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Judicial Watch • JW v Logan California NVRA settlement 08948

JW v Logan California NVRA settlement 08948

JW v Logan California NVRA settlement 08948

Page 1: JW v Logan California NVRA settlement 08948

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Number of Pages:19

Date Created:January 2, 2019

Date Uploaded to the Library:January 02, 2019

Tags:Registrar, 08948, NVRA, logan, agreement, official, parties, angeles, defendants, Plaintiffs, Counsel, California, Secretary, COUNTY, federal, Supreme Court


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SETTLEMENT AGREEMENT
This settlement agreement (Agreement) made and entered into between
Judicial Watch, Inc. (Judicial Watch), Election Integrity Project California, Inc.,
Wolfgang Kupka, Rhue Guyant, Jerry Griffin, and Delores Mars (collectively,
Plaintiffs), Dean Logan his official capacity the RegistrarRecorder/County Clerk Los Angeles County (Registrar Logan) and Alex
Padilla, his official capacity the California Secretary State (Secretary
Padilla). Registrar Logan and Secretary Padilla may collectively referred
Defendants and all the parties this agreement may collectively referred the Parties.
WHEREAS, Plaintiffs and Defendants are the Parties the action entitled
Judicial Watch, Inc., al. Logan, al., currently pending before the United
States District Court for the Central District California, Case Number 17-CV08948 (the Action).
WHEREAS, The Parties, through counsel, have conferred and agreed that
this action should resolved without the delay and expense further litigation.
The Parties share the goals (1) protecting the integrity the election process
implementing procedures that ensure the accuracy voter registration through
comprehensive maintenance the official lists registered voters, and (2)
ensuring that California residents are not removed from official lists registered
voters absent the procedural safeguards set forth the National Voter Registration
Act 1993 (NVRA). Accordingly, the Parties have negotiated good faith
resolve this matter the terms set forth below with the Court retaining
jurisdiction enforce the settlement necessary.
WHEREAS, The State California subject the requirements the
NVRA. U.S.C. 20502(4), 20503(b), 20507.
WHEREAS, The United States District Court for the Central District
California has jurisdiction over the Action pursuant U.S. and
1345. Venue proper this district pursuant U.S.C. 84(c) and 139l(b).
WHEREAS, Plaintiffs brought suit under the NVRAs private right
action, U.S.C. 2051 O(b and the Court has subject matter jurisdiction over
Plaintiffs claims, which arise under federal law. U.S.C. 1331.
WHEREAS, Registrar Logan the Registrar-Recorder/County Clerk
Los Angeles County, California, and is, under California law, the county elections
official responsible for collecting and processing voter registration data. Cal. Code
Regs. tit. 20108. l(i). Secretary Padilla the Secretary State California
and its chief state elections official. Cal. Elec. Code 2402(a); see U.S.C.
20509. Defendants are proper parties this action.
WHEREAS, The NVRA was enacted establish procedures that will
increase the number eligible citizens who register vote elections for Federal
office, make possible for Federal, State, and local governments
implement [the NVRA] manner that enhances the participation eligible
citizens voters elections for Federal office, protect the integrity the
electoral process, and ensure that accurate and current voter registration rolls
are maintained. U.S.C. 2050l(b)(l), (4).
WHEREAS, Section the NVRA (Section addresses state voter list
maintenance procedures for elections for federal office. U.S.C. 20507.
WHEREAS, Section provides that programs maintain accurate and
current voter registration lists must uniform and nondiscriminatory, must
comply with the Voting Rights Act 1965, and must not remove registrants solely reason registrants failure vote. U.S.C. 20507(b)(l (2).
WHEREAS, Section also requires states conduct general voter
registration list maintenance program that makes reasonable effort remove
persons from the voter list who have become ineligible reason death
change residence the registrant, accordance with procedures set forth the
NVRA. U.S.C. 20507(a)(4).
