote and at the current correct address. 2
We're prepared to shift gears in the middle of the month if 3
we have to. We have two pending projects that could change our 4
messaging. One is online voter registration. That legislation 02:37PM 5
passed this year, and it's currently awaiting preclearance by 6
the Department of Justice. So we'll include that in messaging 7
if that's precleared. And then of course the outcome of photo 8
ID will be included if preclearance is granted. 9
Okay. Anything else on voter education efforts that either 02:37PM 10 Q.
you or the commission plan on doing? 11
That's the major effort for September. 12 A.
What's the purpose -- from your vantage point, what's the 13 Q.
purpose of this voter education effort in light of R54? 14
It's to raise awareness of the change and to make sure that 02:38PM 15 A.
every voter is aware of the change and that they have a photo ID 16
when they go to the polls. 17
Ms. Andino, I'm going to put up on the ELMO page 1 of a 18 Q.
multipage exhibit. This is Plaintiff's Exhibit No. 88. It's 19
entitled "Photo ID voter education plan." Do you recognize this 02:38PM 20
document? 21
Yes, I do. 22 A.
As I said, it's a multiple-page document. Tell the Court 23 Q.
what this is, please. I'm not going to go through every page, 24
but could you just tell the Court generally speaking what 02:39PM 25
204
Plaintiff's Exhibit No. 88 is. 1
This is the voter education plan that was developed by my 2 A.
office in conjunction with Chernoff Newman. It covers all 3
aspects of the voter education and outreach efforts that we will 4
take part in if the legislation -- if the act is precleared. 02:39PM 5
I want to move next to poll worker and poll manager 6 Q.
training, or just training in general. Tell the Court what your 7
plans are with regard to training in light of R54. 8
We update our poll manager handbook, and this is a document 9 A.
that the State Election Commission produces, and we update it 02:40PM 10
every two years to reflect any legislative changes. We make 11
copies and distribute to all 46 counties, and counties in turn 12
give that to the 20,000 poll managers that are needed for a 13
statewide election. 14
We also produce -- we have an online poll manager training 02:40PM 15
module, so if poll managers can't attend the in-person training, 16
they can attend or they can take the training online, and we 17
create a PowerPoint presentation and other materials for all 46 18
counties to use in training poll managers. 19
Ms. Andino, I'm going to put up on the screen a document 02:40PM 20 Q.
that is marked as Plaintiff's Exhibit No. 97, entitled "The Poll 21
Manager's Handbook." Do you recognize this document? 22
I do. 23 A.
Is this what you were just describing? 24 Q.
Yes. It's one of the documents I was just describing. 02:41PM 25 A.
205
This is our 2012 edition of the poll manager handbook, created 1
by our office and then provided to the counties, so they can 2
provide copies to each of the poll managers. 3
Why does the State Election Commission provide the training 4 Q.
manuals for the counties? 02:41PM 5
We provide the training manuals so poll managers in all 46 6 A.
counties will get a consistent message. 7
I want to ask you a little bit about the procedures for 8 Q.
providing guidance. Let me ask you this. Is there a state law 9
that requires the counties to comply with your guidance? 02:41PM 10
I don't believe there is specifically. 11 A.
Tell the Court about your experience, absent a state law 12 Q.
that mandates the 46 counties' compliance with your directives, 13
tell the Court about your experience in terms of how the 14
counties generally respond to your guidance. 02:42PM 15
Throughout the history of the agency, we've had a very good 16 A.
working relationship with all of the county election officials, 17
and they look to us for guidance on a day-to-day basis. 18
And are they accustomed to receiving guidance from your 19 Q.
agency? 02:42PM 20
They are. 21 A.
Is it the norm that they follow your guidance? 22 Q.
It is. 23 A.
Ms. Andino, I'm going to put up on the ELMO a document 24 Q.
that's marked as Plaintiff's Exhibit No. 101. It's entitled 02:43PM 25
206
"Resolving Issues with Identification." Do you recognize this 1
document? 2
Yes, I believe so. 3 A.
It's a two-page document. I'll show you the back side. 4 Q.
I'm not going to ask you to describe it. Is this just part of 02:43PM 5
the training that the commission provides? 6
It is. 7 A.
HON. COLLEEN KOLLAR-KOTELLY: Excuse me. Did your 8
commission prepare it? 9
THE WITNESS: The staff of the State Election 02:43PM 10
Commission prepared it. 11
HON. COLLEEN KOLLAR-KOTELLY: Go ahead. 12
MR. BOWERS: Thank you, Your Honor. Could I have No. 13
79. 14
BY MR. BOWERS: 02:44PM 15
Ms. Andino, I'm going to show you one more document that 16 Q.
relates to training. It's a thick document. I won't go through 17
every page of this either. But I just want to make a reference 18
to it for the record. This is Plaintiff's Exhibit No. 79, and 19
the title of it is "The Voter Registration and Election 02:44PM 20
Commission Handbook." Do you recognize this document? 21
Yes, I do. 22 A.
Is this something that's prepared by your office? 23 Q.
It is. This is a document that has been in place for 24 A.
probably 30 years. It's updated on a regular basis, and it's 02:44PM 25
08/28/2012 10:15:12 PM Page 207 to 210 of 325 12 of 59 sheets
207
the handbook that's used by our county election and voter 1
registration staff and commissioners. 2
Does Chernoff Newman help with the development of this 3 Q.
product as well or was this all in-house? 4
This was done in-house. 02:44PM 5 A.
Did I understand you correctly that this document's been 6 Q.
around for decades? 7
Yes. 8 A.
But I see on here the date is June 1, 2012. Does that mean 9 Q.
it's updated regularly? 02:45PM 10
It's updated anytime there's a change in legislation or 11 A.
procedure. 12
Okay. Does this document, to your knowledge, include any 13 Q.
directives or guidance with regard to R54? 14
It does not at this time, but if we receive preclearance, 02:45PM 15 A.
then it will be updated to reflect those changes. 16
Very well. Ms. Andino, are you aware of the requirement in 17 Q.
R54 that says the photo identification must be current and 18
valid? 19
I am. 02:45PM 20 A.
Tell the Court, please, ma'am, what does that language mean 21 Q.
to you? 22
To me a current photo ID would be one that has not expired, 23 A.
that has a current date on it. And valid would be one -- it 24
would have to be one of the five forms that are defined in the 02:46PM 25
208
legislation. 1
Tell the Court, please, what are those five forms? 2 Q.
South Carolina driver's license, an ID card issued by DMV, 3 A.
Division of Motor Vehicles, a passport, a military ID issued by 4
the federal government, or a voter registration card containing 02:46PM 5
a photograph. 6
And at least one of the examples of the education materials 7 Q.
that we talked about a little while ago that I put up on the 8
screen, does that include a reference to all five forms of 9
identification? 02:46PM 10
Yes. 11 A.
Let me ask you this, Ms. Andino. If there's a question 12 Q.
about whether an ID is current or valid -- let's say it's not 13
clear from the face of the document -- what would your 14
instruction be to the counties? 02:47PM 15
I would instruct them to, you know, use their best judgment 16 A.
and to err on the side of the voter. 17
When you say err on the side of the voter, elaborate on 18 Q.
that, please, if you would just for a moment. Tell the Court 19
what you mean by that? 02:47PM 20
It's really a consistent theme, and we say it often, and 21 A.
counties do too. A lot of times there's a gray area in 22
legislation or in procedures, and we make every attempt that we 23
can not to disenfranchise a voter. So if there's any doubt, 24
then the voter should be permitted to register, permitted to 02:47PM 25
209
vote, or whatever the situation might be. 1
We're still talking about under the broad heading of 2 Q.
implementation of R54. Tell the Court if you would, Ms. Andino, 3
about photographic equipment and what the commission's going to 4
do to make sure that's available. 02:48PM 5
We have researched equipment that would be needed to 6 A.
produce photo identification cards. We've looked at the 7
equipment that's used by the Division of Motor Vehicles, and 8
we've also checked what equipment's available on state contract. 9
In preparing our new voter registration system that's used, this 02:48PM 10
is the database that houses all of the voter registration 11
records for the state. 12
While that was being developed, the ability to capture a 13
photograph was built into the system. We have identified both 14
cameras that would be needed and printers, and we've thoroughly 02:48PM 15
tested the system with both. So if we receive preclearance, 16
then we're ready to place an order for the equipment that would 17
be needed to produce the IDs. 18
Do you in fact have -- you said you tested them. How have 19 Q.
you tested them? Have you purchased some of these equipment 02:49PM 20
items? 21
Yes. We've purchased them, and both my staff and the 22 A.
vendor have tested them for compatibility with our computer 23
system. 24
So you have the vendor identified, you've tested the 02:49PM 25 Q.
210
equipment, and if preclearance is obtained, you're ready to 1
implement in -- give the Court a sense of the time frame. 2
On day one we'll place the order for the equipment that's 3 A.
needed. The vendor has said that the equipment is readily 4
available and we should have it in a few weeks. 02:49PM 5
Two weeks? Four weeks? Eight weeks? 6 Q.
I would say between two and four. 7 A.
Ms. Andino, are you aware that R54 has a provision 8 Q.
regarding a reasonable impediment to vote, or to obtain a photo 9
ID rather? 02:50PM 10
I am. 11 A.
Tell us what your understanding of the reasonable 12 Q.
impediment provision of R54 is. 13
If a voter suffers from a reasonable impediment that has 14 A.
prevented him or her from obtaining a photo ID, then the voter 02:50PM 15
would be permitted to vote a provisional ballot. 16
If there's a question about whether the impediment is 17 Q.
reasonable, how would that question be resolved? 18
I believe it's up to the voter to determine if they have a 19 A.
reasonable impediment. 02:50PM 20
So does that mean the reasonableness of the impediment is 21 Q.
subjective as to the voter? 22
Yes. 23 A.
Then is it fair to say that the poll managers and then the 24 Q.
county boards have discretion to determine whether the affidavit 02:51PM 25
13 of 59 sheets Page 211 to 214 of 325 08/28/2012 10:15:12 PM
211
that's sworn out about the impediment is false? They have 1
discretion to determine that? 2
I believe that the county board is supposed to count the 3 A.
provisional ballot unless they have evidence that the affidavit 4
is false. 02:51PM 5
So the vote counts unless there's proof that the affidavit 6 Q.
is false. 7
That's right. 8 A.
Ms. Andino, I'm going to put a document on the ELMO here. 9 Q.
This is Plaintiff's Exhibit No. 99. As you can see, it has your 02:51PM 10
agency's masthead at the top, and it's entitled "Reasonable 11
Impediment/Religious Objection Procedures." Do you recognize 12
this document? 13
I do. 14 A.
Please tell the Court what this is. 02:51PM 15 Q.
It's the procedures that we have developed for poll 16 A.
managers and county election commissions to follow regarding 17
reasonable impediments and religious objections that a voter 18
might have to being photographed. 19
Is this part of the guidance that your agency will provide 02:52PM 20 Q.
to ensure uniformity across the 46 counties? 21
It is. 22 A.
Is this the final product? 23 Q.
It is the latest version. With all of our procedures, we 24 A.
find that once we go through a statewide election, there may be 02:52PM 25
212
adjustments that we need to make based on lessons learned, but 1
it is the current version of this document. 2
So much like Plaintiff's Exhibit No. 79, the Voter 3 Q.
Registration and Election Commission Handbook, it's subject to 4
revision and updating as lessons are learned through election 02:52PM 5
experience, correct? 6
That's correct. 7 A.
Let's talk a minute about the affidavit. You understand 8 Q.
there's a requirement for an affidavit to be sworn out if a 9
voter believes they have a reasonable impediment to obtaining an 02:53PM 10
identification? 11
That's correct. 12 A.
Tell the Court about that process and how you envision it 13 Q.
working. 14
The poll manager would ask the voter if they have one of 02:53PM 15 A.
the five required forms of ID, and if they do not, the poll 16
manager would ask if they suffered from a reasonable impediment 17
that prevented them from getting an ID. And if they do, then 18
they would fill out the affidavit that's on the provisional 19
ballot envelope, and they would indicate that there was a 02:53PM 20
reasonable impediment, they would make note of the reasonable 21
impediment unless it was prohibited by state or federal law from 22
disclosing that reason, and then the poll manager, a notary, 23
would sign the affidavit and the person would vote a provisional 24
ballot. 02:54PM 25
213
You mentioned notary. I want to get to that in a second. 1 Q.
But I want to ask you a question, a hypothetical, if you will. 2
Let's say a voter presents himself to a polling place and says I 3
don't have a photo ID but I have a reasonable impediment. The 4
poll manager hands him the affidavit on the back of the envelope 02:54PM 5
and he says, I've got a medical condition that I don't want to 6
reveal by -- I'm not required to reveal under federal law. So 7
he doesn't put anything down on the affidavit; is that correct? 8
He could note "medical" or "undisclosed," something to let 9 A.
the county know why there was nothing written there. 02:54PM 10
Okay. And then fast-forward to the challenged ballot 11 Q.
hearing or the provisional ballot hearing a couple of days 12
later. How can the board determine whether the basis for the 13
impediment is false if it's either blank or undisclosed? 14
It's up to the board to count -- or the board should count 02:55PM 15 A.
the ballot unless they have evidence to prove that it's false. 16
So the burden is not on the voter; it would be on a challenger. 17
What would your guidance be -- what will your guidance be 18 Q.
to the 46 counties to ensure that that is in place? 19
In this situation, I would have them to communicate to the 02:55PM 20 A.
poll worker that they should write, you know, "medical condition 21
not disclosed" or something on the envelope, to never leave it 22
blank so there's never a question about it. 23
So in that example that we've used here, if that is the 24 Q.
basis for the reasonable impediment that the voter puts down on 02:55PM 25
214
the affidavit, then what would your guidance to the county 1
boards be in terms of whether to count the vote or not count the 2
vote? 3
They should count the vote unless evidence has been 4 A.
presented saying that that affidavit is false. 02:56PM 5
And your desire is to make sure that that rule is followed 6 Q.
uniformly across all 46 counties, correct? 7
That's right. 8 A.
You mentioned notaries and I promised we'd get back to it. 9 Q.
I want to get back to it now. Tell us about your understanding 02:56PM 10
of the requirement for notaries. 11
HON. JOHN D. BATES: Before we get to that, let me ask 12
a question. You said the poll manager will ask the individual 13
voter whether he or she has a reasonable impediment that 14
prevents or prevented them from getting an ID. Let's assume 02:56PM 15
that the answer that he gets to that question is, "What's a 16
reasonable impediment? What do you mean? What are you asking 17
me?" Have you issued any guidance or do you intend to issue any 18
guidance on what the poll manager should do to explain that to 19
the voter? 02:57PM 20
THE WITNESS: We have provided in our reasonable 21
impediment procedures some examples of what a reasonable 22
impediment might be, and if there is an issue, we'll certainly 23
further define that. But to me it means any circumstance that 24
the voter has that may have prevented them from getting a photo 02:57PM 25
08/28/2012 10:15:12 PM Page 215 to 218 of 325 14 of 59 sheets
215
ID, whether it's physical, medical or transportation related or, 1
you know, short time frame in between implementation and an 2
election. 3
HON. JOHN D. BATES: Is something along those lines 4
intended to be included in the guidance to these, what is it, 02:57PM 5
20,000 poll managers? 6
THE WITNESS: That's correct. 7
HON. JOHN D. BATES: Is something along the lines of 8
that explanation intended to be included? 9
THE WITNESS: Yes, sir. I believe that most of that 02:57PM 10
is in there. 11
HON. COLLEEN KOLLAR-KOTELLY: If I could just ask, 12
that has not been sent out yet, I take it, because R54 hasn't 13
been precleared. Is that correct? 14
THE WITNESS: That's right. We've held training 02:58PM 15
meetings with counties and we've briefed them, but we have not 16
given them any of the documents, except they do have a copy of 17
what was submitted in the preclearance request last year, and it 18
created some confusion because there's a sample press release in 19
there, and I think it was dated about this time last year, which 02:58PM 20
would have coincided with the 60th day. Some of the counties 21
saw that and were confused and thought that preclearance had 22
been granted. 23
So we haven't distributed the materials to the counties, 24
but we have drafts, or we have them in a format that we're ready 02:58PM 25
216
to produce and supply to them, you know, upon preclearance. And 1
we communicate with our counties through an intranet site. So 2
once we post a document, they have it, so there's no delay. 3
HON. BRETT KAVANAUGH: Would everyone have a 4
reasonable impediment for the 2012 election because of the short 02:59PM 5
time frame? 6
THE WITNESS: Well, I guess that's possible because 7
there is a short time frame. We heard from a lot of voters in 8
January when we held the presidential preference primary, and 9
also in June for our statewide primary, and we had a number of 02:59PM 10
calls from voters who thought the photo ID bill was already in 11
place and they were concerned because poll managers were not 12
asking for one of those five forms of ID. So it's taken a 13
little education. There's been a lot of discussion about it. 14
So a lot of voters already think it's in place. 02:59PM 15
HON. BRETT KAVANAUGH: I don't want to interfere with 16
the questioning, but that question I had is pretty important, I 17
think, to how this -- if every single voter, if it's precleared 18
in September, would have a reasonable impediment because of the 19
short time frame, it's unclear... 03:00PM 20
THE WITNESS: Some of those voters would be able to 21
obtain the necessary photo ID, but if we had 100,000 people show 22
up and say I have a reasonable impediment, I just learned about 23
this or I just didn't have a chance, then yes. 24
HON. COLLEEN KOLLAR-KOTELLY: If I could ask, then, is 03:00PM 25
217
the poll worker going to have the discretion to decide what is 1
reasonable? You've indicated examples that, you know, they're 2
disabled or some other problem. But what if somebody comes in 3
and just gives a flip answer, you know, I don't want to do it, 4
or something like that? Are they required to accept it or not? 03:00PM 5
I mean, do they have some discretion as to what's reasonable? 6
THE WITNESS: I think the reasonability test is on the 7
voter. If they feel like they have a reasonable impediment, 8
then the poll manager should allow them to vote the provisional 9
ballot. 03:01PM 10
HON. JOHN D. BATES: And to follow up on Judge 11
Kavanaugh, the answer that I didn't have time over the past 12
couple of weeks, that would be sufficient? 13
THE WITNESS: Yes. 14
BY MR. BOWERS: 03:01PM 15
Marci, to follow up with some of the questions the Court 16 Q.
was just asking you, which obviously were excellent questions 17
and cut to the heart of this. Did you ask the Attorney 18
General's office for an opinion on what would constitute a 19
reasonable impediment in terms of timing and preclearance? 03:01PM 20
Yes, I did. 21 A.
Did you receive an opinion from the AG, South Carolina 22 Q.
Attorney General's office? 23
I did. 24 A.
What did they tell you? 03:01PM 25 Q.
218
They used several examples. One is a person not having a 1 A.
birth certificate, another was a physical disability, and then 2
they also, I had specifically asked about a short time frame 3
between preclearance and an election. 4
Not that you're bound by this, but did the Attorney 03:02PM 5 Q.
General's office issue a date certain in their opinion in terms 6
of preclearance must be obtained prior to X date; otherwise, 7
every one of these voters would have a potentially reasonable 8
impediment? Did the Attorney General's office opinion touch on 9
that? 03:02PM 10
I don't believe there was a specific date. We just talked 11 A.
about a short time frame, and I believe that, you know, that 12
depends on the voter. 13
Ms. Andino, again to follow up on this, the exhibit that 14 Q.
happens to still be on the screen, Plaintiff's Exhibit No. 99, 03:02PM 15
this is the -- if I recall -- tell the Court what this is again, 16
please. 17
This is the procedures for reasonable impediment and also 18 A.
the religious objection to being photographed. 19
And this is a supplement to what? 03:03PM 20 Q.
It will be a supplement to both the voter registration and 21 A.
election handbook and to the poll manager's handbook. 22
I'll point your attention specifically on page 1 of this 23 Q.
exhibit, Plaintiff's Exhibit No. 99, the definitions, No. 1, 24
reasonable impediment. Do you see that? 03:03PM 25
15 of 59 sheets Page 219 to 222 of 325 08/28/2012 10:15:12 PM
219
Yes. 1 A.
So this is the training that, once preclearance is 2 Q.
obtained, this is part of the training that's going to go out to 3
all 46 counties, correct? 4
That's correct. 03:03PM 5 A.
As it just so happens, what you just described in the 6 Q.
Attorney General's opinion appears right there in the training, 7
correct? 8
That's correct, and we've also included a note that it's 9 A.
not an exclusive list because we're sure that, you know, as time 03:03PM 10
goes on, we will find voters have reasonable impediments that we 11
did not think of, so we wanted to make sure that it was clear 12
that it did not have to be one of the three that was listed. 13
HON. JOHN D. BATES: That definition of reasonable 14
impediment has to begin with three parts. I'm having a hard 03:04PM 15
time reading it, but it says "any valid reason beyond the 16
voter's control which created an obstacle." So there are three 17
things there: valid reason, beyond the voter's control, created 18
an obstacle. Are all three of those determinations up to the 19
voter, or does the poll manager make some assessment under this 03:04PM 20
definition of whether it's a valid reason, whether it's 21
something that was beyond the voter's control, and whether it 22
actually created an obstacle? 23
THE WITNESS: I think that it's up to the voter to 24
decide if they have a reason. And we're going to err on the 03:04PM 25
220
side of the voter and give them as much latitude as possible 1
and, you know, not ask the poll managers to determine if it's 2
valid or not. If the voter believes that they have a reasonable 3
impediment, that should be good enough for the poll manager. 4
BY MR. BOWERS: 03:05PM 5
And Marci, in fact, isn't that consistent with your 6 Q.
testimony just a little while ago when I asked you, is it 7
subjective, the determination of a reasonable impediment; that's 8
subjective, correct? 9
Right. 03:05PM 10 A.
Subjective as to the voter? 11 Q.
Right. 12 A.
Let me throw this hypothetical out. Since the Court has 13 Q.
brought this issue to light, and again, I think it's a very 14
important issue to discuss, let's say that preclearance from 03:05PM 15
this court is obtained on November 1. What day is election day 16
in South Carolina? 17
November 6. 18 A.
Let's say it's November 1. So is it your testimony that 19 Q.
registered voters who lack one of the required photo IDs will 03:05PM 20
have by definition a reasonable impediment to obtaining it? 21
Absolutely. 22 A.
And then they'd be able to cast a provisional ballot? 23 Q.
That's right. 24 A.
And your guidance in that circumstance, your guidance to 03:06PM 25 Q.
221
the counties would be to what? 1
To count the ballot. 2 A.
HON. JOHN D. BATES: To just follow up on that, if 3
November 1 is the date that preclearance is obtained, you can't 4
get the photo equipment that you need, can you? 03:06PM 5
THE WITNESS: No. So there would be another 6
reasonable impediment. 7
HON. BRETT KAVANAUGH: November 1 makes it easy. What 8
about September 15? 9
THE WITNESS: I think a lot of voters would have a 03:06PM 10
reasonable impediment even on September 15. 11
HON. BRETT KAVANAUGH: It's up to them? 12
THE WITNESS: It's up to the voter as to whether or 13
not they have a reasonable impediment. And we're going to do 14
everything in our power to reach the voters and make sure that 03:06PM 15
everyone's aware of the change, but if they didn't have the 16
opportunity to get a photo ID between September 15 and November 17
6, then that would be a reasonable impediment. 18
HON. COLLEEN KOLLAR-KOTELLY: In terms of here, 19
evidently during September you're going to be trying to register 03:07PM 20
new voters, I take it that they're going to get a voter 21
registration card without a photo on it. 22
THE WITNESS: That's correct. 23
HON. COLLEEN KOLLAR-KOTELLY: So for the new people 24
that are registering in September, they would then have to come 03:07PM 25
222
back at a later point to get one with a photo on it, assuming 1
they don't have a driver's license, DMV, or one of these other 2
forms of identification; is that correct? 3
THE WITNESS: That's correct. 4
BY MR. BOWERS: 03:07PM 5
In that circumstance, all they'll have to do is turn in 6 Q.
their initial -- their pictureless registration card, correct? 7
That's right. 8 A.
And then have a photograph taken, of course. And then -- 9 Q.
let's shift to this just for a second while we're on the topic. 03:07PM 10
Assuming that preclearance is obtained on or about September 15 11
and you're right smack in the middle of voter education month. 12
Do you have any plans to get out to the rural areas of the state 13
to get the word out? 14
Yes. Upon preclearance I will contact DMV and get a new 03:08PM 15 A.
copy of their driver's license and their identification card 16
file. We'll determine how many voters that we need to reach, 17
and we'll concentrate our efforts on the areas with the highest 18
percentage of voters that need or may not have a photo ID. 19
We're only checking driver's license and ID cards issued by DMV, 03:08PM 20
so we wouldn't have any way of knowing if they have one of the 21
other forms of ID. 22
But we have a bus that we used in 2004 and 2005 when we 23
implemented a new statewide electronic voting system, and we had 24
a massive voter education program to let voters know about that 03:09PM 25
08/28/2012 10:15:12 PM Page 223 to 226 of 325 16 of 59 sheets
223
change. So we still have the bus. It can go -- it's highly 1
visible, so, you know, we coordinate with counties and with 2
local media and we send it out to locations. And we can put 3
camera equipment on the bus and county election officials and 4
produce cards on the spot. 03:09PM 5
So you already have a mobile bus unit, and you have 6 Q.
photograph equipment already that you've already purchased for 7
the testing; is that correct? 8
That's correct. 9 A.
So when you said you could put it on the bus, is that what 03:09PM 10 Q.
you're talking about? 11
Yes. 12 A.
Let's say preclearance is obtained on September 15. On 13 Q.
September 16 the bus can go to McCormick County and get the word 14
out. Probably take a couple of days to get the word out, but 03:09PM 15
then the bus could go out to McCormick County or Hampton County 16
or anywhere else in the state and provide photographic voter 17
registration cards on the spot, right? 18
Yes. We're prepared to start immediately. 19 A.
MS. MEZA: Objection. Several of Mr. Bowers' 03:10PM 20
questions have been leading. 21
HON. JOHN D. BATES: Some of them have been leading, 22
so let's refrain from leading questions. But let me ask -- 23
MR. BOWERS: Yes, Your Honor. 24
HON. JOHN D. BATES: It sounds to me, from your 03:10PM 25
224
perspective at least -- let me ask it this way. Is there any 1
voter in your view who could vote under the current law, the 2
current system, who if R54 is precleared and they show up at the 3
polling place, will not be permitted to vote? If reasonable 4
impediment is just anything they say, is there anyone who won't 03:11PM 5
be permitted to vote? 6
THE WITNESS: Not that I'm aware of. 7
HON. JOHN D. BATES: So in your view, everyone will be 8
permitted to vote, and their vote will count? 9
THE WITNESS: If they have a reasonable impediment, 03:11PM 10
yes. 11
HON. JOHN D. BATES: And a reasonable impediment is 12
anything they say. 13
THE WITNESS: Yes. If they feel like they have a 14
reasonable impediment. 03:11PM 15
HON. JOHN D. BATES: Can you imagine anything that a 16
voter would answer in response to the poll manager's question, 17
do you have a reasonable impediment, and then an explanation of 18
what that is, can you imagine anything that a voter would answer 19
that would not be sufficient to allow them to vote? 03:11PM 20
THE WITNESS: They could answer, no, I don't have a 21
reasonable impediment. But other than that, the poll manager's 22
not going to be making the determination as to whether or not 23
it's reasonable. If the voter says, I have a reasonable 24
impediment, then I think we should take his word. He's signing 03:11PM 25
225
a sworn affidavit that that's true. 1
HON. BRETT KAVANAUGH: If it later turns out to be 2
false, for example, you say I have a medical condition and you 3
didn't, that could be challenged later? 4
THE WITNESS: That could be challenged at the 03:12PM 5
challenged ballot hearing, and the board then would have the 6
discretion not to count the ballot. But they have to have 7
evidence that -- 8
HON. BRETT KAVANAUGH: Right. I'm not sure how that 9
would be challenged, but... 03:12PM 10
HON. COLLEEN KOLLAR-KOTELLY: So the falsity is not 11
the falsity of the identification. It also includes the falsity 12
of the reasonable impediment. Is that what you're saying? 13
THE WITNESS: I believe the way it's stated is that 14
the ballot should be counted unless evidence is presented to say 03:12PM 15
that the affidavit is incorrect or is false. 16
HON. COLLEEN KOLLAR-KOTELLY: But is the falsity, does 17
it encompass the reason that was given as a reasonable 18
impediment, or just the other information that I'm so-and-so and 19
I live at this address and this is my signature. 03:12PM 20
THE WITNESS: No, I believe it includes the reason. 21
HON. JOHN D. BATES: Because there's a blank that you 22
say has to be filled in, should always be filled in with some 23
reason given. 24
THE WITNESS: That's correct. 03:13PM 25
226
HON. COLLEEN KOLLAR-KOTELLY: One other follow-up 1
while we're talking. 2
MR. BOWERS: Sure. 3
HON. COLLEEN KOLLAR-KOTELLY: As I understand it then, 4
the bus that's supposed to go out, if it got precleared, already 03:13PM 5
has the equipment so it immediately could do the photo. But I 6
take it that at the offices, at the county offices, you have to 7
order the equipment, and if the day after -- you would not be 8
able to do the photo registration cards, you would have to order 9
the equipment and it would come, say, two or three weeks later. 03:13PM 10
Is that correct? 11
THE WITNESS: That's right. The county offices aren't 12
equipped at this point, but we do have several cameras and 13
printers that we have acquired for testing. And also, for over 14
a year now, voters have been able to go into DMV and get a free 03:13PM 15
ID as well. So there is another source currently available. 16
HON. JOHN D. BATES: Let me follow up on Judge 17
Kotelly's question. If, on a subsequent challenge, it is 18
determined that the reasonable impediment given was false -- 19
let's just use the term false in both instances -- but that the 03:14PM 20
voter is who the voter said they were and hadn't previously 21
voted, their vote would still be disregarded because of the 22
falsity of the reasonable impediment given, even though they are 23
who they say they are? 24
THE WITNESS: They would have to show me -- if they 03:14PM 25
17 of 59 sheets Page 227 to 230 of 325 08/28/2012 10:15:12 PM
227
came in and showed a photo ID -- 1
HON. JOHN D. BATES: Let's say they did. They came in 2
and proved that they were who they said they were, but there was 3
also a challenge that the reasonable impediment was false, and 4
it proved out that it was false. Would their vote be 03:14PM 5
discounted? 6
THE WITNESS: As long as they produce the ID, I think 7
it would count. 8
HON. JOHN D. BATES: You think it would count, or we 9
can be confident it would count? 03:15PM 10
THE WITNESS: It would count. It would count. If 11
they come in -- let me make sure I have it right. If they come 12
in and they say I have a broken, you know -- or I've been 13
hospitalized or I have some medical condition that prevents me 14
from getting an ID, and then you find out two days later or 03:15PM 15
three days later that they did not have a medical condition, and 16
that was false -- 17
HON. JOHN D. BATES: Yeah, someone asked their sister, 18
who said no, they didn't have a broken foot. 19
THE WITNESS: But they present an ID at that point, 03:15PM 20
then they meet the requirements, and their vote would count. 21
HON. BRETT KAVANAUGH: Are you sure about that? 22
THE WITNESS: We would err on the side of the voter. 23
HON. COLLEEN KOLLAR-KOTELLY: I guess what we're 24
trying to get at is, what does the falsity go to? Is it just 03:15PM 25
228
the identification that you put on in the affidavit, or does the 1
falsity encompass whatever reason you've given for the 2
reasonable impediment? In other words, you can't lie about the 3
reasonable impediment, and you can't indicate that you're 4
somebody else on the material in terms of identification. 03:16PM 5
THE WITNESS: But I think it includes the -- it 6
includes the reason as well. 7
HON. COLLEEN KOLLAR-KOTELLY: So the falsity includes 8
the reason plus the -- 9
THE WITNESS: Person's identity. 03:16PM 10
HON. BRETT KAVANAUGH: So if you've given a false 11
affidavit, the vote counts but you get prosecuted? 12
HON. COLLEEN KOLLAR-KOTELLY: She just said it didn't 13
count. 14
HON. BRETT KAVANAUGH: No, she said it did count. 03:16PM 15
HON. JOHN D. BATES: I think she said it did count. 16
As long as they are who they said they were, it counts even 17
though the reasonable impediment given may prove to be false. 18
THE WITNESS: I don't believe they'll get prosecuted, 19
but I see your point. 03:16PM 20
HON. BRETT KAVANAUGH: For giving a false affidavit? 21
THE WITNESS: Yes. 22
HON. BRETT KAVANAUGH: You don't think they'd get 23
prosecuted? 24
THE WITNESS: I don't know. That would be up to the 03:17PM 25
229
solicitor. 1
HON. BRETT KAVANAUGH: Okay. 2
BY MR. BOWERS: 3
Let me ask a question that might illuminate this a little 4 Q.
bit. And pardon the potential leading nature of it. Let's 03:17PM 5
assume one of the hypotheticals that the Court provided where 6
somebody swears out a false affidavit but they do have an ID; 7
they just didn't bring it to the polling place and so they go 8
get one two days later. Would they swear out a reasonable 9
impediment affidavit, or would they just be able to cast a 03:17PM 10
regular provisional ballot? 11
If they had an ID and they did not have it with them, it 12 A.
would not be necessary for them to go through the reasonable 13
impediment process. They could simply say I don't have my ID 14
with me, and then they could produce it prior to or during the 03:17PM 15
challenged ballot hearing, and their ballot would be counted. 16
So if someone has an ID, in your opinion, given your 17 Q.
experience in the election field, if someone has an acceptable 18
form of photo ID and they present themselves to the polling 19
place, how likely is it that they will then claim, no, I have a 03:18PM 20
reasonable impediment, I need to swear out this affidavit? 21
Well, the first question that the poll manager is going to 22 A.
ask is do you have -- 23
MS. MEZA: Objection. Calls for speculation. 24
HON. COLLEEN KOLLAR-KOTELLY: I'll allow it to the 03:18PM 25
230
extent that she's answered a bunch of hypotheticals. We'll view 1
this as a hypothetical as well. So consider it that way. 2
THE WITNESS: Well, it's included in the document 3
that's on the screen. The first question that the poll manager 4
is going to ask is do you have a form of ID, and they're going 03:18PM 5
to say yes or no. If they say yes, but I don't have it with me, 6
then they could vote a provisional ballot. If they say no, I 7
don't have a form of ID, then the next question would be about 8
the reasonable impediment. So if they said they had a form of 9
ID, you would never get to the reasonable impediment process. 03:19PM 10
HON. JOHN D. BATES: And therefore never get to an 11
affidavit; they don't have to do an affidavit. 12
THE WITNESS: That's right. 13
MR. BOWERS: Thank you, Ms. Andino. 14
THE WITNESS: Sorry about that confusion. 03:19PM 15
MR. BOWERS: That's quite all right. May I continue? 16
HON. COLLEEN KOLLAR-KOTELLY: It's back to you. At 17
least for now. 18
(Laughter) 19
MR. BOWERS: I appreciate the help. That's okay. 03:19PM 20
HON. JOHN D. BATES: You may do it that way. 21
(Laughter) 22
BY MR. BOWERS: 23
I want to ask you about notaries for a moment. How many 24 Q.
polling places are in South Carolina? 03:19PM 25
08/28/2012 10:15:12 PM Page 231 to 234 of 325 18 of 59 sheets
231
Roughly 2,100. 1 A.
2,100, not 21,000? 2,100? 2 Q.
Polling places? 3 A.
