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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

163

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA
STATE OF SOUTH CAROLINA,

J. GERALD HEBERT, ESQUIRE


The Campaign Legal Center
215 E Street, NE
Washington, DC 20002
(202) 736-2200

CA No. 12-203
Washington, DC
August 28, 2012
1:38 p.m.

Plaintiff,
vs.
UNITED STATES OF AMERICA, ET AL.,

DAY 2 - PM SESSION

Defendants.
_________________________________

Pages 163 thru 325

MIMI MARZIANI, ESQUIRE


Brennan Center for Justice
161 Avenue of the Americas
12th Floor
New York, NY 10013
(646) 292-8327

TRANSCRIPT OF TRIAL
BEFORE
DISTRICT JUDGE COLLEEN KOLLAR-KOTELLY
CIRCUIT JUDGE BRETT M. KAVANAUGH
DISTRICT COURT JUDGE JOHN D. BATES

MARK A. POSNER, ESQUIRE


Lawyers' Committee for Civil
Rights
1401 New York Avenue, NW
Suite 400
Washington, DC 20005
(202) 662-8389

APPEARANCES:
For the Plaintiffs:

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

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

H. CHRISTOPHER COATES, ESQUIRE


934 Compass Point
Charleston, SC 29412
(843) 609-7080
ALSO PRESENT:

ALAN M. WILSON
Attorney General South Carolina
BRYAN STIRLING
Deputy Attorney General
South Carolina
KARL S. BOWERS, ESQ.

Proceedings recorded by mechanical stenography; transcript


produced by computer-aided transcription.
For the Defendants:

For Defendant Intervenors:

164

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
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

166

01:38PM

HON. COLLEEN KOLLAR-KOTELLY: Good afternoon,

everyone. All right. We'll resume the testimony of Lieutenant

Governor Glenn McConnell with Mr. Potenza.

(The witness resumes the stand.)

01:38PM

01:38PM

01:39PM

01:39PM

1 of 59 sheets

PROCEEDINGS

EXAMINATION CONTINUED

BY MR. POTENZA:

Q.

Good afternoon, Lieutenant Governor.

A.

Good afternoon.

10

Q.

Lieutenant Governor, when you were considering voter

11

identification legislation during the 2009 through 2011 time

12

frame, did you consider the impact on racial minorities of a

13

photo identification requirement?

14

A.

15

For me it was just an issue of the reliability, the confidence

16

in the ballot. So I'm assuming the question's based on my

17

having supported the bill or being a cosponsor or whatever.

18

Those issues or allegations would come up in debate, but I felt

19

like the Senate addressed them with our compromise amendment.

20

Q.

21

compromise amendment?

22

A.

23

everybody for it, including those who had raised issues -- but

24

we included outreach, we included education, we included

25

creating a list of those who didn't have the ID, the ability to

Page 163 to 166 of 325

I have to speak for myself personally as I approached it.

How in your view did the Senate address them with your

Well, the proof is that most everybody was for it. So with

08/28/2012 10:15:12 PM

167
get them without cost. My recollection of the bill, of course

Q.

it was several years ago, was to transition in.

Governor, Ms. Amdur is passing you a copy of your deposition in

case we get to it.

3
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So nothing's perfect, but I felt like we weren't leaving

anyone behind. And then we also went in and created, where

there's a challenged ballot, they could vote a provisional

ballot, and there was the affidavit on the reasonable

And I think you mentioned -- I'm sorry, Lieutenant

I think you told us that you played a critical role, and if

I may be permitted to add the word commendable role in trying to

bring both sides together and to come up with a compromise bill?

impediment. So I felt like everybody seemed comfortable with

A.

all of that; that was what was in the compromise amendment.

would do to try to bring the sides together.

Q.

Q.

01:42PM

Were those provisions that you just described, were those

There was an institutional role that the president pro tem

In this amendment that you talked about that the Senate

10

also in the act that was presented to the governor for

10

unanimously adopted with African American members voting in

11

signature?

11

favor of it and Democrats voting in favor of it, it had a

12

A.

12

broader list of acceptable photo IDs than R54 does; is that

13

or not, I can't say. But yes, we put the outreach, the

13

right?

14

education, the provisional ballot, the reasonable impediment.

14

A.

It did.

15

All of that was in there along with we had refined the

15

Q.

What it allowed people to do to vote with a photo ID was to

16

severability clauses and things like that.

16

show any state or federal employee, including IDs issued by

17

Q.

17

political subdivisions. Is that right?

18

signature?

18

A.

19

A.

Yes.

19

source of debate. I don't know -- it was in and it was back

20

Q.

And Lieutenant Governor, did you support or vote for Act

20

out, but I do know the state IDs, the county and municipality I

21

R54 or any predecessor legislation with any purpose to

21

can solidly testify to. We had some shifting back and forth

22

discriminate against minority voters?

22

about public service districts and whether they would produce a

23

A.

No. There was no intent to discriminate.

23

reliable one or not.

24

Q.

Do you have any reason to believe that any of your

24

Q.

25

colleagues in the Senate supported or voted for Act R54 or any

25

believe is the compromise amendment, if we can call it that. On

01:43PM

They were in there. Whether they were in the exact words

01:43PM

Was that Act R54 that was presented to the governor for

01:43PM

01:44PM

That was the best -- the political subdivisions became a

Let me show you Defendant-Intervenor's Exhibit 55, which I

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01:41PM

predecessor legislation with any purpose to discriminate against

page 867, I think we can actually take a look over here,

minority voters?

Lieutenant Governor, that here's the provision I was just

A.

talking about. That it would have permitted people to vote by

reflected that kind of intent.

showing "an employee identification card containing a photograph

Q.

of the voter which is issued by the federal government, this

isn't that right?

state or a political subdivision of this state."

A.

That is correct.

Q.

Do you have any reason to believe that the governor signed

A.

Act R54 with any purpose to discriminate against minority

reflection of it, yes, sir. I knew it was in and out; it

I don't recollect any conversations or debate that

And Act R54 was presented to the governor for signature;

10

voters?

11

A.

12

ultimate answer would be from her.

13
14
01:41PM

01:44PM

Well, I have no reason to believe that. I guess the

MR. POTENZA: Thank you very much. No further

HON. COLLEEN KOLLAR-KOTELLY: All right. Department

01:45PM

of Justice or Mr. Beeney? Go ahead.

17

01:42PM

01:44PM

questions at this time.

15
16

01:42PM

170

Does that refresh your recollection?


Yes. Once I see that document, that would be an accurate

10

just -- some of the stuff starts to run together.

11

Q.

12

a chance to get to the polls and rectify problems if they had

13

them?

14

A.

15

recollection is we were trying to get two Saturdays in there for

16

early voting, and trying to come up with the wording on that,

And it also permitted early voting so that folks would have

Well, we wanted it for convenience. We were trying -- my

17

but early voting, we wanted it because one thing it would do --

18

BY MR. BEENEY:

18

we got some early voting now with absentee voting, but we're

19

Q.

Good afternoon, Lieutenant Governor.

19

not -- people might, to avoid the lines, kind of meet the

20

A.

Good afternoon, sir.

20

criteria. So we felt like if early voting is a convenience to

21

Q.

Good to see you again. Welcome to Washington.

21

the voters and would increase participation, why not?

22

A.

Thank you.

22

Q.

23

Q.

Lieutenant Governor, you told us that photo ID was

23

voting, you also gave people time to get the IDs that they would

24

contentious, correct?

24

need before you required them to vote in this compromise

25

A.

25

amendment, right?

EXAMINATION

That is correct. It got very contentious.

08/28/2012 10:15:12 PM

01:45PM

01:45PM

Page 167 to 170 of 325

And in addition to this broader list of IDs and early

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A.

173

tried to convince Representative Clemmons and the House members

people time. One of my concerns is transition in, not leave

about all these issues, but they just wouldn't budge. Is that

people behind, give them a reasonable opportunity.

right?

Q.

A.

I think in the amendment you didn't require photo IDs for two

Scott and myself, and we tried to sell them.

years, and you said to the State Election Commission, issue the

Q.

photo IDs for a year before we require them. I think that was

was, clean bill, clean bill, clean bill?

in the amendment. Does that ring a bell?

A.

A.

Senator Scott or Senator Campsen pinned them down, we just want

That is correct. We were trying to make sure that we gave

And that was the reason, because if you gave people -- and
01:49PM

Because we were back in, what was it, 2010 then, and

We did. There were three of us, Senator Campsen, Senator

And no matter what sense you talked to them, the response

Every time, in my opinion, that I pinned them down or that

10

looking toward to 2012. We were trying to transition in.

10

a clean voter ID bill.

11

That's where we were headed in the Senate.

11

Q.

12

Q.

12

clean bill in the first place?

13

you didn't want to leave people behind and not allow them to

13

A.

14

vote?

14

on the Senate floor.

15

A.

15

Q.

Senator Scott is a friend of yours?

16

president pro tem I have people in my ear and I'm in and out,

16

A.

Yes. I consider him a friend.

17

but I recall concern about those who didn't have the IDs, and

17

Q.

And Senator Scott felt passionately about voter ID?

18

ultimately we crafted the language we thought allowed the

18

A.

He did.

19

transition.

19

Q.

And he spoke on the Senate floor about the long fight for

20

Q.

20

minorities to get the vote. Do you recall that?

21

weren't left out of the process and could vote and get the IDs

21

A.

Repeat that? I'm sorry.

22

they needed.

22

Q.

Do you recall Senator Scott talking on the Senate floor

23

A.

23

about voter ID and the big fight that minorities had to get the

24

we weren't trying to disenfranchise anybody.

24

vote in South Carolina?

25

Q.

25

A.

01:49PM

And the reason you were trying to transition in is because

I recall -- again let me preface it by saying that as

01:49PM

And the purpose of the transition was so that people

01:50PM

Yes, sir. The concerns were expressed to make sure that --

All the provisions we just talked about, the broader list

01:50PM

I think you already told us you never thought it was a

No, I did not think it was. And I said that very strongly

I remember him talking on the floor raising concerns and

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of IDs, the early voting, the two years before you had to show

everything. If it was that specific thing. But I know he was

the ID, the one year that you could take to get the ID, all that

talking about his concern about voting rights.

was cut out by the House.

Q.

A.

committee where you just couldn't get any of this out of the

along. It was details like that that we started getting hung up

House, that Senator Scott asked you to hold out?

between the two chambers.

A.

Q.

And none of that's in R54.

and early voting wasn't in the cards. But he did. He asked me

A.

In R54 we put in the language about the education, the

to hold out and just not sign the report.

outreach, but a conference committee is confined to the House

Q.

In the last version of it, yeah, yes, sir. They did not go
01:50PM

And do you remember when you got to the conference

He told me he would not sign a report without early voting,

But you really couldn't hold out because even if you wanted

10

version and to the Senate version and nothing in between. You

10

to, it just wasn't a political option, was it?

11

have to take from one of the two bills.

11

A.

12

Q.

What I mean is that in R54, none of these measures we've

12

have to represent the majority of the body. And the political

13

just talked about that were in the compromise amendment ended up

13

heat was on. I was crippled going into conference by the

14

in the ultimate law. I mean, there's no early voting, there's

14

divided vote on concurrence, instead of having a united front.

15

no employee ID, there's no transition period, there's no year to

15

The House knew that we had a divided house on the Senate side,

16

get your photo ID card. None of that's in R54, is it?

16

and it was not ultimately a political option either. And time

17

A.

17

was running out. If I had held out, it would have pushed it

18

left the language in about the outreach, the list, those sorts

18

behind the budget, and then anybody could have killed it, and

19

of things. But my memory is when I looked at that previous

19

the rest of the Senate would have never had a chance to vote on

20

document that the next year we dropped political subdivisions in

20

it.

21

our version of the bill and went with just state and local

21

Q.

22

governments, which would be municipalities and counties. So

22

back to the concur vote before you got to the conference. As I

23

that, I think we tweaked that in the Senate.

23

understand it, in the final bill, the 3003, before it went to

24

Q.

24

conference, you basically had a choice in the Senate: Either

25

the conference committee over 3003 and what led to R54, you

25

concur in the House version, which had stripped out all these

3 of 59 sheets

01:50PM

01:51PM

Not like it was in the previous one, in my opinion. We

01:51PM

When you got to conference committee about the final bill,


01:52PM

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A majority of the Senate wanted the bill, and ultimately we

You mentioned the concur vote, and I kind of want to go

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things, and then it would get sent to the governor, or

African Americans that would have a state employment ID and

nonconcur, and then it would go to the conference committee?

therefore could vote if that was included in the bill.

A.

A.

and they amend the Senate amendment, under parliamentary law the

their badges. I remember us arguing -- I could not understand

Senate cannot amend again. We either have to take it or go to

the objection to allowing state employees' IDs.

conference.

Q.

Q.

House refusal to accept state law enforcement IDs as just plain

to you was a bad bill, there was a lot of pressure on you to

dumb.

concur?

A.

That's correct. On the second bill, if it's a House bill

01:55PM

Even though you thought the House bill that had come back

10

A.

Tremendous amount of pressure on us.

11

Q.

And I think you told us that the pressure came, for

12
13
14

my county party. Just concur and vote for the clean voter ID

15

bill.

16

Q.

17
18
19

weekend.

20

Q.

21

If they were state employees, they would be able to use

You also, as I recall, took to the Senate floor to call the

I'll have to look at the exact words, but I know I was very

10

critical of it.

11

Q.

example, from Tea Party activists. Do you remember that?

12

R54, that came out of the meeting that you had in the president

A.

13

pro tem office when you were trying to reach the compromise

14

bill; isn't that right?

15

A.

16

much -- as I stated earlier, when you start getting two lawyers

even threatened with primaries if they didn't concur?

17

in a document, they kept trying to perfect the language.

A.

18

Q.

19

the reasonable impediment language?

20

A.

not to concur because of the promise you had made to the

21

they would proof it.

22

institution, and I think you called the effort to get you to

22

Q.

23

concur propaganda. Do you remember that?

23

impediment provision was their idea, that wouldn't be right,

24

A.

24

would it?

25

Senate debates. In my opinion, propaganda was being put out

25

A.

01:55PM

It came from there, it came from the party. I got it from

01:56PM

Do I recall that you told me once that some members were

I heard those rumors, yes, that -- it was not a happy

I think you took to the Senate floor to explain your vote

01:56PM

I probably did call it propaganda. I use that term in the


01:56PM

Now, the reasonable impediment provision that did end up in

That's my recollection of where all that was. We did so

And then you had Senate staffer Heather Anderson draft up

That's correct, based on what they were doing, and then

If someone from the House said that the reasonable

Well, my recollection is that the reasonable impediment

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there to the effect, or PR or whatever you want to call it, that

language was in the Senate. I'd have to see all the documents,

it was a clean bill when I knew it was not.

but that's my memory.

Q.

Q.

have already said this this morning. Your view was that the

together, you told Senator Campsen, who was the chair of the

compromise that had come out of the Senate was a better bill for

voting law subcommittee, that he won't get voter ID out of the

South Carolina than what ultimately got adopted?

Senate unless he also couples it with early voting?

A.

A.

confidence of the body. I thought it was better worded, more

over the years, if you want something, to get it, you need to

inclusive.

find out what other people want, and then ride together in the

And Senator, your view -- and I apologize because you may

01:57PM

I thought that our bill had bipartisan support, it had the

Now, do you remember when you were trying to bring people

I knew early on, and the reason is because I've learned

10

Q.

10

same cart.

11

early voting and the other things you mentioned, you thought

11

Q.

And you supported using state and federal IDs to vote?

12

that the compromise bill with bipartisan support had a better

12

A.

Yeah, I have no problem with it.

13

chance of being cleared under the Voting Rights Act than R54?

13

Q.

And you also thought that by showing a larger list of

14

A.

14

acceptable IDs that you would be showing that you're trying not

15

those things have to go up to Justice and I know there are

15

to disenfranchise people.

16

witnesses, and if everybody generally is pleased, who's going to

16

A.

17

testify against it?

17

the more support we got, and who could argue with that? The

18

Q.

18

House was something about who controls what in the production of

19

Clemmons and the House stripped out of the Senate compromise

19

the IDs as I recall. It was some argument to that effect.

20

bill. Let's take state employment IDs. When you and I last

20

Q.

And you supported early voting?

21

spoke, I think you agreed with me that the proportion of African

21

A.

Yes.

22

Americans in the state workforce was likely larger than the

22

Q.

Made sense to you?

23

proportion of African Americans in the state population?

23

A.

Made sense to me; still does.

24

A.

I believe that it is, yes.

24

Q.

And your district overwhelmingly supports early voting?

25

Q.

So that African Americans -- there would be a number of

25

A.

I believe that the people that I represent support early

And with the broader IDs and the transition period and the

01:57PM

I did, because I have been involved in reapportionment, and


01:57PM

Now, just to look at a couple of things that Representative

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I felt it was -- that signaled the more inclusive we were,

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voting, yes.

Q.

Q.

Representative Clemmons that he actually even had a bill pending

of the longest lines to vote in the country, doesn't it?

in his subcommittee. Do you remember that?

A.

That's been my experience. We have very long lines.

A.

Q.

And long lines can deter people from voting?

which he is, to my best knowledge, a member.

A.

In my opinion they can.

Q.

Q.

And you thought, didn't you, Lieutenant Governor, that this

Clemmons broke that promise because you never got an early

compromise bill that you put together, that it certainly

voting bill, did you?

addressed the goals of having a secure election system and one

A.

I never got it.

10

Q.

And you were disappointed by that.

11

A.

Yes.
And that bill that Representative Clemmons said that he had

And early voting would help because South Carolina has some

02:01PM

You were even told in the conference committee by

I was told, my recollection is, in the Judiciary Committee,

And the House broke that promise, or Representative

10

that people would have faith in?

11

A.

12

happy with.

12

Q.

13

Q.

13

in his House, as soon as the ink was dry on that conference

14

bill that you were able to put together, and you look at all

14

committee report, that early voting bill died in Representative

15

those things that the House took out, it almost makes it sound

15

Clemmons' subcommittee. Do you remember that?

16

like the House was trying to make it harder to vote. Is that --

16

A.

17

did you have that sense?

17

days afterwards. We, by unanimous consent, sent them another

18

A.

18

early voting bill, so they would have a vehicle.

19

to give us explanations, but the -- I felt that our bill was

19

Q.

20

superior and that we had a very good bill. Of course, the House

20

voting bill, the Senate sent him one; is that right?

21

and Senate don't see alike a lot. Even though we're in the same

21

A.

We sent him another one, yes, sir.

22

branch of government, that doesn't mean we're not competitive.

22

Q.

And you never heard about it again, did you?

23

Q.

23

A.

Never got it.

24

transition period and with the broader list of IDs that it would

24

Q.

Lieutenant Governor, let me move to another topic. I want

25

have been easier for people who don't have IDs to vote under the

25

to just go through with you, because we're fortunate enough to

02:01PM

I thought so. What we sent out of the Senate, I was very

If you look at all the things that were in the compromise

02:01PM

I didn't know what was on the House's mind until they tried

02:02PM

In any event, would you agree that it's clear that with the

02:02PM

Well, I'm not sure how it died. I know that it was several

So when he didn't stick by his promise and get you an early

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Senate compromise than under what came out of the House and

have some transcripts of what went on in the Senate as opposed

became R54?

to the House, and I just want to confirm with you a few things

A.

that came up during the course of the debates, if you remember

Unless somebody can give me a compelling reason not to be for

them.

that, it just felt like to me it was sound policy to be for

that.

raised the history of the state denying basic voting rights to

Q.

African Americans. That was a topic that was said; is that

of Representative Clemmons or the House, did you?

right?

A.

They didn't persuade me a bit.

A.

10

Q.

I want to go back to the conference, and you mentioned this

10

I've said before, because somebody is into my ear talking to me

11

a little bit when Mr. Potenza was asking you about the early

11

on something. It could be on that. Unfortunately, when you're

12

voting provision. You agreed to sign the conference report, but

12

chairman of the judiciary, president pro tem, you can't maintain

13

at the time you signed the conference report you thought that

13

attention all the time. You have to...

