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Judicial Watch • 01 14 Ohio Voter Rolls Settlement

01 14 Ohio Voter Rolls Settlement

01 14 Ohio Voter Rolls Settlement

Page 1: 01 14 Ohio Voter Rolls Settlement

Category:Legal Document

Number of Pages:5

Date Created:January 10, 2014

Date Uploaded to the Library:January 10, 2014

Tags:SWVRD, Husted, Litigation, Registration, voter, agreement, parties, Plaintiffs, Secretary, defendant, court, EPA, ICE, CIA


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SETTLEMENT AGREEMENT 
This settlement agreement (the "Agreement") entered into January .l.Q_, 2014 (the 
"Effective Date") and between Judicial Watch, Inc. and True the Vote (collectively, "Plaintiffs) and Ohio Secretary State Jon Husted, his official capacity ("Defendant"). Plaintiffs and Defendant (together, the "Parties") are parties litigation captioned Judicial Watch, Inc. and True the Vote Husted, Case 2:12-cv-00792, which was filed the United States District Court for the Southern District Ohio August 30, 2012 (the "Litigation"). 
RECITALS 
WHEREAS, the claims the Litigation arise under the National Voter Registration Act 1993 (the "NVRA"); 
WHEREAS, Ohio Secretary State Jon Husted, his official capacity, designated the "chief State election official," pursuant U.S.C.  1973gg-8, and responsible for coordination the State's responsibilities under the NVRA; 
WHEREAS, Plaintiffs maintain that judgment their favor, including the items contained the complaint's Prayer for Relief, appropriate; 
WHEREAS, Defendant disputes the allegations contained the complaint and denies any and all liability thereunder; 
WHEREAS, notwithstanding the foregoing, both Parties desire settle the Litigation; 
NOW THEREFORE, the spirit cooperation and comity and avoid the expense and time and the inherent risks associated with further proceedings related the Litigation, both the Plaintiffs and the Defendant, and through the undersigned counsel, hereby agree, 
consideration the mutual promises contained this Agreement, and other good and valuable 
consideration, the receipt and sufficiency which hereby acknowledged, abide the following terms and conditions. 	Within days the execution the Agreement, the Parties shall execute and file stipulation dismissal containing the following substantive language: 
"Pursuant Rule 4l(a)(l)(AXii) the Federal Rules Civil Procedure, plaintiffs 
Judicial Watch, Inc. and True the Vote and defendant Jon Husted, his official capacity Secretary State Ohio, hereby stipulate the dismissal this action with prejudice, and without costs fees either party." the event that the Court (including the Clerk) rejects such filing for any reason, the Parties shall both use their best efforts accomplish the same result another stipulation amending that language little possible, filing unopposed motion for voluntary dismissal upon the same terms, taking such other steps may reasonably necessary. filing seeking dismissal the terms set forth above not executed the Parties and filed with the Court within days the Effective Date, such dismissal not granted the Court within months, this agreement shall cancelled. 
During the pendency the filing granting such stipulation other comparable motion, neither party shall file any other motion seek any other 
court relief, fulfill, seek have fulfilled, any discovery other obligation 
related the Litigation, except set forth paragraph l.b. the event that the Court, prior the dismissal this action, requests any action Plaintiffs Defendant, the Parties agree notify the Court that settlement has been reached and jointly request that such action cancelled. The Parties agree file any ancillary stipulations motions required the Court circumstances order ensure that further obligations related the Litigation are imposed the Parties. 	Defendant agrees, for the duration the term the Agreement, undertake, or, where appropriate, continue undertake, the following actions: participate the State and Territorial Exchange Vital Events (STEVE) administered the National Association for Public Health Statistics and Information Systems (NAPHSIS) obtain out-of-state death information for list 
maintenance purposes under the NVRA, with monthly updates local officials 
for death removals the Statewide Voter Registration Database (SWVRD). participate the Interstate Voter Registration Cross-Check program administered the Kansas Secretary State identify registered voters who move out-of-state for list maintenance purposes under the NVRA. use Ohio Bureau Motor Vehicles data identify registered voters who move within Ohio for list maintenance purposes compliance with Section the NVRA, with updates local officials for removals address-changes the SWVRD less frequently than permitted state law. use online voter registration change address encourage voters keep 
their registration information current. conduct its monthly duplicate registration elimination program using SWVRD, including minimal monthly duplicate thresholds greater than .030% for all Ohio County Boards Election voter lists. keep online, and available for public access, current voter registration list. require the county boards election send accurate survey information the Secretary State's Office compiled and forwarded the Election Assistance Commission for its NVRA-related surveys. use reasonable efforts promote the expanded use Ohio's voter registration online change address system recent college graduates, including education remind recent college graduates keep their voter registration address and 
information current and request necessary updates, and endeavor 
coordinate these activities conjunction with Ohio colleges and universities. direct boards elections send confirmation notices voters who: 
(a) did not vote election during two year period beginning and ending May and (b) did not engage any other voter-initiated activity (e.g., filing voter registration fonn) during that same time period; and also query boards elections reasonably regular basis whether this direction being followed. 	Plaintiffs may ask Defendant for reasonable, non-burdensome assurances that any one more the terms the Agreement are being performed, means letter, sent email fax. Defendant shall not unreasonably refuse provide such assurances. Plaintiffs shall not send more than one such letter any three-month period the Agreement. Ongoing negotiations concerning how particular request for assurance shall provided, whether has been provided, shall not count separate requests for assurances. the event that either party believes that the Agreement has been breached the other party, the party asserting breach shall send letter, email fax, the other party describing the alleged breach. Neither pa11y shall commence lawsuit alleging breach this Agreement until days has elapsed from the time that the party seeking commence such lawsuit has sent such letter. 
This agreement shall expire November 10, 2018. 	
Both the Plaintiffs and Defendant, including any successor the office Secretary State, any successor chief State election official under the NVRA and State law, shall bolllld the terms this agreement during that time. 	
The Agreement shall contain the entire agreement between the parties and shall supersede all prior written and oral agreements, representations, negotiations, promises, and understandings between them. 	
The Agreement may amended only writing signed both the Parties. The Parties agree receive and discuss all possible amendments the Agreement proposed good faith either party, and negotiate concerning such possible amendments good faith. The Parties further agree not unreasonably withhold their consent proposed amendment addressing unanticipated change circumstances that has rendered one more the terms the Agreement unduly burdensome. 	
The Parties each agree not publicly disparage the other with respect the Parties' conduct decisions regarding the commencement the Litigation, the prosecution defense the Litigation, the termination and settlement the Litigation. The Agreement may executed counterparts, and faxed emailed signature sha11 deemed valid original. 
11. Nothing this Agreement shall deemed admission regarding the merits the Litigation. BY: 

Robert Popper Chris Fcdeli 
JUDICIAL WATCH, INC. 425 Third Street S.W., Ste. 800 Washington, 20024 Christian Adams ELECTION LAW CENTER, PLLC 300 Washington Street, Ste. 405 Alexandria, 22314 
David Langdon Joshua Bolinger LANGDON LAW LLC 8913 Cincinnati-Dayton Rd, West Chester, Ohio 45069 Beha(f PlaintijJo; Judicial Watch, Inc., 
and True the Vote 
OHIO SECRETARY STATE JON HUSTED 

Deputy Secretary State and 
ChiefLegal Counsel 
180 Broad Street, 15th Floor Columbus, Ohio 43215 behalf Defendant Ohio Secretary State Jon Husted