Yes, ma'am. 4 Q.
2,100. 03:19PM 5 A.
What's your plan for -- what's your understanding about a 6 Q.
requirement for notaries under R54? 7
That a notary would be required to witness the affidavit. 8 A.
The reasonable impediment affidavit? 9 Q.
The reasonable impediment affidavit, yes. 03:20PM 10 A.
What's your plan for ensuring that notaries are available, 11 Q.
if you have one? 12
We have already contacted all of our county offices to let 13 A.
them know that this is a requirement, and we've asked them to 14
get this information as they're recruiting poll managers. 03:20PM 15
They're right now in the process of sending out notices asking 16
people that they've used in the past if they're willing to 17
participate again this November. 18
So we ask them to include just a statement or question 19
asking if they are notaries. We have also contacted both 03:20PM 20
political parties and the League of Women Voters, asking for 21
them to help us recruit notaries for this purpose. 22
Have you undertaken any efforts to identify who might be 23 Q.
already notaries in your current pool of poll managers? 24
Yes, we have. Most of the poll manager information 03:20PM 25 A.
232
throughout the state is housed in our voter registration and 1
administration system. So we were able to extract out all of 2
the poll managers and compare that with a list of notaries, and 3
we identified approximately 2,000. Now, several of our largest 4
counties are not included in that pool. 03:21PM 5
So does that mean the number may be larger than 2,000? 6 Q.
I believe so, because our two largest counties were not 7 A.
included. 8
What two counties are those? 9 Q.
Charleston and Greenville. 03:21PM 10 A.
Do you happen to know the minority population of Greenville 11 Q.
County? 12
No, I do not. 13 A.
Do you happen to know the minority voting age population of 14 Q.
Charleston County? 03:21PM 15
No. 16 A.
So all of these efforts you've undertaken thus far 17 Q.
regarding notaries, is the plan in final form? Is your plan to 18
have notaries in polling places in final form? 19
We plan to have notaries in polling places, and we've 03:22PM 20 A.
communicated that to counties. 21
But you're still developing the plan? 22 Q.
We're still helping, assisting counties recruit poll 23 A.
workers or notaries to be poll workers, or they simply could 24
just have a notary available. They don't have to be a poll 03:22PM 25
233
worker. 1
What happens if no notary is available in a polling place 2 Q.
on election day and a voter requests to fill out a reasonable 3
impediment affidavit? 4
The poll manager could contact the county to see if there 03:22PM 5 A.
was someone, a notary in a nearby precinct, or if they could 6
send someone over. 7
Let's say there is nobody. Then what happens? 8 Q.
I would instruct the county to have the poll manager 9 A.
witness the affidavit. Poll managers are authorized to 03:23PM 10
administer oaths, and this again would be a situation where, 11
through no fault of the voter, a notary was not available, so I 12
would instruct the poll manager to notarize it. 13
HON. JOHN D. BATES: You say you would instruct. Are 14
you going to instruct, give that out as guidance? These poll 03:23PM 15
managers are not going to call you on election day, I assume. 16
Maybe you do get 20,000 calls on election day, but not 17
everybody's going to reach you. Do you intend to give out that 18
guidance? 19
THE WITNESS: Yes. Yes. We will include it in our 03:23PM 20
training, and we will make sure that counties are aware. And 21
then sometimes we do get calls from poll managers, but not 22
20,000, thank you. 23
HON. BRETT KAVANAUGH: Would notaries be able to 24
charge? 03:23PM 25
234
THE WITNESS: No. 1
HON. JOHN D. BATES: And under what authority can you 2
prevent notaries from charging? 3
THE WITNESS: I would perceive that as a poll tax, and 4
we've already said that notaries cannot charge. 03:24PM 5
BY MR. BOWERS: 6
As part of your volunteer outreach efforts; is that right? 7 Q.
Yes. 8 A.
So is it fair to say that notaries who volunteer will know 9 Q.
on the front end that they won't be able to charge for their 03:24PM 10
service? 11
Yes, definitely. 12 A.
So after a voter fills out the reasonable impediment 13 Q.
affidavit, casts a provisional ballot, what happens next with 14
that provisional ballot after it's cast? What happens next? 03:24PM 15
The voter would drop it in the ballot box, and when the 16 A.
polls close, the ballot box would be taken to the county 17
election commission and kept until the challenged ballot 18
hearing. 19
What about the secrecy of the ballot? Is it just open for 03:25PM 20 Q.
anybody to see? 21
No. The ballot would be placed in the challenged ballot or 22 A.
the provisional ballot envelope. Within the envelope, it's 23
dropped into the ballot box, and that's the same procedure we 24
use today for any emergency -- or excuse me -- any provisional 03:25PM 25
19 of 59 sheets Page 235 to 238 of 325 08/28/2012 10:15:12 PM
235
ballots that are cast. 1
And then following the election day, what's the process 2 Q.
under R54 for the provisional ballots under the reasonable 3
impediment rubric, for those to be -- for the validity of those 4
to be determined? 03:25PM 5
Well, when the ballot box is opened, the county would 6 A.
separate out the provisional ballots by reason. If it's a 7
failsafe and the voter has completed the affidavit and a change 8
of address, then that's an administrative challenge, and as long 9
as they had completed the change of address, those ballots would 03:26PM 10
be counted, so the commission would not have to go through those 11
individually. 12
Pardon the interruption. When you say commission, do you 13 Q.
mean your commission? 14
The county commission, the county election commission. 03:26PM 15 A.
So this is a matter decided by each of the 46 county boards 16 Q.
or commissions of elections, correct? 17
That's correct. 18 A.
Can you tell the Court, if you know, what's the racial 19 Q.
composition of these county boards? 03:26PM 20
I don't know. 21 A.
Does your agency house any data to that effect? 22 Q.
No. 23 A.
Anyway, I interrupted you. Continue. So what's the 24 Q.
process after that? 03:26PM 25
236
So those are the failsafe, and that's an administrative 1 A.
challenge, so they would be counted. There's no decision for 2
the commission to make on those. For other types of challenges, 3
the person may have to come in and present ID or evidence that 4
they do live at the same address, and there would be some 03:27PM 5
decisions. That's the current practice. And then with the 6
provisional for the reasonable impediment, they would be counted 7
unless someone had presented information showing that the 8
affidavit was false. 9
That's similar to the procedure you discussed in your 03:27PM 10 Q.
testimony earlier, correct? 11
Yes. 12 A.
HON. COLLEEN KOLLAR-KOTELLY: If this is a good time 13
to stop, why don't we take our afternoon break. 14
MR. BOWERS: Sure. Yes, Your Honor. 03:27PM 15
HON. COLLEEN KOLLAR-KOTELLY: So 20 of 4:00? 16
(Recess from 3:27 p.m. to 3:41 p.m.) 17
HON. COLLEEN KOLLAR-KOTELLY: All right. Good 18
afternoon again. 19
MR. BOWERS: Good afternoon. 03:41PM 20
HON. COLLEEN KOLLAR-KOTELLY: All right. Go ahead. 21
MR. BOWERS: Ready to proceed? 22
HON. COLLEEN KOLLAR-KOTELLY: Yes. 23
MR. BOWERS: Thank you, Your Honor. 24
BY MR. BOWERS: 03:41PM 25
237
Ms. Andino, I only have a few more questions for you. 1 Q.
Thank you for your patience. I've put up on the screen 2
Plaintiff's Exhibit 100. Do you recognize this document? 3
This is the postcard that we will use to mail to voters who 4 A.
potentially may not have a photo ID. 03:42PM 5
Tell the Court a little bit about how you've identified 6 Q.
who's going to receive this postcard. 7
We get a file from the Division of Motor Vehicles that 8 A.
contains all licensed drivers as well as ID card holders, and we 9
compare it to the voter registration file. The people that we 03:42PM 10
do not match on we will mail a postcard to contact them to let 11
them know about the changes. 12
As you sit here today, do you have an idea of what that 13 Q.
number is? 14
It's around 200,000. We've run this comparison several 03:42PM 15 A.
times and it changes each time. But somewhere around 200,000. 16
And this is the second page of this exhibit, Plaintiff's 17 Q.
Exhibit No. 100. The Bates number is 00164948. Do you see 18
that, Ms. Andino? 19
Yes. 03:43PM 20 A.
This is part of the postcard that's going to go out; is 21 Q.
that correct? 22
Right. The first part of the postcard has the changes in 23 A.
the types of IDs that are required, and then this section is a 24
return postcard that would be sent back to the election 03:43PM 25
238
commission, and it just helps us to determine if the voter might 1
have some other type of ID. 2
Then who prepared this postcard? 3 Q.
Staff at the State Election Commission. 4 A.
HON. JOHN D. BATES: What do you mean by some other 03:44PM 5
type of ID? 6
THE WITNESS: Either the passport or a military ID, 7
another acceptable form. 8
BY MR. BOWERS: 9
Then, as you're aware, there's one more side to the 03:44PM 10 Q.
postcard. It's captioned "The new South Carolina photo 11
identification requirements." Do you see that? 12
Yes. 13 A.
And this is part of this postcard again? 14 Q.
This is. This is the portion that will educate those 03:44PM 15 A.
voters or notify those voters of the five approved forms of ID 16
that can be used to vote. And then it also gives them 17
information about reasonable impediment and that they don't need 18
a photo ID if they're going to vote absentee by mail. 19
When was this latest language developed? 03:44PM 20 Q.
Within the last month. 21 A.
Is this a revision of the initial draft? 22 Q.
It is a revision, and it's, because of some questions that 23 A.
were asked during depositions, we went back and took another 24
look at it and realized we needed to make a few changes. 03:45PM 25
08/28/2012 10:15:12 PM Page 239 to 242 of 325 20 of 59 sheets
239
You mean questions raised during your depositions? 1 Q.
Yes. 2 A.
How many depositions did you have? 3 Q.
Four. 4 A.
Four in this case? 03:45PM 5 Q.
Yes. 6 A.
And these were questions raised by whom? 7 Q.
The Department of Justice or the intervenors. I don't 8 A.
remember for sure. 9
Who made the decision to make these revisions? 03:45PM 10 Q.
I did. 11 A.
Who approved them? 12 Q.
I did. 13 A.
Do you believe you had the authority to make those 14 Q.
revisions and approvals? 03:45PM 15
Yes. It's part of the day-to-day operations of the agency. 16 A.
In terms of implementation and making the IDs available to 17 Q.
folks that don't have them, describe the procedure for obtaining 18
a voter registration card with a photo ID on it, please, ma'am. 19
Any voter that does not have one of the approved forms of 03:46PM 20 A.
ID and they want to get a voter registration card that has a 21
photo, they can go to the voter registration office, or if the 22
bus is in their area, they could go there as well. 23
They would just simply have to present information or 24
identification to prove who they are -- and that could be their 03:46PM 25
240
old voter registration card without the photo -- and then the 1
county would take the picture and give them another copy of the 2
voter registration card, and this one would have the photograph. 3
The copies that the county would produce would be on heavy card 4
stock just as they are now, and we will send a plastic card, a 03:47PM 5
more permanent card, out from my office. 6
Then how often will that be updated, that card? Are you 7 Q.
aware of any requirements to renew a South Carolina driver's 8
license, for example? 9
South Carolina driver's licenses do have to be renewed. 03:47PM 10 A.
I'm not sure if it's five or 10 years now. But the voter 11
registration card would be permanent. 12
Including the photograph? 13 Q.
Including the photograph. 14 A.
HON. JOHN D. BATES: Which means that they -- well, 03:47PM 15
never mind. Go ahead. 16
BY MR. BOWERS: 17
If R54 is precleared and you have sufficient time to 18 Q.
acquire the photograph equipment, will the -- when will the 19
county commissions make photo IDs available? 03:48PM 20
As soon as they receive the camera equipment and they're 21 A.
ready to start taking pictures, which should be in just a few 22
weeks. The vendor has assured us that the cameras are readily 23
available. 24
When will that process end, if it will? Will that process 03:48PM 25 Q.
241
end? Will there be a time when people won't be able to get a 1
photo voter registration card? 2
No. It will be an ongoing process. 3 A.
Even on election day? 4 Q.
Even on election day. 03:48PM 5 A.
Ms. Andino, section 4 of -- 6 Q.
HON. JOHN D. BATES: Are you done with the postcard? 7
MR. BOWERS: I am. 8
HON. JOHN D. BATES: Then don't take it off. Would 9
you focus us on whatever explanation is given on this postcard 03:48PM 10
about reasonable impediment, please? In other words, what tells 11
the voter if they show up without one of the required IDs, 12
what's then going to happen, and what are they going to be 13
asked, or how does the reasonable impediment process work? Is 14
there some explanation given? 03:49PM 15
THE WITNESS: It doesn't use the term "reasonable 16
impediment." It just says if they do not present the ID at the 17
polls, they may cast a provisional ballot. 18
HON. JOHN D. BATES: In your view, since this is a way 19
to more uniformly, if you will, reach most people, or a large 03:49PM 20
percentage of the people who may show up without one of the 21
required IDs, would it be better to include the kind of 22
explanation that you've provided today, that the poll watchers 23
will be told? Would it be better to include that in the 24
postcard to the actual voters so they all get the same message? 03:50PM 25
242
THE WITNESS: I think so. We've just been limited by 1
space on here is why it's in the format that it is. 2
HON. JOHN D. BATES: And therefore you don't think the 3
postcard will include any explanation of "reasonable impediment." 4
THE WITNESS: You know, if everyone feels like that's 03:50PM 5
necessary, we'll certainly do that. We were just limited by 6
space. 7
HON. JOHN D. BATES: But ultimately it's your 8
decision, right, in terms of whether everyone decides it's 9
necessary, you're the one who decides that, right? 03:50PM 10
THE WITNESS: Right. 11
HON. COLLEEN KOLLAR-KOTELLY: I have a quick question. 12
If you have a current driver's license that has been suspended 13
at the time that the person goes to vote. So it's listed as 14
current, it's suspended -- say it's suspended for 30 days. Will 03:50PM 15
the person be able to vote using that photo ID? 16
THE WITNESS: We wouldn't have any way of knowing that 17
that license is suspended if they still have it. So they would 18
be permitted to vote. 19
HON. JOHN D. BATES: But if it's expired -- in other 03:51PM 20
words, beyond the expiration date of the license, then they 21
would not be able to use that. 22
THE WITNESS: Right, because then it would not be 23
current. 24
HON. COLLEEN KOLLAR-KOTELLY: Does the postcard tell 03:51PM 25
21 of 59 sheets Page 243 to 246 of 325 08/28/2012 10:15:12 PM
243
them that it has to be a current one as opposed to something 1
that's expired? It just says driver's license. I didn't look 2
whether the rest of it somewhere tells them that if it's 3
expired, they can't use it, that it has to be current. 4
THE WITNESS: No. It talks about bringing the current 03:51PM 5
voter registration card. 6
HON. JOHN D. BATES: Would it be better right at the 7
top in the list of five items to say, "valid and current South 8
Carolina driver's license"? Since that's what the statute 9
actually requires. 03:52PM 10
THE WITNESS: Yes. I believe so. 11
BY MR. BOWERS: 12
And Ms. Andino, is this postcard not a work in progress? 13 Q.
It is a work in progress. We won't produce them until we 14 A.
have the combined file. So we could make that change. 03:52PM 15
Do you have the opportunity to include that language? 16 Q.
Yes. 17 A.
HON. COLLEEN KOLLAR-KOTELLY: So from your 18
perspective, the statute talks about valid, but you wouldn't 19
consider someone who has a suspended license as -- they would 03:52PM 20
still be considered to have a valid driver's license for voting 21
purposes? 22
THE WITNESS: The purpose of the identification is to 23
make sure that the person who presents themselves at the poll is 24
indeed the person who is standing there. And our poll 03:52PM 25
244
managers -- and we would not have any way of knowing if the 1
license had been suspended. And if it was suspended, that would 2
not prevent them from voting ordinarily. So, you know, it's 3
something we wouldn't know and we would allow. 4
HON. JOHN D. BATES: What if you did know? What if 03:53PM 5
someone said, well, I have a driver's license, but my driver's 6
license is actually suspended now. Could they use that or is 7
that not a valid license under the statute? 8
THE WITNESS: I think it's a valid license if it was 9
issued by the South Carolina Department of Motor Vehicles. And 03:53PM 10
again, we wouldn't have any way of knowing if it was suspended. 11
So as long as it had not expired, they would be able to cast a 12
ballot. 13
HON. COLLEEN KOLLAR-KOTELLY: Would you say the same 14
thing if it had been revoked but they still had their license? 03:53PM 15
THE WITNESS: Yes, because we wouldn't have any way of 16
knowing that it had been revoked. 17
HON. COLLEEN KOLLAR-KOTELLY: So in terms of the 18
driver's license, only if it's expired would it be something 19
that wouldn't be considered valid and current; is that correct? 03:53PM 20
THE WITNESS: That's right. 21
BY MR. BOWERS: 22
So, Ms. Andino, to follow up on that line of questioning, 23 Q.
is it your belief that the validity of a South Carolina driver's 24
license is determined by, what, the fact it was issued by the 03:53PM 25
245
government? 1
Yes. 2 A.
HON. JOHN D. BATES: So are you confident that the -- 3
whatever number among the 20,000 poll watchers that are actually 4
working on election day, that none of them would be asking 03:54PM 5
people whether their license was valid or whether their license 6
was suspended? 7
THE WITNESS: I think that they will ask for the forms 8
of ID, and we don't ask them or tell them to ask if it's valid 9
or current or suspended or has been revoked. 03:54PM 10
HON. JOHN D. BATES: You don't give out guidance to do 11
so, but you don't give guidance not to do so either. 12
THE WITNESS: No. We tend to tell them what questions 13
to ask. 14
BY MR. BOWERS: 03:54PM 15
Ms. Andino, a moment ago you were testifying with regard to 16 Q.
obtaining a photo voter registration card if you didn't already 17
have an acceptable form of ID. What if you don't have -- what 18
if you're not registered to vote? Or let's say you're 19
registered to vote but don't have a voter registration card, you 03:55PM 20
lost it. What do you need to do to get a photo voter 21
registration card? 22
The counties would require one of the forms of 23 A.
identification that are outlined in the Help America Vote Act, a 24
photo ID, a government-issued document, a bank statement, a 03:55PM 25
246
power bill, something to establish that that is the person. And 1
that hasn't changed in the current process. 2
MR. BOWERS: Any more questions about this exhibit 3
before I take it down? 4
BY MR. BOWERS: 03:55PM 5
Ms. Andino, Section 4 of R54 is, I will represent to you, 6 Q.
is the provision that requires a free photo voter registration 7
card to be issued. Will it in fact be free? 8
Yes, it will. 9 A.
If Section 4 of the act is precleared prior to Section 5, 03:56PM 10 Q.
which is the photo ID requirement itself, what if anything will 11
you and the commission do to begin implementation of Section 4? 12
If Section 4 is precleared, then we will immediately order 13 A.
the camera equipment, the computers, and the printers, and have 14
them installed in counties and begin producing voter 03:56PM 15
registration cards with photos. 16
Tell the Court about funding, about the funding for the 17 Q.
implementation of R54. Do you have adequate funding? 18
Yes, we do. 19 A.
HON. JOHN D. BATES: It sounds like you're willing to 03:57PM 20
spend the money. If Section 4 were precleared without the Court 21
deciding on the other sections, you're saying that you would 22
then expend the money to buy the camera equipment, even given 23
the possibility that the Court might not preclear the remaining 24
provisions of the statute? 03:57PM 25
08/28/2012 10:15:12 PM Page 247 to 250 of 325 22 of 59 sheets
247
THE WITNESS: Yes. Once that section is precleared, 1
it's law and we would be required to issue voter registration 2
cards with photographs. 3
BY MR. BOWERS: 4
Going back to some of the questions that the Court was 03:57PM 5 Q.
asking about valid ID, to your knowledge, do the poll workers 6
currently ask that question: is the driver's license valid? 7
Currently voters can produce either a voter registration 8 A.
card, a South Carolina driver's license, or an ID issued by 9
South Carolina DMV. So they ask for identification now, yes. 03:57PM 10
But do they ask if it's valid? Does your guidance direct 11 Q.
them or instruct them in any way to ask if the ID is valid? 12
No. 13 A.
I want to ask you briefly about your experience with 14 Q.
implementation of new laws. I think you testified earlier with 03:58PM 15
regard to the bus that you have experience. Please tell the 16
Court about your experience with implementation back in, I think 17
you said '04, '05. 18
In 2003 and 2004, we implemented the Help America Vote Act, 19 A.
HAVA. That was the second large federal bill that the state had 03:58PM 20
implemented. Years before we had implemented the National Voter 21
Registration Act and I coordinated with the agencies that are 22
voter registration locations. 23
But specifically in implementing HAVA, we put together a 24
state planning committee, and the state planning committee 03:59PM 25
248
determined how the funds received from the federal government 1
would be used. The bulk of the funds that South Carolina 2
received were used to purchase an electronic voting system to be 3
used statewide. All 46 counties use the same system in South 4
Carolina. 03:59PM 5
The equipment was purchased. We released an RFP in 2003, 6
and we had to release a second one in 2004, and the final award 7
did not become effective until 89 days prior to the general 8
election. So we were implementing a new voting system in 15 9
counties in 89 days. That is when we reached out to Chernoff 03:59PM 10
Newman, actually. We did another request for proposal and 11
evaluated bids and an award was made to Chernoff Newman to 12
assist us in educating voters. And that award was effective 63 13
days prior to the general election. So we had a very short time 14
frame, and it was imperative that we use outside help to 04:00PM 15
communicate those changes to the voters. 16
How would you characterize the success of that 17 Q.
implementation given that short time frame? 18
It was very successful. Our goal was when the voter walked 19 A.
into the polling place, that they would not need to go through 04:00PM 20
the demonstration process of the new voting machines, and we 21
were successful. Poll managers across the state reported that 22
when voters came in, they said, no, I've already seen the 23
machine. And we had a successful election. We did not have 24
delays at the polling place because voters and poll workers both 04:00PM 25
249
understood the changes that had taken place. 1
I want to go back one final time to the issue of validity 2 Q.
of the ID. Do you know whether current law requires the 3
identification to be valid? 4
I believe it just says a South Carolina driver's license. 04:01PM 5 A.
Let me refresh your memory of the statute. This is -- I'll 6 Q.
represent to the Court that this is part of Plaintiff's Exhibit 7
No. 3. The first Bates numbered page of Plaintiff's Exhibit 3 8
is South Carolina 00078671, and this is page 88574. 9
Ms. Andino, I want to draw your attention in this to 04:02PM 10
Section 7-13-710(A). Do you see that? 11
Yes. 12 A.
Are you familiar with the strike-and-insert process for new 13 Q.
language in legislation? 14
I am. 04:02PM 15 A.
So when language is underlined in a bill like this, what 16 Q.
does that mean? 17
It's new. 18 A.
When language has a line stricken through the middle of it, 19 Q.
what does that mean? 04:02PM 20
It's being removed. 21 A.
And when language is just plain, what does that mean? 22 Q.
It's existing. 23 A.
Do you see the word "valid" there in the first sentence of 24 Q.
7-13 -710(A)? 04:03PM 25
250
Yes. 1 A.
How is that word characterized? Is it underlined, stricken 2 Q.
through, or plain? 3
It's plain. 4 A.
So does that mean it's current law? 04:03PM 5 Q.
It does. 6 A.
This is also, for the record, joint appendix No. 000455. 7 Q.
Ms. Andino, I promise I'm going to wrap up soon. I want to ask 8
you about office hours of the various county election offices. 9
What are the typical hours during the year of the voter 04:03PM 10
registration offices? 11
The law requires county voter registration offices to be 12 A.
open during courthouse hours. So typically that's 8:30 to 5:00. 13
It may be 9:00 to 5:00 or 8:00 to 5:00, but typically around 14
8:30 to 5:00. 04:04PM 15
Does that change at all during what I'll call election 16 Q.
season? 17
Yes, it does. 18 A.
Tell the Court how that changes, please, ma'am. 19 Q.
Counties are open additional hours, mainly to accommodate 04:04PM 20 A.
absentee voting. Since the National Voter Registration Act was 21
implemented, the voter registration process is distributed over 22
12 months of the year, so they don't get the long lines to 23
register like they once did. But the main purpose now for the 24
extended hours would be for absentee voting. 04:04PM 25
23 of 59 sheets Page 251 to 254 of 325 08/28/2012 10:15:12 PM
251
Some counties stay open later at night to accommodate 1
people who work until 5 o'clock, and then we also suggest, and 2
we do this prior to every statewide election, that counties are 3
open at least one of the two Saturdays prior to the general 4
election. And if this year is anything like it was in 2008, 04:05PM 5
they'll be open both days. 6
When you say both days, you mean both Saturdays prior to 7 Q.
election day? 8
Yes. 9 A.
In your experience, on general election days, tell the 04:05PM 10 Q.
Court, please, how many of the counties hold office hours on at 11
least one Saturday before election day? 12
If it's a busy election, a general election, I think 13 A.
they're all open at least one, and most of them are open both. 14
Does that allow people to vote absentee on the Saturday? 04:05PM 15 Q.
It allows them to vote absentee and also come in and update 16 A.
their address on the voter registration card. 17
Ms. Andino, this is sort of a cleanup question, but you 18 Q.
mentioned earlier, I believe, an intranet site where election 19
officials can communicate. Can you tell the Court what that's 04:06PM 20
called? 21
It's called ElectionNet, and we implemented -- the State 22 A.
Election Commission implemented ElectionNet in, I believe it was 23
2006 as a way to quickly communicate with our counties. And 24
today it's the primary way that we communicate with counties. 04:06PM 25
252
Is the general public -- does the general public have 1 Q.
access to ElectionNet? 2
No. You have to have a user ID and login, and it's 3 A.
exclusively for the election community. We have about 400 4
users. 04:06PM 5
Who controls that access? 6 Q.
The State Election Commission, staff in my office. 7 A.
How many people is it that have access to it? 8 Q.
Approximately 400. 9 A.
MR. BOWERS: Okay. Beg the Court's indulgence just 04:07PM 10
for a moment. 11
That's all the questions I have. Please answer the 12
questions of the Department of Justice or the intervenors. 13
Thank you, Ms. Andino. 14
THE WITNESS: You're welcome. 04:07PM 15
HON. COLLEEN KOLLAR-KOTELLY: All right. This is a 16
witness that is everybody's -- at least Department of Justice's 17
witness as well. So I don't know if you want to do Department 18
of Justice first and then Mr. Beeney. So it's a combination of 19
cross and direct. 04:07PM 20
MS. MEZA: Good afternoon. Catherine Meza on behalf 21
of the United States. Can I approach the witness, Your Honor, 22
and hand her her deposition? 23
HON. COLLEEN KOLLAR-KOTELLY: Yes. 24
MR. BOWERS: Pardon my interruption. May I ask which 04:08PM 25
253
one of the four depositions that is? 1
MS. MEZA: The binder contains all four depositions. 2
MR. BOWERS: Thank you. 3
EXAMINATION 4
BY MS. MEZA: 04:08PM 5
Good afternoon. Ms. Andino, you have about 25 years of 6 Q.
experience in election administration in South Carolina; is that 7
correct? 8
That's correct. 9 A.
And under South Carolina law, you were selected as 04:08PM 10 Q.
executive director by the five-member State Election Commission 11
and are directly responsible to the members of the commission; 12
is that right? 13
That's right. 14 A.
Ms. Andino, I'd like to begin with a few questions 04:08PM 15 Q.
regarding local county boards of registration and election 16
commissions. There are boards of registration and election 17
commissions in all 46 counties of the state, right? 18
Yes. 19 A.
And county boards of registration and election commissions 04:08PM 20 Q.
are legal entities that are separate and apart from the State 21
Election Commission; is that right? 22
Yes. 23 A.
The State Election Commission has no authority to require 24 Q.
local county boards of registration and elections to act in any 04:09PM 25
254
particular way or to follow or adopt procedures developed by the 1
commission; is that correct? 2
In most cases, yes. 3 A.
You have no legal authority to require local boards to act 4 Q.
in any way? 04:09PM 5
We have authority to promulgate regulations in some areas. 6 A.
But that wasn't the question. The question is whether you 7 Q.
have the authority to compel local county boards to act in a 8
certain way or implement procedures in a certain way? 9
No, we don't. 04:09PM 10 A.
In the same way the commission has no authority to direct 11 Q.
county boards to refrain or cease from acting in any particular 12
way; is that correct? 13
That's right. 14 A.
And is it also true that the State Election Commission has 04:09PM 15 Q.
no authority to penalize county boards for any violations of 16
state law or noncompliance with the State Election Commission's 17
procedures? 18
That's true. 19 A.
In a general election, you testified that there are 04:10PM 20 Q.
approximately 2,100 polling places throughout the state; is that 21
right? 22
Yes. 23 A.
And the State Election Commission provides an online poll 24 Q.
manager training program and supplies counties with training 04:10PM 25
08/28/2012 10:15:12 PM Page 255 to 258 of 325 24 of 59 sheets
255
materials; is that right? 1
Yes. 2 A.
The election commission provides the training materials so 3 Q.
that there's consistency among the 46 counties, correct? 4
Yes. 04:10PM 5 A.
However, the State Election Commission doesn't directly 6 Q.
train poll managers; is that right? 7
In most cases, no. 8 A.
What do you mean, in most cases? 9 Q.
We do go out and do poll manager training if we're 04:10PM 10 A.
requested by a county. 11
But that's not a regular occurrence; usually the county 12 Q.
themselves will do the direct training of poll managers? 13
Right. We tend to train about five or six each year. 14 A.
And for any given statewide election, the state could have 04:11PM 15 Q.
up to 20,000 poll managers, correct? 16
Yes. 17 A.
And you would agree with me that uniformity in how a law is 18 Q.
interpreted and procedures are implemented in all counties by 19
all poll managers is important, yes? 04:11PM 20
Yes. 21 A.
However, the State Election Commission has no way of 22 Q.
guaranteeing that any procedures or standards that it 23
disseminates will be implemented in a consistent manner by all 24
poll managers, correct? 04:11PM 25
256
That's correct. 1 A.
Ms. Andino, I'm going to move on to some questions about 2 Q.
H.3418. You recall that H.3418 was the photo voter ID bill that 3
was introduced during South Carolina's 2009-2010 legislative 4
session, yes? 04:12PM 5
Yes. 6 A.
And during consideration of H.3418, the election commission 7 Q.
compiled data on the number of registered voters without a 8
driver's license or DMV-issued identification; is that correct? 9
Yes. 04:12PM 10 A.
And in order to come up with this number, the DMV database 11 Q.
was matched with the state's voter registration database; is 12
that correct? 13
That's correct. 14 A.
And the election commission released their report based on 04:12PM 15 Q.
this data analysis in January 2010, correct? 16
Yes. 17 A.
And without receiving any specific requests to do so, you 18 Q.
sent the report to members of the election laws subcommittee of 19
the House Judiciary Committee; is that right? 04:12PM 20
I believe so. 21 A.
MS. MEZA: Can we please pull up on the screen U.S. 22
Exhibit 208. 23
BY MS. MEZA: 24
Do you recognize this document, Ms. Andino? 04:13PM 25 Q.
257
Yes. It's an e-mail from me to the members of the House 1 A.
election laws subcommittee. 2
And that includes all the members of the subcommittee, 3 Q.
correct? 4
Yes. The members at that time. 04:13PM 5 A.
So it's Alan Clemmons, Bakari Sellers, Jenny Horne, Wendy 6 Q.
Nanney and Karl Allen, correct? 7
Yes. 8 A.
And you recall that the results of the matching of the DMV 9 Q.
and voter registration databases showed that there were a total 04:13PM 10
of 178,175 registered voters without a driver's license or a 11
DMV-issued ID, correct? 12
Yes. 13 A.
And the January 2010 report provided a breakdown of that 14 Q.
data by county, right? If we actually go to the third page of 04:14PM 15
the document, but it was the second page of the attachment of 16
the e-mail. 17
So the report provided a breakdown by county, correct? 18
That's correct. 19 A.
And the next page shows that there was also a ranking of 04:14PM 20 Q.
the counties from highest to lowest based on the percent of 21
voters without a driver's license or DMV-issued ID, correct? 22
Yes. 23 A.
And it also provided a breakdown by age and by race, and 24 Q.
those are the last two pages? 04:14PM 25
258
That's correct. 1 A.
During the subcommittee hearings on 3418, there was 2 Q.
testimony indicating that requiring photo voter ID would 3
disenfranchise voters; is that correct? Do you remember 4
testimony indicating that the law might disenfranchise voters -- 04:15PM 5
a voter ID law would disenfranchise voters? 6
Yes. 7 A.
And you compiled and disseminated this January 2010 report 8 Q.
to the members of the subcommittee because you wanted to provide 9
data to show the number of people that this legislation could 04:15PM 10
potentially affect, correct? 11
That's correct. 12 A.
And no members of the House subcommittee or others that 13 Q.
received the data indicated that it wasn't accurate; is that 14
right? 04:15PM 15
No one contacted me saying that they did not believe it was 16 A.
accurate. 17
And Ms. Andino, you were also involved in the process 18 Q.
during consideration of H.3003, which is the photo voter ID law 19
that was introduced during the 2011-2012 legislative session, 04:16PM 20
correct? 21
That's correct. 22 A.
And you provided that same 2010 report to any members of 23 Q.
the General Assembly who requested the data during consideration 24
of 3003, correct? 04:16PM 25
25 of 59 sheets Page 259 to 262 of 325 08/28/2012 10:15:12 PM
259
Yes, and members of the public or anyone who asked for it. 1 A.
And H.3003 was passed and ratified as Act R54, correct? 2 Q.
Yes. 3 A.
Now we'll turn to Section 4 of Act R54. Under Section 4, 4 Q.
as you reviewed with Mr. Bowers, the election commission is 04:16PM 5
required to implement a system that issues photo voter 6
registration cards, correct? 7
Yes. 8 A.
And before adding that provision to the bill, no one asked 9 Q.
for your input regarding the election commission's capacity to 04:16PM 10
produce that card; is that right? 11
That's correct. 12 A.
And you, as you testified already, you've prepared 13 Q.
procedures for implementation of an election commission photo 14
voter registration card, correct? 04:17PM 15
Yes. 16 A.
And you and Mr. Chris Whitmire, the State Election 17 Q.
Commission's director of public information and training, 18
drafted those procedures, right? 19
Yes. 04:17PM 20 A.
And when drafting those procedures, you didn't review or 21 Q.
rely on any specific studies regarding voter identification or 22
election procedures; is that right? 23
No. We don't have any studies about that. 24 A.
And you didn't rely or research any, did you? 04:17PM 25 Q.
260
No. 1 A.
And these procedures are subject to change, correct? 2 Q.
Once it's implemented, if we find out that there's 3 A.
something in there that's not accurate or if there's a more 4
efficient way, then we would change the procedures. 04:18PM 5
And the commissioners of the State Election Commission 6 Q.
didn't review these procedures; is that right? 7
No. They don't typically review procedures. 8 A.
But they didn't review these procedures; is that right? 9 Q.
No. 04:18PM 10 A.
And the election commission didn't formally adopt the 11 Q.
procedures as final, correct? 12
No. They don't adopt procedures. 13 A.
Again, but they didn't adopt these specific procedures, 14 Q.
correct? 04:18PM 15
No. 16 A.
And these are the procedures that the State Election 17 Q.
Commission will disseminate to county boards, correct? 18
That's correct. 19 A.
Will the county boards be able to issue the photo voter 04:18PM 20 Q.
registration card on election day? 21
Yes. 22 A.