14

you'd gotten a promise from Representative Clemmons that they

14

Q.

Got a few things going on at once?

15

would deliver an early voting bill to the Senate.

15

A.

Yes, sir.

16

A.

16

Q.

The original multitasker? And some of the other things

17

it assurance. I felt I had an assurance. They had passed it in

17

that were discussed on the Senate floor were how you might try

18

the past, and he said we just would rather deal with it in a

18

to craft a bill that would comply with the voting rights

19

separate vehicle and we'll deal with it in a separate vehicle.

19

amendment?

20

So I felt like, based on that conversation, that I had an

20

A.

There was discussion about that, yes, sir.

21

assurance that they would send us early voting, and I went

21

Q.

And there was also discussion about whether photo ID

22

forward with the voter ID.

22

requirements would chill people's votes and leave them behind so

23

Q.

23

they couldn't vote?

24

report?

24

A.

25

A.

25

may have been tuned out at that particular time on that item.

5 of 59 sheets

In my opinion, the larger the list, the more IDs there are.

02:02PM

You certainly didn't hear any compelling reasons coming out

02:02PM

02:03PM

I felt like -- call it a promise or assurance. I'll call

02:03PM

And on that basis you signed the conference committee

That is correct.

02:03PM

Page 179 to 182 of 325

During the Senate debate over photo ID, some Senators

There was discussion on that. I was tuned in and out, as

I don't recall specifically that. It was a lot. Again, I

08/28/2012 10:15:12 PM

183

02:04PM

02:04PM

Q.

bill had the best chance of getting approval. I think to lose

that issue, Lieutenant Governor. If you turn to your deposition

provisions in the Senate bill went in the wrong direction."

on June 14, which I think was the first one. We had a number of

And the Senator from Lexington said to you, "Knowing you

goes at you, didn't we? And if you turn to page 50. And if

and your straightforwardness in the past 10 years, your answer

you're there on page 50, on line 20. Let me take the question

is no." Do you remember that?

above that on line 17. Do you see that, Lieutenant Governor?

A.

A.

On retrogression?

question. And that's an accurate -- that's what I told him. I

Q.

Yes. That's exactly where I wanted. Starting on line 17

still go to that. I thought our bill was a superior bill. I

over on the left there, the question was asked by Ms. Baldwin:

hated to lose the provisions we lost, and we had bipartisan

10

"Are you aware of whether the concept of retrogression was

11

brought up during the debate on any of the voter ID laws?"

12

02:04PM

02:05PM

02:07PM

02:07PM

And you say, "I do not recall anything regarding specific

Yes, sir. I do remember him trying to ask me that

10

support and we had biracial, philosophical, I mean, who was to

11

complain? I don't know how you could object when everybody was

12

on the same script.

13

districts and retrogression. There was debate about whether or

13

14

not everybody was going to have the opportunity to vote and

14

15

whether or not some people were going to be left behind."

16

02:05PM

185

Let me just see if I can refresh your recollection about

MR. BEENEY: Thank you, Lieutenant Governor. And


thank you for all your efforts on this.

15

THE WITNESS: Thank you.

Does that refresh your recollection?

16

HON. COLLEEN KOLLAR-KOTELLY: All right. Department

02:08PM

17

A.

Yes, sir. That's accurate.

17

18

Q.

And there was some talk about whether people had access to

18

19

automobiles and transportation to get to where they'd have to go

20

to get a voter ID?

21

A.

22
23
24

number of people who may be elderly were born at a time in South

25

Carolina when they probably didn't have a birth certificate?

of Justice.
EXAMINATION

19

BY MS. BALDWIN:

20

Q.

21

Justice. It's good to see you again, Lieutenant Governor

Who made them, I can't say.

22

McConnell.

Q.

23

A.

Same here.

24

Q.

I'd like to go back to the beginning of the process on

25

voter ID for a few minutes. When you first talked with Senator

02:08PM

That is correct. I do remember there were some remarks.

Do you remember some discussion about the fact that a

02:08PM

Good afternoon. Anna Baldwin for the Department of

184

02:05PM

02:06PM

02:06PM

02:06PM

A.

Yes, sir. I remember somebody bringing that up.

Campsen when he was in the process of introducing S.334 and

Q.

And a number of members of the Senate made the argument

while that bill was pending, you became aware that there was

that voter ID was going to chill the vote of minority voters.

going to be strong opposition to that bill from the start.

A.

That argument was made, yes, sir.

Isn't that correct?

Q.

Lieutenant Governor, just kind of a last couple of

A.

questions. After the bill came out of the conference committee

early on, I became aware, some senators came to see me and told

and you signed the bill, getting a promise that you would get an

me of their strong feelings.

early voting bill, you then went back to the Senate. Do you

Q.

recall the Senator from Lexington at that point in time asked

American senators, Senator Jackson and possibly some others?

10

you whether the bill that became R54 was going to pass the

10

A.

11

Voting Rights Act?

11

recollection. Was everybody there? I can't say for sure. But

12

A.

I do recall, it was Senator Jakey Knotts.

12

it was the African American senators came to see me as president

13

Q.

Do you remember exactly what you said? Let me put it up

13

pro tem.

14

for you.

14

Q.

15

A.

15

concerned that voting would be chilled by an ID requirement, and

16

I thought that the Senate bill had the better chance,

16

specifically they were concerned about chilling the voting of

17

essentially.

17

African Americans from their districts?

18

Q.

18

A.

19

through 30, and you'll see the Senator from Lexington said to

19

they communicated to me was they were opposed to the bill, they

20

you, "Senator, thank you for all the work that the conference

20

felt like it would chill it, that they wanted -- strongly wanted

21

committee did on this, but with all that you've done, do you

21

early voting.

22

think this bill will pass the Justice Department?"

22

Q.

23

understood that the chilling of voting they were concerned about

24

likely had to do with minority voting?

25

A.

23
02:07PM

186

02:08PM

02:09PM

Yeah, because I believe -- he asked me that and I told him

02:09PM

This is Defendant-Intervenor's Exhibit 189 at JA6529

02:09PM

And here's the answer you gave, Lieutenant Governor. "I'm

24

going to defer an answer on that. I'll talk with you privately

25

on my opinion on that. I will say this. I thought the Senate

08/28/2012 10:15:12 PM

02:10PM

Page 183 to 186 of 325

Yes. But it was exactly when he was drafting it. But

And the senators who came to speak with you were African

There were several, yes. There was more than two is my

You understood from that conversation that they were

From their districts, now, I can only tell you that what

And knowing the districts that they came from, you

Well, they communicated that. I didn't have to assume

6 of 59 sheets

187

02:10PM

02:10PM

02:10PM

02:11PM

02:11PM

189

that. They communicated it was minorities.

The second one got -- the second time, the bill that ultimately

Q.

And you relayed those concerns to Senator Campsen, correct?

became the law, that bill failed to get special order votes by

A.

I did.

the two-thirds, and that one was moved, my recollection, by

Q.

And you explained to Senator Campsen that given those

Senator Martin, through the rules committee slot to special

concerns and the opposition that was going to occur, that early

order, and got the 24 votes.

voting would likely be the only way that the bill would be

Q.

passed through.

be fairly unusual to have a two-thirds vote fail and then have

A.

to move to the normal -- excuse me -- to move to the 50 percent

what everybody wants, you put it together, and you get the

majority rule?

02:13PM

I gave him the advice that was given to me. You realize

10

votes.

11

Q.

12
13
14

yes.

15

Q.

16

Legislative Black Caucus during consideration of that bill?

17

A.

18

Q.

19

that has ever occurred in the state Senate?

20

A.

21

If that had occurred on the first bill as well, would that

10

A.

11

divided on a partisan basis or regional basis or something. If

in the House at that time. That's correct?

12

you don't have a special order, you can't get to a contested

A.

13

bill except through some other very unusual ways to do it. So

14

if you've got a contested bill, you've got to do it either

15

through the two thirds route by any member or through the rules

16

committee. It's got to be one of those two ways.

I saw it in the newspaper.

17

Q.

During your more than 30 years in the Senate, nothing like

18

where a bill had first failed to get a two thirds vote and then

19

later had to get special ordered by majority.

20

A.

No, I couldn't recall any specific ones.

of that left.

21

Q.

Lieutenant Governor McConnell, around the time on 3418 when

22

Q.

22

the bill was in the special order process, do you recall that

23

recall that it was referred to the Judiciary Committee and there

23

the Senate was sent some data from the State Election Commission

24

was a minority report put on 3418?

24

on ID possession rates for registered voters?

25

A.

25

A.

02:13PM

While S.334 was pending in the Senate, you had H.3418 over

It's the first bill, H.3418. That was over in the House,

And you became aware that there had been a walk-out of the

No. Senate is based on collegiality. We've still got some

02:14PM

02:14PM

When H.3418 was passed and came over to the Senate, you

That is correct.

02:14PM

That mechanism is put in there when the Senate is deeply

And at deposition you couldn't recall another instance

I recall it was a sheet of it, or sheets, and it was out on

188

02:11PM

02:11PM

02:12PM

02:12PM

02:13PM

190

Q.

the floor. Somebody put it out on the desk. It was out there

opposition?

in front of the senators.

A.

Q.

it's a contested bill, because a minority report cannot be

e-mail that you recall being sent around providing some of that

removed except by unanimous consent of the body after that

State Election Commission information that was sent to the

report is out.

ALLSENATE e-mail address?

Q.

A.

other way to take up a bill with a minority report would be

see is the cover sheet here to the e-mail, but yeah, this is it.

through a special order. Is that correct?

Q.

And a minority report would be a signal of strong

Yes. If a Senator puts a minority report on, it's a signal

02:15PM

So because of that need for unanimous consent, the only

If we could pull up United States Exhibit 201. Is this the

If this is the one that has how many don't have IDs. All I

We can go to the last page of this exhibit. If we can

10

A.

10

start at the top of the document, zooming in. This, "Registered

11

me respond by telling you, the normal route's yes, the special

11

voters without DL or ID by race," is this the document that you

12

order.

12

recall --

13

Q.

13

A.

I recall having seen that document, yes.

14

special order by the two-thirds vote, that failed. Is that

14

Q.

If we could scroll down to the bottom of the document, all

15

right?

15

the way. Do you recall that there was discussion of the total

16

A.

16

number of registered voters who lacked ID being 178,175?

17

got a regular two-thirds vote on a special order at some point

17

A.

18

there. It may have been one or two attempts before it was

18

amount.

19

gotten, but there was strong opposition to it.

19

Q.

20

Q.

20

163,000 of those voters were nonwhite?

21

the bill ultimately got a special order, and ultimately that

21

A.

Somebody mentioned it, I'm sure.

22

special order was by majority vote.

22

Q.

As I recall your deposition testimony, you receiving this

23

A.

23

information didn't affect your position on ID. You had already

24

is got a two-thirds vote. The key in a special order is to get

24

made up your mind on the issue?

25

the right mix of senators on the floor at the time of the vote.

25

A.

7 of 59 sheets

Well, that's the -- there are tricks in the rules, so let

02:15PM

And so on H.3418, the first time that it was put up for a

02:16PM

It may have. I know it got moved for special order, and it

And so there had to be multiple special order votes before

02:16PM

Not the first bill. The first House bill, my recollection

02:16PM

Page 187 to 190 of 325

I knew it was 150, 160, 70, I couldn't remember the exact

And there was also discussion on the floor of the fact that

Well, I was for IDs. I didn't consider anything other

08/28/2012 10:15:12 PM

191

02:17PM

02:17PM

02:17PM

02:18PM

02:18PM

193

than -- when I endorsed the bill, other than I thought it would

Q.

enhance the integrity and reliability of the ballot. But when

wasn't the General Assembly as a whole that got blamed. It was

this information came to light, we accommodated this information

really the Senate that got blamed the first time around when

by the things that we put into the bill so that these folks

voter ID hadn't passed?

wouldn't be left behind. The education, the outreach, all the

A.

Senate got blamed.

different things that I thought took care of many of these

Q.

So the pressure in the second session was really focused on

problems.

the Senate and particularly some of your Republican colleagues

Q.

And there were other provisions that you spoke to

who hadn't voted to end the filibuster previously.

Mr. Beeney about that also were aimed at taking care of the

A.

02:20PM

And it was really the political pressure -- to be clear, it

It was a priority of the caucus, as I recall. That's why

10

problems, like the broader ID list, the two-year period before

10

it was S.1 that year, the Senate version; it was prefiled. And

11

the ID went into effect, and those things were taken out of Act

11

I sent it to the Judiciary Committee early, to the subcommittee.

12

R54?

12

And it was a priority.

13

A.

14

everybody who had any concerns about this, everybody but --

15

pretty much all but like two senators voted for the bill.

16

Q.

I want to jump ahead to the next session with H.3003.

16

BY MR. POTENZA:

17

Senator McConnell, when you voted to nonconcur on H.3003, that

17

Q.

18

didn't mean that you were no longer in favor of a voter ID

18

spoke I think about the purposes of early voting. What in your

19

requirement, correct?

19

view was the purpose of early voting in the versions of the

20

A.

20

photo identification legislation that you had favored in the

21

reasons.

21

Senate?

22

Q.

As an ID supporter, you had strategic reasons for the way

22

A.

What? I'm sorry.

23

that you cast your vote, even though it's an up or down, yes or

23

Q.

What were the purposes of the early voting provisions that

24

no vote, on whether to have an ID requirement.

24

were included in the legislation favored by the Senate?

25

A.

25

A.

02:20PM

My recollection, once we put all of that in there,

02:21PM

No, I was in favor of it, but I nonconcurred for several

Not strategic reasons. I had given -- why would I

02:21PM

02:21PM

13

MS. BALDWIN: Thank you, Lieutenant Governor.

14

HON. COLLEEN KOLLAR-KOTELLY: Redirect.

15

EXAMINATION

Hello, Lieutenant Governor. Lieutenant Governor, you just

Well, the purpose was to make voting more convenient and to

192

02:18PM

02:19PM

02:19PM

02:19PM

02:20PM

194

volunteer and agree to go into conference committee if we

allow participation. If you make it more convenient for the

weren't going to have a conference committee? You can't have a

public, maybe more people would have voted.

conference committee unless you nonconcur. So I felt the

Q.

obligation, number one, with my word to nonconcur. Secondly,

requirements in the versions of the legislation that were

the House bill in my opinion had problems in it. And thirdly, I

favored by the Senate?

did this on the immigration reform bill. Complex pieces of

A.

legislation shouldn't just be accepted like a hamburger flying

that the person who presented themselves to vote was in fact

across a fast food counter. They ought to be reviewed and

that person.

looked at. That's why I sent it to conference committee, as I

Q.

02:22PM

What were the purposes of the photo identification

Well, the purpose of it was the reliability, to make sure

Why were those two provisions included together in the

10

had done in the past.

10

Senate version of the bill in your view?

11

Q.

I guess I should explain a bit more what I meant by

11

A.

12

strategic. In light of the commitments that you had made and

12

debate rules. On third reading it takes 26 votes to take a

13

you felt that by voting that way you could get a better deal, a

13

Senator off their feet, which is to end the debate, and under

14

bill that you thought would be better for South Carolina voters.

14

our rule 15(a), immediately go to every amendment on the desk,

15

A.

15

it closes off all amendments, and that ends it.

16

the House bill. But yes, get a better bill by going to

16

So it's very easy, if you know the rules, with a strong

17

conference.

17

group you can block the majority. I've done it in the past.

18

Q.

18

You've got to get people to travel -- I learned from my

19

to get the best bill that you can where just a up or down, yes

19

predecessors the way the Senate operates, and you try to find

20

or no vote doesn't tell the full story of your opinion on that

20

out what everybody wants, and then you put it in the cart and

21

legislation.

21

get enough votes to move it forward. Then as president pro tem,

22

A.

22

I like to see the Senate act, and I've tried to run it -- I can

23

the clean voter ID. Concur, concur, concur. I did my best to

23

only speak for myself -- even though it became partisan, I

24

get as many senators as I could to nonconcur, and we were highly

24

really didn't want to go there with that. But I tried to run

25

criticized by some for it.

25

the Senate on a bipartisan basis.

02:22PM

I thought that we could get a better bill, and we did, than

02:22PM

So there are occasions as a legislator where you're trying

02:23PM

Well, the climate there was this PR campaign, just vote for

08/28/2012 10:15:12 PM

02:23PM

Page 191 to 194 of 325

Well, in my view, the Senate has -- we still have old

8 of 59 sheets

195

02:24PM

02:24PM

02:24PM

02:25PM

Q.

Q.

How long have you held that position?

did not include early voting.

A.

Almost 10 years.

A.

That is correct.

Q.

Almost 10 years as the executive director of the State

Q.

Why did you do that?

Election Commission?

A.

Because it was the best that we could get, and I was for

A.

That's correct.

myself comfortable I had gotten the best deal I could get for

Q.

In South Carolina?

the Senate. And I also felt like the House would send us an

A.

Yes.

early voting bill. But I felt like I had gotten the best deal I

Q.

Tell us a little bit about your work history. Is that your

could get and get everything I wanted. But that's a conference

only experience in the election field?

02:28PM

10

committee, it's a give-and-take. That's the way conference is,

10

A.

11

unfortunately, sometimes.

11

before leaving the agency for two and a half years and then

12

Q.

12

returning as the executive director.

13

did you think at the time you voted for it that it would

13

Q.

14

disenfranchise any voters?

14

commission itself, the composition, the membership, how the body

15

A.

15

is structured.

16

education, the challenged ballot, what we call the provisional

16

A.

17

ballot, the reasonable impediment. Those things were in there.

17

We're not under any elected officials, so we're an independent

18

And that's why to me, I had no problem with the transition into

18

agency, and we have a five-member commission that is appointed

19

it. We tried to make sure those things were in there so that

19

by the governor. The composition, the law requires that we have

20

those folks who did not have IDs wouldn't be left out.

20

at least one member of the major political party and one member

21

of the largest minority political party, as represented in the

21

02:25PM

197

In the end you voted for a version of the legislation that

02:28PM

And in the end the version of the bill that you voted for,

No. I felt like we had preserved the outreach, the

02:29PM

02:29PM

Now, nothing's going to be perfect, but I did the best I

No. I spent 16 years with the agency in various positions

Tell the Court, please, ma'am, a little bit about the

The State Election Commission is an independent agency.

22

could do with the bill, and I made sure that those things were

22

General Assembly, so basically that translates to one Democrat,

23

in there, and we didn't have any of that absentee voting

23

one Republican.

24

precinct language in there. So I felt like along the way I

24

Q.

Do you serve at the pleasure of the commission?

25

accomplished some things.

25

A.

I do.

02:29PM

196

MR. POTENZA: Thanks very much.

Q.

Who's the chairman of the commission?

HON. COLLEEN KOLLAR-KOTELLY: Any redirect from either

A.

Johnny Hudgens.

Q.

We're here of course today on the R54. When I say R54, do

you know what I'm referring to?

A.

Photo ID.

3
02:25PM

one of you?

MR. BEENEY: No, Your Honor. Thank you.

MS. BALDWIN: No, Your Honor.

Q.

You're familiar with this?

All right. Thank you, sir. You may be excused.

A.

Yes.

(The witness steps down.)

Q.

Were you involved in the legislative process as the

executive director of the commission?

HON. COLLEEN KOLLAR-KOTELLY: All right. Thank you.

10

MR. BARTOLOMUCCI: The state is now prepared to call


Ms. Marci Andino.

11
12

02:27PM

02:28PM

02:30PM

HON. COLLEEN KOLLAR-KOTELLY: Ms. Andino, if you would


step up over here, please.

10

A.

11

testify as the bill moved through subcommittees.

12

Q.

I was not involved in drafting the legislation, but I did

Did you testify in both the House subcommittee and the

13

MARCI ANDINO, WITNESS FOR THE PLAINTIFF, SWORN

13

Senate subcommittee?

14

MR. BOWERS: Good afternoon, Your Honors. My name is

14

A.

Yes.

15

Q.

Did you also provide information to the various staffs of

16

both chambers?

