Filing # 33330892 E-Filed 10/16/2015 12:42:18 PM

IN THE SUPREME COURT OF CASE NO. SC14-1905

THE LEAGUE OF WOMEN VOTERS OF FLORIDA, et al.,

Appellants, L.T. Case No. 1D14-3953 vs.

KEN DETZNER, et al.,

Appellees. ______/ ______

ON DISCRETIONARY REVIEW OF AN ORDER OF THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA, CERTIFIED BY THE FIRST DISTRICT COURT OF APPEAL AS PASSING UPON A QUESTION OF GREAT PUBLIC IMPORTANCE ______JOINT APPENDIX ______

RECEIVED, 10/16/201512:43:51 PM,Clerk,Supreme Court

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League of Women Voters of Florida, et al. v. Detzner, et al. Case No. SC14-1905

TABLE OF CONTENTS

Tab Document Appendix Pages

A. Agreed Scheduling Order, 1-5 dated July 30, 2015

B. Order on Motion for Further Relinquishment of 6-14 Jurisdiction, dated September 4, 2015

C. Agreed Scheduling Order, 15-18 dated September 21, 2015

D. Joint Exhibit 1, 19-23 Benchmark Congressional Plan

E Joint Exhibit 2, 24-27 Plan 9047

F Joint Exhibit 3, 28-31 Plan 9057

G Joint Exhibit 4, 32-37 Plan 9065

H Joint Exhibit 5, 38-43 Plan 9071

I Joint Exhibit 6, 44-49 Plan 9062

J Joint Exhibit 7, 50-55 Plan 9066

K Joint Exhibit 8, 56-61 Plan CP-1

L Joint Exhibit 9, 62-67 Plan CP-2

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League of Women Voters of Florida, et al. v. Detzner, et al. Case No. SC14-1905

M Joint Exhibit 10, 68-73 Plan CP-3

N Joint Exhibit 11, 74-79 Romo Plan

O Hearing Transcript Volume I, 80-174 September 24, 2015

P Hearing Transcript Volume II, 175-363 September 24, 2015

Q Hearing Transcript Volume III, 364-475 September 25, 2015

R Hearing Transcript Volume IV, 476-596 September 25, 2015

S Hearing Transcript Volume V, 597-729 September 28, 2015

T Hearing Transcript Volume VI, 730-863 September 28, 2015

U Order Recommending Adoption of Remedial Map, 864-901 dated October 9, 2015

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League of Women Voters of Florida, et al. v. Detzner, et al. Case No. SC14-1905

CERTIFICATE OF SERVICE

I certify that on October 16, 2015, a copy of this appendix was served by e- mail to all counsel on the attached service list.

By: /s/ Raoul G. Cantero Raoul G. Cantero

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League of Women Voters of Florida, et al. v. Detzner, et al. Case No. SC14-1905

SERVICE LIST

Abha Khanna John M. Devaney Kevin J. Hamilton Mark Erik Elias Ryan Spear Elisabeth C. Frost Perkins Coie, LLP Perkins Coie, LLP 1201 Third Avenue, Ste. 4800 700 Thirteenth Street, NW, Ste. 700 Seattle, WA 98101-3099 Washington, DC 20005 Telephone: (206) 359-8000 Telephone: (202) 654-6200 Facsimile: (206) 359-9000 Facsimile: (202) 654-6211 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected]

Mark Herron Robert Telfer Messer Caparello & Self, P.A. Post Office Box 1876 Tallahassee, FL 32302-1876 Telephone: 850-222-0720 E-mail: [email protected] E-mail: [email protected] secondary: [email protected] secondary: [email protected]

Counsel for Appellants, Rene Romo, Benjamin Weaver, William Everett Warinner, Jessica Barrett, June Keener, Richard Quinn Boylan and Bonita Agan

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League of Women Voters of Florida, et al. v. Detzner, et al. Case No. SC14-1905

John S. Mills David B. King Andrew D. Manko Thomas A. Zehnder Courtney Brewer Frederick S. Wermuth The Mills Firm PA Vincent Falcone III 203 North Gadsden Street, Suite 1A King Blackwell Zehnder Wermuth Tallahassee, FL 32301 P.O. Box 1631 Telephone: (850) 765-0897 Orlando, FL 32802-1631 Facsimile: (850) 270-2474 Telephone: (407) 422-2472 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] secondary: [email protected] E-mail: [email protected]

Ronald Meyer Gerald E. Greenberg Lynn Hearn Adam M. Schachter Meyer Brooks Demma and Blohm PA Gelber Schachter & Greenberg PA 131 North Gadsden Street 1441 Brickell Avenue, Suite 1420 Tallahassee, FL 32301 , FL 33131 Telephone: (850) 878-5212 Telephone: (305) 728-0950 Facsimile: (850) 656-6750 Facsimile: (305) 728-0951 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected]

J. Gerald Hebert Jessica Ring Amunson 191 Somervelle Street, #405 Paul Smith Alexandria, VA 22304 Michael B. DeSanctis Telephone: (703) 628-4673 Jenner & Block LLP E-mail: [email protected] 1099 New York Ave, N.W., Ste. 900 Washington, DC 20001-4412 Telephone: (202) 639-6023 Facsimile: (202) 661-4993 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected]

Counsel for Appellants, The League of Women Voters of Florida, The National Council of La Raza, Common Cause Florida; Robert Allen Schaeffer, Brenda Ann Holt, Roland Sanchez-Medina, Jr., and John Steele Olmstead

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J. Andrew Atkinson Michael A. Carvin Florida Department Of State Louis K. Fisher R.A. Gray Building Jones Day 500 S. Bronough Street 51 Louisiana Avenue, N.W. Tallahassee, FL 32399 Washington, DC 20001 Telephone: (850) 245-6536 Telephone: (202) 879-7643 E-mail: Facsimile: (202) 626-1700 [email protected] E-mail: [email protected] E-mail: [email protected] Attorneys for Appellee, Ken Detzner, in his Official Capacity as Florida Attorneys for Appellees, the Florida Secretary of State Senate and President Andy Gardiner

Blaine H. Winship Martha A. Pardo Office Of Attorney General LatinoJustice PRLDEF Capitol, Pl-01 523 West Colonial Drive Tallahassee, FL 32399-1050 Orlando, FL 32804 Telephone: (850) 414-3300 Telephone: (321)418-6354 Facsimile: (850) 401-1630 Facsimile: (321)418-6354 E-Mail: Email: [email protected] [email protected] Counsel for Amici Curiae LatinoJustice Counsel for Appellee, Pam Bondi, in her PRLDEF, Florida NewMajority and Mi capacity as Florida Attorney General Familia Vota

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Victor L. Goode Allison J. Riggs Dorcas R. Gilmore George Eppsteiner NAACP Southern Coalition For Social Justice 4805 Mt. Hope Drive 1415 West Highway 54, Ste. 101 Baltimore, MD 21215-3297 Durham, NC 27707 Telephone: (410) 580-5790 Telephone: (919) 323-3380 Facsimile: (410) 358-9350 Facsimile: (919) 323-3942 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] E-mail: [email protected]

Nancy Abudu American Civil Liberties Union of Florida Foundation Post Office Box 12723 Pensacola, FL 32591-2723 Telephone: (786) 363-2738 Facsimile: (786) 363-1985 E-mail: [email protected]

Counsel for Appellee, the Florida State Conference of NAACP Branches

Charles T. Wells Matthew J. Carson George N. Meros, Jr. General Counsel, The Florida Jason L. Unger House of Representatives Andy Bardos 422 The Capitol GrayRobinson, P.A. 402 South Monroe Street Post Office Box 11189 Tallahassee, Florida 32399-1300 Tallahassee, Florida 32302 Telephone: 850-717-5500 Telephone: (850) 577-9090 E-mail: matthew.carson@ E-mail: [email protected] myfloridahouse.gov E-mail: [email protected] E-mail: [email protected] E-mail: [email protected]

Attorneys for Appellees, the Florida House of Representatives and Speaker Steve Crisafulli

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J.A. 1 J.A. 2 J.A. 3 J.A. 4 J.A. 5 Supreme Court of Florida

FRIDAY, SEPTEMBER 4, 2015

CASE NO.: SC14-1905 Lower Tribunal No(s).: 1D14-3953; 372012CA000412XXXXXX; 372012CA000490XXXXXX

THE LEAGUE OF WOMEN vs. KEN DETZNER, ET AL. VOTERS OF FLORIDA, ETC., ET AL.

Appellants/Cross-Appellees Appellees/Cross-Appellants

This case is back before the Court on the Florida House of Representatives’

“Motion for Further Relinquishment of Jurisdiction,” filed on August 24, 2015, after the adjourned its special redistricting session sine die on

August 21, 2015, without having enacted a remedial congressional redistricting plan as required by the Court’s July 9, 2015, opinion in this case. Stating that it

“does not anticipate that the Legislature will enact a remedial plan in advance of the 2016 elections,” the House specifically requests the Court to “initiate proceedings toward the judicial adoption” of a remedial redistricting plan. For its part, the trial court entered an order on August 26, 2015, stating that “it appears unlikely that a Legislative plan will be provided . . . for review, in a timely fashion” and “request[ing] further direction from the Court.”

J.A. 6 The Court, having reviewed the House’s motion and the responses of the parties, enters the following order on relinquishment. The House’s motion is hereby granted in part and denied in part.

The House’s motion is granted to the extent it seeks relinquishment proceedings in the trial court as a result of the Legislature’s failure to enact a remedial congressional redistricting plan. As part of the relinquishment proceedings, the trial court shall hold a hearing in which it shall consider

“proposed remedial plans from the parties”—as requested in the House’s motion— especially focusing on the map passed during the special session by the House, and any amendments offered thereto; the map passed during the special session by the

Senate, and any amendments offered thereto; and the areas of agreement between the legislative chambers.

The parties may present their arguments and evidence in support of, or in opposition to, the “proposed remedial plans.” The Court reemphasizes that the burden remains on the House and Senate to justify their chosen configurations.

The trial court shall then make a recommendation to the Court, before the end of the relinquishment period, as to which map proposed by the parties—or which

J.A. 7 portions of each map—best fulfills the specific directions in the Court’s July 9,

2015, opinion and all constitutional requirements.

The House’s motion is denied to the extent it seeks an expansion of the current 100-day relinquishment period, which will terminate no later than October

17, 2015. However, the Legislature is not precluded from enacting a remedial plan prior to the time the trial court sets for the hearing. The Court’s July 9, 2015, opinion did not include a directive regarding the specific timing of the special session or provide a certain date by which the Legislature was required to enact a remedial plan, and, in fact, the trial court’s initial agreed scheduling order entered on July 30, 2015, contemplated that “unanticipated contingencies may arise in any legislative process.” Should the Legislature enact a remedial plan prior to the time the trial court sets for the hearing, the relinquishment proceedings shall proceed as previously set forth in the Court’s July 9, 2015, opinion, so long as sufficient time remains for the trial court to hold the hearing and make a recommendation to the

Court before the end of the relinquishment period. The relinquishment shall, in any event, terminate immediately upon the trial court’s rendition of the order containing its recommendation to the Court.

J.A. 8 The House’s motion is also denied to the extent the House seeks to characterize any plan recommended by the trial court and ultimately approved by the Court as an “interim” or “provisional” plan. The Court has an “obligation to provide certainty to candidates and voters regarding the legality of the state’s congressional districts.” League of Women Voters of Fla. v. Detzner, 40 Fla. L.

Weekly S432, 2015 WL 4130852, at *3 (Fla. July 9, 2015). The Court notes that the judiciary sometimes must adopt a redistricting plan when the Legislature fails or is unable to do so, as previously occurred in Florida in 1992. See DeGrandy v.

Wetherell, 794 F. Supp. 1076, 1083 (N.D. Fla. 1992).

The Court further denies the House’s motion to the extent it seeks any discovery. The Court’s opinion did not contemplate discovery during the remedial proceedings, as it contemplated instead that the remedial map-drawing would occur transparently and on the record. The Court declines to revisit this issue or to authorize any discovery beyond what is part of the judicial or legislative record.

Finally, the Court at this time denies the Appellants’ request to immediately terminate the relinquishment, in light of the Legislature’s failure to enact a remedial plan during the August special session, and to “promptly adopt a remedial plan” itself. The Court further denies the Romo Appellants’ suggestion that any

J.A. 9 remedial maps submitted by the Legislature are entitled to little judicial consideration.

All other aspects of the Court’s July 9, 2015, opinion, and corresponding relinquishment order, remain in effect.

LABARGA, C.J., and PARIENTE, QUINCE, and PERRY, JJ., concur. LABARGA, C.J., concurs with an opinion, in which PERRY, J., concurs. LEWIS, J., concurs in part and dissents in part with an opinion. CANADY, J., concurs in part and dissents in part with an opinion, in which POLSTON, J., concurs.

LABARGA, C.J., concurring.

I fully concur with the order entered today. This Court was called upon to carry out its constitutional duty to review the judgment of the circuit court and the congressional redistricting map enacted by the Legislature. That map was found constitutionally defective in several respects, as fully explained in our decision in this litigation. See League of Women Voters of Fla. v. Detzner, 40 Fla. L. Weekly

S432, 2015 WL 4130852 (Fla. July 9, 2015). Unfortunately, the Legislature could not agree on a remedial plan during the special session that was called for that purpose. We remain mindful that the task of congressional redistricting under our current constitutional structure falls first and foremost upon the Legislature. That

J.A. 10 is precisely why this Court remanded the case to the circuit court for further proceedings in which the Legislature was given the opportunity to correct the map’s constitutional deficiencies.

It has been the goal of this Court that the Legislature will complete its task and adopt a remedial map in accordance with the directions in our July 9, 2015, opinion. Sufficient time exists for the Legislature to accomplish this task before the matter is scheduled for a hearing before the trial court, should the House and

Senate agree to convene for another special session. However, if the two houses of the Legislature cannot join together to pass a plan within this time, the judiciary must take steps to ensure that a constitutionally compliant congressional redistricting plan is in place, as noted in the order and requested in the House’s motion, to provide certainty to candidates and voters.

I also agree with the majority that such a plan cannot be an interim or provisional one. An orderly and foreseeable constitutional end point must be reached in this process. Anything less makes a mockery of the will of the voters who passed the Fair Districts amendment. The order issued today accomplishes these goals in a fair manner with full opportunity provided to the Legislature to

J.A. 11 fulfill its duty to jointly adopt a remedial map that complies with this Court’s July

9, 2015, opinion.

PERRY, J., concurs.

LEWIS, J., concurring in part and dissenting in part.

I do not agree that this Court should be attempting to micromanage the trial court proceedings by directives that specify any special focus upon any particular item of evidence. This is an action pending in the court below and that court should consider evidence from the parties, as in any other legal action, and base a decision on that evidence without an improper instruction that directs the focus on only one particular item of evidence.

Additionally, in my view it is also improper for this Court to prejudge that which may or may not occur and rule in advance upon what may or may not be precluded. Further, this Court should not prejudge or enter an advisory opinion as to what will happen if a party takes a particular action that has not occurred.

I agree with all other provisions of the order that essentially permit the trial court to enter its judgment on the evidence presented as in any other legal action.

J.A. 12 CANADY, J., concurring in part and dissenting in part.

I concur with the majority’s order to the extent that it grants the House’s motion and denies the requests of the Appellants. I dissent, however, from the denial of the House’s request for an extension of the relinquishment period and for authorization of discovery relative to any proposed remedial plans. I would decline to address the House’s suggestion that any redistricting plan adopted by the

Court should expressly be an interim or provisional plan that will remain in place only until superseded by subsequent legislation.

POLSTON, J., concurs.

A True Copy Test:

ks Served:

DAVID B. KING FREDERICK STANTON JOHN STEWART MILLS WERMUTH MARK HERRON THOMAS ALAN ZEHNDER ROBERT J. TELFER, III COURTNEY REBECCA BREWER ANDREW DAVID MANKO

J.A. 13 VINCENT FALCONE, III MARTHA ANGELA PARDO GERALD EDWARD GREENBERG HON. BOB INZER, CLERK ADAM MICHAEL SCHACHTER RONALD GUSTAV MEYER JOHN M. DEVANEY ABHA KHANNA MARC ERIK ELIAS KEVIN J. HAMILTON GEORGE N. MEROS, JR. RYAN SPEAR BLAINE H. WINSHIP MICHAEL A. CARVIN RAOUL G. CANTERO, III VICTOR L. GOODE CHARLES TALLEY WELLS DORCAS R. GILMORE JASON LAWRENCE UNGER ANITA S. EARLS J. ANDREW ATKINSON LOUIS K. FISHER ANDRE VELOSY BARDOS JERRY WILSON MATTHEW JOSEPH CARSON HON. TERRY POWELL LEWIS, GEORGE T. LEVESQUE JUDGE ALLISON J. RIGGS MICHAEL B. DESANCTIS JASON NELSON ZAKIA J. GERALD HEBERT JESSE LUKE GREEN PAUL M. SMITH GEORGE EDWARD EPPSTEINER JESSICA RING AMUNSON NANCY GBANA ABUDU

J.A. 14 J.A. 15 J.A. 16 J.A. 17 J.A. 18 J.A. 19 J.A. 20 J.A. 21 J.A. 22 J.A. 23 J.A. 24 J.A. 25 J.A. 26 J.A. 27 J.A. 28 J.A. 29 J.A. 30 J.A. 31 J.A. 32 J.A. 33 J.A. 34 J.A. 35 J.A. 36 J.A. 37 J.A. 38 J.A. 39 J.A. 40 J.A. 41 J.A. 42 J.A. 43 J.A. 44 J.A. 45 J.A. 46 J.A. 47 J.A. 48 J.A. 49 J.A. 50 J.A. 51 J.A. 52 J.A. 53 J.A. 54 J.A. 55 J.A. 56 J.A. 57 J.A. 58 J.A. 59 J.A. 60 J.A. 61 J.A. 62 J.A. 63 J.A. 64 J.A. 65 J.A. 66 J.A. 67 J.A. 68 J.A. 69 J.A. 70 J.A. 71 J.A. 72 J.A. 73 J.A. 74 J.A. 75 J.A. 76 J.A. 77 J.A. 78 J.A. 79 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

RENE ROMO, et al. Plaintiffs, vs. CASE NO: 2012-CA-412

KEN DETZNER and PAM BONDI, Defendants. /

THE LEAGUE OF WOMEN VOTERS OF FLORIDA, et al. Plaintiffs, vs. CASE NO: 2012-CA-490

KEN DETZNER, et al. Defendants. /

VOLUME 1 Pages 1 through 95

IN RE: Evidentiary Hearing

BEFORE: Honorable Terry P. Lewis

DATE: September 24, 2015

TIME: Commenced at 9:30 a.m. Adjourned at 11:57 a.m.

PLACE: Leon County Courthouse Courtroom 3G Tallahassee, Florida

REPORTED BY: SARAH B. GILROY, RPR, CRR [email protected]

ACCURATE STENOTYPE REPORTERS, INC. Tallahassee, FL 32301 850.878.2221

J.A. 80 2

1 APPEARANCES:

2 REPRESENTING THE ROMO PLAINTIFFS: JOHN M. DEVANEY, ESQUIRE 3 [email protected] Perkins Coie, LLP 4 700 Thirteenth Street, NW, Suite 700 Washington,D.C., 20005 5 REPRESENTING THE COALITION PLAINTIFFS: 6 DAVID B. KING, ESQUIRE [email protected] 7 THOMAS A. ZEHNDER, ESQUIRE [email protected] 8 FRITZ WERMUTH, ESQUIRE [email protected] 9 King, Blackwell, Zehnder & Wermuth 25 East Pine Street 10 Orlando, Florida 32301

11 REPRESENTING THE FLORIDA HOUSE: GEORGE N. MEROS, JR., ESQUIRE 12 [email protected] ANDY BARDOS, ESQUIRE 13 [email protected] GrayRobinson 14 301 South Bronough Street, Suite 600 Tallahassee, Florida 15 REPRESENTING : 16 RAOUL G. CANTERO, III, ESQUIRE [email protected] 17 JASON N. ZAKIA, ESQUIRE [email protected] 18 JESSE L. GREEN, ESQUIRE [email protected] 19 White & Case, LLP Southeast Financial Center 20 200 South Biscayne Boulevard, Suite 4900 Miami, Florida 33131 21

22

23

24

25

ACCURATE STENOTYPE REPORTERS, INC. J.A. 81 3

1 INDEX - VOLUME 1

2 WITNESSES PAGE NO.

3 JASON POREDA Direct Examination by Mr. Meros 66 4

5 EXHIBITS (All received in evidence) 6 Joint Exhibits 1 to 11 66 7 House Exhibits 8 1 to 90 66 247 to 249 66 9 Senate Exhibits 10 3 to 5 66 20 to 40 66 11 Coalition Exhibits 12 1 to 30 66 32 to 42 66 13

14

15

16

17

18

19

20

21

22

23

24

25

ACCURATE STENOTYPE REPORTERS, INC. J.A. 82 4

09:39 1 THE BAILIFF: All rise. Come to order. The

09:39 2 honorable Terry P. Lewis presiding.

09:39 3 THE COURT: Have a seat.

09:39 4 THE BAILIFF: Please silence your cell phones.

09:39 5 THE COURT:I guess I just rode by my office

09:39 6 on the way here, and I got a motion in limine,

09:39 7 which I have a response to, but not the motion.I

09:39 8 was told there was a motion to intervene, too, that

09:39 9 I don't have.

09:39 10 MR. ZEHNDER: Morning, Your Honor, Tom Zehnder

09:39 11 on behalf of the coalition plaintiffs.I have a

09:39 12 bench copy of the motion for you, if I may

09:39 13 approach?

09:39 14 THE COURT: Yes, sir.

09:40 15 MR. ZEHNDER: Your Honor, we also have one

09:40 16 other housekeeping matter that's long overdue, with

09:40 17 the Court's permission.A couple of days ago we

09:40 18 filed an unopposed motion to withdraw to allow the

09:40 19 former lead counsel for the coalition plaintiffs to

09:40 20 finally get out of the case.

09:40 21 They haven't been actively involved since we

09:40 22 took over as lead. That's Jenner & Block and

09:40 23 Mr. Hebert.I have an order if the Court would be

09:40 24 willing to sign that.

09:40 25 May I approach?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 83 5

09:40 1 THE COURT: Yes.

09:40 2 MR. ZEHNDER: Judge, would you keep that and

09:40 3 give it to Laura?

09:40 4 THE COURT: It actually goes to the clerk. Do

09:40 5 we have a clerk here? There she is. Can't see you

09:40 6 there.

09:40 7 MR. ZEHNDER: Thank you, Your Honor.

09:40 8 MR. RUIZ-CARUS: Your Honor, if I might,I

09:40 9 represent Congressman Daniel Webster. We filed a

09:40 10 motion to intervene.I have a copy for the Court

09:40 11 if I can pass it on.

09:41 12 THE COURT: Are you Mr. Ruiz?

09:41 13 MR. RUIZ-CARUS:I am. I'm Isaac Ruiz-Carus,

09:41 14 Your Honor.I represent Congressman Webster. We

09:41 15 filed this earlier. We're not seeking any delay.

09:41 16 I just want a seat at the table.I want to be able

09:41 17 to examine witnesses.

09:41 18 As you know, he's the Congressman from

09:41 19 District 10. His interests aren't going to be

09:41 20 represented here, because District 10 looks

09:41 21 essentially the same on all the maps that have been

09:41 22 presented. We think that it's become a majority

09:41 23 minority district. We think there is some

09:41 24 significant differences that meets Your Honor's

09:41 25 prior test for favoritism and disfavor of an

ACCURATE STENOTYPE REPORTERS, INC. J.A. 84 6

09:41 1 incumbent.

09:41 2 We would like to be able to present those

09:41 3 arguments and cross-examine the witnesses.

09:41 4 MR. CANTERO: Your Honor, Raoul Cantero for

09:41 5 the Florida Senate.I speak for the legislative

09:41 6 parties when I say that we think it's a little late

09:41 7 to be coming in here at this late date and

09:42 8 intervening when so much has happened. We have all

09:42 9 been through a lot. And even these maps that

09:42 10 constitute Districts 9 and 10 have been out there

09:42 11 for quite a while, at least a month.

09:42 12 . And certainly when the base map came out

09:42 13 August 5th, they were already drawn that way.I

09:42 14 think the moment to intervene has long since

09:42 15 passed, and we don't think it's necessary at this

09:42 16 point, certainly too late.

09:42 17 THE COURT: Do you speak for the House as

09:42 18 well?

09:42 19 MR. MEROS: Yes.

09:42 20 THE COURT: How about the plaintiffs?

09:42 21 MR. KING: Your Honor, an amazing development.

09:42 22 We actually agree with the Legislature. We think

09:42 23 this is untimely and improper and shouldn't be

09:42 24 permitted.

09:42 25 MR. DEVANEY: Your Honor, John Devaney for

ACCURATE STENOTYPE REPORTERS, INC. J.A. 85 7

09:42 1 Romo plaintiffs. We concur.

09:42 2 THE COURT: In the face of all that

09:42 3 opposition, what do you say?

09:42 4 MR. RUIZ-CARUS: We would say, Your Honor,

09:42 5 that the final maps were filed last week. We

09:42 6 reviewed them.I was just retained recently. I'm

09:42 7 not looking at adding witnesses. I'm not sure how

09:42 8 that would delay or prejudice the proceedings.

09:42 9 I'm simply looking to cross-examine, to the

09:42 10 extent that it's even necessary, some of these

09:43 11 witnesses, and to present whatever the short

09:43 12 argument is so that the Court can consider it, and

09:43 13 be part of the discourse. Otherwise we've got to

09:43 14 wait until the plaintiff is through, and we can

09:43 15 file a later suit attacking it.

09:43 16 I believe this can be part of the discourse on

09:43 17 the front end.

09:43 18 THE COURT: Well, I'm generally sympathetic to

09:43 19 somebody who wants to get in there.I do agree

09:43 20 it's kind of late to do it. And even your taking

09:43 21 part in cross-examining witnesses is going to take

09:43 22 up some time. You know, the issues were framed and

09:43 23 have been litigated, and we're at a point now, you

09:43 24 would be raising different issues,I think. So I

09:43 25 will deny the motion.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 86 8

09:43 1 MR. RUIZ-CARUS: Thank you, Your Honor.

09:43 2 THE COURT: You're welcome to stay with us,

09:43 3 though. Speak into the ear of somebody that might

09:43 4 listen to you.

09:43 5 Okay. Motion in limine?

09:43 6 MR. KING: Yes, Your Honor, the coalition

09:43 7 plaintiffs have a motion in limine. Does the Court

09:43 8 want to look at our motion before we have the

09:43 9 argument?

09:43 10 THE COURT: You can tell me. You can tell me

09:44 11 what it is.

09:44 12 MR. KING: Your Honor, David King, on behalf

09:44 13 of the coalition plaintiffs. It's our position,

09:44 14 Your Honor, that the Court should not receive

09:44 15 testimony in two areas about the intent of the --

09:44 16 or the partisanship of submitters of alternative

09:44 17 maps; and secondly, the use of deposition testimony

09:44 18 from 2013 and 2014 that involved the preparation of

09:44 19 a summary judgment map that was never used at the

09:44 20 trial and certainly that has not been involved in

09:44 21 these proceedings.

09:44 22 And what that includes is excerpts of

09:44 23 testimony offered by the legislative parties of

09:44 24 Beattie, Butzin, Dreschler, Freidin, Paikowsky, and

09:44 25 and Wieneke.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 87 9

09:44 1 In addition, Senate Exhibits 6 through 19 is a

09:44 2 trove of e-mails and information from that period

09:45 3 of time, as well as the House's Exhibits 191

09:45 4 through 238 and 250, which also is a rehash of a

09:45 5 mash up of all those e-mails from that period of

09:45 6 time.

09:45 7 The reason we take that position is because

09:45 8 the issue here is the remedial maps proposed by the

09:45 9 parties, which resolve the issues raised by the

09:45 10 Supreme Court. The Supreme Court has given us very

09:45 11 specific directions in apportionment 7. The burden

09:45 12 of proof is on the Legislature. Their solution has

09:45 13 recorded no difference.

09:45 14 And so the only issue for these relinquishment

09:45 15 programs is which of the plans or which features in

09:45 16 the plans offered by the parties correct the

09:45 17 defects found and satisfy the Supreme Court's

09:45 18 directions in apportionment 7.

09:46 19 Now, this is a series of arguments that have

09:46 20 been so far rejected at least four times before we

09:46 21 come here today. In other words, this is the

09:46 22 same -- the Court is very familiar with this

09:46 23 testimony and evidence. It's the same stuff that

09:46 24 was the heart of their unclean hands defense. And

09:46 25 the Court granted the summary judgment on that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 88 10

09:46 1 defense.

09:46 2 That was, of course, obviously back before the

09:46 3 trial. The same evidence that was their fraud on

09:46 4 the court argument that they wanted to dismiss the

09:46 5 whole proceedings. Again, that was rejected by

09:46 6 this Court.

09:46 7 It was a very significant portion of their

09:46 8 brief in the Supreme Court of Florida that led to

09:46 9 apportionment 7. They said you shouldn't even

09:46 10 consider alternative plans -- in that case drawn by

09:46 11 the Democrats -- because the alternate plans were

09:46 12 the Romo plans, and they were drawn by -- and

09:46 13 submitted by the Democrats.

09:46 14 And they said you shouldn't consider that.

09:47 15 And they spent something like 17 pages of their

09:47 16 brief on it. And the Supreme Court clearly

09:47 17 rejected that position.

09:47 18 And then, in the relinquishment back to the

09:47 19 Supreme Court, they said, well, we need to do

09:47 20 discovery into the maps being submitted here by

09:47 21 the -- the coalition plaintiffs and the Romo

09:47 22 parties. And the Supreme Court denied that.

09:47 23 And then they came back again and said, move

09:47 24 to reconsider, raising the same evidence that

09:47 25 they're going to put in front of you or would like

ACCURATE STENOTYPE REPORTERS, INC. J.A. 89 11

09:47 1 to put in front of you in this proceeding. And the

09:47 2 Supreme Court, on Monday, the 21st of September,

09:47 3 ruled that that discovery would not be permitted.

09:47 4 Now, what's the context that we find ourselves

09:47 5 in? We find ourselves in the context that the

09:47 6 House and the Senate, their Congressional map was

09:48 7 found by this Court to be unconstitutional,

09:48 8 violation of the Fair District Amendments. The

09:48 9 Supreme Court resoundingly affirmed that decision.

09:48 10 The Senate maps, they gave up. They admitted

09:48 11 that their map was unconstitutional. So this is a

09:48 12 remedial -- the first of two remedial proceedings

09:48 13 that we're going to have this fall to try to solve

09:48 14 these problems.

09:48 15 And they are pulling out all the stops in this

09:48 16 situation. They argue in their paper that the

09:48 17 Supreme Court weighed the evidence and expressly

09:48 18 refused to consider our summary judgment maps.

09:48 19 That's a pretty remarkable suggestion.

09:48 20 So, according to them, the Supreme Court has

09:48 21 already confronted this position, and even though

09:48 22 we see that language in the Supreme Court's

09:48 23 decision, it says, this is not about the

09:49 24 alternative -- the alternative maps are not on

09:49 25 trial. They say the Supreme Court weighed the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 90 12

09:49 1 evidence and refused to consider the summary

09:49 2 judgment maps.

09:49 3 Well, here is what the Supreme Court really

09:49 4 said. The Supreme Court said in apportionment 7:

09:49 5 Nevertheless we have reviewed only the alternative

09:49 6 maps -- this is in response to their argument --

09:49 7 only the alternative maps actually introduced into

09:49 8 evidence during the trial.

09:49 9 Well, that's not a very remarkable statement.

09:49 10 You would only look,I submit, at the evidence

09:49 11 introduced in the trial. And this Court knows that

09:49 12 our summary judgment -- those summary judgment maps

09:49 13 that so much discussion has occurred were withdrawn

09:49 14 from this case before we ever came in the case two

09:49 15 years ago.

09:49 16 We came in the case in May of 2013, and the

09:49 17 summary judgment maps had already been withdrawn.

09:49 18 So the Supreme Court unremarkably said we just

09:49 19 considered the alternative maps that were actually

09:50 20 introduced into evidence. And we relied on the

09:50 21 ones that were in evidence only so much as they

09:50 22 show an alternative way, not necessarily the best

09:50 23 or the legally required way to configure the

09:50 24 districts.

09:50 25 Now, the other side, in their response, also

ACCURATE STENOTYPE REPORTERS, INC. J.A. 91 13

09:50 1 made a very interesting argument. They went back

09:50 2 to a decision of the Supreme Court in 2009, when

09:50 3 the Supreme Court gave an advisory opinion on the

09:50 4 attorney general standards for the ballot summary.

09:50 5 In other words, they've been fighting us since

09:50 6 before this ever went on the ballot. In this

09:50 7 decision they were saying, oh, the ballot summary,

09:50 8 you ought to kick it off the initiative process,

09:50 9 because the ballot summary is inadequate, because

09:50 10 they indicate that only the Legislature must comply

09:50 11 with the new redistricting standards, where, in

09:50 12 fact, the judiciary will be similarly obligated to

09:51 13 apply these standards when a legislative attempt

09:51 14 fails.

09:51 15 So the courts are required -- and the courts

09:51 16 are required to redraw. They were somewhat

09:51 17 pressing it,I suppose, about the fact that that's

09:51 18 the situation we would face some day.

09:51 19 The Court said: We conclude that that

09:51 20 challenge was without merit. And the Court said

09:51 21 that: Although the Legislature might ultimately

09:51 22 fail to comply with these standards, this

09:51 23 contingency doesn't translate into a need for the

09:51 24 ballot titles to indicate that the standards apply

09:51 25 to the judiciary, whether it can logically be

ACCURATE STENOTYPE REPORTERS, INC. J.A. 92 14

09:51 1 presumed if the Legislature fails to comply with

09:51 2 the constitution -- as they have in this case --

09:51 3 and follow the applicable standards, the entity

09:51 4 responsible for redrawing the boundaries must also

09:51 5 comply with these standards.

09:51 6 Now they say, because we have submitted a map,

09:51 7 that we're the entity, evidently their position is,

09:51 8 we're the entity responsible for providing the

09:51 9 maps.

09:51 10 Of course, that's absurd. The map is either

09:52 11 going to be drawn by the Legislature, which, of

09:52 12 course, they failed in that process. That's not

09:52 13 going to happen. And if they don't do it, then it

09:52 14 goes to the courts.

09:52 15 And ultimately this Court is not going to draw

09:52 16 the map. We're not going to draw the map. You're

09:52 17 going to make a recommendation to the Supreme

09:52 18 Court, and they're going to produce the map.

09:52 19 They're the entity responsible for producing the

09:52 20 map when the Legislature has abdicated their

09:52 21 responsibility, as they have in this case.

09:52 22 Now, why are we making such a fuss about this?

09:52 23 Because I have no fear that if we deal with the

09:52 24 merits in this case, we will satisfy the court as

09:52 25 far as our intent is concerned. But we have a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 93 15

09:52 1 responsibility to get this right. And if they're

09:52 2 right, every alternative map is a separate trial.

09:52 3 These folks have unlimited funding and ability to

09:52 4 fight us until the cows come in. And consequently

09:53 5 they're going to do that.

09:53 6 And that's not right.A challenger who

09:53 7 suggests that the Legislature did not comply with

09:53 8 their obligation should have the right to present a

09:53 9 map without having -- without having vilified to

09:53 10 the other side. If you look at the response in

09:53 11 this case, there are just a couple of paragraphs

09:53 12 about the merits of our proposal and pages and

09:53 13 pages attacking the messenger.

09:53 14 That's not,I submit, the way it's supposed to

09:53 15 work. The Supreme Court clearly in face of that

09:53 16 said: The Legislature has strongly disputed the

09:53 17 relevance of these alternative maps, going so far

09:53 18 as to assert that this Court should not consider

09:53 19 the alternative maps at all, because they're either

09:53 20 drawn by partisan operatives aligned by the

09:53 21 Democratic party or of unknown origin.

09:53 22 But alternative maps are not on trial

09:53 23 themselves, as is the Legislature's map. And they

09:54 24 can provide relevant proof that the Legislature's

09:54 25 apportionment plans consist of the district

ACCURATE STENOTYPE REPORTERS, INC. J.A. 94 16

09:54 1 configurations that are not explained, other than

09:54 2 by the Legislature considering impermissible

09:54 3 factors such as intentionally favoring a political

09:54 4 party or an incumbent, as the trial court found the

09:54 5 Legislature to have done in this case.

09:54 6 It's rare that you have direct authority from

09:54 7 a decision of the Supreme Court in your own case.

09:54 8 We do. And for that reason, we submit what we hope

09:54 9 you will grant this motion in limine.

09:54 10 THE COURT: Okay.

09:54 11 MR. DEVANEY:I will be brief, Your Honor.

09:54 12 THE COURT: All right.

09:54 13 MR. DEVANEY: Your Honor, John Devaney for the

09:54 14 Romo plaintiffs. We join in the coalition

09:54 15 plaintiffs' motion in limine.I just point out

09:54 16 that the maps to which these materials relate

09:55 17 aren't in this proceeding. They haven't been

09:55 18 introduced. They won't be introduced.

09:55 19 So all of these materials is irrelevant. All

09:55 20 testimony that they propose to introduce relating

09:55 21 to these maps is irrelevant.

09:55 22 This is really a narrow proceeding. We're all

09:55 23 beginning, at least the plaintiffs and the House,

09:55 24 with a House map. We have some small differences

09:55 25 relating to that map, and that's the narrow focus

ACCURATE STENOTYPE REPORTERS, INC. J.A. 95 17

09:55 1 of this proceeding. So to bring in these old

09:55 2 materials for maps no longer in this record, won't

09:55 3 be in this record, is simply irrelevant and a waste

09:55 4 of time.

09:55 5 THE COURT: Okay.

09:55 6 MR. MEROS: May it please the Court, Your

09:55 7 Honor. George Meros, on behalf of the Florida

09:55 8 House of Representatives.

09:55 9 Mr. King says that there is direct precedent

09:55 10 supporting their motion. And they urge this Court

09:55 11 to determine that the intent of the plaintiffs is

09:55 12 irrelevant here.

09:56 13 But what they don't seem to understand is that

09:56 14 today, in this courtroom, they are in exactly the

09:56 15 same position as the House of Representatives and

09:56 16 the Senate.

09:56 17 They are asking this Court, not as an exemplar

09:56 18 as to what the House did, but to recommend to the

09:56 19 Supreme Court, and then for the Supreme Court to

09:56 20 adopt their maps. They are on trial today, just as

09:56 21 we are on trial.

09:56 22 The notion that the left side of this

09:56 23 courtroom intent is relevant, and on the right side

09:56 24 of the courtroom intent is not is simply beyond the

09:56 25 pale. That's not what this proceeding is about.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 96 18

09:56 1 We have in this case the map drawers for the

09:56 2 Romo plaintiffs and the League that are from the

09:57 3 very same entities, the very same Democratic

09:57 4 entities that have been involved for a substantial

09:57 5 period of time.

09:57 6 We also have this Court, having said

09:57 7 appropriately that everyone should identify the map

09:57 8 drawers, what they used, where they came from. We

09:57 9 have this Court long ago continually saying that if

09:57 10 the map drawers are the ones that are at issue

09:57 11 where there is critique about their political --

09:57 12 their political intent, then that is, quote, fair

09:57 13 game, as this Court said.

09:57 14 In the -- the remedial phase in 2014, when

09:57 15 this same argument was made to hide what their

09:57 16 intent might be, when I'm cross-examining

09:57 17 Dr. Ansolabehere, the Court said that it is fair

09:57 18 game, that you were okay with the relevance,

09:57 19 provided we could support it with facts.

09:58 20 Here -- and let's look at the two issues in

09:58 21 this case. Mr. Devaney just said, there are only

09:58 22 minor things involved. That's because both

09:58 23 plaintiffs have essentially adopted all of our map,

09:58 24 with minimal exception.

09:58 25 With the Romo plaintiffs, what the Romo

ACCURATE STENOTYPE REPORTERS, INC. J.A. 97 19

09:58 1 plaintiffs have done, expressly, is to unpair two

09:58 2 powerful Democrats -- Democratic Congresspersons,

09:58 3 unpair them on the pretext that that was necessary

09:58 4 to preserve communities of interest.

09:58 5 They have used the same expert that they have

09:58 6 used in the past who knew about the Democratic

09:58 7 interest. They're saying that their intent to

09:58 8 unpair Democrats, including , who from

09:58 9 the beginning of this process, the facts show, has

09:59 10 essentially had a veto on any map that was going to

09:59 11 be presented by the Romo plaintiffs, meaning

09:59 12 Democrats, to this Court.

09:59 13 But we can't get into that, because we're the

09:59 14 Legislature. We are one of a number of parties

09:59 15 here that are in exactly the same position. We

09:59 16 have to give you credible evidence, evidence that

09:59 17 is true, evidence that doesn't have intent.

09:59 18 We are ready to do so, but so must they with

09:59 19 regard -- and Mr. Devaney was forced to admit,

09:59 20 because this Court said it had to, that prior to

09:59 21 giving this map -- which, of course, was drawn

09:59 22 outside the public eye, in the darkness -- that he

09:59 23 consulted with the DCCC, the same entity that Ted

09:59 24 Deutch has been involved in, Debbie

09:59 25 Wasserman-Schultz has been involved in, both of

ACCURATE STENOTYPE REPORTERS, INC. J.A. 98 20

09:59 1 whom rejected an earlier Congressional map because

10:00 2 it wasn't to their liking. Now they say, Court,

10:00 3 take our map, recommend our map so it will be the

10:00 4 map of the State of Florida.

10:00 5 But we can't test why it is that they unpack

10:00 6 Congressman Deutch, who has been not only

10:00 7 consulted, but has essentially made a veto over the

10:00 8 maps in the past.

10:00 9 Strategic Telemetry, the map drawer for the

10:00 10 League, the same map drawers, the same folks who

10:00 11 earlier on drafted maps with express intent that

10:00 12 had to be abandoned, but now we can't -- we can't

10:00 13 find out why it is that John O'Neill from Strategic

10:00 14 Telemetry has said in the past in drawing these

10:00 15 maps that what -- I'm just going around looking for

10:00 16 Democratic seats to pick up.

10:00 17 But you're supposed to adopt a map without our

10:00 18 ability to test that. That is not -- that's --

10:01 19 that's not fundamental fairness. That's not what

10:01 20 the Court asked this Court to do, and that was to

10:01 21 recommend among the various parties, a map. We are

10:01 22 all in the same boat here.

10:01 23 I would suggest,Your Honor, that we have a

10:01 24 right to test the credibility of what's going on

10:01 25 here with regard to the League maps. What -- this,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 99 21

10:01 1 by and large, this case is going to be about one

10:01 2 line, and that is, a line in the map between

10:01 3 Districts 26 and 27, when we drew a map that did

10:01 4 exactly what the Supreme Court said, and that is to

10:01 5 keep Homestead whole.

10:01 6 And what our decision, once that district was

10:01 7 kept whole, as to where to go to equalize

10:01 8 population, that is a fundamental issue in the

10:02 9 case. And their alternative to that is a 26 and

10:02 10 27, which is a Democratic district that will elect

10:02 11 a Democrat, and which -- but in which the -- the

10:02 12 Democratic primary, there are so many roadblocks to

10:02 13 election that it might elect a black and

10:02 14 non-Hispanic Democrat or a white Democrat.

10:02 15 Can we not tie that together with what it is

10:02 16 that they have done, what their map drawers have

10:02 17 done to show that there is no -- there are no games

10:02 18 in the legislative map. The games and the intent

10:02 19 was inserted at a later time.

10:02 20 That, Your Honor, is,I think, fundamental

10:02 21 fairness and something this Court has permitted for

10:02 22 a substantial period of time. If we abuse it, if

10:03 23 we go on too long, this Court has every ability to

10:03 24 shut it down. We won't do that.

10:03 25 But we -- we are among a number of people that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 100 22

10:03 1 are saying the same thing, and we have the right to

10:03 2 test theirs just as they have the right to test

10:03 3 ours. So certainly we oppose the motion to

10:03 4 intervene --I mean the motion in limine.

10:03 5 MR. CANTERO: Senate has nothing further, Your

10:03 6 Honor.

10:03 7 THE COURT: Okay. Did I have the NAACP?

10:03 8 MS. RIGGS: Good morning, Your Honor. I'm

10:03 9 Allison Riggs for the NAACP. We don't have

10:03 10 anything.

10:03 11 THE COURT: Okay. Anything else, Mr. King?

10:03 12 MR. KING: The only thing I would add is that

10:03 13 we certainly agree that the major issue in this

10:03 14 case is the line between 26 and 27 and how that

10:03 15 deals -- whether the Legislature really attempted

10:03 16 to correct the decision -- the problems the Supreme

10:03 17 Court had with 26. And it's certainly fair game

10:04 18 for them to talk about retrogression, and we will

10:04 19 deal with retrogression head on in the case. There

10:04 20 won't be any retrogression in our map.

10:04 21 But it's not -- in order to deal with the

10:04 22 merits, it doesn't have anything to do with the

10:04 23 facts and the testimony about a summary judgment

10:04 24 map that was dumped well over two years ago. So

10:04 25 that's why we would ask you to grant the motion in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 101 23

10:04 1 limine.

10:04 2 THE COURT: Okay. Nothing else?

10:04 3 Both sides make good points. It is kind of an

10:04 4 unusual proceeding. It's -- the Supreme Court

10:04 5 said, send this back with these instructions to

10:04 6 look at the legislative map, which they did

10:04 7 originally. And had I had the legislative map, it

10:04 8 would be a different situation. But I don't have

10:04 9 that.

10:04 10 They said, well, the Legislature didn't pass a

10:04 11 map.I want you to look at what they did come up

10:04 12 with. The House and the Senate came up with a map,

10:04 13 amendments, alternative maps. So my understanding

10:04 14 what the Supreme Court wants me to do is look at a

10:04 15 map and decide which best complies with what they

10:05 16 said it should be and what otherwise complies with

10:05 17 the constitution. And the constitution now in

10:05 18 Florida has this language about intent.

10:05 19 So I look at myself as sort of like in the

10:05 20 position of the Legislature receiving information

10:05 21 about various maps and what will be the final

10:05 22 product. And I could be receiving maps from people

10:05 23 that are very obvious partisan, Democrat,

10:05 24 Republican, whatever. So I would think the

10:05 25 Legislature would say, well, I'm going to look at

ACCURATE STENOTYPE REPORTERS, INC. J.A. 102 24

10:05 1 that, but I will hear arguments both ways. But the

10:05 2 Democratic representative from here submitted this.

10:05 3 I have some questions about it, whether it would

10:05 4 comply.

10:05 5 But the ultimate, as Mr. King points out --

10:05 6 the ultimate body that will decide will be the

10:05 7 Supreme Court. So it's their intent, not -- the

10:05 8 intent is certainly is relevant to consider to

10:05 9 weigh -- my thought is I look at what does and what

10:05 10 doesn't comply with the constitution and the

10:06 11 Supreme Court's decision.

10:06 12 So I think it's certainly relevant as to --

10:06 13 when somebody is drawing the map, what they're

10:06 14 thinking, what they're trying to do. So any

10:06 15 evidence that goes to that would be relevant.

10:06 16 You're right, Mr. Meros, you can go too far

10:06 17 with that. It's -- maps are not on trial. But

10:06 18 what may be relevant for me to consider,I will --

10:06 19 I will leave open. If you go too far,I will tell

10:06 20 you.

10:06 21 Okay. So I'm going to deny the motion to the

10:06 22 extent it denies any evidence as to the

10:06 23 circumstances surrounding any map that's been

10:06 24 presented.

10:06 25 So, now, housekeeping-wise, we are set for

ACCURATE STENOTYPE REPORTERS, INC. J.A. 103 25

10:06 1 three days. Do you still think that's sufficient

10:06 2 time?

10:06 3 MR. MEROS: Sufficient time? Yes,I think we

10:06 4 would be in agreement that's sufficient time.

10:06 5 THE COURT: Okay. And I was hoping that when

10:06 6 we get through, you would submit some proposed

10:06 7 orders to me. How much time after that would you

10:06 8 need to do it?I would like to get this to the

10:07 9 Supreme Court as soon as possible.

10:07 10 MR. MEROS:A week, Your Honor?

10:07 11 THE COURT:I was thinking more a couple of

10:07 12 days.I mean, you probably have a pretty good idea

10:07 13 what you're going to argue.

10:07 14 MR. CANTERO:A compromise, how about the end

10:07 15 of that week?

10:07 16 THE COURT: That would be Friday?

10:07 17 Friday, yeah. That gives you four days. Like

10:07 18 I said,I just want to be able to get it there.

10:07 19 And it's going to take me a while,I think, to get

10:07 20 something out.

10:07 21 Okay.I can go -- usually I go 9:00.I

10:07 22 couldn't start today until 9:30, actually later.

10:07 23 Tomorrow I can go to 9:00; Monday I can go to 9:00,

10:07 24 usually take about an hour and a half for lunch,

10:07 25 housekeeping-wise; sound about right? Okay.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 104 26

10:07 1 Now, because in this particular situation, you

10:07 2 would say, who has the burden of proof and the

10:07 3 burden going forward? Usually since the plaintiffs

10:08 4 brought suit, it's their burden. On the other hand

10:08 5 the Supreme Court sent it back and said, well,I

10:08 6 should pay particular focus,I guess, to the

10:08 7 legislative maps.

10:08 8 And the Legislature, they still have a burden

10:08 9 of showing that their configurations are the most

10:08 10 proper.I don't know if y'all discussed this, but

10:08 11 I would think it would be the Legislature would go

10:08 12 first and then the plaintiffs.

10:08 13 MR. KING: Yes, Your Honor.I think we have

10:08 14 agreed,I believe, that the Legislature has the

10:08 15 burden of going first.

10:08 16 And I think we also might have some brief

10:08 17 opening statements, Your Honor.

10:08 18 THE COURT: Okay. Well, I'm ready, then.