And in order to vote in any specific election, a voter must 23 Q.
be registered 30 days previous to the date of that election; is 24
that right? 04:18PM 25
261
Yes. 1 A.
So newly registered voters who register to vote and obtain 2 Q.
the photo voter registration card on election day would not be 3
able to use it for that day's election, correct? 4
Would you repeat that, please? 04:19PM 5 A.
Sure. So a newly registered voter that goes into a county 6 Q.
board on election day and receives a photo voter registration 7
card wouldn't be able to use it on that day, correct? 8
Not a person registering on that day, no. 9 A.
HON. JOHN D. BATES: Is that true under the current 04:19PM 10
law as well? 11
THE WITNESS: It is. You have to be registered 30 12
days prior. 13
BY MS. MEZA: 14
And the photo voter registration card will be available at 04:19PM 15 Q.
the 46 county boards of registration and elections, correct? 16
Yes. 17 A.
And under current law, an applicant who registers to vote 18 Q.
by mail, for instance, would be able to receive their non-photo 19
voter registration card through the mail; is that right? 04:20PM 20
Yes. 21 A.
And you also just told us that South Carolina will now have 22 Q.
online voter registration, so those people under the current law 23
would also receive their voter registration card by mail ; is 24
that right? Or through the Internet, I'm assuming. They might 04:20PM 25
262
be able to print it out. How does that process work? 1
In order to use the online voter registration process, you 2 A.
have to be a licensed driver or have an ID issued by DMV, so we 3
would be able to produce the voter registration card with the 4
photograph for those people. 04:20PM 5
Well, right now I'm talking about under current law. You 6 Q.
mentioned previously during your testimony that South Carolina 7
is about to implement online voter registration? 8
That's right. We're awaiting DOJ preclearance so there 9 A.
isn't an online voter registration provision in current law. 04:21PM 10
But nonetheless, someone who registered online would then 11 Q.
receive -- what are the plans? Would they then receive that 12
card through the mail? 13
Yes. 14 A.
So if a person either registers to vote by mail or online, 04:21PM 15 Q.
they would never have to travel to a county board of elections 16
office; is that right? 17
That's correct. 18 A.
And under Act R54 to obtain a photo voter registration 19 Q.
card, a voter would have to travel to a county board; is that 04:21PM 20
right? 21
If they don't have one of the approved forms of ID, yes. 22 A.
Well, if the purpose was to go get a photo voter 23 Q.
registration card, the only place they could get it would be at 24
the county board office, correct? 04:21PM 25
08/28/2012 10:15:12 PM Page 263 to 266 of 325 26 of 59 sheets
263
That's correct, or the DMV if they get the ID card. But 1 A.
the photo voter registration card would only be issued at voter 2
registration offices and satellite offices. 3
And voters would only be able to go to the county board of 4 Q.
the county where they reside; is that correct? 04:22PM 5
Yes. 6 A.
And county board offices are usually located in the county 7 Q.
seat, correct? 8
Yes. 9 A.
And currently there are no plans for the State Election 04:22PM 10 Q.
Commission or local county boards to provide transportation to 11
voters who cannot travel to their local county board of 12
elections office, correct? 13
That's correct. The Department of Motor Vehicles did that 14 A.
previously. 04:22PM 15
But there are no plans. The election commission doesn't 16 Q.
have plans to do that, correct? 17
No. 18 A.
And local county boards don't have plans to do that, 19 Q.
correct? 04:22PM 20
Not to my knowledge. 21 A.
You also just told us, and you previously testified in 22 Q.
deposition that the election commission is planning to use a bus 23
as a mobile provider of the photo voter registration card; is 24
that right? 04:23PM 25
264
Yes. 1 A.
And the election commission only has one bus for this 2 Q.
purpose, correct? 3
Yes. 4 A.
And during one of your depositions you testified that you 04:23PM 5 Q.
have not determined what dates the bus will be in operation; is 6
that correct? 7
No. We're awaiting preclearance before we determine the 8 A.
dates. 9
But at this point you don't know whether, if implemented 04:23PM 10 Q.
and the bus is operational, whether that would be indefinite? 11
We have the bus, and it's available. It's not been 12 A.
scheduled for other purposes. 13
But you have no plans as of now whether or not like this 14 Q.
would be an ongoing thing that the bus would be available to 04:23PM 15
provide the photo voter registration cards? 16
We've been doing voter education and outreach with the bus 17 A.
since 2004, and we don't have any plans to discontinue that. 18
But I'm asking specifically about it providing photo voter 19 Q.
registration cards. 04:24PM 20
If it's precleared, that would become part of our outreach 21 A.
program, and we would continue to do that as long as it was 22
necessary. 23
Okay. And during your deposition you also testified that 24 Q.
if Act R54 is precleared in September or October, you wouldn't 04:24PM 25
265
have enough time for the bus to reach all 46 counties before the 1
November 2012 election; is that correct? 2
It would be highly unlikely. 3 A.
Ms. Andino, now I would like to turn to the reasonable 4 Q.
impediment provision of Act R54. That provision gives county 04:25PM 5
boards discretion to decide whether or not to count a 6
provisional ballot if they have grounds to believe the 7
reasonable impediment affidavit is false, correct? 8
If there's evidence presented saying that the reasonable 9 A.
impediment affidavit is false. 04:25PM 10
But they have that discretion to decide whether or not -- 11 Q.
Yes. 12 A.
-- to count the ballot? 13 Q.
Yes. 14 A.
During your deposition you testified that local county 04:25PM 15 Q.
officials raised concerns about terminology in Act R54 and 16
relayed to you that they didn't know how to interpret the 17
reasonable impediment provision, correct? 18
Yes. 19 A.
And you also testified that you agreed with those concerns, 04:25PM 20 Q.
correct? 21
That's right. That's why I asked the Attorney General's 22 A.
office for guidance. 23
And we just discussed the Attorney General's opinion, and 24 Q.
it lists three different examples of possible reasonable 04:26PM 25
266
impediments, correct? 1
Yes. 2 A.
What were those three examples again? 3 Q.
A person not having a birth certificate, a physical 4 A.
disability, or a short time frame in between preclearance and 04:26PM 5
implementation. 6
And outside of those three examples, the Attorney General's 7 Q.
opinion provides no other examples that could be considered a 8
reasonable impediment, correct? 9
That's correct. 04:26PM 10 A.
And the guidance that the election commission prepared this 11 Q.
month also lists those same three examples, correct? 12
Yes, with a note that it's not an all-inclusive list. 13 A.
And you testified about a lack of transportation 14 Q.
constitutes a reasonable impediment, correct? 04:26PM 15
Yes. 16 A.
Were you aware that Senators Martin and Cleary, who were 17 Q.
both deposed in this case, testified that a lack of 18
transportation does not constitute a reasonable impediment? 19
No. 04:27PM 20 A.
Given that there are inconsistencies between your 21 Q.
interpretation and the interpretation of supporters of Act R54 22
regarding what a reasonable impediment means, would you agree 23
that it's possible that county officials and poll managers in 24
the state's 46 counties will have differing interpretations of 04:27PM 25
27 of 59 sheets Page 267 to 270 of 325 08/28/2012 10:15:12 PM
267
what constitutes a reasonable impediment? 1
MR. BOWERS: Objection. Calls for speculation. 2
HON. COLLEEN KOLLAR-KOTELLY: No, I'll allow it. 3
THE WITNESS: I think it's up to the voter to 4
determine if they have a reasonable impediment. 04:27PM 5
BY MS. MEZA: 6
But the county boards will have discretion whether or not 7 Q.
to count that ballot based on their interpretation, or based on 8
their belief as to whether or not that voter's reasonable 9
impediment is valid, correct? 04:27PM 10
Only unless -- I mean, they will count the ballot unless 11 A.
there's evidence presented saying that the affidavit is not 12
correct or is not true, that the affidavit is false. 13
HON. JOHN D. BATES: I guess the question is this, or 14
one question: If a county official, poll watcher or whatever, 04:28PM 15
has your guidance on what is a reasonable impediment, but has 16
also heard from their neighbor who is the Republican county 17
chairman, that has the same view as some of these other 18
legislators, that lack of transportation is not a reasonable 19
impediment, how do you know that the county official won't 04:28PM 20
follow that guidance instead of your guidance? 21
THE WITNESS: Counties look to our office for guidance 22
and don't usually follow guidance of political parties or 23
others. But, you know, if it's an issue, we could certainly go 24
back and ask for clarification in the legislation. But from the 04:29PM 25
268
Attorney General's opinion, I believe that transportation could 1
be a reasonable impediment, and that's what I'll communicate to 2
the 46 counties. 3
It was my understanding that the General Assembly left the 4
language intentionally broad so that they did not have to come 04:29PM 5
up with a specific list. So this is the first that I've heard 6
that they don't believe transportation is a reasonable 7
impediment. 8
HON. JOHN D. BATES: I think the question was only -- 9
not speaking for the entire General Assembly. 04:29PM 10
BY MS. MEZA: 11
Ms. Andino, in January 2011 the State Election Commission 12 Q.
conducted a survey of the state's 46 county boards asking 13
whether the county board offices had "received any evidence of 14
any instance of voter identification fraud during the 2010 04:30PM 15
calendar year." Do you recall that survey? 16
I do. 17 A.
Is it true that 43 of the 46 counties responded to the 18 Q.
survey? 19
I believe so. 04:30PM 20 A.
And of the 43 counties responding, they all reported that 21 Q.
they had not received any evidence of any instance of voter 22
impersonation fraud during the 2010 calendar year; is that 23
correct? 24
I believe so, yes. 04:30PM 25 A.
269
And as of today and over the course of 25 years of your 1 Q.
time at the election commission, including nine years as the 2
executive director, would it be fair to say that you are aware 3
of no instance where it has been determined and confirmed to 4
your satisfaction that anyone has attempted to impersonate a 04:30PM 5
voter at the polls? 6
Yes, that's true, but many of the years that I was with the 7 A.
election commission previously I would not have been in a 8
position to know if those issues were raised. 9
Nonetheless, in the entire time of your tenure at the 04:31PM 10 Q.
election commission you never heard of a credible case of voter 11
impersonation fraud, correct? 12
That's correct. 13 A.
You also testified that you are not aware of any type of 14 Q.
fraud, whether impersonation fraud or other voter fraud, that 04:31PM 15
would be prevented by a photo voter ID law like Act R54, 16
correct? 17
That's true. 18 A.
And is it your opinion that even if a photo voter ID law 19 Q.
was implemented, if a person was determined to commit voter 04:32PM 20
fraud, they could find a way to do so? 21
I believe that if a person wants to commit voter fraud, 22 A.
they would find a way, yes. 23
Following the 2004 and 2006 general elections, the State 24 Q.
Election Commission conducted a post-election survey of voters. 04:32PM 25
270
Do you recall those surveys? 1
Yes, I do. 2 A.
According to the results of those post-election surveys in 3 Q.
2004 and 2006, voters expressed a high level of confidence in 4
the election system in South Carolina, correct? 04:32PM 5
Yes. 6 A.
In fact, 80 to 90 percent of the respondents reported that 7 Q.
they were very confident in South Carolina's electoral system; 8
is that right? 9
That's correct. 04:32PM 10 A.
And you have no reason to believe that the high level of 11 Q.
voter confidence in the state's election system has changed 12
since that time, correct? 13
2006 was the last time we did the survey, but I don't have 14 A.
any reason to believe it has changed. 04:33PM 15
MS. MEZA: I have no further questions. Thank you, 16
Ms. Andino. 17
THE WITNESS: You're welcome. 18
HON. COLLEEN KOLLAR-KOTELLY: All right. Mr. Beeney. 19
MR. BEENEY: Thank you, Your Honor. 04:33PM 20
EXAMINATION 21
BY MR. BEENEY: 22
Good afternoon, Ms. Andino. 23 Q.
Good afternoon. 24 A.
Ms. Andino, in two hours you've rewritten R54. You really 04:33PM 25 Q.
08/28/2012 10:15:12 PM Page 271 to 274 of 325 28 of 59 sheets
271
have, haven't you? 1
I don't believe so. 2 A.
Then I think I must have misunderstood you. So did I 3 Q.
correctly understand that you think the state of South Carolina 4
is asking preclearance for a photo ID law that allows anyone to 04:33PM 5
vote without a photo ID as long as I say, honestly, I didn't 6
feel like getting one? 7
I didn't say that. 8 A.
Am I correct, though? Is that what you're saying? 9 Q.
A person would have to have a reasonable impediment. 04:34PM 10 A.
But I thought you said it was up to the voter to decide 11 Q.
whether the impediment was reasonable. 12
It is up to the voter to decide. 13 A.
So if I think it's reasonable that I didn't feel like 14 Q.
getting one because it's a dumb law, then can I vote? 04:34PM 15
I don't think so. 16 A.
Why not? 17 Q.
It has to be a reasonable impediment that prevented you 18 A.
from getting a photo ID. And if you didn't feel like it, that's 19
a personal choice. 04:34PM 20
Okay. So who decides whether the reason I give is a 21 Q.
reasonable impediment? 22
The voter has to have a reasonable impediment. It's up to 23 A.
them, and it's a reasonable impediment that prevented them. 24
And who decides whether the impediment that I offer is a 04:35PM 25 Q.
272
reasonable one that prevents me? 1
The voter has to tell the poll manager that they believe 2 A.
they have a reasonable impediment that prevented them from 3
getting a photo ID. 4
I understand all that. But I'd understood you on direct 04:35PM 5 Q.
when Mr. Bowers was asking you questions to say that it's up to 6
the voter to decide if their impediment is reasonable. Now it 7
seems like we're hearing something a little bit different. So 8
suppose -- maybe we can do it this way: I walk into the polls, 9
I don't have a photo ID, the manager gives me an affidavit, I 04:35PM 10
put down "I didn't feel like it." Now, you say that vote 11
doesn't get counted. After I write down, "I don't feel like 12
it," what happens so that the vote doesn't get counted? 13
I think if somebody said I didn't feel like it, that's not 14 A.
an impediment. 04:36PM 15
Who decides that? 16 Q.
I don't believe the poll manager would hand them a 17 A.
provisional ballot if they said, no, I just didn't want to get a 18
photograph. 19
So it's the poll manager that makes that decision. Any one 04:36PM 20 Q.
of these 20,000 people at the 2,100 polls would decide this is 21
not something that's a reasonable impediment that stopped you 22
from getting a photo ID? 23
The poll manager is going to ask the voter if they have a 24 A.
reasonable impediment that prevented them from getting an ID, 04:36PM 25
273
and if they say yes, they will get a provisional ballot, and if 1
they say no, I just didn't want to, then they won't. So it's 2
the voter by answering the question "no." 3
But there's a third alternative. The third alternative is 4 Q.
the voter says, yes, I suffered from a reasonable impediment; I 04:36PM 5
didn't feel like it. 6
Perhaps that means they were ill and they complete the 7 A.
affidavit. They're swearing to what they're saying is true. 8
But I do understand you to say that if I say yes, I 9 Q.
suffered from a reasonable impediment, I didn't feel like it, I 04:37PM 10
think it's a dumb law, the poll manager will not give me a 11
reasonable impediment affidavit to fill out. 12
If they say, no, I don't have a reasonable impediment? 13 A.
No, no, no. I'm saying, yes, I had a reasonable 14 Q.
impediment; I think it's a dumb law and I didn't feel like it. 04:37PM 15
Under that scenario, the poll manager will not give me a 16
reasonable impediment affidavit because the poll manager will 17
decide that what I'm offering is not an impediment that kept me 18
from getting a photo ID. 19
Yes. It's the poll manager's duty to uphold the laws. 04:37PM 20 A.
Okay. So can you describe where that dividing line is from 21 Q.
I didn't feel like it to I wanted to watch the USC game instead 22
on the day that I had picked out to get my photo ID? Is that a 23
reasonable impediment? 24
As with a lot of laws in South Carolina, there's a lot of 04:38PM 25 A.
274
gray area, and we have to do the best job we can to interpret 1
the law, and that's why we tend to err on the side of the voter. 2
I understand all that, but you're the person here who's 3 Q.
telling us that you're giving guidance, and I need guidance. So 4
where is the line of when these 20,000 people who work the polls 04:38PM 5
are willing to give me an affidavit to sign so I can vote, or 6
telling me to get lost? 7
If you as a voter tell the poll manager that you have a 8 A.
reasonable impediment, they are going to allow you to vote the 9
provisional ballot. 04:38PM 10
But not if I say I didn't feel like it. 11 Q.
If you say yes, I didn't feel like it, how are they to know 12 A.
that you weren't sick, and that was your reasonable impediment? 13
So are you telling me now that if I go in and say yes, I 14 Q.
had a reasonable impediment, I didn't feel like it, I am going 04:39PM 15
to get an affidavit? I thought you just told me I wasn't going 16
to? 17
If you say it's a dumb law you may not get -- you know, 18 A.
that's not a reasonable impediment, but being ill would be a 19
reasonable impediment. 04:39PM 20
Well, I didn't say anything about being ill. 21 Q.
Well, you said not feeling like it. 22 A.
So you're expecting the 20,000 people who are working the 23 Q.
polls, if somebody comes in to say I didn't feel like it, to 24
think, okay, they must have been ill, so I'll give them an 04:39PM 25
29 of 59 sheets Page 275 to 278 of 325 08/28/2012 10:15:12 PM
275
affidavit? That's the way it works? 1
The voter has to write that down on the envelope, on the 2 A.
affidavit, and take an oath that it's true. 3
Well, it's true I didn't feel like it. Then when I get to 4 Q.
the county -- I mean, it has to be that the county, each of the 04:39PM 5
46 counties has the discretion to look at the reason that's 6
given and make a determination as to whether that is a true 7
impediment, in other words, that it really is something beyond 8
my control. They have to be able to make that judgment, don't 9
they? 04:40PM 10
The law says they count the ballot unless they have 11 A.
evidence that it's not true. 12
Well, the law doesn't say that, because you keep on saying 13 Q.
evidence, and what the law says is grounds, I believe. But 14
let's get out the law. The law says that "the board shall find 04:40PM 15
the provisional ballot is valid unless the board has grounds to 16
believe the affidavit is false." 17
Okay, grounds. 18 A.
Is it your testimony that each of these 46 boards is not 19 Q.
going to be making a determination as to whether the reason 04:40PM 20
that's offered constitutes something that's beyond the control 21
of the voter? 22
We're going to instruct counties to err on the side of the 23 A.
voter, and unless they have grounds, to count the ballot. 24
But I need an answer to my question. Suppose it's election 04:40PM 25 Q.
276
day and suppose we're not in the courtroom, because maybe that's 1
the problem we're having. I'm the county board and I call you 2
up and I say, Ms. Andino, I have some affidavits in front of me. 3
Some of the grounds that are being offered, they may be true, 4
but I don't think that they're things that constituted a reason 04:41PM 5
beyond the voter's control to get a photo ID. What do I do? 6
What's your answer? 7
I would tell them that the voter obviously believed that 8 A.
they had a reasonable impediment, and they took an oath saying 9
that they did, and they should count the ballot. 04:41PM 10
Now, that's contrary to the Attorney General's opinion, 11 Q.
isn't it? 12
I don't believe so. 13 A.
And just to give us some context, the reason the Attorney 14 Q.
General issued an opinion was because some of the counties came 04:41PM 15
to you and said, we don't understand how we're supposed to 16
interpret this, and you went to the Attorney General to get some 17
guidance, right? 18
Yes. 19 A.
And the Attorney General -- and I think this is the 04:42PM 20 Q.
language that Judge Bates pointed out in your guidance. You 21
took the language right out of the Attorney General's letter and 22
you put it into the guidance, that "it is evident that the 23
General Assembly sought to make allowances for those voters who 24
have a valid reason beyond their control which would prevent 04:42PM 25
277
them from obtaining a photo ID." 1
So a reasonable impediment has to be something beyond the 2
control of the voter. Right? 3
Yes. 4 A.
And are you saying that the county boards are not to make 04:42PM 5 Q.
the determination as to whether the voter's complied with the 6
law? 7
Unless the county has a reason, has grounds to believe that 8 A.
something wasn't out of their control. 9
So I'm the county board and I've got an affidavit in front 04:42PM 10 Q.
of me that says, Mars was made of green cheese that day, so I 11
didn't get a photo ID. Now, I'm not allowed on the county board 12
to make a determination as to whether that reason that's being 13
offered was, in the words of the Attorney General, beyond the 14
control of the voter? 04:43PM 15
I think the poll manager would -- I mean, in the question 16 A.
that the poll manager is asking, the voter should make that 17
decision. 18
And you don't think that the county boards, in determining 19 Q.
whether to count a reasonable impediment affidavit, as set out 04:43PM 20
in R54, as interpreted by the Attorney General, to constitute 21
something that is within "through no fault of his own," you 22
don't think the county board will follow that and make those 23
determinations? You think the county board will take a 24
reasonable impediment affidavit regardless of whether it's not 04:43PM 25
278
through the fault of the voter or not? 1
I think they will take the reasonable impediment affidavit 2 A.
unless they have grounds saying that it's not a reason to 3
believe -- 4
But you keep on saying that. But what I want to get to is, 04:44PM 5 Q.
does that include the fact that I'm the county board and I know 6
the reason being offered is not something that is not through 7
the fault of the voter. The voter says to me, I wanted to wash 8
my hair that day -- maybe that's not a good example for me to 9
give. But suppose the voter said I wanted to wash my hair that 04:44PM 10
day. Now, I'm on the county board. I know this doesn't fit 11
within the law, because the law tells me, as interpreted by the 12
Attorney General, that the reasonable impediment has to be 13
"through no fault of the voter." 14
Are you telling us that I have to accept, I'm a county 04:44PM 15
board, a reasonable impediment affidavit that is contrary to 16
what the Attorney General tells me R54 believes? 17
If we get a reasonable impediment affidavit and the reason 18 A.
says because I need to wash my hair, you know, that wouldn't be 19
outside of the control of the voter. 04:45PM 20
Exactly. And the county board has to make that decision, 21 Q.
don't they? 22
In that extreme situation, or the Mars situation, you know, 23 A.
how do you know? That's the question. How do you know what's 24
beyond the control of an individual voter? 04:45PM 25
08/28/2012 10:15:12 PM Page 279 to 282 of 325 30 of 59 sheets
279
Exactly. 1 Q.
So we err on the side of the voter and we count the ballot. 2 A.
Okay. Well, where you err and where you consider to be 3 Q.
extreme examples where you don't err is the whole problem, 4
because that's all up to the discretion of the county boards, 04:45PM 5
isn't it? 6
That's how most election law is. 7 A.
Well, the only one in front of this court and the only one 8 Q.
we're dealing with is R54, and R54 seems to give the county 9
boards an enormous amount of discretion to decide whose vote to 04:46PM 10
count. 11
MR. BOWERS: Objection to the characterization. 12
HON. COLLEEN KOLLAR-KOTELLY: Is that a question, 13
or... 14
MR. BEENEY: I am. I mean, don't you agree? 04:46PM 15
(Laughter) 16
Is that okay? 17
HON. COLLEEN KOLLAR-KOTELLY: That is a question. 18
THE WITNESS: That's why we went to the Attorney 19
General, to get guidance. 04:46PM 20
BY MR. BEENEY: 21
And in all seriousness, the county boards have to take this 22 Q.
guidance, and every time they see a reason, they have to make 23
their own determination as to whether the reason given is 24
through no fault of the voter or is not through the -- 04:46PM 25
280
HON. BRETT KAVANAUGH: What are you reading from, what 1
page? 2
MR. BEENEY: I'm sorry, Judge Kavanaugh. This is 3
Defendant-Intervenor 254. 4
HON. BRETT KAVANAUGH: What page of the opinion? 04:46PM 5
MR. BEENEY: The third page, four lines from the 6
bottom. Starting -- five lines from the bottom, to begin the 7
sentence, "The legislature has put in place a uniform system 8
statewide which allows voters who, through no fault of his own, 9
could not obtain a photo ID to vote." 04:47PM 10
HON. JOHN D. BATES: Ms. Andino, if you were the 11
county board making the decision, and you had an affidavit in 12
front of you that simply said "I didn't feel like it" as the 13
impediment, what decision would you make? 14
THE WITNESS: I would consider that they had taken an 04:47PM 15
oath when they filled out that affidavit, and that not feeling 16
like it might be the way that they say, you know, I'm sick and 17
they have been. So I would count the ballot. 18
HON. JOHN D. BATES: What if it instead said it was 19
too much trouble? 04:47PM 20
THE WITNESS: You know, it needs more explanation to 21
know -- 22
HON. JOHN D. BATES: Well, you don't have any more. 23
That's what the affidavit says. What would your decision be? 24
THE WITNESS: I would err on the side of the voter and 04:47PM 25
281
count their ballot. 1
HON. JOHN D. BATES: No matter what it says? 2
THE WITNESS: Well, if it said the cheese and the 3
Mars, maybe not, but... 4
HON. BRETT KAVANAUGH: On this, can you go down a 04:48PM 5
paragraph? That word "falsehoods," I'm curious what you think 6
that means, because isn't that the ultimate -- the sentence 7
before says "unless there is some reason," "some basis to 8
believe it's false." "In other words, unless there is reason to 9
believe the affidavit contains falsehoods." I think the 04:49PM 10
questioning has been trying to illuminate what is a falsehood. 11
I think. 12
MR. BEENEY: No, exactly. 13
BY MR. BEENEY: 14
I think, Ms. Andino, and I have to do this in a question to 04:49PM 15 Q.
you. I think what we're all struggling with is what does the 16
county board do? On the one hand, it's told this provision 17
really means it's got to be something beyond the voter's 18
control, and on the other side, it sounds like it's getting 19
guidance from you saying as long as the voter subjectively 04:49PM 20
believes they had an impediment. Those two things seem to 21
conflict. 22
Well, I think it's impossible for the county board to know 23 A.
what's beyond the control of individual voters, of each 24
individual voter. What's beyond my control is not the same as 04:49PM 25
282
what's beyond your control or other people. 1
I agree 100 percent with you that that is the problem. But 2 Q.
if you're telling the county board that they can't make that 3
determination, we're back to a photo ID law that allows anybody 4
to vote who fills in anything as long as they honestly believed 04:50PM 5
it. I wanted to watch the USC game, I felt like having a beer, 6
I don't like to cross the street to the county office because 7
it's dangerous. Is that what this law provides? 8
The law is written in the way it is, and we have to do the 9 A.
best job to interpret and give guidance to counties and instruct 04:50PM 10
them as always not to disenfranchise people, to err on the side 11
of the voter. 12
Well, I'm not sure if we'll profitably get any further by 13 Q.
exploring this. But I think I may try to come back to it in a 14
little bit more of an organized fashion. 04:50PM 15
But let me move on to the second way I understood you to 16
rewrite South Carolina law this afternoon, if I understood you 17
right. Did you say you were going to ask poll managers who were 18
not notaries to notarize affidavits? 19
Yes. 04:51PM 20 A.
How does that work? Don't you have to be a notary to 21 Q.
notarize an affidavit? 22
Yes. Or -- well, if a notary is not available -- person 23 A.
got sick, went home -- I'm not going to have a voter that's 24
standing there through no fault of their own can't get the 04:51PM 25
31 of 59 sheets Page 283 to 286 of 325 08/28/2012 10:15:12 PM
283
document notarized. I'm going to have a poll manager sign that. 1
And then what? 2 Q.
The poll manager would witness it. The poll managers are 3 A.
authorized to administer oaths, and, you know, these are not 4
people off the street. I'm going to err on the side of the 04:51PM 5
voter. 6
But it's not a notarized affidavit then, right? 7 Q.
It is not a notarized affidavit. But I'm not going to 8 A.
disenfranchise somebody because of something, through no fault 9
of their own, a poll manager was not available. And the 04:52PM 10
counties will make every effort to make sure there are adequate 11
numbers of poll managers available, but if somebody were to get 12
sick in the middle of the day and go home and they couldn't wait 13
for someone else to arrive, I'm not going to disenfranchise that 14
person. 04:52PM 15
Your sentiments are admirable, but the law requires a 16 Q.
notarized affidavit. How can you count a ballot that's against 17
the law? 18
I'm going to err on the side of the voter. 19 A.
Even if it means violating the law? 04:52PM 20 Q.
Yes. 21 A.
I guess I'll put this up anyway. This is the testimony of 22 Q.
Representative Clemmons, who was the main sponsor of the bill 23
that became law. And I'm reading from page 74 of his June 11 24
deposition from lines 15 through 18. And the question is, "And 04:53PM 25
284
if the notary is not present, the affidavit could not be taken? 1
"Answer: The affidavit must be taken in the presence of a 2
notary for it to constitute an affidavit, yes." 3
So at least that lawmaker is saying no notary, no 4
affidavit. You're saying no notary, affidavit, not only 04:53PM 5
affidavit, but vote. 6
Yes. 7 A.
Ms. Andino, if the boards have no ability to make a 8 Q.
determination -- withdrawn. If the boards have no discretion to 9
make a determination as to whether an impediment is reasonable, 04:54PM 10
what was the point of asking the Attorney General to give an 11
opinion on the issue, on what that means? 12
We needed guidance on what the term "reasonable impediment" 13 A.
meant. The law just simply stated "reasonable impediment." 14
But if nobody's going to interpret it, why did you need 04:54PM 15 Q.
guidance as to what it meant? 16
We needed guidance because the bill did not give us any 17 A.
guidance at all. 18
But the only reason you would need an interpretation of 19 Q.
something is if someone's going to interpret it; isn't that 04:54PM 20
right? 21
Yes. 22 A.
You said lack of transportation is a reasonable impediment, 23 Q.
right? 24
It could be. 04:55PM 25 A.
285
Exactly. When might it not be and when might it be? 1 Q.
If a person doesn't have a car, driver's license, the 2 A.
ability to drive. 3
What about if I lived 20 feet from the county office to get 4 Q.
a photo ID even if I don't have a car? Is that a reasonable 04:55PM 5
impediment? 6
Do you think it is? 7 A.
HON. COLLEEN KOLLAR-KOTELLY: You can't ask him. 8
HON. JOHN D. BATES: You need to answer his questions. 9
BY MR. BEENEY: 04:55PM 10
I'd be happy to trade places with you, I really would. 11 Q.
It could be, if that's something beyond the person's 12 A.
control. Maybe they don't have the means to get across the 13
street or next door. 14
Really, Ms. Andino, the whole point of all this, and I'm 04:55PM 15 Q.
not going to belabor it, I'm going to move on, but the whole 16
point of it is there's just no way of knowing whether I get to 17
vote or not. It's so up in the air. It's in everybody's 18
discretion, everybody's gotta figure it out. It's like sticking 19
your finger in the wind as to whether you're going to count 04:56PM 20
somebody's vote. 21
MR. BOWERS: Objection. Is there a question there? 22
BY MR. BEENEY: 23
Do you agree? 24 Q.
We're doing the best we can with what we were given to make 04:56PM 25 A.
286
this work for voters and not disenfranchise someone. 1
And if you don't do things like violate the law and take an 2 Q.
affidavit that's not notarized, you are going to disenfranchise 3
people. 4
Yes. 04:56PM 5 A.
Maybe it's a good time to ask you this question, 6 Q.
Ms. Andino. You're not asking this court to preclear R54, are 7
you? 8
No. The State Election Commission has remained neutral 9 A.
throughout the process. We are simply the implementing agency. 04:57PM 10
And you can't in any respect -- and I think I probably now 11 Q.
understand your testimony earlier a little bit better. But you 12
can't explain in any respect how R54 prevents voter fraud. 13
No. I believe it increases voter confidence in the 14 A.
process, but no. 04:57PM 15
Now, during the course of the debates over R54, you did 16 Q.
hear people say generally that the motive of R54 was to suppress 17
people's voting, to disenfranchise them. You heard that, didn't 18
you? 19
Yes. 04:57PM 20 A.
And forgive me if Ms. Meza asked you this, but you actually 21 Q.
checked with every county in the state to find out whether they 22
were aware of any substantiated case of voter impersonation 23
fraud, and the word you got back from all 46 counties was zero, 24
we have no evidence at all; is that right? 04:58PM 25
08/28/2012 10:15:12 PM Page 287 to 290 of 325 32 of 59 sheets
287
That's right. 1 A.
And you're not aware of any election fraud at any time in 2 Q.
the 20-some-odd years that you've been with the State Election 3
Commission that R54 would have prevented? 4
Not that R54 would have prevented. 04:58PM 5 A.
And you have no reason to believe that voter impersonation 6 Q.
fraud will occur in the future? 7
No. 8 A.
Now, while you know of no fraud that R54 addresses, you are 9 Q.
aware of some voting fraud that the General Assembly has not 04:58PM 10
addressed, such as voting by mail. 11
I don't have any evidence of voting by mail or any fraud 12 A.
there, but there are certainly areas that I would like to see 13
the General Assembly address. 14
Because you believe there is fraud with voting by mail, 04:59PM 15 Q.
which is something the General Assembly didn't address, correct? 16
Yes. 17 A.
And you've told them that you'd like them to address this, 18 Q.
correct? 19
Yes. 04:59PM 20 A.
Instead what they did was address the area where you're not 21 Q.
aware of any fraud. 22
That's right. 23 A.
Now, Ms. Meza asked you, and again I apologize if she asked 24 Q.
you this question as well, but she asked you about this survey 04:59PM 25
288
that you conducted of voters demonstrating a high level of 1
confidence in the system. Did anybody in the course of four 2
years of debating photo ID in the General Assembly say to you, 3
one of our major goals of R54 is to increase confidence in the 4
electoral system; do you have any information about how voters 05:00PM 5
feel about that? Did they ever say that to you in words or 6
substance? 7
I don't believe so. 8 A.
Now, one of the voting issues that the State Election 9 Q.
Commission has taken a position on is its support for early 05:00PM 10
voting, right? 11
That's correct. 12 A.
And you think the need for early voting in South Carolina 13 Q.
is obvious? 14
Yes. 05:00PM 15 A.
In 2006 there were waiting lines to vote -- excuse me -- in 16 Q.
2008 there were waiting lines to vote of up to six hours in 17
South Carolina? 18
That was in the absentee precinct, but yes. 19 A.
And you told the General Assembly that there are a number 05:00PM 20 Q.
of states that have early voting and it's working quite well? 21
Yes. 22 A.
And early voting makes it easier to vote in South Carolina? 23 Q.
Yes. 24 A.
And it decreases lines. 05:00PM 25 Q.
289
Yes. 1 A.
And there are instances where long lines make people give 2 Q.
up and go home and not vote. 3
Yes. 4 A.
Ms. Andino, you recall providing an affidavit to the Court 05:01PM 5 Q.
saying that the last date on which preclearance could be had in 6
order to implement R54 for the November election was August 1? 7
Yes. 8 A.
And when the Court asked for an update on that last 9 Q.
implementation date in July, nobody ever told you about the 05:01PM 10
Court's request; is that right? 11
I don't believe so. 12 A.
Instead, what was submitted to the Court was an opinion 13 Q.
letter from the Attorney General that you didn't even see before 14
it was submitted to the Court. 05:01PM 15
That's correct. 16 A.
Ms. Andino, who is Chris Whitmire? I'm not sure his name 17 Q.
has come up. 18
Chris Whitmire works in my office. He's the director of 19 A.
public information and training. 05:02PM 20
Do you remember having a conversation with him and trying 21 Q.
to figure out what "valid" means in R54? 22
We've had a number of conversations over the last year and 23 A.
a half or two years. 24
Do you remember sitting together and Mr. Whitmire saying to 05:02PM 25 Q.