15

Butch Bowers. I'm here on behalf of the state of South

16

Carolina, may it please the Court.

17

02:28PM

02:29PM

7
9
02:26PM

198

02:30PM

17

A.

Yes.

18

BY MR. BOWERS:

18

Q.

Ms. Andino, I want to ask you a little but about the

19

Q.

Ms. Andino, good afternoon.

19

current statute before we move into the R54. Are you familiar,

20

A.

Good afternoon.

20

in your position as executive director, are you familiar with

21

Q.

Please state your full name for the record.

21

the current identification requirements in the election code?

22

A.

Marci Andino.

22

A.

Yes.

23

Q.

Ms. Andino, what is your current position?

23

Q.

Tell the Court, if you would, about the requirement for

24

A.

I'm the executive director of the State Election

24

identification in the election code before it was amended with

25

Commission.

25

R54.

EXAMINATION

9 of 59 sheets

02:30PM

02:30PM

Page 195 to 198 of 325

08/28/2012 10:15:12 PM

199

02:31PM

02:31PM

02:31PM

02:32PM

02:32PM

A.

201

A.

license, an identification card issued by DMV, or a voter

act.

registration card.

Q.

Q.

going to do in your role as executive director of the State

form of identification that the voter presents?

Election Commission to educate voters on the changes of R54?

A.

A.

registration list and then instruct the voter to sign the poll

educating voters, poll managers, and also the general public --

list. The poll manager is supposed to compare the signature of

well, general public and county election officials. And we are

the voter with the identification that was presented along with

prepared to move forward with the implementation of the voter

The current code requires either a South Carolina driver's

What does the poll manager do when he or she receives the


02:34PM

The poll manager would find the voter on the voter

10

the signature on the poll list.

11

Q.

12
13

Yes, there's an aggressive voter education component to the

Could you tell the Court a little bit about what you're

We've been preparing materials that would be necessary for

10

education plan on day one of preclearance.

11

Q.

identification, is the poll manager allowed to ask for further

12

marked as Plaintiff's Exhibit No. 81. Do you recognize this

identification?

13

document?

14

A.

14

A.

Yes, I do.

15

ask for additional ID.

15

Q.

Could you tell the Court what this is?

16

Q.

Okay. Is that discretionary in the poll manager?

16

A.

This is a document -- this is what we have created, and our

17

A.

It is.

17

messaging is consistent. I believe this is a newspaper ad. We

18

Q.

Has that provision changed in R54?

18

also have posters and brochures, and our messaging is consistent

19

A.

I don't believe so.

19

throughout all of these documents. We worked with Chernoff

20

Q.

Let's get into the guts of R54. What I want you to tell

20

Newman. They are a public relations, and they've done a lot of

21

the Court today, I want you to talk about implementation. Who's

21

voter education work for us over the years, so we've relied on

22

responsible for the implementation of R54?

22

professionals to help develop the message so it's clear and

23

A.

23

concise for voters.

24

commissions are responsible for the implementation.

24

Q.

25

Q.

25

because I live in Columbia, like you do, but tell the Court,

02:34PM

If the poll manager is not satisfied with the

Yes. If the poll manager's not satisfied, then they can


02:34PM

02:35PM

The State Election Commission and county election

In your role as executive director, does that make you, for

02:35PM

Ms. Andino, I've put on the ELMO here a document that's

Just so the Court's -- I know who Chernoff Newman is

200

02:32PM

02:33PM

02:33PM

02:33PM

02:33PM

202

lack of a better term, the point person for implementation?

please, who Chernoff Newman is.

A.

It does.

A.

Q.

Before we get into the meat of implementation, does the

agency in Columbia, South Carolina.

five-member commission you referred to earlier, do they have to

Q.

take any special action to authorize you to implement R54?

Chernoff Newman to help with the voter education program of R54?

A.

No.

A.

Q.

Tell us a little bit about your authority in the role of

voter education projects, and we currently have a contract in

executive director.

place with them. So we've relied on their expertise in

A.

developing these materials.

02:35PM

I'm responsible for the day-to-day operations of the

Chernoff Newman is a public relations and advertising

And the election commission has retained the services of

We have worked with Chernoff Newman since 2004 on various

10

agency, and that would consist of administration as well as

10

Q.

11

training, overseeing the statewide voter registration system,

11

education?

12

and the statewide voting system. And we provide support to

12

A.

13

counties in the conduct of elections.

13

Education Month by Governor Haley.

14

Q.

14

Q.

15

all of the election code in your role as executive director?

15

this is Voter Education Month?

16

A.

Yes.

16

A.

That's correct.

17

Q.

On a day-to-day basis?

17

Q.

And what are you going to do as part of that voter

18

A.

Yes.

18

education effort in September?

19

Q.

And that's without a vote of the election commission

19

A.

20

itself, correct?

20

press conference and voter registration drive on the grounds of

21

A.

That's correct.

21

the State House. We will be working with county voter

22

Q.

I'm going to go through some elements of the implementation

22

registration and election commissions and providing them with

23

requirements of R54 and I'd like you to elaborate for the Court,

23

materials to get out to their local media. We focus the month

24

please. Voter education. Is there a voter education component

24

on reminding voters that they have roughly 30 days to register

25

to R54?

25

to vote prior to the general election, and then we also remind

02:36PM

So is it fair to say that you're authorized to implement

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02:36PM

02:36PM

02:37PM

Page 199 to 202 of 325

How about, is there a special month set aside for voter

Yes. Next month. September will be declared Voter

So she's going to make a gubernatorial declaration that

We have a variety of events planned. We start off with a

10 of 59 sheets

203
them to check their addresses to make sure that they are

This is our 2012 edition of the poll manager handbook, created

registered to vote and at the current correct address.

by our office and then provided to the counties, so they can

provide copies to each of the poll managers.

Q.

3
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205

We're prepared to shift gears in the middle of the month if

we have to. We have two pending projects that could change our

messaging. One is online voter registration. That legislation

manuals for the counties?

passed this year, and it's currently awaiting preclearance by

A.

the Department of Justice. So we'll include that in messaging

counties will get a consistent message.

if that's precleared. And then of course the outcome of photo

Q.

ID will be included if preclearance is granted.

providing guidance. Let me ask you this. Is there a state law

02:41PM

Why does the State Election Commission provide the training

We provide the training manuals so poll managers in all 46

I want to ask you a little bit about the procedures for

10

Q.

10

that requires the counties to comply with your guidance?

11

you or the commission plan on doing?

11

A.

I don't believe there is specifically.

12

A.

That's the major effort for September.

12

Q.

Tell the Court about your experience, absent a state law

13

Q.

What's the purpose -- from your vantage point, what's the

13

that mandates the 46 counties' compliance with your directives,

14

purpose of this voter education effort in light of R54?

14

tell the Court about your experience in terms of how the

15

A.

15

counties generally respond to your guidance.

16

every voter is aware of the change and that they have a photo ID

16

A.

17

when they go to the polls.

17

working relationship with all of the county election officials,

18

Q.

18

and they look to us for guidance on a day-to-day basis.

19

multipage exhibit. This is Plaintiff's Exhibit No. 88. It's

19

Q.

20

entitled "Photo ID voter education plan." Do you recognize this

20

agency?

21

document?

21

A.

They are.

22

A.

Yes, I do.

22

Q.

Is it the norm that they follow your guidance?

23

Q.

As I said, it's a multiple-page document. Tell the Court

23

A.

It is.

24

what this is, please. I'm not going to go through every page,

24

Q.

Ms. Andino, I'm going to put up on the ELMO a document

25

but could you just tell the Court generally speaking what

25

that's marked as Plaintiff's Exhibit No. 101. It's entitled

Okay. Anything else on voter education efforts that either

02:41PM

It's to raise awareness of the change and to make sure that

02:42PM

Ms. Andino, I'm going to put up on the ELMO page 1 of a

02:42PM

02:43PM

Throughout the history of the agency, we've had a very good

And are they accustomed to receiving guidance from your

204

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02:40PM

02:40PM

02:40PM

02:41PM

206

Plaintiff's Exhibit No. 88 is.

"Resolving Issues with Identification." Do you recognize this

A.

document?

office in conjunction with Chernoff Newman. It covers all

A.

Yes, I believe so.

aspects of the voter education and outreach efforts that we will

Q.

It's a two-page document. I'll show you the back side.

take part in if the legislation -- if the act is precleared.

I'm not going to ask you to describe it. Is this just part of

Q.

the training that the commission provides?

training, or just training in general. Tell the Court what your

A.

plans are with regard to training in light of R54.

A.

This is the voter education plan that was developed by my

02:43PM

I want to move next to poll worker and poll manager

We update our poll manager handbook, and this is a document

HON. COLLEEN KOLLAR-KOTELLY: Excuse me. Did your


commission prepare it?

10

that the State Election Commission produces, and we update it

11

every two years to reflect any legislative changes. We make

11

12

copies and distribute to all 46 counties, and counties in turn

12

13

give that to the 20,000 poll managers that are needed for a

13

14

statewide election.

14

79.

15

02:43PM

It is.

10

THE WITNESS: The staff of the State Election


Commission prepared it.
HON. COLLEEN KOLLAR-KOTELLY: Go ahead.
MR. BOWERS: Thank you, Your Honor. Could I have No.

15

BY MR. BOWERS:

16

module, so if poll managers can't attend the in-person training,

16

Q.

17

they can attend or they can take the training online, and we

17

relates to training. It's a thick document. I won't go through

18

create a PowerPoint presentation and other materials for all 46

18

every page of this either. But I just want to make a reference

19

counties to use in training poll managers.

19

to it for the record. This is Plaintiff's Exhibit No. 79, and

20

Q.

20

the title of it is "The Voter Registration and Election

21

that is marked as Plaintiff's Exhibit No. 97, entitled "The Poll

21

Commission Handbook." Do you recognize this document?

22

Manager's Handbook." Do you recognize this document?

22

A.

Yes, I do.

23

A.

I do.

23

Q.

Is this something that's prepared by your office?

24

Q.

Is this what you were just describing?

24

A.

It is. This is a document that has been in place for

25

A.

Yes. It's one of the documents I was just describing.

25

probably 30 years. It's updated on a regular basis, and it's

We also produce -- we have an online poll manager training

11 of 59 sheets

Ms. Andino, I'm going to put up on the screen a document

02:44PM

02:44PM

02:44PM

Page 203 to 206 of 325

Ms. Andino, I'm going to show you one more document that

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02:45PM

02:46PM

209

the handbook that's used by our county election and voter

vote, or whatever the situation might be.

registration staff and commissioners.

Q.

Q.

implementation of R54. Tell the Court if you would, Ms. Andino,

product as well or was this all in-house?

about photographic equipment and what the commission's going to

A.

This was done in-house.

do to make sure that's available.

Q.

Did I understand you correctly that this document's been

A.

around for decades?

produce photo identification cards. We've looked at the

A.

Yes.

equipment that's used by the Division of Motor Vehicles, and

Q.

But I see on here the date is June 1, 2012. Does that mean

we've also checked what equipment's available on state contract.

Does Chernoff Newman help with the development of this

02:48PM

10

it's updated regularly?

11

A.

12
13
14

directives or guidance with regard to R54?

15

A.

16

then it will be updated to reflect those changes.

17

Q.

18

R54 that says the photo identification must be current and

19

valid?

20

A.

I am.

21

Q.

Tell the Court, please, ma'am, what does that language mean

22
23
24

that has a current date on it. And valid would be one -- it

25

would have to be one of the five forms that are defined in the

We're still talking about under the broad heading of

We have researched equipment that would be needed to

10

In preparing our new voter registration system that's used, this

11

is the database that houses all of the voter registration

procedure.

12

records for the state.

Q.

13

02:48PM

It's updated anytime there's a change in legislation or

Okay. Does this document, to your knowledge, include any

While that was being developed, the ability to capture a

14

photograph was built into the system. We have identified both

15

cameras that would be needed and printers, and we've thoroughly

16

tested the system with both. So if we receive preclearance,

17

then we're ready to place an order for the equipment that would

18

be needed to produce the IDs.

19

Q.

20

you tested them? Have you purchased some of these equipment

21

items?

to you?

22

A.

A.

23

vendor have tested them for compatibility with our computer

24

system.

25

Q.

It does not at this time, but if we receive preclearance,

02:48PM

Very well. Ms. Andino, are you aware of the requirement in

02:49PM

To me a current photo ID would be one that has not expired,

02:49PM

Do you in fact have -- you said you tested them. How have

Yes. We've purchased them, and both my staff and the

So you have the vendor identified, you've tested the

208

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02:46PM

02:47PM

02:47PM

02:47PM

210

legislation.

equipment, and if preclearance is obtained, you're ready to

Q.

Tell the Court, please, what are those five forms?

implement in -- give the Court a sense of the time frame.

A.

South Carolina driver's license, an ID card issued by DMV,

A.

Division of Motor Vehicles, a passport, a military ID issued by

needed. The vendor has said that the equipment is readily

the federal government, or a voter registration card containing

available and we should have it in a few weeks.

a photograph.

Q.

Two weeks? Four weeks? Eight weeks?

Q.

A.

I would say between two and four.

that we talked about a little while ago that I put up on the

Q.

Ms. Andino, are you aware that R54 has a provision

screen, does that include a reference to all five forms of

regarding a reasonable impediment to vote, or to obtain a photo

02:49PM

And at least one of the examples of the education materials

On day one we'll place the order for the equipment that's

10

identification?

10

ID rather?

11

A.

Yes.

11

A.

I am.

12

Q.

Let me ask you this, Ms. Andino. If there's a question

12

Q.

Tell us what your understanding of the reasonable

13

about whether an ID is current or valid -- let's say it's not

13

impediment provision of R54 is.

14

clear from the face of the document -- what would your

14

A.

15

instruction be to the counties?

15

prevented him or her from obtaining a photo ID, then the voter

16

A.

16

would be permitted to vote a provisional ballot.

17

and to err on the side of the voter.

17

Q.

18

Q.

18

reasonable, how would that question be resolved?

19

that, please, if you would just for a moment. Tell the Court

19

A.

20

what you mean by that?

20

reasonable impediment.

21

A.

21

Q.

22

counties do too. A lot of times there's a gray area in

22

subjective as to the voter?

23

legislation or in procedures, and we make every attempt that we

23

A.

Yes.

24

can not to disenfranchise a voter. So if there's any doubt,

24

Q.

Then is it fair to say that the poll managers and then the

25

then the voter should be permitted to register, permitted to

25

county boards have discretion to determine whether the affidavit

02:50PM

02:50PM

I would instruct them to, you know, use their best judgment

When you say err on the side of the voter, elaborate on

02:50PM

It's really a consistent theme, and we say it often, and

08/28/2012 10:15:12 PM

02:51PM

Page 207 to 210 of 325

If a voter suffers from a reasonable impediment that has

If there's a question about whether the impediment is

I believe it's up to the voter to determine if they have a

So does that mean the reasonableness of the impediment is

12 of 59 sheets

211

02:51PM

02:51PM

02:51PM

02:52PM

02:52PM

213

that's sworn out about the impediment is false? They have

Q.

discretion to determine that?

But I want to ask you a question, a hypothetical, if you will.

A.

Let's say a voter presents himself to a polling place and says I

provisional ballot unless they have evidence that the affidavit

don't have a photo ID but I have a reasonable impediment. The

is false.

poll manager hands him the affidavit on the back of the envelope

Q.

and he says, I've got a medical condition that I don't want to

is false.

reveal by -- I'm not required to reveal under federal law. So

A.

That's right.

he doesn't put anything down on the affidavit; is that correct?

Q.

Ms. Andino, I'm going to put a document on the ELMO here.

A.

I believe that the county board is supposed to count the

02:54PM

So the vote counts unless there's proof that the affidavit

You mentioned notary. I want to get to that in a second.

He could note "medical" or "undisclosed," something to let

10

This is Plaintiff's Exhibit No. 99. As you can see, it has your

10

the county know why there was nothing written there.

11

agency's masthead at the top, and it's entitled "Reasonable

11

Q.

12

Impediment/Religious Objection Procedures." Do you recognize

12

hearing or the provisional ballot hearing a couple of days

13

this document?

13

later. How can the board determine whether the basis for the

14

A.

I do.

14

impediment is false if it's either blank or undisclosed?

15

Q.

Please tell the Court what this is.

15

A.

16

A.

It's the procedures that we have developed for poll

16

the ballot unless they have evidence to prove that it's false.

17

managers and county election commissions to follow regarding

17

So the burden is not on the voter; it would be on a challenger.

18

reasonable impediments and religious objections that a voter

18

Q.

19

might have to being photographed.

19

to the 46 counties to ensure that that is in place?

20

Q.

20

A.

21

to ensure uniformity across the 46 counties?

21

poll worker that they should write, you know, "medical condition

22

A.

It is.

22

not disclosed" or something on the envelope, to never leave it

23

Q.

Is this the final product?

23

blank so there's never a question about it.

24

A.

It is the latest version. With all of our procedures, we

24

Q.

25

find that once we go through a statewide election, there may be

25

basis for the reasonable impediment that the voter puts down on

02:54PM

02:55PM

Is this part of the guidance that your agency will provide

02:55PM

02:55PM

Okay. And then fast-forward to the challenged ballot

It's up to the board to count -- or the board should count

What would your guidance be -- what will your guidance be

In this situation, I would have them to communicate to the

So in that example that we've used here, if that is the

212

02:52PM

02:53PM

02:53PM

02:53PM

02:54PM

214

adjustments that we need to make based on lessons learned, but

the affidavit, then what would your guidance to the county

it is the current version of this document.

boards be in terms of whether to count the vote or not count the

Q.

vote?

Registration and Election Commission Handbook, it's subject to

A.

revision and updating as lessons are learned through election

presented saying that that affidavit is false.

experience, correct?

Q.

A.

That's correct.

uniformly across all 46 counties, correct?

Q.

Let's talk a minute about the affidavit. You understand

A.

That's right.

there's a requirement for an affidavit to be sworn out if a

Q.

You mentioned notaries and I promised we'd get back to it.

So much like Plaintiff's Exhibit No. 79, the Voter

02:56PM

They should count the vote unless evidence has been

And your desire is to make sure that that rule is followed

10

voter believes they have a reasonable impediment to obtaining an

10

I want to get back to it now. Tell us about your understanding

11

identification?

11

of the requirement for notaries.

12

A.

That's correct.

12

13

Q.

Tell the Court about that process and how you envision it

13

a question. You said the poll manager will ask the individual

14

working.

14

voter whether he or she has a reasonable impediment that

15

A.

15

prevents or prevented them from getting an ID. Let's assume

16

the five required forms of ID, and if they do not, the poll

16

that the answer that he gets to that question is, "What's a

17

manager would ask if they suffered from a reasonable impediment

17

reasonable impediment? What do you mean? What are you asking

18

that prevented them from getting an ID. And if they do, then

18

me?" Have you issued any guidance or do you intend to issue any

19

they would fill out the affidavit that's on the provisional

19

guidance on what the poll manager should do to explain that to

20

ballot envelope, and they would indicate that there was a

20

the voter?

21

reasonable impediment, they would make note of the reasonable

21

22

impediment unless it was prohibited by state or federal law from

22

impediment procedures some examples of what a reasonable

23

disclosing that reason, and then the poll manager, a notary,

23

impediment might be, and if there is an issue, we'll certainly

24

would sign the affidavit and the person would vote a provisional

24

further define that. But to me it means any circumstance that

25

ballot.

25

the voter has that may have prevented them from getting a photo

13 of 59 sheets

The poll manager would ask the voter if they have one of

02:56PM

02:56PM

02:57PM

02:57PM

Page 211 to 214 of 325

HON. JOHN D. BATES: Before we get to that, let me ask

THE WITNESS: We have provided in our reasonable

08/28/2012 10:15:12 PM

215
ID, whether it's physical, medical or transportation related or,

the poll worker going to have the discretion to decide what is

you know, short time frame in between implementation and an

reasonable? You've indicated examples that, you know, they're

election.

disabled or some other problem. But what if somebody comes in

and just gives a flip answer, you know, I don't want to do it,

or something like that? Are they required to accept it or not?

