abbott voterid clarification

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION MARC VEASEY, et al., Plaintiffs, VS. CIVIL ACTION NO. 2:13-CV-00193 RICK PERRY, et al., Defendants.

DEFENDANTS UNOPPOSED MOTION FOR LEAVE TO FILE ADVISORY CONCERNING GUIDANCE FOR THE NOVEMBER 2014 ELECTIONS

Defendants respectfully request leave to file an advisory concerning guidance

for the November 2014 Elections. Ex. 1 (Advisory). The Court previously foreclosed

the filing of any further pleadings in the case unless leave is first sought with the

Court. Sept. 22, 2014 Tr. at 12:3-5. Therefore, Defendants request leave to file the

attached advisory.

Pursuant to the local rules, counsel for Defendants conferred with counsel for

Plaintiffs, and this motion is unopposed.

Dated: October 10, 2014

Respectfully submitted, GREG ABBOTT Attorney General of Texas DANIEL T. HODGE First Assistant Attorney General JONATHAN F. MITCHELL

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Case 2:13-cv-00193 Document 629 Filed in TXSD on 10/10/14 Page 1 of 4

Solicitor General /s/ J. Reed Clay, Jr. J. REED CLAY, JR. Special Assistant and Senior Counsel to the Attorney General Southern District of Texas No. 1160600 JOHN B. SCOTT Deputy Attorney General for Civil Litigation Southern District of Texas No. 10418 Texas State Bar No. 17901500 ATTORNEY-IN-CHARGE ADAM W. ASTON Deputy Solicitor General Southern District of Texas No. 2157041 G. DAVID WHITLEY Assistant Deputy Attorney General Southern District of Texas No. 2080496 STEPHEN RONALD KEISTER Assistant Attorney General Southern District of Texas No. 18580 JENNIFER MARIE ROSCETTI Assistant Attorney General Southern District of Texas No. 224780 LINDSEY ELIZABETH WOLF Assistant Attorney General Southern District of Texas No. 2292940 FRANCES WHITNEY DEASON Assistant Attorney General Southern District of Texas No. 2302872 STEPHEN LYLE TATUM, JR. Assistant Attorney General Southern District of Texas No. 2338090 209 West 14th Street P.O. Box 12548

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Austin, Texas 70711-2548 (512) 475-0131 BEN A. DONNELL Donnell, Abernethy & Kieschnick 555 N. Carancahua, Suite 1770 Corpus Christi, Texas 78401-0853 Southern District of Texas No. 5689 COUNSEL FOR THE STATE OF TEXAS, RICK PERRY, JOHN STEEN, and STEVE MCCRAW

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CERTIFICATE OF SERVICE

I hereby certify that on October 10, 2014, a true and correct copy of the foregoing document was served via the Courts ECF system to all counsel of record.

/s/ J. Reed Clay, Jr. J. REED CLAY, JR.

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Exhibit 1 (Advisory)

Case 2:13-cv-00193 Document 629-1 Filed in TXSD on 10/10/14 Page 1 of 4

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS

CORPUS CHRISTI DIVISION MARC VEASEY, et al., Plaintiffs, VS. CIVIL ACTION NO. 2:13-CV-00193 RICK PERRY, et al., Defendants.

ADVISORY REGARDING GUIDANCE FOR THE NOVEMBER 2014 ELECTIONS

Last night, this Court entered an opinion stating that S.B. 14 is illegal. Yet it

has not entered final judgment or an injunction, though the opinion says they are

forthcoming. The remedy described, although not implemented by the Court, is not

clear. The scope of the planned injunction appears to be quite broad (much broader

than it should be, even assuming the Court is correct regarding the merits of this

case), but it is not described in any detail. Nor does the Courts opinion announce

the anticipated timing of its injunction. It is not clear if the Courts injunction will

apply to this election. On the one hand, this Court has seemed intent on deciding

these issues in time for this election. On the other hand, the Supreme Courts

decision in Purcell (and recent decisions regarding election laws in Wisconsin, Ohio,

and North Carolina) counsel this Court against upsetting the status quo. In Texas,

the status quo is that Voter ID is in effect. It has been already been used, without

incident, in 3 statewide elections.

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If this Courts purpose in implementing a hurried discovery period and

holding trial in the midst of an election (over the protests of most plaintiffs, the

Department of Justice, and the defendants) was designed to impact the current

election, the Court has already succeeded. The issuance of an opinion with no

injunction or direction regarding the timing of the injunction is already adding to

the confusion created by the Courts decision. Texas respectfully requests that the

Court enter the planned injunction and judgment by the close of business today.

Dated: October 10, 2014

Respectfully submitted, GREG ABBOTT Attorney General of Texas DANIEL T. HODGE First Assistant Attorney General JONATHAN F. MITCHELL Solicitor General /s/ J. Reed Clay, Jr. J. REED CLAY, JR. Special Assistant and Senior Counsel to the Attorney General Southern District of Texas No. 1160600 JOHN B. SCOTT Deputy Attorney General for Civil Litigation Southern District of Texas No. 10418 Texas State Bar No. 17901500 ATTORNEY-IN-CHARGE ADAM W. ASTON Deputy Solicitor General Southern District of Texas No. 2157041

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G. DAVID WHITLEY Assistant Deputy Attorney General Southern District of Texas No. 2080496 STEPHEN RONALD KEISTER Assistant Attorney General Southern District of Texas No. 18580 JENNIFER MARIE ROSCETTI Assistant Attorney General Southern District of Texas No. 224780 LINDSEY ELIZABETH WOLF Assistant Attorney General Southern District of Texas No. 2292940 FRANCES WHITNEY DEASON Assistant Attorney General Southern District of Texas No. 2302872 STEPHEN LYLE TATUM, JR. Assistant Attorney General Southern District of Texas No. 2338090 209 West 14th Street P.O. Box 12548 Austin, Texas 70711-2548 (512) 475-0131 BEN A. DONNELL Donnell, Abernethy & Kieschnick 555 N. Carancahua, Suite 1770 Corpus Christi, Texas 78401-0853 Southern District of Texas No. 5689 COUNSEL FOR THE STATE OF TEXAS, RICK PERRY, JOHN STEEN, and STEVE MCCRAW

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Exhibit 1Advisory Concerning Guidance for the 2014 Elections 10-10-14 AA JRC JB edits

abbott voterid clarification

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