290
you or you saying to him, what does this mean, we gotta figure 1
it out? 2
Not specifically. 3 A.
Just take a quick look at your June 6 deposition transcript 4 Q.
at page 215, and when you get there it's lines 4 to 7, just to 05:02PM 5
see if that refreshes your recollection. 6
HON. COLLEEN KOLLAR-KOTELLY: I think after this we 7
need to stop. 8
MR. BEENEY: Okay. 9
THE WITNESS: Page again? 05:02PM 10
MR. BEENEY: I'm sorry. 215. 11
HON. COLLEEN KOLLAR-KOTELLY: Did you tell her which 12
deposition? 13
MR. BEENEY: Yes, the June 6. 14
BY MR. BEENEY: 05:03PM 15
Is that the one you've got, Ms. Andino, the first one? 16 Q.
Yes. I have all four. 17 A.
Okay. And lines 4 to 7. Does that refresh your 18 Q.
recollection that you had a conversation with Mr. Whitmire in 19
which Mr. Whitmire was saying he's not sure what "valid" means? 05:03PM 20
I still -- yes. I mean, we've had lots of conversations 21 A.
like I've stated there. Right now, I don't remember the exact 22
conversation. 23
MR. BEENEY: Okay. 24
HON. JOHN D. BATES: I have two questions I'd like to 05:03PM 25
33 of 59 sheets Page 291 to 294 of 325 08/28/2012 10:15:12 PM
291
ask before we leave for the day. You said a few moments ago 1
that in your view R54 will increase voter confidence in the 2
system; is that correct? 3
THE WITNESS: Yes. 4
HON. JOHN D. BATES: If R54 were to be precleared by 05:04PM 5
this court around September 15, and you and all the other 6
election officials in South Carolina were to attempt to put it 7
into effect for the early November general election 8
approximately 45 days later, with all the implementation issues 9
that you're aware of and that you perceive, some of which you've 05:04PM 10
considered based on your experience, is there likely to be more 11
or less confusion at the polls on this election day in November? 12
THE WITNESS: Obviously, more time to implement is 13
always better. Regardless when this legislation, if it was 14
August 1 or September 15, it's going to create more confusion at 05:04PM 15
the polls simply because it's new. 16
HON. JOHN D. BATES: Therefore, in your experience and 17
judgment, will that increase voter confidence in the process? 18
THE WITNESS: I have gained that insight that it would 19
increase voter confidence in hearing people -- 05:05PM 20
HON. JOHN D. BATES: I'm talking about this election 21
day and what you've just testified to what your judgment would 22
happen on this election day in terms of confusion. Once that 23
occurs, would that increase voter confidence in the system? 24
THE WITNESS: I think it would in the minds of some 05:05PM 25
292
voters, because they may see it as a hindrance, they may see it 1
as it takes a little bit more time at the polls, but from people 2
that I've talked to, comments I've read online following photo 3
ID, you know, articles, a lot of voters or citizens feel that 4
having an ID requirement would increase their confidence. So 05:06PM 5
they may be willing to trade off a little longer line or waiting 6
at the polls for that. 7
HON. JOHN D. BATES: That's all I have. 8
HON. COLLEEN KOLLAR-KOTELLY: All right. You can go 9
ahead and step down and we'll start tomorrow first thing at 9 05:06PM 10
o'clock. 11
THE WITNESS: Thank you. 12
(The witness steps down.) 13
HON. BRETT KAVANAUGH: Just speaking for myself, 14
asking all three parties, some of the testimony we've heard goes 05:06PM 15
to the effects prong, and you're not bound by the answer, but 16
are all three parties taking the Florida test that was 17
articulated in the three-judge district court decision recently 18
as the proper test, namely disproportionate impact plus material 19
burden, how it's phrased in that opinion, as the proper test? 05:06PM 20
You're not bound by this answer, but as I'm hearing the 21
evidence, I'm interested in knowing how I'm supposed to analyze 22
it. 23
HON. JOHN D. BATES: We're all interested in it. 24
MR. BARTOLOMUCCI: Would Your Honor like the state to 05:07PM 25
293
speak to that or is that just a question for us to consider? 1
HON. BRETT KAVANAUGH: No. If you all three can speak 2
to it now. And again, you're not bound by it because I realize 3
legal positions can shift and change. But I'm curious as of 4
now, and the pretrial briefs seems to indicate that the answer 05:07PM 5
to the question is yes, but I'm curious if that's still the 6
case. 7
MR. BARTOLOMUCCI: Chris Bartolomucci for South 8
Carolina. South Carolina's position would be that we meet the 9
Florida test, and so if that is the test that's applied, we 05:07PM 10
satisfy it. But I think we would reserve the right to say that 11
that is not the correct test, that it should be lower, for 12
example. 13
HON. JOHN D. BATES: And presumably you'll be 14
articulating at some point in these proceedings, if you believe 05:07PM 15
a different test is the correct test? 16
MR. BARTOLOMUCCI: We'll be submitting proposed 17
conclusions of law, so yes. 18
HON. BRETT KAVANAUGH: Right. Okay. 19
MR. HEARD: Your Honor, the United States is certainly 05:08PM 20
aware of the Florida decision. We do believe it provides 21
significant guidance for the parties. We are still in the 22
process of analyzing it. 23
HON. BRETT KAVANAUGH: Okay. That's helpful. Thank 24
you. 05:08PM 25
294
(Laughter) 1
HON. BRETT KAVANAUGH: I meant that sincerely. 2
HON. JOHN D. BATES: But you can try to do better than 3
either of the two parties. 4
MR. BEENEY: I was just going to say, if that's 05:08PM 5
helpful, I've got a good one for you. The intervenors believe 6
that the court in the Florida decision correctly articulated the 7
Section 5 standard, particularly with respect to the evidence in 8
this case and the voter ID at issue in this case. 9
HON. BRETT KAVANAUGH: Thank you. 05:08PM 10
MR. BEENEY: Your Honors, while I have you for just a 11
moment, can I just perhaps lay on the table something I think 12
we're going to file tonight, which is the intervenors have been 13
struggling with the time that we've had, and we're going to be 14
asking the Court tonight for what we think may be another 45 to 05:09PM 15
60 minutes to attempt to put on our case. 16
HON. COLLEEN KOLLAR-KOTELLY: I think the difficulty 17
will be is that it all needs to be squeezed in in this week. 18
MR. BEENEY: Certainly we're willing to start earlier 19
in the morning or go later at night or whatever. 05:09PM 20
HON. COLLEEN KOLLAR-KOTELLY: One thing I will do is I 21
will look this evening at where we are on timing, and I guess 22
one question -- I do unfortunately have to stop at 4:30 23
tomorrow. I have an 18-codefendant case, and it was too hard to 24
move it around. I am going to do it in another courtroom, so 05:09PM 25
08/28/2012 10:15:12 PM Page 295 to 298 of 325 34 of 59 sheets
295
you do not need to break down computers and everything else. We 1
can talk about -- and I know that the other trials eventually in 2
some instances wound up starting earlier and staying later. 3
We'd have to talk to our court reporters as well. 4
MR. BEENEY: We have honestly cut down, cut down, and 05:10PM 5
cut down, but we still need time for our own case. I think 6
we'll probably give up on Ms. Bowers, who is the state's next 7
witness, to save some time, and not do anything with Ms. Bowers. 8
But as best I can figure it out with my co-counsel, we're 9
probably running about 45 to 60 minutes short. 05:10PM 10
HON. COLLEEN KOLLAR-KOTELLY: Okay. Anybody have any 11
position on that? 12
MR. BARTOLOMUCCI: For South Carolina, subject to what 13
we read tonight, I think we would oppose that. We think an 14
ample amount of time has been allocated. The Department of 05:10PM 15
Justice is free to cede additional time to the intervenors if 16
they so choose. So I expect we would oppose Mr. Beeney's 17
motion. 18
HON. COLLEEN KOLLAR-KOTELLY: Would you oppose if the 19
Court decided to add some additional time, which might mean 05:10PM 20
adding in the morning and in the evening? Would you be able to 21
do it? 22
MR. BARTOLOMUCCI: Yes. We would be able to come 23
earlier, stay later, yes. 24
HON. COLLEEN KOLLAR-KOTELLY: Okay. DOJ? 05:11PM 25
296
MR. HEARD: The United States would not object to 1
that, Your Honors. 2
HON. COLLEEN KOLLAR-KOTELLY: I take it that at this 3
point, you've -- I forgot how much time you've ceded -- I have 4
it written down here, but do you see at this point any other 05:11PM 5
possibilities of ceding time as you see things moving along or 6
not? 7
HON. JOHN D. BATES: Why don't you all talk about 8
that. 9
HON. COLLEEN KOLLAR-KOTELLY: I won't put you on the 05:11PM 10
spot. 11
MR. HEARD: We are looking at that issue, Your Honors. 12
We haven't made a final decision about that. 13
HON. COLLEEN KOLLAR-KOTELLY: All right. We'll have 14
some discussions about it. All right. We'll see you tomorrow 05:11PM 15
promptly at 9:00. 16
(Proceedings adjourned at 5:11 p.m.) 17
18
19
20
21
22
23
24
25
297
* * * * * *
CERTIFICATE
I, BRYAN A. WAYNE, Official Court Reporter, certify
that the foregoing pages are a correct transcript from the
record of proceedings in the above-entitled matter.
__________________
BRYAN A. WAYNE
Bryan A. Wayne, RPR, CRR
298
Bryan A. Wayne, RPR, CRR
35 of 59 sheets Page 299 to 301 of 325 08/28/2012 10:15:12 PM
299
300
INDEX
WITNESS: PAGE:
Glenn McConnell: Examination Cont' by Mr. Potenza...... 166
Examination by Mr. Beeney............. 168
Examination by Ms. Baldwin............ 185
Examination by Mr. Potenza............ 193
Marci Andino: Examination by Mr. Bowers............. 196
Examination by Ms. Meza............... 253
Examination by Mr. Beeney............. 270
301
* * * * * *
CERTIFICATE
I, BRYAN A. WAYNE, Official Court Reporter, certify that
the foregoing pages are a correct transcript from the record of
proceedings in the above-entitled matter.
__________________
BRYAN A. WAYNE
08/28/2012 10:15:12 PM Page 302 to 302 of 325 36 of 59 sheets
'
'04 [1] - 247:18
'05 [1] - 247:18
0
000455 [1] - 250:7
00078671 [1] - 249:9
00164948 [1] - 237:18
1
1 [10] - 203:18, 207:9,
218:23, 218:24,
220:16, 220:19,
221:4, 221:8, 289:7,
291:15
10 [4] - 185:4, 197:2,
197:3, 240:11
100 [3] - 237:3,
237:18, 282:2
100,000 [1] - 216:22
10004 [1] - 164:13
10013 [1] - 165:10
101 [1] - 205:25
11 [1] - 283:24
12 [1] - 250:23
12-203 [1] - 163:3
125 [1] - 164:12
12th [1] - 165:9
14 [1] - 183:3
1401 [1] - 165:13
1440 [1] - 164:16
15 [9] - 221:9, 221:11,
221:17, 222:11,
223:13, 248:9,
283:25, 291:6,
291:15
15(a [1] - 194:14
150 [1] - 190:17
16 [2] - 197:10, 223:14
160 [1] - 190:17
161 [1] - 165:9
163 [1] - 163:7
163,000 [1] - 190:20
166 [1] - 300:4
168 [1] - 300:4
17 [2] - 183:6, 183:8
178,175 [2] - 190:16,
257:11
18 [1] - 283:25
18-codefendant [1] -
294:24
185 [1] - 300:5
189 [1] - 184:18
1919 [1] - 163:17
193 [1] - 300:5
196 [1] - 300:6
1:38 [1] - 163:5
2
2 [1] - 163:6
2,000 [2] - 232:4,
232:6
2,100 [6] - 231:1,
231:2, 231:5,
254:21, 272:21
20 [3] - 183:5, 236:16,
285:4
20,000 [9] - 204:13,
215:6, 233:17,
233:23, 245:4,
255:16, 272:21,
274:5, 274:23
20-some-odd [1] -
287:3
200,000 [2] - 237:15,
237:16
20001 [1] - 165:17
20002 [1] - 165:6
20005 [1] - 165:14
20008 [1] - 165:3
2003 [2] - 247:19,
248:6
20036 [1] - 163:18
2004 [7] - 202:6,
222:23, 247:19,
248:7, 264:18,
269:24, 270:4
2005 [1] - 222:23
2006 [5] - 251:24,
269:24, 270:4,
270:14, 288:16
2008 [2] - 251:5,
288:17
2009 [1] - 166:11
2009-2010 [1] - 256:4
201 [1] - 190:3
2010 [7] - 171:9,
256:16, 257:14,
258:8, 258:23,
268:15, 268:23
2011 [2] - 166:11,
268:12
2011-2012 [1] - 258:20
2012 [6] - 163:4,
171:10, 205:1,
207:9, 216:5, 265:2
202 [6] - 163:18,
164:7, 165:4, 165:7,
165:14, 165:18
20530 [1] - 164:7
208 [1] - 256:23
21,000 [1] - 231:2
210 [1] - 164:20
212 [1] - 164:13
215 [3] - 165:6, 290:5,
290:11
230 [1] - 164:16
24 [1] - 189:5
25 [2] - 253:6, 269:1
253 [1] - 300:7
254 [1] - 280:4
26 [1] - 194:12
270 [1] - 300:7
28 [1] - 163:4
292-8327 [1] - 165:10
29401 [1] - 164:21
29412 [1] - 163:20
3
3 [2] - 249:8
30 [7] - 184:19,
187:18, 202:24,
206:25, 242:15,
260:24, 261:12
3003 [3] - 172:25,
174:23, 258:25
30303 [1] - 164:17
333 [1] - 165:17
3418 [3] - 187:24,
189:21, 258:2
353-8743 [1] - 164:7
354-3186 [1] - 165:18
3:27 [1] - 236:17
3:41 [1] - 236:17
4
4 [10] - 241:6, 246:6,
246:10, 246:12,
246:13, 246:21,
259:4, 290:5, 290:18
40 [1] - 164:20
400 [3] - 165:13,
252:4, 252:9
404 [1] - 164:17
416-0257 [1] - 163:18
43 [2] - 268:18, 268:21
4301 [1] - 165:2
434 [1] - 165:3
45 [3] - 291:9, 294:15,
295:10
457-0800 [1] - 165:4
46 [21] - 204:12,
204:18, 205:6,
205:13, 211:21,
213:19, 214:7,
219:4, 235:16,
248:4, 253:18,
255:4, 261:16,
265:1, 266:25,
268:3, 268:13,
268:18, 275:6,
275:19, 286:24
4704-A[1] - 165:16
4:00 [1] - 236:16
4:30 [1] - 294:23
5
5 [3] - 246:10, 251:2,
294:8
50 [3] - 183:4, 183:5,
189:8
523-2721 [1] - 164:17
55 [1] - 169:24
558-1863 [1] - 164:13
5:00 [4] - 250:13,
250:14, 250:15
5:11 [1] - 296:17
6
6 [4] - 220:18, 221:18,
290:4, 290:14
60 [2] - 294:16, 295:10
609-7080 [1] - 163:21
60th [1] - 215:21
63 [1] - 248:13
646 [1] - 165:10
662-8389 [1] - 165:14
7
7 [2] - 290:5, 290:18
7-13 [1] - 249:25
7-13-710(A) [1] -
249:11
70 [1] - 190:17
710(A[1] - 249:25
720-1428 [1] - 164:21
736-2200 [1] - 165:7
74 [1] - 283:24
79 [3] - 206:14,
206:19, 212:3
8
80 [1] - 270:7
81 [1] - 201:12
843 [2] - 163:21,
164:21
867 [1] - 170:1
88 [2] - 203:19, 204:1
88574 [1] - 249:9
89 [2] - 248:8, 248:10
8:00 [1] - 250:14
302
8:30 [2] - 250:13,
250:15
9
9 [1] - 292:10
90 [1] - 270:7
934 [1] - 163:20
950 [1] - 164:6
97 [1] - 204:21
99 [3] - 211:10,
218:15, 218:24
9:00 [2] - 250:14,
296:16
A
A.B [1] - 164:10
ability [4] - 166:25,
209:13, 284:8, 285:3
able [24] - 177:3,
179:14, 216:21,
220:23, 226:9,
226:15, 229:10,
232:2, 233:24,
234:10, 241:1,
242:16, 242:22,
244:12, 260:20,
261:4, 261:8,
261:19, 262:1,
262:4, 263:4, 275:9,
295:21, 295:23
above-entitled [2] -
297:5, 301:5
absent [1] - 205:12
absentee [8] - 170:18,
195:23, 238:19,
250:21, 250:25,
251:15, 251:16,
288:19
absolutely [1] -
220:22
ABUDU [1] - 164:14
accept [3] - 177:7,
217:5, 278:15
acceptable [5] -
169:12, 178:14,
229:18, 238:8,
245:18
accepted [1] - 192:7
access [4] - 183:18,
252:2, 252:6, 252:8
accommodate [2] -
250:20, 251:1
accommodated [1] -
191:3
accomplished [1] -
195:25
according [1] - 270:3
37 of 59 sheets Page 303 to 303 of 325 08/28/2012 10:15:12 PM
accurate [6] - 170:8,
183:17, 185:7,
258:14, 258:17,
260:4
accustomed [1] -
205:19
acquire [1] - 240:19
acquired [1] - 226:14
act [8] - 167:10,
194:22, 201:2,
204:5, 246:10,
253:25, 254:4, 254:8
Act [20] - 167:17,
167:20, 167:25,
168:5, 168:9,
176:13, 184:11,
191:11, 245:24,
247:19, 247:22,
250:21, 259:2,
259:4, 262:19,
264:25, 265:5,
265:16, 266:22,
269:16
acting [1] - 254:12
action [1] - 200:5
activists [1] - 175:12
actual [1] - 241:25
ad [1] - 201:17
add [2] - 169:5, 295:20
adding [2] - 259:9,
295:21
addition [1] - 170:22
additional [4] -
199:15, 250:20,
295:16, 295:20
address [12] - 166:20,
190:6, 203:2,
225:20, 235:9,
235:10, 236:5,
251:17, 287:14,
287:16, 287:18,
287:21
addressed [3] -
166:19, 179:9,
287:11
addresses [2] - 203:1,
287:9
adequate [2] - 246:18,
283:11
adjourned [1] - 296:17
adjustments [1] -
212:1
administer [2] -
233:11, 283:4
administration [3] -
200:10, 232:2, 253:7
administrative [2] -
235:9, 236:1
admirable [1] - 283:16
adopt [4] - 254:1,
260:11, 260:13,
260:14
adopted [2] - 169:10,
176:6
advertising [1] - 202:2
advice [1] - 187:8
affect [2] - 190:23,
258:11
affidavit [65] - 167:6,
210:25, 211:4,
211:6, 212:8, 212:9,
212:19, 212:24,
213:5, 213:8, 214:1,
214:5, 225:1,
225:16, 228:1,
228:12, 228:21,
229:7, 229:10,
229:21, 230:12,
231:8, 231:9,
231:10, 233:4,
233:10, 234:14,
235:8, 236:9, 265:8,
265:10, 267:12,
267:13, 272:10,
273:8, 273:12,
273:17, 274:6,
274:16, 275:1,
275:3, 275:17,
277:10, 277:20,
277:25, 278:2,
278:16, 278:18,
280:12, 280:16,
280:24, 281:10,
282:22, 283:7,
283:8, 283:17,
284:1, 284:2, 284:3,
284:5, 284:6, 286:3,
289:5
affidavits [2] - 276:3,
282:19
African [9] - 169:10,
176:21, 176:23,
176:25, 177:1,
182:7, 186:8,
186:12, 186:17
afternoon [17] - 166:2,
166:8, 166:9,
168:19, 168:20,
185:20, 196:14,
196:19, 196:20,
236:14, 236:19,
236:20, 252:21,
253:6, 270:23,
270:24, 282:17
afterwards [1] -
181:17
AG[1] - 217:22
age [2] - 232:14,
257:24
agencies [1] - 247:22
agency [12] - 197:10,
197:11, 197:16,
197:18, 200:10,
202:3, 205:16,
205:20, 211:20,
235:22, 239:16,
286:10
agency's [1] - 211:11
aggressive [1] - 201:1
ago [5] - 167:2, 208:8,
220:7, 245:16, 291:1
agree [7] - 179:23,
192:1, 255:18,
266:23, 279:15,
282:2, 285:24
agreed [3] - 176:21,
180:12, 265:20
ahead [6] - 168:16,
191:16, 206:12,
236:21, 240:16,
292:10
aided [1] - 165:25
aimed [1] - 191:9
air [1] - 285:18
AL [1] - 163:6
ALAN [2] - 163:22,
164:1
Alan [1] - 257:6
ALICIA[1] - 164:11
alike [1] - 179:21
all-inclusive [1] -
266:13
allegations [1] -
166:18
Allen [1] - 257:7
allocated [1] - 295:15
allow [9] - 171:13,
194:1, 217:9,
224:20, 229:25,
244:4, 251:15,
267:3, 274:9
allowances [1] -
276:24
allowed [4] - 169:15,
171:18, 199:12,
277:12
allowing [1] - 177:5
allows [4] - 251:16,
271:5, 280:9, 282:4
ALLSENATE [1] -
190:6
almost [3] - 179:15,
197:2, 197:3
ALSO[1] - 163:22
alternative [2] - 273:4
Amdur [1] - 169:2
AMDUR [1] - 164:11
amend [2] - 175:4,
175:5
amended [1] - 198:24
amendment [12] -
166:19, 166:21,
167:8, 169:9,
169:25, 170:25,
171:5, 171:8,
172:13, 175:4,
182:19, 194:14
amendments [1] -
194:15
AMERICA[1] - 163:6
America [2] - 245:24,
247:19
American [6] - 164:15,
164:19, 165:1,
169:10, 186:9,
186:12
Americans [6] -
176:22, 176:23,
176:25, 177:1,
182:7, 186:17
Americas [1] - 165:9
amount [4] - 175:10,
190:18, 279:10,
295:15
ample [1] - 295:15
analysis [1] - 256:16
analyze [1] - 292:22
analyzing [1] - 293:23
Anderson [1] - 177:18
Andino [49] - 196:10,
196:11, 196:19,
196:22, 196:23,
198:18, 201:11,
203:18, 204:20,
205:24, 206:16,
207:17, 208:12,
209:3, 210:8, 211:9,
218:14, 230:14,
237:1, 237:19,
241:6, 243:13,
244:23, 245:16,
246:6, 249:10,
250:8, 251:18,
252:14, 253:6,
253:15, 256:2,
256:25, 258:18,
265:4, 268:12,
270:17, 270:23,
270:25, 276:3,
280:11, 281:15,
284:8, 285:15,
286:7, 289:5,
289:17, 290:16,
300:6
ANDINO [1] - 196:13
ANGELA[1] - 164:4
Anna [1] - 185:20
ANNA[1] - 164:2
answer [18] - 168:12,
184:23, 184:24,
303
185:4, 214:16,
217:4, 217:12,
224:17, 224:19,
224:21, 252:12,
275:25, 276:7,
284:2, 285:9,
292:16, 292:21,
293:5
answered [1] - 230:1
answering [1] - 273:3
anytime [1] - 207:11
anyway [2] - 235:24,
283:22
apart [1] - 253:21
apologize [2] - 176:3,
287:24
APPEARANCES [1] -
163:14
appendix [1] - 250:7
applicant [1] - 261:18
applied [1] - 293:10
appointed [1] - 197:18
appreciate [1] -
230:20
approach [1] - 252:22
approached [1] -
166:14
approval [1] - 185:1
approvals [1] - 239:15
approved [4] - 238:16,
239:12, 239:20,
262:22
area [4] - 208:22,
239:23, 274:1,
287:21
areas [4] - 222:13,
222:18, 254:6,
287:13
argue [1] - 178:17
arguing [1] - 177:4
argument [3] - 178:19,
184:2, 184:4
arrive [1] - 283:14
ARTHUR [1] - 165:1
articles [1] - 292:4
articulated [2] -
292:18, 294:7
articulating [1] -
293:15
aside [1] - 202:10
aspects [1] - 204:4
Assembly [11] - 193:2,
197:22, 258:24,
268:4, 268:10,
276:24, 287:10,
287:14, 287:16,
288:3, 288:20
assessment [1] -
219:20
assist [1] - 248:13
08/28/2012 10:15:12 PM Page 304 to 304 of 325 38 of 59 sheets
assisting [1] - 232:23
assume [4] - 186:25,
214:15, 229:6,
233:16
assuming [4] -
166:16, 222:1,
222:11, 261:25
assurance [4] -
180:16, 180:17,
180:21
assured [1] - 240:23
Atlanta [1] - 164:17
attachment [1] -
257:16
attempt [3] - 208:23,
291:7, 294:16
attempted [1] - 269:5
attempts [1] - 188:18
attend [2] - 204:16,
204:17
attention [3] - 182:13,
218:23, 249:10
Attorney [23] - 163:22,
163:23, 217:18,
217:23, 218:5,
218:9, 219:7,
265:22, 265:24,
266:7, 268:1,
276:11, 276:14,
276:17, 276:20,
276:22, 277:14,
277:21, 278:13,
278:17, 279:19,
284:11, 289:14
August [3] - 163:4,
289:7, 291:15
authority [9] - 200:7,
234:2, 239:14,
253:24, 254:4,
254:6, 254:8,
254:11, 254:16
authorize [1] - 200:5
authorized [3] -
200:14, 233:10,
283:4
automobiles [1] -
183:19
available [17] - 209:5,
209:9, 210:5,
226:16, 231:11,
232:25, 233:2,
233:12, 239:17,
240:20, 240:24,
261:15, 264:12,
264:15, 282:23,
283:10, 283:12
Avenue [5] - 164:6,
165:2, 165:9,
165:13, 165:17
avoid [1] - 170:19
awaiting [3] - 203:6,
262:9, 264:8
award [3] - 248:7,
248:12, 248:13
aware [21] - 183:10,
186:2, 186:6,
187:15, 203:16,
207:17, 210:8,
221:16, 224:7,
233:21, 238:10,
240:8, 266:17,
269:3, 269:14,
286:23, 287:2,
287:10, 287:22,
291:10, 293:21
awareness [1] -
203:15
B
bad [1] - 175:8
badges [1] - 177:4
Bakari [1] - 257:6
BALDWIN [4] - 164:2,
185:19, 193:13,
196:5
Baldwin [2] - 183:9,
185:20
Baldwin........... [1] -
300:5
ballot [52] - 166:16,
167:5, 167:6,
167:14, 191:2,
195:16, 195:17,
210:16, 211:4,
212:20, 212:25,
213:11, 213:12,
213:16, 217:10,
220:23, 221:2,
225:6, 225:7,
225:15, 229:11,
229:16, 230:7,
234:14, 234:15,
234:16, 234:17,
234:18, 234:20,
234:22, 234:23,
234:24, 235:6,
241:18, 244:13,
265:7, 265:13,
267:8, 267:11,
272:18, 273:1,
274:10, 275:11,
275:16, 275:24,
276:10, 279:2,
280:18, 281:1,
283:17
ballots [4] - 235:1,
235:3, 235:7, 235:10
Bancroft [1] - 163:17
bank [1] - 245:25
Bartolomucci [1] -
293:8
BARTOLOMUCCI [7] -
163:15, 196:9,
292:25, 293:8,
293:17, 295:13,
295:23
based [10] - 166:16,
177:20, 180:20,
187:20, 212:1,
256:15, 257:21,
267:8, 291:11
basic [1] - 182:6
basis [10] - 180:23,
189:11, 194:25,
200:17, 205:18,
206:25, 213:13,
213:25, 281:8
Bates [3] - 237:18,
249:8, 276:21
BATES [52] - 163:12,
214:12, 215:4,
215:8, 217:11,
219:14, 221:3,
223:22, 223:25,
224:8, 224:12,
224:16, 225:22,
226:17, 227:2,
227:9, 227:18,
228:16, 230:11,
230:21, 233:14,
234:2, 238:5,
240:15, 241:7,
241:9, 241:19,
242:3, 242:8,
242:20, 243:7,
244:5, 245:3,
245:11, 246:20,
261:10, 267:14,
268:9, 280:11,
280:19, 280:23,
281:2, 285:9,
290:25, 291:5,
291:17, 291:21,
292:8, 292:24,
293:14, 294:3, 296:8
became [9] - 169:18,
180:2, 184:10,
186:2, 186:6,
187:15, 189:2,
194:23, 283:24
become [2] - 248:8,
264:21
Beeney [4] - 168:16,
191:9, 252:19,
270:19
BEENEY [23] - 164:9,
168:18, 185:13,
196:4, 270:20,
270:22, 279:15,
279:21, 280:3,
280:6, 281:13,
281:14, 285:10,
285:23, 290:9,
290:11, 290:14,
290:15, 290:24,
294:5, 294:11,
294:19, 295:5
Beeney's [1] - 295:17
Beeney............ [2] -
300:4, 300:7
beer [1] - 282:6
BEFORE [1] - 163:11
beg [1] - 252:10
begin [5] - 219:15,
246:12, 246:15,
253:15, 280:7
beginning [1] - 185:24
behalf [2] - 196:15,
252:21
behind [7] - 167:4,
171:3, 171:13,
174:18, 182:22,
183:15, 191:5
belabor [1] - 285:16
belief [2] - 244:24,
267:9
believes [4] - 212:10,
220:3, 278:17,
281:21
bell [1] - 171:8
best [14] - 169:18,
181:5, 185:1,
192:19, 192:23,
195:5, 195:6, 195:8,
195:21, 208:16,
274:1, 282:10,
285:25, 295:9
better [15] - 176:5,
176:8, 176:12,
184:16, 192:13,
192:14, 192:15,
192:16, 200:1,
241:22, 241:24,
243:7, 286:12,
291:14, 294:3
between [8] - 172:6,
172:10, 210:7,
215:2, 218:4,
221:17, 266:5,
266:21
beyond [16] - 219:16,
219:18, 219:22,
242:21, 275:8,
275:21, 276:6,
276:25, 277:2,
277:14, 278:25,
281:18, 281:24,
281:25, 282:1,
285:12
304
bids [1] - 248:12
big [1] - 173:23
bill [87] - 166:17,
167:1, 169:6,
172:21, 172:24,
173:7, 173:10,
173:12, 174:11,
174:23, 175:3,
175:7, 175:8,
175:15, 176:2,
176:5, 176:7,
176:12, 176:20,
177:2, 177:14,
179:8, 179:14,
179:19, 179:20,
180:15, 181:2,
181:8, 181:12,
181:14, 181:18,
181:20, 182:18,
184:6, 184:7, 184:8,
184:10, 184:16,
184:22, 185:1,
185:2, 185:8, 186:2,
186:3, 186:19,
187:6, 187:13,
187:16, 188:4,
188:8, 188:21,
188:23, 189:1,
189:2, 189:6,
189:13, 189:14,
189:18, 189:22,
191:1, 191:4,
191:15, 192:5,
192:6, 192:14,
192:15, 192:16,
192:19, 194:10,
195:8, 195:12,
195:22, 198:11,
216:11, 246:1,
247:20, 249:16,
256:3, 259:9,
283:23, 284:17
bills [1] - 172:11
binder [1] - 253:2
bipartisan [4] - 176:7,
176:12, 185:9,
194:25
biracial [1] - 185:10
birth [3] - 183:25,
218:2, 266:4
bit [14] - 180:9,
180:11, 192:11,
197:8, 197:13,
200:7, 201:3, 205:8,
229:5, 237:6, 272:8,
282:15, 286:12,
292:2
Black [1] - 187:16
blamed [3] - 193:2,
193:3, 193:5
39 of 59 sheets Page 305 to 305 of 325 08/28/2012 10:15:12 PM
blank [3] - 213:14,
213:23, 225:22
block [1] - 194:17
board [28] - 211:3,
213:13, 213:15,
225:6, 261:7,
262:16, 262:20,
262:25, 263:4,
263:7, 263:12,
268:14, 275:15,
275:16, 276:2,
277:10, 277:12,
277:23, 277:24,
278:6, 278:11,
278:16, 278:21,
280:12, 281:17,
281:23, 282:3
boards [28] - 210:25,
214:2, 235:16,
235:20, 253:16,
253:17, 253:20,
253:25, 254:4,
254:8, 254:12,
254:16, 260:18,