I mean, do they have some discretion as to what's reasonable?

4
02:57PM

intended to be included in the guidance to these, what is it,

20,000 poll managers?

8
9
10
11
12

02:58PM

02:58PM

02:58PM

HON. JOHN D. BATES: Is something along those lines

5
7

02:57PM

217

03:00PM

THE WITNESS: That's correct.

HON. JOHN D. BATES: Is something along the lines of

voter. If they feel like they have a reasonable impediment,

then the poll manager should allow them to vote the provisional

that explanation intended to be included?


THE WITNESS: Yes, sir. I believe that most of that

03:01PM

10

THE WITNESS: I think the reasonability test is on the

ballot.

11

is in there.

HON. JOHN D. BATES: And to follow up on Judge

12

Kavanaugh, the answer that I didn't have time over the past

13

that has not been sent out yet, I take it, because R54 hasn't

13

couple of weeks, that would be sufficient?

14

been precleared. Is that correct?

14

THE WITNESS: Yes.

15

HON. COLLEEN KOLLAR-KOTELLY: If I could just ask,

15

BY MR. BOWERS:

16

meetings with counties and we've briefed them, but we have not

16

Q.

17

given them any of the documents, except they do have a copy of

17

was just asking you, which obviously were excellent questions

18

what was submitted in the preclearance request last year, and it

18

and cut to the heart of this. Did you ask the Attorney

19

created some confusion because there's a sample press release in

19

General's office for an opinion on what would constitute a

20

there, and I think it was dated about this time last year, which

20

reasonable impediment in terms of timing and preclearance?

21

would have coincided with the 60th day. Some of the counties

21

A.

Yes, I did.

22

saw that and were confused and thought that preclearance had

22

Q.

Did you receive an opinion from the AG, South Carolina

23

been granted.

23

Attorney General's office?

24

A.

I did.

25

Q.

What did they tell you?

THE WITNESS: That's right. We've held training

03:01PM

24

So we haven't distributed the materials to the counties,

25

but we have drafts, or we have them in a format that we're ready

03:01PM

03:01PM

Marci, to follow up with some of the questions the Court

216

to produce and supply to them, you know, upon preclearance. And

A.

we communicate with our counties through an intranet site. So

birth certificate, another was a physical disability, and then

once we post a document, they have it, so there's no delay.

they also, I had specifically asked about a short time frame

between preclearance and an election.

Q.

General's office issue a date certain in their opinion in terms

of preclearance must be obtained prior to X date; otherwise,

4
02:59PM

02:59PM

reasonable impediment for the 2012 election because of the short

time frame?
THE WITNESS: Well, I guess that's possible because

Not that you're bound by this, but did the Attorney

there is a short time frame. We heard from a lot of voters in

every one of these voters would have a potentially reasonable

January when we held the presidential preference primary, and

impediment? Did the Attorney General's office opinion touch on

10

also in June for our statewide primary, and we had a number of

10

that?

11

calls from voters who thought the photo ID bill was already in

11

A.

12

place and they were concerned because poll managers were not

12

about a short time frame, and I believe that, you know, that

13

asking for one of those five forms of ID. So it's taken a

13

depends on the voter.

14

little education. There's been a lot of discussion about it.

14

Q.

15

So a lot of voters already think it's in place.

15

happens to still be on the screen, Plaintiff's Exhibit No. 99,

16

this is the -- if I recall -- tell the Court what this is again,

03:02PM

03:02PM

HON. BRETT KAVANAUGH: I don't want to interfere with

I don't believe there was a specific date. We just talked

Ms. Andino, again to follow up on this, the exhibit that

17

the questioning, but that question I had is pretty important, I

17

please.

18

think, to how this -- if every single voter, if it's precleared

18

A.

19

in September, would have a reasonable impediment because of the

19

the religious objection to being photographed.

20

short time frame, it's unclear...

20

Q.

And this is a supplement to what?

21

A.

It will be a supplement to both the voter registration and

21

03:00PM

03:02PM

They used several examples. One is a person not having a

16

03:00PM

HON. BRETT KAVANAUGH: Would everyone have a

5
7

02:59PM

218

03:03PM

THE WITNESS: Some of those voters would be able to

This is the procedures for reasonable impediment and also

22

obtain the necessary photo ID, but if we had 100,000 people show

22

election handbook and to the poll manager's handbook.

23

up and say I have a reasonable impediment, I just learned about

23

Q.

24

this or I just didn't have a chance, then yes.

24

exhibit, Plaintiff's Exhibit No. 99, the definitions, No. 1,

25

reasonable impediment. Do you see that?

25

HON. COLLEEN KOLLAR-KOTELLY: If I could ask, then, is

08/28/2012 10:15:12 PM

03:03PM

Page 215 to 218 of 325

I'll point your attention specifically on page 1 of this

14 of 59 sheets

219

03:03PM

03:03PM

A.

Yes.

the counties would be to what?

Q.

So this is the training that, once preclearance is

A.

obtained, this is part of the training that's going to go out to

all 46 counties, correct?

November 1 is the date that preclearance is obtained, you can't

A.

That's correct.

get the photo equipment that you need, can you?

Q.

As it just so happens, what you just described in the

Attorney General's opinion appears right there in the training,

correct?

A.

03:04PM

HON. JOHN D. BATES: To just follow up on that, if

That's correct, and we've also included a note that it's

THE WITNESS: No. So there would be another


reasonable impediment.
HON. BRETT KAVANAUGH: November 1 makes it easy. What
about September 15?

not an exclusive list because we're sure that, you know, as time

11

goes on, we will find voters have reasonable impediments that we

11

12

did not think of, so we wanted to make sure that it was clear

12

HON. BRETT KAVANAUGH: It's up to them?

13

that it did not have to be one of the three that was listed.

13

THE WITNESS: It's up to the voter as to whether or

14

not they have a reasonable impediment. And we're going to do

03:06PM

HON. JOHN D. BATES: That definition of reasonable

10

THE WITNESS: I think a lot of voters would have a


reasonable impediment even on September 15.

15

impediment has to begin with three parts. I'm having a hard

15

everything in our power to reach the voters and make sure that

16

time reading it, but it says "any valid reason beyond the

16

everyone's aware of the change, but if they didn't have the

17

voter's control which created an obstacle." So there are three

17

opportunity to get a photo ID between September 15 and November

18

things there: valid reason, beyond the voter's control, created

18

6, then that would be a reasonable impediment.

19

an obstacle. Are all three of those determinations up to the

20

voter, or does the poll manager make some assessment under this

21

03:06PM

19

HON. COLLEEN KOLLAR-KOTELLY: In terms of here,

20

evidently during September you're going to be trying to register

definition of whether it's a valid reason, whether it's

21

new voters, I take it that they're going to get a voter

22

something that was beyond the voter's control, and whether it

22

registration card without a photo on it.

23

actually created an obstacle?

23

24
03:04PM

03:06PM

To count the ballot.

10

14
03:04PM

221

25

03:07PM

THE WITNESS: That's correct.

24

THE WITNESS: I think that it's up to the voter to


decide if they have a reason. And we're going to err on the

03:07PM

25

HON. COLLEEN KOLLAR-KOTELLY: So for the new people


that are registering in September, they would then have to come

220

03:05PM

03:05PM

03:05PM

03:05PM

03:06PM

222

side of the voter and give them as much latitude as possible

back at a later point to get one with a photo on it, assuming

and, you know, not ask the poll managers to determine if it's

they don't have a driver's license, DMV, or one of these other

valid or not. If the voter believes that they have a reasonable

forms of identification; is that correct?

impediment, that should be good enough for the poll manager.

BY MR. BOWERS:

Q.

testimony just a little while ago when I asked you, is it

8
9

THE WITNESS: That's correct.

BY MR. BOWERS:

Q.

their initial -- their pictureless registration card, correct?

subjective, the determination of a reasonable impediment; that's

A.

That's right.

subjective, correct?

Q.

And then have a photograph taken, of course. And then --

03:07PM

And Marci, in fact, isn't that consistent with your

In that circumstance, all they'll have to do is turn in

10

A.

Right.

10

let's shift to this just for a second while we're on the topic.

11

Q.

Subjective as to the voter?

11

Assuming that preclearance is obtained on or about September 15

12

A.

Right.

12

and you're right smack in the middle of voter education month.

13

Q.

Let me throw this hypothetical out. Since the Court has

13

Do you have any plans to get out to the rural areas of the state

14

brought this issue to light, and again, I think it's a very

14

to get the word out?

15

important issue to discuss, let's say that preclearance from

15

A.

16

this court is obtained on November 1. What day is election day

16

copy of their driver's license and their identification card

17

in South Carolina?

17

file. We'll determine how many voters that we need to reach,

18

A.

November 6.

18

and we'll concentrate our efforts on the areas with the highest

19

Q.

Let's say it's November 1. So is it your testimony that

19

percentage of voters that need or may not have a photo ID.

20

registered voters who lack one of the required photo IDs will

20

We're only checking driver's license and ID cards issued by DMV,

21

have by definition a reasonable impediment to obtaining it?

21

so we wouldn't have any way of knowing if they have one of the

22

A.

Absolutely.

22

other forms of ID.

23

Q.

And then they'd be able to cast a provisional ballot?

23

24

A.

That's right.

25

Q.

And your guidance in that circumstance, your guidance to

15 of 59 sheets

03:07PM

03:08PM

03:08PM

03:09PM

Yes. Upon preclearance I will contact DMV and get a new

But we have a bus that we used in 2004 and 2005 when we

24

implemented a new statewide electronic voting system, and we had

25

a massive voter education program to let voters know about that

Page 219 to 222 of 325

08/28/2012 10:15:12 PM

223

03:09PM

03:09PM

03:09PM

03:10PM

change. So we still have the bus. It can go -- it's highly

visible, so, you know, we coordinate with counties and with

HON. BRETT KAVANAUGH: If it later turns out to be

local media and we send it out to locations. And we can put

false, for example, you say I have a medical condition and you

camera equipment on the bus and county election officials and

didn't, that could be challenged later?

produce cards on the spot.

Q.

03:12PM

a sworn affidavit that that's true.

THE WITNESS: That could be challenged at the

challenged ballot hearing, and the board then would have the

photograph equipment already that you've already purchased for

discretion not to count the ballot. But they have to have

the testing; is that correct?

evidence that --

A.

That's correct.

10

Q.

So when you said you could put it on the bus, is that what

11

you're talking about?

11

12

A.

Yes.

12

the falsity of the identification. It also includes the falsity

13

Q.

Let's say preclearance is obtained on September 15. On

13

of the reasonable impediment. Is that what you're saying?

14

September 16 the bus can go to McCormick County and get the word

15

out. Probably take a couple of days to get the word out, but

15

the ballot should be counted unless evidence is presented to say

16

then the bus could go out to McCormick County or Hampton County

16

that the affidavit is incorrect or is false.

17

or anywhere else in the state and provide photographic voter

17

18

registration cards on the spot, right?

18

it encompass the reason that was given as a reasonable

19

A.

19

impediment, or just the other information that I'm so-and-so and

20

I live at this address and this is my signature.

20
21
23

So you already have a mobile bus unit, and you have

03:12PM

10

14
03:12PM

Yes. We're prepared to start immediately.


MS. MEZA: Objection. Several of Mr. Bowers'

03:12PM

21

questions have been leading.

22

03:10PM

225

22

HON. JOHN D. BATES: Some of them have been leading,


so let's refrain from leading questions. But let me ask --

24

MR. BOWERS: Yes, Your Honor.

25

HON. JOHN D. BATES: It sounds to me, from your

03:13PM

HON. BRETT KAVANAUGH: Right. I'm not sure how that


would be challenged, but...
HON. COLLEEN KOLLAR-KOTELLY: So the falsity is not

THE WITNESS: I believe the way it's stated is that

HON. COLLEEN KOLLAR-KOTELLY: But is the falsity, does

THE WITNESS: No, I believe it includes the reason.


HON. JOHN D. BATES: Because there's a blank that you

23

say has to be filled in, should always be filled in with some

24

reason given.

25

THE WITNESS: That's correct.

224

03:11PM

perspective at least -- let me ask it this way. Is there any

voter in your view who could vote under the current law, the

current system, who if R54 is precleared and they show up at the

MR. BOWERS: Sure.

polling place, will not be permitted to vote? If reasonable

HON. COLLEEN KOLLAR-KOTELLY: As I understand it then,

impediment is just anything they say, is there anyone who won't

be permitted to vote?

7
8
9
03:11PM

12
13
14
15
16

03:11PM

03:11PM

03:13PM

HON. COLLEEN KOLLAR-KOTELLY: One other follow-up


while we're talking.

the bus that's supposed to go out, if it got precleared, already

has the equipment so it immediately could do the photo. But I

THE WITNESS: Not that I'm aware of.

take it that at the offices, at the county offices, you have to

HON. JOHN D. BATES: So in your view, everyone will be

order the equipment, and if the day after -- you would not be

able to do the photo registration cards, you would have to order

permitted to vote, and their vote will count?

10
11

03:11PM

226

THE WITNESS: If they have a reasonable impediment,

03:13PM

yes.

the equipment and it would come, say, two or three weeks later.

11

Is that correct?

12

HON. JOHN D. BATES: And a reasonable impediment is


anything they say.
THE WITNESS: Yes. If they feel like they have a
reasonable impediment.

10

03:13PM

HON. JOHN D. BATES: Can you imagine anything that a

THE WITNESS: That's right. The county offices aren't

13

equipped at this point, but we do have several cameras and

14

printers that we have acquired for testing. And also, for over

15

a year now, voters have been able to go into DMV and get a free

16

ID as well. So there is another source currently available.

17

voter would answer in response to the poll manager's question,

17

18

do you have a reasonable impediment, and then an explanation of

18

Kotelly's question. If, on a subsequent challenge, it is

19

what that is, can you imagine anything that a voter would answer

19

determined that the reasonable impediment given was false --

20

that would not be sufficient to allow them to vote?

HON. JOHN D. BATES: Let me follow up on Judge

20

let's just use the term false in both instances -- but that the

21

THE WITNESS: They could answer, no, I don't have a

21

voter is who the voter said they were and hadn't previously

22

reasonable impediment. But other than that, the poll manager's

22

voted, their vote would still be disregarded because of the

23

not going to be making the determination as to whether or not

23

falsity of the reasonable impediment given, even though they are

24

it's reasonable. If the voter says, I have a reasonable

24

who they say they are?

25

impediment, then I think we should take his word. He's signing

08/28/2012 10:15:12 PM

03:14PM

03:14PM

25

Page 223 to 226 of 325

THE WITNESS: They would have to show me -- if they

16 of 59 sheets

227

03:14PM

HON. JOHN D. BATES: Let's say they did. They came in

and proved that they were who they said they were, but there was

BY MR. BOWERS:

also a challenge that the reasonable impediment was false, and

Q.

it proved out that it was false. Would their vote be

bit. And pardon the potential leading nature of it. Let's

discounted?

assume one of the hypotheticals that the Court provided where

somebody swears out a false affidavit but they do have an ID;

they just didn't bring it to the polling place and so they go

get one two days later. Would they swear out a reasonable

8
10

it would count.
HON. JOHN D. BATES: You think it would count, or we
can be confident it would count?

11

HON. BRETT KAVANAUGH: Okay.

Let me ask a question that might illuminate this a little

10

impediment affidavit, or would they just be able to cast a

11

regular provisional ballot?

12

they come in -- let me make sure I have it right. If they come

12

A.

13

in and they say I have a broken, you know -- or I've been

13

would not be necessary for them to go through the reasonable

14

hospitalized or I have some medical condition that prevents me

14

impediment process. They could simply say I don't have my ID

15

from getting an ID, and then you find out two days later or

15

with me, and then they could produce it prior to or during the

16

three days later that they did not have a medical condition, and

16

challenged ballot hearing, and their ballot would be counted.

17

that was false --

17

Q.

18

experience in the election field, if someone has an acceptable

19

form of photo ID and they present themselves to the polling

20

place, how likely is it that they will then claim, no, I have a

21

reasonable impediment, I need to swear out this affidavit?

19

03:17PM

HON. JOHN D. BATES: Yeah, someone asked their sister,


who said no, they didn't have a broken foot.

20
21

THE WITNESS: But they present an ID at that point,

03:18PM

then they meet the requirements, and their vote would count.

If they had an ID and they did not have it with them, it

So if someone has an ID, in your opinion, given your

22

HON. BRETT KAVANAUGH: Are you sure about that?

22

A.

23

THE WITNESS: We would err on the side of the voter.

23

ask is do you have --

24
03:15PM

03:17PM

THE WITNESS: It would count. It would count. If

18
03:15PM

03:17PM

THE WITNESS: As long as they produce the ID, I think

03:15PM

solicitor.

03:15PM

229

came in and showed a photo ID --

25

HON. COLLEEN KOLLAR-KOTELLY: I guess what we're


trying to get at is, what does the falsity go to? Is it just

03:18PM

Well, the first question that the poll manager is going to

24

MS. MEZA: Objection. Calls for speculation.

25

HON. COLLEEN KOLLAR-KOTELLY: I'll allow it to the

228

03:16PM

the identification that you put on in the affidavit, or does the

extent that she's answered a bunch of hypotheticals. We'll view

falsity encompass whatever reason you've given for the

this as a hypothetical as well. So consider it that way.

reasonable impediment? In other words, you can't lie about the

reasonable impediment, and you can't indicate that you're

that's on the screen. The first question that the poll manager

somebody else on the material in terms of identification.

is going to ask is do you have a form of ID, and they're going

to say yes or no. If they say yes, but I don't have it with me,

then they could vote a provisional ballot. If they say no, I

don't have a form of ID, then the next question would be about

the reasonable impediment. So if they said they had a form of

6
7
9

THE WITNESS: But I think it includes the -- it

HON. COLLEEN KOLLAR-KOTELLY: So the falsity includes


the reason plus the --

10

THE WITNESS: Person's identity.

11

HON. BRETT KAVANAUGH: So if you've given a false

12
14

03:16PM

HON. COLLEEN KOLLAR-KOTELLY: She just said it didn't


count.
HON. BRETT KAVANAUGH: No, she said it did count.

16

HON. JOHN D. BATES: I think she said it did count.

03:19PM

ID, you would never get to the reasonable impediment process.

11

HON. JOHN D. BATES: And therefore never get to an


affidavit; they don't have to do an affidavit.

13

THE WITNESS: That's right.

14

MR. BOWERS: Thank you, Ms. Andino.

15

THE WITNESS: Sorry about that confusion.

16

MR. BOWERS: That's quite all right. May I continue?

17

As long as they are who they said they were, it counts even

17

18

though the reasonable impediment given may prove to be false.

18

19

THE WITNESS: I don't believe they'll get prosecuted,

19

20

THE WITNESS: Well, it's included in the document

10
12

15

HON. COLLEEN KOLLAR-KOTELLY: It's back to you. At


least for now.
(Laughter)

20

MR. BOWERS: I appreciate the help. That's okay.

21

HON. BRETT KAVANAUGH: For giving a false affidavit?

21

HON. JOHN D. BATES: You may do it that way.

22

THE WITNESS: Yes.

22

23

HON. BRETT KAVANAUGH: You don't think they'd get

23

BY MR. BOWERS:

24

Q.

25

polling places are in South Carolina?

24
03:17PM

03:19PM

affidavit, the vote counts but you get prosecuted?

13
03:16PM

03:18PM

includes the reason as well.

8
03:16PM

230

but I see your point.

03:19PM

prosecuted?

25

17 of 59 sheets

THE WITNESS: I don't know. That would be up to the

03:19PM

Page 227 to 230 of 325

(Laughter)

I want to ask you about notaries for a moment. How many

08/28/2012 10:15:12 PM

231

03:19PM

03:20PM

03:20PM

A.

Roughly 2,100.

worker.

Q.

2,100, not 21,000? 2,100?

Q.

A.

Polling places?

on election day and a voter requests to fill out a reasonable

Q.

Yes, ma'am.

impediment affidavit?

A.

2,100.

A.

Q.