10:08 19 MR. MEROS: Thank you, Your Honor, again, on

10:08 20 behalf of the Florida House of Representatives. It

10:08 21 is truly with great pride that the Florida House of

10:08 22 Representatives presents its proposed Congressional

10:08 23 remedial map to this Court.

10:08 24 The facts will show that the Legislature

10:08 25 entrusted professional staff, a safe, secure place

ACCURATE STENOTYPE REPORTERS, INC. J.A. 105 27

10:08 1 to draw what is called a base map that is -- that

10:09 2 with the singular focus to comply with the

10:09 3 requirements that the Court instructed. And it

10:09 4 gave them a place to do so that is free of

10:09 5 political noise and political distraction.

10:09 6 And staff went forward in that safe place and

10:09 7 did exactly that with the Supreme Court decision in

10:09 8 hand and with their expertise in drawing maps.

10:09 9 They drew a map that is absolutely the most

10:09 10 compliant map that has been drawn so far.

10:09 11 And the facts will show that in 2011, the

10:09 12 League of Women Voters complained in public

10:09 13 hearings about the fact that the Legislature had

10:09 14 not drawn an initial map which people could

10:09 15 critique. Well, what the Legislature and what the

10:09 16 House did this time is said, we will do so. We

10:09 17 will have staff carefully, without intervening

10:10 18 distractions, draw a base map for discussion

10:10 19 purposes as a starting place, which can begin the

10:10 20 legislative process and which can be open to

10:10 21 everyone from the very beginning to critique in any

10:10 22 way and every way possible.

10:10 23 And what the facts will show is that the

10:10 24 Court -- the Legislature gave express directions

10:10 25 about what to do. And it said, draw the map in a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 106 28

10:10 1 place that no one else has access to, other than

10:10 2 the map drawers and the lawyers, when necessary.

10:10 3 And it said, when you need to do so, you may confer

10:10 4 with legal counsel.

10:10 5 And in an unprecedented move, Your Honor, the

10:10 6 Legislature hereby waives the attorney-client

10:10 7 privilege with regard to any communications made

10:10 8 with the map drawers during the base map drawing

10:11 9 process in the redistricting suite. That was

10:11 10 waived during the committee process and legislative

10:11 11 process after the base map was drawn.

10:11 12 And they said no member of the Legislature

10:11 13 will be permitted in; not the speaker, not the

10:11 14 president, not the Senate chair, not the House

10:11 15 chair, not anyone. You must not make any comments

10:11 16 to anyone about what you're doing.

10:11 17 The chair and the speaker or any legislator

10:11 18 cannot ask you what's going on in this process.

10:11 19 You are immune from those pressures. You are not

10:11 20 to speak to political consultants of either side.

10:11 21 You are not to speak to staffers or Congressional

10:11 22 members.

10:11 23 And then, once the base map was created and

10:11 24 published, it was available to everyone at

10:11 25 precisely the same time. The Speaker of the House

ACCURATE STENOTYPE REPORTERS, INC. J.A. 107 29

10:11 1 of Representatives did not have a hint of what that

10:12 2 map -- what the map looked like until every member

10:12 3 of the public who wanted to get on the website or

10:12 4 go to the newspaper would know.

10:12 5 And once that was done, then what the staff

10:12 6 did -- and the evidence will show -- is that staff

10:12 7 met with anyone and everyone from Democratic

10:12 8 caucus, Republican caucus, or otherwise -- and

10:12 9 assisted them openly and transparently with any

10:12 10 amendments they wanted to have.

10:12 11 And every draft map was saved. Every decision

10:12 12 point, you will see the testimony that shows all of

10:12 13 the draft maps and every one of the decision points

10:12 14 that were made and why they were made.

10:12 15 And you will also see that what the drawers

10:12 16 did was to, at every time there was a decision

10:12 17 point, they would create reports of the metrics of

10:13 18 the various areas. And they would say, okay, we

10:13 19 have these alternatives. Let's look at the Tier 1

10:13 20 protections. Let's look at city and county splits.

10:13 21 Let's look at compactness scores, and let's pick

10:13 22 the best one.

10:13 23 That base map drawing process followed the

10:13 24 very same methodology that the Florida Supreme

10:13 25 Court lauded the House for in its 7-0 approval of a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 108 30

10:13 1 House of Representatives map, and that was comply

10:13 2 with Tier 1 requirements and protect them

10:13 3 carefully.

10:13 4 When -- draw compact districts. And when

10:13 5 possible, preserve counties to the extent possible.

10:13 6 And if you can't preserve counties, have districts

10:13 7 within counties. And then where feasible, in

10:14 8 addition to that, keep municipalities whole. And

10:14 9 when necessary or appropriate, utilize political

10:14 10 and geographic boundaries with, again, the very

10:14 11 same definition of political and geographic

10:14 12 boundaries that the House submitted to the Supreme

10:14 13 Court in reapportionment 1 in which the Supreme

10:14 14 Court adopted as their interpretation for political

10:14 15 and geographic boundaries.

10:14 16 And that's what they did. And they came up

10:14 17 with a map that by and large, Your Honor, is the

10:14 18 very basis of what the League and the Romo

10:14 19 plaintiffs have in their map. And what they do is,

10:14 20 in essence, have two differences. With the

10:14 21 plaintiffs it's one difference. It's 26 and 27.

10:14 22 With the Romo plaintiffs it's 26 and 27 and 21 and

10:14 23 22.

10:14 24 And what the facts will show are as simple as

10:15 25 they are profound. You will hear testimony that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 109 31

10:15 1 with regard to Districts 26 and 27, those were the

10:15 2 two districts that were at issue with regard to the

10:15 3 Supreme Court's admonition that the Legislature

10:15 4 must go back and keep Homestead whole; Homestead

10:15 5 had been split between those two districts.

10:15 6 And so the map drawers came in,

10:15 7 straightforward determination. They said, let's

10:15 8 draw a draft with Homestead whole in 26. Let's

10:15 9 draw a draft of Homestead in District 27. Let's do

10:15 10 an initial functional analysis in exactly the same

10:15 11 way the Supreme Court directed.

10:15 12 Let's see if they are both likely to elect an

10:15 13 Hispanic candidate. And then let's -- and then

10:15 14 once they did that, they said, okay, let's pick the

10:16 15 one that's most compact, which is precisely what

10:16 16 they did. That simple, that profound.

10:16 17 In doing that, and in choosing District 1,

10:16 18 they had to -- and because Homestead became whole

10:16 19 in District 26, there was excess population in

10:16 20 District 26, and -- which thereby had to be put in

10:16 21 District 27 to equalize the population.

10:16 22 So the testimony you will hear from the same

10:16 23 map drawers that you've heard in the past, and

10:16 24 particularly Jason Poreda -- you haven't heard from

10:16 25 Jeff Takcs, but you will -- that they took the most

ACCURATE STENOTYPE REPORTERS, INC. J.A. 110 32

10:16 1 recognizable geographic boundary, the most obvious

10:16 2 decision point to change that population, which was

10:16 3 the Florida Turnpike. So they went up the Florida

10:17 4 Turnpike until they got to equal population and

10:17 5 essentially moved east for a little bit and got,

10:17 6 plus or minus, one person population.

10:17 7 That's it. The facts will be unrebutted,I

10:17 8 would suggest to Your Honor, that none of the three

10:17 9 map drawers had any idea of the political make-up

10:17 10 of the population that was moved from District 26

10:17 11 to 27. None of those individuals had any idea of

10:17 12 the racial composition of the people that they

10:17 13 moved from 26 to 27.

10:17 14 None of those staffers had any notion

10:17 15 whatsoever whether that move, which was required by

10:17 16 the Florida Supreme Court, would have a political

10:17 17 impact on 26 and 27. All they did with regard to

10:18 18 political impact was to determine, under Tier 1,

10:18 19 whether there might be retrogression in the ability

10:18 20 of an Hispanic to be elected.

10:18 21 They saw that it did not. And so, therefore,

10:18 22 they followed the Turnpike and equalized

10:18 23 population. That simple and that important.

10:18 24 Beyond that, Your Honor, the other issue is

10:18 25 Districts 21 and 22 that are at issue here. And

ACCURATE STENOTYPE REPORTERS, INC. J.A. 111 33

10:18 1 Mr. Poreda and Mr. Takcs, without being repetitive,

10:18 2 will walk through all of the decision points to

10:18 3 show how this was done and with the integrity and

10:18 4 the -- and the talent that they have for this.

10:18 5 But with regard to 21 and 22, which is opposed

10:18 6 by the Romo plaintiffs, the Supreme Court, you will

10:18 7 recall, said that Districts 21 and 22 in the

10:18 8 Legislature's map should be withdrawn -- should be

10:19 9 redrawn, because it was not sufficiently compact.

10:19 10 The Court said it was on a -- the two districts

10:19 11 were on a north-south axis, and the Supreme Court

10:19 12 said, you -- you -- we are not requiring you to go

10:19 13 to a horizontal access, but you must make the

10:19 14 districts more compact. So you can choose, but you

10:19 15 must make the districts more compact.

10:19 16 The evidence again will,I would suggest, be

10:19 17 unrebutted that the map drawers looked at ways to

10:19 18 keep a north-south axis and to make it more compact

10:19 19 and could not do so. So what they did was, they

10:19 20 drew it east-west and made it substantially more

10:19 21 compact and substantially more compact than the

10:19 22 Romo alternative that is before this Court today.

10:20 23 Now the Romo plaintiffs say that that paired

10:20 24 two Democratic incumbents. That is a big surprise

10:20 25 to the map drawers and anyone else who was

ACCURATE STENOTYPE REPORTERS, INC. J.A. 112 34

10:20 1 involved. No one had the incumbent addresses with

10:20 2 them. No one would have even thought about having

10:20 3 incumbent addresses. No one had any idea that --

10:20 4 in that map-drawing process where the incumbents

10:20 5 lived in that area.

10:20 6 They did something as simple as it is

10:20 7 important; and that is, they complied with the

10:20 8 Supreme Court's order. They made their districts

10:20 9 more compact.

10:20 10 The Romo plaintiffs are asserting to this

10:20 11 Court that that should be undone because it -- it

10:20 12 paired two Democratic incumbents, and it should be

10:20 13 undone because there are communities of interest

10:20 14 involved, without communities of interest being any

10:21 15 words in Amendment 6.

10:21 16 And the legal issue and the focus of this

10:21 17 Court,I would suggest, in terms of what the law

10:21 18 requires, is, did political intent come in to this

10:21 19 process and spoil the process? And if so, when and

10:21 20 how?

10:21 21 The evidence is going to show not a shred of

10:21 22 proof that political intent affected the base

10:21 23 map-drawing process. The evidence will not show

10:21 24 that when the House made improvements to the map in

10:21 25 the legislative process, in the light of day, that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 113 35

10:21 1 all it did was add to the metrics of the map

10:21 2 without a shred of political intent.

10:21 3 But, Your Honor, indeed there will be proof of

10:21 4 political intent. And that political intent comes

10:21 5 from the plaintiffs. The first thing that happens

10:21 6 once the legislative process occurred, and these

10:22 7 folks presented a base map, and the legislative

10:22 8 process began, the League of Women Voters praised

10:22 9 the Legislature for everything it did with the

10:22 10 exception of 26 and 27 and said, this needs to be

10:22 11 more Democratic.

10:22 12 And they say, you must have known that, and

10:22 13 this must be a gerrymander, so make it less

10:22 14 Democratic. There could be nothing more

10:22 15 antithetical to Amendment 6 and to what the Supreme

10:22 16 Court said in apportionment 1, that you do not go

10:22 17 back and equalize political power, and that that is

10:22 18 required by the Amendment 6.

10:22 19 You comply with the statute. And if there are

10:22 20 political effects, as there are every time you draw

10:22 21 a line, that doesn't matter; what matters is the

10:22 22 intent. Had the Legislature come back and undid

10:22 23 that after it knew the political composition of the

10:23 24 plaintiffs that moved in 26, that would have been

10:23 25 an outrageous violation of Amendment 6.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 114 36

10:23 1 The Legislature didn't do that, because they

10:23 2 had no clue of political composition and no

10:23 3 political intent.

10:23 4 And so the only other thing that I think I

10:23 5 would like to remind the Court is that, the

10:23 6 political intent, in effect, in this process was

10:23 7 also revealed by what the plaintiffs did not do,

10:23 8 despite the fact that the Supreme Court told

10:23 9 everyone that maps and this process should be

10:23 10 vetted in the open and that -- and that those who

10:23 11 are opponents should have the ability to present

10:23 12 maps and to argue them. They did not do that.

10:23 13 Their maps were drawn in secret. Their maps

10:23 14 were never disclosed to anyone. Their maps and

10:24 15 their experts never graced the door of the

10:24 16 Legislature and came in and said, you should do

10:24 17 this because it's more compliant.

10:24 18 They waited. They ignored what the Florida

10:24 19 Supreme Court did and ignored what the Legislature

10:24 20 might or might not have done. And they just hope

10:24 21 that they can do it judicially and not

10:24 22 legislatively.

10:24 23 That -- that alone is powerful evidence that

10:24 24 political intent clearly infected this process, so

10:24 25 we would -- we would hope that the record would

ACCURATE STENOTYPE REPORTERS, INC. J.A. 115 37

10:24 1 show clearly that the House map, as passed by the

10:24 2 House, had no political intent and complied with

10:24 3 all the metrics and the requirements of the Florida

10:24 4 Constitution.

10:24 5 Thank you.

10:24 6 THE COURT: Mr. Cantero?

10:25 7 MR. CANTERO: Thank you, Your Honor. On

10:25 8 behalf of the Florida Senate,I don't want to

10:25 9 repeat what George Meros said on behalf of the

10:25 10 House;I want to focus on maybe some other things

10:25 11 that you haven't heard yet.

10:25 12 The first is that, as you may know, this is

10:25 13 not a redo of the entire map. The Court made some

10:25 14 specific findings about districts that had to be

10:25 15 redrawn and found invalid eight districts. And

10:25 16 those were 5, 13, 14, 21, 22, 25, 26, and 27.

10:25 17 You're probably not going to hear anything

10:25 18 today about four of those districts, because none

10:25 19 of the plaintiffs have any problem with our fix to

10:25 20 those districts. And I think that is telling, not

10:25 21 just because there is no dispute, but because it

10:25 22 goes to the intent as a whole, as the Supreme Court

10:25 23 said, if you find intent as to one, it -- it

10:26 24 infects the entire map, and you have to kind of

10:26 25 demonstrate that the other districts weren't drawn

ACCURATE STENOTYPE REPORTERS, INC. J.A. 116 38

10:26 1 with improper intent.

10:26 2 Well, they have no problem with four of those

10:26 3 districts. And specifically one district that you

10:26 4 won't hear about in the next couple of days, and

10:26 5 which you heard about ad nauseam last year, was

10:26 6 District 5. And that's because, what we did in

10:26 7 District 5, and why the plaintiffs won't object to

10:26 8 it is, we took the Romo plaintiffs' configuration

10:26 9 of District 5, because the Court had cited it as

10:26 10 something that would pass muster, and we simply

10:26 11 incorporated it into the map.

10:26 12 And so that district is the Romo plaintiffs'

10:26 13 district. How can we have improper intent in

10:26 14 drawing anything if we're trying to be as compliant

10:26 15 as possible?

10:26 16 Now what happens when you change District 5 to

10:26 17 go east-west, you are going to have to redo a lot

10:26 18 of Central Florida. And so that's why you see a

10:27 19 lot of Central Florida redrawn. 13 and 14, they

10:27 20 also have no problem with.

10:27 21 The Court said District 14 can't cross Tampa

10:27 22 Bay. We fixed that. They have no problem with

10:27 23 that. District 25, the Court said that you have to

10:27 24 keep Hendry County whole. And we did that. And

10:27 25 the plaintiffs have no problem with that.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 117 39

10:27 1 So I think that goes to the intent of the map

10:27 2 drawers and trying to have as compliant a map as

10:27 3 possible that they have no problem with four of

10:27 4 those maps. In addition, the coalition plaintiffs

10:27 5 have no problem with 21 and 22, because they

10:27 6 understand what the Supreme Court ordered was to

10:27 7 draw a more compact map, and really the only way

10:27 8 you can do that is to stack one on top of the

10:27 9 other.

10:27 10 And the Romo plaintiffs complained that now we

10:27 11 have paired two Democratic incumbents. But as you

10:27 12 know, and as the Supreme Court has said in

10:28 13 apportionment 1 and 2 and has never backtracked

10:28 14 from it, is that the constitution prohibits intent,

10:28 15 not effect. And we all know when you move lines

10:28 16 somewhere, somebody is going to be affected, and

10:28 17 somebody is not going to like it.

10:28 18 I think that's proven by the fact that we have

10:28 19 Congress member , who has filed a

10:28 20 lawsuit in federal court regarding these new

10:28 21 configurations. And that's been stayed. But her

10:28 22 claim was that drawing District 5 across North

10:28 23 Florida violates the Voting Rights Act. On the

10:28 24 other hand, we have Republican Congress member

10:28 25 Daniel Webster, complaining about it.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 118 40

10:28 1 So when you have both Democrats and

10:28 2 Republicans complaining about it, we know two

10:28 3 things. We know that you're going to have an

10:28 4 effect whenever you move lines; and number two, if

10:28 5 both parties are complaining about it, it must be a

10:28 6 pretty good map.

10:28 7 We also assured that in the map drawing

10:29 8 process, we did not look at political performance,

10:29 9 except as necessary to conduct the functional

10:29 10 analysis, and you need to look at that. So we're

10:29 11 at a kind of disadvantage in the Legislature,

10:29 12 because we are not permitted, and we absolutely

10:29 13 prohibited anybody to look at political performance

10:29 14 when drawing these maps.

10:29 15 The plaintiffs are not under that

10:29 16 disadvantage. They can look and see what the

10:29 17 political performance is as they're drawing, and

10:29 18 then they criticize us, as they did with Districts

10:29 19 26 and 27 when they said that we needed a more

10:29 20 Democratic District 26.

10:29 21 Another thing that I want to emphasize, Your

10:29 22 Honor, is we completely agree with how the base map

10:29 23 was done. In fact, you will hear evidence there

10:29 24 were three staff members that participated in the

10:29 25 base map drawing process; two of them from the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 119 41

10:30 1 House, and one, Jay Ferrin, from the Senate.

10:30 2 And the base map was a very good map. The

10:30 3 Senate did not see the base map as the end of the

10:30 4 drawing process, but the beginning of the drawing

10:30 5 process, the floor, so to speak. And members could

10:30 6 offer amendments if they thought that they could

10:30 7 improve over the map or if they had some concerns

10:30 8 that they wanted to fix that did not reduce the

10:30 9 metrics of the map.

10:30 10 And you will hear evidence that we had a

10:30 11 Senator from eastern Hillsborough County, Tom Lee,

10:30 12 who had concerns about the way that Hillsborough

10:30 13 County was drawn, that it had been split up several

10:30 14 times, and he thought that it shouldn't be split

10:30 15 up. There were four different districts going

10:30 16 through Hillsborough County. And he believed that

10:30 17 that could be fixed without compromising the rest

10:30 18 of the map.

10:30 19 And he tried a couple of times. He had a

10:31 20 couple of amendments. But that decreased the

10:31 21 compactness of the plan. He withdrew those

10:31 22 amendments. Finally he came up with an amendment

10:31 23 that worked. And it did a couple of things. It

10:31 24 reduced the number of times that Hillsborough

10:31 25 County was split; and number two, it made no change

ACCURATE STENOTYPE REPORTERS, INC. J.A. 120 42

10:31 1 to District 16.

10:31 2 District 16 was not one of the districts that

10:31 3 I mention as needing to be redrawn. And so we

10:31 4 submit that if a district doesn't have to be

10:31 5 redrawn, then it's perfectly all right not to

10:31 6 redraw it. And that's what Senator Lee did.

10:31 7 And we will hear evidence that the metrics for

10:31 8 that region are -- or as the map as a whole, which

10:31 9 is Senate Map 9062, are -- have the same

10:31 10 compactness measurements as the House's plan, with

10:32 11 the exception that District 16 is now not changed,

10:32 12 as it was in the House's plan. That's basically

10:32 13 the only difference between the House and the

10:32 14 Senate plans.

10:32 15 And unfortunately we couldn't come to an

10:32 16 agreement on a legislative plan. But we agree on,

10:32 17 I believe it's 21 of the 27 districts are the same,

10:32 18 between the House and the Senate. And that's one

10:32 19 thing that I think the Supreme Court wanted you to

10:32 20 focus on is areas of agreement between the House

10:32 21 and Senate.

10:32 22 So except for that Central Florida area, we

10:32 23 agree on everything with the House. Certainly we

10:32 24 agree on Districts 21 and 22 and Districts 26 and

10:32 25 27 the way they were drawn. And we -- the Senate

ACCURATE STENOTYPE REPORTERS, INC. J.A. 121 43

10:32 1 made no changes to those areas of the state.

10:32 2 If the Court believes that it's okay to change

10:33 3 districts that haven't been changed, we will hear

10:33 4 that Senator Galvano offered a map after the

10:33 5 session in an attempt to compromise with the House,

10:33 6 trying to reach an agreement between the two maps,

10:33 7 and that -- that map does change District 16. The

10:33 8 compactness of the map is exactly the same as in

10:33 9 the House's map, 9071. The difference is that that

10:33 10 map, as you will see, keeps one more county whole.

10:33 11 It keeps 50 counties whole, which is more

10:33 12 whole counties than you've ever seen introduced in

10:33 13 this litigation, more whole counties than the

10:33 14 plaintiffs have ever submitted, than they've

10:33 15 submitted now, and very possibly more counties than

10:33 16 in history they have ever drawn Congressional

10:33 17 districts in Florida. Those are the kind of

10:33 18 choices you're going to have to make between the

10:33 19 plaintiffs.

10:33 20 As far as the Romo plaintiffs, 21 and 22, you

10:34 21 will see that the compactness measurements for that

10:34 22 are much lower than in the Legislature's three

10:34 23 plans. Our -- for example, the -- the Senate,

10:34 24 which was equal to the House's District 21, has

10:34 25 Reock scores of 37 and Convex Hull of 64, whereas

ACCURATE STENOTYPE REPORTERS, INC. J.A. 122 44

10:34 1 the Romo plaintiffs have a Reock score of 29 and

10:34 2 Convex Hull of 60, which is very similar to the map

10:34 3 9057, which is the map that the Florida Supreme

10:34 4 Court invalidated.

10:34 5 Clearly the Supreme Court wanted something

10:34 6 that was more compact. And the same thing with

10:34 7 District 22, the metrics will show the same. Our

10:34 8 metrics are much higher than not only the prior

10:34 9 plan, but the -- also the Romo plan.

10:34 10 And just to give you -- the Reock score is .41

10:35 11 in District 22, as opposed to .18, which is a great

10:35 12 improvement on the metrics there. So for that

10:35 13 reason we don't think that you should consider

10:35 14 Districts 21 and 22 from the Romo plan.

10:35 15 And finally, Districts 26 and 27, you will

10:35 16 hear evidence that those were drawn without looking

10:35 17 at who was getting -- who was Democrat and who was

10:35 18 Republican, and which now unfortunately the

10:35 19 plaintiffs can do that, to draw a Democratic

10:35 20 district. We can't do that.

10:35 21 But we will also show, these are two

10:35 22 Hispanic-performing districts. 26 and 27 have been

10:35 23 represented by a Hispanic for many years. And we

10:35 24 will show that in the plaintiffs' configuration,

10:35 25 that will be in danger of diminishing the ability

ACCURATE STENOTYPE REPORTERS, INC. J.A. 123 45

10:35 1 to elect a Hispanic in District 26.

10:35 2 Thank you, Your Honor.

10:35 3 MS. RIGGS: Your Honor, the NAACP's

10:35 4 involvement in this case has been focused on

10:36 5 Congressional District 5. Given the fact that

10:36 6 there doesn't appear to be disagreement on the

10:36 7 status of that district, we don't intend to present

10:36 8 argument or evidence, but reserve the right, if

10:36 9 that becomes implicated at some point. And we

10:36 10 haven't presented an alternative plan.

10:36 11 THE COURT: All right. Thank you.

10:36 12 MR. KING: Ready for me, Your Honor?

10:36 13 Your Honor, David King on behalf of the

10:36 14 coalition plaintiffs.

10:36 15 Since the last trial and remedial hearing, the

10:36 16 Supreme Court gave us a decision, gave us very

10:36 17 specific instructions. And the good news here is

10:36 18 that those instructions have been largely followed

10:36 19 by the Legislature. And we're pleased about that.

10:36 20 The problems in North Florida, in Tampa Bay,

10:37 21 have been resolved. In Central Florida we're

10:37 22 satisfied with 9071, which was the Legislature's --

10:37 23 the House's proposal. So we modeled our maps on

10:37 24 9071.

10:37 25 And our map is the same as 9071 until it gets

ACCURATE STENOTYPE REPORTERS, INC. J.A. 124 46

10:37 1 down to South Florida, and there are differences in

10:37 2 CP-1 -- that's the first of our three maps -- there

10:37 3 are differences from Districts 20 through 27. In

10:37 4 CP-2 and CP-3, there are only differences in 26 and

10:37 5 27.

10:37 6 There are three ways to deal with that

10:37 7 situation. We didn't want to do a map. We wrote

10:37 8 the Legislature when we realized what they were

10:37 9 doing in 26 and 27. The League of Women Voters and

10:38 10 Common Cause wrote them a letter.

10:38 11 We explained -- they explained to them that

10:38 12 they were not solving the problem that the Supreme

10:38 13 Court had noted in 26 and 27. Rather than -- and

10:38 14 we hoped -- we sincerely hoped that they would fix

10:38 15 the problem, and we would never have to submit a

10:38 16 map, and we wouldn't really have to have these

10:38 17 proceedings.

10:38 18 MR. MEROS: Objection, Your Honor. Unless he

10:38 19 has witnesses testifying as to whether they were

10:38 20 going to draw a map or not, or what we, the League,

10:38 21 hoped or did not hope, that's evidence that will

10:38 22 not be part of this record, and he does not have

10:38 23 any such witness on his list.

10:38 24 So this is Mr. King testifying factually.

10:38 25 MR. KING: Well,I've listened to Mr. Meros do

ACCURATE STENOTYPE REPORTERS, INC. J.A. 125 47

10:38 1 a lot of testifying. It's not really testifying.

10:38 2 It's just explaining why we didn't do a map.

10:38 3 THE COURT: Well, he was making a legal

10:38 4 argument. He did talk about a lot of facts that

10:38 5 may or may not come in.

10:39 6 But opening statement is, this is the evidence

10:39 7 that you will hear.

10:39 8 MR. KING: Sure. And so a letter was sent to

10:39 9 the Legislature. The specific problems with 26 and

10:39 10 27 were delineated for the Legislature, and the

10:39 11 Legislature took no action to deal with that

10:39 12 problem. In fact, their response was developed by

10:39 13 the complainants.

10:39 14 So we have the issue involving 26 and 27. And

10:39 15 really it's sort of how you approach the Supreme

10:39 16 Court's decision, because the Legislature would

10:39 17 like to take the position that the only thing the

10:39 18 Supreme Court said was split Homestead -- what

10:39 19 was -- Homestead was split, shouldn't be split,

10:39 20 should be united.

10:39 21 So if they do a map that unites Homestead,

10:39 22 then they've done their job. That's the end of the

10:39 23 story.

10:39 24 But what they failed to appreciate is the

10:40 25 context of the decision by the Supreme Court. What

ACCURATE STENOTYPE REPORTERS, INC. J.A. 126 48

10:40 1 the Supreme Court considered and what they said is

10:40 2 they went about making that decision, because the

10:40 3 challenge was the fact that in the Senate map there

10:40 4 would have been two -- there would have been a

10:40 5 Republican district in 27 and a Democratic district

10:40 6 in 26.

10:40 7 They split Homestead at the instance of the

10:40 8 political operatives. In fact, the only map that

10:40 9 was submitted before the public process closed was

10:40 10 the Posada map. That was the only map that split

10:40 11 Homestead.

10:40 12 That was -- you heard a lot about that map

10:40 13 back in the prior trial. That, of course, was

10:40 14 produced by the political consultants.

10:40 15 So the Supreme Court said because the

10:40 16 Legislature asserted justification for its

10:40 17 consideration to protect minority voting rights,

10:40 18 it's -- that simply can't be justified. And so the

10:41 19 districts are going to be redrawn to avoid

10:41 20 splitting Homestead in that situation, to correct

10:41 21 that problem.

10:41 22 So the Legislature redrew. They put all of

10:41 23 Homestead in 26. But they found a way to make it

10:41 24 perform even better for the Republican Party in

10:41 25 their fix. And that is absolutely necessary that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 127 49

10:41 1 we address that situation and fix it like the

10:41 2 Supreme Court said it ought to be fixed.

10:41 3 They -- the prior district, in 9047 and 9057,

10:41 4 District 26 was changed by splitting Homestead so

10:41 5 that it performed 49.8 percent Democratic; 49.9

10:41 6 percent under the 2010 race. The 49.8 was under

10:41 7 the 2008 race.

10:42 8 So they managed to nudge it back so that it

10:42 9 was a Republican-performing district. So they had

10:42 10 two Republican-performing districts instead of one

10:42 11 Democrat in 27 and a Republican in 26.

10:42 12 Well, what have they done in this case?

10:42 13 Because they found three African-American

10:42 14 communities with a very high population of

10:42 15 Democrats and moved them to 27, they achieved a

10:42 16 result under 9071 where under the 2008 election it

10:42 17 would perform 48.3 percent for Democrats; and under

10:42 18 the 2010, it's 48 percent for Democrats.

10:42 19 So they increased the Republican advantage

10:42 20 under the 2008 election 1.5 percent -- 1.5 points,

10:43 21 and under the 2010 election, the Sink election, 1.9

10:43 22 points.

10:43 23 Now is that the solution that the Supreme

10:43 24 Court was calling for? And the evidence is going

10:43 25 to show they say, oh, this was done in a pristine

ACCURATE STENOTYPE REPORTERS, INC. J.A. 128 50

10:43 1 approach. Of course, it was done in a secret

10:43 2 approach. Nobody knows what happened when they

10:43 3 went into this room.

10:43 4 There is no records of what happened in the

10:43 5 room.I guess they will tell us what they think

10:43 6 occurred. But they could have fixed it so that we

10:43 7 wouldn't be asking the question of what actually

10:43 8 occurred.

10:43 9 But the evidence will show, we will see

10:43 10 evidence that, because these are minority

10:43 11 districts, they had the performance information on

10:43 12 those two districts, and they knew what they had

10:43 13 accomplished. That's what the evidence is going to

10:43 14 show.

10:43 15 They managed to move West Perrine, Palmetto

10:44 16 Estates, Richmond Heights, three areas side by side

10:44 17 with a large concentration of African-Americans,

10:44 18 voted Democrat, moved it into 27 where there was a

10:44 19 strong incumbent, Ileana Ros-Lehtinen, who would be

10:44 20 able to get elected. Dr. Moreno will testify she

10:44 21 was in a very strong position.

10:44 22 They needed to shore up 26. That was their

10:44 23 approach originally. It was still their approach.

10:44 24 They say they followed the roadways. And they

10:44 25 did follow a roadway. They followed U.S. 1 until

ACCURATE STENOTYPE REPORTERS, INC. J.A. 129 51

10:44 1 they got to partisan junction. That's where it

10:44 2 intersected with the Florida Turnpike.

10:44 3 And instead of going on on U.S. 1, they took a

10:44 4 hard left and went up the Florida Turnpike until

10:44 5 they got by those three enclaves of

10:44 6 African-Americans, and then they took a hard left,

10:45 7 not on any major roadways, across the way to get

10:45 8 back to a major roadway. You will find out that

10:45 9 they spent more time off road than certainly the

10:45 10 maps that we're offering in this situation. So the

10:45 11 roadway explanation is not going to carry the day

10:45 12 for them.

10:45 13 Let's put up the side-by-side. And, Your

10:45 14 Honor, could I just give you a copy? This is just

10:45 15 a picture of this area in 9071 and CP-1.

10:45 16 THE COURT: Okay.

10:45 17 MR. KING: Now, this shows -- the screen

10:45 18 doesn't show it very well. Hopefully it's better

10:46 19 on your screen, Your Honor. This shows the

10:46 20 comparison between 9071 and CP-1 --

10:46 21 THE COURT: Was it supposed to be on my screen

10:46 22 right here?

10:46 23 MR. KING:I thought it was.

10:46 24 THE COURT: It might be. Give me -- nothing

10:46 25 is coming up.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 130 52

10:46 1 MR. KING: Well, at least I gave you the

10:46 2 handout.

10:46 3 THE COURT: Okay.

10:46 4 MR. KING: All right. Your Honor. So the

10:46 5 difference is, we submit that CP-1, as far as 26

10:46 6 and 27, we more faithfully follow the roadways in

10:46 7 the situation. And you see a much more compact

10:46 8 map. Now it's interesting to note that they do not

10:46 9 complain in their challenges about any of the

10:46 10 changes that are in CP-1 above 27.

10:47 11 In other words, there are changes -- slight

10:47 12 changes -- in 20, 21, 22, 23, 24, 25, 26, and 27.

10:47 13 The changes all make this map much more compact,

10:47 14 reduce city splits, improve the performance of the

10:47 15 map in that direction.

10:47 16 It was just interesting to hear my -- my

10:47 17 friend representing the Senate extolling the way

10:47 18 their map performed as to 22. He said it had a

10:47 19 Reock of .41. Well, on CP-1, the Reock for 22 is

10:47 20 .48. That's a huge -- as the Court remembers, we

10:47 21 were arguing, in that last trial, about differences

10:47 22 of --I mean, between .12 and .13. This is .48 and

10:48 23 wins on all three of the metrics, Convex Hull,

10:48 24 Polsby-Popper, and Reock.

10:48 25 The same for 21 and 20 are largely the same

ACCURATE STENOTYPE REPORTERS, INC. J.A. 131 53

10:48 1 from a metric standpoint. Actually 21 has a higher

10:48 2 Polsby-Popper score on CP-1. Then 23 is more

10:48 3 compact on all three. It has a Reock of 35, and

10:48 4 9071 has a Reock of 27. All the measures are

10:48 5 better -- significantly better.

10:48 6 24, all three measures are better. And as far

10:48 7 as 24 is concerned, the Reock on 24 is .47. In

10:48 8 CP-1 it's .38 in the Legislature's map.

10:48 9 In 27, the Reock on the Legislature's map is

10:49 10 .46. In the CP-1 it's .54. Significant

10:49 11 differences right down the map in the compactness.

10:49 12 26 is the same on the Reock at .18. You're

10:49 13 just not going to be able to get the Reock much

10:49 14 better for that district, which includes the

10:49 15 Florida Keys. But on two measures, Polsby-Popper

10:49 16 and Convex Hull, a CP-1 performs better.

10:49 17 So from a compactness standpoint, six of the

10:49 18 eight districts are superior in CP-1. One is the

10:49 19 same, and one is only slightly -- and one, 25, is

10:49 20 less compact.

10:49 21 So that's the comparison from a compactness

10:49 22 standpoint. What about city splits? The city

10:49 23 splits are something we've heard so much from the

10:49 24 Legislature about. And the Legislature has gotten

10:50 25 their map down to 20 city splits. And that's good.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 132 54

10:50 1 410 cities, the benchmark was 300 cities not split.

10:50 2 Now under the Legislature's map, 390. That's good.

10:50 3 That's a wonderful improvement for the citizens of

10:50 4 Florida.

10:50 5 Under this map, under CP-1, it's down to 13,

10:50 6 seven less city splits than the Legislature's map.

10:50 7 So that's very significant.

10:50 8 And as far -- now, here is what really is

10:50 9 going to be the argument the Legislature is going

10:50 10 to make, and this is where they're going to center.

10:50 11 They're going to say, well, that's all well and

10:50 12 good. But these are Hispanic districts. And

10:50 13 because they're Hispanic districts, you're

10:50 14 tinkering with them, and you're going to -- the

10:50 15 Hispanic -- it's really sort of a targeted thing.

10:51 16 They say, well, the Hispanic Democrat is not going

10:51 17 to be successful in 26.

10:51 18 I mean, evidence is going to be they fixed it

10:51 19 so that a Democrat can't -- shouldn't be able to

10:51 20 win in 26 with the overall performance of the map.

10:51 21 But now they're going to suggest that there is a

10:51 22 problem with this configuration, because the

10:51 23 Hispanic Democrat, it will retrogress as far as

10:51 24 they're concerned.

10:51 25 I would just simply suggest to the Court that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 133 55

10:51 1 the evidence is going to show that if 9057 and

10:51 2 9047, which were the enacted maps, if they didn't

10:51 3 retrogress, and these folks presented evidence from

10:51 4 a fellow that's going to be here at the trial,

10:51 5 Professor Moreno, Dr. Moreno, from Miami. He said

10:51 6 that 9057 and 9047 were fine. They were Hispanic

10:51 7 districts that were properly protective of the

10:52 8 ability to elect for Hispanics. That was their

10:52 9 position.

10:52 10 Well, the evidence is going to show in this

10:52 11 case that there is little difference between CP-1's

10:52 12 performance for minorities in 26 and the former

10:52 13 enacted map.

10:52 14 They say -- for example, they say in their

10:52 15 paper, that the plaintiffs' four alternatives to

10:52 16 District 26 -- in the plaintiffs' four alternatives

10:52 17 to District 26, Hispanics never compromise [sic]

10:52 18 more than 22.8 percent of the Democratic primary,

10:52 19 22.8 percent.

10:52 20 However, in 9047 and 9057, the Hispanics

10:52 21 comprised 22.7 percent of the Democratic primary.

10:52 22 22.7 percent was okay in the enacted map. They're

10:52 23 saying 22.8 percent is retrogressive.

10:53 24 Well, we will see if there is any evidence to

10:53 25 support that suggestion. Then they say the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 134 56

10:53 1 plaintiffs' maps decrease the percentage of

10:53 2 Hispanics registered as Democrats, thereby

10:53 3 diminishing Hispanic influence in the Democratic

10:53 4 primary.

10:53 5 So they're saying that the plaintiffs' maps,

10:53 6 CP-1, decreases the percentage of Hispanics

10:53 7 registered as Democrats. Well, in CP-1, 42.5

10:53 8 percent of Hispanics in the Democratic primary. In

10:53 9 9057, 42.6 percent.

10:53 10 So not a dime's worth of difference between

10:53 11 the two.

10:53 12 So you will hear from our experts. We have

10:53 13 got Professor Lichtman. They've got two -- two

10:54 14 experts, and we will talk retrogression.

10:54 15 I think at the end of the day the evidence is

10:54 16 going to establish that this map performs in the

10:54 17 same way, as far as Hispanic performance is

10:54 18 concerned, that 9057 did. And as we know, they're

10:54 19 Hispanic representatives in 25, 26, and 27.

10:54 20 So what we propose, they're not going to be

10:54 21 able to carry their burden of proof on the issue of

10:54 22 retrogression.

10:54 23 So, Your Honor, we appreciate your attention,

10:54 24 and we will proceed with the evidence.

10:54 25 MR. DEVANEY: We're having an IT issue here.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 135 57

10:55 1 Okay.

10:55 2 THE COURT: He is going to work on it. Okay.

10:55 3 MR. DEVANEY: Your Honor, John Devaney for the

10:55 4 Romo plaintiffs. Just to emphasize a couple of

10:55 5 points on our map. One is that it is based on

10:55 6 House Map 9071. Again, we're talking about some

10:55 7 very narrow areas of dispute. The coalition

10:55 8 plaintiffs also based their map on 9071. The House

10:55 9 based their map on 9071.

10:55 10 And also our map was -- contrary to what

10:55 11 Mr. Meros suggested in his opening, was prepared by

10:55 12 Dr. Ansolabehere, an expert witness from Harvard

10:55 13 who is a scientist, who Your Honor is familiar

10:56 14 with, has testified before the Court.

10:56 15 The testimony will show that Dr. Ansolabehere

10:56 16 had complete control over the final map, that he

10:56 17 exercised his decision-making authority, that he

10:56 18 never spoke with anybody from the Democratic

10:56 19 Congressional Campaign Committee. He never spoke

10:56 20 with anybody from NCEC.

10:56 21 He is the person who drafted this map, and it

10:56 22 complies with their district amendments in all Tier

10:56 23 1 and Tier 2 respects.

10:56 24 Mr. King just articulated the reasons why

10:56 25 changes to 9071 and Districts 26 and 27 are

ACCURATE STENOTYPE REPORTERS, INC. J.A. 136 58

10:56 1 appropriate and called for. The testimony will

10:56 2 demonstrate Dr. Ansolabehere will show there was

10:56 3 simply no reason to move black communities out of

10:56 4 26 into 27. There was no Tier 1 reason; there was

10:56 5 no Tier 2 reason. In fact, that results in

10:56 6 dilution in 26. And there just is no justification

10:56 7 for that move, which has a favorable political

10:57 8 effect for the Republican Party.

10:57 9 As for Districts 21 and 22, this is the one

10:57 10 area where the Romo plaintiffs do differ from the

10:57 11 coalition plaintiffs and the legislative parties.

10:57 12 And just a few points about that that you will hear

10:57 13 from Dr. Ansolabehere.

10:57 14 First, the Legislature testified in trial in

10:57 15 this Court more than a year ago that the vertical

10:57 16 version of 21 and 22 is constitutional, that it

10:57 17 satisfies Tier 1 and Tier 2. The Supreme Court, in

10:57 18 its decision this past July, did not require that

10:57 19 there be an east-west configuration of 21 and 22.

10:57 20 It said that could be possible. It could be

10:57 21 permissible.

10:57 22 But it also said that a vertical configuration

10:57 23 too could pass constitutional muster.

10:57 24 And related to that, the version of 21 and 22

10:57 25 that Dr. Ansolabehere has prepared and will testify

ACCURATE STENOTYPE REPORTERS, INC. J.A. 137 59

10:57 1 to does satisfy Tier 1 criteria and meets

10:58 2 reasonable Tier 2 criteria. And it also has the

10:58 3 added benefit of preserving communities, in

10:58 4 particular in 22. You have a coastal community

10:58 5 with cities that have very common interests, the

10:58 6 interests that are typical for any coastal town or

10:58 7 city. And there is no Tier 1 or Tier 2 reason to

10:58 8 disrupt those communities of interest.

10:58 9 So in sum, you are going to hear from both

10:58 10 plaintiffs on maps that are very similar, except

10:58 11 for 21 and 22. And they're also very similar to

10:58 12 what the House has advocated except for these

10:58 13 relatively narrow, but important, disputes relating

10:58 14 to the district that I addressed.

10:58 15 And, Your Honor, that's all I have.I thank

10:58 16 you for your time and look forward to presenting

10:58 17 Dr. Ansolabehere later today.

10:58 18 THE COURT: Let me ask you, because it came up

10:58 19 a couple of times when Mr. Meros mentioned it, when

10:58 20 you say community of interest, he said community of

10:58 21 interest is nowhere mentioned in the amendment that

10:58 22 we deal with.

10:58 23 And I recall in our first trial, Ms. Riggs,

10:59 24 for the NAACP, presented a good bit of evidence

10:59 25 about community of interest in District 5 the way

ACCURATE STENOTYPE REPORTERS, INC. J.A. 138 60

10:59 1 it was drawn. Apparently that doesn't seem to

10:59 2 weigh too heavily there, because the Supreme Court

10:59 3 said draw it east-west.

10:59 4 Did you agree or disagree that I should

10:59 5 consider evidence relative to community of

10:59 6 interest?

10:59 7 MR. DEVANEY: Your Honor, here is my position

10:59 8 on that, which is that in District 5 we had --

10:59 9 District 5 as drawn in the old map, there were some

10:59 10 significant Tier 1 and Tier 2 problems. And Your

10:59 11 Honor is familiar with those problems, presented

10:59 12 extensive evidence.I don't want to rehash them.

10:59 13 In 21 and 22 as configured by the Romo plaintiffs,

10:59 14 there aren't Tier 1 or Tier 2 problems, and given

10:59 15 that, while I certainly can see that the district

10:59 16 amendments don't speak of communities of interest,

10:59 17 it is appropriate if you're not going to violate

10:59 18 Tier 1 and Tier 2 to at least consider the

11:00 19 communities of interest.

11:00 20 MR. MEROS: Your Honor, may I respond to that?

11:00 21 THE COURT: Yes. Because you mentioned it in

11:00 22 your opening. I'm just curious in terms of the

11:00 23 parameters of evidence and things I should consider

11:00 24 when I'm evaluating these maps; should I consider

11:00 25 community of interest?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 139 61

11:00 1 MR. MEROS: Excuse me, John.

11:00 2 Your Honor, there is a fundamental difference

11:00 3 between 21 and 22 in CD-5. And I think Ms. Riggs

11:00 4 will tell you that evaluation of community of

11:00 5 interest is relevant and appropriate in determining

11:00 6 whether a district is a minority-protected

11:00 7 district. And specifically the compactness of a

11:00 8 minority district is determined by, not the

11:00 9 numerical compactness of the district as a whole,

11:00 10 but the communities of interest that comprise that

11:00 11 district.

11:00 12 That is why there was substantial testimony

11:00 13 about the various areas within CD-5 that had

11:01 14 communities of interest. But that is absolutely

11:01 15 different than protecting communities of interest

11:01 16 in districts that don't have minority protections.

11:01 17 And 21 and 22 are not even close to that.

11:01 18 And in the supreme -- in reapportionment 1 and

11:01 19 reapportionment 2 there were any number of times

11:01 20 when Senate districts were expressly overturned

11:01 21 because they asserted that they were preserving

11:01 22 communities of interest. And the Court said that

11:01 23 is not a constitutional criteria.

11:01 24 So that looks to us like a pretext for not

11:01 25 satisfying compactness and other things. So

ACCURATE STENOTYPE REPORTERS, INC. J.A. 140 62

11:01 1 communities of interest in a Section 2 or Section 5

11:01 2 context is relevant. Here it clearly is not under

11:01 3 the law.

11:01 4 THE COURT: Well,I may let it come in and

11:01 5 decide whether it's relevant later.

11:01 6 MR. MEROS: Oh, sure.

11:01 7 THE COURT:I've heard that phrase, and I

11:02 8 think in general redistricting cases, they talk

11:02 9 about the desirability of maintaining that.

11:02 10 MR. MEROS: Your Honor, and this -- you can

11:02 11 take judicial notice of this, because it's all --

11:02 12 it's all in the Supreme Court records. But the

11:02 13 Legislature, after Amendment 6 was passed, proposed

11:02 14 that the -- that the voters include into the

11:02 15 standards communities of interest. And in fact,

11:02 16 the Supreme Court did not approve that for the

11:02 17 ballot, in part because they said that that

11:02 18 would -- that would overwhelm the standards. And

11:02 19 it was inconsistent with the standards.

11:02 20 And so the very notion that now the plaintiffs

11:02 21 are asserting communities of interest when these

11:02 22 very same plaintiffs were saying this can't go on

11:02 23 the ballot because communities of interest

11:02 24 shouldn't be considered is a remarkable irony.

11:03 25 MR. KING: Your Honor,I think we need to be

ACCURATE STENOTYPE REPORTERS, INC. J.A. 141 63

11:03 1 very clear when he says the plaintiffs who he's

11:03 2 talking about. The plaintiffs -- this plaintiff is

11:03 3 not making that argument.

11:03 4 THE COURT: Okay.

11:03 5 MR. MEROS: Then great. We have a surprise

11:03 6 ally.

11:03 7 THE COURT: Mr. Cantero?

11:03 8 MR. CANTERO: Mr. Meros stole a little bit of

11:03 9 my thunder, but not too much.I want to explain in

11:03 10 apportionment 1 what the Supreme Court did and what

11:03 11 the Supreme Court thought of communities of

11:03 12 interest I think. You will find it interesting to

11:03 13 take into account in your determinations.

11:03 14 We had a district in northwest Florida -- two

11:03 15 districts in northwest Florida that we drew

11:03 16 originally, apportionment 1, that the Court

11:03 17 invalidated. And our reason for drawing them that

11:03 18 way is we wanted to keep together communities of

11:03 19 interest on the coast of northwest Florida, which

11:03 20 are beach communities.

11:03 21 THE COURT:I remember that, yes.

11:03 22 MR. CANTERO: Also the inland, more rural

11:04 23 communities we wanted to keep together as well.

11:04 24 They had communities of interest, a lot in common.

11:04 25 The Supreme Court said we couldn't do that.I

ACCURATE STENOTYPE REPORTERS, INC. J.A. 142 64

11:04 1 think what they said is, you can think of -- you

11:04 2 can consider communities of interest, but not at

11:04 3 the expense of the constitutional factors.

11:04 4 What I would call communities of interests and

11:04 5 other kinds of consideration is Tier 3 factors.

11:04 6 You can consider them if you want, but you can't

11:04 7 consider them at the expense of Tier 1 and Tier 2

11:04 8 factors, including compactness and other things.

11:04 9 I think what the Romo plaintiffs are trying to

11:04 10 do is take into account communities of interest,

11:04 11 but at the expense of compactness and also

11:04 12 blatantly at the expense of Tier 1 factors, because

11:04 13 they were very up front about the fact they want to

11:04 14 unpair two incumbents. So they have Tier 1 and

11:04 15 Tier 2 problems with that approach.

11:04 16 THE COURT: Well,I guess to some degree if

11:04 17 you say you should try to keep cities and counties

11:04 18 together, it presumes that there is some community

11:04 19 of interest within a city or a county, depending

11:05 20 where it is.I don't know.I will leave it open.

11:05 21 I know that that's been mentioned as a reason to do

11:05 22 it, and the argument was that wasn't relevant.I

11:05 23 will have to decide,I guess.

11:05 24 Mr. Devaney wants to have the last word on

11:05 25 this.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 143 65

11:05 1 MR. DEVANEY:I will be very brief. Actually,

11:05 2 Mr. Cantero and I largely agree, which is that

11:05 3 certainly Tier 1 and Tier 2 are the governing

11:05 4 criteria. But communities of interest are

11:05 5 relevant.

11:05 6 First, you look at Tier 1, Tier 2. But it's

11:05 7 not improper, as Mr. Cantero just acknowledged, to

11:05 8 look at communities of interest, assuming

11:05 9 satisfaction of Tier 1 and Tier 2. That's my whole

11:05 10 point.