260:20, 261:16,
263:11, 263:19,
265:6, 267:7,
268:13, 275:19,
277:5, 277:19,
279:5, 279:10,
279:22, 284:8, 284:9
body [4] - 174:12,
176:8, 188:5, 197:14
born [1] - 183:24
bottom[3] - 190:14,
280:7
bound [4] - 218:5,
292:16, 292:21,
293:3
Bowers [5] - 196:15,
259:5, 272:6, 295:7,
295:8
BOWERS [36] -
163:24, 196:14,
196:18, 206:13,
206:15, 217:15,
220:5, 222:5,
223:24, 226:3,
229:3, 230:14,
230:16, 230:20,
230:23, 234:6,
236:15, 236:20,
236:22, 236:24,
236:25, 238:9,
240:17, 241:8,
243:12, 244:22,
245:15, 246:3,
246:5, 247:4,
252:10, 252:25,
253:3, 267:2,
279:12, 285:22
Bowers' [1] - 223:20
Bowers............ [1] -
300:6
box [4] - 234:16,
234:17, 234:24,
235:6
BRADLEY [1] - 164:1
branch [1] - 179:22
break [2] - 236:14,
295:1
breakdown [3] -
257:14, 257:18,
257:24
Brennan [1] - 165:8
BRETT [23] - 163:12,
216:4, 216:16,
221:8, 221:12,
225:2, 225:9,
227:22, 228:11,
228:15, 228:21,
228:23, 229:2,
233:24, 280:1,
280:5, 281:5,
292:14, 293:2,
293:19, 293:24,
294:2, 294:10
briefed [1] - 215:16
briefly [1] - 247:14
briefs [1] - 293:5
bring [4] - 169:6,
169:8, 178:3, 229:8
bringing [2] - 184:1,
243:5
broad [2] - 209:2,
268:5
Broad [1] - 164:12
broader [6] - 169:12,
170:22, 171:25,
176:10, 179:24,
191:10
brochures [1] -
201:18
broke [2] - 181:6,
181:7
broken [2] - 227:13,
227:19
brought [2] - 183:11,
220:14
Bryan [1] - 165:15
BRYAN [7] - 163:15,
163:23, 164:2,
297:3, 297:6, 301:3,
301:6
budge [1] - 173:2
budget [1] - 174:18
built [1] - 209:14
bulk [1] - 248:2
bunch [1] - 230:1
burden [2] - 213:17,
292:20
bus [18] - 222:23,
223:1, 223:4, 223:6,
223:10, 223:14,
223:16, 226:5,
239:23, 247:16,
263:23, 264:2,
264:6, 264:11,
264:12, 264:15,
264:17, 265:1
busy [1] - 251:13
but.. [2] - 225:10,
281:4
Butch [1] - 196:15
buy [1] - 246:23
BY [31] - 166:7,
168:18, 185:19,
193:16, 196:18,
206:15, 217:15,
220:5, 222:5, 229:3,
230:23, 234:6,
236:25, 238:9,
240:17, 243:12,
244:22, 245:15,
246:5, 247:4, 253:5,
256:24, 261:14,
267:6, 268:11,
270:22, 279:21,
281:14, 285:10,
285:23, 290:15
C
CA[1] - 163:3
calendar [2] - 268:16,
268:23
Calhoun [1] - 164:20
camera [4] - 223:4,
240:21, 246:14,
246:23
cameras [3] - 209:15,
226:13, 240:23
CAMONI [1] - 164:11
Campaign [1] - 165:5
campaign [1] - 192:22
Campsen [6] - 173:4,
173:9, 178:4, 186:1,
187:2, 187:4
cannot [4] - 175:5,
188:4, 234:5, 263:12
capacity [1] - 259:10
Capital [1] - 165:2
captioned [1] - 238:11
capture [1] - 209:13
car [2] - 285:2, 285:5
card [42] - 170:4,
172:16, 199:2,
199:3, 208:3, 208:5,
221:22, 222:7,
222:16, 237:9,
239:19, 239:21,
240:1, 240:3, 240:4,
240:5, 240:6, 240:7,
240:12, 241:2,
243:6, 245:17,
245:20, 245:22,
246:8, 247:9,
251:17, 259:11,
259:15, 260:21,
261:3, 261:8,
261:15, 261:20,
261:24, 262:4,
262:13, 262:20,
262:24, 263:1,
263:2, 263:24
cards [11] - 174:7,
209:7, 222:20,
223:5, 223:18,
226:9, 246:16,
247:3, 259:7,
264:16, 264:20
care [2] - 191:6, 191:9
CAROLINA[1] - 163:3
Carolina [42] - 163:22,
163:24, 164:19,
173:24, 176:6,
179:2, 183:25,
192:14, 196:16,
197:6, 199:1, 202:3,
208:3, 217:22,
220:17, 230:25,
238:11, 240:8,
240:10, 243:9,
244:10, 244:24,
247:9, 247:10,
248:2, 248:5, 249:5,
249:9, 253:7,
253:10, 261:22,
262:7, 270:5, 271:4,
273:25, 282:17,
288:13, 288:18,
288:23, 291:7,
293:9, 295:13
Carolina's [3] - 256:4,
270:8, 293:9
cart [2] - 178:10,
194:20
case [11] - 169:3,
239:5, 266:18,
269:11, 286:23,
293:7, 294:9,
294:16, 294:24,
295:6
cases [3] - 254:3,
255:8, 255:9
cast [7] - 191:23,
220:23, 229:10,
234:15, 235:1,
241:18, 244:12
305
casts [1] - 234:14
Catherine [1] - 252:21
CATHERINE [1] -
164:3
Caucus [1] - 187:16
caucus [1] - 193:9
cease [1] - 254:12
cede [1] - 295:16
ceded [1] - 296:4
ceding [1] - 296:6
Center [2] - 165:5,
165:8
certain [3] - 218:6,
254:9
certainly [8] - 179:8,
180:7, 214:23,
242:6, 267:24,
287:13, 293:20,
294:19
CERTIFICATE [2] -
297:2, 301:2
certificate [3] -
183:25, 218:2, 266:4
certify [2] - 297:3,
301:3
chair [1] - 178:4
chairman [3] - 182:12,
198:1, 267:18
challenge [4] -
226:18, 227:4,
235:9, 236:2
challenged [10] -
167:5, 195:16,
213:11, 225:4,
225:5, 225:6,
225:10, 229:16,
234:18, 234:22
challenger [1] -
213:17
challenges [1] - 236:3
chambers [2] - 172:6,
198:16
chance [6] - 170:12,
174:19, 176:13,
184:16, 185:1,
216:24
change [13] - 203:4,
203:15, 203:16,
207:11, 221:16,
223:1, 235:8,
235:10, 243:15,
250:16, 260:2,
260:5, 293:4
changed [4] - 199:18,
246:2, 270:12,
270:15
changes [10] - 201:5,
204:11, 207:16,
237:12, 237:16,
237:23, 238:25,
08/28/2012 10:15:12 PM Page 306 to 306 of 325 40 of 59 sheets
248:16, 249:1,
250:19
characterization [1] -
279:12
characterize [1] -
248:17
characterized [1] -
250:2
charge [3] - 233:25,
234:5, 234:10
charging [1] - 234:3
Charleston [4] -
163:20, 164:21,
232:10, 232:15
check [1] - 203:1
checked [2] - 209:9,
286:22
checking [1] - 222:20
cheese [2] - 277:11,
281:3
Chernoff [10] - 201:19,
201:24, 202:1,
202:2, 202:5, 202:6,
204:3, 207:3,
248:10, 248:12
chill [3] - 182:22,
184:3, 186:20
chilled [1] - 186:15
chilling [2] - 186:16,
186:23
choice [2] - 174:24,
271:20
choose [1] - 295:17
Chris [4] - 259:17,
289:17, 289:19,
293:8
CHRISTOPHER [2] -
163:15, 163:19
CIRCUIT [1] - 163:12
circumstance [3] -
214:24, 220:25,
222:6
citizens [1] - 292:4
Civil [5] - 164:5,
164:15, 164:19,
165:1, 165:12
claim[1] - 229:20
clarification [1] -
267:25
clauses [1] - 167:16
clean [8] - 173:7,
173:10, 173:12,
175:14, 176:2,
192:23
cleanup [1] - 251:18
clear [5] - 179:23,
193:1, 201:22,
208:14, 219:12
cleared [1] - 176:13
Cleary [1] - 266:17
Clemmons [9] - 173:1,
176:19, 180:8,
180:14, 181:2,
181:7, 181:12,
257:6, 283:23
Clemmons' [1] -
181:15
climate [1] - 192:22
close [1] - 234:17
closes [1] - 194:15
co [1] - 295:9
co-counsel [1] - 295:9
COATES [1] - 163:19
code [4] - 198:21,
198:24, 199:1,
200:15
coincided [1] - 215:21
colleagues [2] -
167:25, 193:7
COLLEEN [51] -
163:11, 166:2,
168:15, 185:16,
193:14, 196:2,
196:6, 196:11,
206:8, 206:12,
215:12, 216:25,
221:19, 221:24,
225:11, 225:17,
226:1, 226:4,
227:24, 228:8,
228:13, 229:25,
230:17, 236:13,
236:16, 236:18,
236:21, 236:23,
242:12, 242:25,
243:18, 244:14,
244:18, 252:16,
252:24, 267:3,
270:19, 279:13,
279:18, 285:8,
290:7, 290:12,
292:9, 294:17,
294:21, 295:11,
295:19, 295:25,
296:3, 296:10,
296:14
collegiality [1] -
187:20
Columbia [2] - 201:25,
202:3
COLUMBIA[1] - 163:1
combination [1] -
252:19
combined [1] - 243:15
comfortable [2] -
167:7, 195:6
coming [1] - 180:7
commendable [1] -
169:5
comments [1] - 292:3
Commission [31] -
171:6, 189:23,
190:5, 196:25,
197:4, 197:16,
199:23, 201:5,
204:10, 205:4,
206:11, 206:21,
212:4, 238:4,
251:23, 252:7,
253:11, 253:22,
253:24, 254:15,
254:24, 255:6,
255:22, 260:6,
260:18, 263:11,
268:12, 269:25,
286:9, 287:4, 288:10
commission [36] -
197:14, 197:18,
197:24, 198:1,
198:9, 200:4,
200:19, 202:4,
203:11, 206:6,
206:9, 234:18,
235:11, 235:13,
235:14, 235:15,
236:3, 238:1,
246:12, 253:12,
254:2, 254:11,
255:3, 256:7,
256:15, 259:5,
259:14, 260:11,
263:16, 263:23,
264:2, 266:11,
269:2, 269:8, 269:11
Commission's [2] -
254:17, 259:18
commission's [2] -
209:4, 259:10
commissioners [2] -
207:2, 260:6
commissions [8] -
199:24, 202:22,
211:17, 235:17,
240:20, 253:17,
253:18, 253:20
commit [2] - 269:20,
269:22
commitments [1] -
192:12
Committee [5] -
165:12, 181:4,
187:23, 193:11,
256:20
committee [19] -
172:9, 172:24,
172:25, 174:4,
175:2, 180:23,
181:1, 181:14,
184:6, 184:21,
189:4, 189:16,
192:1, 192:2, 192:3,
192:9, 195:10,
247:25
communicate [7] -
213:20, 216:2,
248:16, 251:20,
251:24, 251:25,
268:2
communicated [4] -
186:19, 186:25,
187:1, 232:21
community [1] - 252:4
compare [3] - 199:8,
232:3, 237:10
comparison [1] -
237:15
Compass [1] - 163:20
compatibility [1] -
209:23
compel [1] - 254:8
compelling [2] -
180:4, 180:7
competitive [1] -
179:22
compiled [2] - 256:8,
258:8
complain [1] - 185:11
complete [1] - 273:7
completed [2] - 235:8,
235:10
complex [1] - 192:6
compliance [1] -
205:13
complied [1] - 277:6
comply [2] - 182:18,
205:10
component [2] -
200:24, 201:1
composition [3] -
197:14, 197:19,
235:20
compromise [14] -
166:19, 166:21,
167:8, 169:6,
169:25, 170:24,
172:13, 176:5,
176:12, 176:19,
177:13, 179:8,
179:13, 180:1
computer [2] - 165:25,
209:23
computer-aided [1] -
165:25
computers [2] -
246:14, 295:1
concentrate [1] -
222:18
concept [1] - 183:10
concern [2] - 171:17,
174:2
306
concerned [4] -
186:15, 186:16,
186:23, 216:12
concerns [8] - 171:2,
171:23, 173:25,
187:2, 187:5,
191:14, 265:16,
265:20
concise [1] - 201:23
conclusions [1] -
293:18
concur [11] - 174:21,
174:22, 174:25,
175:9, 175:14,
175:17, 175:21,
175:23, 192:23
concurrence [1] -
174:14
condition [5] - 213:6,
213:21, 225:3,
227:14, 227:16
conduct [1] - 200:13
conducted [3] -
268:13, 269:25,
288:1
conference [25] -
172:9, 172:24,
172:25, 174:3,
174:13, 174:22,
174:24, 175:2,
175:6, 180:10,
180:12, 180:13,
180:23, 181:1,
181:13, 184:6,
184:20, 192:1,
192:2, 192:3, 192:9,
192:17, 195:9,
195:10, 202:20
confidence [12] -
166:15, 176:8,
270:4, 270:12,
286:14, 288:2,
288:4, 291:2,
291:18, 291:20,
291:24, 292:5
confident [3] - 227:10,
245:3, 270:8
confined [1] - 172:9
confirm [1] - 182:2
confirmed [1] - 269:4
conflict [1] - 281:22
confused [1] - 215:22
confusion [5] -
215:19, 230:15,
291:12, 291:15,
291:23
conjunction [1] -
204:3
Connecticut [1] -
165:2
41 of 59 sheets Page 307 to 307 of 325 08/28/2012 10:15:12 PM
consent [3] - 181:17,
188:5, 188:7
consider [8] - 166:12,
173:16, 190:25,
230:2, 243:20,
279:3, 280:15, 293:1
consideration [4] -
187:16, 256:7,
258:19, 258:24
considered [4] -
243:21, 244:20,
266:8, 291:11
considering [1] -
166:10
consist [1] - 200:10
consistency [1] -
255:4
consistent [6] -
201:17, 201:18,
205:7, 208:21,
220:6, 255:24
constitute [4] -
217:19, 266:19,
277:21, 284:3
constituted [1] - 276:5
constitutes [3] -
266:15, 267:1,
275:21
Constitution [1] -
165:17
Cont' [1] - 300:4
contact [3] - 222:15,
233:5, 237:11
contacted [3] -
231:13, 231:20,
258:16
containing [2] - 170:4,
208:5
contains [3] - 237:9,
253:2, 281:10
contentious [2] -
168:24, 168:25
contested [3] - 188:4,
189:12, 189:14
context [1] - 276:14
continue [3] - 230:16,
235:24, 264:22
CONTINUED [1] -
166:6
contract [2] - 202:7,
209:9
contrary [2] - 276:11,
278:16
control [17] - 219:17,
219:18, 219:22,
275:9, 275:21,
276:6, 276:25,
277:3, 277:9,
277:15, 278:20,
278:25, 281:19,
281:24, 281:25,
282:1, 285:13
controls [2] - 178:18,
252:6
convenience [2] -
170:14, 170:20
convenient [2] -
193:25, 194:1
conversation [5] -
180:20, 186:14,
289:21, 290:19,
290:23
conversations [3] -
168:3, 289:23,
290:21
convince [1] - 173:1
COOPER[1] - 164:9
coordinate [1] - 223:2
coordinated [1] -
247:22
copies [3] - 204:12,
205:3, 240:4
copy [4] - 169:2,
215:17, 222:16,
240:2
correct [121] - 168:7,
168:24, 168:25,
171:1, 175:3,
177:20, 180:25,
183:21, 186:4,
187:2, 187:12,
187:25, 188:9,
191:19, 195:3,
197:5, 200:20,
200:21, 202:16,
203:2, 212:6, 212:7,
212:12, 213:8,
214:7, 215:7,
215:14, 219:4,
219:5, 219:8, 219:9,
220:9, 221:23,
222:3, 222:4, 222:7,
223:8, 223:9,
225:25, 226:11,
235:17, 235:18,
236:11, 237:22,
244:20, 253:8,
253:9, 254:2,
254:13, 255:4,
255:16, 255:25,
256:1, 256:9,
256:13, 256:14,
256:16, 257:4,
257:7, 257:12,
257:18, 257:19,
257:22, 258:1,
258:4, 258:11,
258:12, 258:21,
258:22, 258:25,
259:2, 259:7,
259:12, 259:15,
260:2, 260:12,
260:15, 260:18,
260:19, 261:4,
261:8, 261:16,
262:18, 262:25,
263:1, 263:5, 263:8,
263:13, 263:14,
263:17, 263:20,
264:3, 264:7, 265:2,
265:8, 265:18,
265:21, 266:1,
266:9, 266:10,
266:12, 266:15,
267:10, 267:13,
268:24, 269:12,
269:13, 269:17,
270:5, 270:10,
270:13, 271:9,
287:16, 287:19,
288:12, 289:16,
291:3, 293:12,
293:16, 297:4, 301:4
correctly [3] - 207:6,
271:4, 294:7
cosponsor [1] -
166:17
cost [1] - 167:1
counsel [1] - 295:9
count [32] - 211:3,
213:15, 214:2,
214:4, 221:2, 224:9,
225:7, 227:8, 227:9,
227:10, 227:11,
227:21, 228:14,
228:15, 228:16,
265:6, 265:13,
267:8, 267:11,
275:11, 275:24,
276:10, 277:20,
279:2, 279:11,
280:18, 281:1,
283:17, 285:20
counted [7] - 225:15,
229:16, 235:11,
236:2, 236:7,
272:12, 272:13
counter [1] - 192:8
counties [55] - 172:22,
200:13, 204:12,
204:19, 205:2,
205:5, 205:7,
205:10, 205:15,
208:15, 208:22,
211:21, 213:19,
214:7, 215:16,
215:21, 215:24,
216:2, 219:4, 221:1,
223:2, 232:5, 232:7,
232:9, 232:21,
232:23, 233:21,
245:23, 246:15,
248:4, 248:10,
250:20, 251:1,
251:3, 251:11,
251:24, 251:25,
253:18, 254:25,
255:4, 255:19,
257:21, 265:1,
266:25, 267:22,
268:3, 268:18,
268:21, 275:6,
275:23, 276:15,
282:10, 283:11,
286:24
counties' [1] - 205:13
country [1] - 179:3
counts [3] - 211:6,
228:12, 228:17
county [86] - 169:20,
175:14, 199:23,
201:8, 202:21,
205:17, 207:1,
210:25, 211:3,
211:17, 213:10,
214:1, 223:4, 226:7,
226:12, 231:13,
233:5, 233:9,
234:17, 235:6,
235:15, 235:16,
235:20, 240:2,
240:4, 240:20,
250:9, 250:12,
253:16, 253:20,
253:25, 254:8,
254:12, 254:16,
255:11, 255:12,
257:15, 257:18,
260:18, 260:20,
261:6, 261:16,
262:16, 262:20,
262:25, 263:4,
263:5, 263:7,
263:11, 263:12,
263:19, 265:5,
265:15, 266:24,
267:7, 267:15,
267:17, 267:20,
268:13, 268:14,
275:5, 276:2, 277:5,
277:8, 277:10,
277:12, 277:19,
277:23, 277:24,
278:6, 278:11,
278:15, 278:21,
279:5, 279:9,
279:22, 280:12,
281:17, 281:23,
282:3, 282:7, 285:4,
286:22
307
County [5] - 223:14,
223:16, 232:12,
232:15
couple [5] - 176:18,
184:5, 213:12,
217:13, 223:15
couples [1] - 178:6
course [9] - 167:1,
179:20, 182:3,
198:3, 203:8, 222:9,
269:1, 286:16, 288:2
COURT [2] - 163:1,
163:12
court [7] - 220:16,
279:8, 286:7, 291:6,
292:18, 294:7, 295:4
Court [45] - 165:15,
165:16, 196:16,
197:13, 198:23,
199:21, 200:23,
201:3, 201:15,
201:25, 203:23,
203:25, 204:7,
205:12, 205:14,
207:21, 208:2,
208:19, 209:3,
210:2, 211:15,
212:13, 217:16,
218:16, 220:13,
229:6, 235:19,
237:6, 246:17,
246:21, 246:24,
247:5, 247:17,
249:7, 250:19,
251:11, 251:20,
289:5, 289:9,
289:13, 289:15,
294:15, 295:20,
297:3, 301:3
Court's [3] - 201:24,
252:10, 289:11
Courthouse [1] -
165:16
courthouse [1] -
250:13
courtroom[2] - 276:1,
294:25
cover [1] - 190:8
covers [1] - 204:3
craft [1] - 182:18
crafted [1] - 171:18
create [2] - 204:18,
291:15
created [7] - 167:4,
201:16, 205:1,
215:19, 219:17,
219:18, 219:23
creating [1] - 166:25
credible [1] - 269:11
crippled [1] - 174:13
08/28/2012 10:15:12 PM Page 308 to 308 of 325 42 of 59 sheets
criteria [1] - 170:20
critical [2] - 169:4,
177:10
criticized [1] - 192:25
Cromwell [1] - 164:12
cross [2] - 252:20,
282:7
CRR[1] - 165:15
curious [3] - 281:6,
293:4, 293:6
current [31] - 196:23,
198:19, 198:21,
199:1, 203:2,
207:18, 207:23,
207:24, 208:13,
212:2, 224:2, 224:3,
231:24, 236:6,
242:13, 242:15,
242:24, 243:1,
243:4, 243:5, 243:8,
244:20, 245:10,
246:2, 249:3, 250:5,
261:10, 261:18,
261:23, 262:6,
262:10
cut [5] - 172:3, 217:18,
295:5, 295:6
D
dangerous [1] - 282:8
DANIEL [1] - 164:4
data [8] - 189:23,
235:22, 256:8,
256:16, 257:15,
258:10, 258:14,
258:24
database [3] - 209:11,
256:11, 256:12
databases [1] -
257:10
date [10] - 207:9,
207:24, 218:6,
218:7, 218:11,
221:4, 242:21,
260:24, 289:6,
289:10
dated [1] - 215:20
dates [2] - 264:6,
264:9
DAY [1] - 163:6
day's [1] - 261:4
day-to-day [4] - 200:9,
200:17, 205:18,
239:16
days [17] - 181:17,
202:24, 213:12,
223:15, 227:15,
227:16, 229:9,
242:15, 248:8,
248:10, 248:14,
251:6, 251:7,
251:10, 260:24,
261:13, 291:9
DC[7] - 163:4, 163:18,
164:7, 165:3, 165:6,
165:14, 165:17
deal [5] - 180:18,
180:19, 192:13,
195:6, 195:8
dealing [1] - 279:9
debate [8] - 166:18,
168:3, 169:19,
182:5, 183:11,
183:13, 194:12,
194:13
debates [3] - 175:25,
182:3, 286:16
debating [1] - 288:3
decades [1] - 207:7
decide [10] - 217:1,
219:25, 265:6,
265:11, 271:11,
271:13, 272:7,
272:21, 273:18,
279:10
decided [2] - 235:16,
295:20
decides [5] - 242:9,
242:10, 271:21,
271:25, 272:16
deciding [1] - 246:22
decision [13] - 236:2,
239:10, 242:9,
272:20, 277:18,
278:21, 280:12,
280:14, 280:24,
292:18, 293:21,
294:7, 296:13
decisions [1] - 236:6
declaration [1] -
202:14
declared [1] - 202:12
decreases [1] -
288:25
deeply [1] - 189:10
Defendant [4] - 164:9,
169:24, 184:18,
280:4
Defendant-
Intervenor [1] -
280:4
Defendant-
Intervenor's [2] -
169:24, 184:18
Defendants [2] -
163:7, 164:1
defer [1] - 184:24
define [1] - 214:24
defined [1] - 207:25
definitely [1] - 234:12
definition [3] - 219:14,
219:21, 220:21
definitions [1] -
218:24
delay [1] - 216:3
delays [1] - 248:25
deliver [1] - 180:15
DELLHEIM [1] - 164:1
Democrat [1] - 197:22
Democrats [1] -
169:11
demonstrating [1] -
288:1
demonstration [1] -
248:21
denying [1] - 182:6
Department [12] -
164:5, 184:22,
185:16, 185:20,
203:7, 239:8,
244:10, 252:13,
252:17, 252:18,
263:14, 295:15
department [1] -
168:15
deposed [1] - 266:18
deposition [11] -
169:2, 183:2,
189:17, 190:22,
252:23, 263:23,
264:24, 265:15,
283:25, 290:4,
290:13
depositions [6] -
238:24, 239:1,
239:3, 253:1, 253:2,
264:5
Deputy [1] - 163:23
describe [3] - 206:5,
239:18, 273:21
described [2] - 167:9,
219:6
describing [2] -
204:24, 204:25
desire [1] - 214:6
desk [2] - 190:1,
194:14
details [1] - 172:5
deter [1] - 179:5
determination [10] -
220:8, 224:23,
275:7, 275:20,
277:6, 277:13,
279:24, 282:4,
284:9, 284:10
determinations [2] -
219:19, 277:24
determine [9] -
210:19, 210:25,
211:2, 213:13,
220:2, 222:17,
238:1, 264:8, 267:5
determined [7] -
226:19, 235:5,
244:25, 248:1,
264:6, 269:4, 269:20
determining [1] -
277:19
develop [1] - 201:22
developed [5] - 204:2,
209:13, 211:16,
238:20, 254:1
developing [2] -
202:9, 232:22
development [1] -
207:3
died [2] - 181:14,
181:16
different [4] - 191:6,
265:25, 272:8,
293:16
differing [1] - 266:25
difficulty [1] - 294:17
direct [5] - 247:11,
252:20, 254:11,
255:13, 272:5
direction [1] - 185:2
directives [2] -
205:13, 207:14
directly [2] - 253:12,
255:6
director [13] - 196:24,
197:3, 197:12,
198:9, 198:20,
199:25, 200:8,
200:15, 201:4,
253:11, 259:18,
269:3, 289:19
disability [2] - 218:2,
266:5
disabled [1] - 217:3
disappointed [1] -
181:10
disclosed [1] - 213:22
disclosing [1] -
212:23
discontinue [1] -
264:18
discounted [1] - 227:6
discretion [13] -
210:25, 211:2,
217:1, 217:6, 225:7,
265:6, 265:11,
267:7, 275:6, 279:5,
279:10, 284:9,
285:19
discretionary [1] -
199:16
308
discriminate [4] -
167:22, 167:23,
168:1, 168:9
discuss [1] - 220:15
discussed [3] -
182:17, 236:10,
265:24
discussion [7] -
182:9, 182:20,
182:21, 183:23,
190:15, 190:19,
216:14
discussions [1] -
296:15
disenfranchise [13] -
171:24, 178:15,
195:14, 208:24,
258:4, 258:5, 258:6,
282:11, 283:9,
283:14, 286:1,
286:3, 286:18
disproportionate [1] -
292:19
disregarded [1] -
226:22
disseminate [1] -
260:18
disseminated [1] -
258:8
disseminates [1] -
255:24
distribute [1] - 204:12
distributed [2] -
215:24, 250:22
DISTRICT [4] - 163:1,
163:1, 163:11,
163:12
district [2] - 178:24,
292:18
districts [5] - 169:22,
183:13, 186:17,
186:18, 186:22
divided [3] - 174:14,
174:15, 189:11
dividing [1] - 273:21
Division [4] - 164:5,
208:4, 209:8, 237:8
DL [1] - 190:11
DMV [14] - 199:2,
208:3, 222:2,
222:15, 222:20,
226:15, 247:10,
256:9, 256:11,
257:9, 257:12,
257:22, 262:3, 263:1
DMV-issued [3] -
256:9, 257:12,
257:22
document [34] -
170:8, 172:20,
43 of 59 sheets Page 309 to 309 of 325 08/28/2012 10:15:12 PM
177:17, 190:10,
190:11, 190:13,
190:14, 201:11,
201:13, 201:16,
203:21, 203:23,
204:9, 204:20,
204:22, 205:24,
206:2, 206:4,
206:16, 206:17,
206:21, 206:24,
207:13, 208:14,
211:9, 211:13,
212:2, 216:3, 230:3,
237:3, 245:25,
256:25, 257:16,
283:1
document's [1] -
207:6
documents [4] -
178:1, 201:19,
204:25, 215:17
DOJ [2] - 262:9,
295:25
done [6] - 184:21,
192:10, 194:17,
201:20, 207:5, 241:7
door [1] - 285:14
doubt [1] - 208:24
down [20] - 173:8,
173:9, 190:14,
191:23, 192:19,
196:8, 213:8,
213:25, 246:4,
272:11, 272:12,
275:2, 281:5,
292:10, 292:13,
295:1, 295:5, 295:6,
296:5
draft [2] - 177:18,
238:22
drafted [1] - 259:19
drafting [3] - 186:5,
198:10, 259:21
drafts [1] - 215:25
draw [1] - 249:10
drive [2] - 202:20,
285:3
driver [1] - 262:3
driver's [22] - 199:1,
208:3, 222:2,
222:16, 222:20,
240:8, 240:10,
242:13, 243:2,
243:9, 243:21,
244:6, 244:19,
244:24, 247:7,
247:9, 249:5, 256:9,
257:11, 257:22,
285:2
drivers [1] - 237:9
drop [1] - 234:16
dropped [2] - 172:20,
234:24
dry [1] - 181:13
dumb [5] - 177:8,
271:15, 273:11,
273:15, 274:18
DUNN[1] - 164:18
during [26] - 166:11,
182:3, 182:5,
183:11, 187:16,
187:18, 221:20,
229:15, 238:24,
239:1, 250:10,
250:13, 250:16,
256:4, 256:7, 258:2,
258:19, 258:20,
258:24, 262:7,
264:5, 264:24,
265:15, 268:15,
268:23, 286:16
duty [1] - 273:20
DVORKIS [1] - 164:10
E
e-mail [5] - 190:4,
190:6, 190:8, 257:1,
257:17
ear [2] - 171:16,
182:10
early [39] - 170:11,
170:16, 170:17,
170:18, 170:20,
170:22, 172:1,
172:14, 174:6,
174:7, 176:11,
178:6, 178:7,
178:20, 178:24,
178:25, 179:2,
180:11, 180:15,
180:21, 181:7,
181:14, 181:18,
181:19, 184:8,
186:6, 186:21,
187:5, 193:11,
193:18, 193:19,
193:23, 195:2,
195:8, 288:10,
288:13, 288:21,
288:23, 291:8
easier [2] - 179:25,
288:23
easy [2] - 194:16,
221:8
edition [1] - 205:1
educate [2] - 201:5,
238:15
educating [2] - 201:7,
248:13
education [24] -
166:24, 167:14,
172:8, 191:5,
195:16, 200:24,
201:1, 201:10,
201:21, 202:5,
202:7, 202:11,
202:18, 203:10,
203:14, 203:20,
204:2, 204:4, 208:7,
216:14, 222:12,
222:25, 264:17
Education [2] -
202:13, 202:15
effect [5] - 176:1,
178:19, 191:11,
235:22, 291:8
effective [2] - 248:8,
248:13
effects [1] - 292:16
efficient [1] - 260:5
effort [5] - 175:22,
202:18, 203:12,
203:14, 283:11
efforts [7] - 185:14,
203:10, 204:4,
222:18, 231:23,
232:17, 234:7
eight [1] - 210:6
either [14] - 174:16,
174:24, 175:5,
189:14, 196:2,
199:1, 203:10,
206:18, 213:14,
238:7, 245:12,
247:8, 262:15, 294:4
elaborate [2] - 200:23,
208:18
elderly [1] - 183:24
elected [1] - 197:17
election [91] - 179:9,
197:9, 198:21,
198:24, 199:23,
200:15, 200:19,
201:8, 202:4,
202:22, 202:25,
204:14, 205:17,
207:1, 211:17,
211:25, 212:5,
215:3, 216:5, 218:4,
218:22, 220:16,
223:4, 229:18,
233:3, 233:16,
233:17, 234:18,
235:2, 235:15,
237:25, 241:4,
241:5, 245:5, 248:9,
248:14, 248:24,
250:9, 250:16,
251:3, 251:5, 251:8,
251:10, 251:12,
251:13, 251:19,
252:4, 253:7,
253:16, 253:17,
253:20, 254:20,
255:3, 255:15,
256:7, 256:15,
256:19, 257:2,
259:5, 259:10,
259:14, 259:23,
260:11, 260:21,
260:23, 260:24,
261:3, 261:4, 261:7,
263:16, 263:23,
264:2, 265:2,
266:11, 269:2,
269:8, 269:11,
269:25, 270:3,
270:5, 270:12,
275:25, 279:7,
287:2, 289:7, 291:7,
291:8, 291:12,
291:21, 291:23
Election [33] - 171:6,
189:23, 190:5,
196:24, 197:4,
197:16, 199:23,
201:5, 204:10,
205:4, 206:10,
206:20, 212:4,
238:4, 251:23,
252:7, 253:11,
253:22, 253:24,
254:15, 254:17,
254:24, 255:6,
255:22, 259:17,
260:6, 260:17,
263:10, 268:12,
269:25, 286:9,
287:3, 288:9
ElectionNet [3] -
251:22, 251:23,
252:2
elections [7] - 200:13,
235:17, 253:25,
261:16, 262:16,
263:13, 269:24
electoral [2] - 270:8,
288:5
electronic [2] -
222:24, 248:3
elements [1] - 200:22
ELMO[4] - 201:11,
203:18, 205:24,
211:9
emergency [1] -
234:25
employee [3] -
169:16, 170:4,
172:15
309
employees [1] - 177:3
employees' [1] - 177:5
employment [2] -
176:20, 177:1
encompass [2] -
225:18, 228:2
end [8] - 177:11,
193:8, 194:13,
195:1, 195:12,
234:10, 240:25,
241:1
ended [1] - 172:13
endorsed [1] - 191:1
ends [1] - 194:15
enforcement [1] -
177:7
enhance [1] - 191:2
enormous [1] - 279:10
ensure [2] - 211:21,
213:19
ensuring [1] - 231:11
entire [2] - 268:10,
269:10
entities [1] - 253:21
entitled [6] - 203:20,
204:21, 205:25,
211:11, 297:5, 301:5
envelope [6] - 212:20,
213:5, 213:22,
234:23, 275:2
envision [1] - 212:13
equipment [19] -
209:4, 209:6, 209:8,
209:17, 209:20,
210:1, 210:3, 210:4,
221:5, 223:4, 223:7,
226:6, 226:8,
226:10, 240:19,
240:21, 246:14,
246:23, 248:6
equipment's [1] -
209:9
equipped [1] - 226:13
ERIN [1] - 164:3
err [13] - 208:17,
208:18, 219:25,
227:23, 274:2,
275:23, 279:2,
279:3, 279:4,
280:25, 282:11,
283:5, 283:19
ESQ[2] - 163:15,
163:24
ESQUIRE [24] -
163:15, 163:16,
163:16, 163:19,
164:1, 164:1, 164:2,
164:2, 164:3, 164:3,
164:4, 164:4, 164:9,
164:9, 164:10,
08/28/2012 10:15:12 PM Page 310 to 310 of 325 44 of 59 sheets
164:10, 164:11,
164:11, 164:14,
164:18, 165:1,
165:5, 165:8, 165:11
essentially [1] -
184:17
establish [1] - 246:1
ET [1] - 163:6
evaluated [1] - 248:12
evening [2] - 294:22,
295:21
event [1] - 179:23
events [1] - 202:19
eventually [1] - 295:2
evidence [16] - 211:4,
213:16, 214:4,
225:8, 225:15,
236:4, 265:9,
267:12, 268:14,
268:22, 275:12,
275:14, 286:25,
287:12, 292:22,
294:8
evident [1] - 276:23
evidently [1] - 221:20
exact [4] - 167:12,
177:9, 190:17,
290:22
exactly [7] - 183:8,
184:13, 186:5,
278:21, 279:1,
281:13, 285:1
EXAMINATION [7] -
166:6, 168:17,