What's your plan for -- what's your understanding about a

was someone, a notary in a nearby precinct, or if they could

requirement for notaries under R54?

send someone over.

A.

That a notary would be required to witness the affidavit.

Q.

Let's say there is nobody. Then what happens?

Q.

The reasonable impediment affidavit?

A.

I would instruct the county to have the poll manager

10

A.

The reasonable impediment affidavit, yes.

11

Q.

What's your plan for ensuring that notaries are available,

12
13
14

them know that this is a requirement, and we've asked them to

15

get this information as they're recruiting poll managers.

15

you going to instruct, give that out as guidance? These poll

16

They're right now in the process of sending out notices asking

16

managers are not going to call you on election day, I assume.

17

people that they've used in the past if they're willing to

17

Maybe you do get 20,000 calls on election day, but not

18

participate again this November.

18

everybody's going to reach you. Do you intend to give out that

19

guidance?

03:20PM

03:22PM

What happens if no notary is available in a polling place

The poll manager could contact the county to see if there

10

witness the affidavit. Poll managers are authorized to

11

administer oaths, and this again would be a situation where,

if you have one?

12

through no fault of the voter, a notary was not available, so I

A.

13

would instruct the poll manager to notarize it.

19
03:20PM

233

03:23PM

We have already contacted all of our county offices to let

14
03:23PM

So we ask them to include just a statement or question

HON. JOHN D. BATES: You say you would instruct. Are

20

asking if they are notaries. We have also contacted both

21

political parties and the League of Women Voters, asking for

21

training, and we will make sure that counties are aware. And

22

them to help us recruit notaries for this purpose.

22

then sometimes we do get calls from poll managers, but not

23

Q.

23

20,000, thank you.

24

already notaries in your current pool of poll managers?

25

A.

03:23PM

Have you undertaken any efforts to identify who might be

20

THE WITNESS: Yes. Yes. We will include it in our

24

Yes, we have. Most of the poll manager information

03:23PM

25

HON. BRETT KAVANAUGH: Would notaries be able to


charge?

232

03:21PM

03:21PM

03:21PM

03:22PM

03:22PM

234

throughout the state is housed in our voter registration and

THE WITNESS: No.

administration system. So we were able to extract out all of

HON. JOHN D. BATES: And under what authority can you

the poll managers and compare that with a list of notaries, and

we identified approximately 2,000. Now, several of our largest

counties are not included in that pool.

Q.

A.

8
9

prevent notaries from charging?


THE WITNESS: I would perceive that as a poll tax, and

we've already said that notaries cannot charge.

So does that mean the number may be larger than 2,000?

BY MR. BOWERS:

I believe so, because our two largest counties were not

Q.

As part of your volunteer outreach efforts; is that right?

included.

A.

Yes.

Q.

What two counties are those?

Q.

So is it fair to say that notaries who volunteer will know

10

A.

Charleston and Greenville.

11

Q.

Do you happen to know the minority population of Greenville

12

03:24PM

10

on the front end that they won't be able to charge for their

11

service?

County?

12

A.

Yes, definitely.

13

A.

No, I do not.

13

Q.

So after a voter fills out the reasonable impediment

14

Q.

Do you happen to know the minority voting age population of

14

affidavit, casts a provisional ballot, what happens next with

15

Charleston County?

15

that provisional ballot after it's cast? What happens next?

16

A.

No.

16

A.

17

Q.

So all of these efforts you've undertaken thus far

17

polls close, the ballot box would be taken to the county

18

regarding notaries, is the plan in final form? Is your plan to

18

election commission and kept until the challenged ballot

19

have notaries in polling places in final form?

19

hearing.

20

A.

20

Q.

21

communicated that to counties.

21

anybody to see?

22

Q.

But you're still developing the plan?

22

A.

23

A.

We're still helping, assisting counties recruit poll

23

the provisional ballot envelope. Within the envelope, it's

24

workers or notaries to be poll workers, or they simply could

24

dropped into the ballot box, and that's the same procedure we

25

just have a notary available. They don't have to be a poll

25

use today for any emergency -- or excuse me -- any provisional

03:24PM

03:24PM

We plan to have notaries in polling places, and we've

08/28/2012 10:15:12 PM

03:25PM

03:25PM

Page 231 to 234 of 325

The voter would drop it in the ballot box, and when the

What about the secrecy of the ballot? Is it just open for

No. The ballot would be placed in the challenged ballot or

18 of 59 sheets

235

03:25PM

03:26PM

03:26PM

03:26PM

03:26PM

237

ballots that are cast.

Q.

Q.

Thank you for your patience. I've put up on the screen

under R54 for the provisional ballots under the reasonable

Plaintiff's Exhibit 100. Do you recognize this document?

impediment rubric, for those to be -- for the validity of those

A.

to be determined?

potentially may not have a photo ID.

A.

Q.

separate out the provisional ballots by reason. If it's a

who's going to receive this postcard.

failsafe and the voter has completed the affidavit and a change

A.

of address, then that's an administrative challenge, and as long

contains all licensed drivers as well as ID card holders, and we

And then following the election day, what's the process

03:42PM

Well, when the ballot box is opened, the county would

Ms. Andino, I only have a few more questions for you.

This is the postcard that we will use to mail to voters who

Tell the Court a little bit about how you've identified

We get a file from the Division of Motor Vehicles that

10

as they had completed the change of address, those ballots would

10

compare it to the voter registration file. The people that we

11

be counted, so the commission would not have to go through those

11

do not match on we will mail a postcard to contact them to let

12

individually.

12

them know about the changes.

13

Q.

13

Q.

14

mean your commission?

14

number is?

15

A.

The county commission, the county election commission.

15

A.

16

Q.

So this is a matter decided by each of the 46 county boards

16

times and it changes each time. But somewhere around 200,000.

17

or commissions of elections, correct?

17

Q.

18

A.

That's correct.

18

Exhibit No. 100. The Bates number is 00164948. Do you see

19

Q.

Can you tell the Court, if you know, what's the racial

19

that, Ms. Andino?

20

composition of these county boards?

20

A.

Yes.

21

A.

I don't know.

21

Q.

This is part of the postcard that's going to go out; is

22

Q.

Does your agency house any data to that effect?

22

that correct?

23

A.

No.

23

A.

24

Q.

Anyway, I interrupted you. Continue. So what's the

24

the types of IDs that are required, and then this section is a

25

process after that?

25

return postcard that would be sent back to the election

03:42PM

Pardon the interruption. When you say commission, do you

03:42PM

03:43PM

03:43PM

As you sit here today, do you have an idea of what that

It's around 200,000. We've run this comparison several

And this is the second page of this exhibit, Plaintiff's

Right. The first part of the postcard has the changes in

236

03:27PM

03:27PM

A.

commission, and it just helps us to determine if the voter might

challenge, so they would be counted. There's no decision for

have some other type of ID.

the commission to make on those. For other types of challenges,

Q.

Then who prepared this postcard?

the person may have to come in and present ID or evidence that

A.

Staff at the State Election Commission.

they do live at the same address, and there would be some

decisions. That's the current practice. And then with the

provisional for the reasonable impediment, they would be counted

unless someone had presented information showing that the

another acceptable form.

affidavit was false.

BY MR. BOWERS:

HON. JOHN D. BATES: What do you mean by some other


type of ID?
THE WITNESS: Either the passport or a military ID,

Q.

10

Q.

testimony earlier, correct?

11

postcard. It's captioned "The new South Carolina photo

12

A.

12

identification requirements." Do you see that?

13

A.

Yes.

14

Q.

And this is part of this postcard again?

15

A.

This is. This is the portion that will educate those

16

voters or notify those voters of the five approved forms of ID

17

that can be used to vote. And then it also gives them

18

information about reasonable impediment and that they don't need

19

a photo ID if they're going to vote absentee by mail.

That's similar to the procedure you discussed in your

Yes.
HON. COLLEEN KOLLAR-KOTELLY: If this is a good time

15

MR. BOWERS: Sure. Yes, Your Honor.

16

HON. COLLEEN KOLLAR-KOTELLY: So 20 of 4:00?

03:44PM

(Recess from 3:27 p.m. to 3:41 p.m.)

18
19

03:44PM

to stop, why don't we take our afternoon break.

17

HON. COLLEEN KOLLAR-KOTELLY: All right. Good


afternoon again.

Then, as you're aware, there's one more side to the

20

MR. BOWERS: Good afternoon.

20

Q.

When was this latest language developed?

21

HON. COLLEEN KOLLAR-KOTELLY: All right. Go ahead.

21

A.

Within the last month.

22

MR. BOWERS: Ready to proceed?

22

Q.

Is this a revision of the initial draft?

23

HON. COLLEEN KOLLAR-KOTELLY: Yes.

23

A.

It is a revision, and it's, because of some questions that

24

were asked during depositions, we went back and took another

25

look at it and realized we needed to make a few changes.

24
03:41PM

03:44PM

11

14

03:41PM

So those are the failsafe, and that's an administrative

10

13
03:27PM

238

25

03:44PM

MR. BOWERS: Thank you, Your Honor.


BY MR. BOWERS:

19 of 59 sheets

03:45PM

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239

03:45PM

03:45PM

03:45PM

03:46PM

Q.

You mean questions raised during your depositions?

end? Will there be a time when people won't be able to get a

A.

Yes.

photo voter registration card?

Q.

How many depositions did you have?

A.

No. It will be an ongoing process.

A.

Four.

Q.

Even on election day?

Q.

Four in this case?

A.

Even on election day.

A.

Yes.

Q.

Ms. Andino, section 4 of --

Q.

And these were questions raised by whom?

HON. JOHN D. BATES: Are you done with the postcard?

A.

The Department of Justice or the intervenors. I don't

MR. BOWERS: I am.

remember for sure.

HON. JOHN D. BATES: Then don't take it off. Would

03:48PM

10

Q.

Who made the decision to make these revisions?

10

you focus us on whatever explanation is given on this postcard

11

A.

I did.

11

about reasonable impediment, please? In other words, what tells

12

Q.

Who approved them?

12

the voter if they show up without one of the required IDs,

13

A.

I did.

13

what's then going to happen, and what are they going to be

14

Q.

Do you believe you had the authority to make those

14

asked, or how does the reasonable impediment process work? Is

15

revisions and approvals?

15

there some explanation given?

16

A.

Yes. It's part of the day-to-day operations of the agency.

16

THE WITNESS: It doesn't use the term "reasonable

17

Q.

In terms of implementation and making the IDs available to

17

impediment." It just says if they do not present the ID at the

18

folks that don't have them, describe the procedure for obtaining

18

polls, they may cast a provisional ballot.

19

a voter registration card with a photo ID on it, please, ma'am.

20

A.

21

03:48PM

03:49PM

19

HON. JOHN D. BATES: In your view, since this is a way

20

to more uniformly, if you will, reach most people, or a large

ID and they want to get a voter registration card that has a

21

percentage of the people who may show up without one of the

22

photo, they can go to the voter registration office, or if the

22

required IDs, would it be better to include the kind of

23

bus is in their area, they could go there as well.

23

explanation that you've provided today, that the poll watchers

24

will be told? Would it be better to include that in the

25

postcard to the actual voters so they all get the same message?

24
03:46PM

241

25

Any voter that does not have one of the approved forms of

03:49PM

They would just simply have to present information or


identification to prove who they are -- and that could be their

03:50PM

240

03:47PM

03:47PM

03:47PM

03:48PM

03:48PM

242

old voter registration card without the photo -- and then the

county would take the picture and give them another copy of the

voter registration card, and this one would have the photograph.

The copies that the county would produce would be on heavy card

stock just as they are now, and we will send a plastic card, a

more permanent card, out from my office.

necessary, we'll certainly do that. We were just limited by

Q.

Then how often will that be updated, that card? Are you

space.

aware of any requirements to renew a South Carolina driver's

HON. JOHN D. BATES: But ultimately it's your

license, for example?

decision, right, in terms of whether everyone decides it's

03:50PM

THE WITNESS: I think so. We've just been limited by


space on here is why it's in the format that it is.
HON. JOHN D. BATES: And therefore you don't think the
postcard will include any explanation of "reasonable impediment."

10

A.

11

I'm not sure if it's five or 10 years now. But the voter

11

THE WITNESS: Right.

12

registration card would be permanent.

12

HON. COLLEEN KOLLAR-KOTELLY: I have a quick question.

13

Q.

Including the photograph?

13

If you have a current driver's license that has been suspended

14

A.

Including the photograph.

14

at the time that the person goes to vote. So it's listed as

15

South Carolina driver's licenses do have to be renewed.

03:50PM

10

THE WITNESS: You know, if everyone feels like that's

necessary, you're the one who decides that, right?

15

current, it's suspended -- say it's suspended for 30 days. Will

16

never mind. Go ahead.

16

the person be able to vote using that photo ID?

17

BY MR. BOWERS:

17

18

Q.

18

that license is suspended if they still have it. So they would

19

acquire the photograph equipment, will the -- when will the

19

be permitted to vote.

20

county commissions make photo IDs available?

21

A.

22
23
24

available.

25

Q.

HON. JOHN D. BATES: Which means that they -- well,

03:50PM

If R54 is precleared and you have sufficient time to

03:51PM

THE WITNESS: We wouldn't have any way of knowing that

20

HON. JOHN D. BATES: But if it's expired -- in other

21

words, beyond the expiration date of the license, then they

ready to start taking pictures, which should be in just a few

22

would not be able to use that.

weeks. The vendor has assured us that the cameras are readily

23

As soon as they receive the camera equipment and they're

When will that process end, if it will? Will that process

08/28/2012 10:15:12 PM

24
03:51PM

25

Page 239 to 242 of 325

THE WITNESS: Right, because then it would not be


current.
HON. COLLEEN KOLLAR-KOTELLY: Does the postcard tell

20 of 59 sheets

243

03:51PM

them that it has to be a current one as opposed to something

government?

that's expired? It just says driver's license. I didn't look

A.

whether the rest of it somewhere tells them that if it's

expired, they can't use it, that it has to be current.

whatever number among the 20,000 poll watchers that are actually

working on election day, that none of them would be asking

people whether their license was valid or whether their license

was suspended?

5
6

THE WITNESS: No. It talks about bringing the current

HON. JOHN D. BATES: Would it be better right at the

top in the list of five items to say, "valid and current South

Carolina driver's license"? Since that's what the statute

10

actually requires.

11

03:52PM

03:52PM

03:54PM

10

Yes.
HON. JOHN D. BATES: So are you confident that the --

THE WITNESS: I think that they will ask for the forms
of ID, and we don't ask them or tell them to ask if it's valid
or current or suspended or has been revoked.

11

THE WITNESS: Yes. I believe so.

HON. JOHN D. BATES: You don't give out guidance to do

12

BY MR. BOWERS:

12

13

Q.

And Ms. Andino, is this postcard not a work in progress?

13

14

A.

It is a work in progress. We won't produce them until we

14

to ask.

15

have the combined file. So we could make that change.

15

BY MR. BOWERS:

16

Q.

Do you have the opportunity to include that language?

16

Q.

17

A.

Yes.

17

obtaining a photo voter registration card if you didn't already

18

have an acceptable form of ID. What if you don't have -- what

19

if you're not registered to vote? Or let's say you're

20

registered to vote but don't have a voter registration card, you

03:54PM

so, but you don't give guidance not to do so either.


THE WITNESS: No. We tend to tell them what questions

Ms. Andino, a moment ago you were testifying with regard to

18

HON. COLLEEN KOLLAR-KOTELLY: So from your

19

perspective, the statute talks about valid, but you wouldn't

20

consider someone who has a suspended license as -- they would

21

still be considered to have a valid driver's license for voting

21

lost it. What do you need to do to get a photo voter

22

purposes?

22

registration card?

23

A.

24

identification that are outlined in the Help America Vote Act, a

25

photo ID, a government-issued document, a bank statement, a

23
03:52PM

03:54PM

voter registration card.

03:52PM

245

03:55PM

THE WITNESS: The purpose of the identification is to

24

make sure that the person who presents themselves at the poll is

25

indeed the person who is standing there. And our poll

03:55PM

The counties would require one of the forms of

244

03:53PM

managers -- and we would not have any way of knowing if the

power bill, something to establish that that is the person. And

license had been suspended. And if it was suspended, that would

that hasn't changed in the current process.

not prevent them from voting ordinarily. So, you know, it's

something we wouldn't know and we would allow.

before I take it down?

BY MR. BOWERS:

HON. JOHN D. BATES: What if you did know? What if


someone said, well, I have a driver's license, but my driver's

Q.

license is actually suspended now. Could they use that or is

is the provision that requires a free photo voter registration

that not a valid license under the statute?

card to be issued. Will it in fact be free?

A.

Yes, it will.
If Section 4 of the act is precleared prior to Section 5,

THE WITNESS: I think it's a valid license if it was


issued by the South Carolina Department of Motor Vehicles. And

10

Q.

11

again, we wouldn't have any way of knowing if it was suspended.

11

which is the photo ID requirement itself, what if anything will

12

So as long as it had not expired, they would be able to cast a

12

you and the commission do to begin implementation of Section 4?

13

ballot.

13

A.

14

the camera equipment, the computers, and the printers, and have

15

them installed in counties and begin producing voter

16

registration cards with photos.

17

Q.

18

implementation of R54. Do you have adequate funding?

19

A.

15
17

thing if it had been revoked but they still had their license?

03:56PM

THE WITNESS: Yes, because we wouldn't have any way of


knowing that it had been revoked.

18

HON. COLLEEN KOLLAR-KOTELLY: So in terms of the

19

driver's license, only if it's expired would it be something

20

that wouldn't be considered valid and current; is that correct?

21

03:53PM

03:56PM

HON. COLLEEN KOLLAR-KOTELLY: Would you say the same

16

03:53PM

Ms. Andino, Section 4 of R54 is, I will represent to you,

10

14
03:53PM

03:55PM

MR. BOWERS: Any more questions about this exhibit

9
03:53PM

246

03:57PM

THE WITNESS: That's right.

20

If Section 4 is precleared, then we will immediately order

Tell the Court about funding, about the funding for the

Yes, we do.
HON. JOHN D. BATES: It sounds like you're willing to

21

spend the money. If Section 4 were precleared without the Court

22

BY MR. BOWERS:

22

deciding on the other sections, you're saying that you would

23

Q.

23

then expend the money to buy the camera equipment, even given

24

is it your belief that the validity of a South Carolina driver's

24

the possibility that the Court might not preclear the remaining

25

license is determined by, what, the fact it was issued by the

25

provisions of the statute?

21 of 59 sheets

So, Ms. Andino, to follow up on that line of questioning,

03:57PM

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247

03:57PM

03:57PM

03:58PM

03:58PM

understood the changes that had taken place.

it's law and we would be required to issue voter registration

Q.

cards with photographs.

of the ID. Do you know whether current law requires the

BY MR. BOWERS:

identification to be valid?

Q.

A.

I believe it just says a South Carolina driver's license.

asking about valid ID, to your knowledge, do the poll workers

Q.

Let me refresh your memory of the statute. This is -- I'll

currently ask that question: is the driver's license valid?

represent to the Court that this is part of Plaintiff's Exhibit

A.

No. 3. The first Bates numbered page of Plaintiff's Exhibit 3

card, a South Carolina driver's license, or an ID issued by

is South Carolina 00078671, and this is page 88574.

Going back to some of the questions that the Court was

04:01PM

Currently voters can produce either a voter registration

10

South Carolina DMV. So they ask for identification now, yes.

11

Q.

12
13

04:02PM

10

I want to go back one final time to the issue of validity

Ms. Andino, I want to draw your attention in this to

11

Section 7-13-710(A). Do you see that?

them or instruct them in any way to ask if the ID is valid?

12

A.

Yes.

A.

No.

13

Q.

Are you familiar with the strike-and-insert process for new

14

Q.

I want to ask you briefly about your experience with

14

language in legislation?

15

implementation of new laws. I think you testified earlier with

15

A.

I am.

16

regard to the bus that you have experience. Please tell the

16

Q.

So when language is underlined in a bill like this, what

17

Court about your experience with implementation back in, I think

17

does that mean?

18

you said '04, '05.

18

A.