WHEREAS, Under Section S(d), U.S.C. 20507(d), registration
subject removal from the official list eligible voters grounds change
residence if:
(a) The registrant fails respond notice Section 8(d)(2)
Notice) that includes postage prepaid and preaddressed return
card sent forwardable mail, which the registrant may state his her current address, and which contains specific instructions and
information consistent with the language set forth U.S.C.
20507(d)(2), and
(b) The registrant then fails vote appear vote (or correct the
Registrars record) during the period ending the day after the
second federal general election subsequent the Section 8(d)(2)
notice being sent. U.S.C. 20507(d)(l)(B).
WHEREAS, Cal. Elec. Code 2226(b) provides that [t]he voter
registration any voter whose name has been placed the inactive file
registered voters for failure respond address verification mailing required Section 2225, and who does not offer vote vote any election between the
date the mailing and two federal general elections after the date that mailing,
may canceled. Cal. Elec. Code 2225 describes forwardable addressconfirmation notices that are sent registered voters believed have
changed addresses.
WHEREAS, Plaintiffs alleged their complaint, and have maintained
this litigation, that registrant who meets the conditions specified Section
S(d)(l) the NVRA must removed from the voter rolls.
WHEREAS, Defendants alleged answering the complaint, and have
maintained this litigation, that the removal from the rolls registrant who
meets the conditions specified Section 8(d)(l) the NVRA permissive, not
mandatory.
WHEREAS, The States NVRA manual and guidance published the
Office the Secretary State were informed that interpretation the NVRA,
and the Office the Registrar-Recorder/County Clerk Los Angeles County has
maintained list maintenance program line with that understanding.
WHEREAS, All Parties legal positions constitute good-faith interpretations the relevant statute.
WHEREAS, June 11, 2018, the United States Supreme Court issued its
ruling Husted Philip Randolph Inst., 138 Ct. 1833 (2018). The opinion that case stated that Section 8(d)
provides that State may remove registrant who (i) has failed
respond notice and (ii) has not voted appeared vote ...
during the period beginning the date the notice and ending
the day after the date the second general election for Federal office
that occurs after the date the notice (about four years).
20507(d)(l)(B). Not only are States allowed remove registrants
who satisfy these requirements, but federal law makes this removal
mandatory.
Id. 1841-42 (emphasis added), citing U.S.C. 20507(d)(3); U.S.C.
21083(a)(4)(A).
WHEREAS, Because the above-referenced language from the Husted
decision, the Parties agree that this action should resolved without further
litigation and without any admission liability wrongdoing Defendants.
WHEREAS, The Parties agree work fair, reasonable, and
collaborative fashion under the terms this Agreement set forth below.
NOW, THEREFORE, consideration the mutual promises and releases
set forth below, and for other good and valuable consideration, the receipt and
sufficiency which the Parties hereby acknowledge, the Parties hereby agree
follows:
Defendants represent that, April 27, 2018, there were
approximately 1,565,000 registrations Los Angeles Countys inactive file
registered voters.
All registrations that are Los Angeles Countys inactive file
registered voters but that are not currently scheduled cancelled after the
expiration the statutory waiting period described U.S.C.
20507(d)(l )(B)(ii), shall mailed address confirmation notice consistent
with the requirements U.S.C. 20507(d)(2), including the notice language
specified that provision, March 2019.
Registrar Logan shall make reasonable effort determine,
February 2019, which the registrations Los Angeles Countys inactive file registered voters may cancelled pursuant each the following provisions:
(a) All registrations Los Angeles Countys inactive file registered
voters that are associated with registrants who were sent Section
8(d)(2) Notice, who have not responded that Notice, and who
have been the inactive file for two general federal elections, shall cancelled February 18, 2019, unless prior that time the
registrant votes, appears vote, corrects their voter record,
otherwise able confirm the registrants eligibility vote.
(b) All registrations Los Angeles Countys inactive file registered
voters that are associated with registrants who were sent Section
8(d)(2) Notice, who have not responded that Notice, and who
have been the inactive file for period time that has included
one general federal election, shall cancelled within days
following the next general federal election, unless, prior that time,
the registrant votes, appears vote, corrects their voter record otherwise able confirm the registrants eligibility vote.