185:18, 193:15,
196:17, 253:4,
270:21
Examination [7] -
300:4, 300:4, 300:5,
300:5, 300:6, 300:7,
300:7
example [6] - 175:12,
213:24, 225:3,
240:9, 278:9, 293:13
examples [10] - 208:7,
214:22, 217:2,
218:1, 265:25,
266:3, 266:7, 266:8,
266:12, 279:4
excellent [1] - 217:17
except [3] - 188:5,
189:13, 215:17
exclusive [1] - 219:10
exclusively [1] - 252:4
excuse [4] - 189:8,
206:8, 234:25,
288:16
excused [1] - 196:7
executive [11] -
196:24, 197:3,
197:12, 198:9,
198:20, 199:25,
200:8, 200:15,
201:4, 253:11, 269:3
Exhibit [18] - 169:24,
184:18, 190:3,
201:12, 203:19,
204:1, 204:21,
205:25, 206:19,
211:10, 212:3,
218:15, 218:24,
237:3, 237:18,
249:7, 249:8, 256:23
exhibit [6] - 190:9,
203:19, 218:14,
218:24, 237:17,
246:3
existing [1] - 249:23
expect [1] - 295:17
expecting [1] - 274:23
expend [1] - 246:23
experience [13] -
179:4, 197:9,
205:12, 205:14,
212:6, 229:18,
247:14, 247:16,
247:17, 251:10,
253:7, 291:11,
291:17
expertise [1] - 202:8
expiration [1] - 242:21
expired [6] - 207:23,
242:20, 243:2,
243:4, 244:12,
244:19
explain [4] - 175:20,
192:11, 214:19,
286:13
explained [1] - 187:4
explanation [7] -
215:9, 224:18,
241:10, 241:15,
241:23, 242:4,
280:21
explanations [1] -
179:19
exploring [1] - 282:14
expressed [2] -
171:23, 270:4
extended [1] - 250:25
extent [1] - 230:1
extract [1] - 232:2
extreme [2] - 278:23,
279:4
F
face [1] - 208:14
fact [9] - 183:23,
190:19, 194:7,
209:19, 220:6,
244:25, 246:8,
270:7, 278:6
fail [1] - 189:7
failed [3] - 188:14,
189:2, 189:18
failsafe [2] - 235:8,
236:1
fair [4] - 200:14,
210:24, 234:9, 269:3
fairly [1] - 189:7
faith [1] - 179:10
false [23] - 211:1,
211:5, 211:7,
213:14, 213:16,
214:5, 225:3,
225:16, 226:19,
226:20, 227:4,
227:5, 227:17,
228:11, 228:18,
228:21, 229:7,
236:9, 265:8,
265:10, 267:13,
275:17, 281:9
falsehood [1] - 281:11
falsehoods [2] -
281:6, 281:10
falsity [8] - 225:11,
225:12, 225:17,
226:23, 227:25,
228:2, 228:8
familiar [4] - 198:6,
198:19, 198:20,
249:13
far [1] - 232:17
fashion [1] - 282:15
fast [2] - 192:8, 213:11
fast-forward [1] -
213:11
fault [9] - 233:12,
277:22, 278:1,
278:8, 278:14,
279:25, 280:9,
282:25, 283:9
favor [4] - 169:11,
191:18, 191:20
favored [3] - 193:20,
193:24, 194:5
federal [8] - 169:16,
170:5, 178:11,
208:5, 212:22,
213:7, 247:20, 248:1
feelings [1] - 186:7
feet [2] - 194:13, 285:4
felt [19] - 166:18,
167:3, 167:7,
170:20, 173:17,
178:16, 179:19,
180:5, 180:16,
180:17, 180:20,
186:20, 192:3,
192:13, 195:7,
195:8, 195:15,
195:24, 282:6
few [9] - 182:2,
182:14, 185:25,
210:5, 237:1,
238:25, 240:22,
253:15, 291:1
FIELD [1] - 163:15
field [2] - 197:9,
229:18
fight [2] - 173:19,
173:23
figure [4] - 285:19,
289:22, 290:1, 295:9
file [5] - 222:17, 237:8,
237:10, 243:15,
294:13
filibuster [1] - 193:8
fill [3] - 212:19, 233:3,
273:12
filled [3] - 225:23,
280:16
fills [2] - 234:13, 282:5
final [9] - 172:24,
174:23, 211:23,
232:18, 232:19,
248:7, 249:2,
260:12, 296:13
finger [1] - 285:20
first [19] - 173:12,
183:3, 185:25,
187:13, 188:13,
188:23, 189:6,
189:18, 193:3,
229:22, 230:4,
237:23, 249:8,
249:24, 252:19,
268:6, 290:16,
292:10
fit [1] - 278:11
five [13] - 197:18,
200:4, 207:25,
208:2, 208:9,
212:16, 216:13,
238:16, 240:11,
243:8, 253:11,
255:14, 280:7
five-member [3] -
197:18, 200:4,
253:11
flip [1] - 217:4
Floor [1] - 165:9
floor [10] - 173:14,
173:19, 173:22,
173:25, 175:20,
177:6, 182:17,
188:25, 190:1,
310
190:19
Florida [4] - 292:17,
293:10, 293:21,
294:7
flying [1] - 192:7
focus [2] - 202:23,
241:10
focused [1] - 193:6
folks [4] - 170:11,
191:4, 195:20,
239:18
follow [13] - 205:22,
211:17, 217:11,
217:16, 218:14,
221:3, 226:1,
226:17, 244:23,
254:1, 267:21,
267:23, 277:23
follow-up [1] - 226:1
followed [1] - 214:6
following [3] - 235:2,
269:24, 292:3
food [1] - 192:8
foot [1] - 227:19
FOR [2] - 163:1,
196:13
foregoing [2] - 297:4,
301:4
forgive [1] - 286:21
forgot [1] - 296:4
form[9] - 199:5,
229:19, 230:5,
230:8, 230:9,
232:18, 232:19,
238:8, 245:18
formally [1] - 260:11
format [2] - 215:25,
242:2
forms [12] - 207:25,
208:2, 208:9,
212:16, 216:13,
222:3, 222:22,
238:16, 239:20,
245:8, 245:23,
262:22
forth [1] - 169:21
fortunate [1] - 181:25
forward [4] - 180:22,
194:21, 201:9,
213:11
Foundation [2] -
164:15, 164:19
four [9] - 210:6, 210:7,
239:4, 239:5, 253:1,
253:2, 280:6, 288:2,
290:17
frame [11] - 166:12,
210:2, 215:2, 216:6,
216:8, 216:20,
218:3, 218:12,
45 of 59 sheets Page 311 to 311 of 325 08/28/2012 10:15:12 PM
248:15, 248:18,
266:5
fraud [17] - 268:15,
268:23, 269:12,
269:15, 269:21,
269:22, 286:13,
286:24, 287:2,
287:7, 287:9,
287:10, 287:12,
287:15, 287:22
free [4] - 226:15,
246:7, 246:8, 295:16
FREEMAN [1] - 164:4
friend [2] - 173:15,
173:16
front [7] - 174:14,
190:2, 234:10,
276:3, 277:10,
279:8, 280:13
full [2] - 192:20,
196:21
funding [3] - 246:17,
246:18
funds [2] - 248:1,
248:2
future [1] - 287:7
G
GA[1] - 164:17
gained [1] - 291:19
game [2] - 273:22,
282:6
GARRARD [1] - 164:9
gears [1] - 203:3
general [14] - 201:7,
201:8, 202:25,
204:7, 248:8,
248:14, 251:4,
251:10, 251:13,
252:1, 254:20,
269:24, 291:8
General [23] - 163:22,
163:23, 193:2,
197:22, 258:24,
268:4, 268:10,
276:15, 276:17,
276:20, 276:24,
277:14, 277:21,
278:13, 278:17,
279:20, 284:11,
287:10, 287:14,
287:16, 288:3,
288:20, 289:14
General's [11] -
217:19, 217:23,
218:6, 218:9, 219:7,
265:22, 265:24,
266:7, 268:1,
276:11, 276:22
generally [4] - 176:16,
203:25, 205:15,
286:17
GERALD [1] - 165:5
give-and-take [1] -
195:10
given [21] - 187:4,
187:8, 191:25,
215:17, 225:18,
225:24, 226:19,
226:23, 228:2,
228:11, 228:18,
229:17, 241:10,
241:15, 246:23,
248:18, 255:15,
266:21, 275:7,
279:24, 285:25
Glenn [2] - 166:4,
300:4
goal [1] - 248:19
goals [2] - 179:9,
288:4
gotta [2] - 285:19,
290:1
government [6] -
170:5, 179:22,
208:5, 245:1,
245:25, 248:1
government-issued
[1] - 245:25
governments [1] -
172:22
governor [6] - 167:10,
167:17, 168:5,
168:8, 175:1, 197:19
Governor [21] - 166:4,
166:8, 166:10,
167:20, 168:19,
168:23, 169:2,
170:2, 179:7,
181:24, 183:2,
183:6, 184:5,
184:23, 185:13,
185:21, 189:21,
193:13, 193:17,
202:13
granted [2] - 203:9,
215:23
gray [2] - 208:22,
274:1
green [1] - 277:11
Greenville [2] -
232:10, 232:11
grounds [9] - 202:20,
265:7, 275:14,
275:16, 275:18,
275:24, 276:4,
277:8, 278:3
group [1] - 194:17
guaranteeing [1] -
255:23
gubernatorial [1] -
202:14
guess [7] - 168:11,
192:11, 216:7,
227:24, 267:14,
283:22, 294:22
guidance [42] - 205:9,
205:10, 205:15,
205:18, 205:19,
205:22, 207:14,
211:20, 213:18,
214:1, 214:18,
214:19, 215:5,
220:25, 233:15,
233:19, 245:11,
245:12, 247:11,
265:23, 266:11,
267:16, 267:21,
267:22, 267:23,
274:4, 276:18,
276:21, 276:23,
279:20, 279:23,
281:20, 282:10,
284:13, 284:16,
284:17, 284:18,
293:22
guts [1] - 199:20
H
H.3003 [4] - 191:16,
191:17, 258:19,
259:2
H.3418 [7] - 187:11,
187:13, 187:22,
188:13, 256:3, 256:7
hair [3] - 278:9,
278:10, 278:19
Haley [1] - 202:13
half [2] - 197:11,
289:24
hamburger [1] - 192:7
Hampton [1] - 223:16
hand [3] - 252:23,
272:17, 281:17
Handbook [3] -
204:22, 206:21,
212:4
handbook [5] - 204:9,
205:1, 207:1, 218:22
hands [1] - 213:5
happy [3] - 175:18,
179:12, 285:11
hard [2] - 219:15,
294:24
harder [1] - 179:16
hated [1] - 185:9
HAVA[2] - 247:20,
247:24
headed [1] - 171:11
heading [1] - 209:2
hear [2] - 180:7,
286:17
heard [8] - 175:18,
181:22, 216:8,
267:17, 268:6,
269:11, 286:18,
292:15
HEARD[4] - 164:1,
293:20, 296:1,
296:12
hearing [8] - 213:12,
225:6, 229:16,
234:19, 272:8,
291:20, 292:21
hearings [1] - 258:2
heart [1] - 217:18
heat [1] - 174:13
Heather [1] - 177:18
heavy [1] - 240:4
HEBERT [1] - 165:5
held [4] - 174:17,
197:1, 215:15, 216:9
hello [1] - 193:17
help [7] - 179:2,
201:22, 202:5,
207:3, 230:20,
231:22, 248:15
Help [2] - 245:24,
247:19
helpful [2] - 293:24,
294:6
helping [1] - 232:23
helps [1] - 238:1
high [3] - 270:4,
270:11, 288:1
highest [2] - 222:18,
257:21
highly [3] - 192:24,
223:1, 265:3
himself [1] - 213:3
hindrance [1] - 292:1
history [3] - 182:6,
197:8, 205:16
hold [4] - 174:5,
174:8, 174:9, 251:11
holders [1] - 237:9
home [3] - 282:24,
283:13, 289:3
HON [123] - 166:2,
168:15, 185:16,
193:14, 196:2,
196:6, 196:11,
206:8, 206:12,
214:12, 215:4,
215:8, 215:12,
216:4, 216:16,
311
216:25, 217:11,
219:14, 221:3,
221:8, 221:12,
221:19, 221:24,
223:22, 223:25,
224:8, 224:12,
224:16, 225:2,
225:9, 225:11,
225:17, 225:22,
226:1, 226:4,
226:17, 227:2,
227:9, 227:18,
227:22, 227:24,
228:8, 228:11,
228:13, 228:15,
228:16, 228:21,
228:23, 229:2,
229:25, 230:11,
230:17, 230:21,
233:14, 233:24,
234:2, 236:13,
236:16, 236:18,
236:21, 236:23,
238:5, 240:15,
241:7, 241:9,
241:19, 242:3,
242:8, 242:12,
242:20, 242:25,
243:7, 243:18,
244:5, 244:14,
244:18, 245:3,
245:11, 246:20,
252:16, 252:24,
261:10, 267:3,
267:14, 268:9,
270:19, 279:13,
279:18, 280:1,
280:5, 280:11,
280:19, 280:23,
281:2, 281:5, 285:8,
285:9, 290:7,
290:12, 290:25,
291:5, 291:17,
291:21, 292:8,
292:9, 292:14,
292:24, 293:2,
293:14, 293:19,
293:24, 294:2,
294:3, 294:10,
294:17, 294:21,
295:11, 295:19,
295:25, 296:3,
296:8, 296:10,
296:14
honestly [3] - 271:6,
282:5, 295:5
Honor [10] - 196:4,
196:5, 206:13,
223:24, 236:15,
236:24, 252:22,
270:20, 292:25,
08/28/2012 10:15:12 PM Page 312 to 312 of 325 46 of 59 sheets
293:20
Honors [4] - 196:14,
294:11, 296:2,
296:12
Horne [1] - 257:6
hospitalized [1] -
227:14
hours [8] - 250:9,
250:10, 250:13,
250:20, 250:25,
251:11, 270:25,
288:17
house [4] - 174:15,
207:4, 207:5, 235:22
House [31] - 172:3,
172:9, 173:1, 174:5,
174:15, 174:25,
175:3, 175:7,
176:19, 177:7,
177:22, 178:18,
179:15, 179:16,
179:20, 180:1,
180:8, 181:6,
181:13, 182:2,
187:12, 187:13,
188:23, 192:5,
192:16, 195:7,
198:12, 202:21,
256:20, 257:1,
258:13
House's [1] - 179:18
housed [1] - 232:1
houses [1] - 209:11
Hudgens [1] - 198:2
hung [1] - 172:5
hypothetical [3] -
213:2, 220:13, 230:2
hypotheticals [2] -
229:6, 230:1
I
ID [119] - 166:25,
168:23, 169:15,
172:2, 172:15,
172:16, 173:10,
173:17, 173:23,
175:14, 177:1,
178:5, 180:22,
182:5, 182:21,
183:11, 183:20,
184:3, 185:25,
186:15, 189:24,
190:11, 190:16,
190:23, 191:10,
191:11, 191:18,
191:22, 191:24,
192:23, 193:4,
198:5, 199:15,
203:9, 203:16,
203:20, 207:23,
208:3, 208:4,
208:13, 210:10,
210:15, 212:16,
212:18, 213:4,
214:15, 215:1,
216:11, 216:13,
216:22, 221:17,
222:19, 222:20,
222:22, 226:16,
227:1, 227:7,
227:15, 227:20,
229:7, 229:12,
229:14, 229:17,
229:19, 230:5,
230:8, 230:10,
236:4, 237:5, 237:9,
238:2, 238:6, 238:7,
238:16, 238:19,
239:19, 239:21,
241:17, 242:16,
245:9, 245:18,
245:25, 246:11,
247:6, 247:9,
247:12, 249:3,
252:3, 256:3,
257:12, 257:22,
258:3, 258:6,
258:19, 262:3,
262:22, 263:1,
269:16, 269:19,
271:5, 271:6,
271:19, 272:4,
272:10, 272:23,
272:25, 273:19,
273:23, 276:6,
277:1, 277:12,
280:10, 282:4,
285:5, 288:3, 292:4,
292:5, 294:9
idea [2] - 177:23,
237:13
Identification [1] -
206:1
identification [30] -
166:11, 166:13,
170:4, 193:20,
194:3, 198:21,
198:24, 199:2,
199:5, 199:9,
199:12, 199:13,
207:18, 208:10,
209:7, 212:11,
222:3, 222:16,
225:12, 228:1,
228:5, 238:12,
239:25, 243:23,
245:24, 247:10,
249:4, 256:9,
259:22, 268:15
identified [4] - 209:14,
209:25, 232:4, 237:6
identify [1] - 231:23
identity [1] - 228:10
IDs [30] - 169:12,
169:16, 169:20,
170:22, 170:23,
171:5, 171:7,
171:17, 171:21,
172:1, 176:10,
176:20, 177:5,
177:7, 178:11,
178:14, 178:19,
179:24, 179:25,
180:3, 190:7,
190:25, 195:20,
209:18, 220:20,
237:24, 239:17,
240:20, 241:12,
241:22
ill [4] - 273:7, 274:19,
274:21, 274:25
illuminate [2] - 229:4,
281:11
imagine [2] - 224:16,
224:19
immediately [4] -
194:14, 223:19,
226:6, 246:13
immigration [1] -
192:6
impact [2] - 166:12,
292:19
impediment [128] -
167:7, 167:14,
177:11, 177:19,
177:23, 177:25,
195:17, 210:9,
210:13, 210:14,
210:17, 210:20,
210:21, 211:1,
212:10, 212:17,
212:21, 212:22,
213:4, 213:14,
213:25, 214:14,
214:17, 214:22,
214:23, 216:5,
216:19, 216:23,
217:8, 217:20,
218:9, 218:18,
218:25, 219:15,
220:4, 220:8,
220:21, 221:7,
221:11, 221:14,
221:18, 224:5,
224:10, 224:12,
224:15, 224:18,
224:22, 224:25,
225:13, 225:19,
226:19, 226:23,
227:4, 228:3, 228:4,
228:18, 229:10,
229:14, 229:21,
230:9, 230:10,
231:9, 231:10,
233:4, 234:13,
235:4, 236:7,
238:18, 241:11,
241:14, 241:17,
242:4, 265:5, 265:8,
265:10, 265:18,
266:9, 266:15,
266:19, 266:23,
267:1, 267:5,
267:10, 267:16,
267:20, 268:2,
268:8, 271:10,
271:12, 271:18,
271:22, 271:23,
271:24, 271:25,
272:3, 272:7,
272:15, 272:22,
272:25, 273:5,
273:10, 273:12,
273:13, 273:15,
273:17, 273:18,
273:24, 274:9,
274:13, 274:15,
274:19, 274:20,
275:8, 276:9, 277:2,
277:20, 277:25,
278:2, 278:13,
278:16, 278:18,
280:14, 281:21,
284:10, 284:13,
284:14, 284:23,
285:6
Impediment/
Religious [1] -
211:12
impediments [3] -
211:18, 219:11,
266:1
imperative [1] -
248:15
impersonate [1] -
269:5
impersonation [5] -
268:23, 269:12,
269:15, 286:23,
287:6
implement [8] - 200:5,
200:14, 210:2,
254:9, 259:6, 262:8,
289:7, 291:13
implementation [19] -
199:21, 199:22,
199:24, 200:1,
200:3, 200:22,
201:9, 209:3, 215:2,
239:17, 246:12,
312
246:18, 247:15,
247:17, 248:18,
259:14, 266:6,
289:10, 291:9
implemented [12] -
222:24, 247:19,
247:21, 250:22,
251:22, 251:23,
255:19, 255:24,
260:3, 264:10,
269:20
implementing [3] -
247:24, 248:9,
286:10
important [3] -
216:17, 220:15,
255:20
impossible [1] -
281:23
in-house [2] - 207:4,
207:5
in-person [1] - 204:16
Inc [1] - 164:15
include [11] - 195:2,
203:7, 207:13,
208:9, 231:19,
233:20, 241:22,
241:24, 242:4,
243:16, 278:6
included [13] - 166:24,
177:2, 193:24,
194:9, 203:9, 215:5,
215:9, 219:9, 230:3,
232:5, 232:8
includes [6] - 225:12,
225:21, 228:6,
228:7, 228:8, 257:3
including [5] - 166:23,
169:16, 240:13,
240:14, 269:2
inclusive [3] - 176:9,
178:16, 266:13
inconsistencies [1] -
266:21
incorrect [1] - 225:16
increase [7] - 170:21,
288:4, 291:2,
291:18, 291:20,
291:24, 292:5
increases [1] - 286:14
indeed [1] - 243:25
indefinite [1] - 264:11
independent [2] -
197:16, 197:17
INDEX [1] - 300:1
indicate [3] - 212:20,
228:4, 293:5
indicated [2] - 217:2,
258:14
indicating [2] - 258:3,
47 of 59 sheets Page 313 to 313 of 325 08/28/2012 10:15:12 PM
258:5
individual [4] -
214:13, 278:25,
281:24, 281:25
individually [1] -
235:12
indulgence [1] -
252:10
information [14] -
190:5, 190:23,
191:3, 198:15,
225:19, 231:15,
231:25, 236:8,
238:18, 239:24,
259:18, 288:5,
289:20
initial [2] - 222:7,
238:22
ink [1] - 181:13
input [1] - 259:10
insert [1] - 249:13
insight [1] - 291:19
installed [1] - 246:15
instance [5] - 189:17,
261:19, 268:15,
268:22, 269:4
instances [3] -
226:20, 289:2, 295:3
instead [6] - 174:14,
267:21, 273:22,
280:19, 287:21,
289:13
institution [1] - 175:22
institutional [1] -
169:7
instruct [9] - 199:7,
208:16, 233:9,
233:13, 233:14,
233:15, 247:12,
275:23, 282:10
instruction [1] -
208:15
integrity [1] - 191:2
intend [2] - 214:18,
233:18
intended [2] - 215:5,
215:9
intent [2] - 167:23,
168:4
intentionally [1] -
268:5
interested [2] -
292:22, 292:24
interfere [1] - 216:16
Internet [1] - 261:25
interpret [6] - 265:17,
274:1, 276:17,
282:10, 284:15,
284:20
interpretation [4] -
266:22, 267:8,
284:19
interpretations [1] -
266:25
interpreted [3] -
255:19, 277:21,
278:12
interrupted [1] -
235:24
interruption [2] -
235:13, 252:25
Intervenor [1] - 280:4
Intervenor's [2] -
169:24, 184:18
Intervenors [1] - 164:9
intervenors [5] -
239:8, 252:13,
294:6, 294:13,
295:16
intranet [2] - 216:2,
251:19
introduced [2] -
256:4, 258:20
introducing [1] -
186:1
involved [4] - 176:14,
198:8, 198:10,
258:18
issue [16] - 166:15,
171:6, 183:2,
190:24, 214:18,
214:23, 218:6,
220:14, 220:15,
247:2, 249:2,
260:20, 267:24,
284:12, 294:9,
296:12
issued [18] - 169:16,
170:5, 199:2, 208:3,
208:4, 214:18,
222:20, 244:10,
244:25, 245:25,
246:8, 247:9, 256:9,
257:12, 257:22,
262:3, 263:2, 276:15
issues [7] - 166:18,
166:23, 173:2,
259:6, 269:9, 288:9,
291:9
Issues [1] - 206:1
item[1] - 182:25
items [2] - 209:21,
243:8
itself [3] - 197:14,
200:20, 246:11
J
JA6529 [1] - 184:18
Jackson [1] - 186:9
Jakey [1] - 184:12
January [5] - 216:9,
256:16, 257:14,
258:8, 268:12
Jenny [1] - 257:6
job [2] - 274:1, 282:10
JOHN [52] - 163:12,
214:12, 215:4,
215:8, 217:11,
219:14, 221:3,
223:22, 223:25,
224:8, 224:12,
224:16, 225:22,
226:17, 227:2,
227:9, 227:18,
228:16, 230:11,
230:21, 233:14,
234:2, 238:5,
240:15, 241:7,
241:9, 241:19,
242:3, 242:8,
242:20, 243:7,
244:5, 245:3,
245:11, 246:20,
261:10, 267:14,
268:9, 280:11,
280:19, 280:23,
281:2, 285:9,
290:25, 291:5,
291:17, 291:21,
292:8, 292:24,
293:14, 294:3, 296:8
Johnny [1] - 198:2
joint [1] - 250:7
judge [1] - 292:18
Judge [4] - 217:11,
226:17, 276:21,
280:3
JUDGE [3] - 163:11,
163:12, 163:12
judgment [4] - 208:16,
275:9, 291:18,
291:22
Judiciary [4] - 181:4,
187:23, 193:11,
256:20
judiciary [1] - 182:12
July [1] - 289:10
jump [1] - 191:16
June [6] - 183:3,
207:9, 216:10,
283:24, 290:4,
290:14
Justice [11] - 164:5,
165:8, 168:16,
184:22, 185:17,
185:21, 203:7,
239:8, 252:13,
252:19, 295:16
justice [1] - 176:15
Justice's [1] - 252:17
K
Karl [1] - 257:7
KARL [1] - 163:24
KAVANAUGH [23] -
163:12, 216:4,
216:16, 221:8,
221:12, 225:2,
225:9, 227:22,
228:11, 228:15,
228:21, 228:23,
229:2, 233:24,
280:1, 280:5, 281:5,
292:14, 293:2,
293:19, 293:24,
294:2, 294:10
Kavanaugh [2] -
217:12, 280:3
keep [2] - 275:13,
278:5
kept [3] - 177:17,
234:18, 273:18
key [1] - 188:24
killed [1] - 174:18
kind [5] - 168:4,
170:19, 174:21,
184:5, 241:22
Knotts [1] - 184:12
Knowing [1] - 185:3
knowing [8] - 186:22,
222:21, 242:17,
244:1, 244:11,
244:17, 285:17,
292:22
knowledge [4] -
181:5, 207:13,
247:6, 263:21
KOLLAR [51] - 163:11,
166:2, 168:15,
185:16, 193:14,
196:2, 196:6,
196:11, 206:8,
206:12, 215:12,
216:25, 221:19,
221:24, 225:11,
225:17, 226:1,
226:4, 227:24,
228:8, 228:13,
229:25, 230:17,
236:13, 236:16,
236:18, 236:21,
236:23, 242:12,
242:25, 243:18,
244:14, 244:18,
252:16, 252:24,
267:3, 270:19,
279:13, 279:18,
313
285:8, 290:7,
290:12, 292:9,
294:17, 294:21,
295:11, 295:19,
295:25, 296:3,
296:10, 296:14
KOLLAR-KOTELLY
[51] - 163:11, 166:2,
168:15, 185:16,
193:14, 196:2,
196:6, 196:11,
206:8, 206:12,
215:12, 216:25,
221:19, 221:24,
225:11, 225:17,
226:1, 226:4,
227:24, 228:8,
228:13, 229:25,
230:17, 236:13,
236:16, 236:18,
236:21, 236:23,
242:12, 242:25,
243:18, 244:14,
244:18, 252:16,
252:24, 267:3,
270:19, 279:13,
279:18, 285:8,
290:7, 290:12,
292:9, 294:17,
294:21, 295:11,
295:19, 295:25,
296:3, 296:10,
296:14
KOTELLY [51] -
163:11, 166:2,
168:15, 185:16,
193:14, 196:2,
196:6, 196:11,
206:8, 206:12,
215:12, 216:25,
221:19, 221:24,
225:11, 225:17,
226:1, 226:4,
227:24, 228:8,
228:13, 229:25,
230:17, 236:13,
236:16, 236:18,
236:21, 236:23,
242:12, 242:25,
243:18, 244:14,
244:18, 252:16,
252:24, 267:3,
270:19, 279:13,
279:18, 285:8,
290:7, 290:12,
292:9, 294:17,
294:21, 295:11,
295:19, 295:25,
296:3, 296:10,
296:14
Kotelly's [1] - 226:18
08/28/2012 10:15:12 PM Page 314 to 314 of 325 48 of 59 sheets
L
lack [6] - 200:1,
220:20, 266:14,
266:18, 267:19,
284:23
lacked [1] - 190:16
language [17] -
171:18, 172:8,
172:18, 177:17,
177:19, 178:1,
195:24, 207:21,
238:20, 243:16,
249:14, 249:16,
249:19, 249:22,
268:5, 276:21,
276:22
large [2] - 241:20,
247:20
larger [4] - 176:22,
178:13, 180:3, 232:6
largest [3] - 197:21,
232:4, 232:7
last [12] - 172:4,
176:20, 184:5,
190:9, 215:18,
215:20, 238:21,
257:25, 270:14,
289:6, 289:9, 289:23
latest [2] - 211:24,
238:20
latitude [1] - 220:1
Laughter [4] - 230:19,
230:22, 279:16,
294:1
law [54] - 172:14,
175:4, 177:7, 178:5,
189:2, 197:19,
205:9, 205:12,
212:22, 213:7,
224:2, 247:2, 249:3,
250:5, 250:12,
253:10, 254:17,
255:18, 258:5,
258:6, 258:19,
261:11, 261:18,
261:23, 262:6,
262:10, 269:16,
269:19, 271:5,
271:15, 273:11,
273:15, 274:2,
274:18, 275:11,
275:13, 275:14,
275:15, 277:7,
278:12, 279:7,
282:4, 282:8, 282:9,
282:17, 283:16,
283:18, 283:20,
283:24, 284:14,
286:2, 293:18
lawmaker [1] - 284:4
laws [6] - 183:11,
247:15, 256:19,
257:2, 273:20,
273:25
lawyers [1] - 177:16
Lawyers' [1] - 165:12
lay [1] - 294:12
leading [4] - 223:21,
223:22, 223:23,
229:5
League [1] - 231:21
learned [5] - 178:7,
194:18, 212:1,
212:5, 216:23
least [9] - 197:20,
208:7, 224:1,
230:18, 251:4,
251:12, 251:14,
252:17, 284:4
leave [5] - 171:2,
171:13, 182:22,
213:22, 291:1
leaving [2] - 167:3,
197:11
led [1] - 172:25
left [8] - 171:21,
172:18, 183:9,
183:15, 187:21,
191:5, 195:20, 268:4
Legal [1] - 165:5
legal [3] - 253:21,
254:4, 293:4
legislation [19] -
166:11, 167:21,
168:1, 192:7,
192:21, 193:20,
193:24, 194:4,
195:1, 198:10,
203:5, 204:5,
207:11, 208:1,
208:23, 249:14,
258:10, 267:25,
291:14
Legislative [1] -
187:16
legislative [4] - 198:8,
204:11, 256:4,
258:20
legislator [1] - 192:18
legislators [1] -
267:19
legislature [1] - 280:8
less [1] - 291:12
lessons [2] - 212:1,
212:5
letter [2] - 276:22,
289:14
level [3] - 270:4,
270:11, 288:1
Lexington [3] - 184:9,
184:19, 185:3
Liberties [3] - 164:15,
164:19, 165:1
license [30] - 199:2,
208:3, 222:2,
222:16, 222:20,
240:9, 242:13,
242:18, 242:21,
243:2, 243:9,
243:20, 243:21,
244:2, 244:6, 244:7,
244:8, 244:9,
244:15, 244:19,
244:25, 245:6,
247:7, 247:9, 249:5,
256:9, 257:11,
257:22, 285:2
licensed [2] - 237:9,
262:3
licenses [1] - 240:10
lie [1] - 228:3
Lieutenant [17] -
166:3, 166:8,
166:10, 167:20,
168:19, 169:1,
170:2, 179:7, 183:2,
183:6, 184:23,
185:13, 185:21,
189:21, 193:13,
193:17
lieutenant [3] -
168:23, 181:24,
184:5
light [5] - 191:3,
192:12, 203:14,
204:8, 220:14
likely [5] - 176:22,
186:24, 187:6,
229:20, 291:11
limited [2] - 242:1,
242:6
line [8] - 183:5, 183:6,
183:8, 244:23,
249:19, 273:21,
274:5, 292:6
lines [16] - 170:19,
179:3, 179:4, 179:5,
215:4, 215:8,
250:23, 280:6,
280:7, 283:25,
288:16, 288:17,
288:25, 289:2,
290:5, 290:18
list [17] - 166:25,
169:12, 170:22,
171:25, 172:18,
178:13, 179:24,
180:3, 191:10,
199:7, 199:8,
199:10, 219:10,
232:3, 243:8,
266:13, 268:6
listed [2] - 219:13,
242:14
lists [2] - 265:25,
266:12
live [3] - 201:25,
225:20, 236:5
lived [1] - 285:4
LLP [1] - 164:12
local [11] - 172:21,
202:23, 223:3,
253:16, 253:25,
254:4, 254:8,
263:11, 263:12,
263:19, 265:15
located [1] - 263:7
locations [2] - 223:3,
247:23
login [1] - 252:3
longest [1] - 179:3
look [12] - 170:1,
176:18, 177:9,
179:13, 179:14,
205:18, 238:25,
243:2, 267:22,
275:6, 290:4, 294:22
looked [3] - 172:19,
192:9, 209:7
looking [2] - 171:10,
296:12
lose [2] - 185:1, 185:9
lost [3] - 185:9,
245:21, 274:7
lower [1] - 293:12
lowest [1] - 257:21
M
ma'am[5] - 197:13,
207:21, 231:4,
239:19, 250:19
machine [1] - 248:24
machines [1] - 248:21
mail [16] - 190:4,
190:6, 190:8, 237:4,
237:11, 238:19,
257:1, 257:17,
261:19, 261:20,
261:24, 262:13,
262:15, 287:11,
287:12, 287:15
main [2] - 250:24,
283:23
maintain [1] - 182:12
major [3] - 197:20,
203:12, 288:4
314
majority [6] - 174:11,
174:12, 188:22,
189:9, 189:19,
194:17
manager [41] - 199:4,
199:6, 199:8,
199:11, 199:12,
199:16, 204:6,
204:9, 204:15,
205:1, 212:15,
212:17, 212:23,
213:5, 214:13,
214:19, 217:9,
219:20, 220:4,
229:22, 230:4,
231:25, 233:5,
233:9, 233:13,
254:25, 255:10,
272:2, 272:10,
272:17, 272:20,
272:24, 273:11,
273:16, 273:17,
274:8, 277:16,
277:17, 283:1,
283:3, 283:10
Manager's [1] -
204:22
manager's [5] -
199:14, 218:22,
224:17, 224:22,
273:20
managers [28] -
201:7, 204:13,
204:16, 204:19,
205:3, 205:6,
210:24, 211:17,
215:6, 216:12,
220:2, 231:15,
231:24, 232:3,
233:10, 233:16,
233:22, 244:1,
248:22, 255:7,
255:13, 255:16,
255:20, 255:25,
266:24, 282:18,
283:3, 283:12
mandates [1] - 205:13
manner [1] - 255:24
manuals [2] - 205:5,
205:6
Marci [5] - 196:10,
196:22, 217:16,
220:6, 300:6
MARCI [1] - 196:13
MARIE [1] - 164:3
MARK [1] - 165:11
marked [3] - 201:12,
204:21, 205:25
Mars [3] - 277:11,
278:23, 281:4
49 of 59 sheets Page 315 to 315 of 325 08/28/2012 10:15:12 PM
Martin [2] - 189:4,
266:17
MARZIANI [1] - 165:8
massive [1] - 222:25
masthead [1] - 211:11
match [1] - 237:11
matched [1] - 256:12
matching [1] - 257:9
material [2] - 228:5,
292:19
materials [8] - 201:6,
202:9, 202:23,
204:18, 208:7,
215:24, 255:1, 255:3
matter [5] - 173:6,
235:16, 281:2,
297:5, 301:5
McCOMBS [1] -
164:10
McConnell [5] - 166:4,
185:22, 189:21,
191:17, 300:4
McCormick [2] -
223:14, 223:16
McGINLEY [1] -
163:16
mean [28] - 172:12,
172:14, 179:22,
185:10, 191:18,
207:9, 207:21,
208:20, 210:21,
214:17, 217:6,
232:6, 235:14,
238:5, 239:1,
249:17, 249:20,
249:22, 250:5,
251:7, 255:9,
267:11, 275:5,
277:16, 279:15,
290:1, 290:21,
295:20
means [11] - 214:24,
240:15, 266:23,
273:7, 281:7,
281:18, 283:20,
284:12, 285:13,
289:22, 290:20
meant [4] - 192:11,
284:14, 284:16,
294:2
measures [1] - 172:12
meat [1] - 200:3
mechanical [1] -
165:25
mechanism[1] -
189:10
media [2] - 202:23,
223:3
medical [7] - 213:6,
213:9, 213:21,
215:1, 225:3,