It's new.

19

A.

19

Q.

When language has a line stricken through the middle of it,

20

HAVA. That was the second large federal bill that the state had

20

what does that mean?

21

implemented. Years before we had implemented the National Voter

21

A.

It's being removed.

22

Registration Act and I coordinated with the agencies that are

22

Q.

And when language is just plain, what does that mean?

23

voter registration locations.

23

A.

It's existing.

24

Q.

Do you see the word "valid" there in the first sentence of

25

7-13 -710(A)?

24
03:59PM

249

THE WITNESS: Yes. Once that section is precleared,

25

But do they ask if it's valid? Does your guidance direct

04:02PM

In 2003 and 2004, we implemented the Help America Vote Act,


04:02PM

But specifically in implementing HAVA, we put together a


state planning committee, and the state planning committee

04:03PM

248

03:59PM

determined how the funds received from the federal government

A.

Yes.

would be used. The bulk of the funds that South Carolina

Q.

How is that word characterized? Is it underlined, stricken

received were used to purchase an electronic voting system to be

through, or plain?

used statewide. All 46 counties use the same system in South

A.

It's plain.

Carolina.

Q.

So does that mean it's current law?

03:59PM

04:00PM

04:00PM

04:00PM

250

04:03PM

A.

It does.

and we had to release a second one in 2004, and the final award

Q.

This is also, for the record, joint appendix No. 000455.

did not become effective until 89 days prior to the general

Ms. Andino, I promise I'm going to wrap up soon. I want to ask

election. So we were implementing a new voting system in 15

you about office hours of the various county election offices.

The equipment was purchased. We released an RFP in 2003,

10

counties in 89 days. That is when we reached out to Chernoff

10

What are the typical hours during the year of the voter

11

Newman, actually. We did another request for proposal and

11

registration offices?

12

evaluated bids and an award was made to Chernoff Newman to

12

A.

13

assist us in educating voters. And that award was effective 63

13

open during courthouse hours. So typically that's 8:30 to 5:00.

14

days prior to the general election. So we had a very short time

14

It may be 9:00 to 5:00 or 8:00 to 5:00, but typically around

15

frame, and it was imperative that we use outside help to

15

8:30 to 5:00.

16

communicate those changes to the voters.

16

Q.

17

Q.

17

season?

18

implementation given that short time frame?

18

A.

Yes, it does.

19

A.

19

Q.

Tell the Court how that changes, please, ma'am.

20

into the polling place, that they would not need to go through

20

A.

Counties are open additional hours, mainly to accommodate

21

the demonstration process of the new voting machines, and we

21

absentee voting. Since the National Voter Registration Act was

22

were successful. Poll managers across the state reported that

22

implemented, the voter registration process is distributed over

23

when voters came in, they said, no, I've already seen the

23

12 months of the year, so they don't get the long lines to

24

machine. And we had a successful election. We did not have

24

register like they once did. But the main purpose now for the

25

delays at the polling place because voters and poll workers both

25

extended hours would be for absentee voting.

04:03PM

04:04PM

How would you characterize the success of that

It was very successful. Our goal was when the voter walked

08/28/2012 10:15:12 PM

04:04PM

04:04PM

Page 247 to 250 of 325

The law requires county voter registration offices to be

Does that change at all during what I'll call election

22 of 59 sheets

251

04:05PM

04:05PM

04:05PM

04:06PM

04:06PM

253

Some counties stay open later at night to accommodate

one of the four depositions that is?

people who work until 5 o'clock, and then we also suggest, and

MS. MEZA: The binder contains all four depositions.

we do this prior to every statewide election, that counties are

MR. BOWERS: Thank you.

open at least one of the two Saturdays prior to the general

election. And if this year is anything like it was in 2008,

BY MS. MEZA:

they'll be open both days.

Q.

Q.

experience in election administration in South Carolina; is that

election day?

correct?

A.

Yes.

A.

That's correct.

10

Q.

In your experience, on general election days, tell the

10

Q.

And under South Carolina law, you were selected as

11

Court, please, how many of the counties hold office hours on at

11

executive director by the five-member State Election Commission

12

least one Saturday before election day?

12

and are directly responsible to the members of the commission;

13

A.

13

is that right?

14

they're all open at least one, and most of them are open both.

14

A.

That's right.

15

Q.

Does that allow people to vote absentee on the Saturday?

15

Q.

Ms. Andino, I'd like to begin with a few questions

16

A.

It allows them to vote absentee and also come in and update

16

regarding local county boards of registration and election

17

their address on the voter registration card.

17

commissions. There are boards of registration and election

18

Q.

18

commissions in all 46 counties of the state, right?

19

mentioned earlier, I believe, an intranet site where election

19

A.

Yes.

20

officials can communicate. Can you tell the Court what that's

20

Q.

And county boards of registration and election commissions

21

called?

21

are legal entities that are separate and apart from the State

22

A.

It's called ElectionNet, and we implemented -- the State

22

Election Commission; is that right?

23

Election Commission implemented ElectionNet in, I believe it was

23

A.

Yes.

24

2006 as a way to quickly communicate with our counties. And

24

Q.

The State Election Commission has no authority to require

25

today it's the primary way that we communicate with counties.

25

local county boards of registration and elections to act in any

04:08PM

When you say both days, you mean both Saturdays prior to

04:08PM

If it's a busy election, a general election, I think

04:08PM

Ms. Andino, this is sort of a cleanup question, but you

04:08PM

04:09PM

EXAMINATION

Good afternoon. Ms. Andino, you have about 25 years of

252

04:06PM

04:07PM

Q.

particular way or to follow or adopt procedures developed by the

access to ElectionNet?

commission; is that correct?

A.

No. You have to have a user ID and login, and it's

A.

In most cases, yes.

exclusively for the election community. We have about 400

Q.

You have no legal authority to require local boards to act

users.

in any way?

Q.

Who controls that access?

A.

We have authority to promulgate regulations in some areas.

A.

The State Election Commission, staff in my office.

Q.

But that wasn't the question. The question is whether you

Q.

How many people is it that have access to it?

have the authority to compel local county boards to act in a

A.

Approximately 400.

certain way or implement procedures in a certain way?

10
11

04:07PM

04:09PM

MR. BOWERS: Okay. Beg the Court's indulgence just

04:09PM

That's all the questions I have. Please answer the

10

A.

No, we don't.

11

Q.

In the same way the commission has no authority to direct

12

county boards to refrain or cease from acting in any particular

13

questions of the Department of Justice or the intervenors.

13

way; is that correct?

14

Thank you, Ms. Andino.

14

A.

That's right.

15

Q.

And is it also true that the State Election Commission has

16

no authority to penalize county boards for any violations of

15

THE WITNESS: You're welcome.

16

HON. COLLEEN KOLLAR-KOTELLY: All right. This is a

04:09PM

17

witness that is everybody's -- at least Department of Justice's

17

state law or noncompliance with the State Election Commission's

18

witness as well. So I don't know if you want to do Department

18

procedures?

19

of Justice first and then Mr. Beeney. So it's a combination of

19

A.

That's true.

20

cross and direct.

20

Q.

In a general election, you testified that there are

21

approximately 2,100 polling places throughout the state; is that

21

04:08PM

Is the general public -- does the general public have

for a moment.

12

04:07PM

254

04:10PM

MS. MEZA: Good afternoon. Catherine Meza on behalf

22

of the United States. Can I approach the witness, Your Honor,

22

right?

23

and hand her her deposition?

23

A.

Yes.

24

Q.

And the State Election Commission provides an online poll

25

manager training program and supplies counties with training

24

HON. COLLEEN KOLLAR-KOTELLY: Yes.

25

MR. BOWERS: Pardon my interruption. May I ask which

23 of 59 sheets

04:10PM

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255

04:10PM

04:10PM

04:11PM

04:11PM

04:11PM

257

materials; is that right?

A.

A.

Yes.

election laws subcommittee.

Q.

The election commission provides the training materials so

Q.

that there's consistency among the 46 counties, correct?

correct?

A.

Yes.

A.

Yes. The members at that time.

Q.

However, the State Election Commission doesn't directly

Q.

So it's Alan Clemmons, Bakari Sellers, Jenny Horne, Wendy

train poll managers; is that right?

Nanney and Karl Allen, correct?

A.

In most cases, no.

A.

Yes.

Q.

What do you mean, in most cases?

Q.

And you recall that the results of the matching of the DMV

10

A.

We do go out and do poll manager training if we're

10

and voter registration databases showed that there were a total

11

requested by a county.

11

of 178,175 registered voters without a driver's license or a

12

Q.

12

DMV-issued ID, correct?

13

themselves will do the direct training of poll managers?

13

A.

Yes.

14

A.

Right. We tend to train about five or six each year.

14

Q.

And the January 2010 report provided a breakdown of that

15

Q.

And for any given statewide election, the state could have

15

data by county, right? If we actually go to the third page of

16

up to 20,000 poll managers, correct?

16

the document, but it was the second page of the attachment of

17

A.

Yes.

17

the e-mail.

18

Q.

And you would agree with me that uniformity in how a law is

18

19

interpreted and procedures are implemented in all counties by

20

all poll managers is important, yes?

21

A.

22

Q.

23

guaranteeing that any procedures or standards that it

24

disseminates will be implemented in a consistent manner by all

25

poll managers, correct?

04:13PM

04:13PM

But that's not a regular occurrence; usually the county

04:14PM

Yes. It's an e-mail from me to the members of the House

And that includes all the members of the subcommittee,

So the report provided a breakdown by county, correct?

19

A.

That's correct.

20

Q.

And the next page shows that there was also a ranking of

Yes.

21

the counties from highest to lowest based on the percent of

However, the State Election Commission has no way of

22

voters without a driver's license or DMV-issued ID, correct?

23

A.

Yes.

24

Q.

And it also provided a breakdown by age and by race, and

25

those are the last two pages?

04:14PM

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256

04:12PM

04:12PM

04:12PM

04:12PM

A.

That's correct.

A.

That's correct.

Q.

Ms. Andino, I'm going to move on to some questions about

Q.

During the subcommittee hearings on 3418, there was

H.3418. You recall that H.3418 was the photo voter ID bill that

testimony indicating that requiring photo voter ID would

was introduced during South Carolina's 2009-2010 legislative

disenfranchise voters; is that correct? Do you remember

session, yes?

testimony indicating that the law might disenfranchise voters --

A.

Yes.

a voter ID law would disenfranchise voters?

Q.

And during consideration of H.3418, the election commission

A.

Yes.

compiled data on the number of registered voters without a

Q.

And you compiled and disseminated this January 2010 report

driver's license or DMV-issued identification; is that correct?

to the members of the subcommittee because you wanted to provide

04:15PM

10

A.

Yes.

11

Q.

And in order to come up with this number, the DMV database

10

data to show the number of people that this legislation could

11

potentially affect, correct?

12

was matched with the state's voter registration database; is

12

A.

That's correct.

13

that correct?

13

Q.

And no members of the House subcommittee or others that

14

A.

That's correct.

14

received the data indicated that it wasn't accurate; is that

15

Q.

And the election commission released their report based on

15

right?

16

this data analysis in January 2010, correct?

16

A.

17

A.

Yes.

17

accurate.

18

Q.

And without receiving any specific requests to do so, you

18

Q.

19

sent the report to members of the election laws subcommittee of

19

during consideration of H.3003, which is the photo voter ID law

20

the House Judiciary Committee; is that right?

20

that was introduced during the 2011-2012 legislative session,

21

A.

21

correct?

22

A.

That's correct.

23

Q.

And you provided that same 2010 report to any members of

24

the General Assembly who requested the data during consideration

25

of 3003, correct?

22

04:13PM

258

04:15PM

04:15PM

04:16PM

I believe so.
MS. MEZA: Can we please pull up on the screen U.S.

23

Exhibit 208.

24

BY MS. MEZA:

25

Q.

Do you recognize this document, Ms. Andino?

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Page 255 to 258 of 325

No one contacted me saying that they did not believe it was

And Ms. Andino, you were also involved in the process

24 of 59 sheets

259

04:16PM

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04:17PM

04:17PM

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261

A.

Yes, and members of the public or anyone who asked for it.

A.

Yes.

Q.

And H.3003 was passed and ratified as Act R54, correct?

Q.

So newly registered voters who register to vote and obtain

A.

Yes.

the photo voter registration card on election day would not be

Q.

Now we'll turn to Section 4 of Act R54. Under Section 4,

able to use it for that day's election, correct?

as you reviewed with Mr. Bowers, the election commission is

A.

Would you repeat that, please?

required to implement a system that issues photo voter

Q.

Sure. So a newly registered voter that goes into a county

registration cards, correct?

board on election day and receives a photo voter registration

A.

Yes.

card wouldn't be able to use it on that day, correct?

Q.

And before adding that provision to the bill, no one asked

A.

04:19PM

Not a person registering on that day, no.

10

for your input regarding the election commission's capacity to

11

produce that card; is that right?

11

12

A.

That's correct.

12

13

Q.

And you, as you testified already, you've prepared

13

days prior.

14

procedures for implementation of an election commission photo

14

BY MS. MEZA:

15

voter registration card, correct?

15

Q.

16

A.

Yes.

16

the 46 county boards of registration and elections, correct?

17

Q.

And you and Mr. Chris Whitmire, the State Election

17

A.

Yes.

18

Commission's director of public information and training,

18

Q.

And under current law, an applicant who registers to vote

19

drafted those procedures, right?

19

by mail, for instance, would be able to receive their non-photo

20

A.

Yes.

20

voter registration card through the mail; is that right?

21

Q.

And when drafting those procedures, you didn't review or

21

A.

Yes.

22

rely on any specific studies regarding voter identification or

22

Q.

And you also just told us that South Carolina will now have

23

election procedures; is that right?

23

online voter registration, so those people under the current law

24

A.

No. We don't have any studies about that.

24

would also receive their voter registration card by mail ; is

25

Q.

And you didn't rely or research any, did you?

25

that right? Or through the Internet, I'm assuming. They might

04:19PM

04:19PM

04:20PM

04:20PM

10

HON. JOHN D. BATES: Is that true under the current


law as well?
THE WITNESS: It is. You have to be registered 30

And the photo voter registration card will be available at

260

04:18PM

04:18PM

04:18PM

04:18PM

04:18PM

262

A.

No.

be able to print it out. How does that process work?

Q.

And these procedures are subject to change, correct?

A.

A.

Once it's implemented, if we find out that there's

have to be a licensed driver or have an ID issued by DMV, so we

something in there that's not accurate or if there's a more

would be able to produce the voter registration card with the

efficient way, then we would change the procedures.

photograph for those people.

Q.

Q.

didn't review these procedures; is that right?

mentioned previously during your testimony that South Carolina

A.

No. They don't typically review procedures.

is about to implement online voter registration?

Q.

But they didn't review these procedures; is that right?

A.

10

A.

No.

11

Q.

And the election commission didn't formally adopt the

12

04:20PM

And the commissioners of the State Election Commission

In order to use the online voter registration process, you

Well, right now I'm talking about under current law. You

That's right. We're awaiting DOJ preclearance so there

10

isn't an online voter registration provision in current law.

11

Q.

procedures as final, correct?

12

receive -- what are the plans? Would they then receive that

13

A.

No. They don't adopt procedures.

13

card through the mail?

14

Q.

Again, but they didn't adopt these specific procedures,

14

A.

Yes.

15

correct?

15

Q.

So if a person either registers to vote by mail or online,

16

A.

No.

16

they would never have to travel to a county board of elections

17

Q.

And these are the procedures that the State Election

17

office; is that right?

18

Commission will disseminate to county boards, correct?

18

A.

That's correct.

19

A.

That's correct.

19

Q.

And under Act R54 to obtain a photo voter registration

20

Q.

Will the county boards be able to issue the photo voter

20

card, a voter would have to travel to a county board; is that

21

registration card on election day?

21

right?

22

A.

Yes.

22

A.

If they don't have one of the approved forms of ID, yes.

23

Q.

And in order to vote in any specific election, a voter must

23

Q.

Well, if the purpose was to go get a photo voter

24

be registered 30 days previous to the date of that election; is

24

registration card, the only place they could get it would be at

25

that right?

25

the county board office, correct?

25 of 59 sheets

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But nonetheless, someone who registered online would then

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263

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265

A.

That's correct, or the DMV if they get the ID card. But

have enough time for the bus to reach all 46 counties before the

the photo voter registration card would only be issued at voter

November 2012 election; is that correct?

registration offices and satellite offices.

A.

It would be highly unlikely.

Q.

Q.

Ms. Andino, now I would like to turn to the reasonable

the county where they reside; is that correct?

impediment provision of Act R54. That provision gives county

A.

Yes.

boards discretion to decide whether or not to count a

Q.

And county board offices are usually located in the county

provisional ballot if they have grounds to believe the

seat, correct?

reasonable impediment affidavit is false, correct?

A.

Yes.

A.

10

Q.

And currently there are no plans for the State Election

10

impediment affidavit is false.

11

Commission or local county boards to provide transportation to

11

Q.

But they have that discretion to decide whether or not --

12

voters who cannot travel to their local county board of

12

A.

Yes.

13

elections office, correct?

13

Q.

-- to count the ballot?

14

A.

14

A.

Yes.

15

previously.

15

Q.

During your deposition you testified that local county

16

Q.

16

officials raised concerns about terminology in Act R54 and

17

have plans to do that, correct?

17

relayed to you that they didn't know how to interpret the

18

A.

No.

18

reasonable impediment provision, correct?

19

Q.

And local county boards don't have plans to do that,

19

A.

Yes.

20

correct?

20

Q.

And you also testified that you agreed with those concerns,

21

A.

Not to my knowledge.

21

correct?

22

Q.

You also just told us, and you previously testified in

22

A.

23

deposition that the election commission is planning to use a bus

23

office for guidance.

24

as a mobile provider of the photo voter registration card; is

24

Q.

25

that right?

25

it lists three different examples of possible reasonable

And voters would only be able to go to the county board of


04:25PM

04:25PM

That's correct. The Department of Motor Vehicles did that


04:25PM

But there are no plans. The election commission doesn't

04:25PM

04:26PM

If there's evidence presented saying that the reasonable

That's right. That's why I asked the Attorney General's

And we just discussed the Attorney General's opinion, and

264

04:23PM

04:23PM

04:23PM

04:24PM

04:24PM

266

A.

Yes.

impediments, correct?

Q.

And the election commission only has one bus for this

A.

Yes.

purpose, correct?

Q.

What were those three examples again?

A.

Yes.

A.

A person not having a birth certificate, a physical

Q.

And during one of your depositions you testified that you

disability, or a short time frame in between preclearance and

have not determined what dates the bus will be in operation; is

implementation.

that correct?

Q.

A.

opinion provides no other examples that could be considered a

dates.

reasonable impediment, correct?

04:26PM

No. We're awaiting preclearance before we determine the

And outside of those three examples, the Attorney General's

10

Q.

10

A.

That's correct.

11

and the bus is operational, whether that would be indefinite?

11

Q.

And the guidance that the election commission prepared this

12

A.

12

month also lists those same three examples, correct?

13

scheduled for other purposes.

13

A.

Yes, with a note that it's not an all-inclusive list.

14

Q.

14

Q.

And you testified about a lack of transportation

15

would be an ongoing thing that the bus would be available to

15

constitutes a reasonable impediment, correct?

16

provide the photo voter registration cards?

16

A.

Yes.

17

A.

17

Q.

Were you aware that Senators Martin and Cleary, who were

18

since 2004, and we don't have any plans to discontinue that.

18

both deposed in this case, testified that a lack of

19

Q.

19

transportation does not constitute a reasonable impediment?

20

registration cards.

20

A.

No.

21

A.

21

Q.

Given that there are inconsistencies between your

22

program, and we would continue to do that as long as it was

22

interpretation and the interpretation of supporters of Act R54

23

necessary.

23

regarding what a reasonable impediment means, would you agree

24

Q.