(c) All registrations Los Angeles Countys inactive file registered
voters that are associated with registrants who were sent Section
8(d)(2) Notice, who have not responded that Notice, and who
have been the inactive file for period time that does not
include general federal election, shall cancelled within days
following the second the next two general federal elections,
unless, prior that time, the registrant votes, appears vote,
corrects their voter record otherwise able confirm the
registrants eligibility vote.
Plaintiffs may request reasonable assurances that Defendants
reasonably are making have made the determinations described the preceding
paragraph. Defendants shall accommodate Plaintiffs requests long they are
not unduly burdensome.
All registrations that come placed Los Angeles Countys
inactive file registered voters the future that are associated with registrants
who not respond Section 8(d)(2) Notice shall cancelled within days
following the second the next two general federal elections occurring after the
registration placed that list, unless, prior that time, the registrant votes,
appears vote, corrects their voter record Defendants are otherwise able
confirm the registrants eligibility vote.
When Los Angeles County registrant sent forwardable notice
pursuant U.S.C. 20507(d)(2), and that mailing not responded
returned undeliverable, Los Angeles Countys elections officials shall place the
voters name Los Angeles Countys inactive file registered voters. The
Secretary State acknowledges that this implementation Section 8(d)(2) not
inconsistent with the NVRA.
Defendants will continue implement programs identify
registrants who may have moved passed away, send notices pursuant
U.S.C. 20507(d)(2), place registrations the inactive file registered voters,
and comply with the NVRA.
Information Clarified the Office the Secretary State
The Office the Secretary State shall remove from its website
document titled California NVRA Manual, updated August 2015. any
replacement for this manual, the Secretary State shall alter the instructions
provided the Voter List Maintenance chapter (Chapter that manual
conform the statement cited above from Husted Philip Randolph Inst., 138 Ct. 1833 (2018).
The Office the Secretary State shall send written advisory all
County Clerks/Registrars Voters California stating that the cited language
from Husted Philip Randolph Inst., 138 Ct. 1833 (2018) indicates that
current federal law requires the cancellation registrant who has failed
respond Section 8(d)(2) Notice and who then fails vote, offer vote,
correct the Registrars record, otherwise have their eligibility vote confirmed
for period time including the next two general federal elections.
Deceased Registrants
10.
Consistent with the NVRA, Defendants agree take reasonable steps review their ability identify registered voters who may have died other
California counties other states, including reviewing any existing contracts
relating this subject, and will review the use the Social Security
Administrations Death Master File for this purpose.
Reporling
11. January each year, Defendants shall communicate writing
with Judicial Watch, describing summary Los Angeles Countys existing
programs, activities, and procedures for complying with the list maintenance
requirements Section the NVRA, including programs relating felons and
those adjudicated mentally incompetent. Plaintiffs may request reasonable
clarifications explanations responsive writing Defendants. Defendants
may respond they deem appropriate.
12.
During the course the Action, Judicial Watch filled out the
applicable forms, followed the applicable procedures, and paid any applicable fees,
set forth California law, regarding request for official voter list, and
Defendants provided the requested voter list Judicial Watch. If, the future,
any the Plaintiffs fill out the applicable forms, follow the applicable procedures,
and pay the applicable fees, set forth California law, regarding request for
official voter list, Defendants will follow applicable statutory and regulatory
requirements and procedures.
13. January each year, Defendants shall provide the following
information Judicial Watch for the sole purpose ascertaining compliance with
this Agreement:
(a) The number active registrations Los Angeles County.
(b) The total number registrations Los Angeles Countys inactive
file registered voters.
(c) The number registrations placed Los Angeles Countys
inactive file the past year.
(d) The number registrations that have been continuously Los
Angeles Countys inactive file (or that have shown voting-related
activity) for
(i)
two consecutive general federal elections,
(ii) three consecutive general federal elections,
(iii) four consecutive general federal elections, and
(iv) five more consecutive general federal elections.
