Case 5:13-cv-04095-EFM-TJJ Document 139 Filed 01/31/14 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS KRIS W. KOBACH, KANSAS SECRETARY OF STATE, et al., ) ) ) Plaintiffs, ) ) vs. ) ) THE UNITED STATES ELECTION ) ASSISTANCE COMMISSION, et al., ) ) Defendants, ) ) and ) ) INTER TRIBAL COUNCIL OF ) ARIZONA, INC., et al.; ) PROJECT VOTE, INC.; ) LEAGUE OF WOMEN VOTERS OF THE ) UNITED STATES, et al.; and ) VALLE DEL SOL, et al., ) ) Defendant-Intervenors. ) )

Case No. 13-4095-EFM-DJW

PLAINTIFFS’ NOTICE OF ADVERSE AGENCY DECISION AND MOTION FOR RELIEF COME NOW the Plaintiffs, Kansas Secretary of State Kris W. Kobach, the State of Kansas, Arizona Secretary of State Ken Bennett, and the State of Arizona, by and through the undersigned counsel, and hereby give notice to the Court and parties of an adverse agency decision by the Defendant, the United States Election Assistance Commission (hereinafter “the EAC”). Further, the Plaintiffs request the Court to review the Defendants’ action and grant the relief requested by the Plaintiffs in the original Complaint. In support of said requests, Plaintiffs state and allege as follows:

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Case 5:13-cv-04095-EFM-TJJ Document 139 Filed 01/31/14 Page 2 of 4

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The Plaintiffs commenced this action pursuant to the Administrative Procedure

Act, 5 U.S.C. § 500 et seq. (hereinafter “the APA”), by filing their Complaint on August 21, 2013. Prior to filing the Complaint, the Plaintiffs requested the EAC to modify the Kansas- and Arizona-specific instructions of the mail voter registration application form (hereinafter “the Federal Form”), which is developed by the EAC in consultation with the chief election officers of the several States pursuant to the National Voter Registration Act, 42 U.S.C. § 1973gg et seq. (hereinafter “the NVRA”). The Plaintiffs’ requests sought modifications to the state-specific instructions to reflect changes in the State laws of the Plaintiffs requiring that voter registration applicants submit concrete documentation evidencing United States citizenship to be registered to vote. The EAC failed to make the requested modifications to the State-specific instructions, and the Plaintiffs filed suit requesting this Court, inter alia, to issue a writ of mandamus ordering the EAC to make the requested modifications. 2. On December 13, 2013, the Court issued an Order (ECF No. 114) finding that

there had been no final agency action by the EAC. Accordingly, the Court remanded the matter to the EAC with instructions that it render a final agency action regarding the Plaintiffs’ requests no later than January 17, 2014. The Court retained jurisdiction of the case in anticipation of further proceedings. 3. On January 17, 2014, the EAC issued a Memorandum of Decision (ECF No. 129-

1), denying the Plaintiffs’ requests. According to the Notice of Filing of Final Agency Action (ECF No. 129) filed by the Defendants, the EAC’s Memorandum of Decision constitutes final agency action under the APA with respect to the administrative issues presented by the Plaintiffs’ requests.

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The Plaintiffs, are entitled to judicial review of the EAC’s Memorandum of

Decision under the APA and under the United States Constitution. WHEREFORE, Plaintiffs hereby give notice to the Court and parties of the EAC’s decision adverse to the Plaintiffs, and request the Court to exercise jurisdiction over this matter, schedule this matter for hearing, and grant the relief requested by the Plaintiffs.

Respectfully submitted this 31st day of January, 2014.

s/ Thomas E. Knutzen Thomas E. Knutzen, Kansas Bar No. 24471 KANSAS SECRETARY OF STATE’S OFFICE Memorial Hall, 1st Floor 120 S.W. 10th Avenue Topeka, KS 66612 Tel. (785) 296-4564 Fax. (785) 368-8032 tom.knutzen@sos.ks.gov Attorney for Plaintiffs Thomas C. Horne, Arizona Bar No. 002951 (admitted pro hoc vice) Michele L. Forney, Arizona Bar No. 019775 (admitted pro hoc vice) ARIZONA ATTORNEY GENERAL’S OFFICE 1275 W. Washington Street Phoenix, AZ 85007 Tel. (602) 542-7826 Fax. (602) 542-8308 michele.forney@azag.gov Attorneys for Ken Bennett, Arizona Secretary of State, and for The State of Arizona Kris W. Kobach, Kansas Bar No. 17280 Eric K. Rucker, Kansas Bar No. 11109 Regina M. Goff, Kansas Bar No. 25804 KANSAS SECRETARY OF STATE’S OFFICE Attorneys for Kris W. Kobach, Kansas Secretary of State, and for The State of Kansas

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CERTIFICATE OF SERVICE I, the undersigned, hereby certify that, on the 31st day of January, 2014, I electronically filed the above and foregoing document using the CM/ECF system, which automatically sends notice and a copy of the filing to all counsel of record.

s/ Thomas E. Knutzen Thomas E. Knutzen, Kansas Bar No. 24471 Attorney for Plaintiffs

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