24

that it's possible that county officials and poll managers in

25

if Act R54 is precleared in September or October, you wouldn't

25

the state's 46 counties will have differing interpretations of

But at this point you don't know whether, if implemented

04:26PM

We have the bus, and it's available. It's not been

But you have no plans as of now whether or not like this


04:26PM

We've been doing voter education and outreach with the bus

But I'm asking specifically about it providing photo voter


04:27PM

If it's precleared, that would become part of our outreach

Okay. And during your deposition you also testified that

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267

04:27PM

04:27PM

04:28PM

Q.

And as of today and over the course of 25 years of your

MR. BOWERS: Objection. Calls for speculation.

time at the election commission, including nine years as the

HON. COLLEEN KOLLAR-KOTELLY: No, I'll allow it.

executive director, would it be fair to say that you are aware

THE WITNESS: I think it's up to the voter to

of no instance where it has been determined and confirmed to

determine if they have a reasonable impediment.

your satisfaction that anyone has attempted to impersonate a

BY MS. MEZA:

voter at the polls?

Q.

A.

to count that ballot based on their interpretation, or based on

election commission previously I would not have been in a

their belief as to whether or not that voter's reasonable

position to know if those issues were raised.

04:30PM

But the county boards will have discretion whether or not

10

impediment is valid, correct?

11

A.

12
13

Yes, that's true, but many of the years that I was with the

10

Q.

11

election commission you never heard of a credible case of voter

there's evidence presented saying that the affidavit is not

12

impersonation fraud, correct?

correct or is not true, that the affidavit is false.

13

A.

That's correct.

14

Q.

You also testified that you are not aware of any type of

04:31PM

Only unless -- I mean, they will count the ballot unless

HON. JOHN D. BATES: I guess the question is this, or

Nonetheless, in the entire time of your tenure at the

15

one question: If a county official, poll watcher or whatever,

15

fraud, whether impersonation fraud or other voter fraud, that

16

has your guidance on what is a reasonable impediment, but has

16

would be prevented by a photo voter ID law like Act R54,

17

also heard from their neighbor who is the Republican county

17

correct?

18

chairman, that has the same view as some of these other

18

A.

That's true.

19

legislators, that lack of transportation is not a reasonable

19

Q.

And is it your opinion that even if a photo voter ID law

20

impediment, how do you know that the county official won't

20

was implemented, if a person was determined to commit voter

21

follow that guidance instead of your guidance?

21

fraud, they could find a way to do so?

22

A.

23

they would find a way, yes.

24

Q.

25

Election Commission conducted a post-election survey of voters.

22

04:29PM

14
04:28PM

269

what constitutes a reasonable impediment?

04:31PM

04:32PM

THE WITNESS: Counties look to our office for guidance

23

and don't usually follow guidance of political parties or

24

others. But, you know, if it's an issue, we could certainly go

25

back and ask for clarification in the legislation. But from the

04:32PM

I believe that if a person wants to commit voter fraud,

Following the 2004 and 2006 general elections, the State

268

Attorney General's opinion, I believe that transportation could

Do you recall those surveys?

be a reasonable impediment, and that's what I'll communicate to

A.

Yes, I do.

the 46 counties.

Q.

According to the results of those post-election surveys in

2004 and 2006, voters expressed a high level of confidence in

the election system in South Carolina, correct?

4
04:29PM

It was my understanding that the General Assembly left the

language intentionally broad so that they did not have to come

up with a specific list. So this is the first that I've heard

A.

Yes.

that they don't believe transportation is a reasonable

Q.

In fact, 80 to 90 percent of the respondents reported that

impediment.

they were very confident in South Carolina's electoral system;

is that right?

9
04:29PM

04:30PM

04:30PM

04:30PM

270

04:32PM

HON. JOHN D. BATES: I think the question was only --

10

not speaking for the entire General Assembly.

10

A.

That's correct.

11

BY MS. MEZA:

11

Q.

And you have no reason to believe that the high level of

12

Q.

12

voter confidence in the state's election system has changed

13

conducted a survey of the state's 46 county boards asking

13

since that time, correct?

14

whether the county board offices had "received any evidence of

14

A.

15

any instance of voter identification fraud during the 2010

15

any reason to believe it has changed.

16

calendar year." Do you recall that survey?

16

17

A.

I do.

17

18

Q.

Is it true that 43 of the 46 counties responded to the

18

THE WITNESS: You're welcome.

19

survey?

19

HON. COLLEEN KOLLAR-KOTELLY: All right. Mr. Beeney.

20

A.

I believe so.

20

MR. BEENEY: Thank you, Your Honor.

21

Q.

And of the 43 counties responding, they all reported that

22

they had not received any evidence of any instance of voter

22

BY MR. BEENEY:

23

impersonation fraud during the 2010 calendar year; is that

23

Q.

Good afternoon, Ms. Andino.

24

correct?

24

A.

Good afternoon.

25

A.

25

Q.

Ms. Andino, in two hours you've rewritten R54. You really

27 of 59 sheets

04:32PM

Ms. Andino, in January 2011 the State Election Commission

I believe so, yes.

04:33PM

04:33PM

2006 was the last time we did the survey, but I don't have

MS. MEZA: I have no further questions. Thank you,


Ms. Andino.

21

04:33PM

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EXAMINATION

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271

04:33PM

04:34PM

04:34PM

04:34PM

04:35PM

273

have, haven't you?

and if they say yes, they will get a provisional ballot, and if

A.

I don't believe so.

they say no, I just didn't want to, then they won't. So it's

Q.

Then I think I must have misunderstood you. So did I

the voter by answering the question "no."

correctly understand that you think the state of South Carolina

Q.

is asking preclearance for a photo ID law that allows anyone to

the voter says, yes, I suffered from a reasonable impediment; I

vote without a photo ID as long as I say, honestly, I didn't

didn't feel like it.

feel like getting one?

A.

A.

I didn't say that.

affidavit. They're swearing to what they're saying is true.

Q.

Am I correct, though? Is that what you're saying?

Q.

10

A.

A person would have to have a reasonable impediment.

11

Q.

But I thought you said it was up to the voter to decide

12
13

04:36PM

But there's a third alternative. The third alternative is

Perhaps that means they were ill and they complete the

But I do understand you to say that if I say yes, I

10

suffered from a reasonable impediment, I didn't feel like it, I

11

think it's a dumb law, the poll manager will not give me a

whether the impediment was reasonable.

12

reasonable impediment affidavit to fill out.

A.

It is up to the voter to decide.

13

A.

If they say, no, I don't have a reasonable impediment?

14

Q.

So if I think it's reasonable that I didn't feel like

14

Q.

No, no, no. I'm saying, yes, I had a reasonable

15

getting one because it's a dumb law, then can I vote?

15

impediment; I think it's a dumb law and I didn't feel like it.

16

A.

I don't think so.

16

Under that scenario, the poll manager will not give me a

17

Q.

Why not?

17

reasonable impediment affidavit because the poll manager will

18

A.

It has to be a reasonable impediment that prevented you

18

decide that what I'm offering is not an impediment that kept me

19

from getting a photo ID. And if you didn't feel like it, that's

19

from getting a photo ID.

20

a personal choice.

20

A.

Yes. It's the poll manager's duty to uphold the laws.

21

Q.

21

Q.

Okay. So can you describe where that dividing line is from

22

reasonable impediment?

22

I didn't feel like it to I wanted to watch the USC game instead

23

A.

23

on the day that I had picked out to get my photo ID? Is that a

24

them, and it's a reasonable impediment that prevented them.

24

reasonable impediment?

25

Q.

25

A.

04:37PM

04:37PM

04:37PM

Okay. So who decides whether the reason I give is a

The voter has to have a reasonable impediment. It's up to

And who decides whether the impediment that I offer is a

04:38PM

As with a lot of laws in South Carolina, there's a lot of

272

04:35PM

04:35PM

04:36PM

04:36PM

04:36PM

274

reasonable one that prevents me?

gray area, and we have to do the best job we can to interpret

A.

the law, and that's why we tend to err on the side of the voter.

they have a reasonable impediment that prevented them from

Q.

getting a photo ID.

telling us that you're giving guidance, and I need guidance. So

Q.

where is the line of when these 20,000 people who work the polls

when Mr. Bowers was asking you questions to say that it's up to

are willing to give me an affidavit to sign so I can vote, or

the voter to decide if their impediment is reasonable. Now it

telling me to get lost?

seems like we're hearing something a little bit different. So

A.

suppose -- maybe we can do it this way: I walk into the polls,

reasonable impediment, they are going to allow you to vote the

The voter has to tell the poll manager that they believe

I understand all that. But I'd understood you on direct

04:38PM

I understand all that, but you're the person here who's

If you as a voter tell the poll manager that you have a

10

I don't have a photo ID, the manager gives me an affidavit, I

10

provisional ballot.

11

put down "I didn't feel like it." Now, you say that vote

11

Q.

But not if I say I didn't feel like it.

12

doesn't get counted. After I write down, "I don't feel like

12

A.

If you say yes, I didn't feel like it, how are they to know

13

it," what happens so that the vote doesn't get counted?

13

that you weren't sick, and that was your reasonable impediment?

14

A.

14

Q.

15

an impediment.

15

had a reasonable impediment, I didn't feel like it, I am going

16

Q.

Who decides that?

16

to get an affidavit? I thought you just told me I wasn't going

17

A.

I don't believe the poll manager would hand them a

17

to?

18

provisional ballot if they said, no, I just didn't want to get a

18

A.

19

photograph.

19

that's not a reasonable impediment, but being ill would be a

20

Q.

20

reasonable impediment.

21

of these 20,000 people at the 2,100 polls would decide this is

21

Q.

Well, I didn't say anything about being ill.

22

not something that's a reasonable impediment that stopped you

22

A.

Well, you said not feeling like it.

23

from getting a photo ID?

23

Q.

So you're expecting the 20,000 people who are working the

24

A.

24

polls, if somebody comes in to say I didn't feel like it, to

25

reasonable impediment that prevented them from getting an ID,

25

think, okay, they must have been ill, so I'll give them an

04:38PM

I think if somebody said I didn't feel like it, that's not


04:39PM

So it's the poll manager that makes that decision. Any one

04:39PM

The poll manager is going to ask the voter if they have a

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04:39PM

Page 271 to 274 of 325

So are you telling me now that if I go in and say yes, I

If you say it's a dumb law you may not get -- you know,

28 of 59 sheets

275

04:39PM

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04:40PM

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277

affidavit? That's the way it works?

A.

affidavit, and take an oath that it's true.

control of the voter. Right?

Q.

A.

Yes.

the county -- I mean, it has to be that the county, each of the

Q.

And are you saying that the county boards are not to make

46 counties has the discretion to look at the reason that's

the determination as to whether the voter's complied with the

given and make a determination as to whether that is a true

law?

impediment, in other words, that it really is something beyond

A.

my control. They have to be able to make that judgment, don't

something wasn't out of their control.

The voter has to write that down on the envelope, on the

Well, it's true I didn't feel like it. Then when I get to

10

they?

11

A.

12
13
14

evidence, and what the law says is grounds, I believe. But

15

let's get out the law. The law says that "the board shall find

16

the provisional ballot is valid unless the board has grounds to

17
18

04:42PM

them from obtaining a photo ID."


So a reasonable impediment has to be something beyond the

Unless the county has a reason, has grounds to believe that

10

Q.

11

of me that says, Mars was made of green cheese that day, so I

evidence that it's not true.

12

didn't get a photo ID. Now, I'm not allowed on the county board

Q.

13

to make a determination as to whether that reason that's being

14

offered was, in the words of the Attorney General, beyond the

15

control of the voter?

16

A.

believe the affidavit is false."

17

that the poll manager is asking, the voter should make that

A.

Okay, grounds.

18

decision.

19

Q.

Is it your testimony that each of these 46 boards is not

19

Q.

20

going to be making a determination as to whether the reason

20

whether to count a reasonable impediment affidavit, as set out

21

that's offered constitutes something that's beyond the control

21

in R54, as interpreted by the Attorney General, to constitute

22

of the voter?

22

something that is within "through no fault of his own," you

23

A.

23

don't think the county board will follow that and make those

24

voter, and unless they have grounds, to count the ballot.

24

determinations? You think the county board will take a

25

Q.

25

reasonable impediment affidavit regardless of whether it's not

04:42PM

The law says they count the ballot unless they have

Well, the law doesn't say that, because you keep on saying

04:43PM

04:43PM

We're going to instruct counties to err on the side of the

But I need an answer to my question. Suppose it's election

04:43PM

So I'm the county board and I've got an affidavit in front

I think the poll manager would -- I mean, in the question

And you don't think that the county boards, in determining

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04:42PM

04:42PM

278

day and suppose we're not in the courtroom, because maybe that's

through the fault of the voter or not?

the problem we're having. I'm the county board and I call you

A.

up and I say, Ms. Andino, I have some affidavits in front of me.

unless they have grounds saying that it's not a reason to

Some of the grounds that are being offered, they may be true,

believe --

but I don't think that they're things that constituted a reason

Q.

beyond the voter's control to get a photo ID. What do I do?

does that include the fact that I'm the county board and I know

What's your answer?

the reason being offered is not something that is not through

A.

I would tell them that the voter obviously believed that

the fault of the voter. The voter says to me, I wanted to wash

they had a reasonable impediment, and they took an oath saying

my hair that day -- maybe that's not a good example for me to

10

that they did, and they should count the ballot.

11

Q.

12

04:44PM

I think they will take the reasonable impediment affidavit

But you keep on saying that. But what I want to get to is,

10

give. But suppose the voter said I wanted to wash my hair that

11

day. Now, I'm on the county board. I know this doesn't fit

isn't it?

12

within the law, because the law tells me, as interpreted by the

13

A.

I don't believe so.

13

Attorney General, that the reasonable impediment has to be

14

Q.

And just to give us some context, the reason the Attorney

14

"through no fault of the voter."

15

General issued an opinion was because some of the counties came

16

to you and said, we don't understand how we're supposed to

16

board, a reasonable impediment affidavit that is contrary to

17

interpret this, and you went to the Attorney General to get some

17

what the Attorney General tells me R54 believes?

18

guidance, right?

18

A.

19

A.

Yes.

19

says because I need to wash my hair, you know, that wouldn't be

20

Q.

And the Attorney General -- and I think this is the

20

outside of the control of the voter.

21

language that Judge Bates pointed out in your guidance. You

21

Q.

22

took the language right out of the Attorney General's letter and

22

don't they?

23

you put it into the guidance, that "it is evident that the

23

A.

24

General Assembly sought to make allowances for those voters who

24

how do you know? That's the question. How do you know what's

25

have a valid reason beyond their control which would prevent

25

beyond the control of an individual voter?

29 of 59 sheets

04:44PM

Now, that's contrary to the Attorney General's opinion,

04:44PM

04:45PM

04:45PM

15

Page 275 to 278 of 325

Are you telling us that I have to accept, I'm a county

If we get a reasonable impediment affidavit and the reason

Exactly. And the county board has to make that decision,

In that extreme situation, or the Mars situation, you know,

08/28/2012 10:15:12 PM

279

04:45PM

04:46PM

Q.

Exactly.

A.

So we err on the side of the voter and we count the ballot.

Q.

Okay. Well, where you err and where you consider to be

extreme examples where you don't err is the whole problem,

because that's all up to the discretion of the county boards,

isn't it?

paragraph? That word "falsehoods," I'm curious what you think

A.

That's how most election law is.

that means, because isn't that the ultimate -- the sentence

Q.

Well, the only one in front of this court and the only one

before says "unless there is some reason," "some basis to

we're dealing with is R54, and R54 seems to give the county

believe it's false." "In other words, unless there is reason to

boards an enormous amount of discretion to decide whose vote to


count.

04:49PM

THE WITNESS: Well, if it said the cheese and the


Mars, maybe not, but...
HON. BRETT KAVANAUGH: On this, can you go down a

believe the affidavit contains falsehoods." I think the

11

questioning has been trying to illuminate what is a falsehood.


I think.

MR. BOWERS: Objection to the characterization.

12

HON. COLLEEN KOLLAR-KOTELLY: Is that a question,

13

15

HON. JOHN D. BATES: No matter what it says?

10

13
or...

count their ballot.

12

MR. BEENEY: No, exactly.

14

BY MR. BEENEY:

15

Q.

16

(Laughter)

16

you. I think what we're all struggling with is what does the

17

Is that okay?

17

county board do? On the one hand, it's told this provision

18

really means it's got to be something beyond the voter's

19

control, and on the other side, it sounds like it's getting

20

guidance from you saying as long as the voter subjectively

MR. BEENEY: I am. I mean, don't you agree?

04:49PM

HON. COLLEEN KOLLAR-KOTELLY: That is a question.

19

04:46PM

04:48PM

11

18
04:46PM

10

14
04:46PM

281

THE WITNESS: That's why we went to the Attorney

I think, Ms. Andino, and I have to do this in a question to

20

General, to get guidance.

21

BY MR. BEENEY:

21

believes they had an impediment. Those two things seem to

22

Q.

And in all seriousness, the county boards have to take this

22

conflict.

23

guidance, and every time they see a reason, they have to make

23

A.

24

their own determination as to whether the reason given is

24

what's beyond the control of individual voters, of each

25

through no fault of the voter or is not through the --

25

individual voter. What's beyond my control is not the same as

04:49PM

04:49PM

Well, I think it's impossible for the county board to know

280

1
2

HON. BRETT KAVANAUGH: What are you reading from, what


page?

3
4
04:46PM

04:47PM

04:47PM

MR. BEENEY: I'm sorry, Judge Kavanaugh. This is


Defendant-Intervenor 254.

HON. BRETT KAVANAUGH: What page of the opinion?

what's beyond your control or other people.

Q.

if you're telling the county board that they can't make that

determination, we're back to a photo ID law that allows anybody

to vote who fills in anything as long as they honestly believed

I agree 100 percent with you that that is the problem. But

MR. BEENEY: The third page, four lines from the

it. I wanted to watch the USC game, I felt like having a beer,

bottom. Starting -- five lines from the bottom, to begin the

I don't like to cross the street to the county office because

sentence, "The legislature has put in place a uniform system

it's dangerous. Is that what this law provides?

statewide which allows voters who, through no fault of his own,

A.

10

The law is written in the way it is, and we have to do the

10

best job to interpret and give guidance to counties and instruct

11

HON. JOHN D. BATES: Ms. Andino, if you were the

11

them as always not to disenfranchise people, to err on the side

12

county board making the decision, and you had an affidavit in

12

of the voter.

13

front of you that simply said "I didn't feel like it" as the

13

Q.

14

impediment, what decision would you make?

14

exploring this. But I think I may try to come back to it in a

15

little bit more of an organized fashion.

could not obtain a photo ID to vote."

15

04:50PM

THE WITNESS: I would consider that they had taken an

04:50PM

Well, I'm not sure if we'll profitably get any further by

16

oath when they filled out that affidavit, and that not feeling

16

17

like it might be the way that they say, you know, I'm sick and

17

rewrite South Carolina law this afternoon, if I understood you

18

they have been. So I would count the ballot.

18

right. Did you say you were going to ask poll managers who were

19

not notaries to notarize affidavits?

20

A.

Yes.

21

Q.

How does that work? Don't you have to be a notary to

22

notarize an affidavit?

23

A.

24

got sick, went home -- I'm not going to have a voter that's

25

standing there through no fault of their own can't get the

20

HON. JOHN D. BATES: What if it instead said it was


too much trouble?

21
22
23
24
04:47PM

04:50PM

19
04:47PM

282

25

04:51PM

THE WITNESS: You know, it needs more explanation to


know -HON. JOHN D. BATES: Well, you don't have any more.
That's what the affidavit says. What would your decision be?
THE WITNESS: I would err on the side of the voter and

08/28/2012 10:15:12 PM

04:51PM

Page 279 to 282 of 325

But let me move on to the second way I understood you to

Yes. Or -- well, if a notary is not available -- person

30 of 59 sheets

283

04:51PM

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04:52PM

04:52PM

04:53PM

285

document notarized. I'm going to have a poll manager sign that.

Q.

Exactly. When might it not be and when might it be?

Q.

And then what?

A.

If a person doesn't have a car, driver's license, the

A.