(e) The number Section 8(d)(2) Notices that Los Angeles County,
within the past year,
(i)
sent registrants,
(ii) received back from voters confirming registration,
(iii) received back confirming registration should invalidated,
(iv) received back undeliverable, and
(v) sent but did not receive back.
(f)
All updates to, new, manuals, formal guidance, advisory opinions,
training materials, FAQs, and administrative regulations governing concerning how Los Angeles County comply with the list
maintenance requirements Section the NVRA, including
programs relating felons and those adjudicated mentally
incompetent.
Enforcement and Tenn
14.
The Parties this Agreement must employ best efforts defend
against any legal challenge non-parties.
15.
The Parties acknowledge and agree that this Agreement shall become
effective upon (1) dismissal this Action this Court, with the Court retaining
jurisdiction enforce this Agreement necessary (which dismissal occurred
September 2018), and (2) execution the last signatory this Agreement
(such date, the Effective Date).
16.
The Parties obligations under this Agreement shall remain effect
and its terms shall remain enforceable upon all parties through date that
days after the date which the results the general federal election November
2024 are certified, which date the Agreement will terminate automatically
unless the Parties mutually agree extend the Court determines that the
Defendants have not substantially complied with its terms.
17.
The Parties agree work cooperatively ensure that the Court shall
retain jurisdiction over this Action and enter such further relief may
necessary for the effectuation the terms this Agreement.
18.
Each party shall bear its own costs and fees connection with the
Action.
19.
The signatories this Agreement represent that they are authorized
execute and bind themselves their respective organizations agencies this
Agreement.
Releases
20.
Except for claims enforce the terms this Agreement, and
consideration the mutual promises set forth this Agreement:
(a)
Plaintiffs hereby release and discharge the Defendants and
each their predecessors-in-interest, successors-in-interest, divisions,
subsidiaries (whether wholly, partially indirectly owned), co-venturers,
affiliates under common ownership, executors, heirs, administrators,
parents, officers, managers, shareholders, directors, employees, insurers,
attorneys, agents and each their respective successors and assigns from
any and all liabilities, actions, claims, causes action, suits, debts, dues,
sums money, accounts, reckonings, bills, covenants, contracts,
controversies, agreements, obligations, promises, acts, costs, expenses
(including, but not limited to, reasonable attorneys fees), damages,
judgments and demands, contingent vested, law equity, Plaintiffs
ever had now have against Defendants, from the beginning the
world through the Effective Date this Agreement.
(b)
Defendants hereby release and discharge the Plaintiffs and
each their predecessors-in-interest, successors-in-interest, divisions,
subsidiaries (whether wholly, partially indirectly owned), co-venturers,
affiliates under common ownership, executors, heirs, administrators,
parents, officers, managers, shareholders, directors, employees, insurers,
attorneys, agents and each their respective successors and assigns from
any and all liabilities, actions, claims, causes action, suits, debts, dues,
sums money, accounts, reckonings, bills, covenants, contracts,
controversies, agreements, obligations, promises, acts, costs, expenses
(including, but not limited to, reasonable attorneys fees), damages,
judgments and demands, contingent vested, law equity,
Defendants ever had now have against Plaintiffs, from the beginning the world through the Effective Date this Agreement.
Entire Agreement
21.
This Agreement contains the sole and entire agreement and
understanding the Parties with respect the entire subject matter hereof, and
any and all prior discussions, negotiations, commitments, understandings related
thereto, any, are hereby merged herein. supplementation, modification,
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterparts
22.
This Agreement may executed one more counterparts, each which shall deemed original, all which shall constitute one document.
Accepted and Agreed:
Judicial Watch, Inc.
Wolfgang Kupka
Rhue Guyant
Election Integrity Project California, Inc.
Jerry Griffin
By:- Its:-
Delores Mars
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Alex Padilla, his official
capacity California
Secretary State
Approved form:
Los Angeles County Counsel
By:
--c-~------.-----...-..-~-........,.-,----
Nicole Davis Tmkham
Assistant County Counsel
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterparts
22.