11:05 11 THE COURT: Okay. Why don't we take a break

11:05 12 here before we start our testimony for about ten

11:05 13 minutes?I will come back about -- well, we will

11:05 14 say 11:20, a little more than ten minutes.

11:05 15 (In recess from 11:05 a.m. to 11:22 a.m.)

11:22 16 THE BAILIFF: All rise. Come to order. Court

11:22 17 is back in session.

11:22 18 THE COURT: Have a seat. Call your first

11:22 19 witness.

11:22 20 MR. MEROS: Yes, Your Honor, if we could offer

11:22 21 some exhibits into evidence that are not disputed.

11:22 22 First of all, Joint Trial Exhibits 1 through 11. I

11:23 23 will approach when you're ready, Your Honor. Those

11:23 24 are all the maps over there.

11:23 25 THE COURT: Okay.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 144 66

11:23 1 MR. MEROS: House Exhibits 1 through 190, and

11:23 2 247 through 249; Senate Exhibits 3 through 5 and 20

11:23 3 through 40; and Coalition Plaintiffs' Exhibits 1

11:23 4 through 30 and 32 through 41, without objection,

11:23 5 Your Honor.

11:23 6 THE COURT: All right.

11:23 7 MR. MEROS: And if I may approach,I will give

11:23 8 you the joint exhibits.

11:23 9 (Joint Trial Exhibits 1 through 11; House

11:23 10 Exhibits 1 through 190, and 247 through 249; Senate

11:23 11 Exhibits 3 through 5 and 20 through 40; Coalition

11:23 12 Plaintiffs' Exhibits 1 through 30 and 32 through 41

11:23 13 were received in evidence.)

11:24 14 And the House calls Jason Poreda.

11:24 15 Thereupon,

11:24 16 JASON POREDA

11:24 17 was called as a witness, having been first duly sworn,

11:24 18 was examined and testified as follows:

11:24 19 DIRECT EXAMINATION

11:24 20 BY MR. MEROS:

11:24 21 Q Hello, Mr. Poreda. Tell us your full name and

11:24 22 business address, please.

11:24 23 A Jason Patterson Poreda, and I work in the

11:24 24 capitol.

11:24 25 Q What is your position at the capitol?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 145 67

11:24 1 A I'm the staff director for the Select

11:24 2 Committee on Redistricting for the House of

11:24 3 Representatives.

11:24 4 Q Were you one of the three individuals who

11:24 5 prepared a base map of the House Congressional

11:24 6 remedial map?

11:24 7 A Yes,I was.

11:24 8 Q And were you given any written instructions as

11:24 9 to how to go about that process?

11:24 10 A Yes. The presiding officers of both chambers,

11:25 11 the Speaker of the House and the Senate president,

11:25 12 sent out a memo,I believe, on July 20th.

11:25 13 Q Okay.

11:25 14 MR. MEROS: And, Your Honor,I will be making

11:25 15 reference and will give you copies of House 118 and

11:25 16 House 121. If I may approach and give a written

11:25 17 copy to the Court.

11:25 18 THE COURT: Yes, sir.

11:25 19 MR. MEROS: You may have copies here, 19, 21.

11:25 20 BY MR. MEROS:

11:25 21 Q Mr. Poreda, have you had a chance to look at

11:26 22 House Exhibits 118 and 121?

11:26 23 A Yes.

11:26 24 Q What are those?

11:26 25 A They are two memos, one dated July 20th from

ACCURATE STENOTYPE REPORTERS, INC. J.A. 146 68

11:26 1 the Senate President and the House speaker. This was

11:26 2 the memo that was sent out July 20th with the

11:26 3 guidelines and instructions for staff of how to draw a

11:26 4 base map, and the second one is another memo sent from

11:26 5 Speaker Crisafulli on August 5th for -- after we

11:26 6 finished the base map.

11:26 7 Q Okay. And Mr. Poreda, I'm just going to

11:26 8 highlight, talk about a few of the statements in here.

11:26 9 The Court certainly can read it for himself. But with

11:26 10 regard to H-118, the first paragraph.

11:26 11 THE COURT: Are you going to offer this in

11:26 12 evidence?

11:26 13 MR. MEROS: Yes.

11:26 14 THE COURT: Any objection?

11:26 15 MR. ZEHNDER: No. It's part of the group,

11:26 16 Your Honor.

11:26 17 THE COURT: Oh, you went through this?

11:26 18 MR. ZEHNDER: Yes.

11:26 19 BY MR. MEROS:

11:26 20 Q H-118, in the first paragraph it says in part:

11:27 21 The professional staff shall work collaboratively with

11:27 22 House and Senate legal counsel to develop a base map

11:27 23 that complies with the Florida Supreme Court's recent

11:27 24 ruling.

11:27 25 Do you see that?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 147 69

11:27 1 A Yes,I do.

11:27 2 Q Did the staff, in fact, do that?

11:27 3 A Yes, we did.

11:27 4 Q And could you tell the Court, when you talked

11:27 5 about a collaborative effort among the map drawers,

11:27 6 can you briefly describe how that worked?

11:27 7 A Jay Ferrin, the staff director for the Senate

11:27 8 Committee on Reapportionment, came to the suite on the

11:27 9 House side with myself and Jeff Takcs, special advisor

11:27 10 to the select committee on redistricting, and we drew

11:27 11 the base map in a room that we set up that had a

11:27 12 projector up on one side of the wall in a secure room

11:27 13 that only Jeff and myself had keys to in the

11:27 14 redistricting suite for the House.

11:27 15 Q When you say worked collaboratively, can you

11:27 16 give us a little bit of an idea of how you worked

11:28 17 collaboratively?

11:28 18 A Sure. Really every decision or every possible

11:28 19 thing that we could do we discussed as a group amongst

11:28 20 the three of us. We were deliberative in everything

11:28 21 we did.

11:28 22 We read the Supreme Court opinion and

11:28 23 sometimes the specific section of the Supreme Court

11:28 24 opinion that was discussing the region that you're

11:28 25 about to redraw; discussing everything from where we

ACCURATE STENOTYPE REPORTERS, INC. J.A. 148 70

11:28 1 should next try to, you know, move the lines to

11:28 2 whether or not we should even save a draft or --

11:28 3 everything we did we discussed very deliberatively and

11:28 4 made sure we were all in agreement.

11:28 5 Q And with regard to the various steps and

11:28 6 ultimately to the resulting base map, did you agree

11:28 7 together on all of those steps?

11:28 8 AI would say so, yes.

11:28 9 Q And this also says that you could work in

11:28 10 collaboration with counsel. Can you tell me how that

11:28 11 worked?

11:29 12 A Occasionally during the map-drawing process we

11:29 13 would come to a point where we felt we needed some

11:29 14 guidance from the legal counsel from both the House

11:29 15 and the Senate. So we would give them a call, and

11:29 16 they would come in the map room.

11:29 17 We would discuss whatever issue that we --

11:29 18 issue or issues that we had that we felt we needed

11:29 19 some guidance on, and then they would leave, and we

11:29 20 would continue drawing amongst the three of us.

11:29 21 Q And as I said in opening statement, the House

11:29 22 of Representatives and the Senate has waived the

11:29 23 attorney-client privilege with regards to

11:29 24 communications between staff and counsel in the

11:29 25 redistricting suite. So feel free, to the extent

ACCURATE STENOTYPE REPORTERS, INC. J.A. 149 71

11:29 1 necessary, to share those conversations.

11:29 2 And going to the second page of this exhibit,

11:29 3 in the first paragraph it says in part that you are to

11:29 4 avoid any assessment of the political implications of

11:29 5 any map either before or during the special session,

11:30 6 except when the consideration of political data is

11:30 7 legally required to assess compliance with state or

11:30 8 federal minority rights provisions.

11:30 9 Did you do that?

11:30 10 A Yes, we did.

11:30 11 Q And did you, in fact, not have any

11:30 12 interactions with members of the Legislature or

11:30 13 political consultants or staff or Congressional

11:30 14 representatives with regard to what you were doing in

11:30 15 preparing the base map?

11:30 16 A We had no interactions with any of the parties

11:30 17 that you said, not even the chairman of our committee,

11:30 18 not even the Speaker of the House or Senate President,

11:30 19 nobody.

11:30 20 Q I'm sorry. Go ahead.

11:30 21 A Nobody.

11:30 22 Q And could the Speaker of the House come in the

11:30 23 room?

11:30 24 A No, he could not.

11:30 25 Q Did he ever try?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 150 72

11:30 1 A No.

11:30 2 Q Could the chair come into the room?

11:30 3 A No.

11:30 4 Q Did he ever try?

11:30 5 A No.

11:30 6 Q Did either one of those or any member of the

11:30 7 House of Representatives ever, through an emissary,

11:31 8 try to determine what was going on or how you were

11:31 9 drawing these maps?

11:31 10 A Not to my knowledge, no.

11:31 11 Q Looking briefly at House Exhibit 121, the

11:31 12 second document, again, does this include specific

11:31 13 directions that the member -- that the staff was to

11:31 14 comply with and also members of the Legislature?

11:31 15 A Yes.

11:31 16 Q Okay. And if you go to the numbered paragraph

11:31 17 2 at the bottom of the page, it makes mention of any

11:31 18 member wishing to offer a bill or amendment should be

11:31 19 prepared to explain.

11:31 20 Do you see that?

11:31 21 A Yes,I do.

11:31 22 Q Okay. Tell the Court, if you would, what that

11:31 23 admonition was and how that was implemented.

11:31 24 A Speaking for the process that we used in the

11:31 25 House, any member that wanted to submit an amendment

ACCURATE STENOTYPE REPORTERS, INC. J.A. 151 73

11:31 1 or a separate bill for redistricting would come to our

11:31 2 committee sometimes to ask, you know, for guidance

11:32 3 about how to -- they wanted their amendment drafted,

11:32 4 sometimes with more guidance than others. We then

11:32 5 had -- when they were ready to file their amendment or

11:32 6 bill, we had a form that they would fill out where

11:32 7 they would answer a various series of questions.

11:32 8 They would be prepared to list out all the

11:32 9 identity of the -- all the identifies of the people

11:32 10 that drew the map, the criteria that was used, the

11:32 11 data that was used, and an acknowledgement that they

11:32 12 would be asked to do so on committee or on the floor

11:32 13 to present all of that information.

11:32 14 Q And did you have occasion to be present and

11:32 15 sometimes speaking in committee hearings and also to

11:32 16 be present on the floor of the House of

11:32 17 Representatives?

11:32 18 A Yes.

11:32 19 Q And when members of the Legislature were

11:32 20 proposing an amendment to the map, were there any

11:32 21 obligations that those members had in the committee

11:32 22 hearings or on the floor to make any disclosures?

11:33 23 A Yes, the same sort of disclosures that were

11:33 24 issued in the paragraph I just described.

11:33 25 Q And you heard that request and the disclosure

ACCURATE STENOTYPE REPORTERS, INC. J.A. 152 74

11:33 1 from the members?

11:33 2 A Yes.

11:33 3 Q Describe for the Court, if you would,

11:33 4 Mr. Poreda, the purpose of a base map.

11:33 5 A The purpose of the base map was a starting

11:33 6 point. It was a way of starting the conversations for

11:33 7 how we can draw the most compliant map we can within

11:33 8 the Supreme Court's order and with the Florida

11:33 9 Constitution and any applicable federal law.

11:33 10 Q And were you involved in public hearings in

11:33 11 2011?

11:33 12 A Yes,I was.

11:33 13 Q Do you recall whether there was any public

11:33 14 input at any of those hearings about whether the

11:33 15 Legislature should develop a draft map on which

11:33 16 members of the public could comment or critique?

11:33 17 A Yes. That was something that we heard at

11:33 18 every single one of our committee -- public hearings

11:34 19 that we had around the state.I believe the common

11:34 20 phrase was, show us the maps, to the point where they

11:34 21 even made signs and buttons that they would wear to

11:34 22 all of our meetings, sometimes even to this day.

11:34 23 Q Going to the process in the redistricting

11:34 24 suite with the map drawers and sometimes counsel, did

11:34 25 counsel draw any of the lines?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 153 75

11:34 1 A No, they did not.

11:34 2 Q Did anyone, other than you, Mr. Ferrin, and

11:34 3 Mr. Takcs draw the lines that ended up in the base

11:34 4 map?

11:34 5 A No.

11:34 6 Q Did anyone outside of that secure area have

11:34 7 any input into -- other than perhaps counsel -- any

11:34 8 input into a single line drawn by the three of you?

11:34 9 A No, they did not.

11:34 10 Q Did the chief of staff have any input into

11:34 11 that -- into that process or to the -- or to the

11:34 12 result of that process?

11:35 13 A No. Neither chief of staff for either the

11:35 14 Senate or the House.

11:35 15 Q And did you make any assessment of the

11:35 16 political implications in drawing any line in any of

11:35 17 the districts, other than to do a functional analysis,

11:35 18 when needed, under Tier 1?

11:35 19 A Other than to do a functional analysis, no, we

11:35 20 did not look at the political implications of any of

11:35 21 the other districts.

11:35 22 Q And where was the map drawn?

11:35 23 A The map was drawn in Suite 400 in the capitol,

11:35 24 which is the redistricting suite for the House of

11:35 25 Representatives.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 154 76

11:35 1 Q And how did you ensure the security of the

11:35 2 room?

11:35 3 A Well, like I said, there is a large conference

11:35 4 room that has a screen on one side that we set up a

11:35 5 projector. And the door was actually rekeyed. So the

11:35 6 only people that had access to the room were myself

11:36 7 and Jeff Takcs. No one else had a key to the room,

11:36 8 not even the janitorial staff.

11:36 9 Q Let me ask more broadly, trying to move things

11:36 10 on,I want to make sure it's clear, with regard to

11:36 11 House Exhibit 118 and 121, did you comply with all of

11:36 12 the directions that are included in those exhibits?

11:36 13 A Yes, we did.

11:36 14 Q Do you have any reason to believe, any

11:36 15 information to suggest that either Mr. Takcs or

11:36 16 Mr. Ferrin did not comply with any of those

11:36 17 admonitions?

11:36 18 A No.

11:36 19 Q Now, when the base map was published, tell me

11:36 20 how that occurred.

11:36 21 A We finished drawing the base map on the --I

11:36 22 believe it was late in the evening on August 4th. We

11:36 23 had then some -- both the House and the Senate, we had

11:36 24 various reports and other items that we needed to

11:36 25 prepare in order to officially release the base map to

ACCURATE STENOTYPE REPORTERS, INC. J.A. 155 77

11:37 1 the public, which happened sometime in the afternoon

11:37 2 of August 5th, the next day, where we released it to

11:37 3 the public and to everyone else, all members, the

11:37 4 speaker, the president, and all the members of each

11:37 5 chamber at the exact same time.

11:37 6 Q So did anyone in the House -- in Republican

11:37 7 caucus speak or otherwise have any sort of sneak peak

11:37 8 on what that map showed?

11:37 9 A No, they did not.

11:37 10 Q And when the map was published, at any time

11:37 11 after that, did members of the Legislature seek a

11:37 12 meeting or communications with you or staff about that

11:37 13 map or any proposed amendments to the map?

11:37 14 A After we released it to the public?

11:37 15 Q Yes.

11:37 16 A Yes. After we released it to the public we

11:37 17 had -- at least speaking for the House -- we had a

11:37 18 variety of our membership come in to ask us questions

11:37 19 about the map or to help us draft amendments. We did

11:38 20 a briefing on the base map for Chairman Oliva. We

11:38 21 then also had a briefing for Leader Pafford and

11:38 22 Representative Jenne --

11:38 23 Q Are those Democratic leaders of the Florida

11:38 24 House of Representatives?

11:38 25 A Yes, sir, as well as some of the minority

ACCURATE STENOTYPE REPORTERS, INC. J.A. 156 78

11:38 1 staff. We then had various meetings, again, to -- for

11:38 2 just questions about the base map or for members to

11:38 3 help us draft possible amendments from both sides of

11:38 4 the aisle. Representative -- from the Democratic side

11:38 5 of the aisle we met with Representative Watson,

11:38 6 Representative Williams, Representative Kerner.

11:38 7 From the Republican side we met with

11:38 8 Representative Sullivan, Representative Metz,

11:38 9 Representative McBurney, and Representative Stevenson.

11:38 10 I think there might have been a couple of others for

11:38 11 either side of the aisle.

11:38 12 Q Did the Democratic members of the House have

11:38 13 just as much access to you and to Mr. Takcs as any

11:38 14 other member of the House?

11:38 15 A Yes, they did.

11:38 16 Q Did you retain all e-mails produced relating

11:39 17 to this process?

11:39 18 A Yes.

11:39 19 Q That were created,I should say?

11:39 20 A Yes.

11:39 21 Q Did you retain draft maps?

11:39 22 A Yes, we did.

11:39 23 Q How many, approximately?

11:39 24 AI believe there was 31.

11:39 25 Q And how long, if you recall -- once the map

ACCURATE STENOTYPE REPORTERS, INC. J.A. 157 79

11:39 1 was published to the public and everyone at the same

11:39 2 time, how long after that did the House and Senate

11:39 3 joint committee meet to discuss the map; do you recall

11:39 4 that?

11:39 5 AI believe we met on the Monday or Tuesday of

11:39 6 the special session. We released the base map,I

11:39 7 believe, on the Wednesday prior to that.

11:39 8 Q So on the following Monday or Tuesday there

11:39 9 was a presentation in front of the Senate and House

11:39 10 joint committee?

11:39 11 A Yes, there was.

11:39 12 Q And tell me what you did, if anything, in that

11:39 13 presentation.

11:39 14 A Myself, Jeff Takcs, and Jay Ferrin, we all

11:39 15 presented the base map. We kind of took turns

11:39 16 presenting different portions of it. And then we --

11:39 17 the three of us answered questions from both the House

11:40 18 members and the Senate members.

11:40 19 Q Okay. And tell us a little bit more

11:40 20 specifically about your presentation, what it

11:40 21 comprised; how long did it take?

11:40 22 A We went through the specific parts of the map

11:40 23 that the Court had invalidated, and then we went

11:40 24 through draft by draft, from draft one all the way up

11:40 25 to the end, going through in a great amount of detail

ACCURATE STENOTYPE REPORTERS, INC. J.A. 158 80

11:40 1 every decision that we have made throughout that

11:40 2 process. And then we answered questions from, like I

11:40 3 said, both the House and the Senate members.

11:40 4 And that meeting started at about 9:00 or

11:40 5 10:00 in the morning and went all day until the end of

11:40 6 the day,I believe, around 6:00.

11:40 7 Q And once you explained and presented the House

11:40 8 draft map, did the committee entertain -- entertain

11:40 9 public input or other input from the audience?

11:40 10 A Yes, we did, but it wasn't the House draft; it

11:41 11 was the --

11:41 12 Q Go ahead. I'm sorry.

11:41 13 A-- base map that we had --

11:41 14 Q And the Legislature entertained public

11:41 15 comment?

11:41 16 A Yes.

11:41 17 Q Did individuals speak?

11:41 18 A Yes, they did.

11:41 19 Q Did Congressman Webster speak?

11:41 20 AI believe that he did, yes.

11:41 21 Q Did the League of Women Voters or Common Cause

11:41 22 speak?

11:41 23 A No.I don't believe that they did.

11:41 24 Q How about anyone from the Democratic party or

11:41 25 the Romo plaintiffs?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 159 81

11:41 1 A Not to my knowledge.I don't know if any of

11:41 2 the people from the public were a party -- what their

11:41 3 party was. And I believe --

11:41 4 Q Did you -- I'm sorry.

11:41 5 A I'm sorry.I believe that there was a

11:41 6 gentleman by the name of John Osmond who presented a

11:41 7 map who identified himself as a Democratic -- a

11:41 8 Democratic voter.

11:41 9 Q Okay. Did he identify himself as a member of

11:41 10 the League or Common Cause?

11:41 11 AI don't believe so.

11:41 12 Q Did he identify himself as allied with the

11:41 13 Romo plaintiffs?

11:41 14 A Not --I don't remember that, but I don't

11:41 15 believe so.

11:41 16 Q At any time, to your recollection -- and there

11:42 17 were later committee hearings; correct?

11:42 18 A Yes. Both the Senate and the House had

11:42 19 separate committee meetings.

11:42 20 Q At any time during this process did you ever

11:42 21 see the League of Women Voters, Common Cause, or

11:42 22 anyone from the Romo plaintiffs make any comments, any

11:42 23 testimony, any presentations to the Legislature?

11:42 24 A No presentations or anything like that in

11:42 25 committee, no.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 160 82

11:42 1 Q Did the Legislature accept maps from members

11:42 2 of the public?

11:42 3 A Yes.

11:42 4 Q And approximately how many maps -- public maps

11:42 5 were submitted?

11:42 6 AI don't remember the exact number, and there

11:42 7 were some individuals that submitted more than one

11:42 8 map.

11:42 9 But I believe we ended somewhere around 10 or

11:42 10 11 publicly-submitted maps.

11:42 11 Q And were those maps retained and subject to

11:42 12 review and analysis both by -- by you and members of

11:42 13 the public, if they wish?

11:42 14 A Yes. We -- on the House, we posted them to

11:42 15 our website, as did the Senate. So those maps are

11:43 16 in -- as well as any relevant data and data reports

11:43 17 that we would run for any other amendment or bill, we

11:43 18 ran for those public maps and we put online for

11:43 19 anyone's review.

11:43 20 Q Did the League of Women Voters, Common Cause,

11:43 21 or the Romo plaintiffs submit any maps for legislative

11:43 22 consideration?

11:43 23 A No.I don't believe that they did.

11:43 24 Q Who had the mouse, so to speak, during the

11:43 25 drawing of the base map?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 161 83

11:43 1 A Primarily me. There was maybe once or twice,

11:43 2 very briefly, when I got up in the room to stretch my

11:43 3 legs that Jeff Takcs took over, since we were

11:43 4 primarily using a House program. But other than

11:43 5 that -- maybe 95, 97 percent of the time I had the

11:43 6 mouse.

11:43 7 Q Okay. And did you prepare reports during the

11:43 8 process of developing draft maps and iterations of the

11:43 9 map?

11:43 10 A Yes.

11:43 11 Q Tell the Court a little bit more about what

11:43 12 sort of reports you're talking about.

11:44 13 A Sure. After we would complete some of the --

11:44 14 sometimes a series of drafts. Sometimes after we

11:44 15 would complete one draft, both the House and the

11:44 16 Senate would go and run their standard data reports

11:44 17 that they would run on the maps that would have all

11:44 18 the compactness scores and other relevant functional

11:44 19 analysis data that would be necessary to do a

11:44 20 functional analysis in the minority district. So it

11:44 21 would be those reports that we would run and reconvene

11:44 22 to look them over.

11:44 23 Q And did you retain those, and do you have

11:44 24 those available today for your testimony?

11:44 25 A Yes.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 162 84

11:44 1 Q Were there ever any reports to assess the

11:44 2 political performance of districts other than

11:44 3 districts that might have Tier 1 protection?

11:44 4 A No.

11:44 5 Q What was your guide in determining how to draw

11:44 6 these districts?

11:44 7 A Primarily it was the Supreme Court opinion.

11:44 8 Q Did you have that opinion in the redistricting

11:45 9 suite?

11:45 10 A Yes. The -- and I should be more specific.

11:45 11 The Supreme Court opinion dated,I believe it was July

11:45 12 9th, relative to this case. And, yes, we had it --

11:45 13 each of the map drawers, we each had a copy of it.

11:45 14 And we would very often refer to it, often

11:45 15 even before we redraw a specific area that they

11:45 16 mentioned, we would read through that particular

11:45 17 paragraph or section just to make sure that we were

11:45 18 all on the same page on what that section was telling

11:45 19 us to do.

11:45 20 Q Okay. And do you recall which districts the

11:45 21 Court required you to redraw?

11:45 22 A Yeah. It was District 5, Districts 13 and 14,

11:45 23 and Districts 21, 22, 25, 26, and 27.

11:45 24 Q Okay. And where did you start in drawing the

11:45 25 map? And I will say "you" there in the sense of the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 163 85

11:45 1 three.

11:45 2 A Sure. We started -- we looked at those

11:45 3 specific districts that the Court invalidated. And

11:46 4 amongst those we looked at some of the more clear-cut

11:46 5 choices that the Supreme Court gave us. The best

11:46 6 example would be is where we started, which would be

11:46 7 between Districts 26 and 27 and keeping Homestead

11:46 8 whole.

11:46 9 There was only two ways to do that, keep the

11:46 10 Homestead whole in District 26 or 27. So there is two

11:46 11 clear choices there. So we began with those sorts of

11:46 12 choices.

11:46 13 Q Okay. Let's go right to that. And with

11:46 14 regard to Districts 26 and 27 --

11:46 15 MR. MEROS: Mari-Jo, can you pull up that --

11:46 16 not that, the overall -- the one with District 26

11:47 17 and 27 (indicating.)

11:47 18 BY MR. MEROS:

11:47 19 Q Okay. Can you -- first of all, looking at

11:47 20 that, tell the Court what that represents.

11:47 21 A That represents the first draft that we drew,

11:47 22 keeping Homestead wholly within District 26.

11:47 23 Q Okay. And let me stop you there a minute.

11:47 24 And if I may -- if I can be heard, can you tell the

11:47 25 Court basically, if this is a first draft, how were

ACCURATE STENOTYPE REPORTERS, INC. J.A. 164 86

11:47 1 the 26 and 27 before in the map that was -- that was

11:47 2 required to be redrawn?

11:47 3 A Sure. Before District 27, as you see right

11:47 4 here, Homestead, which is the dark gray municipality

11:47 5 that you see down there in the southern part of the

11:47 6 district, which is now wholly within the kind of

11:47 7 yellowish district, it was split before, toward the

11:48 8 eastern side of it, between District 26 and 27.

11:48 9 Q You said you drew two drafts of alternative

11:48 10 maps?

11:48 11 A Yes.

11:48 12 Q Okay. So this is the first draft in which

11:48 13 District 26 is kept -- or Homestead is kept whole

11:48 14 within District 26?

11:48 15 A Yes.

11:48 16 Q Okay. If we can go to the next version.

11:48 17 Okay. So tell us what this represents.

11:48 18 A This is the second draft that we did, where

11:48 19 you can see that the dark gray municipality of

11:48 20 Homestead is entirely within the pink district now.

11:48 21 So this was our -- this was the second choice, keep

11:48 22 Homestead whole in one district or the other. This is

11:48 23 District 27.

11:48 24 Q Okay. And once you do -- drew two drafts, one

11:48 25 with Homestead whole in 26, and one with Homestead

ACCURATE STENOTYPE REPORTERS, INC. J.A. 165 87

11:48 1 whole in 27, what did you do then?

11:49 2 A Well, both of these districts are majority

11:49 3 minority districts, so we needed to make sure that

11:49 4 whatever we had drawn, both districts in both drafts

11:49 5 would be -- still be able to perform as majority

11:49 6 minority Hispanic districts. So we ran a functional

11:49 7 analysis on all four districts, really.

11:49 8 Q And what did you conclude from that functional

11:49 9 analysis for both the -- the draft map 1 and draft map

11:49 10 2?

11:49 11 A We concluded that, in both drafts, both

11:49 12 districts would still be able to perform for a

11:49 13 Hispanic candidate.

11:49 14 Q So if they both could perform with either

11:49 15 iteration, how did you come upon a map that kept

11:49 16 Homestead whole?

11:49 17 A Well, we -- after we determined that both

11:49 18 drafts would perform, at that point either option is

11:49 19 kind of a tomato-tomato situation. So we decided to

11:50 20 look at the compactness scores for all of those

11:50 21 districts in trying to determine a draft, one over the

11:50 22 other.

11:50 23 And when we did that, we determined that the

11:50 24 Reock scores in both maps were about the same.I

11:50 25 believe they're identical. So we looked at the Convex

ACCURATE STENOTYPE REPORTERS, INC. J.A. 166 88

11:50 1 Hull scores. And in that score, draft 1 scored

11:50 2 higher. So that's the draft that we moved forward.

11:50 3 Q Okay. Now, when you selected draft 1, what,

11:50 4 if anything, did you have to do to equal population?

11:50 5 A Well, after we kept the city whole,I believe

11:50 6 that that overpopulated District 26 by approximately

11:50 7 30,000 people. So, therefore, we had to find a place

11:50 8 where we could take 30,000 people away from District

11:50 9 26 and add it to 27.

11:50 10 So it was -- whenever you make a change in a

11:50 11 Congressional district, because you have to get down

11:50 12 to plus or minus one person, you have to make an exact

11:51 13 corresponding population change with the other

11:51 14 district.

11:51 15 So we looked along the boundary line between

11:51 16 the two districts where a good place would be that we

11:51 17 could identify to get that population.

11:51 18 Q And tell us where -- where you looked, in

11:51 19 essence.

11:51 20 A Sure. Well, when you look at District 27,

11:51 21 it -- it looks a little bit like a kidney bean in that

11:51 22 it kind of has a vertical border coming down north and

11:51 23 south and a diagonal border, which is the Dixie

11:51 24 Highway, coming back.

11:51 25 And right when those two intersect, right in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 167 89

11:51 1 that same general area, the Florida -- that's where

11:51 2 the Florida Turnpike is, which is the largest, most

11:51 3 recognizable roadway in that particular area. So

11:51 4 we -- because it was right at that intersection, and

11:51 5 it was the most major road, we decided to follow that

11:51 6 road up north before going -- going over whenever we

11:51 7 achieved the proper population to equalize both

11:52 8 districts out and run it back to the north-south

11:52 9 border that you see there.

11:52 10 It would be going along two major roadways,

11:52 11 north-south.

11:52 12 Q And does this depict the ultimate map that

11:52 13 equalized population that you came up with?

11:52 14 A Yes.

11:52 15 Q Okay. And if I may, again, can you tell me,

11:52 16 am I correct in saying that this is the Turnpike?

11:52 17 A That is correct, yes. The -- that roadway

11:52 18 coming off of Dixie Highway, that is the Florida

11:52 19 Turnpike.

11:52 20 Q Okay. And do I understand that you went up

11:52 21 Highway 1 here, which was in the existing map?

11:52 22 A Yes. That was in the existing map, yes.

11:52 23 Q And then took the Turnpike north to determine

11:52 24 the population that needed to be out of 26 and in 27;

11:52 25 is that correct?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 168 90

11:52 1 A That's correct, yes.

11:52 2 Q Okay. And the Turnpike continues to go on --

11:52 3 A It does.

11:52 4 Q -- north?

11:52 5 Why didn't you continue north on the Turnpike?

11:53 6 A Well, we looked at -- there are some other

11:53 7 major roads along the Turnpike that intersect the

11:53 8 Turnpike. Ideally we would have liked to have chosen

11:53 9 one of those, either more north or further south. But

11:53 10 we had to achieve equal population.

11:53 11 So as we were adding population as we were

11:53 12 going up the Turnpike, we simply stopped when we

11:53 13 reached the ideal population. And then we had to go

11:53 14 over, rejoin the rest of the district.

11:53 15 Unfortunately, in every Congressional district

11:53 16 you're going to have an area that sort of cuts through

11:53 17 a neighborhood, because you have to be so exact in the

11:53 18 population deviation, plus or minus one person. So

11:53 19 there will be a small area where you have to do that.

11:53 20 We went from the Turnpike through a neighborhood to

11:53 21 achieve the population over to,I believe it's

11:53 22 Southwest 97th Ave North, and then continued with the

11:53 23 existing boundary of the district, which that road

11:53 24 already was.

11:53 25 Q So once you reached this point on the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 169 91

11:53 1 Turnpike, you had essentially reached equal

11:53 2 population?

11:54 3 A Pretty close to it.

11:54 4 Q So this jog represents going back to the map,

11:54 5 because you were basically with equal population?

11:54 6 A Yes. That represents where -- because we had

11:54 7 previously equalized population in that district

11:54 8 within the City of Homestead. Obviously, now that

11:54 9 we've kept it whole, we had to choose a new area along

11:54 10 the boundary to achieve equal population, so that was

11:54 11 the area we went back to.

11:54 12 We went up through the Turnpike, went through

11:54 13 a neighborhood to equalize population, and we rejoined

11:54 14 the existing boundary of the previous map.

11:54 15 Q And this line reflects 97th Avenue?

11:54 16 A Yes,I believe so.

11:54 17 Q Okay. And do you know whether or not -- and

11:54 18 have you had an opportunity to look at a Google map at

11:54 19 97th Avenue?

11:54 20 A Yes. In the MyDistrictBuilder program, it's

11:54 21 actually Bing maps underneath it. So when we're

11:54 22 drawing we can see the Google or the Bing map

11:54 23 satellite view of everything.

11:54 24 Q And could you tell whether or not at 97th

11:54 25 Avenue there is a Hospital?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 170 92

11:55 1 A Yeah,I believe that there is right about at

11:55 2 the intersection where 97th Ave joins the --I forget

11:55 3 the other road -- there is a hospital there.

11:55 4 Q Is there a Miami high school there? Miami

11:55 5 Killian High School?

11:55 6 AI believe so, yes.

11:55 7 Q Is there a city park along that road?

11:55 8 AI believe there is, yes.

11:55 9 Q Is there a private school along that road as

11:55 10 well?

11:55 11 A Other than the high school,I think maybe,

11:55 12 yeah.

11:55 13 Q Okay. Now, Mr. Poreda, directing your

11:55 14 attention to this population here, which once you

11:55 15 chose the Turnpike, was going to go in 27, can you

11:55 16 tell the Court whether you had any knowledge

11:55 17 whatsoever of the racial composition of that

11:55 18 neighborhood?

11:55 19 A No. When we were just determining where to

11:56 20 add or remove population just to keep Homestead whole,

11:56 21 we didn't -- the only statistic that we had on our

11:56 22 program was total population. So we didn't have the

11:56 23 political makeup or racial makeup for any of the

11:56 24 population that we were looking at. The only number

11:56 25 that we had was total population.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 171 93

11:56 1 Q And had you -- at the time you drew this map,

11:56 2 the three of you -- at least for you -- did you know

11:56 3 what Richmond Heights was?

11:56 4 AI did not.

11:56 5 Q Do you know what Palmetto Estates was?

11:56 6 A No.

11:56 7 Q How about West Perrine?

11:56 8 AI did not.

11:56 9 Q Did you have any idea or ever look at the

11:56 10 socioeconomic characteristics of that population on

11:56 11 the east side of the -- of the Turnpike that had to go

11:56 12 into 27?

11:56 13 A No.

11:56 14 Q Did you have any idea whether they voted

11:56 15 Democratic, Republican, or Independent?

11:56 16 A No.

11:56 17 Q Did anyone advise or instruct you or suggest

11:56 18 that what the -- what the political characteristics of

11:57 19 that area was?

11:57 20 A No.

11:57 21 Q Did anyone in the room discuss partisanship or

11:57 22 incumbency in connection with your drawing of 26 and

11:57 23 27?

11:57 24 A No.

11:57 25 MR. MEROS: Your Honor, this might be a good

ACCURATE STENOTYPE REPORTERS, INC. J.A. 172 94

11:57 1 time to break for lunch if that's all right with

11:57 2 you.

11:57 3 THE COURT: All right with me. So see you

11:57 4 back at 1:30.

11:57 5 MR. MEROS: Sure.

11:57 6 (Lunch recess.)

11:57 7 (Proceedings continue in Volume 2.)

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 173 95

1 CERTIFICATE OF REPORTER

2 STATE OF FLORIDA ) COUNTY OF LEON ) 3

4 I, SARAH B. GILROY, Registered Professional Reporter,

5 and Notary Public, do hereby certify that the foregoing

6 proceedings were taken before me at the time and place

7 therein designated; and that the foregoing pages

8 numbered 1 through 94 are a true and correct record of

9 the aforesaid proceedings.

10

11 I further certify that I am not a relative, employee,

12 attorney or counsel of any parties, nor am I a relative

13 or employee of any of the parties' attorney or counsel

14 connected with the action, nor am I financially

15 interested in the action.

16 DATED this day of September, 2015.

17

18

19

20 /s/ Sarah B. Gilroy SARAH B. GILROY 21 [email protected] 850.878.2221 22

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 174 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

RENE ROMO, et al. Plaintiffs, vs. CASE NO: 2012-CA-412

KEN DETZNER and PAM BONDI, Defendants. /

THE LEAGUE OF WOMEN VOTERS OF FLORIDA, et al. Plaintiffs, vs. CASE NO: 2012-CA-490

KEN DETZNER, et al. Defendants. /

VOLUME 2 Pages 96 through 284

IN RE: Evidentiary Hearing

BEFORE: Honorable Terry P. Lewis

DATE: September 24, 2015

TIME: Commenced at 1:47 p.m. Adjourned at 5:50 p.m.

PLACE: Leon County Courthouse Courtroom 3G Tallahassee, Florida

REPORTED BY: SARAH B. GILROY, RPR, CRR [email protected]

ACCURATE STENOTYPE REPORTERS, INC. Tallahassee, FL 32301 850.878.2221

J.A. 175 97

1 APPEARANCES:

2 REPRESENTING THE ROMO PLAINTIFFS: JOHN M. DEVANEY, ESQUIRE 3 [email protected] Perkins Coie, LLP 4 700 Thirteenth Street, NW, Suite 700 Washington,D.C., 20005 5 REPRESENTING THE COALITION PLAINTIFFS: 6 DAVID B. KING, ESQUIRE [email protected] 7 THOMAS A. ZEHNDER, ESQUIRE [email protected] 8 FRITZ WERMUTH, ESQUIRE [email protected] 9 King, Blackwell, Zehnder & Wermuth 25 East Pine Street 10 Orlando, Florida 32301

11 REPRESENTING THE FLORIDA HOUSE: GEORGE N. MEROS, JR., ESQUIRE 12 [email protected] ANDY BARDOS, ESQUIRE 13 [email protected] GrayRobinson 14 301 South Bronough Street, Suite 600 Tallahassee, Florida 15 REPRESENTING FLORIDA SENATE: 16 RAOUL G. CANTERO, III, ESQUIRE [email protected] 17 JASON N. ZAKIA, ESQUIRE [email protected] 18 JESSE L. GREEN, ESQUIRE [email protected] 19 White & Case, LLP Southeast Financial Center 20 200 South Biscayne Boulevard, Suite 4900 Miami, Florida 33131 21

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 176 98

1 INDEX - VOLUME 1

2 WITNESSES PAGE NO.

3 JASON POREDA Direct Exam (cont'd) by Mr. Meros 99 4 Cross Examination by Mr. Zakia 160 Cross Examination by Mr. Zehnder 165 5 Cross Examination by Mr. Devaney 196 Redirect Examination by Mr. Meros 199 6 Recross Examination by Mr. Zehnder 207 Further Redirect Exam by Mr. Meros 208 7 Examination by The Court 209

8 JEFFREY M. TAKACS Direct Examination by Mr. Meros 221 9 Cross Examination by Mr. Zakia 237 Cross Examination by Mr. Zehnder 258 10 Cross Examination by Mr. Devaney 271 Redirect Examination by Mr. Meros 275 11

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 177 99

13:40 1 THE BAILIFF: All rise. Come to order.

13:40 2 THE COURT: Back in session. Witness is

13:40 3 still on the stand.

13:40 4 DIRECT EXAMINATION (cont'd)

13:40 5 BY MR. MEROS:

13:40 6 Q Hello, Mr. Poreda. Let me try to understand

13:40 7 the timing of something you testified about with 26

13:40 8 and 27.

13:40 9 Can you tell me the timing of when you drew

13:40 10 two alternatives and what you did next and what you

13:40 11 did thereafter? Do you know what I mean by that?

13:40 12 AI think so.I mean we -- we drew the first

13:40 13 draft of putting Homestead entirely within District

13:40 14 26. We then -- and evened up the population. That

13:40 15 was two complete districts drawn in isolation of the

13:41 16 rest of the map.

13:41 17 We then drew two more districts putting

13:41 18 Homestead entirely in District 27 and created an

13:41 19 entirely separate draft. It was at that point with

13:41 20 the two drafts with just -- the only two districts in

13:41 21 both of those drafts were just 26 and 27.

13:41 22 We then, after that point, that's when we ran

13:41 23 our reports that were where we got the compactness and

13:41 24 the functional analysis data necessary to perform an

13:41 25 analysis. It was at that point that we did that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 178 100

13:41 1 analysis and then looked at the compactness scores.

13:41 2 Q If I understand correctly, when you drew each

13:41 3 version, you equalized population to plus or minus one

13:41 4 person?

13:41 5 A Yes.

13:41 6 Q And then looked at compactness and then looked

13:41 7 at -- well, looked at compactness and functional

13:41 8 analysis thereafter?

13:41 9 A We first looked at the functional analysis,

13:41 10 because that was -- being majority minority districts,

13:41 11 all four of them, that was the most important

13:41 12 analysis, determining whether or not they could

13:41 13 perform. That's a Tier 1 standard rather than Tier 2.

13:42 14 Once we determined that all the districts that

13:42 15 we drew would perform in our opinion, that's when we

13:42 16 looked at the compactness numbers to figure out which

13:42 17 ones were more compact.

13:42 18 Q Okay. After you determined the first draft

13:42 19 was more compact, did you make any more changes to

13:42 20 draft 1?

13:42 21 A No.

13:42 22 Q Did you become aware at any time during the

13:42 23 special session that the League of Women Voters and

13:42 24 Common Cause had sent a letter to the Legislature

13:42 25 relating to the base map drawing of 26 and 27?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 179 101

13:42 1 AI was aware of a letter that they sent.I did

13:42 2 not read it during the special session, no.

13:42 3 Q Okay. Let's assume you had read it during the

13:42 4 special session, and it complained of African-American

13:42 5 Democrat voters moving into District 27, making

13:42 6 District 26 more Republican, would you have

13:42 7 recommended changing what you did?

13:43 8 A No,I would not.

13:43 9 Q Why?

13:43 10 AI would have viewed that as a direct violation

13:43 11 of the constitution. It would have been the same

13:43 12 thing had we looked at the political performance

13:43 13 numbers when we first drew the drafts and drew the

13:43 14 districts to favor one party or the other. If we had

13:43 15 made changes based on any recommendations from anyone,

13:43 16 based solely on how the districts performed

13:43 17 politically, we felt like that would be --I felt like

13:43 18 that would be -- that that is a clear violation of the

13:43 19 constitution.

13:43 20 Q Now what I would like to do, Mr. Poreda, is

13:43 21 ask you to share with the Court the process by which,

13:43 22 and the timing by which you and your map drawers

13:43 23 completed the map. We have spoken some about 26 and

13:43 24 27. And we won't do this forever, but if we could, do

13:43 25 we have some charts to show the draft maps and how you

ACCURATE STENOTYPE REPORTERS, INC. J.A. 180 102

13:43 1 proceeded with the evolution of drawing?

13:44 2 A Yes, absolutely. Like you said, we started

13:44 3 talking about 26 and 27 already. So I won't

13:44 4 completely duplicate what we already said. Those are

13:44 5 the first districts we looked at.

13:44 6 There is the sentence out of the Supreme Court

13:44 7 opinion that kind of sums up what we had to do; we had

13:44 8 to redraw them to avoid splitting Homestead. And

13:44 9 because that was, in our opinion, it was a clear-cut

13:44 10 decision we had to make on the map to put Homestead in

13:44 11 one district or the other, that is where we began.

13:44 12 If you kind of go forward in the slides you

13:44 13 will see briefly the district as it was in the enacted

13:44 14 one that is invalid. And moving forward from there,

13:44 15 we will go through and see how the city was split.

13:44 16 And then draft 1 and 2, we just talked about --

13:44 17 Q Let me see if I understand that map. Does

13:44 18 that map reflect that you started with 26 and 27, and

13:45 19 the rest of the map was, in fact, empty?

13:45 20 A Yes. Whenever we would draw a different

13:45 21 region or a different area that was specific, we

13:45 22 invalidated -- we started with just those two

13:45 23 districts, or however many districts we needed to

13:45 24 draw, just that particular region.

13:45 25 And as we move forward in the draft process,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 181 103

13:45 1 as we complete more districts that we kind of made a

13:45 2 decision we were going to add them in, and we see more

13:45 3 and more districts get added as we go along. We

13:45 4 started initially with a blank map and started with

13:45 5 the two districts, three districts, however many were

13:45 6 invalidated in that particular region.

13:45 7 Q Okay. And proceed, if you would, past 26 and

13:45 8 27.

13:45 9 A Sure. So we talked about draft 1 is just 26

13:45 10 and 27. You can see the decision we made to follow

13:45 11 the Turnpike. Moving forward you can see there is

13:45 12 Homestead specifically and how the black line now is

13:45 13 where District 27 and 26 were divided, right along

13:46 14 municipal lines of Florida City and Homestead.

13:46 15 And the next draft, you can see draft 2, we

13:46 16 again started with just those two districts. And

13:46 17 there is kind of an overall district view of the map

13:46 18 we talked about previously. And there is the -- you

13:46 19 can see the black line indicating the district line

13:46 20 now kind of going in between Florida City and

13:46 21 Homestead, putting all of Homestead into District 27.

13:46 22 And -- okay. So now we get into the

13:46 23 functional analysis that we did on all four of those

13:46 24 districts.

13:46 25 Q Without going into too much detail on that.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 182 104

13:46 1 A Sure. Sure. It's important to note that when

13:46 2 we did both of those drafts, as I mentioned before, we

13:46 3 didn't have any of the political data on for the

13:46 4 individual census blocks we were drawing with, nor the

13:46 5 racial data for the census blocks that we were

13:46 6 drawing.

13:46 7 The only thing that we had displayed was total

13:46 8 population. We were trying to make judgments on where

13:46 9 best to fill out each district based solely on the

13:47 10 roadways and municipal lines and other geographical

13:47 11 features in the area where we felt would make the best

13:47 12 choice to fill out the population for that district.

13:47 13 When we get to the functional analysis,

13:47 14 obviously the first numbers that we look at are the

13:47 15 Hispanic voting age population numbers or HVAP numbers

13:47 16 for each of the districts. But obviously functional

13:47 17 analysis is a little bit more complicated than that,

13:47 18 especially in this area of the state, as we have to

13:47 19 look further past just the overall HVAP numbers.

13:47 20 Those numbers are consistent with what we

13:47 21 would expect for districts in that area. So moving

13:47 22 forward, the next thing that we have to do is

13:47 23 determine how the districts perform politically.

13:47 24 So those are the -- the next numbers you look

13:47 25 at are the political performance numbers of various

ACCURATE STENOTYPE REPORTERS, INC. J.A. 183 105

13:47 1 elections and the voter registration breakdown for

13:47 2 both the district as a whole and the Hispanic

13:47 3 population specifically within that district.

13:47 4 Looking overall at the two districts in both

13:48 5 of the drafts you can see that they are both what I--

13:48 6 what our opinion would be split very evenly

13:48 7 politically. You can see some elections, like the

13:48 8 2012 presidential race where Obama carried the

13:48 9 district, just over 50 percent; and other elections

13:48 10 like the 2008 presidential race where Senator McCain

13:48 11 carried the district just barely over 50 percent; and

13:48 12 other various districts in between with -- very, very

13:48 13 close politically, very politically divided districts.

13:48 14 Looking at the registration you can see that

13:48 15 Republican and Democrat registration is very, very

13:48 16 similar, both in the 30s, in the very high Independent

13:48 17 registration.

13:48 18 Looking at the two --

13:48 19 Q Let me interrupt you there. Would you

13:48 20 consider District 26 as proposed there to be a

13:48 21 competitive district?

13:48 22 AI would, yes.

13:48 23 Q Okay. Go ahead.

13:48 24 A And looking briefly at the Hispanics of the

13:48 25 area, you can see that they're divided between

ACCURATE STENOTYPE REPORTERS, INC. J.A. 184 106

13:49 1 Democrat and Republican. Neither party has a majority

13:49 2 of Democrat or -- of the Hispanics in that area. But

13:49 3 there are certainly more Hispanics who are registered

13:49 4 Republican than registered Democrat, which is an

13:49 5 interesting note, because the area itself is tending

13:49 6 to lean more Democratic, but among Hispanics there are

13:49 7 more Republicans.

13:49 8 Q And as we're looking at these slides, were

13:49 9 these slides and reports created while you were doing

13:49 10 this, as opposed to afterwards?

13:49 11 A No. They were only created after we completed

13:49 12 both drafts.

13:49 13 Q Right. Right. But as you completed drafts,

13:49 14 did you do these reports and save them when you had to

13:49 15 make decisions?

13:49 16 A Yeah. In order to run the reports, we would

13:49 17 have to save a draft. So we would have the file that

13:49 18 we could then run the reports on.

13:49 19 Q Okay.

13:49 20 A So we would sometime run reports immediately

13:49 21 after we'd complete a draft or sometimes more often a

13:49 22 series of drafts. So after we would complete two or

13:49 23 three or four different drafts, we would run the

13:49 24 reports on those -- that series of drafts.

13:50 25 And then we'd analyze whatever data we needed

ACCURATE STENOTYPE REPORTERS, INC. J.A. 185 107

13:50 1 to and go on from there.

13:50 2 Q Subsequent to your initial evaluation of the

13:50 3 functional analysis of this and other Hispanic

13:50 4 districts, did you -- did you look to anyone else to

13:50 5 validate or to criticize your analysis?

13:50 6 A We would occasionally call counsel in, as I

13:50 7 referred before. And we would give them our analysis

13:50 8 and give them the data to look at as well, just to

13:50 9 make sure that the facial analysis we had done of the

13:50 10 data was in line with their thinking as well.

13:50 11 Q Did you anticipate that anyone other than --

13:50 12 that counsel would look at those districts for their

13:50 13 performance measures during the special session?

13:50 14 A No.

13:50 15 Q Did you talk -- did you ever consult with

13:50 16 Dr. Dario Moreno about those districts?

13:50 17 A No. We did not consult with him during the

13:50 18 process. It was always our intent to consult with

13:50 19 him, especially in the South Florida area, because as

13:51 20 I mentioned before, it is a very complex functional

13:51 21 analysis to do in this area because it is so

13:51 22 politically divided. So our intent was always to get

13:51 23 his analysis.