The poll manager would witness it. The poll managers are

ability to drive.

authorized to administer oaths, and, you know, these are not

Q.

people off the street. I'm going to err on the side of the

a photo ID even if I don't have a car? Is that a reasonable

voter.

impediment?

Q.

But it's not a notarized affidavit then, right?

A.

A.

It is not a notarized affidavit. But I'm not going to

HON. COLLEEN KOLLAR-KOTELLY: You can't ask him.

disenfranchise somebody because of something, through no fault

HON. JOHN D. BATES: You need to answer his questions.

04:55PM

What about if I lived 20 feet from the county office to get

Do you think it is?

10

of their own, a poll manager was not available. And the

10

BY MR. BEENEY:

11

counties will make every effort to make sure there are adequate

11

Q.

I'd be happy to trade places with you, I really would.

12

numbers of poll managers available, but if somebody were to get

12

A.

It could be, if that's something beyond the person's

13

sick in the middle of the day and go home and they couldn't wait

13

control. Maybe they don't have the means to get across the

14

for someone else to arrive, I'm not going to disenfranchise that

14

street or next door.

15

person.

15

Q.

16

Q.

16

not going to belabor it, I'm going to move on, but the whole

17

notarized affidavit. How can you count a ballot that's against

17

point of it is there's just no way of knowing whether I get to

18

the law?

18

vote or not. It's so up in the air. It's in everybody's

19

A.

I'm going to err on the side of the voter.

19

discretion, everybody's gotta figure it out. It's like sticking

20

Q.

Even if it means violating the law?

20

your finger in the wind as to whether you're going to count

21

A.

Yes.

21

somebody's vote.

22

Q.

I guess I'll put this up anyway. This is the testimony of

22

23

Representative Clemmons, who was the main sponsor of the bill

24

that became law. And I'm reading from page 74 of his June 11

25

deposition from lines 15 through 18. And the question is, "And

04:55PM

04:55PM

Your sentiments are admirable, but the law requires a

04:56PM

04:56PM

Really, Ms. Andino, the whole point of all this, and I'm

MR. BOWERS: Objection. Is there a question there?

23

BY MR. BEENEY:

24

Q.

Do you agree?

25

A.

We're doing the best we can with what we were given to make

284

if the notary is not present, the affidavit could not be taken?

2
3

"Answer: The affidavit must be taken in the presence of a


notary for it to constitute an affidavit, yes."

4
04:53PM

04:54PM

04:54PM

04:54PM

04:55PM

286

So at least that lawmaker is saying no notary, no

this work for voters and not disenfranchise someone.

Q.

affidavit that's not notarized, you are going to disenfranchise

people.

A.

Yes.
Maybe it's a good time to ask you this question,

And if you don't do things like violate the law and take an

affidavit. You're saying no notary, affidavit, not only

affidavit, but vote.

Q.

A.

Yes.

Ms. Andino. You're not asking this court to preclear R54, are

Q.

Ms. Andino, if the boards have no ability to make a

you?

determination -- withdrawn. If the boards have no discretion to

A.

04:56PM

No. The State Election Commission has remained neutral

10

make a determination as to whether an impediment is reasonable,

10

throughout the process. We are simply the implementing agency.

11

what was the point of asking the Attorney General to give an

11

Q.

12

opinion on the issue, on what that means?

12

understand your testimony earlier a little bit better. But you

13

A.

13

can't explain in any respect how R54 prevents voter fraud.

14

meant. The law just simply stated "reasonable impediment."

14

A.

15

Q.

15

process, but no.

16

guidance as to what it meant?

16

Q.

17

A.

17

hear people say generally that the motive of R54 was to suppress

18

guidance at all.

18

people's voting, to disenfranchise them. You heard that, didn't

19

Q.

19

you?

20

something is if someone's going to interpret it; isn't that

20

A.

Yes.

21

right?

21

Q.

And forgive me if Ms. Meza asked you this, but you actually

22

A.

Yes.

22

checked with every county in the state to find out whether they

23

Q.

You said lack of transportation is a reasonable impediment,

23

were aware of any substantiated case of voter impersonation

24

right?

24

fraud, and the word you got back from all 46 counties was zero,

25

A.

25

we have no evidence at all; is that right?

31 of 59 sheets

04:57PM

We needed guidance on what the term "reasonable impediment"

But if nobody's going to interpret it, why did you need

04:57PM

We needed guidance because the bill did not give us any

But the only reason you would need an interpretation of

It could be.

04:57PM

04:58PM

Page 283 to 286 of 325

And you can't in any respect -- and I think I probably now

No. I believe it increases voter confidence in the

Now, during the course of the debates over R54, you did

08/28/2012 10:15:12 PM

287

04:58PM

04:58PM

04:59PM

04:59PM

04:59PM

289

A.

That's right.

A.

Yes.

Q.

And you're not aware of any election fraud at any time in

Q.

And there are instances where long lines make people give

the 20-some-odd years that you've been with the State Election

up and go home and not vote.

Commission that R54 would have prevented?

A.

Yes.

A.

Not that R54 would have prevented.

Q.

Ms. Andino, you recall providing an affidavit to the Court

Q.

And you have no reason to believe that voter impersonation

saying that the last date on which preclearance could be had in

fraud will occur in the future?

order to implement R54 for the November election was August 1?

A.

No.

A.

Yes.

Q.

Now, while you know of no fraud that R54 addresses, you are

Q.

And when the Court asked for an update on that last

05:01PM

10

aware of some voting fraud that the General Assembly has not

10

implementation date in July, nobody ever told you about the

11

addressed, such as voting by mail.

11

Court's request; is that right?

12

A.

12

A.

I don't believe so.

13

there, but there are certainly areas that I would like to see

13

Q.

Instead, what was submitted to the Court was an opinion

14

the General Assembly address.

14

letter from the Attorney General that you didn't even see before

15

Q.

15

it was submitted to the Court.

16

which is something the General Assembly didn't address, correct?

16

A.

That's correct.

17

A.

Yes.

17

Q.

Ms. Andino, who is Chris Whitmire? I'm not sure his name

18

Q.

And you've told them that you'd like them to address this,

18

has come up.

19

correct?

19

A.

20

A.

Yes.

20

public information and training.

21

Q.

Instead what they did was address the area where you're not

21

Q.

22

aware of any fraud.

22

to figure out what "valid" means in R54?

23

A.

That's right.

23

A.

24

Q.

Now, Ms. Meza asked you, and again I apologize if she asked

24

a half or two years.

25

you this question as well, but she asked you about this survey

25

Q.

05:01PM

I don't have any evidence of voting by mail or any fraud

Because you believe there is fraud with voting by mail,

05:01PM

05:02PM

05:02PM

Chris Whitmire works in my office. He's the director of

Do you remember having a conversation with him and trying

We've had a number of conversations over the last year and

Do you remember sitting together and Mr. Whitmire saying to

288

05:00PM

05:00PM

05:00PM

05:00PM

05:00PM

290

that you conducted of voters demonstrating a high level of

you or you saying to him, what does this mean, we gotta figure

confidence in the system. Did anybody in the course of four

it out?

years of debating photo ID in the General Assembly say to you,

A.

Not specifically.

one of our major goals of R54 is to increase confidence in the

Q.

Just take a quick look at your June 6 deposition transcript

electoral system; do you have any information about how voters

at page 215, and when you get there it's lines 4 to 7, just to

feel about that? Did they ever say that to you in words or

see if that refreshes your recollection.

substance?

A.

I don't believe so.

Q.

Now, one of the voting issues that the State Election

05:02PM

HON. COLLEEN KOLLAR-KOTELLY: I think after this we


need to stop.
MR. BEENEY: Okay.

10

Commission has taken a position on is its support for early

10

THE WITNESS: Page again?

11

voting, right?

11

MR. BEENEY: I'm sorry. 215.

12

A.

That's correct.

12

HON. COLLEEN KOLLAR-KOTELLY: Did you tell her which

13

Q.

And you think the need for early voting in South Carolina

13

14

is obvious?

15

A.

Yes.

16

Q.

In 2006 there were waiting lines to vote -- excuse me -- in

17
18

05:02PM

deposition?

14

MR. BEENEY: Yes, the June 6.

15

BY MR. BEENEY:

16

Q.

Is that the one you've got, Ms. Andino, the first one?

2008 there were waiting lines to vote of up to six hours in

17

A.

Yes. I have all four.

South Carolina?

18

Q.

Okay. And lines 4 to 7. Does that refresh your

19

A.

That was in the absentee precinct, but yes.

19

recollection that you had a conversation with Mr. Whitmire in

20

Q.

And you told the General Assembly that there are a number

20

which Mr. Whitmire was saying he's not sure what "valid" means?

21

of states that have early voting and it's working quite well?

21

A.

22

A.

Yes.

22

like I've stated there. Right now, I don't remember the exact

23

Q.

And early voting makes it easier to vote in South Carolina?

23

conversation.

24

A.

Yes.

25

Q.

And it decreases lines.

08/28/2012 10:15:12 PM

05:03PM

05:03PM

05:03PM

I still -- yes. I mean, we've had lots of conversations

24

MR. BEENEY: Okay.

25

HON. JOHN D. BATES: I have two questions I'd like to

Page 287 to 290 of 325

32 of 59 sheets

291
ask before we leave for the day. You said a few moments ago

that in your view R54 will increase voter confidence in the

system; is that correct?

to it now. And again, you're not bound by it because I realize

legal positions can shift and change. But I'm curious as of

4
05:04PM

05:04PM

THE WITNESS: Yes.

now, and the pretrial briefs seems to indicate that the answer

to the question is yes, but I'm curious if that's still the

election officials in South Carolina were to attempt to put it

case.

into effect for the early November general election

approximately 45 days later, with all the implementation issues

HON. JOHN D. BATES: If R54 were to be precleared by

05:07PM

MR. BARTOLOMUCCI: Chris Bartolomucci for South


Carolina. South Carolina's position would be that we meet the

10

that you're aware of and that you perceive, some of which you've

10

Florida test, and so if that is the test that's applied, we

11

considered based on your experience, is there likely to be more

11

satisfy it. But I think we would reserve the right to say that

12

or less confusion at the polls on this election day in November?

12

that is not the correct test, that it should be lower, for

13

example.

always better. Regardless when this legislation, if it was

15

August 1 or September 15, it's going to create more confusion at

16

the polls simply because it's new.

14
05:07PM

15

articulating at some point in these proceedings, if you believe

16

a different test is the correct test?

18

THE WITNESS: I have gained that insight that it would


increase voter confidence in hearing people --

HON. JOHN D. BATES: And presumably you'll be

17

HON. JOHN D. BATES: Therefore, in your experience and


judgment, will that increase voter confidence in the process?

19
20

05:07PM

THE WITNESS: Obviously, more time to implement is

14

18

05:05PM

HON. BRETT KAVANAUGH: No. If you all three can speak

this court around September 15, and you and all the other

17

05:05PM

speak to that or is that just a question for us to consider?

13
05:04PM

293

05:08PM

MR. BARTOLOMUCCI: We'll be submitting proposed


conclusions of law, so yes.

19

HON. BRETT KAVANAUGH: Right. Okay.

20

MR. HEARD: Your Honor, the United States is certainly

21

HON. JOHN D. BATES: I'm talking about this election

21

aware of the Florida decision. We do believe it provides

22

day and what you've just testified to what your judgment would

22

significant guidance for the parties. We are still in the

23

happen on this election day in terms of confusion. Once that

23

process of analyzing it.

24

occurs, would that increase voter confidence in the system?

25

24

THE WITNESS: I think it would in the minds of some

05:08PM

25

HON. BRETT KAVANAUGH: Okay. That's helpful. Thank


you.

292

05:06PM

05:06PM

voters, because they may see it as a hindrance, they may see it

as it takes a little bit more time at the polls, but from people

that I've talked to, comments I've read online following photo

ID, you know, articles, a lot of voters or citizens feel that

having an ID requirement would increase their confidence. So

they may be willing to trade off a little longer line or waiting

helpful, I've got a good one for you. The intervenors believe

at the polls for that.

that the court in the Florida decision correctly articulated the

HON. JOHN D. BATES: But you can try to do better than


either of the two parties.
MR. BEENEY: I was just going to say, if that's

HON. JOHN D. BATES: That's all I have.

Section 5 standard, particularly with respect to the evidence in

HON. COLLEEN KOLLAR-KOTELLY: All right. You can go

this case and the voter ID at issue in this case.

10

ahead and step down and we'll start tomorrow first thing at 9

11

o'clock.

05:08PM

THE WITNESS: Thank you.


(The witness steps down.)

14

05:07PM

HON. BRETT KAVANAUGH: I meant that sincerely.

13

05:06PM

05:08PM

(Laughter)

12

05:06PM

294

HON. BRETT KAVANAUGH: Just speaking for myself,

10

HON. BRETT KAVANAUGH: Thank you.

11

MR. BEENEY: Your Honors, while I have you for just a

12

moment, can I just perhaps lay on the table something I think

13

we're going to file tonight, which is the intervenors have been

14

struggling with the time that we've had, and we're going to be

15

asking all three parties, some of the testimony we've heard goes

15

asking the Court tonight for what we think may be another 45 to

16

to the effects prong, and you're not bound by the answer, but

16

60 minutes to attempt to put on our case.

17

are all three parties taking the Florida test that was

17

18

articulated in the three-judge district court decision recently

18

19

as the proper test, namely disproportionate impact plus material

19

20

burden, how it's phrased in that opinion, as the proper test?

21

You're not bound by this answer, but as I'm hearing the

21

22

evidence, I'm interested in knowing how I'm supposed to analyze

22

will look this evening at where we are on timing, and I guess

23

it.

23

one question -- I do unfortunately have to stop at 4:30

24

tomorrow. I have an 18-codefendant case, and it was too hard to

25

move it around. I am going to do it in another courtroom, so

24

HON. JOHN D. BATES: We're all interested in it.

25

MR. BARTOLOMUCCI: Would Your Honor like the state to

33 of 59 sheets

05:09PM

05:09PM

05:09PM

20

Page 291 to 294 of 325

HON. COLLEEN KOLLAR-KOTELLY: I think the difficulty


will be is that it all needs to be squeezed in in this week.
MR. BEENEY: Certainly we're willing to start earlier
in the morning or go later at night or whatever.
HON. COLLEEN KOLLAR-KOTELLY: One thing I will do is I

08/28/2012 10:15:12 PM

297

295

you do not need to break down computers and everything else. We

can talk about -- and I know that the other trials eventually in

some instances wound up starting earlier and staying later.

4
05:10PM

05:10PM

cut down, but we still need time for our own case. I think

we'll probably give up on Ms. Bowers, who is the state's next

witness, to save some time, and not do anything with Ms. Bowers.

But as best I can figure it out with my co-counsel, we're

10
12

BRYAN A. WAYNE

position on that?
MR. BARTOLOMUCCI: For South Carolina, subject to what

14

we read tonight, I think we would oppose that. We think an

15

ample amount of time has been allocated. The Department of

16

Justice is free to cede additional time to the intervenors if

17

they so choose. So I expect we would oppose Mr. Beeney's

18

motion.
HON. COLLEEN KOLLAR-KOTELLY: Would you oppose if the

20

Court decided to add some additional time, which might mean

21

adding in the morning and in the evening? Would you be able to

22

do it?

23
24

__________________

HON. COLLEEN KOLLAR-KOTELLY: Okay. Anybody have any

19

05:11PM

record of proceedings in the above-entitled matter.

probably running about 45 to 60 minutes short.

13

05:10PM

I, BRYAN A. WAYNE, Official Court Reporter, certify


that the foregoing pages are a correct transcript from the

MR. BEENEY: We have honestly cut down, cut down, and

11

05:10PM

CERTIFICATE

We'd have to talk to our court reporters as well.

* * * * * *

MR. BARTOLOMUCCI: Yes. We would be able to come


earlier, stay later, yes.

25

HON. COLLEEN KOLLAR-KOTELLY: Okay. DOJ?

Bryan A. Wayne, RPR, CRR


298

296

1
2

MR. HEARD: The United States would not object to


that, Your Honors.

3
05:11PM

HON. COLLEEN KOLLAR-KOTELLY: I take it that at this

point, you've -- I forgot how much time you've ceded -- I have

it written down here, but do you see at this point any other

possibilities of ceding time as you see things moving along or

not?

8
9
05:11PM

10
11
12
13
14

05:11PM

HON. JOHN D. BATES: Why don't you all talk about


that.
HON. COLLEEN KOLLAR-KOTELLY: I won't put you on the
spot.
MR. HEARD: We are looking at that issue, Your Honors.
We haven't made a final decision about that.
HON. COLLEEN KOLLAR-KOTELLY: All right. We'll have

15

some discussions about it. All right. We'll see you tomorrow

16

promptly at 9:00.

17

(Proceedings adjourned at 5:11 p.m.)

18
19
20
21
22
23
24
25
08/28/2012 10:15:12 PM

Bryan A. Wayne, RPR, CRR


Page 295 to 298 of 325

34 of 59 sheets

301

299
* * * * * *
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

300
INDEX

WITNESS:

PAGE:

Glenn McConnell: Examination Cont' by Mr. Potenza...... 166

Marci Andino:

35 of 59 sheets

Examination by Mr. Beeney.............

168

Examination by Ms. Baldwin............

185

Examination by Mr. Potenza............

193

Examination by Mr. Bowers.............

196

Examination by Ms. Meza...............

253

Examination by Mr. Beeney.............

270

Page 299 to 301 of 325

08/28/2012 10:15:12 PM

302

'
'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
08/28/2012 10:15:12 PM

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

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

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,
Page 302 to 302 of 325

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

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
36 of 59 sheets

303

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,
37 of 59 sheets

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
Page 303 to 303 of 325

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,

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

304

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
08/28/2012 10:15:12 PM

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,
Page 304 to 304 of 325

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

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
38 of 59 sheets

305

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,
39 of 59 sheets

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,
Page 305 to 305 of 325

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

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

306

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
08/28/2012 10:15:12 PM

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,
Page 306 to 306 of 325

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

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
40 of 59 sheets

307

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,
41 of 59 sheets

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,
Page 307 to 307 of 325

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

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

308

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,
08/28/2012 10:15:12 PM

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
DefendantIntervenor [1] 280:4
DefendantIntervenor'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] Page 308 to 308 of 325

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

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,
42 of 59 sheets

309

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
43 of 59 sheets

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,
Page 309 to 309 of 325

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

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

310

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,
08/28/2012 10:15:12 PM

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,
Page 310 to 310 of 325

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,

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,
44 of 59 sheets

311

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,

45 of 59 sheets

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
Page 311 to 311 of 325

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,

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

312

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,
08/28/2012 10:15:12 PM

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,
Page 312 to 312 of 325

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,

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,
46 of 59 sheets

313

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] 47 of 59 sheets

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
Page 313 to 313 of 325

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,

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

314

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,

08/28/2012 10:15:12 PM

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,
Page 314 to 314 of 325

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

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
48 of 59 sheets

315

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,
49 of 59 sheets

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,
Page 315 to 315 of 325

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

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

316

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,
08/28/2012 10:15:12 PM

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,
Page 316 to 316 of 325

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,

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
50 of 59 sheets

317

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,
51 of 59 sheets

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
Page 317 to 317 of 325

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,

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

318

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] 08/28/2012 10:15:12 PM

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,
Page 318 to 318 of 325

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

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,
52 of 59 sheets

319

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,
53 of 59 sheets

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,
Page 319 to 319 of 325

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,

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

320

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
08/28/2012 10:15:12 PM

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] Page 320 to 320 of 325

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,

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,
54 of 59 sheets

321

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,
55 of 59 sheets

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
Page 321 to 321 of 325

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,

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

322

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
08/28/2012 10:15:12 PM

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
Page 322 to 322 of 325

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

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
56 of 59 sheets

323

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,
57 of 59 sheets

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,
Page 323 to 323 of 325

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,

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

324

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,
08/28/2012 10:15:12 PM

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,
Page 324 to 324 of 325

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

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,
58 of 59 sheets

325

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
59 of 59 sheets

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

Page 325 to 325 of 325

08/28/2012 10:15:12 PM