This Agreement may executed one more counterparts, each which shall deemed original, all which shall constitute one document.
Accepted and Agreed:
Judieial Wateh, Inc.
By:
Its:
Wolfgang Kupka
~;~
Rhue Guyant
Election Integrity Project California, Inc.
Jerry Griffin
By:_
Its:-
Delores Mars
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Alex Padilla, his official
capacity California
Secretary State
Approved form:
Los Angeles County Counsel
By: ___,, .,,...---------,.----.------.-_....-,-.,.-Nicole Davis Tmkham
Assistant County Counsel
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterparts
22.
This Agreement may executed one more counterparts, each which shall deemed original, all which shall constitute one document.
Accepted and Agreed:
Judicial Watch, Inc.
By:
Its:-
Rhue Guyant
Election Integrity Project California, Inc.
Jerry Griffin
By:
Its:
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Approved form:
Los Angeles County Counsel
By: ~~~~~~-
Nicole Davis Tmkham
Assistant County Counsel
Delores Mars
Alex Padilla, his official
capacity California
Secretary State
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterparts
22.
This Agreement may executed one more counterparts, each which shall deemed original, all which shall constitute one document.
Accepted and Agreed:
Judicial Watch, Inc.
By: -Its:
Election Integrity Project California, Inc.
Jerry Griffin
By: Its:
Delores Mars
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Alex Padilla, his official
capacity California
Secretary State
Approved form:
Los Angeles County Counsel
By: ~~~--~~~--Nicole Davis Tinkham
Assistant County Counsel
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterparts
22.
This Agreement may executed one more counterparts, each which shall deemed original, all which shall constitute one document.
Accepted and Agreed:
Judicial Watch, Inc.
Wolfgang Kupka
By: Its:
Rhue Guyant
Election Integrity Project California, Inc.
By:_
Its:
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Approved form:
Los Angeles County Counsel
By: ~~------~-~-Nicole Davis Tinkham
Assistant County Counsel
Delores Mars
Alex Padilla, his official
capacity California
Secretary State
Entire Agreement
This Agreement contains the sole and entire agreement and
understanding the Parties with respect the entire subject matter hereof, and
any and all prior discussions, negotiations, commitments, understandings related
thereto, any, are hereby merged herein. supplementation, modification,
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterp_arts
22.
This Agreement may executed one more counterparts,
each which shall deemed original, all which shall constitute one
document.
Accepted and Agreed:
Judicial Watch, Inc.
Wolfgang Kupka
By:_
Its:
Rhue Guyant
Election Integrity Project California,
Inc.
Jerry Griffin
By:_
Its:-
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Approved form:
Los Angeles County Counsel
By: -Nicole Davis Tinkham
Assistant County Counsel
1544154.1
Delores Mars
Alex Padilla, his official
capacity California
Secretary State
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterparts
22.
This Agreement may executed one more counterparts, each which shall deemed original, all which shall constitute one document.
Accepted and Agreed:
Judicial Watch, Inc.
Wolfgang Kupka
By:
Its:-
Rhue Guyant
Election Integrity Project California, Inc.
Jerry Griffin
By:
Its:
Delores Mars
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Alex Padilla, his official
capacity California
Secretary State
Approved form:
Los Angeles County Counsel
By: ~..,...---------,----,....-.--------,,..,..-----,----,---N 1co Davis Tinkham
Assistant County Counsel
waiver, termination this Agreement shall binding unless executed
writing the Party bound thereby.
Counterparts
22.
This Agreement may executed one more counterparts, each which shall deemed original, all which shall constitute one document.
Accepted and Agreed:
Judicial Watch, Inc.
Wolfgang Kupka
By:
Its:
Rhue Guyant
Election Integrity Project California, Inc.
Jerry Griffin
By:- Its:-
Delores Mars
Dean Logan, his official capacity
Registrar-Recorder/County Clerk
Los Angeles County
Alex Padilla, his official
capacity California
Secretary State
Approved form:
Los Angeles
C~unrs.on
By:~~
NIA.DAVIS TINKHAM
Assistant County Counsel