IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

DEMOCRACY NORTH CAROLINA, THE

LEAGUE OF WOMEN VOTERS OF
NORTH CAROLINA, DONNA PERMAR,
JOHN P. CLARK, MARGARET B. CATES,
LELIA BENTLEY, REGINA WHITNEY
EDWARDS, ROBERT K. PRIDDY II,
WALTER HUTCHINS, AND SUSAN
SCHAFFER.
Civil Action No. 20-cv-457
Plaintiffs,
vs.
THE NORTH CAROLINA STATE BOARD
OF ELECTIONS; DAMON CIRCOSTA, in
his official capacity as CHAIR OF THE
STATE BOARD OF ELECTIONS; STELLA
ANDERSON, in her official capacity as
SECRETARY OF THE STATE BOARD OF
ELECTIONS; KEN RAYMOND, in his
official capacity as MEMBER OF THE
STATE BOARD OF ELECTIONS; JEFF
CARMON III, in his official capacity as
MEMBER OF THE STATE BOARD OF
ELECTIONS; DAVID C. BLACK, in his
official capacity as MEMBER OF THE
STATE BOARD OF ELECTIONS; THE
NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION; J. ERIC BOYETTE,
in his official capacity as
TRANSPORTATION SECRETARY; THE
NORTH CAROLINA DEPARTMENT OF
HEALTH AND HUMAN SERVICES;
MANDY COHEN, in her official capacity as
SECRETARY OF HEALTH AND HUMAN
SERVICES,

Defendants.

DECLARATION OF WALTER HUTCHINS IN SUPPORT OF PLAINTIFFS’

MOTION FOR PRELIMINARY INJUNCTION

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 I, Walter Hutchins, hereby declare as follows:

I . I am a U.S. citizen and a resident of Wilmington County, North Carolina. I have

been living at The Davis Community, a nursing home in Wilmington, for about

a year and a half.

2. I am 91 years old and a veteran of the U.S. Army Air Forces and U.S. Air Force.

I served from 1946 to 1949.

3. I am a registered North Carolina voter who is eligible to vote in the November

2020 general election. The first election I voted in was in 1952, and the last

election I voted in was the 2018 general election. I voted in person at a polling

location in Plantation Village, a senior citizen living facility in Wilmington,

North Carolina, where I used to live. My wife, Reverend Margaret Hutchins, is

still residing there.

4. In 2018, I was not completely visually impaired. Now, I am legally blind.

5. My wife assisted me with casting my ballot in 2018. She recited the candidates

and when I informed her of my choice, she would position my hand so that I

could mark my ballot.

6. Due to my age, I am at very high risk of developing severe illness from the novel

coronavirus. To protect my health, and the health of others similarly situated to

me, The Davis Community has been on lockdown since mid-March. No visitors,

including family members, are allowed. My wife has not been allowed to see

me during this time.

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 7. The residents at Davis community are told to maintain at least 6 feet of distance

from each other, due to the coronavirus. We are kept at least 6 feet apart at meals,

and we are given hand sanitizer.

8. I would like to vote by absentee ballot in November. However, I have never

voted by mail before and am unfamiliar with the absentee ballot process. I do

not know how I will be able to request and cast an absentee ballot without my

wife's assistance.

9. I asked the staff at The Davis Community how blind residents have been able to

vote in the past, and no one could provide an answer. As far as I know, there has

been no preparation at The Davis Community for residents to vote. I have not

been given any information about how to participate in the upcoming November

election.

10. I do not know how I can vote with the current restrictions in place. I am unable

to fill out an absentee ballot request by mail, since I am legally blind, and would

like to be able to do so by phone. I have a phone in my room, which I am able

to use without assistance. Ifl were provided the number for the county board of

elections-as well as the necessary information, such as the last four digits of

my Social Security Number- by my wife or The Davis Community staff, I could

make this request on my own.

11 . Since The Davis Community is under lockdown and my wife cannot assist me

with my absentee ballot, I would like The Davis Community staff members to

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 be permitted to assist me in voting and returning my absentee ballot, and only if

necessary, to serve as my witnesses.

12. Otherwise, my blindness will prevent me from completing and returning my

absentee ballot and voting in the upcoming November election.

13. This declaration has been read to me by my attorneys, and a copy for me to sign

was provided by courier.

I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct to the best of my knowledge.

Executed this 4th day of June, 2020.

Waite

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