13:51 24 I can remember speaking personally myself I

13:51 25 thought it was very important that we not give him any

ACCURATE STENOTYPE REPORTERS, INC. J.A. 186 108

13:51 1 data while we were drawing the base map. We only

13:51 2 wanted to get his input after we had completed the

13:51 3 entire base map and then get his analysis of those

13:51 4 three districts in South Florida that --

13:51 5 Q And after the base map, did you, in fact, get

13:51 6 that analysis?

13:51 7 A We did, yes.

13:51 8 Q Go ahead.

13:51 9 A Okay. So once we determined that the

13:51 10 districts are very competitive politically, we had to

13:51 11 look further on the next slide, trying to look at the

13:51 12 turnout, figure out how the Hispanic population

13:51 13 actually turns out to vote.

13:51 14 So you can see there is a clear path for --

13:51 15 now with the previous slide you can understand that

13:51 16 either candidate, a party candidate from either party

13:51 17 could win a general election in all of those

13:52 18 districts. We then, instead of a functional analysis

13:52 19 to determine that one party or the other had control,

13:52 20 you only have to look at the primary and the breakdown

13:52 21 of that particular party that controls the general

13:52 22 election.

13:52 23 But because both parties have just about an

13:52 24 equal chance of winning a general election, we have to

13:52 25 look at both parties. On the Republican side there is

ACCURATE STENOTYPE REPORTERS, INC. J.A. 187 109

13:52 1 a clear path for a Hispanic candidate to win the

13:52 2 primary.

13:52 3 So we felt comfortable that there would be an

13:52 4 opportunity to at least have one candidate in a

13:52 5 general election that would have a chance to win who

13:52 6 would be Hispanic. But the Democrat side, it's not as

13:52 7 clear of a path, but there is also a path for a

13:52 8 Democrat Hispanic candidate to be elected there.

13:52 9 We were confident that in a general election

13:52 10 we would have one or maybe two candidates, both of

13:52 11 which with an equal chance of winning a general

13:52 12 election in a district. Therefore we felt comfortable

13:52 13 with equally performing Hispanic districts.

13:53 14 Q Go ahead and proceed.

13:53 15 MR. MEROS: Your Honor, if you can give me a

13:53 16 little bit of leeway to have him do this in a

13:53 17 narrative fashion so we won't take up too much

13:53 18 time.

13:53 19 BY MR. MEROS:

13:53 20 Q Go ahead.

13:53 21 A Once we determined that they were both

13:53 22 performing, we looked at the compactness numbers.

13:53 23 Next slide.

13:53 24 That's where we determined that the -- in

13:53 25 draft 1, we were slightly more compact with District

ACCURATE STENOTYPE REPORTERS, INC. J.A. 188 110

13:53 1 27 in the Convex Hull score, so that was how we

13:53 2 determined which draft we were going to move forward.

13:53 3 After we did that, we actually jumped real

13:53 4 quick into the Tampa Bay region because, again, we

13:53 5 were looking for that -- those decisions that the

13:53 6 Supreme Court made easy for us, where you had to do

13:53 7 this or that or very specific things. But this is we

13:53 8 had to avoid crossing Tampa Bay. That's a very clear

13:53 9 decision that we had to make.

13:53 10 So we jumped up there briefly, and we started

13:53 11 drawing Districts 13, because now that we didn't have

13:53 12 to jump Tampa Bay -- what happened, whenever you have

13:53 13 a peninsula, you have to start at the south and work

13:53 14 your way north in order to not accidentally trap a

13:53 15 small population on the southern part of the peninsula

13:54 16 that you don't have assigned to a district.

13:54 17 Q Am I looking at this correctly that 13 is the

13:54 18 Pinellas County district?

13:54 19 A Correct, the blue district you see there.

13:54 20 This is how it was currently enacted in 90 -- in the

13:54 21 map that passed in 2012 and also last year, 2014.

13:54 22 If you move forward, you will see these are

13:54 23 the three drafts we drew in that area before we jumped

13:54 24 back down to South Florida. In draft 1 we just drew

13:54 25 Districts 13 and 12.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 189 111

13:54 1 13 is the now entirely -- it was entirely with

13:54 2 Pinellas before, but now it starts at the southernmost

13:54 3 point, works its way north. Because of the way the

13:54 4 municipalities work in Pinellas County, in the next

13:54 5 one you'll see we had to split to City of Clearwater

13:54 6 simply on mathematics. If you jump forward one more

13:54 7 slide.

13:54 8 You will see we had to split the City of

13:54 9 Clearwater, which is the green city that you see

13:54 10 there. Just -- we couldn't keep the city whole.

13:54 11 There was no other place to go. We had to split it.

13:55 12 We chose major roadways in that area to follow it as

13:55 13 closely as we could. But that is how we drew those.

13:55 14 And 12 filled out the remaining portion of

13:55 15 Pinellas County and grabbed all of Pasco. At that

13:55 16 point there was about 12,000 extra people that you had

13:55 17 to grab in Hillsborough County.

13:55 18 And because you have to draw the districts

13:55 19 plus or minus a single person, that was the only other

13:55 20 place you could go grab that had about 12,000 people

13:55 21 that were Hispanic.

13:55 22 Going forward to the next draft, you can see

13:55 23 here what we did after finishing District 12, we, as

13:55 24 an exercise, well what if we just kept the population

13:55 25 rotation -- counterclockwise rotation between three

ACCURATE STENOTYPE REPORTERS, INC. J.A. 190 112

13:55 1 districts; 14, 12, and 13.

13:55 2 So we locked in portions of Districts 15 and

13:55 3 17 that were previously in Hillsborough County and

13:56 4 then filled out this report, and that's what it would

13:56 5 look like. And any district we would draw there would

13:56 6 look similar to that.

13:56 7 But we were unhappy with that orientation of

13:56 8 how that was -- would look, especially now that

13:56 9 District 14, based on the Supreme Court opinion, was

13:56 10 no longer a performing minority district, because we

13:56 11 could not jump Tampa Bay and grab the African-American

13:56 12 community of about 92,000 people in southern Pinellas

13:56 13 County. So that district was not performing.

13:56 14 The Supreme Court also noted that

13:56 15 Representative , who is a white Democrat,

13:56 16 represented that district for many years, kind of

13:56 17 indicating they did not believe it was a performing

13:56 18 minority district. So it was unnecessary to cross the

13:56 19 bay.

13:56 20 With that in mind, we then attempted in draft

13:56 21 5 to draw a more compact version of CD-14 entirely

13:56 22 within -- entirely within Hillsborough County. You

13:56 23 can see here that the district that we drew there

13:56 24 where we were able to keep --

13:57 25 Q You're saying the yellow district is 14?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 191 113

13:57 1 A Yellow district, yes. That keeps the entire

13:57 2 City of Tampa whole. And if you go forward, you will

13:57 3 see kind of a zoomed-in version of this area. You can

13:57 4 see that district. That district is largely driven

13:57 5 now by the City of Tampa. In the next slide --

13:57 6 Q Let me -- let me stop you there a minute if I

13:57 7 may. So this being the City of Tampa, you say that

13:57 8 these are the actual lines of the City of Tampa?

13:57 9 A In the next slide you will see them.

13:57 10 Q I'm sorry. Go ahead.

13:57 11 A So there is -- the black lines are the lines

13:57 12 of Congressional District 14 as we drew it. You can

13:57 13 see the green lines in between the district. That is

13:57 14 the municipal line of Tampa.

13:57 15 You can see that we entirely encompassed the

13:57 16 city and followed the municipal lines occasionally,

13:57 17 and we had to add some additional population just

13:57 18 outside the city to equalize population.

13:57 19 Q Okay.

13:57 20 A But the shape of the district is governed

13:57 21 mostly by the shape of the City of Tampa.

13:57 22 Q Okay.

13:57 23 A At that point we realized that we -- we liked

13:58 24 the orientation of that particular district. But

13:58 25 beyond that Hillsborough County might be affected on

ACCURATE STENOTYPE REPORTERS, INC. J.A. 192 114

13:58 1 how we drew the rest of the region. It would be

13:58 2 difficult to move beyond these three districts that we

13:58 3 drew, because we didn't know what other decisions were

13:58 4 going to be made in Central Florida.

13:58 5 So we jumped down to one of the next clear-cut

13:58 6 choices the Supreme Court gave us. So we jumped back

13:58 7 down to Congressional District 25 and District 20,

13:58 8 which is the splitting of Hendry County issue. That

13:58 9 is another clear choice.

13:58 10 If you go to the next slide you will see how

13:58 11 the districts were currently enacted where we split

13:58 12 Hendry County. The Supreme Court told us that we

13:58 13 could not split Hendry County. So there's two clear

13:58 14 choices there; put Hendry County entirely within

13:58 15 District 20, which is the purple district, or entirely

13:58 16 within the white district, which is District 25.

13:58 17 So that's what we did. The next two drafts

13:58 18 that you see, drafts 6 and 7, is Hendry County in

13:59 19 District 25 and District 20. So we again, you can see

13:59 20 here, we dropped out all of the other districts and

13:59 21 just concentrated on those two districts.

13:59 22 The first draft, draft 6 that we tried, was we

13:59 23 tried putting just Hendry County entirely within

13:59 24 District 25. That underpopulated District 20, so we

13:59 25 needed to add some population. We did that in the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 193 115

13:59 1 Broward and Palm Beach County areas of those

13:59 2 districts, but the overall shape of the district

13:59 3 didn't change much at all. And the important part of

13:59 4 this is both of these districts are also both minority

13:59 5 districts.

13:59 6 District 20 is a majority minority black

13:59 7 district, so we had to keep that district above 50

13:59 8 percent. The currently enacted district was at 50.06

13:59 9 percent. It was just barely over 50 percent. We had

13:59 10 to be very mindful of that district's population.

13:59 11 And then District 25 is another majority

13:59 12 minority Hispanic district, so we had to be mindful of

14:00 13 that as well. We were able to do both of those things

14:00 14 in this draft.

14:00 15 And if you look at the next draft, we were

14:00 16 able to put Hendry County entirely within District 20.

14:00 17 We were able to maintain both those districts'

14:00 18 performance as well.

14:00 19 So because we're able to maintain the

14:00 20 performance of both of those, you go to the next

14:00 21 couple of slides you will see the functional analysis

14:00 22 we did after we drew both of those drafts. You can

14:00 23 see the 50.01, 50.06, about 70 percent in District 25.

14:00 24 Here is the party breakdown with both of these

14:00 25 districts. You can see that the functional analysis

ACCURATE STENOTYPE REPORTERS, INC. J.A. 194 116

14:00 1 for District 25 is very similar to that of 26 and 27,

14:00 2 very competitive district, and -- where both parties

14:00 3 would win.

14:00 4 District 20 is much more of a Democratic

14:00 5 leaning district. We only had to concentrate on that

14:00 6 part. Moving forward, you can see us drilling down

14:00 7 more in the data that we look at for each particular

14:00 8 district. Comfortable that both of those districts

14:00 9 would perform for the minority candidate of choice for

14:01 10 each particular district.

14:01 11 We moved on with the compactness numbers

14:01 12 again. We determined that draft 6 was the more --I

14:01 13 believe it was draft 6 was the more compact way, where

14:01 14 we put Hendry County entirely within District 25.

14:01 15 And that's the version that we moved forward

14:01 16 in later drafts.

14:01 17 Q And so you moved forward with draft 6?

14:01 18 A Yes, because when you look at the Reock scores

14:01 19 for draft 6, they are much higher than that of draft

14:01 20 7. And one of the Convex Hull scores is greater. One

14:01 21 of the Convex Hull scores is a little bit lower, but

14:01 22 because there is just -- there is three scores that

14:01 23 improved one way, one score that improved the other

14:01 24 way, we decided to move forward with draft 6.

14:01 25 Q Okay. Proceed.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 195 117

14:01 1 A So now in draft 8 we combine the draft 1, the

14:01 2 version of the Homestead split, the correction of that

14:02 3 that we had moved forward. The version that we just

14:02 4 went over of Hendry County and moved that forward, as

14:02 5 well as if you move forward, you can -- two slides.

14:02 6 So I will talk about, if you -- this real

14:02 7 quick. You can see District 5 in there, because it

14:02 8 was at this point as we were drawing draft 8, after

14:02 9 consulting with counsel, where we decided to move

14:02 10 forward with Congressional District 5 that -- exactly

14:02 11 as it was displayed in the Romo A map in previous

14:02 12 trials. We pasted it into draft 8 to signify that's

14:02 13 why we made that decision.

14:02 14 The rest of draft 8 is all in South Florida,

14:02 15 where it combines those two drafts that we had done

14:02 16 before, with the Hendry County and Homestead split.

14:02 17 After we pasted in District 26 and 27 and 25 and 20,

14:03 18 at that point we also pasted in the enacted 24,

14:03 19 because that district didn't change at all, nor did we

14:03 20 have to change it to do those other two things. That

14:03 21 is also a majority black district.

14:03 22 We pasted that in as it came from the enacted

14:03 23 map. That left us with the area that would become

14:03 24 District 23, 22, and 21, which are not minority

14:03 25 districts. So the only thing that really matters

ACCURATE STENOTYPE REPORTERS, INC. J.A. 196 118

14:03 1 there is compactness, counties and cities, those sort

14:03 2 of things --

14:03 3 Q And --

14:03 4 A So -- yeah, go ahead.

14:03 5 Q If I may interrupt a minute. In District 24

14:03 6 there was no direction from the Court to redraw that

14:03 7 district?

14:03 8 A That's correct; it was not invalidated.

14:03 9 Q There was no direction to change 23, but, of

14:03 10 course, if there were changes that needed to be made

14:03 11 by virtue of other changes, you might have to do that;

14:03 12 is that correct?

14:03 13 A That is correct. And because we had to change

14:03 14 District 25 slightly, that did affect the boundaries

14:03 15 of District 23 slightly to be -- to the western side

14:03 16 of the -- western and northern side of that district.

14:04 17 We started drawing 23 and filled that district out,

14:04 18 because the next two districts, 21 and 22, were

14:04 19 specifically mentioned by the Court.

14:04 20 They were not specifically invalidated, but

14:04 21 they did tell us that we needed to draw those

14:04 22 districts in a more compact fashion.

14:04 23 So if you move to the next slide real quick

14:04 24 after the part of the Supreme Court -- these are the

14:04 25 enacted districts, which previously enacted districts

ACCURATE STENOTYPE REPORTERS, INC. J.A. 197 119

14:04 1 which were drawn vertically --

14:04 2 Q When you say "previously enacted," are you

14:04 3 talking about 2012?

14:04 4 A And '14.

14:04 5 Q Okay.

14:04 6 A So those are the two districts that we had

14:04 7 drawn previously, which didn't split any

14:04 8 municipalities in Broward or Palm Beach County other

14:04 9 than what was split by District 20. So all of the

14:04 10 municipalities there were already kept whole.

14:04 11 So we didn't have a whole lot of flexibility

14:04 12 to -- to change the boundary line between those two

14:04 13 districts and increase compactness in a vertical

14:04 14 fashion. You can see that in the next slide.

14:04 15 Q Let me stop you there a minute.

14:05 16 MR. MEROS: If you would go back, Mari-Jo.

14:05 17 BY MR. MEROS:

14:05 18 Q So this is how you drew it in 2012 and 2014?

14:05 19 A Yes.

14:05 20 Q And as you understood the Court's order, it

14:05 21 did not dictate that, instead of the north-south

14:05 22 configuration, east-west was required, but it did

14:05 23 require that you draw the districts in a more compact

14:05 24 fashion; is that what you're saying?

14:05 25 A That was our understanding of the Supreme

ACCURATE STENOTYPE REPORTERS, INC. J.A. 198 120

14:05 1 Court order, yes.

14:05 2 Q Okay.

14:05 3 A Had to be redrawn and had to be done more

14:05 4 compactly. But we didn't have to draw them east-west

14:05 5 or north-south or whatever.

14:05 6 Q Okay. So go ahead.

14:05 7 A Okay. So if you look at the next slide, you

14:05 8 will see what I just stated before, that none of the

14:05 9 municipalities between 21 and 22 were split, other

14:05 10 than where District 20 becomes involved. This was a

14:05 11 slide that was prepared that demonstrates that. You

14:05 12 can see all the different municipalities in that

14:05 13 region and how they're not being split, so you

14:05 14 couldn't improve the city split metric there.

14:05 15 And the two vertical districts -- however you

14:06 16 orient them, even a little bit differently, the

14:06 17 compactness scores are not going to change much, if at

14:06 18 all. So our determination was drawn in a more

14:06 19 east-west fashion that was very similar to a House

14:06 20 draft that was drawn back in 2012 that the Court

14:06 21 specifically mentioned as an example of how to draw

14:06 22 them more compactly. We did not use that House draft.

14:06 23 We drew them from scratch in the map-drawing room.

14:06 24 But they came out very similar to that House

14:06 25 draft. And in the next couple of slides we will see

ACCURATE STENOTYPE REPORTERS, INC. J.A. 199 121

14:06 1 that one.

14:06 2 Q Let me stop you a minute. Do I understand --

14:06 3 MR. MEROS: Go back a minute, Mari-Jo, please.

14:06 4 BY MR. MEROS:

14:06 5 Q And do I understand correctly that you made

14:06 6 efforts to draw north-south configured Districts 21

14:06 7 and 22 more compactly?

14:06 8 A We didn't really try to draw anything that

14:06 9 specifically, because we -- none of the municipalities

14:06 10 were split between those districts. So we made the

14:07 11 determination -- we agreed among the three of us that

14:07 12 there really would be no other way to effectively

14:07 13 improve the compactness of those districts in a

14:07 14 north-south manner. We made that agreement among the

14:07 15 three of us in the room without really having to try.

14:07 16 Q Since that time, have you seen any north-south

14:07 17 configuration of 21 and 22 that was more compact than

14:07 18 what you had drawn originally?

14:07 19 A No. There were amendments on both chambers in

14:07 20 both the Senate and the House where there was an

14:07 21 alternative north-south configuration of Districts 21

14:07 22 and 22. But none of them were more compact than what

14:07 23 had been previously drawn nor what occurred in the

14:07 24 base map.

14:07 25 Q Okay. Proceed.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 200 122

14:07 1 A So the next slide, as I mentioned, this is how

14:07 2 it ended up in the base map. The next slide after

14:07 3 that, you can see that we didn't split any

14:07 4 municipalities in drawing in an east-west manner. And

14:07 5 you can see that we were able to keep District 21

14:07 6 entirely within Palm Beach County. And we did that

14:08 7 but without having to split Boca Raton, which is right

14:08 8 on the southern boundary between Palm Beach and

14:08 9 Broward County.

14:08 10 That's why District 22 goes up and around,

14:08 11 because it was done in a way to keep Boca Raton whole.

14:08 12 So that's -- you can see we didn't split any

14:08 13 municipalities, just as it was before, but they're

14:08 14 both more compact.

14:08 15 So after that, you can see the compactness

14:08 16 scores here, compared to 9057 and draft 8, which was

14:08 17 our version of that. You can see that all of the

14:08 18 compactness scores are significantly better,

14:08 19 specifically Reock.

14:08 20 Q So draft 9057 is what the Court said needed to

14:08 21 be more compact?

14:08 22 A Yes.

14:08 23 Q And for District 21, you raised that Reock

14:08 24 score from .28 to .37; is that right?

14:08 25 A That is correct.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 201 123

14:08 1 Q And District 22 from .18 to .38?

14:08 2 A That's correct.

14:08 3 Q Is that a substantial improvement in

14:09 4 compactness?

14:09 5 A That is a significant and substantial

14:09 6 improvement, yes.

14:09 7 Q Okay. Go ahead.

14:09 8 A Okay. So after we completed that out. We --

14:09 9 real quick before we move on, so we added those

14:09 10 districts, and so we would have completed Districts

14:09 11 20, 21, 22, 23, all the way down to 27. We also,

14:09 12 because District 18 composed of entirely two counties

14:09 13 and the rest of Palm Beach County, and District 19 was

14:09 14 the remaining portion of Collier County and whatever

14:09 15 was left in Dade County, they remained identical to

14:09 16 what was in the enacted map.

14:09 17 And by putting those two districts in along

14:09 18 with the districts that we changed in the rest of

14:09 19 South Florida, we were able to isolate those ten

14:09 20 districts from the 17 districts to the north. So we

14:09 21 were able to kind of put those in isolation. That's

14:09 22 where --

14:09 23 Q Do you have a depiction of that?

14:09 24 A Yeah. If you go back toward the beginning --

14:09 25 right there.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 202 124

14:09 1 Q Okay.

14:09 2 A You can see that District 18 and 19 are the

14:10 3 same as they are in the map that was passed in 2012,

14:10 4 2014. Those are both compact districts in and of

14:10 5 their own right and were able -- able to isolate all

14:10 6 of South Florida from the rest of the map.

14:10 7 So whatever changes we made to the north would

14:10 8 not affect the good changes that were already made to

14:10 9 the south. So that's what we did there.

14:10 10 Now after that, we kind of already had looked

14:10 11 at Tampa Bay. We made the decision on Congressional

14:10 12 District 5. So we had taken care of all the

14:10 13 specifically invalidated districts that the Supreme

14:10 14 Court had invalidated in the July 9th order. So at

14:10 15 that point we started looking at the rest of the map.

14:10 16 The first place that we looked was

14:10 17 Congressional District 10.

14:10 18 Q Where is Congressional District 10?

14:10 19 AI should say more specifically we looked at

14:10 20 Orange County, because the previous Congressional

14:10 21 District 5, which had a portion of Orange County,

14:10 22 there was a significant African-American minority

14:10 23 population in Orange County that now would not have a

14:11 24 minority representation.

14:11 25 And we also knew that there was an Hispanic

ACCURATE STENOTYPE REPORTERS, INC. J.A. 203 125

14:11 1 community in Orange County that had asked for some

14:11 2 representation, and we knew that was there.

14:11 3 So because of those two factors in mind, we

14:11 4 decided to look at Orange County and see if there was

14:11 5 a way of maybe combining those two populations into a

14:11 6 performing minority district in that area. So we

14:11 7 drew,I think it was five or six different drafts that

14:11 8 that -- that attempted to see.

14:11 9 The first one we looked specifically just at

14:11 10 the two minority populations. What if we combined

14:11 11 them, what would it look like, and this is what we

14:11 12 came up with. Obviously this is kind of a noncompact

14:11 13 barbell kind of shaped district. But it was our first

14:11 14 attempt at trying to combine those populations.

14:11 15 But it was in this attempt that we realized

14:11 16 that we could stay just within Orange County and

14:11 17 combine those populations in a district that may

14:11 18 perform once we look later at the functional analysis.

14:11 19 So we tried different attempts. Because you

14:12 20 can see here this is right in the middle of Orange

14:12 21 County. You could push it to the east or push it to

14:12 22 the north or try to draw it in a more compact fashion.

14:12 23 So the next several drafts are exactly that.I will

14:12 24 go through them kind of quickly.

14:12 25 This just shows the municipal lines for that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 204 126

14:12 1 draft. So this draft 10, if you go to the next slide,

14:12 2 so this -- we kind of pushed the district to the east.

14:12 3 And actually the eastern boundary of that district

14:12 4 would have been District 8.

14:12 5 We kind of took the boundary line in the

14:12 6 vicinity of the already enacted District 8, which is

14:12 7 the district that has all of Brevard and Indian River

14:12 8 and comes a little bit to Orange. We decided to kind

14:12 9 of push it up against that boundary line and then draw

14:12 10 the district heading west to see what it looked like.

14:12 11 You can see it's more compact than what we had

14:12 12 previously drawn, but still, you know, there could

14:12 13 probably be some room to improve the district.I

14:12 14 should note at this point we're not looking at any of

14:12 15 the like functional analysis data that we would draw.

14:13 16 We're just drawing the district to see if we

14:13 17 can combine those two minority populations. So the

14:13 18 next draft we went the opposite. We went to the north

14:13 19 and to the west.

14:13 20 So you can see there we kind of go up to the

14:13 21 northwest corner of Orange County and draw -- drew

14:13 22 south. You can see that district also has kind of a

14:13 23 barbell shape to it. It is a little bit more compact,

14:13 24 and it's along the county line.

14:13 25 That was another attempt kind of pushing the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 205 127

14:13 1 district the other way than we had done previously.

14:13 2 The next attempt is a draft we did where we

14:13 3 decided, let's not look at where the minority

14:13 4 populations are and just draw a district as compactly

14:13 5 as we could within Orange County and see where we get.

14:13 6 By doing that we started in the west and started to

14:13 7 fill in east.

14:13 8 And so we grabbed the appropriate amount of

14:13 9 population, which is 696,344 or 45 people, and this is

14:13 10 where we ended up.

14:13 11 At this point we decided, well, let's look at

14:14 12 the compactness numbers; let's look at the functional

14:14 13 analysis numbers of this specific district to see how

14:14 14 it does and see if it performs, it being the most

14:14 15 compact version that we have drawn.

14:14 16 So if you look at the next slide, that kind of

14:14 17 goes into that functional analysis of just draft 12,

14:14 18 which was that previous draft that we had just drawn

14:14 19 where we just started in the east and started drawing,

14:14 20 starting with the west and just drawing east within

14:14 21 Orange County.

14:14 22 And you can see here in this analysis that

14:14 23 it's a clearly Democratic-performing district. But if

14:14 24 you look at the Democratic turnout between black and

14:14 25 Hispanic, you can see the combination between black

ACCURATE STENOTYPE REPORTERS, INC. J.A. 206 128

14:14 1 and Hispanic is about 46, almost 47 percent, which

14:14 2 isn't quite enough for them to give them control, as a

14:14 3 coalition, control of the Democratic primary, since

14:14 4 Democrats clearly have control of the general election

14:14 5 in this district. But we got really, really close.

14:14 6 We were very encouraged by how close we got without

14:14 7 even trying to draw a coalition district.

14:15 8 So we then decided, well, let's look back and

14:15 9 see if any of the other districts we drew were

14:15 10 performing. We didn't expect this one to get as close

14:15 11 as it did.

14:15 12 So if you look at the next slide, this shows

14:15 13 the functional analysis, the first part of the

14:15 14 functional analysis for the remaining four drafts,

14:15 15 including District 12. You can see they're all very

14:15 16 similar as far as the overall performance. And then

14:15 17 the next slide, you can see the kind of breakdown of

14:15 18 the turnout.

14:15 19 And you can see that we actually had, in

14:15 20 looking at the combination between black and Hispanics

14:15 21 in drafts 9, 10, 11, and 13, we had drawn what we

14:15 22 would consider a performing coalition district,

14:15 23 because the black and Hispanic communities combined

14:15 24 would control the Democratic turnout, and the

14:15 25 district -- all of those districts are clearly a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 207 129

14:15 1 Democratic-performing district.

14:15 2 So that -- we would consider that to be a

14:15 3 performing district. You can see draft 12 is almost

14:16 4 there, but not quite. But that district is clearly

14:16 5 the most compact district.

14:16 6 We decided, let's go back and see if we can

14:16 7 alter draft 12 a little bit and turn it into a

14:16 8 performing district, while also keeping it compactly,

14:16 9 and not having drawn a district to be a coalition

14:16 10 district and drawing a Tier 2 compact district

14:16 11 without -- but also get the benefit of being a Tier 1

14:16 12 performing district. So that's what we did.

14:16 13 You can see in the next -- you can see the

14:16 14 compactness scores. That kind of goes to my point

14:16 15 before where draft 12 is clearly the most compact

14:16 16 district. There, draft 13 is close, but draft 12 is

14:16 17 the most compact.

14:16 18 So now draft 14 is our kind of -- if you go to

14:16 19 the next slide you can see this is our draft 12 we

14:16 20 modified. We took that district we had started in the

14:16 21 east and drawn -- started in the west, but drawn east.

14:17 22 We changed it a little bit, as little as we possibly

14:17 23 could to see if we would turn this very compact

14:17 24 district into a performing coalition district.

14:17 25 And next couple of slides, this is how the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 208 130

14:17 1 municipality -- we kept all the municipalities whole

14:17 2 except for Orlando. But you can see here, we kept the

14:17 3 compactness very high, not quite as high as draft 12

14:17 4 or 13, but -- actually in the Convex Hull score it is

14:17 5 the most compact. In the Reock score it's very close,

14:17 6 but not quite as compact.

14:17 7 But in doing the functional analysis we

14:17 8 determined that -- if you look at the next slide or

14:17 9 two -- if you go to the next slide, you can see it's

14:17 10 still a Democratic-performing district. And on the

14:17 11 next slide you can see in this the important

14:17 12 combination is in the Democratic turnout, since it's a

14:18 13 Democratic district.

14:18 14 You can see the combination that we have now

14:18 15 drawn is over 50 percent. It's at 51.7. So we

14:18 16 determined that that would be a performing coalition

14:18 17 minority district there.

14:18 18 Q Compact as well?

14:18 19 A And that is very compact. And the district

14:18 20 that we actually drew primarily as a Tier 2 compact

14:18 21 district, entirely within Orange County, and is also a

14:18 22 performing coalition district.

14:18 23 So once we were able to do that, we decided to

14:18 24 move draft 14 forward and kind of block that into

14:18 25 Orange County. And we were able to start drawing the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 209 131

14:18 1 rest of the region.

14:18 2 So here we quickly kind of went back to

14:18 3 Hillsborough County. As before, we kind of moved on;

14:18 4 we kind of took a different stab at kind of cleaning

14:18 5 up the boundary lines of that Congressional

14:18 6 District 12, because the way that it interacted with

14:18 7 Hillsborough County, it grabbed the just under 12,000

14:18 8 people that it needed to get from Pasco County and

14:19 9 Hillsborough County.

14:19 10 Before it had a very like angular -- and went

14:19 11 pretty far into the county. We just didn't like the

14:19 12 way that it looked. So we took another stab at that.

14:19 13 You can see -- on the kind of zoomed-in

14:19 14 version you can see how it looked previously and where

14:19 15 it ended up. We -- no matter what we did, it was

14:19 16 going to be --I think it's just under 12,000 people

14:19 17 that were going to be in District 12 in Hillsborough

14:19 18 County because of the equal population mandate; we

14:19 19 just tried do it in a way that was the least impactful

14:19 20 that we could.

14:19 21 And you can see we also cleaned up some of the

14:19 22 boundary of District 14 as well, tried to make that a

14:19 23 little bit more compact.

14:19 24 We then went back to the Orange County area,

14:19 25 and we decided to try filling out the rest of Orange

ACCURATE STENOTYPE REPORTERS, INC. J.A. 210 132

14:19 1 County and Seminole County. And you can see here --

14:19 2 if you move forward one more -- kind of -- so what we

14:20 3 did here is we added all of Seminole County into a

14:20 4 district, and that's what was --

14:20 5 Q Let me stop you there. This is the district

14:20 6 you had settled on, 10; right?

14:20 7 A On 10; that's correct.

14:20 8 Q So now you're trying to figure out these two?

14:20 9 A The rest of the region.

14:20 10 Q Okay.

14:20 11 A So what we did is we added Seminole County

14:20 12 entirely to a district. That left us with,I believe,

14:20 13 about 190,000 people that we still needed for

14:20 14 District 7. So we took that out of Orange County.

14:20 15 And then we filled that out and equalized that

14:20 16 population out. We had filled out the remainder of

14:20 17 Orange County and then added all of Osceola County.

14:20 18 Now that District 9 is actually 240,000

14:20 19 people. Under the ideal population of a district,

14:20 20 clearly we need to add more people, but the question

14:20 21 is where.

14:20 22 At that point we also decided -- conversation

14:20 23 started between the three of us about where we would

14:20 24 add that population and also, if we could even keep

14:20 25 Seminole County -- that Seminole County line. We may

ACCURATE STENOTYPE REPORTERS, INC. J.A. 211 133

14:20 1 have to go north into Volusia County, and add some

14:21 2 people into that district, depending how the rest of

14:21 3 the region fits together. We kind of started to

14:21 4 realize the trend around the middle of the map --

14:21 5 Q Let me interrupt.

14:21 6 A Yeah.

14:21 7 Q And that straight line, and then the line up

14:21 8 there, that is the Volusia County line; correct?

14:21 9 A Correct. That's is Seminole-Volusia County

14:21 10 line.

14:21 11 Q And is that the river; is that why --

14:21 12 A Yes.

14:21 13 Q -- the river --

14:21 14 A Yeah, the river makes up the northern part of

14:21 15 that boundary, and that's the why it looks the way it

14:21 16 does. This just started us now on a lot of

14:21 17 conversations about how the rest of the Central

14:21 18 Florida area would look. We realized we couldn't make

14:21 19 a lot of those decisions until we figured out how the

14:21 20 districts to the north were going to look, how the

14:21 21 map, just the districts coming down, whether we could

14:21 22 keep that Seminole-Volusia County line whole or

14:21 23 whether or not we couldn't just based on the map of

14:21 24 all the districts and what was going to happen to Lake

14:21 25 County and how much of Polk County we could add to

ACCURATE STENOTYPE REPORTERS, INC. J.A. 212 134

14:21 1 District 9.

14:21 2 So we began -- at this point we moved from the

14:21 3 Central Florida area and moved up to North Florida.

14:22 4 So you can see in this draft, so we started with the

14:22 5 Panhandle.

14:22 6 District 1 is the same as it is in the enacted

14:22 7 map. There's really no other way to draw that

14:22 8 district, because you're starting at the westernmost

14:22 9 point in the Panhandle and drawing over until you add

14:22 10 all the population.

14:22 11 We had previously made the decision to add in

14:22 12 the district -- Congressional District 5 from the Romo

14:22 13 A map, so we put that in there. And then at that

14:22 14 point the remaining area to the south, if you move

14:22 15 forward,I think we have some more zoomed-in slides of

14:22 16 some of these districts -- go back one, I'm sorry.

14:22 17 So Congressional District 2 is just all the

14:22 18 area east of Congressional District 1 and all the area

14:22 19 south of Congressional District 5, consisting of

14:22 20 mostly whole counties, just adding them all together

14:22 21 until we were very close to the ideal population of

14:22 22 the district. But we had a little bit more population

14:22 23 than we needed.

14:22 24 If we can move on to one more slide, kind of

14:22 25 get to that area.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 213 135

14:23 1 So at this point we started thinking about

14:23 2 what District 3 would be. And in the Romo CD-2, as

14:23 3 we -- this is actually very similar to the Romo CD-2

14:23 4 as well; that actually included Union and Bradford

14:23 5 County.

14:23 6 We didn't like the way that it kind of created

14:23 7 a hook on the top of Congressional District 2 and

14:23 8 limited what you could do with District 3. If we

14:23 9 added those two districts along with adding all of

14:23 10 Clay County, all of Putnam County, and all of Alachua

14:23 11 County, and then that northern part of Marion, it

14:23 12 created a district as close to a circle as we could

14:23 13 draw on the map.

14:23 14 And then that pushed District 2 south a little

14:23 15 bit and also into Marion County. We didn't split the

14:23 16 City of Ocala in the middle of Marion County. We

14:23 17 added the road -- cut the county along the roadways

14:23 18 and kept the city whole.

14:23 19 Also with this, another area we had to start

14:23 20 on was District 4, where it has all of Nassau

14:24 21 County -- sorry -- all of --

14:24 22 Q District 4 is the yellow district?

14:24 23 A The yellow district. If I could get you to

14:24 24 move forward two slides.

14:24 25 That's District 2, a zoomed-in District 2.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 214 136

14:24 1 So now this is District 4. So that's all of

14:24 2 Nassau County, the remaining portion of Duval County

14:24 3 that's not in a -- Congressional District 5.

14:24 4 Then we had two choices. We could go into

14:24 5 Clay County or St. Johns County. And this first way,

14:24 6 in order to keep Clay County whole in that very

14:24 7 circular CD-3, and we had to go in and get the

14:24 8 remaining 160,000 people that District 4 needed in

14:24 9 St. Johns County.

14:24 10 We took that district as far into Citrus

14:24 11 County as needed, picking a boundary line that is

14:24 12 mostly major roadways. There is a little bit of a

14:24 13 creek or a river and then out to the municipal lines

14:24 14 of the ocean.

14:24 15 So that is actually a very good boundary line

14:24 16 following mostly roadways within the county. But by

14:25 17 doing that, it enabled us to draw a very compact

14:25 18 District 3 and actually made District 6 more compact

14:25 19 as well.

14:25 20 Q Why did it make District 6 more compact?

14:25 21 A We didn't know that until we saw the scores

14:25 22 after we had drawn. But really what's happening there

14:25 23 is -- especially with the Reock score, where you can

14:25 24 put a circle around the district, and you calculate

14:25 25 the ratio of the area of that circle that is the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 215 137

14:25 1 smallest around the district compared to the area of

14:25 2 the district itself, when you kind of squish the

14:25 3 district down into a smaller area, it makes that

14:25 4 circle smaller, so it makes the ratio go up and

14:25 5 therefore makes the score go up.

14:25 6 You want to get as close to 1 as possible with

14:25 7 that. So that's kind of how that happened. It

14:25 8 actually improved --I believe it improved the Convex

14:25 9 Hull slightly as well. That's District 6.

14:25 10 District 6 is the remaining portion of St.

14:25 11 Johns, all of Flagler County and all of Volusia

14:25 12 County. We were able to keep that county line whole

14:25 13 that we weren't sure about before, and then the

14:25 14 remaining population was in Lake County.

14:26 15 Q And the wedge on the southeast side of this

14:26 16 map, the green wedge, that represents the Volusia

14:26 17 County line on the --

14:26 18 A Yeah. This kind of extension that you see

14:26 19 south there, that is the county line for Volusia and

14:26 20 Brevard County and Seminole.

14:26 21 Q On the west side of that, that's the St. Johns

14:26 22 River?

14:26 23 A Yes.

14:26 24 Q Go ahead.

14:26 25 A So then we moved on to the District 11. You

ACCURATE STENOTYPE REPORTERS, INC. J.A. 216 138

14:26 1 can see there -- so that is the remaining portion of

14:26 2 southern Marion County, all of Citrus, all of

14:26 3 Hernando, all of Sumter, and then the remaining

14:26 4 portion of Lake County to get its remaining

14:26 5 population. Really that was the only county left --

14:26 6 Q Let me -- let me stop you there a minute.

14:26 7 What is this extension here?

14:26 8 A That's the county line, Sumter County.

14:26 9 Q And what is this up here?

14:26 10 A That -- initially when we drew this map, we

14:26 11 were trying to keep the municipality -- there is a lot

14:26 12 of municipalities right there in the central Lake

14:26 13 County. That is our effort of keeping the City of

14:27 14 Minneola,I believe, whole. So that's what created

14:27 15 that kind of -- we lovingly called it the Christmas

14:27 16 tree.

14:27 17 But that's kind of how that was created,

14:27 18 trying to keep a city whole.

14:27 19 Q Okay. Go ahead.

14:27 20 A Okay. So that was -- that was that draft.

14:27 21 And then we decided to draw -- well, as I mentioned

14:27 22 before, there is kind of like two ways that we could

14:27 23 draw District 4. We could fill out Nassau County,

14:27 24 fill out St. Johns County, and then we could either go

14:27 25 into St. Johns County or Clay County.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 217 139

14:27 1 We decided, well, let's try the other way.

14:27 2 It's not one of those other things that was an obvious

14:27 3 choice, so we decided, well, let's try the other way.

14:27 4 So here we tried to draw District 4 going into

14:27 5 Clay County. If you move on to the next slide it kind

14:27 6 of shows that. Instead of going into St. Johns, we

14:27 7 went into Clay.

14:27 8 That kind of distorts District 3 a little bit

14:27 9 and makes that less compact. It did, however, allow

14:28 10 us to only split Lake County once as opposed to -- two

14:28 11 districts rather than three, but we had to split

14:28 12 Volusia County as well. These are some of the

14:28 13 tradeoffs that you have when you're drawing different

14:28 14 ways and different regions and how it affects the rest

14:28 15 of the map. These are the kind of decisions that play

14:28 16 into that.

14:28 17 So I think the next slide is actually a

14:28 18 comparison of the compactness -- that's District 2.

14:28 19 So this is a regional compactness average between

14:28 20 draft 17 and 18, which are the two different ways of

14:28 21 drawing District 4, and how that would impact

14:28 22 District 3.

14:28 23 You can see here that the Reock score for

14:28 24 draft 17 as an average between Districts 3 and 4 in

14:28 25 both maps comes out better. We kind of thought we

ACCURATE STENOTYPE REPORTERS, INC. J.A. 218 140

14:28 1 would be going in that direction, but we weren't sure

14:28 2 how the rest of the region would fill out. Good

14:28 3 comparison to make at that time. And we move forward.

14:29 4 So now we started with draft 19 and 20. In

14:29 5 this we're starting to fill out the rest of the map.

14:29 6 As you saw before, we had just started with kind of

14:29 7 the North Florida districts. This is kind of us

14:29 8 starting to do the remaining districts around Orange

14:29 9 County and Central Florida. If you move forward.

14:29 10 So you can see here, this is our version where

14:29 11 we take District 4 into St. Johns County. And then we

14:29 12 used those same districts you had seen before from the

14:29 13 previous draft, only this time we take the enacted

14:29 14 District 8, which consisted entirely of Indian River

14:29 15 and Brevard County, it gets its remaining about 15,000

14:29 16 people in Orange County. And then we filled out the

14:29 17 remaining districts.

14:29 18 So you can see here -- so we were able to keep

14:29 19 the Seminole-Volusia County line whole. We then moved

14:29 20 down into Orange County that we had done previously

14:29 21 and then kind of had -- we put in District 8. That

14:29 22 created a box-like shape that didn't have any

14:30 23 district. That was added to District 9.

14:30 24 You can see a little bump on the top of Orange

14:30 25 County, as square as we could make it within Orange

ACCURATE STENOTYPE REPORTERS, INC. J.A. 219 141

14:30 1 County, just a population that wasn't in the district.

14:30 2 We added that to all of Osceola County and

14:30 3 into Polk County. And you see that -- grabbed all

14:30 4 that remaining population there --

14:30 5 Q Let me ask you about District 9 a minute. How

14:30 6 does that district score, just generally speaking, in

14:30 7 terms of the compactness measurements?

14:30 8 A We didn't know at this particular moment as we

14:30 9 were drawing the map, but afterwards, when we were

14:30 10 determining the scores, it actually came out --I

14:30 11 think it was the second or third most compact district

14:30 12 on the map, just looking at compactness scores,

14:30 13 because it's not a minority district, so we don't have

14:30 14 to do a functional analysis of it. But if you just

14:30 15 look at the compactness scores it came out extremely

14:30 16 compact.

14:30 17 Q Go ahead. I'm sorry.

14:30 18 A No problem. So then we filled out District 15

14:30 19 to the east, because there was that population, about

14:30 20 77,000 people in south Lake County that did not have a

14:31 21 district. So we added that together. We didn't want

14:31 22 District 9 to kind of wrap around District 10 and go

14:31 23 up.

14:31 24 There are a lot of municipalities in Polk

14:31 25 County there in southern Lake and in eastern

ACCURATE STENOTYPE REPORTERS, INC. J.A. 220 142

14:31 1 Hillsborough; Temple Terrace in eastern Hillsborough,

14:31 2 Lakeland in Polk County, along with some other

14:31 3 municipalities.

14:31 4 We kind of added those all together, which

14:31 5 kind of creates that almost -- almost but not quite

14:31 6 like an almost I-4 corridor district. That is the

14:31 7 blue district that you see there.

14:31 8 That is a complete district. That just left

14:31 9 us with two districts remaining. Move forward,I

14:31 10 think.

14:31 11 These are some zoomed-in versions of these

14:31 12 districts. We can go through these kind of quickly

14:31 13 until we get to District 16 and 17.I think one more.

14:31 14 Okay. This is just a -- this kind of shows

14:32 15 real quick before the last slide, sorry, this is

14:32 16 important, though. As we were drawing those

14:32 17 districts, there is a lot of municipalities within

14:32 18 Polk County. In this particular version, we able to

14:32 19 keep them all whole. That's why the lines look

14:32 20 largely the way they do. We were making an effort to

14:32 21 keep them all whole in this particular draft.

14:32 22 So now this is District 17. So in this draft,

14:32 23 what we -- we used the previously enacted version of

14:32 24 District 16, which is all of Sarasota County and

14:32 25 Manatee County, which in and of itself is a very

ACCURATE STENOTYPE REPORTERS, INC. J.A. 221 143

14:32 1 compact district entirely in the county and only goes

14:32 2 into one other county to get its remaining population.

14:32 3 By doing that you can see how District 17 has

14:32 4 changed. It before went into Hillsborough County, but

14:32 5 now it has to go all the way out into the bay and wrap

14:32 6 around 16, making that district much less compact than

14:32 7 it previously was.

14:32 8 So in the next draft we decided to take a new

14:32 9 stab at drawing Districts 16 and 17. If you move to

14:33 10 the next slide you can see our version of that, where

14:33 11 all we did to District 16 is push it to the north.

14:33 12 It grabbed all the remaining population in

14:33 13 southern Hillsborough, added all of Manatee County,

14:33 14 split Sarasota County, but we gained a county split

14:33 15 with Manatee. It was a one-for-one county split that

14:33 16 made both districts more compact than they would

14:33 17 otherwise.

14:33 18 I think the next slide, or one of the next

14:33 19 slides is -- yeah, a comparison chart, those districts

14:33 20 individually and also a two district average. You can

14:33 21 see draft 20 is considerably more compact. So that's

14:33 22 the version that we pushed forward in our base map.

14:33 23 So now we start to kind of go back to the --

14:33 24 one of our previous drafts where we had started with

14:33 25 draft 18, which was the draft that took District 4

ACCURATE STENOTYPE REPORTERS, INC. J.A. 222 144

14:33 1 into Clay County and started filling out the rest of

14:34 2 the region to see how that kind of fits together. So

14:34 3 you can kind of see that.

14:34 4 So you can see District 6 is kind of long,

14:34 5 along the coast there. And there's a zoomed-in

14:34 6 version of that. So Volusia County is split. And

14:34 7 there is kind of a long District 6 along the coast

14:34 8 which has all of St. Johns County, all of Flagler, and

14:34 9 most of Volusia. And we added that to what we had

14:34 10 previously drawn with District 3 and District 11.

14:34 11 And so now we did a regional compactness

14:34 12 average of District 3, 4, 6, and 11. So now both

14:34 13 drafts had all four of the districts. So you can see

14:34 14 draft 17, which is the draft where we take District 4

14:34 15 into St. Johns County. It's clearly starting to come

14:34 16 out ahead.

14:34 17 Since we don't have to do functional analysis

14:34 18 of any of these scores, compactness scores and visual

14:34 19 compactness are the only driver there. At this point

14:34 20 we are already leaning toward moving the version of

14:35 21 District 4 forward, where we go into St. Johns and the

14:35 22 rest of the region as that looks.

14:35 23 But now as we move forward, once we kind of

14:35 24 made that decision, in draft 22 -- in draft 22, this

14:35 25 is just a further -- in order to give us a better idea

ACCURATE STENOTYPE REPORTERS, INC. J.A. 223 145

14:35 1 of how the rest of the map would play out, we felt it

14:35 2 necessary to -- even though we felt we were going to

14:35 3 move in the other direction, we wanted to complete

14:35 4 this draft with the Clay County version of District 4

14:35 5 just to see how the rest of the -- the rest of Central

14:35 6 Florida would fill out to see if, you know, what the

14:35 7 rest of the map would look like.

14:35 8 There are actually some interesting things.

14:35 9 You can see here,I think in one of the next slides,

14:35 10 you can see District 15, which in the draft -- the

14:35 11 other draft actually went to three counties. It went

14:35 12 all the way up into Lake County, whereas this one is

14:35 13 just in Hillsborough and Polk County.

14:35 14 And now there's a concept, that was an idea

14:35 15 that we thought worth exploring. You can also see

14:35 16 here District 8 going into Volusia County rather than

14:36 17 Orange County, which is just another way of possibly

14:36 18 drawing that district that we decided to explore in

14:36 19 this particular draft.

14:36 20 So now you can see as we move forward with the

14:36 21 development. Some of the districts that we have

14:36 22 clearly made decisions on because of the regional

14:36 23 compactness and other things we have locked in 1 and

14:36 24 2, 4 and 5, 10, which is the Orange County district;

14:36 25 12, 13, and 14, which were Tampa Bay districts; and

ACCURATE STENOTYPE REPORTERS, INC. J.A. 224 146

14:36 1 the new versions of 16 and 17, which are more compact.

14:36 2 And we start to do a rotation around District 10.

14:36 3 District 10 is locked in, but the areas around

14:36 4 it, District 11, 6, some of the northern part of 17

14:36 5 really, but 9, 15, that can be moved around. That's

14:36 6 just kind of rotating the population around that

14:36 7 District 10. These are different -- several

14:36 8 variations of that.

14:36 9 So you can see here in draft 23 we liked

14:36 10 keeping -- the idea of keeping District 15 entirely

14:37 11 within just Polk and Hillsborough. We decided to do

14:37 12 that in a draft, where we also go into St. Johns

14:37 13 County with District 4 rather than Clay County like we

14:37 14 had done before. So this is our way of doing that.

14:37 15 So really what this is doing now, all of this

14:37 16 is just different versions of moving 77,000 people

14:37 17 around in different districts around District 10,

14:37 18 either clockwise or counterclockwise. That's really

14:37 19 all this is. At this point we have a pretty good idea

14:37 20 of what most of the map is going to look like, and

14:37 21 we're just doing refinement, really, moving the 77,000

14:37 22 people around.

14:37 23 So you can see here, this is what that area

14:37 24 kind of looks like. What this does is it actually

14:37 25 puts four districts into Marion County rather than

ACCURATE STENOTYPE REPORTERS, INC. J.A. 225 147

14:37 1 three. That's really the biggest change of kind of

14:37 2 that population rotation. It also split Volusia

14:37 3 County in that District 7.

14:37 4 Now had the -- in keeping with that population

14:37 5 rotation, we had to go up into Volusia County 77,000

14:37 6 people as it kind of went around that district.

14:38 7 So that was another drawback, but something

14:38 8 that we were wanting to explore to see how the rest of

14:38 9 the map would play out. Let's move forward.

