Transcript of SC-Beeney/Andino

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
(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
(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
(202) 416-0257
Court Reporter:
Bryan A. Wayne, RPR, CRR

Official Court Reporter
U.S. Courthouse, Room 4704-A
333 Constitution Avenue, NW
(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
(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
Foundation, Inc.
230 Peachtree Street, NW
Suite 1440
Atlanta, GA 30303
(404) 523-2721
SUSAN K. DUNN, ESQUIRE
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
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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
01:39PM
01:40PM
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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
168
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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.
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And in addition to this broader list of IDs and early
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01:46PM
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A.
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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,
4 of 59 sheets
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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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182
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
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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
02:39PM
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
02:45PM
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
02:46PM
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

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
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
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
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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
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
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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04:16PM
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
04:16PM
04:17PM
04:17PM
04:17PM
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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04:22PM
04:23PM
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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26 of 59 sheets
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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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
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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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
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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
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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
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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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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?

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

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,
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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
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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,
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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
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08/28/2012 10:15:12 PM

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165

ARTHUR B. SPITZER, ESQUIRE

UNITED STATES DISTRICT COURT

J. GERALD HEBERT, ESQUIRE

Pages 163 thru 325

MIMI MARZIANI, ESQUIRE

MARK A. POSNER, ESQUIRE

H. CHRISTOPHER BARTOLOMUCCI, ESQ.

Bryan A. Wayne, RPR, CRR

H. CHRISTOPHER COATES, ESQUIRE

Proceedings recorded by mechanical stenography; transcript

For Defendant Intervenors:

BRADLEY E. HEARD, ESQUIRE

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.)

Good afternoon, Lieutenant Governor.

Lieutenant Governor, when you were considering voter

identification legislation during the 2009 through 2011 time

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

photo identification requirement?

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

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

having supported the bill or being a cosponsor or whatever.

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

like the Senate addressed them with our compromise amendment.

we included outreach, we included education, we included

Page 163 to 166 of 325

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

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.

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

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

would do to try to bring the sides together.

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

also in the act that was presented to the governor for

unanimously adopted with African American members voting in

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

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

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

education, the provisional ballot, the reasonable impediment.

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

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

severability clauses and things like that.

show any state or federal employee, including IDs issued by

political subdivisions. Is that right?

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

And Lieutenant Governor, did you support or vote for Act

R54 or any predecessor legislation with any purpose to

discriminate against minority voters?

about public service districts and whether they would produce a