227:14, 227:16
meet [3] - 170:19,
227:21, 293:9
meeting [1] - 177:12
meetings [1] - 215:16
member [7] - 181:5,
189:15, 197:18,
197:20, 200:4,
253:11
members [13] -
169:10, 173:1,
175:16, 184:2,
253:12, 256:19,
257:1, 257:3, 257:5,
258:9, 258:13,
258:23, 259:1
membership [1] -
197:14
memory [3] - 172:19,
178:2, 249:6
mentioned [9] - 169:1,
174:21, 176:11,
180:10, 190:21,
213:1, 214:9,
251:19, 262:7
message [3] - 201:22,
205:7, 241:25
messaging [4] -
201:17, 201:18,
203:5, 203:7
MEZA[12] - 164:3,
223:20, 229:24,
252:21, 253:2,
253:5, 256:22,
256:24, 261:14,
267:6, 268:11,
270:16
Meza [3] - 252:21,
286:21, 287:24
Meza.............. [1] -
300:7
MICHAEL [2] - 163:16,
164:9
middle [4] - 203:3,
222:12, 249:19,
283:13
might [15] - 170:19,
182:17, 209:1,
211:19, 214:23,
229:4, 231:23,
238:1, 246:24,
258:5, 261:25,
280:17, 285:1,
295:20
military [2] - 208:4,
238:7
MILLER [1] - 164:4
MIMI [1] - 165:8
mind [3] - 179:18,
190:24, 240:16
minds [1] - 291:25
minorities [4] -
166:12, 173:20,
173:23, 187:1
minority [13] - 167:22,
168:2, 168:9, 184:3,
186:24, 187:24,
188:1, 188:3, 188:4,
188:8, 197:21,
232:11, 232:14
minute [1] - 212:8
minutes [3] - 185:25,
294:16, 295:10
misunderstood [1] -
271:3
mix [1] - 188:25
mobile [2] - 223:6,
263:24
module [1] - 204:16
moment [5] - 208:19,
230:24, 245:16,
252:11, 294:12
moments [1] - 291:1
money [2] - 246:21,
246:23
month [7] - 202:10,
202:12, 202:23,
203:3, 222:12,
238:21, 266:12
Month [2] - 202:13,
202:15
months [1] - 250:23
morning [3] - 176:4,
294:20, 295:21
most [9] - 166:22,
215:10, 231:25,
241:20, 251:14,
254:3, 255:8, 255:9,
279:7
motion [1] - 295:18
motive [1] - 286:17
Motor [5] - 208:4,
209:8, 237:8,
244:10, 263:14
move [11] - 181:24,
189:8, 194:21,
198:19, 201:9,
204:6, 256:2,
282:16, 285:16,
294:25
moved [3] - 188:16,
189:3, 198:11
moving [1] - 296:6
MR [70] - 166:7,
168:13, 168:18,
185:13, 193:16,
196:1, 196:4, 196:9,
196:14, 196:18,
206:13, 206:15,
217:15, 220:5,
222:5, 223:24,
226:3, 229:3,
230:14, 230:16,
230:20, 230:23,
234:6, 236:15,
236:20, 236:22,
236:24, 236:25,
238:9, 240:17,
241:8, 243:12,
244:22, 245:15,
246:3, 246:5, 247:4,
252:10, 252:25,
253:3, 267:2,
270:20, 270:22,
279:12, 279:15,
279:21, 280:3,
280:6, 281:13,
281:14, 285:10,
285:22, 285:23,
290:9, 290:11,
290:14, 290:15,
290:24, 292:25,
293:8, 293:17,
293:20, 294:5,
294:11, 294:19,
295:5, 295:13,
295:23, 296:1,
296:12
MS [14] - 185:19,
193:13, 196:5,
223:20, 229:24,
252:21, 253:2,
253:5, 256:22,
256:24, 261:14,
267:6, 268:11,
270:16
multipage [1] - 203:19
multiple [2] - 188:20,
203:23
multiple-page [1] -
203:23
multitasker [1] -
182:16
municipalities [1] -
172:22
municipality [1] -
169:20
must [6] - 207:18,
218:7, 260:23,
271:3, 274:25, 284:2
N
name [3] - 196:14,
196:21, 289:17
namely [1] - 292:19
NANCY [1] - 164:14
Nanney [1] - 257:7
Nation's [1] - 165:2
315
National [2] - 247:21,
250:21
nature [1] - 229:5
NE [1] - 165:6
nearby [1] - 233:6
necessary [6] - 201:6,
216:22, 229:13,
242:6, 242:10,
264:23
need [21] - 170:24,
178:8, 188:7, 212:1,
221:5, 222:17,
222:19, 229:21,
238:18, 245:21,
248:20, 274:4,
275:25, 278:19,
284:15, 284:19,
285:9, 288:13,
290:8, 295:1, 295:6
needed [9] - 171:22,
204:13, 209:6,
209:15, 209:18,
210:4, 238:25,
284:13, 284:17
needs [2] - 280:21,
294:18
neighbor [1] - 267:17
neutral [1] - 286:9
never [13] - 173:11,
174:19, 181:7,
181:9, 181:22,
181:23, 213:22,
213:23, 230:10,
230:11, 240:16,
262:16, 269:11
new [12] - 209:10,
221:21, 221:24,
222:15, 222:24,
238:11, 247:15,
248:9, 248:21,
249:13, 249:18,
291:16
New [3] - 164:13,
165:10, 165:13
newly [2] - 261:2,
261:6
Newman [10] - 201:20,
201:24, 202:1,
202:2, 202:5, 202:6,
204:3, 207:3,
248:11, 248:12
newspaper [2] -
187:17, 201:17
next [10] - 172:20,
191:16, 202:12,
204:6, 230:8,
234:14, 234:15,
257:20, 285:14,
295:7
night [2] - 251:1,
08/28/2012 10:15:12 PM Page 316 to 316 of 325 50 of 59 sheets
294:20
nine [1] - 269:2
nobody [2] - 233:8,
289:10
nobody's [1] - 284:15
non [1] - 261:19
non-photo [1] -
261:19
noncompliance [1] -
254:17
nonconcur [5] -
175:2, 191:17,
192:3, 192:4, 192:24
nonconcurred [1] -
191:20
none [4] - 172:7,
172:12, 172:16,
245:5
nonetheless [2] -
262:11, 269:10
nonwhite [1] - 190:20
norm[1] - 205:22
normal [2] - 188:11,
189:8
notaries [18] - 214:9,
214:11, 230:24,
231:7, 231:11,
231:20, 231:22,
231:24, 232:3,
232:18, 232:19,
232:20, 232:24,
233:24, 234:3,
234:5, 234:9, 282:19
notarize [3] - 233:13,
282:19, 282:22
notarized [5] - 283:1,
283:7, 283:8,
283:17, 286:3
notary [13] - 212:23,
213:1, 231:8,
232:25, 233:2,
233:6, 233:12,
282:21, 282:23,
284:1, 284:3, 284:4,
284:5
note [4] - 212:21,
213:9, 219:9, 266:13
nothing [3] - 172:10,
187:18, 213:10
nothing's [2] - 167:3,
195:21
notices [1] - 231:16
notify [1] - 238:16
November [11] -
220:16, 220:18,
220:19, 221:4,
221:8, 221:17,
231:18, 265:2,
289:7, 291:8, 291:12
number [16] - 176:25,
183:3, 183:24,
184:2, 190:16,
192:4, 216:10,
232:6, 237:14,
237:18, 245:4,
256:8, 256:11,
258:10, 288:20,
289:23
numbered [1] - 249:8
numbers [1] - 283:12
NW[6] - 163:17,
164:6, 164:16,
165:2, 165:13,
165:17
NY [2] - 164:13,
165:10
O
o'clock [2] - 251:2,
292:11
oath [3] - 275:3,
276:9, 280:16
oaths [2] - 233:11,
283:4
object [2] - 185:11,
296:1
Objection [1] - 211:12
objection [7] - 177:5,
218:19, 223:20,
229:24, 267:2,
279:12, 285:22
objections [1] -
211:18
obligation [1] - 192:4
obstacle [3] - 219:17,
219:19, 219:23
obtain [5] - 210:9,
216:22, 261:2,
262:19, 280:10
obtained [7] - 210:1,
218:7, 219:3,
220:16, 221:4,
222:11, 223:13
obtaining [6] - 210:15,
212:10, 220:21,
239:18, 245:17,
277:1
obvious [1] - 288:14
obviously [3] -
217:17, 276:8,
291:13
occasions [1] -
192:18
occur [2] - 187:5,
287:7
occurred [2] - 187:19,
189:6
occurrence [1] -
255:12
occurs [1] - 291:24
October [1] - 264:25
OF [4] - 163:1, 163:3,
163:6, 163:10
offer [1] - 271:25
offered [4] - 275:21,
276:4, 277:14, 278:7
offering [1] - 273:18
office [21] - 177:13,
204:3, 205:2,
206:23, 217:19,
217:23, 218:6,
218:9, 239:22,
240:6, 250:9,
251:11, 252:7,
262:17, 262:25,
263:13, 265:23,
267:22, 282:7,
285:4, 289:19
offices [11] - 226:7,
226:12, 231:13,
250:9, 250:11,
250:12, 263:3,
263:7, 268:14
official [2] - 267:15,
267:20
Official [3] - 165:16,
297:3, 301:3
officials [8] - 197:17,
201:8, 205:17,
223:4, 251:20,
265:16, 266:24,
291:7
often [2] - 208:21,
240:7
old [2] - 194:11, 240:1
once [11] - 170:8,
175:16, 182:14,
191:13, 211:25,
216:3, 219:2, 247:1,
250:24, 260:3,
291:23
one [77] - 169:23,
170:17, 171:2,
172:2, 172:11,
172:17, 179:9,
181:20, 181:21,
183:3, 188:18,
189:1, 189:3,
189:16, 190:7,
192:4, 196:3,
197:20, 197:22,
197:23, 201:10,
203:5, 204:25,
206:16, 207:23,
207:24, 207:25,
208:7, 210:3,
212:15, 216:13,
218:1, 218:8,
219:13, 220:20,
222:1, 222:2,
222:21, 226:1,
229:6, 229:9,
231:12, 238:10,
239:20, 240:3,
241:12, 241:21,
242:10, 243:1,
245:23, 248:7,
249:2, 251:4,
251:12, 251:14,
253:1, 258:16,
259:9, 262:22,
264:2, 264:5,
267:15, 271:7,
271:15, 272:1,
272:20, 279:8,
281:17, 288:4,
288:9, 290:16,
294:6, 294:21,
294:23
ones [1] - 189:20
ongoing [2] - 241:3,
264:15
online [11] - 203:5,
204:15, 204:17,
254:24, 261:23,
262:2, 262:8,
262:10, 262:11,
262:15, 292:3
open [8] - 234:20,
250:13, 250:20,
251:1, 251:4, 251:6,
251:14
opened [1] - 235:6
operates [1] - 194:19
operation [1] - 264:6
operational [1] -
264:11
operations [2] - 200:9,
239:16
opinion [24] - 172:17,
173:8, 175:25,
179:6, 180:3,
184:25, 192:5,
192:20, 217:19,
217:22, 218:6,
218:9, 219:7,
229:17, 265:24,
266:8, 268:1,
269:19, 276:11,
276:15, 280:5,
284:12, 289:13,
292:20
opportunity [4] -
171:3, 183:14,
221:17, 243:16
oppose [3] - 295:14,
295:17, 295:19
opposed [3] - 182:1,
316
186:19, 243:1
opposition [4] - 186:3,
187:5, 188:2, 188:19
option [2] - 174:10,
174:16
or.. [1] - 279:14
order [22] - 188:9,
188:12, 188:14,
188:16, 188:17,
188:20, 188:21,
188:22, 188:24,
189:2, 189:5,
189:12, 189:22,
209:17, 210:3,
226:8, 226:9,
246:13, 256:11,
260:23, 262:2, 289:7
ordered [1] - 189:19
ordinarily [1] - 244:3
organized [1] - 282:15
original [1] - 182:16
otherwise [1] - 218:7
ought [1] - 192:8
outcome [1] - 203:8
outlined [1] - 245:24
outreach [10] -
166:24, 167:13,
172:9, 172:18,
191:5, 195:15,
204:4, 234:7,
264:17, 264:21
outside [3] - 248:15,
266:7, 278:20
overseeing [1] -
200:11
overwhelmingly [1] -
178:24
own [6] - 277:22,
279:24, 280:9,
282:25, 283:10,
295:6
P
p.m[4] - 163:5,
236:17, 296:17
page [22] - 170:1,
183:4, 183:5, 190:9,
203:18, 203:23,
203:24, 206:4,
206:18, 218:23,
237:17, 249:8,
249:9, 257:15,
257:16, 257:20,
280:2, 280:5, 280:6,
283:24, 290:5,
290:10
PAGE [1] - 300:2
Pages [1] - 163:7
51 of 59 sheets Page 317 to 317 of 325 08/28/2012 10:15:12 PM
pages [3] - 257:25,
297:4, 301:4
paragraph [1] - 281:6
pardon [3] - 229:5,
235:13, 252:25
parliamentary [1] -
175:4
part [12] - 202:17,
204:5, 206:5,
211:20, 219:3,
234:7, 237:21,
237:23, 238:14,
239:16, 249:7,
264:21
participate [1] -
231:18
participation [2] -
170:21, 194:1
particular [3] - 182:25,
254:1, 254:12
particularly [2] -
193:7, 294:8
parties [6] - 231:21,
267:23, 292:15,
292:17, 293:22,
294:4
partisan [2] - 189:11,
194:23
parts [1] - 219:15
Party [1] - 175:12
party [4] - 175:13,
175:14, 197:20,
197:21
pass [2] - 184:10,
184:22
passed [6] - 180:17,
187:7, 187:22,
193:4, 203:6, 259:2
passing [1] - 169:2
passionately [1] -
173:17
passport [2] - 208:4,
238:7
past [6] - 180:18,
185:4, 192:10,
194:17, 217:12,
231:17
patience [1] - 237:2
Peachtree [1] - 164:16
penalize [1] - 254:16
pending [4] - 181:2,
186:2, 187:11, 203:4
Pennsylvania [1] -
164:6
people [47] - 169:15,
170:3, 170:19,
170:23, 171:2,
171:3, 171:4,
171:13, 171:16,
171:20, 178:3,
178:9, 178:15,
178:25, 179:5,
179:10, 179:25,
183:15, 183:18,
183:24, 194:2,
194:18, 216:22,
221:24, 231:17,
237:10, 241:1,
241:20, 241:21,
245:6, 251:2,
251:15, 252:8,
258:10, 261:23,
262:5, 272:21,
274:5, 274:23,
282:1, 282:11,
283:5, 286:4,
286:17, 289:2,
291:20, 292:2
people's [2] - 182:22,
286:18
perceive [2] - 234:4,
291:10
percent [4] - 189:8,
257:21, 270:7, 282:2
percentage [2] -
222:19, 241:21
perfect [3] - 167:3,
177:17, 195:21
perhaps [2] - 273:7,
294:12
period [4] - 172:15,
176:10, 179:24,
191:10
permanent [2] - 240:6,
240:12
permitted [10] - 169:5,
170:3, 170:11,
208:25, 210:16,
224:4, 224:6, 224:9,
242:19
person [22] - 194:7,
194:8, 200:1,
204:16, 212:24,
218:1, 236:4,
242:14, 242:16,
243:24, 243:25,
246:1, 261:9,
262:15, 266:4,
269:20, 269:22,
271:10, 274:3,
282:23, 283:15,
285:2
person's [2] - 228:10,
285:12
personal [1] - 271:20
personally [1] -
166:14
perspective [2] -
224:1, 243:19
persuade [1] - 180:9
philosophical [1] -
185:10
Photo [1] - 203:20
photo [81] - 166:13,
168:23, 169:12,
169:15, 171:5,
171:7, 172:16,
182:5, 182:21,
193:20, 194:3,
198:5, 203:8,
203:16, 207:18,
207:23, 209:7,
210:9, 210:15,
213:4, 214:25,
216:11, 216:22,
220:20, 221:5,
221:17, 221:22,
222:1, 222:19,
226:6, 226:9, 227:1,
229:19, 237:5,
238:11, 238:19,
239:19, 239:22,
240:1, 240:20,
241:2, 242:16,
245:17, 245:21,
245:25, 246:7,
246:11, 256:3,
258:3, 258:19,
259:6, 259:14,
260:20, 261:3,
261:7, 261:15,
261:19, 262:19,
262:23, 263:2,
263:24, 264:16,
264:19, 269:16,
269:19, 271:5,
271:6, 271:19,
272:4, 272:10,
272:23, 273:19,
273:23, 276:6,
277:1, 277:12,
280:10, 282:4,
285:5, 288:3, 292:3
photograph [11] -
170:4, 208:6,
209:14, 222:9,
223:7, 240:3,
240:13, 240:14,
240:19, 262:5,
272:19
photographed [2] -
211:19, 218:19
photographic [2] -
209:4, 223:17
photographs [1] -
247:3
photos [1] - 246:16
phrased [1] - 292:20
physical [3] - 215:1,
218:2, 266:4
picked [1] - 273:23
picture [1] - 240:2
pictureless [1] - 222:7
pictures [1] - 240:22
pieces [1] - 192:6
pinned [2] - 173:8,
173:9
place [18] - 173:12,
202:8, 206:24,
209:17, 210:3,
213:3, 213:19,
216:12, 216:15,
224:4, 229:8,
229:20, 233:2,
248:20, 248:25,
249:1, 262:24, 280:8
placed [1] - 234:22
places [6] - 230:25,
231:3, 232:19,
232:20, 254:21,
285:11
plain [4] - 177:7,
249:22, 250:3, 250:4
Plaintiff [1] - 163:4
PLAINTIFF [1] -
196:13
Plaintiff's [14] -
201:12, 203:19,
204:1, 204:21,
205:25, 206:19,
211:10, 212:3,
218:15, 218:24,
237:3, 237:17,
249:7, 249:8
Plaintiffs [1] - 163:15
plan [10] - 201:10,
203:11, 203:20,
204:2, 231:6,
231:11, 232:18,
232:20, 232:22
planned [1] - 202:19
planning [3] - 247:25,
263:23
plans [9] - 204:8,
222:13, 262:12,
263:10, 263:16,
263:17, 263:19,
264:14, 264:18
plastic [1] - 240:5
played [1] - 169:4
pleased [1] - 176:16
pleasure [1] - 197:24
PLLC [1] - 163:17
plus [2] - 228:9,
292:19
PM[1] - 163:6
point [16] - 184:9,
188:17, 200:1,
203:13, 218:23,
222:1, 226:13,
317
227:20, 228:20,
264:10, 284:11,
285:15, 285:17,
293:15, 296:4, 296:5
Point [1] - 163:20
pointed [1] - 276:21
policy [1] - 180:5
political [12] - 169:17,
169:18, 170:6,
172:20, 174:10,
174:12, 174:16,
193:1, 197:20,
197:21, 231:21,
267:23
Poll [1] - 204:21
poll [88] - 199:4,
199:6, 199:7, 199:8,
199:10, 199:11,
199:12, 199:14,
199:16, 201:7,
204:6, 204:9,
204:13, 204:15,
204:16, 204:19,
205:1, 205:3, 205:6,
210:24, 211:16,
212:15, 212:16,
212:23, 213:5,
213:21, 214:13,
214:19, 215:6,
216:12, 217:1,
217:9, 218:22,
219:20, 220:2,
220:4, 224:17,
224:22, 229:22,
230:4, 231:15,
231:24, 231:25,
232:3, 232:23,
232:24, 232:25,
233:5, 233:9,
233:10, 233:13,
233:15, 233:22,
234:4, 241:23,
243:24, 243:25,
245:4, 247:6,
248:22, 248:25,
254:24, 255:7,
255:10, 255:13,
255:16, 255:20,
255:25, 266:24,
267:15, 272:2,
272:17, 272:20,
272:24, 273:11,
273:16, 273:17,
273:20, 274:8,
277:16, 277:17,
282:18, 283:1,
283:3, 283:10,
283:12
polling [12] - 213:3,
224:4, 229:8,
08/28/2012 10:15:12 PM Page 318 to 318 of 325 52 of 59 sheets
229:19, 230:25,
231:3, 232:19,
232:20, 233:2,
248:20, 248:25,
254:21
polls [13] - 170:12,
203:17, 234:17,
241:18, 269:6,
272:9, 272:21,
274:5, 274:24,
291:12, 291:16,
292:2, 292:7
pool [2] - 231:24,
232:5
population [3] -
176:23, 232:11,
232:14
portion [1] - 238:15
position [8] - 190:23,
196:23, 197:1,
198:20, 269:9,
288:10, 293:9,
295:12
positions [2] - 197:10,
293:4
POSNER[1] - 165:11
possession [1] -
189:24
possibilities [1] -
296:6
possibility [1] -
246:24
possible [4] - 216:7,
220:1, 265:25,
266:24
possibly [1] - 186:9
post [3] - 216:3,
269:25, 270:3
post-election [2] -
269:25, 270:3
postcard [15] - 237:4,
237:7, 237:11,
237:21, 237:23,
237:25, 238:3,
238:11, 238:14,
241:7, 241:10,
241:25, 242:4,
242:25, 243:13
posters [1] - 201:18
potential [1] - 229:5
potentially [3] - 218:8,
237:5, 258:11
Potenza [2] - 166:4,
180:11
POTENZA[5] -
163:16, 166:7,
168:13, 193:16,
196:1
Potenza..... [1] - 300:4
Potenza........... [1] -
300:5
power [2] - 221:15,
246:1
PowerPoint [1] -
204:18
PR[2] - 176:1, 192:22
practice [1] - 236:6
precinct [3] - 195:24,
233:6, 288:19
preclear [2] - 246:24,
286:7
preclearance [23] -
201:10, 203:6,
203:9, 207:15,
209:16, 210:1,
215:18, 215:22,
216:1, 217:20,
218:4, 218:7, 219:2,
220:15, 221:4,
222:11, 222:15,
223:13, 262:9,
264:8, 266:5, 271:5,
289:6
precleared [14] -
203:8, 204:5,
215:14, 216:18,
224:3, 226:5,
240:18, 246:10,
246:13, 246:21,
247:1, 264:21,
264:25, 291:5
predecessor [2] -
167:21, 168:1
predecessors [1] -
194:19
preface [1] - 171:15
preference [1] - 216:9
prefiled [1] - 193:10
prepare [1] - 206:9
prepared [9] - 196:9,
201:9, 203:3,
206:11, 206:23,
223:19, 238:3,
259:13, 266:11
preparing [2] - 201:6,
209:10
presence [1] - 284:2
present [6] - 227:20,
229:19, 236:4,
239:24, 241:17,
284:1
PRESENT [1] - 163:22
presentation [1] -
204:18
presented [10] -
167:10, 167:17,
168:5, 194:7, 199:9,
214:5, 225:15,
236:8, 265:9, 267:12
presents [3] - 199:5,
213:3, 243:24
preserved [1] - 195:15
president [6] - 169:7,
171:16, 177:12,
182:12, 186:12,
194:21
presidential [1] -
216:9
press [2] - 202:20,
215:19
pressure [5] - 175:8,
175:10, 175:11,
193:1, 193:6
presumably [1] -
293:14
pretrial [1] - 293:5
pretty [2] - 191:15,
216:17
prevent [3] - 234:3,
244:3, 276:25
prevented [11] -
210:15, 212:18,
214:15, 214:25,
269:16, 271:18,
271:24, 272:3,
272:25, 287:4, 287:5
prevents [4] - 214:15,
227:14, 272:1,
286:13
previous [3] - 172:17,
172:19, 260:24
previously [6] - 193:8,
226:21, 262:7,
263:15, 263:22,
269:8
primaries [1] - 175:17
primary [3] - 216:9,
216:10, 251:25
print [1] - 262:1
printers [3] - 209:15,
226:14, 246:14
priority [2] - 193:9,
193:12
privately [1] - 184:24
pro [6] - 169:7,
171:16, 177:13,
182:12, 186:13,
194:21
problem [6] - 178:12,
195:18, 217:3,
276:2, 279:4, 282:2
problems [4] - 170:12,
191:7, 191:10, 192:5
procedure [4] -
207:12, 234:24,
236:10, 239:18
Procedures [1] -
211:12
procedures [24] -
205:8, 208:23,
211:16, 211:24,
214:22, 218:18,
254:1, 254:9,
254:18, 255:19,
255:23, 259:14,
259:19, 259:21,
259:23, 260:2,
260:5, 260:7, 260:8,
260:9, 260:12,
260:13, 260:14,
260:17
proceed [1] - 236:22
proceedings [3] -
293:15, 297:5, 301:5
Proceedings [2] -
165:25, 296:17
process [26] - 171:21,
185:24, 186:1,
189:22, 198:8,
212:13, 229:14,
230:10, 231:16,
235:2, 235:25,
240:25, 241:3,
241:14, 246:2,
248:21, 249:13,
250:22, 258:18,
262:1, 262:2,
286:10, 286:15,
291:18, 293:23
produce [13] - 169:22,
204:15, 209:7,
209:18, 216:1,
223:5, 227:7,
229:15, 240:4,
243:14, 247:8,
259:11, 262:4
produced [1] - 165:25
produces [1] - 204:10
producing [1] -
246:15
product [2] - 207:4,
211:23
production [1] -
178:18
professionals [1] -
201:22
profitably [1] - 282:13
program[4] - 202:5,
222:25, 254:25,
264:22
progress [2] - 243:13,
243:14
prohibited [1] -
212:22
projects [2] - 202:7,
203:4
promise [8] - 175:21,
180:14, 180:16,
181:6, 181:7,
181:19, 184:7, 250:8
318
promised [1] - 214:9
promptly [1] - 296:16
promulgate [1] -
254:6
prong [1] - 292:16
proof [3] - 166:22,
177:21, 211:6
propaganda [3] -
175:23, 175:24,
175:25
proper [2] - 292:19,
292:20
proportion [2] -
176:21, 176:23
proposal [1] - 248:11
proposed [1] - 293:17
prosecuted [3] -
228:12, 228:19,
228:24
prove [3] - 213:16,
228:18, 239:25
proved [2] - 227:3,
227:5
provide [10] - 198:15,
200:12, 205:3,
205:4, 205:6,
211:20, 223:17,
258:9, 263:11,
264:16
provided [8] - 205:2,
214:21, 229:6,
241:23, 257:14,
257:18, 257:24,
258:23
provider [1] - 263:24
provides [6] - 206:6,
254:24, 255:3,
266:8, 282:8, 293:21
providing [5] - 190:4,
202:22, 205:9,
264:19, 289:5
provision [14] - 170:2,
177:11, 177:23,
180:12, 199:18,
210:8, 210:13,
246:7, 259:9,
262:10, 265:5,
265:18, 281:17
provisional [25] -
167:5, 167:14,
195:16, 210:16,
211:4, 212:19,
212:24, 213:12,
217:9, 220:23,
229:11, 230:7,
234:14, 234:15,
234:23, 234:25,
235:3, 235:7, 236:7,
241:18, 265:7,
272:18, 273:1,
53 of 59 sheets Page 319 to 319 of 325 08/28/2012 10:15:12 PM
274:10, 275:16
provisions [8] - 167:9,
171:25, 185:2,
185:9, 191:8,
193:23, 194:9,
246:25
public [11] - 169:22,
194:2, 201:7, 201:8,
201:20, 202:2,
252:1, 259:1,
259:18, 289:20
pull [2] - 190:3, 256:22
purchase [1] - 248:3
purchased [4] -
209:20, 209:22,
223:7, 248:6
purpose [14] - 167:21,
168:1, 168:9,
171:20, 193:19,
193:25, 194:6,
203:13, 203:14,
231:22, 243:23,
250:24, 262:23,
264:3
purposes [5] - 193:18,
193:23, 194:3,
243:22, 264:13
pushed [1] - 174:17
put [33] - 167:13,
172:8, 175:25,
179:8, 179:14,
184:13, 187:9,
187:24, 188:13,
189:10, 190:1,
191:4, 191:13,
194:20, 201:11,
203:18, 204:20,
205:24, 208:8,
211:9, 213:8, 223:3,
223:10, 228:1,
237:2, 247:24,
272:11, 276:23,
280:8, 283:22,
291:7, 294:16,
296:10
puts [2] - 188:3,
213:25
Q
question's [1] -
166:16
questioning [3] -
216:17, 244:23,
281:11
questions [21] -
168:14, 184:6,
217:16, 217:17,
223:21, 223:23,
237:1, 238:23,
239:1, 239:7,
245:13, 246:3,
247:5, 252:12,
252:13, 253:15,
256:2, 270:16,
272:6, 285:9, 290:25
quick [2] - 242:12,
290:4
quickly [1] - 251:24
quite [2] - 230:16,
288:21
R
R54 [67] - 167:17,
167:21, 167:25,
168:5, 168:9,
169:12, 172:7,
172:8, 172:12,
172:16, 172:25,
176:13, 177:12,
180:2, 184:10,
191:12, 198:3,
198:19, 198:25,
199:18, 199:20,
199:22, 200:5,
200:23, 200:25,
201:5, 202:5,
203:14, 204:8,
207:14, 207:18,
209:3, 210:8,
210:13, 215:13,
224:3, 231:7, 235:3,
240:18, 246:6,
246:18, 259:2,
259:4, 262:19,
264:25, 265:5,
265:16, 266:22,
269:16, 270:25,
277:21, 278:17,
279:9, 286:7,
286:13, 286:16,
286:17, 287:4,
287:5, 287:9, 288:4,
289:7, 289:22,
291:2, 291:5
race [2] - 190:11,
257:24
racial [2] - 166:12,
235:19
raise [1] - 203:15
raised [6] - 166:23,
182:6, 239:1, 239:7,
265:16, 269:9
raising [1] - 173:25
ranking [1] - 257:20
rates [1] - 189:24
rather [2] - 180:18,
210:10
ratified [1] - 259:2
reach [6] - 177:13,
221:15, 222:17,
233:18, 241:20,
265:1
reached [1] - 248:10
read [2] - 292:3,
295:14
readily [2] - 210:4,
240:23
reading [4] - 194:12,
219:16, 280:1,
283:24
ready [5] - 209:17,
210:1, 215:25,
236:22, 240:22
realize [2] - 187:8,
293:3
realized [1] - 238:25
really [11] - 174:9,
193:1, 193:3, 193:6,
194:24, 208:21,
270:25, 275:8,
281:18, 285:11,
285:15
reapportionment [1] -
176:14
reason [38] - 167:24,
168:8, 168:11,
171:4, 171:12,
178:7, 180:4,
212:23, 219:16,
219:18, 219:21,
219:25, 225:18,
225:21, 225:24,
228:2, 228:7, 228:9,
235:7, 270:11,
270:15, 271:21,
275:6, 275:20,
276:5, 276:14,
276:25, 277:8,
277:13, 278:3,
278:7, 278:18,
279:23, 279:24,
281:8, 281:9,
284:19, 287:6
reasonability [1] -
217:7
Reasonable [1] -
211:11
reasonable [128] -
167:6, 167:14,
171:3, 177:11,
177:19, 177:22,
177:25, 195:17,
210:9, 210:12,
210:14, 210:18,
210:20, 211:18,
212:10, 212:17,
212:21, 213:4,
213:25, 214:14,
214:17, 214:21,
214:22, 216:5,
216:19, 216:23,
217:2, 217:6, 217:8,
217:20, 218:8,
218:18, 218:25,
219:11, 219:14,
220:3, 220:8,
220:21, 221:7,
221:11, 221:14,
221:18, 224:4,
224:10, 224:12,
224:15, 224:18,
224:22, 224:24,
225:13, 225:18,
226:19, 226:23,
227:4, 228:3, 228:4,
228:18, 229:9,
229:13, 229:21,
230:9, 230:10,
231:9, 231:10,
233:3, 234:13,
235:3, 236:7,
238:18, 241:11,
241:14, 241:16,
242:4, 265:4, 265:8,
265:9, 265:18,
265:25, 266:9,
266:15, 266:19,
266:23, 267:1,
267:5, 267:9,
267:16, 267:19,
268:2, 268:7,
271:10, 271:12,
271:14, 271:18,
271:22, 271:23,
271:24, 272:1,
272:3, 272:7,
272:22, 272:25,
273:5, 273:10,
273:12, 273:13,
273:14, 273:17,
273:24, 274:9,
274:13, 274:15,
274:19, 274:20,
276:9, 277:2,
277:20, 277:25,
278:2, 278:13,
278:16, 278:18,
284:10, 284:13,
284:14, 284:23,
285:5
reasonableness [1] -
210:21
reasons [4] - 180:7,
191:21, 191:22,
191:25
receive [9] - 207:15,
209:16, 217:22,
237:7, 240:21,
261:19, 261:24,
319
262:12
received [5] - 248:1,
248:3, 258:14,
268:14, 268:22
receives [2] - 199:4,
261:7
receiving [3] - 190:22,
205:19, 256:18
recently [1] - 292:18
Recess [1] - 236:17
recognize [8] -
201:12, 203:20,
204:22, 206:1,
206:21, 211:12,
237:3, 256:25
recollect [1] - 168:3
recollection [14] -
167:1, 170:7,
170:15, 177:15,
177:25, 181:4,
183:1, 183:16,
186:11, 188:23,
189:3, 191:13,
290:6, 290:19
record [5] - 196:21,
206:19, 250:7,
297:5, 301:4
recorded [1] - 165:25
records [1] - 209:12
recruit [2] - 231:22,
232:23
recruiting [1] - 231:15
rectify [1] - 170:12
redirect [2] - 193:14,
196:2
reference [2] - 206:18,
208:9
referred [2] - 187:23,
200:4
referring [1] - 198:4
refined [1] - 167:15
reflect [2] - 204:11,
207:16
reflected [1] - 168:4
reflection [1] - 170:9
reform[1] - 192:6
refrain [2] - 223:23,
254:12
refresh [5] - 170:7,
183:1, 183:16,
249:6, 290:18
refreshes [1] - 290:6
refusal [1] - 177:7
regard [4] - 204:8,
207:14, 245:16,
247:16
regarding [8] -
183:12, 210:9,
211:17, 232:18,
253:16, 259:10,
08/28/2012 10:15:12 PM Page 320 to 320 of 325 54 of 59 sheets
259:22, 266:23
regardless [2] -
277:25, 291:14
regional [1] - 189:11
register [5] - 202:24,
208:25, 221:20,
250:24, 261:2
Registered [1] -
190:10
registered [13] -
189:24, 190:16,
203:2, 220:20,
245:19, 245:20,
256:8, 257:11,
260:24, 261:2,
261:6, 261:12,
262:11
registering [2] -
221:25, 261:9
registers [2] - 261:18,
262:15
Registration [4] -
206:20, 212:4,
247:22, 250:21
registration [64] -
199:3, 199:7,
200:11, 202:20,
202:22, 203:5,
207:2, 208:5,
209:10, 209:11,
218:21, 221:22,
222:7, 223:18,
226:9, 232:1,
237:10, 239:19,
239:21, 239:22,
240:1, 240:3,
240:12, 241:2,
243:6, 245:17,
245:20, 245:22,
246:7, 246:16,
247:2, 247:8,
247:23, 250:11,
250:12, 250:22,
251:17, 253:16,
253:17, 253:20,
253:25, 256:12,
257:10, 259:7,
259:15, 260:21,
261:3, 261:7,
261:15, 261:16,
261:20, 261:23,
261:24, 262:2,
262:4, 262:8,
262:10, 262:19,
262:24, 263:2,
263:3, 263:24,
264:16, 264:20
regular [4] - 188:17,
206:25, 229:11,
255:12
regularly [1] - 207:10
regulations [1] - 254:6
related [1] - 215:1
relates [1] - 206:17
relations [2] - 201:20,
202:2
relationship [1] -
205:17
relayed [2] - 187:2,
265:17
release [2] - 215:19,
248:7
released [2] - 248:6,
256:15
reliability [3] - 166:15,
191:2, 194:6
reliable [1] - 169:23
relied [2] - 201:21,
202:8
religious [2] - 211:18,
218:19
rely [2] - 259:22,
259:25