14:38 10 This is kind of a zoomed-in version -- we can

14:38 11 go forward.A lot of these next drafts we can move

14:38 12 forward quickly.

14:38 13 This is another version where you can see we

14:38 14 kind of go back to how it was before. We only have

14:38 15 three districts in Marion County, three districts back

14:38 16 in Lake County. Move forward to the next one.

14:38 17 I think this was a way of before you can

14:38 18 remember the -- what I referred affectionately to as

14:38 19 the Christmas tree on top of District 15 in Lake

14:38 20 County, we --I decided to make the decision to split

14:38 21 that city -- actually ended up being split at

14:38 22 Groveland, which is another city in Lake County, in

14:38 23 order to make that a more visually appealing line so

14:38 24 we didn't have a big bump on the district.

14:38 25 You can see here that's how we did that. We

ACCURATE STENOTYPE REPORTERS, INC. J.A. 226 148

14:38 1 kept Minneola, split Groveland. That's just some of

14:38 2 the tradeoffs as we were drawing trying to find

14:39 3 different ways of drawing. We were unsure how that

14:39 4 would affect the compactness scores. We wanted to see

14:39 5 that, because that was something that we just visually

14:39 6 didn't think was very appealing.

14:39 7 So now in draft 25, this is similar to the

14:39 8 draft that we just did, but instead of putting

14:39 9 District 8 in Orange County, we took that version of

14:39 10 District 8 that goes up into Volusia County, which is

14:39 11 a population rotation of just 15,000 people, so that

14:39 12 changed the district slightly.

14:39 13 We didn't know if that extra 15,000 people

14:39 14 would allow us to keep another city whole or do

14:39 15 something else with the map.

14:39 16 That's what that draft is.

14:39 17 We can move forward.

14:39 18 Kind of the zoomed-in version of the cities.

14:39 19 Lake County.

14:39 20 Now draft 26 is just another way of trying to

14:40 21 combine that idea of having District 15 only in two

14:40 22 counties, just kind of a different way of splitting

14:40 23 Marion County there. We didn't really like -- that

14:40 24 was very awkward, so we tried to do that differently.

14:40 25 Otherwise the map was the same as that previous draft

ACCURATE STENOTYPE REPORTERS, INC. J.A. 227 149

14:40 1 where you see four districts into Marion County.

14:40 2 Now District 27 is a slightly different

14:40 3 version of Congressional District 6. We actually

14:40 4 ended up splitting Putnam County. You can move to the

14:40 5 next slide.

14:40 6 We were just trying to see what different

14:40 7 decisions would make in the map if we had split Putnam

14:40 8 County along the St. Johns River what that would do to

14:40 9 District 6 and how it would affect the rest of the

14:40 10 map. This was our attempt at that.

14:40 11 And you can see it didn't affect anything down

14:40 12 in this region.

14:41 13 So now you can see we did a compactness

14:41 14 comparison on a lot of the drafts we had just been

14:41 15 drawing. You can see that the compactness is all

14:41 16 very, very similar between all of these drafts in the

14:41 17 aggregate. This is the 17 district compactness

14:41 18 average. And it's all very, very similar.

14:41 19 The one real difference -- and the city

14:41 20 splits, you can see that District 20 -- draft 25 only

14:41 21 had 6, 9, 7, and some of the other ones. It's similar

14:41 22 enough, but the big difference is we were actually

14:41 23 able to keep a county whole in draft 24.

14:41 24 Ultimately we selected draft 24 to move on

14:41 25 because we were able to keep the extra county, which

ACCURATE STENOTYPE REPORTERS, INC. J.A. 228 150

14:41 1 is Volusia County, whole because the other compactness

14:41 2 scores were about the same. If the compactness score

14:41 3 were different, it might have been a different

14:41 4 decision. But all things being equal, and everything

14:41 5 else, we chose the map -- or the part of the map to

14:41 6 move forward that split only one county.

14:42 7 So now we -- as I mentioned before, we split

14:42 8 Groveland. There was Auburndale sitting in Polk,

14:42 9 which we previously kept whole. We decided to try

14:42 10 to -- what it would look like if we kept it whole in

14:42 11 draft 24 or split it, kind of see what the difference

14:42 12 of splitting it up one extra city or keeping it whole

14:42 13 would look like with the district lines. So very

14:42 14 small changes at this point.

14:42 15 Auburndale is in Polk County. You can see the

14:42 16 main difference there in Polk County. You can see the

14:42 17 jagged line that kind of goes around just the orange

14:42 18 district and the blue district. That's the change

14:42 19 that we made in this map.

14:42 20 Q Let me stop you there, see if I understand.

14:42 21 You're saying these jagged lines --

14:42 22 A Yes.

14:42 23 Q -- were to keep Auburndale whole?

14:43 24 A Yes. And now you can see in the next draft

14:43 25 where we split Auburndale -- move forward one more.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 229 151

14:43 1 You can -- one more, one more slide. You can see the

14:43 2 lines were much cleaner, and that's as a result of us

14:43 3 splitting Auburndale. So those are some of the

14:43 4 tradeoffs that you can make while drawing the map.

14:43 5 So now draft 30 we had kind of locked in what

14:43 6 we had done in North Florida. So now in draft 30 we

14:43 7 just kind of -- we took our ten districts in the south

14:43 8 and just did some refinement, meaning we literally

14:43 9 walked each and every district line, making sure there

14:43 10 wasn't an accidental lock over a road or accidentally

14:43 11 split a city, just anything we can do to refine the

14:43 12 districts as much as we can to make sure that we

14:43 13 didn't have a mistake somewhere or something like

14:43 14 that.

14:43 15 That's what draft 30 is. Draft 31 is we did

14:43 16 the same thing to the version of the map to the north

14:43 17 that -- with all the 17 districts to the north. We

14:44 18 walked every boundary line, making sure we didn't make

14:44 19 any errors, cleaning up any lines where we thought

14:44 20 possible, very, very minor changes in the less than

14:44 21 100 people, sometimes, just one person, sometimes it

14:44 22 was no people, just connecting empty blocks that were

14:44 23 over a road, things like that, just to clean up the

14:44 24 boundary lines.

14:44 25 Once we did that, we combined them into kind

ACCURATE STENOTYPE REPORTERS, INC. J.A. 230 152

14:44 1 of the last draft that we did. We ran our final

14:44 2 report. We actually found one straight block we had

14:44 3 left unassigned, found that, and then we locked that

14:44 4 in. And that is the draft that became the base map,

14:44 5 plan 9065, that we released to the public.

14:44 6 Q Mr. Poreda, let me ask you, when the -- when

14:44 7 did you begin the map-drawing process?

14:44 8 A We began on Thursday after -- Thursday

14:44 9 afternoon,I believe it was July 23rd.

14:44 10 Q And when did you finish?

14:45 11 A We released the base map on August 5th, in the

14:45 12 afternoon.

14:45 13 Q And did you work both weekdays and weekend

14:45 14 days at times?

14:45 15 A Yes, sir.

14:45 16 Q And when you published this map -- or when the

14:45 17 House and Senate published this map, did you have

14:45 18 occasion to brief anyone about the base map and the

14:45 19 various decisions you made?

14:45 20 A Yes. Once we released them to the public,

14:45 21 that -- we gave a briefing to Chairman Oliva, who then

14:45 22 also offered a briefing to Leader Pafford, who was the

14:45 23 leader in the minority office. He accepted, and he

14:45 24 brought Representative Jenne with him, along with some

14:45 25 of the minority office staff, and gave him a briefing

ACCURATE STENOTYPE REPORTERS, INC. J.A. 231 153

14:45 1 as well --

14:45 2 Q And then --

14:45 3 A I'm sorry. I'm sorry.

14:45 4 Q Go ahead.

14:45 5 A Any other member that had any questions about

14:45 6 the map in any way, we -- we were more than willing to

14:45 7 answer any of them for them as well.

14:46 8 Q Okay. And did Chair Oliva suggest any changes

14:46 9 or indicate any concerns about any part of the map?

14:46 10 A No. That's not really what the briefing was

14:46 11 designed for. It wasn't really to get his feedback on

14:46 12 how we could change it. It was really for us to let

14:46 13 him know, hey, this is the base map. This is what we

14:46 14 drew. This is our starting point, and how we did a

14:46 15 very similar thing with him and Pafford that I just

14:46 16 did here for the Court.

14:46 17 Q And in the first committee meeting, which was

14:46 18 the joint House and Senate committee meeting, did you

14:46 19 go through the map and the process very much like you

14:46 20 have today?

14:46 21 A Yes. But myself, Jeff Takacs and Jay Ferrin,

14:46 22 we all went through a very similar presentation that

14:46 23 we just did, but in slightly even more detail than I

14:46 24 just did, if you can believe that. And all three of

14:46 25 us kind of took turns talking about different regions,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 232 154

14:46 1 and we answered questions.

14:46 2 Q Okay. And did there come a time when -- was

14:46 3 there a committee meeting, a House committee meeting

14:47 4 after the Senate and House joint?

14:47 5 A Yes, there was.

14:47 6 Q And what happened there?

14:47 7 A At that House meeting, Chairman Oliva had

14:47 8 offered the base map as a bill. So we considered that

14:47 9 bill, which was the base map. We also considered,I

14:47 10 believe, two amendments that were offered to the base

14:47 11 map.

14:47 12 Q And what -- do you recall what those

14:47 13 amendments were?

14:47 14 A One of them was from Representative Kerner

14:47 15 that would have changed Districts 21 and 22 back to a

14:47 16 more similar configuration that they were in the

14:47 17 previously enacted map. And there was another

14:47 18 amendment from Representative Hill that would have

14:47 19 reverted the entire map back to the 2012 map.

14:47 20 Q And did there come a time when this base map

14:47 21 was amended by the House?

14:47 22 A There was, yes.

14:47 23 Q Explain that, if you would, please.

14:47 24 A Later after we had -- we had actually -- when

14:47 25 I say "we,"I mean the House had passed the map on the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 233 155

14:48 1 floor. And we had -- at that point we had sent the

14:48 2 map to the Senate. The Senate had returned a

14:48 3 different map that they had amended in committee.

14:48 4 At that point Chairman Oliva asked myself and

14:48 5 Jeff Takacs to try our hand at drawing an amendment to

14:48 6 the base map that would keep some additional cities

14:48 7 whole than we had with the base map.

14:48 8 Q And did you do that?

14:48 9 A Yes, we did.

14:48 10 Q And what cities did you keep whole that had

14:48 11 not been whole before?

14:48 12 A There was four cities where; it was -- the

14:48 13 cities I had mentioned before and two additional ones

14:48 14 Groveland in Lake County -- are in Lake County.

14:48 15 THE COURT: I'm sorry. Groveland and what?

14:48 16 A Groveland in Lake County, Auburndale in Polk

14:48 17 County, Riviera Beach in Palm Beach County, and the

14:48 18 city of Sunrise in Broward County.

14:48 19 BY MR. MEROS:

14:48 20 Q Did the creation or the preservation of

14:48 21 Sunrise and Riviera Beach cause any significant

14:48 22 reduction in compactness in any districts where they

14:49 23 resided?

14:49 24 A No. The compactness scores were very, very

14:49 25 similar,I think in all of the districts that were

ACCURATE STENOTYPE REPORTERS, INC. J.A. 234 156

14:49 1 affected, which would have been Districts 11, 15, 9,

14:49 2 17, 21, 22, 20. There were very, very minor

14:49 3 changes -- maybe a couple thousand people to --I

14:49 4 think the biggest change was Sunrise, which was closer

14:49 5 to 20,000 people.

14:49 6 MR. MEROS: Your Honor, if I may have a

14:49 7 minute?

14:49 8 BY MR. MEROS:

14:49 9 Q Mr. Poreda,I think we have a comparison chart

14:49 10 of the base map with prior maps. I'm going to ask --

14:49 11 yes. Have you seen that before?

14:49 12 A Yes. That was in our presentation that we did

14:50 13 to the joint committee.

14:50 14 Q Okay. Tell us what this shows.

14:50 15 A This is just a complete comparison of the

14:50 16 compactness scores from the base plan that we drew,

14:50 17 which is the plan 9065 in the top, to the two

14:50 18 previously enacted maps that were passed in 2012 and

14:50 19 2014. Those are represented by 9047 and 9057, and

14:50 20 then also the Romo A map mentioned specifically by the

14:50 21 Supreme Court, and the League of Women Voters map that

14:50 22 was offered in 2014 as a remedial map when we were

14:50 23 going through that redrawing process.

14:50 24 MR. MEROS: All right. Excuse me one minute.

14:51 25 Judge, may I -- I'm sorry. Your Honor, may I

ACCURATE STENOTYPE REPORTERS, INC. J.A. 235 157

14:51 1 ask, do you have a chart H110 and one that says

14:51 2 CP-1?

14:51 3 May I approach the witness?

14:52 4 BY MR. MEROS:

14:52 5 Q Now, are you familiar with H110C9071?

14:52 6 A Yes.

14:52 7 Q What is that?

14:52 8 A And that is the amended base map, the one

14:52 9 myself and Jeff Takacs had drawn.

14:52 10 Q You're aware that CP-1 is the League of Women

14:52 11 Voters and Common Cause map?

14:52 12 A Yes, the coalition, one of the maps they

14:52 13 submitted, yes.

14:52 14 Q And do you see in District 20 in CP-1 that

14:52 15 there is an appendage going eastward on the north side

14:52 16 of that district and in the central part of the

14:52 17 district, and there is now an appendage going through

14:52 18 Miramar toward the beach; do you see that?

14:52 19 A Yes.

14:52 20 Q Did you ever consider in this map-drawing

14:52 21 process drawing -- redrawing District 20 to have a --

14:52 22 an appendage on the south side of the district?

14:52 23 A We haven't quite got this far. But, yes, when

14:53 24 we were trying to keep Hendry County whole, one of the

14:53 25 first ways -- once we added Hendry County entirely to

ACCURATE STENOTYPE REPORTERS, INC. J.A. 236 158

14:53 1 District 25, we needed to add population to District

14:53 2 20. And we did explore going south further in Broward

14:53 3 County and kind of over in a very similar fashion that

14:53 4 is seen here to add that population.

14:53 5 But we very early on, even before we even

14:53 6 really got very far, we rejected that idea --

14:53 7 Q Why?

14:53 8 A Because it -- we're going further south, and

14:53 9 we're adding what would be a third appendage to the

14:53 10 district. We're adding a very visually uncompact

14:53 11 finger or appendage to a district. That was just

14:53 12 something that we didn't like visually and we thought

14:53 13 would raise too many questions on why we did that.

14:53 14 Q Tell me what you mean by raise questions as to

14:53 15 why --

14:53 16 A We had -- in previous versions of the map we

14:53 17 had been criticized for adding appendages and things

14:53 18 of that nature. And we just felt that doing that was

14:54 19 just not the right decision when the district already

14:54 20 has two appendages that are already pretty visually

14:54 21 unappealing.

14:54 22 To add a whole another one would just be

14:54 23 something that -- it was a decision that we just

14:54 24 didn't feel was the right decision to make on the map.

14:54 25 MR. MEROS: Your Honor, you're either really

ACCURATE STENOTYPE REPORTERS, INC. J.A. 237 159

14:54 1 mad at me or perplexed by something.

14:54 2 THE COURT: Perplexed. He's talking about

14:54 3 appendages, and I'm trying to figure out what

14:54 4 appendage. It's not up there. Do you want to

14:54 5 point me --

14:54 6 THE WITNESS: Yes. Sorry.

14:54 7 THE COURT: What's the appendage -- okay.I

14:54 8 gotcha.

14:54 9 THE WITNESS: So we didn't quite draw the full

14:54 10 appendages that you see there in that southern

14:54 11 part, but that would be a third finger or a third

14:54 12 appendage that would be added to this particular

14:54 13 district. And that was something that we initially

14:54 14 started to explore when we had to add more

14:54 15 population to District 20.

14:54 16 But it was something that we -- we just kind

14:54 17 of -- we decided that that wouldn't be a good idea

14:54 18 for all of those reasons. And we were having

14:55 19 difficulty keeping the district above 50 percent.

14:55 20 Really, adding that third appendage was something

14:55 21 we didn't feel like was a good idea.

14:55 22 We felt like it would be hard to defend that,

14:55 23 adding a third appendage to the district.

14:55 24 MR. MEROS: No further questions. Thank you

14:55 25 very much.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 238 160

14:55 1 THE COURT: Why don't we take a break here.

14:55 2 But I thought maybe I would give all the defendants

14:55 3 on this side -- Ms. Riggs maybe doesn't have too

14:55 4 many questions.

14:55 5 Do you have any questions?

14:55 6 MR. ZAKIA: We'll talk about that during the

14:55 7 break, Your Honor.

14:55 8 THE COURT:I was going to let the defendants

14:55 9 go and then you all go. Let's take a break about

14:55 10 ten minutes, and then we will come back.

14:58 11 (In recess from 2:48 p.m. to 3:20 p.m.)

15:20 12 THE BAILIFF: All rise. Come to order. Court

15:20 13 is back in session.

15:20 14 THE COURT:I guess you have some questions

15:20 15 over there.

15:20 16 MR. ZAKIA: Your Honor, Jason Zakia for the

15:20 17 Senate, very briefly.

15:20 18 CROSS EXAMINATION

15:20 19 BY MR. ZAKIA:

15:20 20 Q Just a couple of questions about the metrics

15:20 21 that you discussed on your direct examination.I want

15:20 22 to make sure we're on the same page. I'm correct that

15:20 23 one of the things you tried to do in drawing the map

15:20 24 is to follow recognized political and geographic

15:20 25 boundaries?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 239 161

15:20 1 A Yes.

15:20 2 Q And am I correct that probably the best

15:20 3 political boundary you could pick would be a county

15:20 4 line?

15:20 5 A Yes.

15:20 6 Q And also an excellent boundary would be a city

15:20 7 line?

15:20 8 A Yes.

15:20 9 Q Those would be two examples of well-recognized

15:21 10 political boundaries that you use whenever possible?

15:21 11 A We can, yes.

15:21 12 Q Am I also correct, sir, that one of your goals

15:21 13 in drawing the map is to try and keep as many of

15:21 14 Florida's counties whole as possible?

15:21 15 A When we can, yes.

15:21 16 Q And I think you just testified on direct that

15:21 17 when you reached the decision point,I think it was

15:21 18 between drafts 25 and 26, one of the things that

15:21 19 caused you to go in a certain direction is you had the

15:21 20 ability to keep an extra county whole; right?

15:21 21 A When the two drafts were so similar to each

15:21 22 other, that was the deciding factor.

15:21 23 Q In your words, it's a big deal?

15:21 24 A Yes.

15:21 25 Q In fact, the base map was able to keep 49 of

ACCURATE STENOTYPE REPORTERS, INC. J.A. 240 162

15:21 1 Florida's counties whole; right?

15:21 2 AI believe that's accurate.

15:21 3 Q That was an improvement over the prior-enacted

15:21 4 plan?

15:21 5 A Yes.

15:21 6 Q And that's a good thing?

15:21 7 A Yes.

15:21 8 Q And you would agree with me, sir, that if,

15:21 9 using the same methodology, so consistent with your

15:21 10 methodology, and not having any negative impact on

15:21 11 compactness and not running afoul of any Tier 1

15:22 12 consideration, if with all those things being true you

15:22 13 could keep 50 counties whole, that would be even

15:22 14 better; right?

15:22 15 A Not necessarily.

15:22 16 Q It's not better if you can keep an extra

15:22 17 county and all other things being equal?

15:22 18 A Depending what the draft is. There could be

15:22 19 other factors that could come into play. You have to

15:22 20 look at the totality of the circumstances. When I was

15:22 21 comparing the two drafts before, as we did in the base

15:22 22 map drawing room, those two drafts were so remarkably

15:22 23 similar to each other that a deciding factor was a

15:22 24 county.

15:22 25 If you have something that is completely

ACCURATE STENOTYPE REPORTERS, INC. J.A. 241 163

15:22 1 different, but you keep an extra county whole, that's

15:22 2 not necessarily a deciding factor because you have to

15:22 3 look at the totality of circumstances behind each

15:22 4 draft.

15:22 5 Q And the totality of the circumstances that you

15:22 6 would look at when trying to comply with the Supreme

15:22 7 Court's order in trying to -- the instructions you

15:22 8 were given by the presiding officer in this, the Tier

15:22 9 1 considerations?

15:22 10 A Yes.

15:22 11 Q And you wanted to make sure that it complied

15:22 12 with all the Tier 1 considerations?

15:22 13 A Yes.

15:22 14 Q That's continuous districts, no retrogression,

15:22 15 no improper intent?

15:23 16 A Yes.

15:23 17 Q And you want to look at --

15:23 18 A Excuse me. Sorry. And no favoritism for

15:23 19 political parties as well.

15:23 20 Q I'm sorry. When I said "improper intent,"I

15:23 21 meant without the intent to favor or disfavor any

15:23 22 political party or intent to favor or disfavor any

15:23 23 incumbent.

15:23 24 A Right.

15:23 25 Q Okay. So those are considerations you would

ACCURATE STENOTYPE REPORTERS, INC. J.A. 242 164

15:23 1 look at. And then you would also look at whether you

15:23 2 were following geographic boundaries or political

15:23 3 boundaries; right?

15:23 4 AA consideration, yes.

15:23 5 Q And compactness?

15:23 6 A Yes.

15:23 7 Q Those are the constitutional requirements that

15:23 8 set out and that guided your work on this process?

15:23 9 A Yes.

15:23 10 Q Those are all of the constitutional

15:23 11 requirements that are set out; right? Did I miss any?

15:23 12 AI don't believe that you did.

15:23 13 Q So my question is, consistent-- so assuming

15:23 14 that none of those factors are impacted at all -- and

15:23 15 this is a hypothetical. I'm not asking you about any

15:23 16 particular map or to agree to any set of facts.

15:23 17 Hypothetical.

15:23 18 If all other things were equal, if they were

15:23 19 identical or remarkably similar, as you just said, it

15:23 20 would, all other things being equal, be a good thing

15:23 21 to keep one extra county whole; right?

15:24 22 A Yes.

15:24 23 MR. ZAKIA: Thank you. No further questions,

15:24 24 Your Honor.

15:24 25 THE COURT: Ms. Riggs, you didn't have

ACCURATE STENOTYPE REPORTERS, INC. J.A. 243 165

15:24 1 questions; did you?

15:24 2 MS. RIGGS: Nothing, Your Honor.

15:24 3 THE COURT: Okay.

15:24 4 CROSS EXAMINATION

15:24 5 BY MR. ZEHNDER:

15:24 6 Q Good afternoon, Mr. Poreda.

15:24 7 A Good afternoon.

15:24 8 Q I would like to talk to you about how you and

15:24 9 your colleagues came up with the configuration of CDs

15:24 10 26 and 27 that are in the House and the Senate draft

15:24 11 maps.

15:24 12 And first of all, the exact configuration is

15:24 13 the same in the two Senate maps, 9062, 9066, and the

15:24 14 House map, 9071; correct?

15:24 15 AI believe so, yes.

15:24 16 Q So just to sort of set the stage, the reason

15:24 17 you were redrawing CDs 26 and 27 is because the

15:25 18 Florida Supreme Court, in apportionment 7, had ruled

15:25 19 that the Legislature had drawn those districts by

15:25 20 splitting Homestead in particular in a way that

15:25 21 improved Republican performance in CD-26; correct?

15:25 22 AI believe so, yes.

15:25 23 Q The Court concluded that by splitting

15:25 24 Homestead and moving the Homestead population, or at

15:25 25 least a portion of it into 27, that improved

ACCURATE STENOTYPE REPORTERS, INC. J.A. 244 166

15:25 1 Republican performance in 26; correct?

15:25 2 AI believe so, yes.

15:25 3 Q The Court even said that had the political

15:25 4 impact of taking one Republican-performing district

15:25 5 and one Democrat-performing district and turning them

15:25 6 into two Republican-leaning districts; right?

15:25 7 AI believe that's what the Court said, yes.

15:25 8 Q So the tool by which the Legislature used to

15:25 9 reach that result was to split Homestead, put the

15:25 10 Democratic population of Homestead in 27, thereby

15:25 11 increasing the Republican performance in 26; correct?

15:26 12 AI think that's what the Court said, yes.

15:26 13 Q Now, when you considered how to fix this

15:26 14 problem, you -- you guys got together and decided,

15:26 15 well, there are two ways to do it. We keep Homestead

15:26 16 whole in CD-26, or we keep Homestead whole in CD-27;

15:26 17 right?

15:26 18 A Yes.

15:26 19 Q And is it correct, sir, based on what you've

15:26 20 told us today, that your group only drew one version

15:26 21 of each of those configurations?

15:26 22 A Yes.

15:26 23 Q And ultimately you decided to go with the

15:26 24 option that put Homestead in CD-26; right?

15:26 25 A That is correct.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 245 167

15:26 1 Q That was draft 1?

15:26 2 A Yes.

15:26 3 Q Now, Mr. Poreda, do you agree with me that

15:26 4 there are many ways you could have drawn 26 and 27

15:26 5 while keeping Homestead whole in 26?

15:26 6 AI will agree that there are probably other

15:26 7 ways we could have done it, yes.

15:26 8 Q Right. The coalition plaintiffs, for example,

15:26 9 have shown three different ways to do it in CP-1,

15:27 10 CP-2, and CP-3; right?

15:27 11 A Yes.

15:27 12 Q And the Romo plaintiffs in their maps have a

15:27 13 fourth way to do it?

15:27 14 A Yes.

15:27 15 Q And you recall during a special session

15:27 16 Senator Bullard offered an amendment that was a fifth

15:27 17 way to keep Homestead whole in CD-26; right?

15:27 18 AI didn't see that amendment in the House

15:27 19 chamber, so I'm not very familiar with it.

15:27 20 Q So that's five different ways it could have

15:27 21 been drawn; correct?

15:27 22 A Yes.

15:27 23 Q Assuming Senator Bullard drew it that way?

15:27 24 A Yes.

15:27 25 Q But you chose only to do it one way?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 246 168

15:27 1 A Yes.

15:27 2 Q Well, you knew that in this remedial

15:27 3 proceeding, after apportionment 7, that the

15:27 4 Legislature would have the burden to explain and

15:27 5 justify, the Court said, why it drew the configuration

15:27 6 26 and 27 the way it did; right?

15:27 7 A Yes.

15:27 8 Q It would have the burden of proof to say, this

15:27 9 is why it was appropriate to pick this configuration

15:27 10 over another configuration; correct?

15:27 11 A Yes.

15:28 12 Q So what steps did you and Mr. Ferrin and

15:28 13 Mr. Takacs and the lawyers that were in the room from

15:28 14 time to time, what steps did y'all take to ensure that

15:28 15 you had drawn the very best version of 26 and 27,

15:28 16 keeping Homestead whole in 26?

15:28 17 A Let me be clear. Our job was not to draw the

15:28 18 best way; it was to draw a compliant way.I recognize

15:28 19 there could be other ways to have drawn that district.

15:28 20 But it doesn't impugn the way that we decided to do

15:28 21 it.

15:28 22 We ensured that the way that we drew it was a

15:28 23 compliant way, because we did not look at any racial

15:28 24 or political data when we picked the area to -- while

15:28 25 we kept Homestead whole in District 26 and had to add

ACCURATE STENOTYPE REPORTERS, INC. J.A. 247 169

15:28 1 population to District 27, we were compliant, in my

15:28 2 opinion, because we did not look at any of the

15:28 3 political data or racial data for where we decided to

15:28 4 add population to District 27.

15:28 5 Q But if you didn't try other ways to draw it,

15:29 6 how did you assure yourself that the way you had drawn

15:29 7 it was the most appropriate, most faithful in

15:29 8 compliance with the constitutional criteria and most

15:29 9 faithful and compliant with apportionment 7?

15:29 10 A We followed the most major roadway in the

15:29 11 area, the Florida Turnpike, and we determined that the

15:29 12 district that we drew was a performing minority

15:29 13 district. So at that point we determined that the

15:29 14 district -- both of the districts were still able to

15:29 15 perform for the minority candidates of choice, and we

15:29 16 had drawn them in a way where we did not consider

15:29 17 political result of either district.

15:29 18 So, therefore, we drew a compliant version of

15:29 19 both of those districts. That was our charge. Our

15:29 20 charge wasn't to draw the best way. Our job was to

15:29 21 draw a compliant two districts and comply with the

15:29 22 Supreme Court order. And we felt that we did that.

15:29 23 Q And that's your understanding, even after

15:29 24 apportionment 7 when the Court says the burden is on

15:30 25 the Legislature to explain why it picked one

ACCURATE STENOTYPE REPORTERS, INC. J.A. 248 170

15:30 1 configuration over another?

15:30 2 A Yes.

15:30 3 MR. MEROS: Objection, Your Honor, he's now

15:30 4 arguing about what the Florida Supreme Court said.

15:30 5 MR. ZEHNDER: Just making sure I understand.

15:30 6 THE COURT: He testified that that was his

15:30 7 guide in doing the maps. So it's a topic you've

15:30 8 already asked him a couple of times.

15:30 9 BY MR. ZEHNDER:

15:30 10 Q Let's look at what you did draw.

15:30 11 MR. ZEHNDER: Ms. Price, can you pull up

15:30 12 CP-34?

15:30 13 BY MR. ZEHNDER:

15:30 14 Q Now is it correct, sir, that this is the

15:30 15 configuration of CD-26 and 27 --

15:30 16 MR. ZEHNDER: Yeah, great. If you can zoom

15:30 17 that in.

15:30 18 BY MR. ZEHNDER:

15:30 19 Q -- that you ultimately went with?

15:30 20 A Yes.

15:30 21 Q And this is the one that keeps Homestead whole

15:30 22 here in 26; right?

15:30 23 A Yes.

15:30 24 Q Okay. And you can see there from the district

15:30 25 line between the two districts that what you've done

ACCURATE STENOTYPE REPORTERS, INC. J.A. 249 171

15:30 1 is gone up along U.S. 1 here north of Homestead;

15:30 2 right?

15:30 3 A Yes.

15:30 4 Q And here is where you turn onto the Turnpike

15:31 5 north --

15:31 6 A Yes.

15:31 7 Q -- instead of continuing on U.S. 1; correct?

15:31 8 A Yes.

15:31 9 Q And then after the Turnpike, you cut east over

15:31 10 here?

15:31 11 A Yes.

15:31 12 Q This is not a road or a major road; right?

15:31 13 A In every Congressional district there has to

15:31 14 be an area where you will go through a neighborhood.

15:31 15 There are roads that we are following there; they just

15:31 16 happen to be through neighborhoods.

15:31 17 Q Right. It wouldn't be one of the major roads

15:31 18 that you were trying to follow when you were doing

15:31 19 this district?

15:31 20 A No. But that's, again, in every district

15:31 21 there will be an area where you have to do that,

15:31 22 because we have to achieve people population.

15:31 23 Q And then you head north a little bit, cut east

15:31 24 again, and then you get on that State Road 973; right?

15:31 25 A That vertical road you bypassed and the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 250 172

15:31 1 east-road extension, those are major roads.

15:31 2 Q And one of those -- sorry.

15:31 3 A Go ahead.

15:31 4 Q One of those is 97th Avenue?

15:31 5 A Southwest 97th Ave. And another state road

15:31 6 going to the east and another that goes north on

15:31 7 another road.I don't know the state road

15:31 8 designation, because the people in the area don't use

15:32 9 the state road designation; they use whatever the road

15:32 10 name is. That's -- I think that's Southwest 87th or

15:32 11 86th Street,I believe.

15:32 12 Q Okay.

15:32 13 A Or Avenue.

15:32 14 MR. ZEHNDER: Ms. Price, can you go to page 3

15:32 15 of CP-34.

15:32 16 BY MR. ZEHNDER:

15:32 17 Q Included in this document that the Legislature

15:32 18 produced to us on page 3 here is the data that you

15:32 19 would have utilized to perform your functional

15:32 20 analysis; correct?

15:32 21 A Yes.

15:32 22 Q And this is also election performance data;

15:32 23 right?

15:32 24 A Yes.

15:32 25 Q So you definitely had this data available once

ACCURATE STENOTYPE REPORTERS, INC. J.A. 251 173

15:32 1 you drew these districts; correct?

15:32 2 A Once we drew them, yes.

15:32 3 Q And, of course, it was important for you to

15:32 4 look at this data and study it very closely, because

15:32 5 these were minority districts; right?

15:32 6 A Yes.

15:32 7 Q And you would have been able to utilize this

15:32 8 data to assess the political performance in the

15:32 9 districts; right?

15:32 10 A Yes.

15:32 11 Q And also, based on these charts, you know

15:33 12 something, at least, about the demographics of the

15:33 13 district the way you've drawn it, in terms of the

15:33 14 percent of African-Americans and the percent of

15:33 15 Hispanics that are in the district?

15:33 16 A Primarily Hispanics for this district, but

15:33 17 yes.

15:33 18 Q So in terms of performance, at the time you

15:33 19 drew this -- this version, which is the one you

15:33 20 selected, you knew, for example, that the Democratic

15:33 21 performance of this version for CD-26 under the 2010

15:33 22 governor's race was 48 percent; right?

15:33 23 A For that particular race,I believe, for the

15:33 24 district -- yes, 48 percent, yes.

15:33 25 Q And you also knew that the Democratic

ACCURATE STENOTYPE REPORTERS, INC. J.A. 252 174

15:33 1 performance for the 2000 -- 2008 presidential race was

15:33 2 48.3 percent; right?

15:33 3 A Yes. But you can also note the 2012

15:33 4 presidential race where the district performed 52

15:33 5 percent for Obama.

15:33 6 Q No question about it. You've got political

15:33 7 data for all sorts of races; right?

15:33 8 A That's right.

15:34 9 Q So you knew, looking at this, that the

15:34 10 performance, at least in those two races, the 2008

15:34 11 presidential and the 2010 gubernatorial, that the

15:34 12 performance for Democrats in District 26 you drew here

15:34 13 was even lower than the performance for Democrats in

15:34 14 CD-26 that was in the invalid configuration in 9047;

15:34 15 correct?

15:34 16 AI actually don't know, because we didn't look

15:34 17 at that data.

15:34 18 Q Okay. Well, you did look at the performance

15:34 19 data when you drew this district; right?

15:34 20 A For the new district, yes.

15:34 21 Q You didn't go back and compare it to how it

15:34 22 performed in relation to the 9047 --

15:34 23 AI don't believe that we did, no.

15:34 24 Q The 9047 map?

15:34 25 AI don't believe that we did.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 253 175

15:34 1 MR. ZEHNDER: Ms. Price, can you pull up Joint

15:34 2 Trial Exhibit 3, please.

15:34 3 BY MR. ZEHNDER:

15:34 4 Q I show you what the parties have admitted into

15:35 5 evidence --

15:35 6 MR. ZEHNDER: By the way, Your Honor, CP-34 is

15:35 7 in evidence already as well. That was part of the

15:35 8 stipulated exhibits.

15:35 9 BY MR. ZEHNDER:

15:35 10 Q This also is in evidence as Joint Trial

15:35 11 Exhibit 3. You see that that's 9057; correct?

15:35 12 A Yes.

15:35 13 Q That's the 2014 Congressional remedial plan;

15:35 14 right?

15:35 15 A Yes, sir.

15:35 16 Q And for purposes of this discussion, you agree

15:35 17 with me that the configuration of CDs 26 and 27 in

15:35 18 this map is the same as what it was in 9047?

15:35 19 A Yes.

15:35 20 Q The Legislature didn't have to change those

15:35 21 two districts for purposes of the remedial map;

15:35 22 correct?

15:35 23 A Correct.

15:35 24 Q By the way, were you involved in the drawing

15:35 25 of these two CDs, 9047 and 9057?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 254 176

15:35 1 A Yes.

15:35 2 Q And did you participate in performing a

15:35 3 functional analysis of those districts at the time to

15:35 4 ensure that they preserved the ability to elect for

15:35 5 Hispanics and didn't retrogress?

15:35 6 A Either myself or the staff director at the

15:36 7 time, Alex Kelly, did.I don't remember specifically

15:36 8 doing a functional analysis there. It would have been

15:36 9 done by either he or I.

15:36 10 Q Okay.

15:36 11 MR. ZEHNDER: Can we go quickly to page 2 of

15:36 12 this exhibit, Ms. Price?

15:36 13 Thank you.

15:36 14 BY MR. ZEHNDER:

15:36 15 Q Okay. So page 2 shows us performance data for

15:36 16 all the districts in this map; correct?

15:36 17 A Yes.

15:36 18 Q And you can see there that in 9057 and 9047,

15:36 19 the Democratic performance for CD-26 in the 2010

15:36 20 governor's race was 49.9 percent; right?

15:36 21 THE COURT: If he's looking, you're going to

15:36 22 have to magnify it. I'm sure you can't read it

15:36 23 from there.

15:36 24 BY MR. ZEHNDER:

15:36 25 Q See the top there?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 255 177

15:36 1 A Yes.

15:36 2 Q Okay. And the Democratic performance for the

15:36 3 2008 presidential race in this map was 49.8 percent.

15:37 4 See that?

15:37 5 A Yes.

15:37 6 Q And those percentages actually reflect lower

15:37 7 Republican performance in CD-26 in this map that the

15:37 8 Supreme Court invalidated than what you drew and

15:37 9 proposed in the maps today; right?

15:37 10 A You would have to put them back up so I can

15:37 11 compare them, but I will -- yes.

15:37 12 Q Well, you had, for example, in the governor's

15:37 13 race under 9071 you have 48 percent Democratic

15:37 14 performance, and in this map you have 49.9 percent.

15:37 15 A For that particular election, yes. But as you

15:37 16 noted before, we have a multitude of elections to look

15:37 17 at.

15:37 18 Q Sure. And the presidential results, 48.3

15:37 19 percent in 9071 and 49.8 percent in 9047 and 9057;

15:38 20 right?

15:38 21 A Yes.

15:38 22 Q So just so I understand, as a means to correct

15:38 23 the problem that the Supreme Court identified, which

15:38 24 was that the Legislature had figured out a way,

15:38 25 through the split of Homestead in that instance, to

ACCURATE STENOTYPE REPORTERS, INC. J.A. 256 178

15:38 1 draw CDs 26 and 27 in a way that would improve

15:38 2 Republican performance in 26, your solution to that

15:38 3 was to draw a configuration that even further improved

15:38 4 Republican performance in CD-26; correct?

15:38 5 A No. We drew a district that -- we didn't look

15:38 6 at any of the political performance. We didn't know

15:38 7 the results until after the district had already been

15:38 8 drawn.

15:38 9 Q Right. And once you drew them and looked at

15:38 10 the performance, you saw that you had managed to

15:38 11 draw -- both configurations you had drawn were better

15:38 12 performing for Republicans in CD-26 than in the

15:38 13 invalidated version of CD-26 in 9047; right?

15:38 14 A We looked at the data to determine if the four

15:39 15 districts we had drawn in both drafts would perform as

15:39 16 minority districts. Because we didn't pick areas to

15:39 17 add population to based on political performance, we

15:39 18 didn't compare that to how the district had previously

15:39 19 performed. All we were determining was whether or not

15:39 20 these two districts would perform for minority

15:39 21 candidates.

15:39 22 Q So based on the two alternatives that you

15:39 23 drew, you knew that whichever one ultimately got

15:39 24 selected, Republicans would do better in CD-26 than

15:39 25 they had under the enacted map and the remedial map;

ACCURATE STENOTYPE REPORTERS, INC. J.A. 257 179

15:39 1 correct?

15:39 2 AI didn't know that, no.

15:39 3 Q You knew that once you saw the data?

15:39 4 A Again, we didn't compare it to the previous

15:39 5 maps, so I did not know that.

15:39 6 Q Now, ultimately, as you've said, you didn't

15:39 7 choose the option that was in CD-35, the one with

15:39 8 Homestead all in District 27; you picked the other

15:39 9 one, with Homestead in 26. And as between the two,

15:39 10 that is the one that performs best in CD-26 for

15:40 11 Republicans; right?

15:40 12 A Again,I didn't -- at the time we did not

15:40 13 compare it that way, so I don't -- we didn't use the

15:40 14 political data for those purposes. So I don't -- I

15:40 15 can't answer that question.

15:40 16 Q So it's just a coincidence that the

15:40 17 configuration that staff recommended and that went

15:40 18 forward was the configuration that performed best for

15:40 19 Republicans in 26; right?

15:40 20 AI guess you could say that. We didn't look at

15:40 21 that data.

15:40 22 Q Now, you explained during the special session

15:40 23 and some today as well that you were trying to follow

15:40 24 major roads as much as possible when you set about to

15:40 25 draw these districts; correct?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 258 180

15:40 1 A Yes.

15:40 2 Q But isn't it correct, sir, that of the two

15:40 3 options that you drew, you picked the one that

15:40 4 followed roads less faithfully than the other?

15:40 5 AI would not agree with that.

15:41 6 Q Okay.

15:41 7 MR. ZEHNDER: Let's take a look at

15:41 8 Demonstrative 5, please, Ms. Price.

15:41 9 BY MR. ZEHNDER:

15:41 10 Q So this is a demonstrative that we created

15:41 11 that puts your two alternatives side by side. Do you

15:41 12 recognize those?

15:41 13 A Yes.

15:41 14 Q Okay. And so here on the left we have the

15:41 15 alternative that puts Homestead in CD-26, and on the

15:41 16 right, the alternative that puts Homestead in CD-27;

15:41 17 right?

15:41 18 A Yes.

15:41 19 Q And you see that in the version that you

15:41 20 didn't select, north of Homestead, you start out on

15:41 21 U.S. Highway 1, a major road in South Florida; right?

15:41 22 A Yes.

15:41 23 Q And you take it all the way up until you hit

15:41 24 another state road, and then you stay on another state

15:41 25 road, and then you finish out the district in the same

ACCURATE STENOTYPE REPORTERS, INC. J.A. 259 181

15:41 1 way as in the configuration on the left; right?

15:42 2 A Yes.

15:42 3 Q So in north Homestead you don't deviate off a

15:42 4 major road at all?

15:42 5 A Yes.

15:42 6 Q So the configuration you picked on the left,

15:42 7 you see that once again you started out on U.S. 1, and

15:42 8 then you curved off north onto the Turnpike, and then

15:42 9 right around Richmond Heights you go off the Turnpike,

15:42 10 continue north, and then head east, again, not on a

15:42 11 major road, head north some more.I guess this is on

15:42 12 97th Avenue; right?

15:42 13 A Yes.

15:42 14 Q Before you ultimately rejoin State Road 973

15:42 15 and finish out the district the --

15:42 16 AI would argue that actually -- when you're

15:42 17 saying we're departing from roads, we did not depart

15:42 18 from roads where you're claiming that we are. We used

15:42 19 Southwest 97th Avenue, and where we leave the Turnpike

15:42 20 there, we did that along a roadway. And again, we go

15:42 21 through a neighborhood as we do in the other draft to

15:42 22 achieve equal population.

15:42 23 So the part that goes east-west in that

15:42 24 district --

15:42 25 Q This part here?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 260 182

15:42 1 A That part there,I will grant you that, that

15:43 2 is not a major road. That is going through a

15:43 3 neighborhood to equalize population.

15:43 4 The two northern roads on both sides,I would

15:43 5 disagree with your interpretation that we were

15:43 6 departing from major roadways there.

15:43 7 Q Even if we accept your explanation there, this

15:43 8 area here departs from a major road, and you don't

15:43 9 have that departure in the configuration on the right;

15:43 10 correct?

15:43 11 A You do. Because if you look on the western

15:43 12 side of Homestead there --

15:43 13 Q This here?

15:43 14 A-- is an area -- yes -- where we have to

15:43 15 depart from major roads as well.

15:43 16 Q All right. And you departed from major roads

15:43 17 more on the left than you have down here on the right;

15:43 18 correct?

15:43 19 AI wouldn't agree with your interpretation of

15:43 20 that.

15:43 21 Q Well, you think those distances are the same,

15:43 22 sir?

15:43 23 AI don't think the actual distance necessarily

15:43 24 matters. When you're talking about the departure to

15:43 25 equalize population, you're going to do that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 261 183

15:43 1 throughout the map. Where you can minimize that,

15:43 2 that's great. But where you're unable to do that due

15:43 3 to equal population, we did it as little as possible.

15:44 4 And I don't believe your characterization of

15:44 5 what we did was improper.

15:44 6 MR. ZEHNDER: Ms. Price, let's go back to

15:44 7 CP-34 and see if we can zoom in again there on the

15:44 8 configuration on the lower left.

15:44 9 BY MR. ZEHNDER:

15:44 10 Q Now, if I understand your testimony from the

15:44 11 special session and -- and what you gave earlier today

15:44 12 with Mr. Meros, you explained that the reason you went

15:44 13 off of U.S. 1 here right around,I guess, Cutler Bay

15:44 14 and onto the Turnpike was so that you could equalize

15:44 15 population between the two districts because you were

15:44 16 gaining population in 26 by putting Homestead in there

15:44 17 entirely; correct?

15:44 18 A Yes.

15:44 19 Q Okay. Of course, you didn't have to go up the

15:44 20 Turnpike to find a way to equalize population between

15:44 21 the two districts; right?

15:44 22 A No. We picked the most major road in the

15:44 23 area.

15:45 24 Q I mean, we just looked at the other

15:45 25 configuration, the one you rejected, and you stayed on

ACCURATE STENOTYPE REPORTERS, INC. J.A. 262 184

15:45 1 U.S. 1 the whole way and still managed to equalize

15:45 2 population between the two districts; correct?

15:45 3 A It's two different -- you're putting the city

15:45 4 in different districts. You can't really -- in this

15:45 5 version we put Homestead entirely within 26. So we

15:45 6 were unable to follow U.S. 1 further, because we're

15:45 7 trying to add population to District 27. So it's

15:45 8 therefore going to push further west. At some point

15:45 9 you're going to have to do that.

15:45 10 So in order to do that, we picked the most

15:45 11 major road, even more major than U.S. 1 or the Dixie

15:45 12 Highway in that area, and we picked the Florida

15:45 13 Turnpike.

15:45 14 Q And just so I understand it, this is the area

15:45 15 here that you used to equalize the population between

15:45 16 the two districts; right?

15:45 17 A Yes.

15:45 18 Q Okay. And if I understood your testimony

15:45 19 earlier, you said that you had no idea -- in fact,

15:45 20 none of the drawers did in the room -- that that area

15:45 21 was three African-American enclaves that you utilized

15:46 22 to equalize population?

15:46 23 AI will speak for myself right now, but I had

15:46 24 no idea.

15:46 25 Q Did anybody discuss the fact that those were

ACCURATE STENOTYPE REPORTERS, INC. J.A. 263 185

15:46 1 African-Americans?

15:46 2 A It never came up.I don't believe that my

15:46 3 other fellow map drawers had any idea as well. It

15:46 4 never came up. We never discussed it. But I don't

15:46 5 want to speak for them.

15:46 6 Q So even though you know, for example, on 97th

15:46 7 Avenue that there is a hospital and a city park and a

15:46 8 high school,I think you said, you didn't know that

15:46 9 that area of the state here was African-American?

15:46 10 A No.

15:46 11 Q So if you didn't know it just by looking at

15:46 12 it, in your general familiarity with the state and

15:46 13 South Florida in particular, you certainly had the

15:46 14 data in your possession that could have revealed that

15:46 15 to you; right?

15:46 16 A But we did not look at it -- let me further

15:47 17 explain that the reason why we can see hospitals and

15:47 18 things like that is because we can see the satellite

15:47 19 view of Bing maps. In the map that we're drawing you

15:47 20 can't -- unless you turn the data on, you cannot see

15:47 21 if the population is Hispanic or black or Republican

15:47 22 or Democrat or anything else.

15:47 23 The only data we had turned on was total

15:47 24 population. So there would have been no way for us to

15:47 25 physically see that.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 264 186

15:47 1 Q And that's -- you're talking about at the

15:47 2 actual time you drew the line in the -- in the

15:47 3 redistricting suite; right?

15:47 4 A Yes, sir.

15:47 5 Q But right after that, once you had drawn the

15:47 6 configurations, you had the data available to you to

15:47 7 understand what the demographics of these districts

15:47 8 was; right?

15:47 9 A Well, the overall demographics. We did not

15:47 10 turn on the data to look at specific neighborhoods and

15:47 11 look at the census blocks to determine what areas were

15:47 12 Democratic or Republican or black or Hispanic.

15:47 13 We had the overall statistics of the 696,000

15:48 14 people in the district. We did not look at the data

15:48 15 individually by neighborhood, so we didn't know that

15:48 16 that area was predominantly African-American.

15:48 17 Q Let's talk about the data that you did have.

15:48 18 Let's go back to CP-34. There you go. You're already

15:48 19 on it. If you go to page 2 of that document. And

15:48 20 let's go ahead and expand this upper right-hand corner

15:48 21 here.

15:48 22 What I wanted to show you here was among the

15:48 23 data generated in the reports that you said you

15:48 24 created shortly after you drew these districts, you

15:48 25 had data that showed you that the black VAP in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 265 187

15:48 1 District 26 that you had drawn in this configuration

15:48 2 was 8.2 percent; right?

15:48 3 A Yes.

15:48 4 MR. ZEHNDER: And, Ang, if you could go

15:48 5 quickly to CP-35?

15:48 6 BY MR. ZEHNDER:

15:48 7 Q This, Mr. Poreda, is the other configuration

15:49 8 that you guys drew of 26 and 27; right? Is that a

15:49 9 yes? I'm sorry?

15:49 10 A Sorry. Yes.

15:49 11 MR. ZEHNDER: Page 2, please, Ang. And you

15:49 12 can highlight the same area.

15:49 13 BY MR. ZEHNDER:

15:49 14 Q You can see there that the BVAP is 9.1 percent

15:49 15 black; right?

15:49 16 A Yes.

15:49 17 Q It's almost a percentage point higher than the

15:49 18 configuration we just looked at; right?

15:49 19 A Yes.

15:49 20 Q And the configuration we looked at first was

15:49 21 the one that had all of Homestead whole in 26;

15:49 22 correct?

15:49 23 A Yes.

15:49 24 Q And you know, I'm sure, that the demographic

15:49 25 mix of Homestead is -- there is a significant

ACCURATE STENOTYPE REPORTERS, INC. J.A. 266 188

15:49 1 African-American percentage in that city; correct?

15:49 2 AI actually didn't know that. But okay.

15:49 3 Q Well, one of the ways that CD-26 was improved

15:49 4 in terms of Republican performance was in -- in 9047

15:49 5 was to divide Homestead and take those

15:49 6 African-American Democratic voters and put them in 27;

15:49 7 you know that; right?

15:49 8 A That's what the Court said.I did not know

15:49 9 that.I actually did not know that prior to the Court

15:50 10 saying that.

15:50 11 Q So if you are looking at BVAP, and you've

15:50 12 taken Homestead and put it whole in 26, knowing now

15:50 13 that the African-American population, that there is a

15:50 14 significant population of African-Americans in

15:50 15 Homestead, you would expect the BVAP of 26 to be

15:50 16 higher than the BVAP of the district that doesn't

15:50 17 have -- the version of 26 that doesn't have Homestead

15:50 18 whole in it; correct?

15:50 19 A We didn't -- that wasn't a consideration -- we

15:50 20 didn't look at BVAP, because these are Hispanic --

15:50 21 majority Hispanic districts. So we concentrated on

15:50 22 that data point.

15:50 23 Q You didn't look at BVAP at all for purposes of

15:50 24 your functional analysis?

15:50 25 A No. It was not necessary, since they were

ACCURATE STENOTYPE REPORTERS, INC. J.A. 267 189

15:50 1 Hispanic majority-minority districts.

15:50 2 Q Had you looked at it, you would have seen sort

15:50 3 of the opposite of what you would expect; right? If

15:50 4 you're putting Homestead whole in 26, you would expect

15:50 5 the BVAP to be higher. But as it turns out, you've

15:51 6 got a higher BVAP in the version of 26 that doesn't

15:51 7 have Homestead in it; right?

15:51 8 MR. MEROS: Objection, Your Honor. Now Mr.--

15:51 9 THE COURT: He's already said he didn't

15:51 10 include it. What he would expect or not expect --

15:51 11 BY MR. ZEHNDER:

15:51 12 Q Well, let me make sure I understand.

15:51 13 These are minority districts; correct?

15:51 14 A Hispanic minority districts.

15:51 15 Q Hispanic minority districts. And as you've

15:51 16 testified in the special session and here today, the

15:51 17 functional analysis associated with these districts

15:51 18 is -- it's difficult; right? It's complicated?

15:51 19 A It is a complicated area, looking at the

15:51 20 Hispanic population in that area, yes.

15:51 21 Q And isn't it correct, sir, that one of the

15:51 22 reasons it's complicated is because you have a mix of

15:51 23 African-Americans and Hispanics in these districts,

15:51 24 and so when you're drawing the district, the

15:51 25 Hispanic-performing district, you need to make sure

ACCURATE STENOTYPE REPORTERS, INC. J.A. 268 190

15:51 1 you understand how many African-Americans are in that

15:51 2 district as it relates to the number of Hispanics in

15:52 3 that district; right?

15:52 4 AI think the district is -- it's complicated

15:52 5 enough solely looking at the Hispanic population.I

15:52 6 don't believe that I really necessarily considered

15:52 7 the -- the black voting age population as the deciding

15:52 8 factor in either of these districts.

15:52 9 Q Okay. Just so I'm clear, it's your testimony

15:52 10 for purposes of doing a functional analysis of these

15:52 11 CDs, you don't need to worry about the percentage of

15:52 12 blacks in the district versus their ratio to the

15:52 13 percentage of Hispanics?

15:52 14 A For our purposes, which is a more high level

15:52 15 functional analysis,I do not think it was necessary.

15:52 16 That's part of the reason why we wanted -- after we

15:52 17 had picked versions of the district, we wanted an

15:52 18 expert who is more familiar with the populations of

15:52 19 this area of the state to weigh in and make sure that

15:52 20 what we had done in our analysis was accurate, because

15:52 21 it is so complicated.

15:52 22 We focused on the Hispanic populations. Even

15:53 23 among the Hispanic populations, because it is not --

15:53 24 the Hispanic population in that area is not

15:53 25 predominantly -- it's mostly Republican; it's about 47

ACCURATE STENOTYPE REPORTERS, INC. J.A. 269 191

15:53 1 percent Republican. But there is a very high

15:53 2 percentage of Democrat Hispanics as well and a very

15:53 3 large Independent population.

15:53 4 So that in and of itself, just looking at that

15:53 5 Hispanic population, it's very difficult.

15:53 6 Q And if you're concerned about retrogressing

15:53 7 the Hispanic Democratic population in those districts,

15:53 8 you would want to be mindful of the percent of blacks

15:53 9 in that district; correct?

15:53 10 A No, not necessarily. You can look at the

15:53 11 Hispanic population, as I stated.

15:53 12 MR. ZEHNDER: Can you show us demonstrative

15:53 13 14, please.

15:53 14 BY MR. ZEHNDER:

15:53 15 Q You still have the side-by-side?

15:53 16 A Yes, sir.

15:53 17 Q Mr. Meros asked you a couple of questions

15:53 18 about this in District 20.I just wanted to come back

15:53 19 to that.

15:53 20 As I understood it, you were suggesting that

15:53 21 in CP-1, with this additional appendage here, that

15:54 22 that created a potential problem with the

15:54 23 configuration of District 20; is that right?

15:54 24 A That is something -- that is an idea that we

15:54 25 explored very briefly. But we ruled it out as being a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 270 192

15:54 1 problem, yes.

15:54 2 Q And that was because, in your analysis, you

15:54 3 were adding a third appendage?

15:54 4 A Yes.

15:54 5 Q Well, you see that in CP-1 you're actually

15:54 6 removing this appendage; right?

15:54 7 AI would consider that as part of the northern

15:54 8 appendage that is still there. Granted, it changes a

15:54 9 little bit.

15:54 10 But adding an entirely different area that

15:54 11 would not have previously been an appendage, that is

15:54 12 not something that we were, at the time, for the

15:54 13 district we were drawing, that we were willing to

15:54 14 consider.

15:54 15 Q And in terms of this offshoot, you see that in

15:54 16 CP-1 we have actually made that offshoot smaller;

15:54 17 right? Less of an incursion; right?

15:54 18 AI wouldn't necessarily agree with that. But

15:54 19 okay.

15:54 20 Q You don't think this appendage is smaller than

15:55 21 this one?

15:55 22 AI think they're --I can't really see it very

15:55 23 well.I think that there's still an appendage. It's

15:55 24 still -- well,I have that right here.

15:55 25 I mean, one gets a little shorter and fatter,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 271 193

15:55 1 and the other is longer and skinnier. So I'm not

15:55 2 really sure I would necessarily say that one would be

15:55 3 better than the other.

15:55 4 Q Well, one extends from Pompano Beach all the

15:55 5 way past Deerfield Beach to the north, and the other

15:55 6 stops just north of Pompano; right?

15:55 7 A Yes. But one, like I said, is shorter and

15:55 8 fatter, and the other is skinnier and longer.

15:55 9 Q And you also know as a result of this

15:55 10 configuration of District 20 in CP-1 that we have

15:55 11 gained city splits; correct? We have less city splits

15:55 12 as a result of that configuration of District 20?

15:55 13 AI believe that's correct, yes.

15:55 14 Q As you and Mr. Zakia covered, that is an

15:55 15 improvement to the map; right?

15:55 16 A Not necessarily, because, again, you have to

15:56 17 look at the totality of the circumstances and adding

15:56 18 that third appendage that you're adding to CD-20.

15:56 19 Q And you know that, notwithstanding what you've

15:56 20 characterized here as the third appendage, the

15:56 21 compactness scores for District 20 in CP-1 are the

15:56 22 same as District 20 in 9071; right?

15:56 23 AI wouldn't say that either district is more

15:56 24 compact than the other. They're both very uncompact

15:56 25 districts. And when looking at minority districts in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 272 194

15:56 1 that way, not looking at the compactness of the

15:56 2 minority communities within the district, but looking

15:56 3 at the overall compactness of the district like you

15:56 4 would a nonminority district, you can't really compare

15:56 5 those scores; they're not as telling as another type

15:56 6 of district.

15:56 7 Adding a third appendage is -- is,I think,

15:56 8 adding more problems to the district than just looking

15:56 9 solely at compactness scores at that point.

15:56 10 Q But if you do look at the compactness scores

15:56 11 you see that they're basically the same; right?

15:57 12 AI think that that is an example of a flaw in

15:57 13 that lateral compactness, and why you can't solely

15:57 14 rely on that lateral compactness as being a better,

15:57 15 more compact district.

15:57 16 Q Mr. Poreda, were you part of any discussions

15:57 17 about whether or not it would have been a good idea or

15:57 18 whether you should have a court reporter during the

15:57 19 base map-drawing sessions or otherwise had some sort

15:57 20 of audio recording of that session?

15:57 21 A No.

15:57 22 Q Did anybody in your presence ever discuss that

15:57 23 issue?

15:57 24 A No.

15:57 25 Q Do you know why the base map-drawing sessions

ACCURATE STENOTYPE REPORTERS, INC. J.A. 273 195

15:57 1 were not in public?

15:57 2 A Well, they -- first of all, we're waiving all

15:57 3 our privilege to those conversations. But we were

15:57 4 drawing a map that would be drawn in a way that was

15:57 5 insulated from any potential outside influences and

15:57 6 drawing that clean map in a way that was insulated

15:58 7 from all of those outside influences as a starting

15:58 8 point of what was a due process.

15:58 9 So if we had a map that we could answer

15:58 10 questions with and move forward that began without any

15:58 11 outside influence was preferential.

15:58 12 Q All right. There wouldn't be any outside

15:58 13 influence if you just televised through web streaming

15:58 14 or live on the Florida Channel, for example, your

15:58 15 map-drawing session for the base map; right?

15:58 16 A Well, again, our conversations are not

15:58 17 privileged that took place in that room. So feel free

15:58 18 to ask me anything that happened in those rooms, and I

15:58 19 will be happy to answer.

15:58 20 Q I understand that.I have to rely on your

15:58 21 memory to tell us what happened during those

15:58 22 map-drawing sessions; right?

15:58 23 A And the memory of my colleagues.

15:58 24 Q You would agree with me, of course, having a

15:58 25 transcript that recorded what everybody said would be

ACCURATE STENOTYPE REPORTERS, INC. J.A. 274 196

15:58 1 a lot better than relying on folks' memories; right?

15:58 2 A Not necessarily. But --

15:58 3 Q Not necessarily?

15:58 4 A No.

15:58 5 MR. ZEHNDER: Okay. No further questions,

15:58 6 Mr. Poreda.

15:59 7 THE COURT: Mr. Devaney?

15:59 8 CROSS EXAMINATION

15:59 9 BY MR. DEVANEY:

15:59 10 Q Good afternoon, Mr. Poreda. John Devaney for

15:59 11 the Romo plaintiffs.

15:59 12 In drawing 9701, did you consider any of the

15:59 13 testimony that was put forth in the special session?

15:59 14 AI don't believe so, no.

15:59 15 Q Were you aware that there is testimony about

15:59 16 communities of interest in CDs 21 and 22?

15:59 17 A There was an amendment that was presented to

15:59 18 our House committee regarding CD-21 and 22, so we

15:59 19 heard some argument along that line, yes.

15:59 20 Q Okay. And did you evaluate any public

15:59 21 testimony relating to communities of interest in 21

15:59 22 and 22, or you did not?

16:00 23 A We received some public comment both in the

16:00 24 committee meetings and written comment that was

16:00 25 submitted to us.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 275 197

16:00 1 Q And did you give those comments any weight?

16:00 2 A No, because we were unable to do so.

16:00 3 Q Why were you unable to do so?

16:00 4 A Because communities of interest in districts

16:00 5 that are not a minority district don't have any

16:00 6 relevance. The Florida Supreme Court said so in

16:00 7 apportionment 1.

16:00 8 Q So your position in drawing maps with

16:00 9 communities of interest, other than minority

16:00 10 districts, have no relevance at all; is that correct?

16:00 11 A When -- they may have some relevance if you

16:00 12 can comply with Tier 2 or Tier 1 standards. But

16:00 13 beyond that, no.

16:00 14 Q But just to be clear, while they may have some

16:00 15 relevance, you didn't consider communities of interest

16:00 16 in drawing 21 and 22; is that correct?

16:00 17 A No.

16:00 18 Q When you -- let me back up.

16:00 19 You participated in the drawing of the --I

16:01 20 will just call it the 2012-2014 Congressional maps;

16:01 21 correct?

16:01 22 A Yes.

16:01 23 Q And when you drew those maps, did you take

16:01 24 into consideration whether incumbents should or should

16:01 25 not be paired in the same district?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 276 198

16:01 1 A Not while we were drawing either of the maps,

16:01 2 no.

16:01 3 Q I'm just curious, why didn't you take that

16:01 4 into consideration?

16:01 5 A We didn't consider whether we were pairing or

16:01 6 not pairing any of the incumbents. We didn't know

16:01 7 where any of them lived or anything.

16:01 8 Q Did you feel that looking at that was

16:01 9 prohibited by the Fair Districts amendments?

16:01 10 A Yes. Because if we were to effectively pair

16:01 11 or not pair an incumbent on purpose, that would be

16:01 12 favoring or disfavoring an incumbent, which is

16:01 13 specifically prohibited by the constitution.

16:01 14 Q And, as you said, the constitution prohibits

16:01 15 disfavoring an incumbent. What does that mean in your

16:01 16 mind?

16:01 17 A That would be if we were to be drawing a

16:01 18 district to specifically disfavor them in some way,

16:02 19 which could be a variety of different reasons.

16:02 20 Q And it's your view that pairing incumbents in

16:02 21 the same district is not a disfavorment; is that

16:02 22 correct?

16:02 23 A Incumbents who happen to be paired --I mean,

16:02 24 I'm sure they would probably tell you that they were

16:02 25 disfavored. But we did not draw any districts with

ACCURATE STENOTYPE REPORTERS, INC. J.A. 277 199

16:02 1 the intent to disfavor. That's kind of the important

16:02 2 point, the result or the intent of doing so.

16:02 3 Q But would you agree that pairing incumbents in

16:02 4 the same district does disfavor them?

16:02 5 A Yes.

16:02 6 Q Did you attempt to draw a version of 21 and 22

16:02 7 that did not pair incumbents in the same district?

16:02 8 A No.

16:02 9 MR. DEVANEY: Thank you. That's all I have.

16:02 10 THE COURT: Redirect?

16:02 11 MR. MEROS: Yes.

16:02 12 REDIRECT EXAMINATION

16:02 13 BY MR. MEROS:

16:02 14 Q Mr. Poreda, let me go from the back -- from

16:03 15 the most recent backwards. Do you recall in

16:03 16 reapportionment 1 -- in reapportionment 7 and in 1,

16:03 17 but I will quote from reapportionment 7, "We reject

16:03 18 any suggestion that the Legislature is required to

16:03 19 compensation for a natural packing effect of urban

16:03 20 Democrats in order to create a fair plan. We also

16:03 21 reject the suggestion that, once the political results

16:03 22 of the plan are known, the Legislature must alter the

16:03 23 plan to bring it more in balance with the composition

16:03 24 of voters statewide.

16:03 25 "The Florida Constitution does not require the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 278 200

16:03 1 affirmative creation of a fair plan, but rather a

16:03 2 neutral one in which no improper intent was involved."

16:03 3 Do you recall that?

16:03 4 A Yes.

16:03 5 Q And is that part of your charge in the map

16:03 6 drawing that you have done over the years?

16:03 7 AI think very much so, yes.

16:03 8 Q And so, in fact, if you sit there, and you

16:03 9 have a list of incumbents, and you are drawing maps

16:03 10 with that in mind, is that helpful to you to draw

16:04 11 without intent to favor or disfavor an incumbent?

16:04 12 A To have a list?

16:04 13 Q Yes.

16:04 14 A That would be extremely difficult to -- if we

16:04 15 had a list to draw districts, because we would then

16:04 16 know where they all are, and it would be very, very

16:04 17 difficult.

16:04 18 Q Doesn't that suggest that if you have a list

16:04 19 of incumbents, if you have other data such as that,

16:04 20 and you were trying to comply with the neutral

16:04 21 criteria, that would be clear evidence that you had an

16:04 22 intent to favor or disfavor a political party or

16:04 23 incumbent?

16:04 24 A Yes.

16:04 25 Q But you didn't do that; did you?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 279 201

16:04 1 A We did not.

16:04 2 Q And, in fact, when you and the House drew the

16:04 3 Florida House of Representatives map, there were 20 or

16:04 4 30 Republicans paired and a number of Democrats

16:04 5 paired; do you recall that?

16:04 6 AI don't recall the exact number. But I know

16:04 7 that there was a significant portion of the House body

16:05 8 of both Democrat and Republican that ended up being

16:05 9 paired, yes.

16:05 10 Q And there were key members of House leadership

16:05 11 that were paired by virtue of what you, as map

16:05 12 drawers, did; do you remember that?

16:05 13 A Yes.

16:05 14 Q And do you remember being lauded for that by

16:05 15 these very same folks, that that shows that there --

16:05 16 that there was no intent, mal intent in what you were

16:05 17 doing?

16:05 18 AI don't remember who lauded us for that, but I

16:05 19 remember that --I believe in apportionment 1 that was

16:05 20 brought up by the Florida Supreme Court as being a

16:05 21 good part of what we did in that map.

16:05 22 Q Now let's go to the question about whether or

16:05 23 not the map-drawing process was to be recorded, or

16:05 24 even more important, you had a TV and a live stream.

16:05 25 Did you ever have any concern about whether,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 280 202

16:05 1 if you were in a -- in making an effort to draw a map

16:05 2 compliant with what the Court did, and that was being

16:06 3 live streamed to our friends in the media here, and

16:06 4 our friends in the media here were immediately

16:06 5 blogging and retweeting the impact of what you were

16:06 6 doing, did it ever occur to you that that's not

16:06 7 necessarily a good thing, that you would be infected

16:06 8 with things as you were trying to draw the map?

16:06 9 A If we were told of those results as they were

16:06 10 being blogged or live tweeted, that would be a bad

16:06 11 thing in my opinion, yes.

16:06 12 Q And might you have accidental access to that

16:06 13 information if you have a TV camera, and people are

16:06 14 broadcasting what they believe to be the impacts on

16:06 15 radio and TV or the Internet?

16:06 16 MR. ZEHNDER: Your Honor,I object. He's

16:06 17 leading the witness.

16:06 18 THE COURT: About as leading as I've heard, so

16:06 19 I agree.

16:06 20 MR. MEROS: He's absolutely right.

16:06 21 BY MR. MEROS:

16:06 22 Q And were you comfortable or uncomfortable with

16:06 23 the notion that there was a place where those impacts

16:06 24 would not have any chance of being felt in this base

16:07 25 map process?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 281 203

16:07 1 A It actually gave great comfort to me, as I

16:07 2 have full faith in myself and my fellow map drawers.

16:07 3 And to be isolated like that where we could spend the

16:07 4 time needed to draw these maps without any outside

16:07 5 influence,I think that was a great comfort to make

16:07 6 sure that the base map was a good map.

16:07 7 Q And within a few days after that, when you

16:07 8 presented the -- your evaluation, your analysis to the

16:07 9 Legislature, did you share with the public and the

16:07 10 Legislature all of the information that you had while

16:07 11 you were in that base map process?

16:07 12 A Yes. All of the drafts, all of the reports

16:07 13 that we had all went up on both the Senate and the

16:07 14 House website,I believe.

16:07 15 Q Were committee hearings recorded?

16:07 16 A Yes.

16:07 17 Q And transcribed?

16:07 18 A Yes.

16:07 19 Q Were they televised or live streamed?

16:08 20 AI believe they were, yes.

16:08 21 Q And were there admonitions by the legislative

16:08 22 leaders about when or if legislators could discuss

16:08 23 information relating to those maps outside of the

16:08 24 noticed hearing?

16:08 25 A Yes.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 282 204

16:08 1 Q And were -- and were most, if not all,

16:08 2 conversations required to be in the public thereafter?

16:08 3 A Yes. Anytime where we were making a decision

16:08 4 about changing lines on the map, those final decisions

16:08 5 were all made in public.

16:08 6 Q Considering what Mr. Zehnder was talking to

16:08 7 you about in District 20, tell us a little bit about

16:08 8 the original history of District 20 and its

16:08 9 configuration, as you recall.

16:08 10 AI can speak to the 2002 district, which is a

16:08 11 district that looks similar to what we have now, but

16:08 12 it did have that third appendage that went further

16:09 13 south. It may have even gone into Miami-Dade County.

16:09 14 It went into Hendry County, which we no longer could

16:09 15 do. And it extended as far north as Ft. Pierce in

16:09 16 St. Lucie County.

16:09 17 Q So all the way from Ft. Pierce possibly to

16:09 18 Dade County?

16:09 19 A Yes.

16:09 20 Q Did that receive criticism over the years?

16:09 21 A Very much so.

16:09 22 Q And was it, for your purposes, worth creating

16:09 23 a third appendage again in order to pick up nine

16:09 24 cities?

16:09 25 A No.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 283 205

16:09 1 Q Why not?

16:09 2 A Well, we were -- in this base map process and

16:09 3 this legislative process, because we have the burden

16:09 4 of proof where we had to defend all of the decisions

16:09 5 that we made in the map, adding a third appendage

16:09 6 would have opened our map up to further criticism and

16:09 7 further questions, whether we intended to do that

16:09 8 improperly or not.

16:09 9 It certainly would have added a lot of

16:09 10 question marks, since we were criticized for adding

16:09 11 appendages, like the one we did in CD-5 in Seminole

16:10 12 County and CD-10 in Orange County and other things in

16:10 13 the previous maps, adding appendages like that for

16:10 14 seemingly very little benefit was not something that

16:10 15 we were prepared to do.

16:10 16 Q Now, Mr. Poreda,I am reading from the

16:10 17 redistricting decision from the Florida Supreme Court

16:10 18 that says:"These districts"-- which are 26 and

16:10 19 27 --"must be redrawn to avoid splitting Homestead."

16:10 20 You've read that?

16:10 21 A Yes.

16:10 22 Q Do you recall any other direction from the

16:10 23 Supreme Court as to what to do other than to split

16:10 24 Homestead?

16:10 25 AI believe that that was the primary objective

ACCURATE STENOTYPE REPORTERS, INC. J.A. 284 206

16:10 1 that was given to us is to avoid splitting Homestead.

16:10 2 Q And was there any direction, or was there any

16:10 3 effort by -- by the map drawers to keep Homestead

16:10 4 whole, then figure out how many Rs and Ds are in the

16:10 5 district, and then to equalize them?

16:11 6 A No.

16:11 7 Q Would that be consistent with your

16:11 8 understanding of the Florida Constitution?

16:11 9 A No, the way I understand it, if we did that,

16:11 10 it would be a direct violation of the Florida

16:11 11 Constitution.

16:11 12 Q And do I understand correctly that -- or tell

16:11 13 me, did you ever turn on black population screens on

16:11 14 the computer when you were determining or when --

16:11 15 where to equalize population?

16:11 16 A No.

16:11 17 Q Did you ever turn on black population on the

16:11 18 screen at all in what you did with regard to your

16:11 19 drawing of 26 and 27?

16:11 20 A Not with those two districts, no.

16:11 21 Q And as Mr. King said in opening statement, did

16:11 22 you ever find a way or try to find a way to draw

16:11 23 District 26 more Republican than it might have been

16:11 24 before?

16:11 25 A No.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 285 207

16:11 1 Q What did you try to do?

16:12 2 A We tried to not split Homestead and maintain

16:12 3 the minority -- the minority ability -- the minority

16:12 4 community's ability to elect candidates of their

16:12 5 choice in both districts.

16:12 6 MR. MEROS: Thank you. That's all I have.

16:12 7 THE COURT: Anybody else on the Senate side?

16:12 8 MR. ZAKIA: No questions, Your Honor.

16:12 9 MR. ZEHNDER: Your Honor, just real brief?

16:12 10 THE COURT: Go ahead.

16:12 11 RECROSS EXAMINATION

16:12 12 BY MR. ZEHNDER:

16:12 13 Q Mr. Poreda, just a couple of follow-ups.

16:12 14 I think you've testified today that you

16:12 15 studied apportionment 7, read it closely, made sure

16:12 16 you were following the directions of the Court;

16:12 17 correct?

16:12 18 A Yes.

16:12 19 Q Do you recall in apportionment 7 the Court

16:12 20 saying, quote, We encourage the Legislature to conduct

16:12 21 all meetings in which it makes decisions on the new

16:12 22 map in public and to record any nonpublic meetings for

16:12 23 preservation?

16:12 24 A Yes.

16:12 25 Q So notwithstanding the encouragement from the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 286 208

16:12 1 Florida Supreme Court, your group, in drawing the base

16:13 2 map, did not record that meeting in any way; correct?

16:13 3 A No. But the map that we were drawing was a

16:13 4 starting point for the legislative process. Once the

16:13 5 legislative process started, all meetings were --

16:13 6 things were done in public in all the committee

16:13 7 meetings.

16:13 8 Q And many of the decisions that were made

16:13 9 during those private, closed sessions about the map

16:13 10 ended up making it through the legislative process and

16:13 11 are in the maps that the Legislature is offering in

16:13 12 this remedial proceeding; correct?

16:13 13 A Many of the decisions we made in creating the

16:13 14 base map made it into the final map that the House

16:13 15 passed and that the Senate passed.

16:13 16 MR. ZEHNDER: No further questions.

16:13 17 MR. MEROS: Your Honor, may I?

16:13 18 THE COURT: Sure.

16:13 19 FURTHER REDIRECT EXAMINATION

16:13 20 BY MR. MEROS:

16:13 21 Q Mr. Poreda, was there a single legislative

16:13 22 decision made when any of you were in the

16:13 23 redistricting suite?

16:13 24 A No. And any decision that we made in the

16:13 25 redistricting suite could have been changed by any

ACCURATE STENOTYPE REPORTERS, INC. J.A. 287 209

16:14 1 member of the Legislature.

16:14 2 Q Could the Legislature have completely rejected

16:14 3 that map and redrawn a map entirely?

16:14 4 A Yes.

16:14 5 Q Could it have changed any of the districts at

16:14 6 issue here?

16:14 7 A Yes.

16:14 8 Q And would those deliberations and those

16:14 9 decisions have been made completely, openly, and

16:14 10 transparently?

16:14 11 A Yes.

16:14 12 Q Speaking of openly and transparently, did you

16:14 13 ever receive any input from the League of Women

16:14 14 Voters, Common Cause, or the Romo plaintiffs about how

16:14 15 those districts should be drawn, other than a letter

16:14 16 saying that they should be drawn more Democratic?

16:14 17 MR. DEVANEY: Your Honor, objection; no

16:14 18 foundation.

16:14 19 THE COURT: Sustained.

16:14 20 MR. MEROS: No more.

16:14 21 THE COURT:I have a couple of questions if

16:14 22 everybody else is done.

16:14 23 EXAMINATION

16:14 24 BY THE COURT:

16:14 25 Q I understood your testimony earlier about you

ACCURATE STENOTYPE REPORTERS, INC. J.A. 288 210

16:14 1 weren't looking at the best -- best way to do it; you

16:15 2 were looking at a way that was compliant. And I think

16:15 3 that would be entirely appropriate under the standard

16:15 4 where, if the Legislature passed the map and came back

16:15 5 to me as the Supreme Court originally intended,I

16:15 6 would like to see whether it complied with the

16:15 7 direction of the constitution.

16:15 8 Now the direction is, tell me which of these

16:15 9 best complied with what we said and what best meets

16:15 10 the constitution, not just that's compliant.

16:15 11 So my question is, has anybody asked you, or

16:15 12 have you on your own looked at the various maps that

16:15 13 have been proposed to remedy this map?

16:15 14 A I'm -- I'm sorry. What was the question?

16:15 15 Q The question is: Has anybody asked you to, or

16:15 16 have you on your own, looked at any of the other maps

16:15 17 that have been presented to me? Have you?

16:15 18 AI have looked at the other maps, yes.

16:15 19 Q Have you analyzed them in terms of whether

16:15 20 they better comply with the Supreme Court's directions

16:15 21 and the constitution?

16:15 22 A Yes.

16:15 23 Q Okay. Tell me about it. Tell me what your

16:15 24 analysis was and what your conclusions were.

16:16 25 A Okay. The --

ACCURATE STENOTYPE REPORTERS, INC. J.A. 289 211

16:16 1 Q You can start with any one you want.

16:16 2 A Okay. So I will start with CP-1.

16:16 3 Q Okay.

16:16 4 A The District 27 -- 26 and 27 drawn there,I

16:16 5 believe, have significant problems with their

16:16 6 functional analysis. Both of those districts are --

16:16 7 are more Democratic than we drew, which I would

16:16 8 consider as toss-up districts. The districts drawn in

16:16 9 CP-1 --

16:16 10 Q Let me go back. When you say "functional

16:16 11 analysis,"I thought we were talking about a minority

16:16 12 district and whether minorities could elect somebody

16:16 13 they --

16:16 14 A Yes. But the first part of that analysis is

16:16 15 determining the districts, how they lean politically.

16:16 16 At that point you can look at the Democratic and

16:16 17 Republican primaries, depending on if it leans

16:16 18 Democratic or leans Republican, to determine the

16:16 19 Hispanic's community's influence over those particular

16:16 20 primaries.

16:16 21 When you get to the general election, if you

16:16 22 have a Hispanic candidate who is Republican who cannot

16:17 23 win a general election, because the district itself

16:17 24 leans Democratic, then that minority candidate would

16:17 25 not have a chance to win -- they would not elect a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 290 212

16:17 1 candidate of their choice at the end.

16:17 2 So you have to look at the first part of the

16:17 3 functional analysis to determine how the district

16:17 4 performs politically.

16:17 5 Q Okay.

16:17 6 A So in the districts we drew, they are what I

16:17 7 would consider very 50-50 districts, where either

16:17 8 party would have a chance to elect any candidate that

16:17 9 happened to be running in that district.

16:17 10 And there is a really good chance on the

16:17 11 Republican side that a Hispanic candidate will win

16:17 12 that primary, and there's also a chance, not as good

16:17 13 of a chance, but a chance that a Hispanic Democrat

16:17 14 would be elected. And, therefore, you would have

16:17 15 two -- potentially two Hispanic candidates in a

16:17 16 general election.

16:17 17 So either candidate winning would result in a

16:17 18 Hispanic candidate.

16:17 19 Specifically the District 26 in CP-1, in my

16:18 20 opinion, leans so heavily Democratic that a Republican

16:18 21 candidate would not be able to win, regardless of

16:18 22 whether they're Hispanic or not.

16:18 23 So --

16:18 24 Q So 26 under CP-1?

16:18 25 A Under CP-1. I believe 27 as well follows in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 291 213

16:18 1 that same line or right --I could be wrong about

16:18 2 that. It could be one or the other. But one of those

16:18 3 districts -- at least one of them; it could be both --

16:18 4 leans much more heavily Democratic.

16:18 5 Now in that area, more heavily Democratic

16:18 6 would just be 1 or 2 percentages points one way or the

16:18 7 other, and then you don't allow a Republican Hispanic

16:18 8 candidate to win that particular primary.

16:18 9 And on the Democratic side, then, because the

16:18 10 Republican candidate can't win the general, you have

16:18 11 to look more closely at the Democratic primary. And

16:18 12 in that Democratic primary, the Hispanic candidates

16:18 13 control in the low 20s percent of the Democrat

16:18 14 primary, so they more than likely would not be able to

16:18 15 elect a Hispanic candidate in the Democratic primary

16:19 16 and would result in either a black or a white Democrat

16:19 17 winning the Democratic primary, which then would

16:19 18 dominate the general election and therefore not elect

16:19 19 a Hispanic candidate of choice.

16:19 20 I believe that was a significant problem, in

16:19 21 my opinion, in the CP-26 and 27 for that.

16:19 22 Q Any other problems with CP-1, in your opinion,

16:19 23 from that?

16:19 24 A Well, what we talked about, a third appendage

16:19 25 in District 20,I believe that's a problem. And I

ACCURATE STENOTYPE REPORTERS, INC. J.A. 292 214

16:19 1 believe that the gain in city splits is not worth

16:19 2 those negative -- specifically in 26 and 27 and the

16:19 3 third appendage.

16:19 4 Looking at CP-2 and 3, and then with the other

16:19 5 alternative way of drawing District 26 and 27,I have

16:19 6 to look more closely at the data.I looked at it

16:19 7 before.I believe they have similar problems with

16:19 8 their ability to perform, but less so.

16:19 9 But at that point you're looking at -- let's

16:20 10 just say for the sake of argument that they all

16:20 11 perform. At that point you're kind of splitting

16:20 12 hairs. The compactness is all very similar, and

16:20 13 you're just picking which roads to follow to gain

16:20 14 population.

16:20 15 So in my opinion there wouldn't be one that

16:20 16 would be any better than any other one, between any of

16:20 17 the alternatives or ours, assuming those other

16:20 18 alternatives perform.

16:20 19 I don't know if that's necessarily the case in

16:20 20 those other ones.I didn't look at those as closely.

16:20 21 Q As far as you know, you may have similar

16:20 22 problems in 2 and 3, CP-2 and 3?

16:20 23 A Potentially, but I don't want to definitively

16:20 24 say that like with CP-1. Again,I would have to look

16:20 25 more closely.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 293 215

16:20 1 Let's just say for the sake of argument that

16:20 2 they don't, or they have -- they do perform just like

16:20 3 the districts that we drew. At that point I think --

16:20 4 your compactness scores,I think, were all very

16:20 5 relatively similar. So at that point you're not

16:20 6 picking which one is better; you're just picking which

16:21 7 one you prefer.

16:21 8 And at that point I think the one that we

16:21 9 drew, since we drew it without --

16:21 10 Q Assuming arguendo that they do perform

16:21 11 similarly, and you don't have the appendage problem

16:21 12 that you said, and they are more compact, and they

16:21 13 don't divide up more cities, wouldn't that be a better

16:21 14 choice?

16:21 15 A Well,I don't believe that CP-2 or 3 does

16:21 16 split fewer cities --

16:21 17 Q That's why I'm asking.

16:21 18 AI believe CP-2 and 3, they just deal with 26

16:21 19 and 27.

16:21 20 Q Okay. So CP-1 is the one that has less

16:21 21 splits, but you say it's not worth it?

16:21 22 A Correct. It's not worth it to use it. It has

16:21 23 bigger problems.

16:21 24 Q So 2 and 3 don't perform better --

16:21 25 A Yeah,I actually believe that there is

ACCURATE STENOTYPE REPORTERS, INC. J.A. 294 216

16:21 1 performance problems with -- with I think their 27,

16:21 2 which would be similar to CP-1, but not as dramatic.

16:21 3 But just for the sake of argument, if they didn't,

16:21 4 then at that point you're -- assuming the compactness

16:22 5 scores are all similar,I don't know if ours were

16:22 6 better or were not -- at that point you're not picking

16:22 7 which one is better; you're simply picking which one

16:22 8 that you -- you prefer to draw.

16:22 9 I know that we drew ours without looking at

16:22 10 politics at all. The CP-1 -- or 2 and 3 and the Romo

16:22 11 plaintiffs, with the letter that was sent, they know

16:22 12 that they specifically drew them to even out the

16:22 13 politics the way that they wanted to, at least

16:22 14 according to their letter.

16:22 15 So I would --I would be very cautious about

16:22 16 that political intent that those two maps were drawn

16:22 17 with.I know ours was not.

16:22 18 Q How about District 5?

16:22 19 A District 5?

16:22 20 Q Uh-huh.

16:22 21 A We drew District 5 --

16:22 22 Q I thought you said you adopted Romo?

16:22 23 A We did.

16:22 24 Q Don't you have concerns about the Romo map?

16:22 25 A The Supreme Court used it as an example in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 295 217

16:22 1 their opinion. They believed that that district would

16:22 2 perform. And they specifically rejected those

16:22 3 political implications for that particular district.

16:23 4 I would have a problem with that district, but the

16:23 5 Supreme Court --

16:23 6 Q I was asking you, not the Supreme Court.

16:23 7 A Okay. Well, we chose that, but we're also

16:23 8 trying to draw a map that the Supreme Court would --

16:23 9 and yourself would ultimately approve. And that is --

16:23 10 that is why we chose to go that way.

16:23 11 Q Okay. What about the other maps?

16:23 12 A Which other maps?

16:23 13 Q Senate didn't have a map?

16:23 14 A Oh, the other maps.

16:23 15 Q Yeah.

16:23 16 A I'm trying to refresh my memory. So 62, we

16:23 17 had a problem with 9062 because we don't feel that it

16:23 18 had a consistent methodology applied to the map, which

16:23 19 will allow questions to be answered about why certain

16:23 20 lines were drawn in certain ways, whether they were or

16:23 21 were not.

16:23 22 I'm not trying to impugn anyone in the other

16:23 23 chamber or any of the map drawers or any of the

16:23 24 senators over there. We just felt that it didn't have

16:23 25 a consistent methodology applied to it which would

ACCURATE STENOTYPE REPORTERS, INC. J.A. 296 218

16:23 1 open questions to it and make it less defensible for

16:23 2 the Supreme Court.

16:24 3 I think that the justices were --

16:24 4 Q Well, but we're kind of beyond that. In other

16:24 5 words, let's -- like I said, if I'm sitting in your

16:24 6 position, and the Legislature -- people are giving me

16:24 7 maps, I'm going to have a grain of salt depending who

16:24 8 it comes from and how it's done.

16:24 9 But if I'm going to look at it and say,I made

16:24 10 the best map I can, the best map that complies with

16:24 11 Tier 1 and 2, and assuming it performs -- I'm looking

16:24 12 at Tier 2 stuff, have you analyzed it to say whether

16:24 13 the Senate's version is more compact; it doesn't split

16:24 14 cities and counties, all those things that you

16:24 15 normally do?

16:24 16 A The Senate map is very comparable to the map

16:24 17 that the House drew. As far as compactness and city

16:24 18 splits, it's very comparable. In 9056 they split one

16:24 19 fewer county, but I would still prefer 9071 simply

16:24 20 because I know how that map was drawn and everything.

16:24 21 Again, I'm not trying to impugn anybody, but I don't

16:24 22 know where that map came from. It was never passed by

16:24 23 any of our chambers.

16:24 24 Q But I mean, still, same thing. You're sitting

16:25 25 there; you're getting maps, and you may have a grain

ACCURATE STENOTYPE REPORTERS, INC. J.A. 297 219

16:25 1 of salt -- you have a grain of salt --

16:25 2 A Yeah.

16:25 3 Q -- about --

16:25 4 A Yeah.

16:25 5 Q -- the Senate map?

16:25 6 A That's true.

16:25 7 Q You have a grain of salt?

16:25 8 AI would say so.

16:25 9 Q Okay.

16:25 10 AI think 9066 is a map that complies better

16:25 11 than 9062. I have a smaller grain of salt, but still

16:25 12 a grain of salt.

16:25 13 Q Okay. But if you were just looking at them,

16:25 14 you don't have any questions about --

16:25 15 A If you just --

16:25 16 Q -- where it came from?

16:25 17 A If you just look at it from a pure map-drawing

16:25 18 perspective, as I stated to my colleagues at the time,

16:25 19 it was a good map. We split one fewer county,

16:25 20 forgetting the grain of salt.

16:25 21 Q Okay. Is that all the maps?

16:25 22 AI believe so.

16:25 23 THE COURT: Any follow-up questions from the

16:25 24 lawyers?

16:25 25 MR. ZEHNDER: No questions, Your Honor.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 298 220

16:25 1 THE COURT: All right. You can step down.

16:25 2 Shall we take another break?I mean,I can take a

16:25 3 short break and go for a little longer, or do you

16:25 4 want to try to go get somebody on fairly quickly?

16:26 5 MR. MEROS: Your Honor, our next witness will

16:26 6 be very, very brief,I would say --

16:26 7 THE COURT: How is my clerk doing? Need to

16:26 8 take a break?

16:26 9 MR. MEROS:I definitely need a break.

16:26 10 THE COURT: Let's take a short break either

16:26 11 way then.

16:26 12 MR. ZEHNDER: And, Your Honor, we would be

16:26 13 happy to stay a little longer today, if we need to.

16:26 14 THE COURT: Okay.I will stay here a little

16:26 15 later too. We'll see how we do with the next

16:26 16 witness.

16:26 17 (In recess from 4:26 p.m. to 4:39 p.m.)

16:39 18 THE BAILIFF: All rise. Come to order. Court

16:39 19 is now back in session.

16:39 20 THE COURT: Have a seat. Mr. Meros, call your

16:40 21 next witness.

16:40 22 MR. MEROS: Yes, call Mr. Jeff Takacs.

16:40 23 Thereupon,

16:40 24 JEFFREY MARK TAKACS

16:40 25 was called as a witness, having been first duly sworn,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 299 221

16:40 1 was examined and testified as follows:

16:40 2 DIRECT EXAMINATION

16:40 3 BY MR. MEROS:

16:40 4 Q Hello, Mr. Takacs; how are you?

16:40 5 A Good afternoon.

16:40 6 Q Could you tell us your full name and business

16:40 7 address?

16:40 8 A Certainly. My whole name is Jeffrey Mark

16:40 9 Takacs. My business is 418 The Capitol, 400 South

16:40 10 Monroe Street, Tallahassee, Florida, 32399.

16:40 11 Q And for the court reporter, could you spell

16:40 12 your last name.

16:40 13 A Certainly.T, as in Tom,A-K-A-C, as in cat,

16:40 14 S as in Sam.

16:40 15 Q So there is a C in there?

16:40 16 A Yes, sir.

16:40 17 Q Supposed to be an A; isn't it?

16:40 18 A Get that a lot.

16:40 19 Q What is your present position -- what is your

16:41 20 present employment?

16:41 21 AI am the special advisor to the House Select

16:41 22 Committee on Redistricting.

16:41 23 Q Okay. And were you involved in the 2012 and

16:41 24 2014 redistricting processes?

16:41 25 AI was involved, although in the 2014

ACCURATE STENOTYPE REPORTERS, INC. J.A. 300 222

16:41 1 redistricting process in the special session,I was

16:41 2 not a map drawer;I was just on committee staff for

16:41 3 that.

16:41 4 Q And what, if any, participation did you have

16:41 5 in the drawing of the Florida House state map in 2012?

16:41 6 A In 2012 I was one of the principal architects

16:41 7 of that map.

16:41 8 Q Of the Florida House map that was approved by

16:41 9 the Florida Supreme Court?

16:41 10 A Yes, sir, 70.

16:41 11 Q What role, if any, did you play in this

16:41 12 remedial process?

16:41 13 AI was one of the map drawers; there were three

16:41 14 map drawers in this process; myself, Mr. Poreda, and

16:41 15 Mr. Ferrin from the Senate.

16:41 16 Q And let me get right to it and not take too

16:41 17 much time.

16:41 18 I wanted to talk to you first about two

16:41 19 district choices or district -- map choices, one

16:42 20 relating to Districts 26 and 27 in the map.

16:42 21 A Uh-huh.

16:42 22 Q And also Districts 21 and 22. Do you recall

16:42 23 those districts?

16:42 24 A Yes,I do.

16:42 25 Q And can you tell us briefly from your

ACCURATE STENOTYPE REPORTERS, INC. J.A. 301 223

16:42 1 perspective as a map drawer what occurred with -- as

16:42 2 far as you perceived it -- with the decisions made

16:42 3 about 26 and 27?

16:42 4 A Certainly. As we drafted districts to comply

16:42 5 with the Supreme Court's order to keep Homestead

16:42 6 whole, first we tried drawing Homestead all within

16:42 7 District 26. And then we tried the other way, trying

16:42 8 to have Homestead whole all within District 27.

16:42 9 Once we completed those drafts -- both drafts

16:42 10 had equal population -- we completed that draft. We

16:42 11 then created the reports for both of those drafts so

16:42 12 that we could look at the functional analysis data of

16:42 13 both drafts to make sure that all four districts, both

16:43 14 options would perform for the Hispanic community's

16:43 15 candidate of choice.

16:43 16 And then once we were able to determine that

16:43 17 they would, the next thing that we looked at was the

16:43 18 compactness in the report of both of those options,

16:43 19 and we chose draft 1 because it was the more compact;

16:43 20 it had the better Convex Hull score than the other

16:43 21 draft.

16:43 22 Q Okay. Now, in -- in determining -- in getting

16:43 23 equal population in the map that kept Homestead whole

16:43 24 within 26, did you have any idea of the racial or

16:43 25 political composition of the individuals who were

ACCURATE STENOTYPE REPORTERS, INC. J.A. 302 224

16:43 1 moved from District 26 into District 27?

16:43 2 A No,I did not. When we were working to

16:43 3 equalize that population, what we did was look at the

16:43 4 major roadway that was there in between the two

16:43 5 districts, which was the Florida Turnpike, and just

16:44 6 worked our way south to north to fill that area,

16:44 7 moving along the Turnpike to equalize that population.

16:44 8 Q At any time during this process did you ever

16:44 9 see the screen on MyDistrictBuilder activated to

16:44 10 reflect minority populations in given areas of the

16:44 11 state?

16:44 12 A No. We didn't turn that data on to the

16:44 13 screen.

16:44 14 Q Did you have any idea or any way to determine

16:44 15 the political performance, or did you try to determine

16:44 16 the political performance among those 30,000 or so

16:44 17 individuals that were moved from District 26 to 27?

16:44 18 A No,I did not.I did not try to see the

16:44 19 political makeup of that particular population.

16:44 20 Q Now, you talked about major roadways. From

16:44 21 your perspective as a map drawer, which is the most --

16:44 22 which is a more major roadway, the Florida Turnpike,

16:45 23 or U.S. 1?

16:45 24 A The Turnpike for sure.

16:45 25 Q And at what -- why did you ultimately stop

ACCURATE STENOTYPE REPORTERS, INC. J.A. 303 225

16:45 1 using the Turnpike?

16:45 2 A When we started working to, again, balance out

16:45 3 the populations and get the districts to have that

16:45 4 plus or minus one person deviation that we need in

16:45 5 Congressional districts, basically we just went as far

16:45 6 north as we could and then connected the district, you

16:45 7 know, to the east.

16:45 8 Q Okay. And in connecting the districts to the

16:45 9 east, did you try to make any determination as to

16:45 10 whether they were Republicans, Democrats,

16:45 11 Independents, whatever?

16:45 12 A No. We were just following a roadway.

16:45 13 Q Okay.

16:45 14 A When we could.

16:45 15 Q Okay. So let's talk about Districts 21 and 22

16:45 16 in Broward and Palm Beach Counties,I believe. Tell

16:45 17 me what you recall about that mandate from the Court

16:45 18 and what you did.

16:45 19 A Yeah, certainly. The Supreme Court didn't

16:45 20 specifically invalidate Districts 21 and 22. But they

16:45 21 did charge the Legislature with redrawing those

16:46 22 districts in a more compact manner.

16:46 23 They had used as an example a House draft that

16:46 24 had been drawn in 2012 as an example of how those two

16:46 25 districts could be drawn in a more compact manner. In

ACCURATE STENOTYPE REPORTERS, INC. J.A. 304 226

16:46 1 fact, they actually included,I believe, a picture of

16:46 2 that draft in apportionment 7.

16:46 3 Q And did you -- did you make any efforts to

16:46 4 draw a more compact 21 and 22 with a north-south

16:46 5 configuration -- more compact than the enacted map in

16:46 6 2012?

16:46 7 A In the base map-drawing process, no. When we

16:46 8 were -- when you look at the districts in that region

16:46 9 and the minority districts that are in that region,

16:46 10 the Tier 1 protected districts, and you look at the

16:46 11 population that remains in that area, there is --

16:46 12 there is only really two options that are available,

16:47 13 substantial options, one being the way that the

16:47 14 districts were, as the Legislature enacted them in

16:47 15 2012 and 2014.

16:47 16 And then the other configuration about -- the

16:47 17 configuration that was in the House draft, that is

16:47 18 very similar to what we did in the base map.

16:47 19 Q And when you drew the east-west configuration,

16:47 20 did that map become more compact than the north-south

16:47 21 configuration that the Supreme Court rejected?

16:47 22 A Yes, it did. It was substantially more

16:47 23 compact.

16:47 24 Q And is that why you elected an east-west

16:47 25 configuration?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 305 227

16:47 1 A It was. And we also took the suggestion of

16:47 2 the Court with having the specific picture in

16:47 3 apportionment 7 as well.

16:47 4 Q Now, going back very briefly, were you aware

16:47 5 that the speaker and the Senate president sent out

16:47 6 instructions and directions for the map drawers to

16:47 7 follow in the map-drawing process?

16:47 8 A Yes,I did.I received those and reviewed

16:48 9 them, yes.

16:48 10 Q And did you follow all of the admonitions that

16:48 11 the Senate president and the House speaker imposed on

16:48 12 the map drawers?

16:48 13 A Yes,I did.

16:48 14 Q Okay. Did you have any discomfort or concern

16:48 15 about drawing a base map without a TV camera there or

16:48 16 a recording -- recorder on?

16:48 17 AI was not uncomfortable; in fact, quite the

16:48 18 opposite.I was very comfortable with the decision

16:48 19 that was made in the instructions that we received to

16:48 20 draw the base map in a sterile environment where we

16:48 21 were free from any political interference or anyone

16:48 22 trying to attempt to influence that process.

16:48 23 I was very comfortable with that decision,

16:48 24 also knowing that we were going to be waiving our

16:48 25 attorney-client privilege so that we could openly talk

ACCURATE STENOTYPE REPORTERS, INC. J.A. 306 228

16:48 1 about what the decisions were that were made in that

16:48 2 room to draw that map, which was the starting point of

16:48 3 this process, knowing that all of the legislative

16:49 4 decisions would be made by the policymakers, the

16:49 5 legislators.

16:49 6 Q Now I simply want to follow up on some

16:49 7 questions that Judge Lewis has asked and go ahead and

16:49 8 ask you those questions.

16:49 9 Do you -- do you believe that there was a

16:49 10 particular map in this process that was the best map,

16:49 11 drawn to comply with the Supreme Court requirements?