remained [1] - 286:9
remaining [1] - 246:24
remarks [1] - 183:21
remember [21] -
173:25, 174:3,
175:12, 175:23,
177:4, 178:3, 181:3,
181:15, 182:3,
183:21, 183:23,
184:1, 184:13,
185:5, 185:6,
190:17, 239:9,
258:4, 289:21,
289:25, 290:22
remind [1] - 202:25
reminding [1] - 202:24
removed [2] - 188:5,
249:21
renew [1] - 240:8
renewed [1] - 240:10
repeat [2] - 173:21,
261:5
report [18] - 174:6,
174:8, 180:12,
180:13, 180:24,
181:14, 187:24,
188:1, 188:3, 188:4,
188:6, 188:8,
256:15, 256:19,
257:14, 257:18,
258:8, 258:23
reported [3] - 248:22,
268:21, 270:7
Reporter [4] - 165:15,
165:16, 297:3, 301:3
reporters [1] - 295:4
represent [4] - 174:12,
178:25, 246:6, 249:7
Representative [9] -
173:1, 176:18,
180:8, 180:14,
181:2, 181:6,
181:12, 181:14,
283:23
represented [1] -
197:21
Republican [3] -
193:7, 197:23,
267:17
request [3] - 215:18,
248:11, 289:11
requested [2] -
255:11, 258:24
requests [2] - 233:3,
256:18
require [5] - 171:5,
171:7, 245:23,
253:24, 254:4
required [11] - 170:24,
212:16, 213:7,
217:5, 220:20,
231:8, 237:24,
241:12, 241:22,
247:2, 259:6
requirement [12] -
166:13, 186:15,
191:19, 191:24,
198:23, 207:17,
212:9, 214:11,
231:7, 231:14,
246:11, 292:5
requirements [7] -
182:22, 194:4,
198:21, 200:23,
227:21, 238:12,
240:8
requires [8] - 197:19,
199:1, 205:10,
243:10, 246:7,
249:3, 250:12,
283:16
requiring [1] - 258:3
research [1] - 259:25
researched [1] - 209:6
reserve [1] - 293:11
reside [1] - 263:5
resolved [1] - 210:18
Resolving [1] - 206:1
respect [3] - 286:11,
286:13, 294:8
respond [2] - 188:11,
205:15
responded [1] -
268:18
respondents [1] -
270:7
responding [1] -
268:21
response [2] - 173:6,
224:17
responsible [4] -
199:22, 199:24,
200:9, 253:12
rest [2] - 174:19,
243:3
results [2] - 257:9,
270:3
resume [1] - 166:3
resumes [1] - 166:5
retained [1] - 202:4
retrogression [3] -
183:7, 183:10,
183:13
return [1] - 237:25
returning [1] - 197:12
reveal [2] - 213:7
review [4] - 259:21,
260:7, 260:8, 260:9
reviewed [2] - 192:8,
259:5
revision [3] - 212:5,
238:22, 238:23
revisions [2] - 239:10,
239:15
revoked [3] - 244:15,
244:17, 245:10
rewrite [1] - 282:17
rewritten [1] - 270:25
RFP [1] - 248:6
RICHARD [1] - 164:1
ride [1] - 178:9
rights [3] - 174:2,
182:6, 182:18
Rights [4] - 164:5,
165:12, 176:13,
184:11
ring [1] - 171:8
role [7] - 169:4, 169:5,
169:7, 199:25,
200:7, 200:15, 201:4
Room[1] - 165:16
roughly [2] - 202:24,
231:1
route [1] - 189:15
route's [1] - 188:11
RPR[1] - 165:15
rubric [1] - 235:4
rule [3] - 189:9,
194:14, 214:6
rules [5] - 188:10,
189:4, 189:15,
194:12, 194:16
rumors [1] - 175:18
run [4] - 170:10,
194:22, 194:24,
237:15
running [2] - 174:17,
320
295:10
rural [1] - 222:13
S
S.1 [1] - 193:10
S.334 [2] - 186:1,
187:11
sample [1] - 215:19
satellite [1] - 263:3
satisfaction [1] -
269:5
satisfied [2] - 199:11,
199:14
satisfy [1] - 293:11
Saturday [2] - 251:12,
251:15
Saturdays [3] -
170:15, 251:4, 251:7
save [1] - 295:8
saw [2] - 187:17,
215:22
SC[2] - 163:20,
164:21
scenario [1] - 273:16
scheduled [1] -
264:13
Scott [6] - 173:5,
173:9, 173:15,
173:17, 173:22,
174:5
screen [6] - 204:20,
208:9, 218:15,
230:4, 237:2, 256:22
script [1] - 185:12
scroll [1] - 190:14
SEAN [1] - 164:11
season [1] - 250:17
seat [1] - 263:8
second [11] - 175:3,
189:1, 193:6, 213:1,
222:10, 237:17,
247:20, 248:7,
257:16, 282:16
secondly [1] - 192:4
secrecy [1] - 234:20
Section [11] - 164:6,
246:6, 246:10,
246:12, 246:13,
246:21, 249:11,
259:4, 294:8
section [3] - 237:24,
241:6, 247:1
sections [1] - 246:22
secure [1] - 179:9
see [31] - 168:21,
170:8, 178:1,
179:21, 183:1,
183:6, 184:19,
55 of 59 sheets Page 321 to 321 of 325 08/28/2012 10:15:12 PM
185:21, 186:6,
186:12, 190:8,
194:22, 207:9,
211:10, 218:25,
228:20, 233:5,
234:21, 237:18,
238:12, 249:11,
249:24, 279:23,
287:13, 289:14,
290:6, 292:1, 296:5,
296:6, 296:15
seem[1] - 281:21
selected [1] - 253:10
sell [1] - 173:5
Sellers [1] - 257:6
SELLS [1] - 164:2
Senate [58] - 166:19,
166:20, 167:25,
169:9, 171:11,
172:10, 172:23,
173:14, 173:19,
173:22, 174:11,
174:15, 174:19,
174:24, 175:4,
175:5, 175:20,
175:25, 176:5,
176:19, 177:6,
177:18, 178:1,
178:6, 179:11,
179:21, 180:1,
180:15, 181:20,
182:1, 182:5,
182:17, 184:2,
184:8, 184:16,
184:25, 185:2,
187:11, 187:18,
187:19, 187:20,
187:22, 189:10,
189:23, 193:3,
193:5, 193:7,
193:10, 193:21,
193:24, 194:5,
194:10, 194:11,
194:19, 194:22,
194:25, 195:7,
198:13
Senator [23] - 173:4,
173:9, 173:15,
173:17, 173:22,
174:5, 176:3, 178:4,
184:9, 184:12,
184:19, 184:20,
185:3, 185:25,
186:9, 187:2, 187:4,
188:3, 189:4,
191:17, 194:13
senators [8] - 186:6,
186:8, 186:9,
186:12, 188:25,
190:2, 191:15,
192:24
Senators [2] - 182:5,
266:17
send [5] - 180:21,
195:7, 223:3, 233:7,
240:5
sending [1] - 231:16
sense [5] - 173:6,
178:22, 178:23,
179:17, 210:2
sent [13] - 175:1,
179:11, 181:17,
181:20, 181:21,
189:23, 190:4,
190:5, 192:9,
193:11, 215:13,
237:25, 256:19
sentence [3] - 249:24,
280:8, 281:7
sentiments [1] -
283:16
separate [4] - 180:19,
235:7, 253:21
September [15] -
202:12, 202:18,
203:12, 216:19,
221:9, 221:11,
221:17, 221:20,
221:25, 222:11,
223:13, 223:14,
264:25, 291:6,
291:15
seriousness [1] -
279:22
serve [1] - 197:24
service [2] - 169:22,
234:11
services [1] - 202:4
session [4] - 191:16,
193:6, 256:5, 258:20
SESSION[1] - 163:6
set [2] - 202:10,
277:20
severability [1] -
167:16
several [9] - 167:2,
181:16, 186:10,
191:20, 218:1,
223:20, 226:13,
232:4, 237:15
shall [1] - 275:15
sheet [2] - 189:25,
190:8
sheets [1] - 189:25
shift [3] - 203:3,
222:10, 293:4
shifting [1] - 169:21
short [10] - 215:2,
216:5, 216:8,
216:20, 218:3,
218:12, 248:14,
248:18, 266:5,
295:10
show [11] - 169:16,
169:24, 172:1,
206:4, 206:16,
216:22, 224:3,
226:25, 241:12,
241:21, 258:10
showed [2] - 227:1,
257:10
showing [4] - 170:4,
178:13, 178:14,
236:8
shows [1] - 257:20
sick [4] - 274:13,
280:17, 282:24,
283:13
side [15] - 174:15,
206:4, 208:17,
208:18, 220:1,
227:23, 238:10,
274:2, 275:23,
279:2, 280:25,
281:19, 282:11,
283:5, 283:19
sides [2] - 169:6,
169:8
sign [7] - 174:6, 174:8,
180:12, 199:7,
212:24, 274:6, 283:1
signal [2] - 188:1,
188:3
signaled [1] - 178:16
signature [6] - 167:11,
167:18, 168:5,
199:8, 199:10,
225:20
signed [4] - 168:8,
180:13, 180:23,
184:7
significant [1] -
293:22
signing [1] - 224:25
similar [1] - 236:10
simply [7] - 229:14,
232:24, 239:24,
280:13, 284:14,
286:10, 291:16
sincerely [1] - 294:2
single [1] - 216:18
sister [1] - 227:18
sit [1] - 237:13
site [2] - 216:2, 251:19
sitting [1] - 289:25
situation [5] - 209:1,
213:20, 233:11,
278:23
six [2] - 255:14,
288:17
slot [1] - 189:4
smack [1] - 222:12
so-and-so [1] - 225:19
solicitor [1] - 229:1
solidly [1] - 169:21
someone [12] -
177:22, 227:18,
229:17, 229:18,
233:6, 233:7, 236:8,
243:20, 244:6,
262:11, 283:14,
286:1
sometimes [2] -
195:11, 233:22
somewhere [2] -
237:16, 243:3
soon [3] - 181:13,
240:21, 250:8
sorry [6] - 169:1,
173:21, 193:22,
230:15, 280:3,
290:11
sort [1] - 251:18
sorts [1] - 172:18
sought [1] - 276:24
sound [2] - 179:15,
180:5
sounds [3] - 223:25,
246:20, 281:19
source [2] - 169:19,
226:16
South [45] - 163:22,
163:24, 164:19,
173:24, 176:6,
179:2, 183:24,
192:14, 196:15,
197:6, 199:1, 202:3,
208:3, 217:22,
220:17, 230:25,
238:11, 240:8,
240:10, 243:8,
244:10, 244:24,
247:9, 247:10,
248:2, 248:4, 249:5,
249:9, 253:7,
253:10, 256:4,
261:22, 262:7,
270:5, 270:8, 271:4,
273:25, 282:17,
288:13, 288:18,
288:23, 291:7,
293:8, 293:9, 295:13
SOUTH [1] - 163:3
space [2] - 242:2,
242:7
speaking [3] - 203:25,
268:10, 292:14
special [16] - 188:9,
188:11, 188:14,
188:16, 188:17,
321
188:20, 188:21,
188:22, 188:24,
189:2, 189:4,
189:12, 189:19,
189:22, 200:5,
202:10
specific [9] - 174:1,
183:12, 189:20,
218:11, 256:18,
259:22, 260:14,
260:23, 268:6
specifically [8] -
182:24, 186:16,
205:11, 218:3,
218:23, 247:24,
264:19, 290:3
speculation [2] -
229:24, 267:2
spend [1] - 246:21
spent [1] - 197:10
SPITZER[1] - 165:1
sponsor [1] - 283:23
spot [3] - 223:5,
223:18, 296:11
squeezed [1] - 294:18
staff [5] - 206:10,
207:2, 209:22,
238:4, 252:7
staffer [1] - 177:18
staffs [1] - 198:15
stand [1] - 166:5
standard [1] - 294:8
standards [1] - 255:23
standing [2] - 243:25,
282:25
start [8] - 177:16,
186:3, 190:10,
202:19, 223:19,
240:22, 292:10,
294:19
started [1] - 172:5
starting [3] - 183:8,
280:7, 295:3
starts [1] - 170:10
STATE [1] - 163:3
state [37] - 169:16,
169:20, 170:6,
172:21, 176:20,
176:22, 176:23,
177:1, 177:3, 177:5,
177:7, 178:11,
182:6, 187:19,
196:9, 196:15,
196:21, 205:9,
205:12, 209:9,
209:12, 212:22,
222:13, 223:17,
232:1, 247:20,
247:25, 248:22,
253:18, 254:17,
08/28/2012 10:15:12 PM Page 322 to 322 of 325 56 of 59 sheets
254:21, 255:15,
271:4, 286:22,
292:25
State [32] - 171:6,
189:23, 190:5,
196:24, 197:3,
197:16, 199:23,
201:4, 202:21,
204:10, 205:4,
206:10, 238:4,
251:22, 252:7,
253:11, 253:21,
253:24, 254:15,
254:17, 254:24,
255:6, 255:22,
259:17, 260:6,
260:17, 263:10,
268:12, 269:24,
286:9, 287:3, 288:9
state's [5] - 256:12,
266:25, 268:13,
270:12, 295:7
statement [2] -
231:19, 245:25
states [1] - 288:21
STATES [2] - 163:1,
163:6
States [4] - 190:3,
252:22, 293:20,
296:1
statewide [10] -
200:11, 200:12,
204:14, 211:25,
216:10, 222:24,
248:4, 251:3,
255:15, 280:9
statute [6] - 198:19,
243:9, 243:19,
244:8, 246:25, 249:6
stay [2] - 251:1,
295:24
staying [1] - 295:3
stenography [1] -
165:25
step [2] - 196:12,
292:10
STEPHEN[1] - 163:16
steps [2] - 196:8,
292:13
stick [1] - 181:19
sticking [1] - 285:19
still [17] - 178:23,
185:8, 187:20,
194:11, 209:2,
218:15, 223:1,
226:22, 232:22,
232:23, 242:18,
243:21, 244:15,
290:21, 293:6,
293:22, 295:6
STIRLING[1] - 163:23
stock [1] - 240:5
stop [3] - 236:14,
290:8, 294:23
stopped [1] - 272:22
story [1] - 192:20
straightforwardness
[1] - 185:4
strategic [3] - 191:22,
191:25, 192:12
Street [5] - 163:17,
164:12, 164:16,
164:20, 165:6
street [3] - 282:7,
283:5, 285:14
stricken [2] - 249:19,
250:2
strike [1] - 249:13
strike-and-insert [1] -
249:13
stripped [2] - 174:25,
176:19
strong [5] - 186:3,
186:7, 188:1,
188:19, 194:16
strongly [2] - 173:13,
186:20
structured [1] -
197:15
struggling [2] -
281:16, 294:14
studies [2] - 259:22,
259:24
stuff [1] - 170:10
subcommittee [12] -
178:5, 181:3,
181:15, 193:11,
198:12, 198:13,
256:19, 257:2,
257:3, 258:2, 258:9,
258:13
subcommittees [1] -
198:11
subdivision [1] -
170:6
subdivisions [3] -
169:17, 169:18,
172:20
subject [3] - 212:4,
260:2, 295:13
subjective [4] -
210:22, 220:8,
220:9, 220:11
subjectively [1] -
281:20
submitted [3] -
215:18, 289:13,
289:15
submitting [1] -
293:17
subsequent [1] -
226:18
substance [1] - 288:7
substantiated [1] -
286:23
success [1] - 248:17
successful [3] -
248:19, 248:22,
248:24
suffered [3] - 212:17,
273:5, 273:10
suffers [1] - 210:14
sufficient [3] - 217:13,
224:20, 240:18
suggest [1] - 251:2
Suite [4] - 164:16,
164:20, 165:3,
165:13
Sullivan [1] - 164:12
superior [2] - 179:20,
185:8
supplement [2] -
218:20, 218:21
supplies [1] - 254:25
supply [1] - 216:1
support [8] - 167:20,
176:7, 176:12,
178:17, 178:25,
185:10, 200:12,
288:10
supported [4] -
166:17, 167:25,
178:11, 178:20
supporter [1] - 191:22
supporters [1] -
266:22
supports [1] - 178:24
suppose [4] - 272:9,
275:25, 276:1,
278:10
supposed [5] - 199:8,
211:3, 226:5,
276:16, 292:22
suppress [1] - 286:17
survey [6] - 268:13,
268:16, 268:19,
269:25, 270:14,
287:25
surveys [2] - 270:1,
270:3
SUSAN [1] - 164:18
suspended [11] -
242:13, 242:15,
242:18, 243:20,
244:2, 244:7,
244:11, 245:7,
245:10
swear [2] - 229:9,
229:21
swearing [1] - 273:8
swears [1] - 229:7
SWORN [1] - 196:13
sworn [3] - 211:1,
212:9, 225:1
system[22] - 179:9,
200:11, 200:12,
209:10, 209:14,
209:16, 209:24,
222:24, 224:3,
232:2, 248:3, 248:4,
248:9, 259:6, 270:5,
270:8, 270:12,
280:8, 288:2, 288:5,
291:3, 291:24
T
table [1] - 294:12
talks [2] - 243:5,
243:19
TALY [1] - 164:10
tax [1] - 234:4
Tea [1] - 175:12
tem[6] - 169:7,
171:16, 177:13,
182:12, 186:13,
194:21
tend [3] - 245:13,
255:14, 274:2
tenure [1] - 269:10
term[5] - 175:24,
200:1, 226:20,
241:16, 284:13
terminology [1] -
265:16
terms [10] - 205:14,
214:2, 217:20,
218:6, 221:19,
228:5, 239:17,
242:9, 244:18,
291:23
test [9] - 217:7,
292:17, 292:19,
292:20, 293:10,
293:12, 293:16
tested [5] - 209:16,
209:19, 209:20,
209:23, 209:25
testified [12] - 247:15,
254:20, 259:13,
263:22, 264:5,
264:24, 265:15,
265:20, 266:14,
266:18, 269:14,
291:22
testify [4] - 169:21,
176:17, 198:11,
198:12
testifying [1] - 245:16
322
testimony [12] - 166:3,
190:22, 220:7,
220:19, 236:11,
258:3, 258:5, 262:7,
275:19, 283:22,
286:12, 292:15
testing [2] - 223:8,
226:14
THE [75] - 163:1,
185:15, 196:13,
206:10, 214:21,
215:7, 215:10,
215:15, 216:7,
216:21, 217:7,
217:14, 219:24,
221:6, 221:10,
221:13, 221:23,
222:4, 224:7,
224:10, 224:14,
224:21, 225:5,
225:14, 225:21,
225:25, 226:12,
226:25, 227:7,
227:11, 227:20,
227:23, 228:6,
228:10, 228:19,
228:22, 228:25,
230:3, 230:13,
230:15, 233:20,
234:1, 234:4, 238:7,
241:16, 242:1,
242:5, 242:11,
242:17, 242:23,
243:5, 243:11,
243:23, 244:9,
244:16, 244:21,
245:8, 245:13,
247:1, 252:15,
261:12, 267:4,
267:22, 270:18,
279:19, 280:15,
280:21, 280:25,
281:3, 290:10,
291:4, 291:13,
291:19, 291:25,
292:12
theme [1] - 208:21
themselves [4] -
194:7, 229:19,
243:24, 255:13
THEODORE [1] -
164:10
therefore [4] - 177:2,
230:11, 242:3,
291:17
they've [2] - 201:20,
231:17
thick [1] - 206:17
third [5] - 194:12,
257:15, 273:4, 280:6
57 of 59 sheets Page 323 to 323 of 325 08/28/2012 10:15:12 PM
thirdly [1] - 192:5
thirds [7] - 188:14,
188:17, 188:24,
189:3, 189:7,
189:15, 189:18
thoroughly [1] -
209:15
threatened [1] -
175:17
three [15] - 173:4,
219:13, 219:15,
219:17, 219:19,
226:10, 227:16,
265:25, 266:3,
266:7, 266:12,
292:15, 292:17,
292:18, 293:2
three-judge [1] -
292:18
throughout [5] -
201:19, 205:16,
232:1, 254:21,
286:10
throw[1] - 220:13
timing [2] - 217:20,
294:22
title [1] - 206:20
to.. [1] - 182:13
today [7] - 198:3,
199:21, 234:25,
237:13, 241:23,
251:25, 269:1
together [11] - 169:6,
169:8, 170:10,
178:4, 178:9, 179:8,
179:14, 187:9,
194:9, 247:24,
289:25
tomorrow[3] -
292:10, 294:24,
296:15
tonight [3] - 294:13,
294:15, 295:14
took [7] - 175:20,
177:6, 179:15,
191:6, 238:24,
276:9, 276:22
top [3] - 190:10,
211:11, 243:8
topic [3] - 181:24,
182:7, 222:10
total [2] - 190:15,
257:10
touch [1] - 218:9
toward [1] - 171:10
trade [2] - 285:11,
292:6
train [2] - 255:7,
255:14
training [24] - 200:11,
204:7, 204:8,
204:15, 204:16,
204:17, 204:19,
205:4, 205:6, 206:6,
206:17, 215:15,
219:2, 219:3, 219:7,
233:21, 254:25,
255:3, 255:10,
255:13, 259:18,
289:20
transcript [4] -
165:25, 290:4,
297:4, 301:4
TRANSCRIPT [1] -
163:10
transcription [1] -
165:25
transcripts [1] - 182:1
transition [10] - 167:2,
171:2, 171:10,
171:12, 171:19,
171:20, 172:15,
176:10, 179:24,
195:18
translates [1] - 197:22
transportation [9] -
183:19, 215:1,
263:11, 266:14,
266:19, 267:19,
268:1, 268:7, 284:23
travel [4] - 194:18,
262:16, 262:20,
263:12
tremendous [1] -
175:10
TRIAL [1] - 163:10
trials [1] - 295:2
tricks [1] - 188:10
tried [6] - 173:1,
173:5, 179:18,
194:22, 194:24,
195:19
trouble [1] - 280:20
true [14] - 225:1,
254:15, 254:19,
261:10, 267:13,
268:18, 269:7,
269:18, 273:8,
275:3, 275:4, 275:7,
275:12, 276:4
try [5] - 169:8, 182:17,
194:19, 282:14,
294:3
trying [19] - 169:5,
170:14, 170:15,
170:16, 171:1,
171:10, 171:12,
171:24, 177:13,
177:17, 178:3,
178:14, 179:16,
185:6, 192:18,
221:20, 227:25,
281:11, 289:21
tuned [2] - 182:9,
182:25
turn [6] - 183:2, 183:4,
204:12, 222:6,
259:4, 265:4
turns [1] - 225:2
tweaked [1] - 172:23
two [37] - 170:15,
171:5, 172:1, 172:6,
172:11, 177:16,
186:10, 188:14,
188:17, 188:18,
188:24, 189:3,
189:7, 189:15,
189:16, 189:18,
191:10, 191:15,
194:9, 197:11,
203:4, 204:11,
206:4, 210:6, 210:7,
226:10, 227:15,
229:9, 232:7, 232:9,
251:4, 257:25,
270:25, 281:21,
289:24, 290:25,
294:4
two-page [1] - 206:4
two-thirds [5] -
188:14, 188:17,
188:24, 189:3, 189:7
two-year [1] - 191:10
type [3] - 238:2, 238:6,
269:14
types [2] - 236:3,
237:24
typical [1] - 250:10
typically [3] - 250:13,
250:14, 260:8
U
U.S[3] - 164:5,
165:16, 256:22
ultimate [3] - 168:12,
172:14, 281:7
ultimately [8] -
171:18, 174:11,
174:16, 176:6,
188:21, 189:1, 242:8
unanimous [3] -
181:17, 188:5, 188:7
unanimously [1] -
169:10
unclear.. [1] - 216:20
under [23] - 175:4,
176:13, 179:25,
180:1, 194:13,
197:17, 209:2,
213:7, 219:20,
224:2, 231:7, 234:2,
235:3, 244:8,
253:10, 259:4,
261:10, 261:18,
261:23, 262:6,
262:19, 273:16
underlined [2] -
249:16, 250:2
understood [6] -
186:14, 186:23,
249:1, 272:5,
282:16, 282:17
undertaken [2] -
231:23, 232:17
undisclosed [2] -
213:9, 213:14
unfortunately [3] -
182:11, 195:11,
294:23
uniform[1] - 280:8
uniformity [2] -
211:21, 255:18
uniformly [2] - 214:7,
241:20
Union [3] - 164:15,
164:19, 165:1
unit [1] - 223:6
united [1] - 174:14
UNITED [2] - 163:1,
163:6
United [4] - 190:3,
252:22, 293:20,
296:1
unless [19] - 178:6,
180:4, 192:3, 211:4,
211:6, 212:22,
213:16, 214:4,
225:15, 236:8,
267:11, 275:11,
275:16, 275:24,
277:8, 278:3, 281:8,
281:9
unlikely [1] - 265:3
unusual [2] - 189:7,
189:13
up [61] - 166:18,
169:6, 170:16,
172:5, 172:13,
176:15, 177:11,
177:18, 182:3,
183:11, 184:1,
184:13, 188:8,
188:13, 190:3,
190:24, 191:23,
192:19, 196:12,
203:18, 204:20,
205:24, 208:8,
210:19, 213:15,
323
216:23, 217:11,
217:16, 218:14,
219:19, 219:24,
221:3, 221:12,
221:13, 224:3,
226:1, 226:17,
228:25, 237:2,
241:12, 241:21,
244:23, 250:8,
255:16, 256:11,
256:22, 267:4,
268:6, 271:11,
271:13, 271:23,
272:6, 276:3, 279:5,
283:22, 285:18,
288:17, 289:3,
289:18, 295:3, 295:7
update [4] - 204:9,
204:10, 251:16,
289:9
updated [5] - 206:25,
207:10, 207:11,
207:16, 240:7
updating [1] - 212:5
uphold [1] - 273:20
USC[2] - 273:22,
282:6
user [1] - 252:3
users [1] - 252:5
V
valid [26] - 207:19,
207:24, 208:13,
219:16, 219:18,
219:21, 220:3,
243:8, 243:19,
243:21, 244:8,
244:9, 244:20,
245:6, 245:9, 247:6,
247:7, 247:11,
247:12, 249:4,
249:24, 267:10,
275:16, 276:25,
289:22, 290:20
validity [3] - 235:4,
244:24, 249:2
vantage [1] - 203:13
variety [1] - 202:19
various [4] - 197:10,
198:15, 202:6, 250:9
vehicle [3] - 180:19,
181:18
Vehicles [5] - 208:4,
209:8, 237:8,
244:10, 263:14
VELANDY [1] - 164:3
vendor [4] - 209:23,
209:25, 210:4,
240:23
08/28/2012 10:15:12 PM Page 324 to 324 of 325 58 of 59 sheets
version [11] - 172:4,
172:10, 172:21,
174:25, 193:10,
194:10, 195:1,
195:12, 211:24,
212:2
versions [2] - 193:19,
194:4
view [12] - 166:20,
176:3, 176:4,
193:19, 194:10,
194:11, 224:2,
224:8, 230:1,
241:19, 267:18,
291:2
violate [1] - 286:2
violating [1] - 283:20
violations [1] - 254:16
visible [1] - 223:2
volunteer [3] - 192:1,
234:7, 234:9
vote [87] - 167:5,
167:20, 169:15,
170:3, 170:24,
171:14, 171:21,
173:20, 173:24,
174:14, 174:19,
174:21, 174:22,
175:14, 175:20,
177:2, 178:11,
179:3, 179:16,
179:25, 182:23,
183:14, 184:3,
188:14, 188:17,
188:22, 188:24,
188:25, 189:7,
189:18, 191:23,
191:24, 192:20,
192:22, 194:7,
200:19, 202:25,
203:2, 209:1, 210:9,
210:16, 211:6,
212:24, 214:2,
214:3, 214:4, 217:9,
224:2, 224:4, 224:6,
224:9, 224:20,
226:22, 227:5,
227:21, 228:12,
230:7, 238:17,
238:19, 242:14,
242:16, 242:19,
245:19, 245:20,
251:15, 251:16,
260:23, 261:2,
261:18, 262:15,
271:6, 271:15,
272:11, 272:13,
274:6, 274:9,
279:10, 280:10,
282:5, 284:6,
285:18, 285:21,
288:16, 288:17,
288:23, 289:3
Vote [2] - 245:24,
247:19
voted [9] - 167:25,
191:15, 191:17,
193:8, 194:2, 195:1,
195:12, 195:13,
226:22
Voter [6] - 202:12,
202:15, 206:20,
212:3, 247:21,
250:21
voter [197] - 166:10,
170:5, 173:10,
173:17, 173:23,
175:14, 178:5,
180:22, 183:11,
183:20, 184:3,
185:25, 191:18,
192:23, 193:4,
199:2, 199:5, 199:6,
199:7, 199:9,
200:11, 200:24,
201:1, 201:9,
201:21, 202:5,
202:7, 202:10,
202:17, 202:20,
202:21, 203:5,
203:10, 203:14,
203:16, 203:20,
204:2, 204:4, 207:1,
208:5, 208:17,
208:18, 208:24,
208:25, 209:10,
209:11, 210:14,
210:15, 210:19,
210:22, 211:18,
212:10, 212:15,
213:3, 213:17,
213:25, 214:14,
214:20, 214:25,
216:18, 217:8,
218:13, 218:21,
219:20, 219:24,
220:1, 220:3,
220:11, 221:13,
221:21, 222:12,
222:25, 223:17,
224:2, 224:17,
224:19, 224:24,
226:21, 227:23,
232:1, 233:3,
233:12, 234:13,
234:16, 235:8,
237:10, 238:1,
239:19, 239:20,
239:21, 239:22,
240:1, 240:3,
240:11, 241:2,
241:12, 243:6,
245:17, 245:20,
245:21, 246:7,
246:15, 247:2,
247:8, 247:23,
248:19, 250:10,
250:12, 250:22,
251:17, 256:3,
256:12, 257:10,
258:3, 258:6,
258:19, 259:6,
259:15, 259:22,
260:20, 260:23,
261:3, 261:6, 261:7,
261:15, 261:20,
261:23, 261:24,
262:2, 262:4, 262:8,
262:10, 262:19,
262:20, 262:23,
263:2, 263:24,
264:16, 264:17,
264:19, 267:4,
268:15, 268:22,
269:6, 269:11,
269:15, 269:16,
269:19, 269:20,
269:22, 270:12,
271:11, 271:13,
271:23, 272:2,
272:7, 272:24,
273:3, 273:5, 274:2,
274:8, 275:2,
275:22, 275:24,
276:8, 277:3,
277:15, 277:17,
278:1, 278:8,
278:10, 278:14,
278:20, 278:25,
279:2, 279:25,
280:25, 281:20,
281:25, 282:12,
282:24, 283:6,
283:19, 286:13,
286:14, 286:23,
287:6, 291:2,
291:18, 291:20,
291:24, 294:9
voter's [7] - 219:17,
219:18, 219:22,
267:9, 276:6, 277:6,
281:18
Voters [1] - 231:21
voters [57] - 167:22,
168:2, 168:10,
170:21, 184:3,
189:24, 190:11,
190:16, 190:20,
192:14, 195:14,
201:5, 201:7,
201:23, 202:24,
216:8, 216:11,
216:15, 216:21,
218:8, 219:11,
220:20, 221:10,
221:15, 221:21,
222:17, 222:19,
222:25, 226:15,
237:4, 238:16,
241:25, 247:8,
248:13, 248:16,
248:23, 248:25,
256:8, 257:11,
257:22, 258:4,
258:5, 258:6, 261:2,
263:4, 263:12,
269:25, 270:4,
276:24, 280:9,
281:24, 286:1,
288:1, 288:5, 292:1,
292:4
votes [7] - 182:22,
187:10, 188:20,
189:2, 189:5,
194:12, 194:21
voting [66] - 169:10,
169:11, 170:11,
170:16, 170:17,
170:18, 170:20,
170:23, 172:1,
172:14, 174:2,
174:6, 174:7,
176:11, 178:5,
178:6, 178:20,
178:24, 179:1,
179:2, 179:5,
180:12, 180:15,
180:21, 181:8,
181:14, 181:18,
181:20, 182:6,
182:18, 184:8,
186:15, 186:16,
186:21, 186:23,
186:24, 187:6,
192:13, 193:18,
193:19, 193:23,
193:25, 195:2,
195:8, 195:23,
200:12, 222:24,
232:14, 243:21,
244:3, 248:3, 248:9,
248:21, 250:21,
250:25, 286:18,
287:10, 287:11,
287:12, 287:15,
288:9, 288:11,
288:13, 288:21,
288:23
Voting [3] - 164:6,
176:13, 184:11
vs [1] - 163:5
324
W
wait [1] - 283:13
waiting [3] - 288:16,
288:17, 292:6
walk [2] - 187:15,
272:9
walk-out [1] - 187:15
walked [1] - 248:19
wants [3] - 187:9,
194:20, 269:22
wash [3] - 278:8,
278:10, 278:19
Washington [8] -
163:4, 163:18,
164:7, 165:3, 165:6,
165:14, 165:17,
168:21
watch [2] - 273:22,
282:6
watcher [1] - 267:15
watchers [2] - 241:23,
245:4
WAYNE [4] - 297:3,
297:6, 301:3, 301:6
Wayne [1] - 165:15
ways [2] - 189:13,
189:16
week [1] - 294:18
weekend [1] - 175:19
weeks [7] - 210:5,
210:6, 217:13,
226:10, 240:23
welcome [3] - 168:21,
252:15, 270:18
Wendy [1] - 257:6
Whitmire [6] - 259:17,
289:17, 289:19,
289:25, 290:19,
290:20
whole [4] - 193:2,
279:4, 285:15,
285:16
willing [5] - 231:17,
246:20, 274:6,
292:6, 294:19
WILSON [1] - 163:22
wind [1] - 285:20
withdrawn [1] - 284:9
witness [10] - 166:5,
196:8, 231:8,
233:10, 252:17,
252:18, 252:22,
283:3, 292:13, 295:8
WITNESS [75] -
185:15, 196:13,
206:10, 214:21,
215:7, 215:10,
215:15, 216:7,
59 of 59 sheets Page 325 to 325 of 325 08/28/2012 10:15:12 PM
216:21, 217:7,
217:14, 219:24,
221:6, 221:10,
221:13, 221:23,
222:4, 224:7,
224:10, 224:14,
224:21, 225:5,
225:14, 225:21,
225:25, 226:12,
226:25, 227:7,
227:11, 227:20,
227:23, 228:6,
228:10, 228:19,
228:22, 228:25,
230:3, 230:13,
230:15, 233:20,
234:1, 234:4, 238:7,
241:16, 242:1,
242:5, 242:11,
242:17, 242:23,
243:5, 243:11,
243:23, 244:9,
244:16, 244:21,
245:8, 245:13,
247:1, 252:15,
261:12, 267:4,
267:22, 270:18,
279:19, 280:15,
280:21, 280:25,
281:3, 290:10,
291:4, 291:13,
291:19, 291:25,
292:12, 300:2
witnesses [1] - 176:16
Women [1] - 231:21
word [10] - 169:5,
192:4, 222:14,
223:14, 223:15,
224:25, 249:24,
250:2, 281:6, 286:24
worded [1] - 176:8
wording [1] - 170:16
words [9] - 167:12,
177:9, 228:3,
241:11, 242:21,
275:8, 277:14,
281:9, 288:6
worker [4] - 204:6,
213:21, 217:1, 233:1
workers [4] - 232:24,
247:6, 248:25
workforce [1] - 176:22
works [2] - 275:1,
289:19
wound [1] - 295:3
wrap [1] - 250:8
write [3] - 213:21,
272:12, 275:2
written [3] - 213:10,
282:9, 296:5
325
X
x113 [1] - 165:4
Y
year [17] - 171:7,
172:2, 172:15,
172:20, 191:10,
193:10, 203:6,
215:18, 215:20,
226:15, 250:10,
250:23, 251:5,
255:14, 268:16,
268:23, 289:23
years [22] - 167:2,
171:6, 172:1, 178:8,
185:4, 187:18,
197:2, 197:3,
197:10, 197:11,
201:21, 204:11,
206:25, 240:11,
247:21, 253:6,
269:1, 269:2, 269:7,
287:3, 288:3, 289:24
York [3] - 164:13,
165:10, 165:13
Z
zero [1] - 286:24
zooming [1] - 190:10

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