16:49 12 AI do.I believe that there is one map that is

16:49 13 the best, and it's 9071.

16:49 14 Q And why is that?

16:49 15 AI believe that 9071 has the most consistently

16:49 16 applied methodology throughout the entire state. It

16:49 17 has extremely good metrics in the world of keeping

16:49 18 cities and counties whole, as well as overall

16:49 19 compactness, and it's one that personally, from my

16:49 20 personal involvement in the process, know that there

16:49 21 are no Tier 1 concerns as far as intent to favor or

16:49 22 disfavor a political party or an incumbent, as well as

16:49 23 that Tier 1 requirement of allowing the minority

16:49 24 communities in the specific districts to elect a

16:50 25 candidate of their choice.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 307 229

16:50 1 Q And do you believe that that map is better

16:50 2 than the coalition plaintiffs' maps?

16:50 3 A Yes,I do.

16:50 4 Q Let's start with CP-1. Why do you believe

16:50 5 that the House map is superior to CP-1?

16:50 6 MR. ZEHNDER: Your Honor, we would object to

16:50 7 this line of questioning from the House. As the

16:50 8 Court knows, you entered an order that required the

16:50 9 parties to disclose their district challenges to

16:50 10 each other in writing in advance.

16:50 11 The House and the Senate didn't say one word

16:50 12 about any of these districts, other than District

16:50 13 26.I appreciate the Court's inquiry of

16:50 14 Mr. Poreda, and maybe you will make the same

16:50 15 inquiry of Mr. Takacs yourself.

16:50 16 But for the legislative parties to now put on

16:50 17 evidence about what's wrong with these districts

16:50 18 that they didn't challenge in writing to us as they

16:50 19 were required to do we think is prejudicial and

16:50 20 unfair. We ask the Court to not allow them to

16:50 21 question about anything under the 26, which is the

16:50 22 only feedback they alleged in writing about on

16:50 23 that.

16:50 24 THE COURT: You're probably procedurally

16:50 25 correct. You didn't want to object to me asking

ACCURATE STENOTYPE REPORTERS, INC. J.A. 308 230

16:51 1 questions,I guess. But I don't think it really

16:51 2 matters.

16:51 3 I'm curious, because these are people that

16:51 4 draw maps, that drew the maps. I'm curious as to

16:51 5 what they think about the ones coming afterwards,

16:51 6 because like I said with Mr. Poreda, it's a

16:51 7 different animal if you say that the Legislature

16:51 8 has drawn a map, then y'all get to challenge it and

16:51 9 suggest alternatives to suggest why their map is

16:51 10 not good.

16:51 11 But here I've got your maps as well as the

16:51 12 Senate map and the House map to say to the Supreme

16:51 13 Court,I think you should choose this or this

16:51 14 combination thereof because of X,Y, and Z. This

16:51 15 guy has a lot of knowledge. He drew the map -- if

16:51 16 he's looked at the other ones I would like to hear

16:51 17 from him.I can ask him that when he's done.

16:51 18 It seems to be just as efficient for him to do

16:51 19 it now. Then you can cross him on it.

16:51 20 MR. ZEHNDER: Thank you, Your Honor.

16:51 21 BY MR. MEROS:

16:51 22 Q Do you remember the question?

16:51 23 A Could you repeat the question, please?

16:51 24 Q Can you tell us why you believe the House map

16:51 25 to be superior to CP-1?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 309 231

16:51 1 A Certainly.I have several concerns with CP-1,

16:52 2 first of which is just the nature of its origin,

16:52 3 thinking about the letter that we had received from

16:52 4 the various plaintiffs in the special session thinking

16:52 5 about seeking to move the population of a district to

16:52 6 intend to favor one political party over the other

16:52 7 does give me a significant amount of pause.

16:52 8 Also thinking about Tier 1 standards, thinking

16:52 9 about the Hispanic districts within South Florida,I

16:52 10 do have some concerns that the Hispanic community's

16:52 11 candidate of choice may not prevail in that election,

16:52 12 which, of course, is the reason to -- that we have the

16:52 13 federal Voting Rights Act in place is so that those

16:52 14 minority communities can elect a candidate of their

16:52 15 choice. So I have that concern within CP-1 with one

16:52 16 of those districts.

16:52 17 Thinking about Tier 2 concerns,I look to

16:52 18 District 20. District 20, it does keep a significant

16:53 19 number of cities whole than the 9071 map, which is a

16:53 20 positive attribute, certainly. But what gives me some

16:53 21 concern is what they do on the other end to do that

16:53 22 and create a third appendage to -- to that district.

16:53 23 That is a district, as it was stated earlier,

16:53 24 that used to extend all the way up to Ft. Pierce in

16:53 25 St. Lucie County and extend all the way into Broward

ACCURATE STENOTYPE REPORTERS, INC. J.A. 310 232

16:53 1 County.

16:53 2 And so, when that district was initially

16:53 3 drafted, even thinking about in 2012 and 2014, the

16:53 4 Legislature was very mindful to have that district

16:53 5 have as little number of appendages as possible, while

16:53 6 also allowing for the African-American community in

16:53 7 that area to elect a candidate of their choice, which

16:53 8 is why it has the appendages that it does.

16:53 9 And so chopping off a portion of an appendage

16:53 10 to create a third appendage to me is not an

16:53 11 appropriate tradeoff, even with the number of cities

16:54 12 they keep whole in that district.

16:54 13 Q How about CP-2 and CP-3?

16:54 14 A Certainly. My concerns there are very similar

16:54 15 to CP-1 in the South Florida districts there, 26 and

16:54 16 27. And forgive me,I don't have the map in front of

16:54 17 me, and I'm speaking a little off the cuff.

16:54 18 But that concern I have remains of the Tier 1

16:54 19 implications again of thinking about making a specific

16:54 20 move to a district in order to favor or disfavor a

16:54 21 political party. And I also have the concern there,

16:54 22 that Tier 1 concern that those districts may not allow

16:54 23 the Hispanic community to elect a candidate of their

16:54 24 choice.

16:54 25 Q Turning to the Romo map, if you believe that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 311 233

16:54 1 the House map is a better map, explain why.

16:54 2 A Yes. And I do.I believe that 9071 is the

16:54 3 superior map. It's a very similar concern than what I

16:54 4 said for CP-2 and 3, again, thinking about making

16:55 5 moves in a district in order to have a political

16:55 6 effect gives me a lot of pause, thinking about the

16:55 7 constitution requirements that we have to not do so,

16:55 8 and also just the ability that those districts would

16:55 9 have to elect a candidate of their choice in the

16:55 10 Hispanic communities in Districts 26 and 27 --I

16:55 11 believe it's 27, but I don't have it in front of me.

16:55 12 I don't want to --

16:55 13 Q And again, with regard to the Romo map, are

16:55 14 you aware that in Districts 21 and 22 in the Romo map,

16:55 15 the effect of their districts is to unpair two

16:55 16 Democratic Congresspersons, and Ted

16:55 17 Deutch?

16:55 18 AI am aware of that. And that also would give

16:55 19 me an extreme amount of concern. If the intent was to

16:55 20 do so, if there was a thought of having the residences

16:55 21 of incumbents pinpointed on a map and then districts

16:56 22 drawn around them in an effort to unpair them, to me

16:56 23 that's a very flagrant Tier 1 violation, to work to

16:56 24 try to favor or disfavor incumbents and political

16:56 25 parties.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 312 234

16:56 1 Q Turning to the Senate map that was passed by

16:56 2 the Senate, tell us, if you would, why you believe the

16:56 3 House map to be a better map.

16:56 4 A Certainly. And I do.I believe that 9071 is

16:56 5 the most superior map. The map there you're referring

16:56 6 to is 9062. The concern I have with 9062 is that it

16:56 7 doesn't have a consistent methodology applied

16:56 8 throughout the state as the districts are drawn.

16:56 9 What I mean specifically by that is that there

16:56 10 are areas in the base map, specifically thinking about

16:56 11 Orange County, with CD-5 having an east-west

16:56 12 configuration as mandated by the Supreme Court, that

16:56 13 left a significant population within Orange County.

16:56 14 It also let us know that Orange County's population

16:57 15 now could have a Congressional district entirely

16:57 16 within it.

16:57 17 So that was what we did in the base map, to

16:57 18 have that CD-10 there entirely within that -- within

16:57 19 that county. When I look at 9062, I know that there

16:57 20 was an effort to try to minimize the concept of

16:57 21 Hillsborough County being a donor county, having

16:57 22 multiple districts kind of chop that up in order to

16:57 23 reduce that number, which could be a laudable goal,

16:57 24 had it been done for other counties around the state,

16:57 25 especially in Central Florida. When I look at like

ACCURATE STENOTYPE REPORTERS, INC. J.A. 313 235

16:57 1 Polk County or Marion County, there was no effort to

16:57 2 try to minimize the number of times those counties

16:57 3 were split by a district.

16:57 4 And also as you move eastward, thinking about

16:57 5 Orange County, Congressional District 10 there,

16:57 6 instead of being wholly within Orange County, it does

16:57 7 then kind of splash over into Lake County, which gives

16:58 8 me that concern, knowing that Orange County has the

16:58 9 ability to have a district all within it.

16:58 10 Q With regard to Hillsborough County, whether it

16:58 11 is a donor county, in 9071 does Hillsborough County

16:58 12 have one Congressional district within it?

16:58 13 A Yes, it does. It's CD-14, the one that has

16:58 14 all of the City of Tampa.

16:58 15 Q And does it have a significant portion of

16:58 16 another Congressional district within it?

16:58 17 A Yes, it does.I believe it's 15, but don't

16:58 18 quote me on the number. But there is another district

16:58 19 there in Hillsborough County that has 53 percent of

16:58 20 the district's population being the Hillsborough

16:58 21 County portion of it. Theoretically Hillsborough

16:58 22 County, it is the majority of the district, and they

16:58 23 could drive who their representative is in Congress if

16:58 24 they choose to.

16:58 25 Q Now, turning last to the map created by the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 314 236

16:58 1 Senate chair after the special session concluded, can

16:59 2 you tell me what, if any -- what, if anything, you can

16:59 3 tell us about why 9071, in your view, is a better map?

16:59 4 A Certainly, and I do.I believe that 9071 is

16:59 5 superior to the map you just referenced, which is

16:59 6 9066. 9066, the most positive attribute to that map,

16:59 7 versus 9071, is that it does keep one more county

16:59 8 whole. It keeps Sarasota County whole, which is a

16:59 9 very good attribute.

16:59 10 But just like every other thing, any other

16:59 11 concept in redistricting, there is always a tradeoff.

16:59 12 And there are two tradeoffs that give me a little bit

16:59 13 of pause, one of which is -- and forgive me,I don't

16:59 14 know the number of the district off the top of my

16:59 15 head. But there is a district that has kind of a J

16:59 16 shape to it.

16:59 17 I definitely recognize that that J shape is

16:59 18 all whole counties. But just from that visual

16:59 19 compactness issue, it's one that, when I first looked

16:59 20 at it,I had concern over.

17:00 21 The second concern that I have is how they

17:00 22 handle -- in Hillsborough County, when you look at

17:00 23 just the county shape, it has, as it extends from the

17:00 24 west to the east, thinking about where Tampa Bay is,

17:00 25 the county boundary itself creates this tail. There

ACCURATE STENOTYPE REPORTERS, INC. J.A. 315 237

17:00 1 is a tail there.

17:00 2 And the way that that map handles that tail

17:00 3 having the district that has all of Sarasota in it,I

17:00 4 believe -- and, again, I'm not looking at it, so

17:00 5 forgive me. But it extends northward, just to grab

17:00 6 that tail, that unpopulated area within Hillsborough

17:00 7 County, and that gives me some pause.

17:00 8 Overall,I don't want to impugn the Senate or

17:00 9 anything or say anything ill of the Senate, because I

17:00 10 think they worked hard to create a good map.I just

17:00 11 personally believe that 9071 is the superior map.

17:00 12 Q Does 9071 split more or fewer cities than the

17:00 13 map you were just discussing?

17:01 14 A It splits fewer. 9066, while it does keep

17:01 15 that one county whole, it does so at the sacrifice of

17:01 16 splitting one more city.

17:01 17 MR. MEROS: Thank you. That's all I have.

17:01 18 MR. ZAKIA: Your Honor?

17:01 19 THE COURT: Yes?

17:01 20 MR. ZAKIA: Jason Zakia for the Senate.

17:01 21 CROSS EXAMINATION

17:01 22 BY MR. ZAKIA:

17:01 23 Q Good afternoon, Mr. Takacs.

17:01 24 A Good afternoon.

17:01 25 Q First,I will be like Mr. Meros. Let's start

ACCURATE STENOTYPE REPORTERS, INC. J.A. 316 238

17:01 1 at the end and work our way back.

17:01 2 A Sure.

17:01 3 Q 9066 keeps one additional county whole and

17:01 4 splits one additional city when compared to 9071;

17:01 5 correct?

17:01 6 A Yes.

17:01 7 Q And that city that is split is the City of

17:01 8 Longboat Key?

17:01 9 A Yes.

17:01 10 Q And that city is itself in two counties;

17:01 11 correct?

17:01 12 A It is. And when I was answering the question

17:01 13 before, it's just a simple account.

17:01 14 Q Right. So I understand. But I just want His

17:01 15 Honor to understand. When 9066 splits that additional

17:01 16 city, it's because it is following the county line,

17:01 17 and in this,I guess, unusual case you have a city

17:02 18 that's half in one county and half in the other;

17:02 19 right?

17:02 20 A And that is unusual, and yes.

17:02 21 Q And you would agree with me that a county

17:02 22 line -- agree with me and Mr. Poreda -- that a county

17:02 23 line is probably the best political boundary you can

17:02 24 pick in drawing a map?

17:02 25 A Most of the time, yes.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 317 239

17:02 1 Q Okay.I also want to be real clear about one

17:02 2 thing. We talked about Tier 1 concerns. It's the

17:02 3 House's position that they are not alleging there is

17:02 4 any Tier 1 defect with regard to any of the Senate

17:02 5 maps; correct?

17:02 6 A I'm not in a position to talk about any Tier 1

17:02 7 implication of the Senate.I wasn't involved in the

17:02 8 drawing of any of those maps.I can't speak to that.

17:02 9 I can't speak --

17:02 10 MR. ZAKIA: May I approach, Your Honor? I'm

17:02 11 sorry. We didn't get our video stuff hooked up.

17:02 12 We will switch over when the House is done.

17:02 13 Your Honor, this is Senate Exhibit 31, which I

17:03 14 believe has been previously admitted into evidence.

17:03 15 BY MR. ZAKIA:

17:03 16 Q If you will look -- do you see this document,

17:03 17 sir?

17:03 18 AI do.

17:03 19 Q Okay. Have you ever seen it before?

17:03 20 A Yes.

17:03 21 Q Okay. It's the Florida House of

17:03 22 Representatives' objection to the Florida Senate

17:03 23 proposed remedial plan; right?

17:03 24 A That's my understanding.

17:03 25 Q If you will look at page 5, it's signed by

ACCURATE STENOTYPE REPORTERS, INC. J.A. 318 240

17:03 1 your counsel on behalf of the House and the Speaker?

17:03 2 A Page 5, yes.

17:03 3 Q Okay. And if you turn, please, sir, to page

17:03 4 2, paragraph 2.

17:03 5 A Okay.

17:03 6 Q I just want to make sure we're all on the same

17:03 7 page,I guess literally and figuratively.

17:03 8 "To be clear, the House does not impugn or

17:03 9 question the intent of the Senate, period."

17:03 10 Do you see that sentence?

17:03 11 AI do.

17:03 12 Q Do you agree with that sentence?

17:03 13 AI do. That's consistent with my testimony a

17:03 14 few moments ago.

17:03 15 Q Okay. It does not impugn or question the

17:03 16 intent of any individual Senator; do you agree with

17:03 17 that, sir?

17:03 18 A Yes.

17:03 19 Q "The House does not contend that the Senate or

17:03 20 any Senator drew plan 9062 or plan 9066 with an intent

17:04 21 to favor or disfavor a political party or an

17:04 22 incumbent."

17:04 23 Do you see that, sir?

17:04 24 AI do, yes.

17:04 25 Q Do you agree with that?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 319 241

17:04 1 A Yes,I do.

17:04 2 Q Okay. And so I guess the other Tier 1

17:04 3 concerns are contiguity? Contiguity?

17:04 4 A Contiguity, sure.

17:04 5 Q And you don't contend that the Senate plans

17:04 6 have noncontiguous districts?

17:04 7 AI don't.

17:04 8 Q And retrogression, you don't contend that the

17:04 9 Senate plans retrogress the ability of any minority

17:04 10 group to elect their candidate of choice; right?

17:04 11 AI don't, no.

17:04 12 Q Okay. So you do not contend that any of the

17:04 13 Senate plans have any Tier 1 problems whatsoever;

17:04 14 right?

17:04 15 A As I said,I don't have the ability to contend

17:04 16 if there is a Tier 1, thinking about the other aspect

17:04 17 of Tier 1 as far as favoring or disfavoring a

17:04 18 political party or an incumbent.I simply don't have

17:04 19 the ability to make that determination.

17:04 20 Q And as you sit here today, you're not alleging

17:04 21 or contending or asserting that the Senate drew any

17:05 22 plan with the intent to benefit or favor or disfavor

17:05 23 any party or incumbent; right?

17:05 24 AI am not.

17:05 25 Q Okay. So after we get by Tier 1, we have

ACCURATE STENOTYPE REPORTERS, INC. J.A. 320 242

17:05 1 Tier 2. Tier 2 is following geographic and political

17:05 2 boundaries?

17:05 3 A Again, as well assuming that every factor of

17:05 4 Tier 1 has been satisfied --

17:05 5 Q You're not alleging otherwise with regard --

17:05 6 A Correct. I'm not alleging otherwise. I'm

17:05 7 just saying I can't satisfy one of those requirements

17:05 8 of Tier 1.

17:05 9 Q No. We're going to do that with our own

17:05 10 witnesses.I just want to make sure I understand the

17:05 11 House's objections.

17:05 12 A Sure. Certainly.

17:05 13 Q Okay. So once we get by Tier 1 --

17:05 14 A These are my objections,I should add. Sorry

17:05 15 to interrupt.I speak for myself.

17:05 16 Q Fair point. Thank you, sir, for the

17:05 17 clarification. Let me make just sure that I have

17:05 18 covered that. We read some statements about positions

17:05 19 of the House. You personally, Mr. Takacs, don't have

17:05 20 a different view with regard to any of the issues that

17:05 21 we just read --

17:05 22 A Correct. That is correct, yes, sir.

17:05 23 Q So once we put Tier 1 aside, we have to look

17:05 24 at Tier 2, and the Tier 2 concerns are compactness;

17:05 25 yes?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 321 243

17:05 1 A Yes.

17:05 2 Q And respecting political and geographic

17:06 3 boundaries; right?

17:06 4 A Yes.

17:06 5 Q Did I miss any, or did I get them?

17:06 6 A You got them.

17:06 7 Q Okay. And would you agree with me, sir, that

17:06 8 plans 9071, the House plan, and 9062 and 9066 are

17:06 9 effectively the same with regard to compactness?

17:06 10 A Yes, they are similar in numeric compactness.

17:06 11 Again,I mentioned that the one district that gave me

17:06 12 concern from a visual perspective. But metrically,

17:06 13 yes, they're very similar.

17:06 14 Q Okay. The district that you mentioned with

17:06 15 visual compactness in 9066, which you said was -- you

17:06 16 don't remember the number, but a J shaped district?

17:06 17 A Yes.

17:06 18 Q Okay. And that was a district made out

17:06 19 entirely of Polk County?

17:06 20 A Correct.

17:06 21 Q Respecting county boundaries is consistent

17:06 22 with the Tier 2 requirements of the constitution;

17:06 23 right?

17:06 24 A Yes. Again, you can't think about those

17:06 25 things solely in isolation. But, yes, obviously

ACCURATE STENOTYPE REPORTERS, INC. J.A. 322 244

17:06 1 following county boundaries is a part of the

17:07 2 constitution. Again, when you think about all of the

17:07 3 Tier 2 issues of compactness and county lines and city

17:07 4 lines, there is definitely a balancing act there of

17:07 5 all of those together.

17:07 6 Q And you would agree with me that the metrics

17:07 7 that you've used and that are generally acceptable

17:07 8 with regard to determining Tier 2 compliance are the

17:07 9 number of city splits, the number of county splits,

17:07 10 the number of counties, those were all metrics that

17:07 11 you used to determine compliance with --

17:07 12 A Yes.

17:07 13 Q Okay. And we talked about --

17:07 14 A Not in isolation. But, yes, those are

17:07 15 metrically evaluated.

17:07 16 Q You agree with Mr. Poreda, who testified that

17:07 17 he thought 9066 was a good map?

17:07 18 A Generally.

17:07 19 Q Are you one of the colleagues that he referred

17:07 20 to when he said he informed his colleagues that he

17:07 21 thought it was a good map?

17:07 22 A Excuse me. Yes.

17:07 23 Q Now, you talked about consistent methodology,

17:07 24 and I just want to make sure I understand.I believe

17:07 25 you said that there was an effort by the Senate to

ACCURATE STENOTYPE REPORTERS, INC. J.A. 323 245

17:08 1 reduce the number of times Hillsborough County was

17:08 2 split; right?

17:08 3 A Yes.

17:08 4 Q Okay. And you had a concern about -- well,

17:08 5 that by itself could be a laudable goal I think you

17:08 6 said; right?

17:08 7 AI did.

17:08 8 Q There is certainly nothing wrong with trying

17:08 9 to reduce county splits?

17:08 10 A And just to be -- just to make sure that we're

17:08 11 correct, thinking about the phrase "county split,"

17:08 12 what I believe you're referring to is the number of

17:08 13 times a county is split by districts, not the other

17:08 14 way around, where it's just like counties whole versus

17:08 15 counties not whole.

17:08 16 Q Yeah. Just to make sure we stay on the same

17:08 17 page,I'll tell you the terminology. If you disagree

17:08 18 with it, I'm happy to utilize yours.

17:08 19 A Sure.

17:08 20 Q So the number of times counties are split,I

17:08 21 refer to county splits, and the number of times

17:08 22 counties are kept whole,I refer to that as split

17:08 23 counties. Is that --

17:08 24 AI will try to keep up with you --

17:08 25 Q If you have a preference, I'd be happy to --

ACCURATE STENOTYPE REPORTERS, INC. J.A. 324 246

17:08 1 AI just --

17:08 2 Q Whatever you like.

17:08 3 A Just the number of times a county is split by

17:08 4 a district,I like to spell that all the way out, just

17:08 5 so that everyone is clear, even when we've had those

17:08 6 discussions for years.

17:09 7 Q Fair enough. So you would agree with me, sir,

17:09 8 that reducing the number of times a county is --

17:09 9 sorry -- a county is split in two districts is a

17:09 10 laudable goal?

17:09 11 A Yes, if applied throughout the state, yes.

17:09 12 Q I want to understand that. So I think you

17:09 13 said that part of your concern is if you're going to

17:09 14 do that in Hillsborough, you've got to do that

17:09 15 everywhere else?

17:09 16 A When the -- the population and the mathematics

17:09 17 of the population would allow for that, yes.

17:09 18 Q I'm sorry. You know a lot more about this

17:09 19 than me, so I--

17:09 20 A Certainly.

17:09 21 Q When you say -- when the mathematics of the

17:09 22 population would allow you to reduce the number of

17:09 23 times that county is split into districts, what do you

17:09 24 mean by that?

17:09 25 A As you're working to draw a map, and you look

ACCURATE STENOTYPE REPORTERS, INC. J.A. 325 247

17:09 1 at the different county populations, and you can't

17:09 2 look at those county populations in isolation all the

17:09 3 time; you have to look at the population figures of

17:09 4 the counties around it.

17:10 5 And sometimes there is an impact based on,

17:10 6 again, when you're thinking about a Congressional

17:10 7 district, where we're drawing a district that's plus

17:10 8 or minus one person, you know, over 696,000 people.

17:10 9 So sometimes you have to look at counties together and

17:10 10 also try to look at them in isolation --I know that's

17:10 11 a hard thing to truly explain, but that's what I mean

17:10 12 as far as like, as an example, in Orange County,

17:10 13 again, thinking about the configuration of the

17:10 14 east-west CD-5 that the Supreme Court mandated, what

17:10 15 was left there, we knew that Orange County had the

17:10 16 population to keep a district wholly within it.

17:10 17 And so that was something that was done in

17:10 18 other areas of that map as well. When you look at 21,

17:10 19 21 is wholly within Palm Beach. When you look at 14,

17:10 20 14 is wholly within Hillsborough.

17:10 21 Q Well, let me make sure I understand, because I

17:10 22 had interpreted that to be two different concerns, so

17:10 23 let me explore that with you a little bit.I thought

17:10 24 it was separate and apart, but you tell me.

17:10 25 I thought you said one of your concerns was

ACCURATE STENOTYPE REPORTERS, INC. J.A. 326 248

17:11 1 that you wanted certain districts to have counties

17:11 2 wholly within it. And then another concern was that

17:11 3 there was no consistent methodology with regard to the

17:11 4 Senate's effort to reduce the number of times

17:11 5 Hillsborough County was split into districts.

17:11 6 Were those the same concern or different

17:11 7 concerns?

17:11 8 AI want to make sure I follow you, so --

17:11 9 Q Sure.

17:11 10 A-- let me understand that.

17:11 11 I think that the concern that I have is that

17:11 12 when the base map was crafted, and it was out

17:11 13 before -- for the Legislature and the ability to be

17:11 14 amended by members of the Legislature, the thought

17:11 15 pattern that led to the creation of 9062 was to focus

17:11 16 on one particular county's -- the number of times it's

17:11 17 split by a district. And, again, so that thought

17:11 18 process, that methodology, was not applied throughout

17:11 19 the remainder of the map, again, thinking about

17:11 20 apportionment 1 when I--

17:12 21 Q I'm sorry.I don't mean to cut you off,I

17:12 22 just --I want to make sure I follow.

17:12 23 MR. MEROS: Objection, Your Honor. Can he

17:12 24 finish his answer?

17:12 25 MR. ZAKIA:I just don't want to lose the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 327 249

17:12 1 thing he expressed so that we don't get confused.

17:12 2 BY MR. ZAKIA:

17:12 3 Q You said that they --

17:12 4 THE COURT:I didn't understand his question,

17:12 5 the terminology he is using, so I'll let him

17:12 6 interrupt.

17:12 7 MR. ZAKIA: Okay. I'm sorry. I'm really not

17:12 8 trying to be difficult.

17:12 9 BY MR. ZAKIA:

17:12 10 Q Did you say that when the base map was

17:12 11 created, reducing the number of times the county was

17:12 12 split into districts, was or was not part of your

17:12 13 methodology?

17:12 14 A Yeah, and let me explain that in detail, as

17:12 15 best I can.

17:12 16 Thinking about the methodology that led to the

17:12 17 creation of the base map, what we did was, we kept

17:12 18 counties whole as often as we could. And sometimes

17:12 19 there are -- there is a county where it has to be

17:12 20 split, based on its population, based on other

17:12 21 factors.

17:12 22 And what we did in the creation of the base

17:12 23 map was that we would allow for those particular

17:12 24 counties and the populations therein to allow for as

17:12 25 many counties that could be kept whole as possible, as

ACCURATE STENOTYPE REPORTERS, INC. J.A. 328 250

17:13 1 opposed to I think what we were talking about here is

17:13 2 that if you had two counties that were next to each

17:13 3 other, and one was split three ways, and one was split

17:13 4 no ways, that maybe you could reduce the split of

17:13 5 three to two by making this one go from zero to one.

17:13 6 That was not the methodology that we used in

17:13 7 the creation of the base map.

17:13 8 Q So the methodology that you used was to

17:13 9 maximize the number of the -- of counties that were

17:13 10 kept whole?

17:13 11 A Yes.

17:13 12 Q Okay. And am I correct, sir, that plan 9062,

17:13 13 the map that passed the Senate; and plan 9071, the map

17:13 14 that passed the House, had the identical number of

17:13 15 counties kept whole?

17:13 16 AI believe so, but I don't it have in front of

17:13 17 me to compare it, but, yes,I believe so. But, again,

17:13 18 kind of going further into that, there is this concept

17:13 19 of when the population allows for a district to be

17:13 20 wholly within a county --

17:13 21 Q I don't want to interrupt.I want to take

17:14 22 baby steps. This is complicated stuff. So they have

17:14 23 9062, 9071, same number of whole counties, and that

17:14 24 was the methodology that you used in drawing a base

17:14 25 map; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 329 251

17:14 1 A Not entirely.

17:14 2 Q Part of your methodology was to maximize the

17:14 3 number of counties kept whole;I thought that was what

17:14 4 you just said.

17:14 5 A Well, right. What I was about to go on to say

17:14 6 was that a part of that was also keeping districts

17:14 7 wholly within a county when possible --

17:14 8 Q I just want to get to that --

17:14 9 MR. MEROS: Your Honor,I apologize. He's

17:14 10 jumping right in the middle of what he's saying.

17:14 11 MR. ZAKIA: Your Honor, I'm just trying to get

17:14 12 one question answered at a time.

17:14 13 THE COURT: Well, and I think I understand the

17:14 14 different concepts, and I don't know that the

17:14 15 witness and the attorney are on the same

17:14 16 wavelength.

17:14 17 Why don't you start over, and let's make sure

17:14 18 that everybody understands what you're talking

17:14 19 about. And I think there is a difference between

17:14 20 having a district that's totally within one county

17:14 21 and trying to keep a county complete -- you know,

17:14 22 within a district whole, not split.

17:14 23 MR. ZAKIA: Right. And I'm just trying to

17:15 24 deal with those one at a time.

17:15 25 THE COURT: Okay.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 330 252

17:15 1 THE WITNESS: And we were trying to deal with

17:15 2 them both.I just want to make sure --

17:15 3 BY MR. ZAKIA:

17:15 4 Q Okay. We'll talk about them both.I just

17:15 5 want to talk first about keeping counties whole.

17:15 6 Okay?

17:15 7 A Sure.

17:15 8 Q That was part of your method?

17:15 9 A Yes.

17:15 10 Q Maximizing the number of counties kept whole?

17:15 11 A Yes.

17:15 12 Q Okay. 9062 and 9071 keep the same number of

17:15 13 counties?

17:15 14 A That's my understanding, yes.

17:15 15 Q 9066 keeps one additional county whole as

17:15 16 compared to 9071?

17:15 17 A That is correct.

17:15 18 Q Now, the other part of your methodology that

17:15 19 you mentioned was keeping districts wholly within

17:15 20 counties when you were able. Right?

17:15 21 A Excuse me. Yes.

17:15 22 Q And just so that I understand, that's not a

17:15 23 constitutional requirement; right?

17:15 24 A That in isolation is not, but, again, looking

17:15 25 back at apportionment 1, when the Supreme Court upheld

ACCURATE STENOTYPE REPORTERS, INC. J.A. 331 253

17:15 1 the State House districts, the methodology that we

17:15 2 chose to use consistently applied throughout the map

17:15 3 was a part of their factoring into, as they mentioned

17:16 4 in the way they validated the State House map.

17:16 5 Q Right. I'm sorry, just so that I'm clear,

17:16 6 keeping a district -- sorry -- keeping a district

17:16 7 wholly within a county, the constitution doesn't

17:16 8 require that to be done; right?

17:16 9 A Well, the constitution does say that we need

17:16 10 to respect political and geographic boundary lines.

17:16 11 And so I would --I would actually argue that keeping

17:16 12 a district wholly within a county is the way you could

17:16 13 respect that county line as much as possible if it

17:16 14 cannot be kept whole based on its population.

17:16 15 Q So your -- just so I understand your position,

17:16 16 is that keeping districts wholly within a county is

17:16 17 required under Tier 2?

17:16 18 AI would argue that consistently when possible,

17:16 19 keeping districts wholly within a county is a

17:16 20 methodology that is consistent with the constitution.

17:17 21 Q The district that you're concerned of with

17:17 22 respect to 9062 that's not kept wholly within the

17:17 23 county, but which is in 9071 is District 10?

17:17 24 A Yes.

17:17 25 Q And in 9066, the second Senate plan, District

ACCURATE STENOTYPE REPORTERS, INC. J.A. 332 254

17:17 1 10 is kept wholly within Orange County?

17:17 2 A That's my understanding.

17:17 3 Q And that's consistent with the methodology

17:17 4 that you followed in drawing the base map?

17:17 5 A Yes.

17:17 6 Q Now, in -- during Mr. Poreda's testimony --

17:17 7 you were here for that; right?

17:17 8 A Yes.

17:17 9 Q Okay.I think I remember there was an

17:17 10 instance in which we looked at one of the draft maps,

17:17 11 and in a draft -- Marion County had been split into

17:17 12 four different Congressional districts?

17:17 13 A Right.

17:17 14 Q Do you remember that?

17:17 15 A Yes.

17:17 16 Q And one of the things that the map drawer did

17:17 17 is they were able to reduce that from splitting it

17:17 18 into four different districts to three different

17:17 19 districts; is that right?

17:17 20 A That's correct.

17:17 21 Q And that was a good thing; right?

17:18 22 A It was, although that wasn't the motivation

17:18 23 for that particular draft. It was what the effect of

17:18 24 that would have on the other counties and cities

17:18 25 around the map. Again, when thinking about

ACCURATE STENOTYPE REPORTERS, INC. J.A. 333 255

17:18 1 Mr. Poreda's testimony, we were in a process of

17:18 2 exploring how to maximize the number of keeping

17:18 3 counties and cities whole in that drafting process.

17:18 4 And so as we were exploring, there was an

17:18 5 option there that would have Marion County split four

17:18 6 ways versus three ways. But that didn't have a

17:18 7 positive impact.

17:18 8 That fourth split, as we found, didn't have a

17:18 9 positive effect in other areas of the map as it

17:18 10 relates to keeping counties and cities whole as well

17:18 11 as drawing a compact map.

17:18 12 Q Okay. But you did elect to go with the draft

17:18 13 which reduced the number of times Marion County was

17:18 14 split into three districts instead of four districts;

17:18 15 right?

17:18 16 A Yes, because of the benefits of having other

17:18 17 areas of the map. Had that fourth cut been to the

17:18 18 benefit of other counties or cities throughout the

17:18 19 map -- again,I can't speak for my fellow map

17:19 20 drawers -- but that would have been something we would

17:19 21 have weighed even more significantly than we did.

17:19 22 But there just wasn't that positive attribute

17:19 23 that we found in that fourth splitting of Marion

17:19 24 County.

17:19 25 Q Okay. So with regard to the split of Marion,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 334 256

17:19 1 you reduced that from four to three; yeah?

17:19 2 A The base map has three.

17:19 3 Q Right. And the base map has four splits to

17:19 4 Hillsborough County?

17:19 5 A Yes.

17:19 6 Q And so the decision to reduce the split to

17:19 7 Marion, but not to Hillsborough, was in no way

17:19 8 inconsistent with the methodologies that you were

17:19 9 applying in that case; right?

17:19 10 A That is accurate, that as far as the concept

17:19 11 of keeping the district wholly within Hillsborough

17:19 12 County was a recognition of that population within

17:19 13 that county. We then went further and kept all of

17:19 14 Tampa whole within that district, and -- as well as in

17:19 15 keeping a district wholly within Orange County --

17:19 16 Q Right.

17:19 17 A-- in the map.

17:19 18 Q I'm sorry.I just want to make sure I

17:19 19 understand that the decision to reduce the number of

17:20 20 times Marion was split while leaving the number of

17:20 21 times Hillsborough was split was not inconsistent with

17:20 22 that policy, in that case; right?

17:20 23 A That is correct. Because of, again, the

17:20 24 benefits that the other areas of the map would have by

17:20 25 the splitting of a county that's already split.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 335 257

17:20 1 Q Last question.I think one of the other

17:20 2 concerns you expressed with respect to the Senate map

17:20 3 is that there was an unpopulated portion of Tampa Bay?

17:20 4 A Uh-huh.

17:20 5 Q I'm sorry.I forget. What district was that?

17:20 6 A Forgive me,I don't have a map in front of me,

17:20 7 so I don't want to give a wrong number.I just recall

17:20 8 as I reviewed the various maps that tail being a

17:20 9 concern. Forgive me.

17:20 10 Q One of your concerns is where that tail was

17:20 11 included?

17:20 12 A Uh-huh.

17:20 13 Q So I'm correct, sir, that there are no people

17:20 14 that live in that tail; right?

17:20 15 A That is correct. But it is an incursion into

17:20 16 that county to grab an unpopulated area.I would

17:20 17 assume that was for a compactness benefit. But that

17:20 18 is an intrusion into a county to grab an unpopulated

17:21 19 area.

17:21 20 Q Right about the --

17:21 21 A Crossing water.

17:21 22 Q -- no people live there?

17:21 23 A But there is water there, yes; right.

17:21 24 Q Water, no people?

17:21 25 AI believe it's unpopulated.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 336 258

17:21 1 MR. ZAKIA: Okay. Thank you.

17:21 2 No further questions, Your Honor.

17:21 3 THE COURT: If I don't hear from Ms. Riggs --

17:21 4 she's hiding from me. If she doesn't stand up, I'm

17:21 5 going to assume she doesn't have any questions.

17:21 6 Going over to the plaintiffs.

17:21 7 CROSS EXAMINATION

17:21 8 BY MR. ZEHNDER:

17:21 9 Q Good afternoon, Mr. Takacs.

17:21 10 A Good afternoon.

17:21 11 Q Did you review apportionment 7 before you got

17:21 12 together with your colleagues to begin work on the

17:21 13 base map?

17:21 14 A Yes.

17:21 15 Q I presume you read that opinion very

17:21 16 carefully?

17:21 17 AI did.

17:21 18 Q You wanted to assure yourself that you

17:21 19 understood the problems with the districts that the

17:21 20 Court had identified; right?

17:21 21 A Yes. And how to fix them, yes.

17:21 22 Q Exactly. You wanted to make sure you

17:21 23 understood the violations the Court had found and the

17:22 24 instructions that the Court had made to ensure that

17:22 25 those violations were correct --

ACCURATE STENOTYPE REPORTERS, INC. J.A. 337 259

17:22 1 A Yes.

17:22 2 Q -- right?

17:22 3 A Uh-huh.

17:22 4 Q And so with respect to Districts 26 and 27,

17:22 5 you read the section of the opinion very carefully

17:22 6 about that; correct?

17:22 7 AI did.

17:22 8 Q You understood that the Supreme Court

17:22 9 invalidated that configuration in 9047, because it

17:22 10 concluded that using the tool of splitting Homestead,

17:22 11 the Legislature had drawn those districts in a way

17:22 12 that improved Republican performance in CD-26; right?

17:22 13 AI believe so, and I believe they believed

17:22 14 there was an intent to that, yes.

17:22 15 Q Right. And they talked about the impact

17:22 16 politically of splitting Homestead in that situation,

17:22 17 that it turned one Republican-performing district and

17:22 18 one Democrat-performing district into two Republican

17:22 19 leaning districts; correct?

17:22 20 A Yes.

17:22 21 Q And so when you drew the alternative fixes for

17:22 22 that by putting Homestead whole in CD-26 in one

17:22 23 version and Homestead whole in CD-27 in the other, did

17:22 24 you look at the performance result of those two

17:23 25 configurations?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 338 260

17:23 1 A Only after they were drawn for functional

17:23 2 analysis purposes.

17:23 3 Q And so once you did that, you realized, now we

17:23 4 have drawn two different options that further increase

17:23 5 Republican performance in CD-26; correct?

17:23 6 A That's incorrect.I-- when looking at the

17:23 7 data that we had produced after creating those drafts,

17:23 8 thinking about keeping Homestead whole, what we were

17:23 9 looking for there was to make sure that both of the

17:23 10 districts in both of the drafts could allow the

17:23 11 Hispanic community there to elect a candidate of their

17:23 12 choice.

17:23 13 We did not --I did not, and I believe my

17:23 14 other map drawers did not as well -- compare that data

17:23 15 to the data that had been in the previously-enacted

17:23 16 map, 9057, so I did not know that.

17:23 17 Q You knew that in apportionment 7 the Supreme

17:23 18 Court set out in the opinion what the political

17:23 19 performance was of CD-26 and 27 under 9047; right?

17:24 20 AI did.

17:24 21 Q And it did that because it was illustrating

17:24 22 how the Homestead split had effectuated that increase

17:24 23 in Republican performance in CD-26; right?

17:24 24 A Correct. Which is what led to their mandate

17:24 25 of remedying that by keeping Homestead whole, yes.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 339 261

17:24 1 Q When you drew the two configurations you drew,

17:24 2 and you saw that CD-26 performed worse for Democrats

17:24 3 than the configuration that the Court invalidated,

17:24 4 it's your testimony you didn't understand what that

17:24 5 meant?

17:24 6 AI didn't look at that data. As I said before,

17:24 7 we did no comparison of the base map drafts to 9057.

17:24 8 What we were looking at there when we created those

17:24 9 reports was to assess to make sure that those

17:24 10 districts could allow the Hispanic community to elect

17:24 11 a candidate of their choice.

17:24 12 Q So when was the first time that you learned

17:24 13 that the configurations you had drawn of 26 and 27

17:24 14 performed better for Republicans in CD-26 than 9047?

17:24 15 AI believe -- and forgive me; I'm trying to go

17:25 16 back in my mind --I believe I was aware of the letter

17:25 17 that the plaintiffs had sent to the Legislature that

17:25 18 they had concerns with 26 and 27. And I just can't

17:25 19 remember the specific date.

17:25 20 But it was well after the base map had been

17:25 21 drawn and created and when we were in the legislative

17:25 22 process,I was made aware of that letter with that

17:25 23 information in it.

17:25 24 Q But took no action to address the issues in

17:25 25 the letter; correct?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 340 262

17:25 1 A That is correct, because my fear was, was that

17:25 2 if we had done so specifically to try to include

17:25 3 Republicans or Democrats into this district or that

17:25 4 district, the fear that I had was that then we would

17:25 5 be intending to favor or disfavor a political party.

17:25 6 And thinking about political data as we draw

17:25 7 lines is never a part of what we do with that one

17:25 8 exception of -- of thinking about the minority

17:25 9 communities in the various districts to allow them to

17:25 10 elect a candidate of their choice.

17:25 11 Q Mr. Takacs, were you ever a part of any

17:25 12 discussions with your colleagues or with the lawyers

17:26 13 who were involved in the drawing of the base map about

17:26 14 whether those discussions ought to be transcribed,

17:26 15 should there be a written record of them?

17:26 16 A No,I was not.

17:26 17 Q So is it as far as you know, then, correct

17:26 18 that at no time nobody ever talked about whether it

17:26 19 would be a good idea to have a court reporter there

17:26 20 recording what the discussions about the base map --

17:26 21 AI don't believe so, no.

17:26 22 Q -- consisted?

17:26 23 A But I-- again,I wasn't a party to those

17:26 24 conversations, so I don't know if there were any.

17:26 25 Q You remember the Supreme Court opinion in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 341 263

17:26 1 apportionment 7 encouraging the Legislature to record

17:26 2 nonpublic meetings; right?

17:26 3 AI do.

17:26 4 Q You were asked what you thought the best map

17:26 5 was among the options that are before Judge Lewis.

17:26 6 And I think you said 9071 was the best map; right?

17:26 7 A Yes.

17:26 8 Q That's the House map?

17:26 9 A Yes.

17:26 10 Q And you work for the House; right?

17:26 11 AI do.

17:26 12 Q And then you also talked about some problems

17:26 13 that you think CP-1 suffers from; right?

17:26 14 A Yes.

17:27 15 Q And you identified,I think, concerns with the

17:27 16 origin, concerns with 26 and 27 and whether they

17:27 17 retrogress. You had some Tier 2 concerns with CD-20

17:27 18 with the third appendage.

17:27 19 A Uh-huh.

17:27 20 Q And then you talked about CP-2 and CP-3;

17:27 21 right?

17:27 22 A Yes.

17:27 23 Q So with respect to the retrogression issue in

17:27 24 CD-26, you understand that when the Legislature drew

17:27 25 9047 and 9057 and drew CDs 26 and 27, it would have

ACCURATE STENOTYPE REPORTERS, INC. J.A. 342 264

17:27 1 done a functional analysis to ensure that those

17:27 2 district configurations preserve the Hispanic ability

17:27 3 to elect and didn't retrogress; right?

17:27 4 A That's correct. We as staff would do a very

17:27 5 high level functional analysis of the districts there.

17:27 6 And, again, thinking about the complexity of the

17:27 7 voting patterns and all the things in Miami-Dade

17:27 8 County we would have Dr. Moreno review districts as

17:28 9 well after they were completed.

17:28 10 Q Right. And, in fact, Dr. Moreno did review

17:28 11 those configurations and offered an opinion that they

17:28 12 did perform for Hispanics; correct?

17:28 13 A I'm sorry, which districts are you referring

17:28 14 to?

17:28 15 Q 26, 27, and 25 in 9047 and 9057?

17:28 16 A Yes, he did, yes.

17:28 17 Q So would you agree with me that if those same

17:28 18 districts are drawn in another map with very similar

17:28 19 percentages of HVAP and percent of Hispanics, you

17:28 20 know, that are Democrats and percentage of Hispanics

17:28 21 that are registered voters and percentage of Hispanics

17:28 22 in the turnout, if those percentages are all very,

17:28 23 very similar than the same percentages in 9047 and

17:28 24 9057, then those other districts should perform just

17:28 25 like they do in 9047 and 9057; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 343 265

17:28 1 A Not necessarily. And then the reason I say

17:28 2 that is that from that high level analysis that we

17:28 3 would have done, that may be correct and accurate.

17:28 4 But, again, not knowing the detail of the -- of the

17:29 5 voting patterns that Dr. Moreno does,I don't know if

17:29 6 there is something that would come out from that

17:29 7 research and those voting patterns that would allow

17:29 8 them to not perform.

17:29 9 Q Right. So utilizing Dr. Moreno's methodology,

17:29 10 if the percentages that he's analyzing between the

17:29 11 districts are virtually the same, you wouldn't expect

17:29 12 a different result in terms of performance; would you,

17:29 13 sir?

17:29 14 AI would expect Dr. Moreno to review all of the

17:29 15 specific data as it relates to the district, not just

17:29 16 a single data point in isolation. So I can't speak

17:29 17 for him, but I would expect, you know, that full

17:29 18 detailed analysis that he's so qualified to do and,

17:29 19 frankly,I am not.

17:29 20 Again,I can do the high level analysis. But

17:29 21 it would be his expertise that would be needed to come

17:29 22 in.

17:29 23 Q With respect to CD-20 you talked about the

17:29 24 fact that the House was concerned about adding a third

17:29 25 appendage; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 344 266

17:29 1 A Yes,I am.

17:30 2 Q You understand that CP-1, the compactness

17:30 3 scores are the same for CD-20 as they are in 9071;

17:30 4 right?

17:30 5 AI am.

17:30 6 Q And you understand that the configuration of

17:30 7 CD-20 and CP-1 picks up or splits several less cities

17:30 8 than it does in 9071; correct?

17:30 9 AI would. And thinking about the compactness

17:30 10 there that you mentioned, again, that's where that

17:30 11 visual compactness can come into play. Sometimes you

17:30 12 can look at two districts that are metrically

17:30 13 identical, but one can have an extra portion of it or

17:30 14 another attribute to it that would give it concern,

17:30 15 and that was what I had here with CP-1's CD-20.

17:30 16 Q Did you look at CP-1's South Florida

17:30 17 configuration to see if there were any things that

17:30 18 were better than the South Florida configuration in

17:30 19 9071?

17:30 20 A Well, certainly.I mean, when you look at a

17:30 21 map, you look at all of the positive and negative

17:30 22 attributes of it, certainly, yes. And then,

17:30 23 obviously, thinking about CP-1, you know, as you just

17:31 24 mentioned, keeping seven more cities whole,I think

17:31 25 that was number 7, is a positive attribute, certainly.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 345 267

17:31 1 Q And it's also positive that the compactness

17:31 2 scores, all three compactness scores for District 22,

17:31 3 are better in CP-1 than they are in 9071; correct?

17:31 4 A Again, in isolation, yes. But, again,

17:31 5 obviously thinking about the Tier 1 concerns that

17:31 6 would be there as far as favoring -- favoring or

17:31 7 disfavoring a political party or an incumbent as well

17:31 8 as allowing the minority communities to elect a

17:31 9 candidate of their choice would trump those Tier 2

17:31 10 requirements.

17:31 11 Q That wouldn't apply to 22, though; right?

17:31 12 A To 22? I'm sorry.

17:31 13 Q District 22.

17:31 14 A I'm trying to visualize in my mind -- CP-1, is

17:31 15 that the more stacked version, or is that the --

17:31 16 Q Yes.

17:31 17 A Okay. Then, yes, that is more compact than

17:31 18 the other alternative.

17:31 19 Q And it's certainly better that District 23 in

17:31 20 CP-1 is more compact on all three metric scores than

17:31 21 District 23 in 9071; right?

17:32 22 A In isolation that can be a positive attribute.

17:32 23 Again, you have to look at a map or a region of a map

17:32 24 in its totality. But in isolation, yes.

17:32 25 Q And District 24, the fact that it's more

ACCURATE STENOTYPE REPORTERS, INC. J.A. 346 268

17:32 1 compact in all three measures than District 24 in 9071

17:32 2 is a good thing; right?

17:32 3 A It would -- forgive me.I don't know which

17:32 4 District 24 is.I don't have any of that material in

17:32 5 front of me --

17:32 6 MR. ZEHNDER: May I approach, Your Honor?

17:32 7 THE COURT: Yes, sir.

17:32 8 BY MR. ZEHNDER:

17:32 9 Q District 24 here.

17:32 10 A Yes. Certainly, when you look at 24, that is

17:32 11 a majority minority African-American district. So

17:32 12 just looking at the actual map, that would be

17:32 13 something you would have to look at to make sure it

17:32 14 would still perform for the African-American community

17:32 15 and their candidate of choice. But, again, in

17:32 16 isolation by itself, that is a positive attribute if

17:32 17 it --

17:32 18 Q And -- sorry.

17:32 19 A Sure. If it performs under those Tier 1

17:33 20 standards.

17:33 21 Q You're, of course, as you sit here, not aware

17:33 22 of any performance problem in terms of the

17:33 23 African-Americans' ability to elect in CP-1's version

17:33 24 of District 24; right?

17:33 25 AI am not.I have not done an extensive review

ACCURATE STENOTYPE REPORTERS, INC. J.A. 347 269

17:33 1 of that, but I do not.

17:33 2 Q And finally, it would be a good thing, and it

17:33 3 is a good thing, that District 27 in CP-1 is more

17:33 4 compact on all three scores than District 27 in 9071;

17:33 5 right?

17:33 6 A Yes. In isolation, again, that would be.

17:33 7 But, again,I have to stress that, when you look at a

17:33 8 region, you have to look at the totality of the

17:33 9 region, making sure that districts perform for the

17:33 10 candidate of their choice in the federally protected

17:33 11 districts and looking at the overall region of the

17:33 12 map.

17:33 13 So, again, a district in isolation can

17:33 14 sometimes sound good but can be to the detriment of

17:33 15 something else that is a Tier 1 factor.

17:33 16 Q As you say, looking at these districts in the

17:33 17 same region altogether, and they are, one after

17:33 18 another, the fact that every one of them is more

17:33 19 compact than 9071 is a good thing; right?

17:34 20 A It is, again, in isolation. But what can

17:34 21 happen to the south of those districts affects what

17:34 22 happens to the rest of those districts. Yes, they are

17:34 23 all in a line. But, again, thinking about 21 and 22

17:34 24 and the minority communities there, which led us to

17:34 25 that kind of choice between the vertical districts and

ACCURATE STENOTYPE REPORTERS, INC. J.A. 348 270

17:34 1 more of the stacked districts, there is not a lot of

17:34 2 room to play with where the minority districts are.

17:34 3 It is quite possible that a move in Miami-Dade

17:34 4 County up there with District 27 could impact a

17:34 5 district, you know, like a District 23, as an example.

17:34 6 Q And are you aware of any of those kinds of

17:34 7 concerns with CP-1?

17:34 8 A Well,I do have some Tier 1 concerns that it

17:34 9 may not elect a candidate of choice for the Hispanic

17:34 10 community in that area, yes.

17:34 11 Q Sure. And that's kind of what we talked about

17:34 12 earlier with respect to those Hispanic districts. Is

17:34 13 it correct, though, am I understanding you correctly

17:34 14 that to the extent there is such an issue, you would

17:35 15 defer to Dr. Moreno's analysis on that, who would do a

17:35 16 much deeper analysis about whether those districts do,

17:35 17 in fact, perform or retrogress?

17:35 18 A At that deep down level of the voting patterns

17:35 19 of the residents there of Miami-Dade County, yes,I

17:35 20 would defer to him.

17:35 21 Q You mentioned the letter that the League of

17:35 22 Women Voters and Common Cause sent to the Legislature

17:35 23 during the session raising this concern that they had

17:35 24 about the configuration of 26 and 27 in the base map?

17:35 25 A Yes, sir.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 349 271

17:35 1 Q Did you read that letter?

17:35 2 A During the special session, no,I did not.

17:35 3 The first time I read that letter was yesterday.

17:35 4 Q And you heard Mr. Poreda's testimony about

17:35 5 that; correct, that he didn't read it either?

17:35 6 A That is correct. Yes,I did.

17:35 7 Q Do you know if anybody did read it other than

17:35 8 Chair Oliva, who wrote us back?

17:35 9 AI believe House counsel read the letter. But

17:35 10 I don't know specifically what individuals did or did

17:35 11 not, but I believe House counsel did.

17:35 12 Q Did you discuss the letter and what it was

17:35 13 contending with anybody?

17:36 14 A They mentioned to us that the letter existed

17:36 15 and at a very high level what the argument was or the

17:36 16 concern that was raised. So, yes, there were

17:36 17 conversations about it.

17:36 18 MR. ZEHNDER: One second, Your Honor.

17:36 19 Nothing further, Judge.

17:36 20 THE COURT: Mr. Devaney?

17:36 21 CROSS EXAMINATION

17:36 22 BY MR. DEVANEY:

17:36 23 Q Good afternoon.

17:36 24 A Good afternoon.

17:36 25 Q John Devaney for the Romo plaintiffs.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 350 272

17:36 1 A Hello.

17:36 2 Q Do you know, was map 9047 submitted to the

17:36 3 Department of Justice for preclearance under Section 5

17:36 4 of the Voting Rights Act?

17:36 5 A 9047 was, yes. But there was a requirement at

17:36 6 the time that maps be submitted to the DOJ for

17:36 7 preclearance thinking about the federal Voting Rights

17:36 8 Act.

17:36 9 Q And were you involved in that effort?

17:37 10 A To be honest with you, not entirely.I was --

17:37 11 I was really more in the House map process, so I was

17:37 12 more focused on that submission to DOJ at the time.

17:37 13 Q Okay. You understand that back in the days

17:37 14 when we had a Section 5 that applied, that what the

17:37 15 Department of Justice would look at was whether there

17:37 16 was retrogression with respect to minority voting

17:37 17 rights in looking at a map; is that correct?

17:37 18 A Yes.

17:37 19 Q And specifically retrogression with regard to

17:37 20 minority ability to elect in individual districts;

17:37 21 would you agree with that?

17:37 22 A Yes, for the districts that are federally

17:37 23 protected, yes.

17:37 24 Q Is it your understanding that when 9047 was

17:37 25 submitted, that it included Hispanic voting

ACCURATE STENOTYPE REPORTERS, INC. J.A. 351 273

17:37 1 percentages in Districts 25, 26, and 27 that were

17:37 2 deemed by the Department of Justice not to retrogress?

17:37 3 A That is my understanding that 9047 was

17:37 4 precleared by the DOJ.

17:38 5 Q And implicit in that approval is that whatever

17:38 6 percentages of Hispanic voters are in 25, 26, 27,

17:38 7 those percentages were sufficient to avoid

17:38 8 retrogression; correct?

17:38 9 AI can't speak to the methodology that the DOJ

17:38 10 used at the time in order to assess retrogression for

17:38 11 preclearance.I know they asked for a substantial

17:38 12 amount of data from the Legislature with that map. So

17:38 13 I can't speak for them.

17:38 14 I don't know what --I know their overall

17:38 15 goal, of course, but I don't know how they got there

17:38 16 as far as what data they used to make that assessment.

17:38 17 Q But you do agree that ultimately whatever

17:38 18 percentages were used in 9047 for those three

17:38 19 districts; that is, 25, 26, 27, were deemed sufficient

17:38 20 by the Department of Justice?

17:38 21 A Yes. 9047 was precleared, yes.

17:38 22 Q It follows, therefore, doesn't it, that

17:38 23 another map, say a map submitted by the coalition

17:38 24 plaintiffs, the Romo plaintiffs, if similar Hispanic

17:38 25 voting percentages were used in 25, 26, and 27, it

ACCURATE STENOTYPE REPORTERS, INC. J.A. 352 274

17:39 1 would not be retrogression?

17:39 2 A Not necessarily. Again, like I said,I

17:39 3 don't -- I know the DOJ asks for a lot of data in that

17:39 4 process when evaluating districts from the

17:39 5 Legislature. So I can't speak to one data point

17:39 6 amongst that data set, nor could I speak for how the

17:39 7 DOJ would preclear or not preclear on that that is in

17:39 8 this process now.

17:39 9 Q But you don't know of any data missing from

17:39 10 the coalition plaintiffs' or the Romo plaintiffs' maps

17:39 11 that would change the Department of Justice's

17:39 12 determination about nonretrogression of 25, 26, 27?

17:39 13 AI can't speak to that one way or the other.

17:39 14 Again, as I said,I know, just from my work in the

17:39 15 House map context, that the DOJ asked for a

17:39 16 substantial amount of data from us. And so I don't --

17:39 17 I would suspect that if -- if one of the maps that's

17:39 18 before us as one of the alternatives from the

17:39 19 plaintiffs were sent to the DOJ for preclearance, that

17:39 20 same large data set would be needed to be included

17:39 21 with that submission, along with the map.

17:39 22 Q Well, let's see if we can at least agree on

17:40 23 this. Given that the Department of Justice approved a

17:40 24 map, 9047, containing certain Hispanic percentages in

17:40 25 25, 26, and 27, would you agree that that finding is

ACCURATE STENOTYPE REPORTERS, INC. J.A. 353 275

17:40 1 entitled to some weight in evaluating maps with

17:40 2 similar percentages in those districts?

17:40 3 A Again, in isolation,I hesitate to answer that

17:40 4 in the affirmative, because, again,I believe that the

17:40 5 DOJ would look at a large swath of data before, you

17:40 6 know, preclearing a district or districts. So I can't

17:40 7 speak to one data point being what tips the scales for

17:40 8 them in the world of preclearing versus not

17:40 9 preclearing.

17:40 10 Q Do you know what additional data beyond

17:40 11 Hispanic voting percentages in those districts, both

17:40 12 HVAP and CVAP, would be required?

17:40 13 A It's been a long time since I've reviewed a

17:40 14 DOJ submission since we're no longer required to do

17:40 15 so.I can't say what specific data points they would

17:41 16 require or request of the Legislature. But I just

17:41 17 remember from my memory in 2012 that it was a large

17:41 18 amount of data.

17:41 19 MR. DEVANEY: All right. Thank you.

17:41 20 THE COURT: Redirect?

17:41 21 REDIRECT EXAMINATION

17:41 22 BY MR. MEROS:

17:41 23 Q Briefly, Mr. Takacs. Are you sure I can't

17:41 24 pronounce that C in there?

17:41 25 A You can try.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 354 276

17:41 1 Q Do you know whether or not the Supreme Court

17:41 2 of Florida believes it is sufficient to look at voting

17:41 3 percentages to determine retrogression?

17:41 4 AI can't speak for the Supreme Court, but,

17:41 5 again,I would hesitate to analyze a district and

17:41 6 whether it retrogresses or not solely based on one

17:41 7 data point.

17:41 8 Q Did you read reapportionment 1 when it came

17:41 9 out when the House map was approved?

17:42 10 AI did.

17:42 11 Q Do you recall anything about the type of

17:42 12 functional analysis the Florida Supreme Court said was

17:42 13 necessary?

17:42 14 AI do --I do recall that they talked about a

17:42 15 functional analysis and how to go about performing

17:42 16 that, yes.

17:42 17 Q And to your knowledge, did that limit itself

17:42 18 to determining a voting age population of a given

17:42 19 district, and that's all you needed to look at was

17:42 20 CVAP?

17:42 21 A No, it did not. No, there was much more data

17:42 22 that was used to perform that functional analysis just

17:42 23 besides HVAP and CVAP.

17:42 24 Q And in your high level functional analysis do

17:42 25 you use things such as turnout?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 355 277

17:42 1 A Yes.

17:42 2 Q Do you look at registration?

17:42 3 A Yes.

17:42 4 Q Do you look at primary elections?

17:42 5 A Yes.

17:42 6 Q Why do you look at primary elections?

17:42 7 A The reason you look at primary elections is,

17:42 8 again, when you look at the district as a whole, the

17:42 9 first thing you have to do is see which party controls

17:42 10 that district or if it's a politically competitive

17:43 11 district. So once you make that -- that

17:43 12 determination, you then want to -- so let's say it is

17:43 13 a district that performs for one party over another.

17:43 14 You take that next step down to look at the

17:43 15 specific like registration and voter turnout and

17:43 16 primary voter turnout for that district to ensure that

17:43 17 the minority community's candidate of choice can

17:43 18 emerge from the primary and then emerge in the general

17:43 19 as the winner.

17:43 20 Q Okay. And that's a sort of analysis you make

17:43 21 when you do a functional analysis; right?

17:43 22 A Yes.

17:43 23 Q Do you ever just look at VAP and CVAP and say

17:43 24 that's it?

17:43 25 A No.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 356 278

17:43 1 Q And do you know whether or not the Supreme

17:43 2 Court has talked -- has emphasized the importance of

17:43 3 looking at primary elections?

17:43 4 A Yes, it has. It specifically mentioned that,

17:43 5 I believe it was in apportionment 1, where they go

17:43 6 through the primary -- political party's primary data,

17:43 7 as I just said, to make sure that the minority

17:44 8 community can elect a candidate of their choice.

17:44 9 Q Do you know whether or not certain minority

17:44 10 groups within Miami-Dade County might vote cohesively

17:44 11 or, in fact, vote decisively?

17:44 12 AI would suspect that there are communities --

17:44 13 THE COURT: Don't suspect. If you know --

17:44 14 THE WITNESS: Understood.

17:44 15 AI believe that there are communities within

17:44 16 Miami-Dade County that do not vote cohesively and may,

17:44 17 in fact, vote in opposition to one another.

17:44 18 BY MR. MEROS:

17:44 19 Q Do you rely on Dr. Moreno for that intensely

17:44 20 local appraisal and analysis?

17:44 21 A Yes,I do.

17:44 22 Q And when you learned of a letter from the

17:44 23 League of Women Voters and Common Cause saying that

17:44 24 your District 26 needed to be more Democratic, did

17:44 25 that cause you any concern as to whether you erred in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 357 279

17:44 1 drawing the map as you did?

17:44 2 A It did not give me concern that we erred in

17:45 3 drawing the map, because we drew Districts 26 and 27

17:45 4 within that draft 1, which was the draft that we

17:45 5 ultimately chose for the base map, without having any

17:45 6 knowledge or data to know how those districts

17:45 7 performed politically, and also the additions that we

17:45 8 made after keeping Homestead whole, what those

17:45 9 additions meant politically as we increased the

17:45 10 population to equal them out.

17:45 11 Q And in your work on the House map in 2012 and

17:45 12 in this map, have you ever gone back and looked at a

17:45 13 district that was not a minority district to try to

17:45 14 determine how many Republicans were in it and how many

17:45 15 Democrats were in it, and then readjusted those

17:45 16 percentages?

17:45 17 A No, never.

17:45 18 Q Why not?

17:45 19 A Because I would believe that if there was a

17:45 20 thought of going in after a district was initially

17:45 21 drawn and then trying to change it or amend it in

17:45 22 order to have a political effect one way or the other

17:46 23 or to protect an incumbent one way or the other, that

17:46 24 that would be a direct violation of the Tier 1

17:46 25 standards within the constitution.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 358 280

17:46 1 Q Were you involved -- you were involved in the

17:46 2 drawing of the House map in 2012, if I understand

17:46 3 correctly?

17:46 4 A Yes,I was one of the principal architects of

17:46 5 that map.

17:46 6 Q Okay. And in that drawing did you pair

17:46 7 Republicans?

17:46 8 A Yes.

17:46 9 Q Did you unpair --

17:46 10 A Incumbents you mean?

17:46 11 Q Incumbents, yes.

17:46 12 A Yes.

17:46 13 Q Okay. Did you ever try to unpair them?

17:46 14 A No.

17:46 15 Q Were you ever criticized because you paired

17:46 16 them, that that somehow was in violation of

17:46 17 Amendment 5 or Amendment 6?

17:46 18 A No.

17:46 19 MR. MEROS: No further questions.

17:46 20 THE COURT: Mr. Zakia?

17:46 21 MR. ZAKIA: No questions, Your Honor.

17:46 22 THE COURT: Any questions from anybody else?

17:46 23 MR. ZEHNDER: No questions, Judge.

17:46 24 THE COURT: Looks like a good time to quit for

17:46 25 the day. See you back tomorrow at 9:00.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 359 281

17:46 1 MR. CANTERO: Your Honor, you said 9:00

17:46 2 tomorrow morning?

17:46 3 THE COURT: 9:00, yes.

17:47 4 MR. ZEHNDER: 9:00, Your Honor?

17:47 5 MR. KING: Your Honor, do you have an idea as

17:47 6 to how long we would go tomorrow?

17:47 7 THE COURT:I would like to quit a little

17:47 8 early if y'all don't mind, simply because I'm going

17:47 9 out of town. And the later I am, the later I will

17:47 10 be getting there. What have you got in mind?

17:47 11 MR. KING: Well we've just got a big logjam

17:47 12 tomorrow on the witnesses we've got to get done.

17:47 13 We've got experts from out of town.

17:47 14 We're supposed to put on our people after they

17:47 15 are. They have how many witnesses before we get to

17:47 16 us?

17:47 17 MR. ZAKIA: Four witnesses, Your Honor. We

17:47 18 suspect they will go quicker.

17:47 19 MR. KING: You've got two nonexperts and two

17:47 20 experts?

17:47 21 MR. ZAKIA: I'm sorry, five.

17:47 22 MR. KING: Three nonexperts and two experts?

17:47 23 MR. ZAKIA: We reached an agreement with the

17:47 24 plaintiffs to try to streamline some of the expert

17:47 25 testimony.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 360 282

17:48 1 THE COURT: Well,I sure don't want to go

17:48 2 late.I was trying to get out a little early.

17:48 3 But --

17:48 4 MR. MEROS: Your Honor, we have Monday.

17:48 5 THE COURT: Yeah,I know, but he says he has

17:48 6 an expert witness coming, which means they --

17:48 7 MR. MEROS: Already here.

17:48 8 THE COURT:-- are already here, so they would

17:48 9 have to go and come back over the weekend. I'm

17:48 10 sympathetic.

17:48 11 Maybe you can talk with them. Maybe they will

17:48 12 let you take some witness that can't come back out

17:48 13 of order if you can't get to them.

17:48 14 MR. KING: So we will likely quit about what

17:48 15 time tomorrow, Your Honor?

17:48 16 THE COURT:I was thinking about 4:30 if that

17:48 17 works out. Maybe we can take a smaller lunch, or I

17:48 18 can start at 8:30 if that will help.

17:48 19 MR. KING: Sure.

17:48 20 MR. MEROS: 9:00 is hard enough. Whatever.

17:48 21 THE COURT: Let's say 9:00. 9:00 will be

17:48 22 fine. We will see how it goes. Maybe it will go

17:48 23 quicker. If y'all don't ask so many questions it

17:48 24 will go easier.

17:49 25 (The proceedings were adjourned at 5:50 p.m.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 361 283

17:49 1 and continue in Volume 3.)

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 362 284

1 CERTIFICATE OF REPORTER

2 STATE OF FLORIDA ) COUNTY OF LEON ) 3

4 I, SARAH B. GILROY, Registered Professional Reporter,

5 and Notary Public, do hereby certify that the foregoing

6 proceedings were taken before me at the time and place

7 therein designated; and that the foregoing pages

8 numbered 96 through 284 are a true and correct record of

9 the aforesaid proceedings.

10

11 I further certify that I am not a relative, employee,

12 attorney or counsel of any parties, nor am I a relative

13 or employee of any of the parties' attorney or counsel

14 connected with the action, nor am I financially

15 interested in the action.

16 DATED this day of September, 2015.

17

18

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20 /s/ Sarah B. Gilroy SARAH B. GILROY 21 [email protected] 850.878.2221 22

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 363 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT, IN AND FOR LEON COUNTY, FLORIDA

RENE ROMO, et al. Plaintiffs, vs. CASE NO: 2012-CA-412

KEN DETZNER and PAM BONDI, Defendants. /

THE LEAGUE OF WOMEN VOTERS OF FLORIDA, et al. Plaintiffs, vs. CASE NO: 2012-CA-490

KEN DETZNER, et al. Defendants. /

VOLUME 3 Pages 285 through 396

IN RE: Evidentiary Hearing

BEFORE: Honorable Terry P. Lewis

DATE: September 25, 2015

TIME: Commenced at 9:03 a.m. Adjourned at 12:00 noon

PLACE: Leon County Courthouse Courtroom 3G Tallahassee, Florida

REPORTED BY: SARAH B. GILROY, RPR, CRR [email protected]

ACCURATE STENOTYPE REPORTERS, INC. Tallahassee, FL 32301 850.878.2221

J.A. 364 286

1 APPEARANCES:

2 REPRESENTING THE ROMO PLAINTIFFS: JOHN M. DEVANEY, ESQUIRE 3 [email protected] Perkins Coie, LLP 4 700 Thirteenth Street, NW, Suite 700 Washington,D.C., 20005 5 REPRESENTING THE COALITION PLAINTIFFS: 6 DAVID B. KING, ESQUIRE [email protected] 7 THOMAS A. ZEHNDER, ESQUIRE [email protected] 8 FRITZ WERMUTH, ESQUIRE [email protected] 9 King, Blackwell, Zehnder & Wermuth 25 East Pine Street 10 Orlando, Florida 32301

11 REPRESENTING THE FLORIDA HOUSE: GEORGE N. MEROS, JR., ESQUIRE 12 [email protected] ANDY BARDOS, ESQUIRE 13 [email protected] GrayRobinson 14 301 South Bronough Street, Suite 600 Tallahassee, Florida 15 REPRESENTING FLORIDA SENATE: 16 RAOUL G. CANTERO, III, ESQUIRE [email protected] 17 JASON N. ZAKIA, ESQUIRE [email protected] 18 JESSE L. GREEN, ESQUIRE [email protected] 19 White & Case, LLP Southeast Financial Center 20 200 South Biscayne Boulevard, Suite 4900 Miami, Florida 33131 21

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 365 287

1 INDEX - VOLUME 3

2 WITNESSES PAGE NO.

3 TOM LEE Direct Examination by Mr. Cantero 291 4 Cross Examination by Mr. Meros 312 Redirect Examination by Mr. Cantero 317 5 BAODONG LIU 6 Cross Examination by Mr. King 320 Redirect Examination by Mr. Green 339 7 Recross Examination by Mr. King 345

8 DARIO MORENO Direct Examination by Mr. Meros 346 9 Cross Examination by Mr. King 367

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 366 288

09:03 1 THE BAILIFF: All rise. Come to order.

09:03 2 Honorable Terry P. Lewis presiding.

09:03 3 THE COURT: Have a seat. You ready?

09:03 4 MR. ZAKIA: Good morning, Your Honor, Jason

09:03 5 Zakia for the Senate. Just a couple of

09:03 6 housekeeping issues to make sure everything works

09:03 7 for Your Honor. We consulted, as Mr. King

09:04 8 mentioned yesterday, we have a lot of experts in

09:04 9 from out of town. We didn't want to make them come

09:04 10 back on Monday, so the parties have agreed to going

09:04 11 a little bit out of order and also streamline some

09:04 12 of the experts.I just want to run through what we

09:04 13 talked about.

09:04 14 We're going to begin this morning with Senator

09:04 15 Lee, who will be a Senate witness. We have two

09:04 16 other Senate fact witnesses, but they also can be

09:04 17 available on Monday. We're going to defer them and

09:04 18 go right to the experts.

09:04 19 So we would begin with Professor Liu, who is a

09:04 20 joint expert for the Legislature, followed by

09:04 21 Professor Moreno, also a legislative expert. And

09:04 22 then we can go to the plaintiffs' experts,

09:04 23 Dr. Ansolabehere and Dr. Lichtman.

09:04 24 And then Senator Galvano will be the next fact

09:04 25 witness. He's here if we get to him. If not, we

ACCURATE STENOTYPE REPORTERS, INC. J.A. 367 289

09:04 1 can do it on Monday.

09:04 2 With regard to the experts, for two of them;

09:04 3 Professor Liu, who is one of our experts, and

09:04 4 Professor Lichtman, who is one of their experts, we

09:04 5 would agree to put in their directs through their

09:04 6 reports. Their reports aren't long, and we can

09:05 7 hand them up to Your Honor so that they would both

09:05 8 be available for cross examination and redirect.

09:05 9 But we wouldn't need to do direct. We can do that

09:05 10 in writing.

09:05 11 For Professor Moreno and Ansolabehere, that's

09:05 12 going to be done the old-fashioned way, starting

09:05 13 with direct. If that all meets with Your

09:05 14 Honor's --

09:05 15 THE COURT: Everybody else okay?

09:05 16 (All respond affirmatively.)

09:05 17 MR. ZAKIA: Okay. Thank you, Your Honor.

09:05 18 So Professor Liu's report, which is Senate

09:05 19 Exhibit 2-1, which would be offered into evidence

09:05 20 with agreement of the parties, and then Lichtman.

09:05 21 MR. ZEHNDER: Hot off the press here, Your

09:05 22 Honor, it's CP-31.

09:05 23 MR. ZAKIA: We will hand that up to Your Honor

09:05 24 now.

09:05 25 THE COURT: CP-31, this says for Lichtman.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 368 290

09:06 1 But also I have Dr. Liu. Is that a separate

09:06 2 exhibit? It says Senate Exhibit 2-1.

09:06 3 MR. ZAKIA: Yes, Your Honor. Those are two

09:06 4 different reports. One is Dr. Liu; that's a Senate

09:06 5 exhibit, and the one for the coalition plaintiffs'

09:06 6 expert, Dr. Lichtman.

09:06 7 THE COURT: Okay. Did you want me to read

09:06 8 these right now?

09:06 9 MR. ZEHNDER: Your Honor, you certainly don't

09:06 10 have to read them now. But we would ask the Court

09:06 11 to read them at some point before entering a

09:06 12 decision. The theory was to try to shorten the

09:06 13 presentation. Instead of doing a direct exam, we'd

09:06 14 just put the actual reports into evidence.

09:06 15 THE COURT:I can certainly read it probably

09:06 16 much quicker than you could present it.

09:06 17 MR. KING: It makes sense for the judge to

09:06 18 read the report before we put -- before we put

09:06 19 Dr. Liu up.

09:06 20 THE COURT: Sure. Is that going to be our

09:06 21 next witness?

09:06 22 MR. ZAKIA: He's not next, but Senator Lee's

09:06 23 next, so Dr. Liu will be after that. So you can

09:06 24 either read them now or between Senator Lee and

09:07 25 Dr. Liu.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 369 291

09:07 1 THE COURT: Let's go ahead and get your

09:07 2 witness on -- they can stay if they wish, but if

09:07 3 necessary,I will take some time to read it.

09:07 4 MR. CANTERO: Your Honor, Raoul Cantero for

09:07 5 the Florida Senate. We will call Tom Lee to the

09:07 6 stand.

09:07 7 Your Honor,I put on your bench some hard copy

09:07 8 maps in case you need. The witness has other

09:07 9 copies, and plaintiffs have their copies.

09:07 10 Thereupon,

09:07 11 TOM LEE

09:07 12 was called as a witness, having been first duly sworn,

09:07 13 was examined and testified as follows:

09:07 14 DIRECT EXAMINATION

09:07 15 BY MR. CANTERO:

09:07 16 Q Will you state your name, please.

09:07 17 A Tom Lee.

09:07 18 Q Morning, Mr. Lee. How are you?

09:07 19 A Morning. Good.

09:07 20 Q And what is your present position, if any, in

09:07 21 the Florida Legislature?

09:07 22 AI represent Senate District 24, and I'm the

09:08 23 appropriations chair.

09:08 24 Q And what part of the state is District 24?

09:08 25 A Eastern half of Hillsborough County.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 370 292

09:08 1 Q And at some point, did you have another

09:08 2 position with the Senate?

09:08 3 A Well, at one time I was --I served a decade

09:08 4 in the Senate from '96 to 2006 and was Senate

09:08 5 president from 2004 to 2006.

09:08 6 Q And are you a member of the Senate Committee

09:08 7 on Reapportionment?

09:08 8 AI am.

09:08 9 Q What was the committee's role in the remedial

09:08 10 map process?

09:08 11 A To try to draw a map in response to the

09:08 12 Supreme Court's direction and a more constitutionally

09:08 13 compliant map.

09:08 14 Q Did the committee have a map to work with, or

09:08 15 did you start from scratch?

09:08 16 A We had a base map that was drawn in

09:08 17 collaboration between the House and the Senate staff.

09:08 18 Q What was the committee's role in reviewing the

09:08 19 base map?

09:08 20 A To go through and understand the methodology

09:08 21 by which it was developed and then to see, as we

09:09 22 understood it, whether or not there was any

09:09 23 opportunity to improve upon the performance of the map

09:09 24 relative to its geometric compaction -- whether it was

09:09 25 complied to Tier 1 and Tier 2 standards, et cetera.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 371 293

09:09 1 Q Was it the committee's understanding that that

09:09 2 base map had to be voted up or down or that it could

09:09 3 be amended?

09:09 4 A No. In fact, it was a great deal of

09:09 5 discussion in the opening session of the special

09:09 6 session in the Senate, inquiries of Senator Galvano,

09:09 7 our appropriation -- our reapportionment subcommittee

09:09 8 chair, as to what the expectations were. And I know I

09:09 9 asked whether or not the base map had any presumption

09:09 10 of superiority, and we were told on the record in

09:09 11 both -- on the floor of the Senate and in committee

09:09 12 that it was for discussion purposes only, essentially,

09:09 13 a starting place.

09:10 14 Q Now, was it the understanding that any

09:10 15 amendments had to -- could not reduce the Tier 1 and

09:10 16 Tier 2 standards?

09:10 17 A Yes. Absolutely.

09:10 18 Q Can we put on 9065? I'm going to put Joint

09:10 19 Exhibit No. 4 on the screen. Hopefully you can see

09:10 20 it. There we go.

09:10 21 Is this the base map? Can you see it okay

09:10 22 from there? If you can't see,I have hard copies.

09:10 23 AI can see it. And it looks like the base map.

09:10 24 Q And was that a map that you believe could be

09:10 25 improved?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 372 294

09:10 1 A Yes, sir.

09:10 2 Q In what ways did you think you could improve

09:10 3 the map?

09:10 4 A Well, when I came -- when I came to

09:11 5 Tallahassee to look at the reapportionment -- to sit

09:11 6 and participate in the reapportionment process,I had

09:11 7 read Amendment 1 and 2, but I didn't really understand

09:11 8 their practical application. So my knowledge of all

09:11 9 of this was evolving as we started on the floor and

09:11 10 then went into committee in a pretty elaborate

09:11 11 explanation from staff and interactions from the

09:11 12 members.

09:11 13 And I-- so I came to Tallahassee with an

09:11 14 understanding that Hillsborough County had been

09:11 15 somewhat of a donor county, a host county, over

09:11 16 generations.

09:11 17 Q What do you mean by a "donor" or "host"

09:11 18 county?

09:11 19 A Well, in that it had been a place in which a

09:11 20 lot of Congressional districts had converged over

09:11 21 time. So I had that as sort of a baseline

09:11 22 understanding of the way people in my community,

09:11 23 Hillsborough County, felt.I've lived there for 45

09:11 24 years.

09:11 25 And as we went through the process, it became

ACCURATE STENOTYPE REPORTERS, INC. J.A. 373 295

09:12 1 clear to me that there were -- some concerns being

09:12 2 expressed about the Congressional district to the

09:12 3 south, Manatee-Sarasota County, there were some

09:12 4 concerns expressed on the record by Senator Joyner in

09:12 5 terms of trying to get Congressional District 14 to

09:12 6 perform more as a coalition district.

09:12 7 Q I just want to be clear for the judge which

09:12 8 districts we're talking about. When you say the

09:12 9 district to the south, do you mean District 16?

09:12 10 A Yes, sir.

09:12 11 Q And when you say Senator Joyner, are you

09:12 12 talking about District 14?

09:12 13 A Yes, sir. And this was all on the record.

09:12 14 And as someone who has been around the legislative

09:12 15 process for a long time,I began to hear from my

09:12 16 colleagues that they wanted to try to take a run, if

09:12 17 you will, or a shot at seeing if the map could somehow

09:12 18 be improved upon based upon their knowledge of the

09:12 19 communities.

09:12 20 And having heard all of that,I thought, well

09:13 21 I would try to sit down and see if I couldn't combine,

09:13 22 you know, my concerns with those of Senator Joyner's

09:13 23 and the senators to the south of me in

09:13 24 Manatee-Sarasota and come up with a change to

09:13 25 West-Central Florida that might improve upon the map's

ACCURATE STENOTYPE REPORTERS, INC. J.A. 374 296

09:13 1 constitutional compliance while achieving some

09:13 2 aspirational goals or some conceptual goals that we

09:13 3 all laid out on the record.

09:13 4 Q And so how did you go about developing an

09:13 5 improvement to the map?

09:13 6 A Well, after -- after listening to all of this

09:13 7 dialogue in committee,I set up an appointment to meet

09:13 8 with Jay Ferrin, our staff director. He was meeting

09:13 9 with a lot of other senators who were trying to run

09:13 10 ideas up the flag pole in other parts of the state,I

09:13 11 know. So he had limited time. We met for a brief

09:13 12 period of time --

09:13 13 Q Before you go into that, what direction were

09:13 14 the senators given about meeting and then trying to

09:13 15 amend maps, meeting with Jay Ferrin?

09:14 16 A Well, there was a lot of discussion early on

09:14 17 in a memo that was issued by President Gardiner and

09:14 18 Senator Galvano about the process under which we would

09:14 19 follow. And everyone was under the expectation that

09:14 20 there was, you know, that there will be lessons

09:14 21 learned from some of the missteps of the past, if you

09:14 22 will, and that all of our conversations were going to

09:14 23 be tape recorded, and that there shouldn't be any ex

09:14 24 parte communication, if you will, regarding the

09:14 25 construction of maps.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 375 297

09:14 1 So my -- our instructions were to set up

09:14 2 meetings with the staff, to have those all on the

09:14 3 record, if you will, and to -- and to understand that

09:14 4 if we attempted to try to improve upon the base work

09:14 5 product, that we also, at the same time, had to at

09:14 6 least maintain the status quo as to its constitutional

09:14 7 compliance.

09:14 8 Q And so you were saying that you did meet with

09:15 9 Jay.

09:15 10 AI did.I met with him for a brief period of

09:15 11 time around the lunch hour in the middle of the week

09:15 12 of our first week of that special session and then

09:15 13 returned at about 9:00 or so that evening and spent

09:15 14 several hours with -- with him on the record up in his

09:15 15 office on the 20th floor, kind of working through the

09:15 16 concepts that had been developed in committee by

09:15 17 Senator Bradley, who was expressing concerns about

09:15 18 Manatee-Sarasota County; Senator Joyner was expressing

09:15 19 concerns about the coalition performance of

09:15 20 Congressional District 14, and those that I brought

09:15 21 from my 45 years of experience in eastern Hillsborough

09:15 22 County.

09:15 23 MR. CANTERO: Can you put up 9042?

09:15 24 BY MR. CANTERO:

09:15 25 Q There is a map 9042 on your desk. Do you

ACCURATE STENOTYPE REPORTERS, INC. J.A. 376 298

09:15 1 recognize that map?

09:16 2 AI don't have 9042, sir.

09:16 3 THE COURT:(Tendering document.)

09:16 4 THE WITNESS: Thank you.

09:16 5 BY MR. CANTERO:

09:16 6 Q When you're talking about --

09:16 7 MR. CANTERO: We have it up on the screen,

09:16 8 Your Honor.

09:16 9 Can you blow up the West-Central Florida here?

09:16 10 BY MR. CANTERO:

09:16 11 Q When you refer to the -- the concerns that

09:16 12 Senator Bradley expressed, are you talking about

09:16 13 District 16?

09:16 14 A Yes, sir.

09:16 15 Q Okay. And is this the amendment that was

09:16 16 proposed to amend the map as to District 16?

09:16 17 A Yes, sir. This looks like the map. This

09:16 18 looks like the map that Senator Bradley was proposing

09:16 19 as an amendment to the base map.

09:17 20 Q Okay. So when you met with Jay Ferrin, you

09:17 21 said you went to incorporate those concerns into

09:17 22 whatever amendments you came up with?

09:17 23 A Yes, sir. And I think it's essentially where

09:17 24 Senator Bradley was going based upon his testimony in

09:17 25 committee was that there was some conversation about

ACCURATE STENOTYPE REPORTERS, INC. J.A. 377 299

09:17 1 splitting Manatee -- or Sarasota County, and he was

09:17 2 setting out to, it appeared to me through this

09:17 3 amendment and the dialogue he was having, he was

09:17 4 headed in the direction to try to restore that.

09:17 5 And, in fact, 9042, which I'm looking at now,

09:17 6 I think would have been a big setback from the base

09:17 7 map for Hillsborough County.

09:17 8 Q In what sense?

09:17 9 A Well, in the sense that it would have put

09:17 10 Congressional District 17 back into Hillsborough

09:17 11 County, and the congressman representing District 17

09:18 12 lived 150 miles away.I know that communities of

09:18 13 interest are something that are sort of loosely a

09:18 14 consideration under maybe a third tier consideration,

09:18 15 if you will, under Amendments 1 and 2, but having

09:18 16 lived in the -- eastern Hillsborough County for 45

09:18 17 years and having built hundreds of homes in that

09:18 18 region of the state,I know that the economies of

09:18 19 southeastern Hillsborough County are connected to

09:18 20 Manatee County, not Okeechobee County.

09:18 21 And if there were going to be splintering and

09:18 22 hosting from Hillsborough County to other

09:18 23 Congressional districts it was far more in the

09:18 24 interest of people from Hillsborough County to have

09:18 25 their representative come out of an area that was

ACCURATE STENOTYPE REPORTERS, INC. J.A. 378 300

09:18 1 connected economically, which is Manatee-Sarasota

09:18 2 County.

09:18 3 Q And was it your understanding that Senator

09:18 4 Bradley's proposed amendment would restore District 16

09:18 5 to the way it had been in -- before the Supreme

09:18 6 Court's decision?

09:19 7 A Yes.I wasn't terribly familiar with the

09:19 8 details of exactly where he was headed. But my

09:19 9 understanding was that that -- that was his concept

09:19 10 was that 16 -- there was no instruction to redraw 16.

09:19 11 And so simply restoring it was a simple fix to the --

09:19 12 address the concerns that had been raised by Senator

09:19 13 Bradley.

09:19 14 Q All right. And in speaking with Jay Ferrin,

09:19 15 what instruction did you give Jay about how to draw an

09:19 16 amendment that would address your concerns?

09:19 17 A Well, what I was trying to do was combine the

09:19 18 concerns that I had with those that --I mean, we're

09:19 19 in a reapportionment committee, and I realize that

09:19 20 we're operating in a remedial process, which, to some

09:19 21 extent, sort of short circuits the way we typically do

09:19 22 business in the Legislature. We all have our methods

09:19 23 for resolving disputes and -- and what have you.

09:19 24 But trying to overlay the remedial process

09:19 25 with our traditional process, I'm a member of the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 379 301

09:19 1 reapportionment committee. Senator Bradley is a

09:20 2 member of the reapportionment committee, and so is

09:20 3 Senator Joyner.I know we have to get a map out of

09:20 4 there.

09:20 5 If I'm going to try to improve upon the

09:20 6 metrics of the map, it's smart for me to do so, as

09:20 7 someone that's been around the process for a long

09:20 8 time, by incorporating the concerns being addressed by

09:20 9 my colleagues. So my instructions to Jay was to

09:20 10 simply, you know, having listened to Senator Bradley's

09:20 11 concerns and having listened to Senator Joyner's

09:20 12 concerns, to try to draw a map that addressed all

09:20 13 three of the members' concerns; Joyner's, Bradley's

09:20 14 and myself, in an amendment that would also improve

09:20 15 the metrics of the map.

09:20 16 Q Okay. And did Jay come up with a map?

09:20 17 A Well, he came up with several maps, yes, sir.

09:20 18 Q Let's go with the first one. Did he show you

09:20 19 a map that he had designed to address your concerns?

09:20 20 A Yes, sir. Working together we -- and I forget

09:20 21 the numbers of the maps in the evolutionary process,

09:20 22 but --

09:20 23 Q Let's put up Senate Exhibit 35. You can look

09:20 24 at map 9046 there when you're done.

09:21 25 A Yes, sir.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 380 302

09:21 1 Q Does that look like the first map that Jay

09:21 2 came up with?

09:21 3 A It does.

09:21 4 Q And did that seem to address your concerns?

09:21 5 A Well, it --

09:21 6 MR. CANTERO: Can we blow up Central Florida?

09:21 7 A Yes, sir. We were running into some real

09:21 8 difficulty dealing with Senator Joyner's concerns

09:21 9 right out of the box, because in order to make

09:21 10 Congressional District 14 perform in a more

09:21 11 coalition-type fashion, we had to do some things that

09:21 12 really adversely impacted its compactness. And since

09:21 13 it was not protected under Tier 1, we knew that would

09:21 14 be a concern.

09:21 15 So we were running into some issues there.

09:21 16 And then, of course, as this map addressed the

09:21 17 concerns as best we could of the three senators in the

09:21 18 committee, you could see that, when you get over to

09:21 19 Congressional District 9, it begins to create some

09:22 20 obvious visual compactness issues that were kind of a

09:22 21 nonstarter, as it hooks around Congressional District

09:22 22 10, that is.

09:22 23 BY MR. CANTERO:

09:22 24 Q And so did you try to come at it another

09:22 25 direction?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 381 303

09:22 1 A Yes, sir. We then continued to work and had a

09:22 2 second iteration of that.

09:22 3 MR. CANTERO: Senate Exhibit 36.

09:22 4 And you have on your table, and it will be up

09:22 5 on the screen also, 9048, which, Your Honor, is

09:22 6 Senate Exhibit 36. And the previous one was Senate

09:22 7 Exhibit 35. And they've all been admitted as

09:22 8 unobjected to by any parties.

09:22 9 BY MR. CANTERO:

09:22 10 Q So is this the second map that Jay came up

09:22 11 with?

09:22 12 A Yes, sir.

09:22 13 Q And what did you think of this map?

09:22 14 A Well, it was certainly an improvement. It

09:22 15 continued to positively address the aspirational goals

09:23 16 that we had set at the conceptual level in committee.

09:23 17 We are not in a position as committee members with the

09:23 18 technology to work through this on our own.

09:23 19 So we're more in a posture of having to set

09:23 20 some aspirational goals and work with our staff who

09:23 21 knows how to work with that mouse and DistrictBuilder,

09:23 22 what have you, and can work the Reock scores and the

09:23 23 Convex Hull scores and do the geometrics and

09:23 24 mathematics.

09:23 25 But the aspirational goals were being met.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 382 304

09:23 1 But, again, over in Congressional District 9, you can

09:23 2 see that it has some compaction issues and -- that

09:23 3 were still less than optimal.

09:23 4 Q So when you say compactness -- compaction

09:23 5 issues, this draft was less than ideal compared to the

09:23 6 base map?

09:23 7 A Yes, sir. And I--I can't remember in terms

09:23 8 of the evolution, as you look at Tier 2, where we were

09:23 9 on the city and county splits as we go through it.

09:23 10 But I do recall that the first two maps we came up

09:24 11 with were problematic with respect to compaction.

09:24 12 They may have had some city-county split issues as

09:24 13 well.

09:24 14 Q And so what happened after that? You felt

09:24 15 this was not adequate, and ...

09:24 16 A Yes, sir. And, of course, we have a legal

09:24 17 team, which you are a significant part of. And we're

09:24 18 working in committee with laypeople, senators, working

09:24 19 on maps, who then work with our staff. And our staff

09:24 20 then has to look at these things through the prism of

09:24 21 your legal analyses of these maps so that we can be

09:24 22 able to make an argument on the record that these maps

09:24 23 are, in fact, an improvement.

09:24 24 So as we went through that process, you know,

09:24 25 I knew there was going to be some review going on what

ACCURATE STENOTYPE REPORTERS, INC. J.A. 383 305

09:24 1 was occurring. And it was clear to me that we were

09:24 2 creating some challenges in other parts of the state

09:24 3 that might have resulted in there being concerns with

09:25 4 the map.

09:25 5 In committee, that last day,I believe it was

09:25 6 a Thursday before we left for the weekend,I said,

09:25 7 look, I'm -- we have done a good job,I think,

09:25 8 adequately laying out what we think conceptually might

09:25 9 result in improvements to the map, but we're working

09:25 10 under a lot of time constraints and a lot of pressure.

09:25 11 Our staff director is working with multiple senators.

09:25 12 We have literally hours in which to do this.

09:25 13 I know we had been up all night. We were

09:25 14 leaving for Thursday. And I simply said, look, I'm

09:25 15 not married to any of this, that, you know, we have

09:25 16 conceptually made our best effort in the short period

09:25 17 of time that we had. But perhaps the best thing to do

09:25 18 was, as we went away for the long weekend, for our

09:25 19 legal team to work with staff on -- in the confines of

09:25 20 these conceptual goals to see if there was a way to

09:25 21 build a better mouse trap, because this was clearly

09:26 22 running into some problems. Despite our efforts to

09:26 23 deal with one area, it was running into some problems

09:26 24 on the compaction and city-county splits.

09:26 25 Q Over the weekend did Jay come up with a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 384 306

09:26 1 solution?

09:26 2 A Yes.I got a phone call on Saturday afternoon

09:26 3 that,I think -- I'm going to use my own terms, just

09:26 4 to shorten the conversation -- he had just sort of an

09:26 5 epiphany or a breakthrough, and he sent me a concept.

09:26 6 I don't know how much conversation he had with

09:26 7 the legal team at that point to get there. But he and

09:26 8 I-- he shared that information with me and then asked

09:26 9 for my permission to go ahead and continue to work

09:26 10 along those lines.

09:26 11 I got a second phone call Sunday afternoon --

09:26 12 again, I'm 270 miles away from the capitol spending

09:26 13 time with my family that weekend, and he wasn't. And

09:27 14 I got another phone call from him on Sunday afternoon

09:27 15 that they had been able to come up with a map that was

09:27 16 in -- in everyone's sort of professional opinion, was

09:27 17 more constitutionally compliant than the base map, and

09:27 18 yet still it addressed the concerns that had been

09:27 19 addressed by the members of committee.

09:27 20 At that point I said, well, in that case, if

09:27 21 everyone is comfortable with that map, you know, the

09:27 22 compliance of the map, go ahead and, you know,

09:27 23 introduce it as an amendment to the base map.

09:27 24 MR. CANTERO: Can you put up Exhibit 37,

09:27 25 please, Senate Exhibit 37.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 385 307

09:27 1 BY MR. CANTERO:

09:27 2 Q You have on your desk there map 9054. Is this

09:27 3 the map you were referring to?

09:27 4 A Yes, sir.

09:27 5 Q And so this map -- can we -- can we cull out

09:27 6 the Central Florida area? What changes did this map

09:28 7 make that you thought were appropriate and improved

09:28 8 over the map?

09:28 9 A Well, it significantly reduced the city-county

09:28 10 splits from the base map. And it fixed the compaction

09:28 11 issues that were of concern to us visually and

09:28 12 geometrically in Congressional District 9.

09:28 13 It consolidated eastern Hillsborough County,

09:28 14 which had been sort of one of my aspirational goals.

09:28 15 And it restored the county split that had taken place

09:28 16 under the base map of Sarasota County. What we were

09:28 17 unable to do -- we made our best effort, but what we

09:28 18 were unable to do to the satisfaction of Senator

09:28 19 Joyner was improve the performance of Exhibit 14 as a

09:28 20 coalition district.

09:28 21 It was just going to do too much damage to the

09:28 22 compaction of that area as we went through iteration

09:29 23 after iteration with a mouse to try to achieve her

09:29 24 desire or stated objectives, and we're going to cut up

09:29 25 the City of Tampa and Temple Terrace at the same time.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 386 308

09:29 1 So it was -- we did our best, but we had limitations.

09:29 2 Q As to -- so just to draw your attention on --

09:29 3 so this is -- on the left side we have the base map,

09:29 4 9065. And on the right side we have 9054.

09:29 5 What were your concerns about the

09:29 6 configuration of Hillsborough County here and the

09:29 7 number of districts in Hillsborough County?

09:29 8 A Well, Hillsborough County has 1.3 million

09:29 9 people in it. And, again, as a sitting member of the

09:30 10 reapportionment committee and understanding that there

09:30 11 is -- that there are -- and having asked the staff

09:30 12 during their presentation of the base map on the

09:30 13 record, you know, isn't it true that there are

09:30 14 literally, once you lay down Tier 1 districts under

09:30 15 the Voting Rights Act or under Amendment 5 and 6,

09:30 16 isn't there a myriad of ways that, you know, Tier 2

09:30 17 standards can be applied to the map? You have to make

09:30 18 decisions at some point.

09:30 19 And I knew that those decisions had been made

09:30 20 by staff, and they had somehow been made, in my

09:30 21 opinion, again, this reapportionment cycle, to the

09:30 22 detriment of Hillsborough County. As a sitting member

09:30 23 of that committee, being able to put my fingerprints

09:30 24 on the map, with the limitations of having to comply

09:30 25 with Tier 2 standards, of course, and Tier 1

ACCURATE STENOTYPE REPORTERS, INC. J.A. 387 309

09:30 1 standards, for that matter, in terms of intent --I--

09:30 2 I set out to consolidate as best I could within reason

09:30 3 the eastern Hillsborough County area, which we did.

09:31 4 And since 15 and 16 -- I'm sorry, since 16

09:31 5 wasn't required to be redrawn, and the fix that was

09:31 6 being proposed to -- or an amendment that was being

09:31 7 proposed by Senator Bradley to the base map would have

09:31 8 sent Congressional District 17 back into Hillsborough

09:31 9 County,I felt the simplest fix was to just slide

09:31 10 Congressional District 16 back down to its original

09:31 11 configuration and consolidate eastern Hillsborough

09:31 12 County, and then do the best we could for

09:31 13 Congressional District 14, while making sure that, as

09:31 14 we pushed in on that balloon in west Central Florida,

09:31 15 it didn't pop out some other way that created adverse

09:31 16 effects that overall made the map perform less -- a

09:31 17 less constitutionally compliant map.

09:31 18 Q Did it address your concerns that eastern

09:31 19 Hillsborough County -- and Hillsborough County itself

09:32 20 was not broken up into several districts?

09:32 21 A Yes, sir.

09:32 22 Q And I think you testified that in 9054, the

09:32 23 amendment, District 16 is back to its original

09:32 24 configuration; is that right --

09:32 25 A Yes, sir.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 388 310

09:32 1 Q -- before the base map?

09:32 2 A Yes, sir.

09:32 3 Q And your understanding was that the Supreme

09:32 4 Court did not require District 16 to be changed; is

09:32 5 that right?

09:32 6 A That's correct.

09:32 7 Q Did you introduce this map in committee?

09:32 8 AI did.

09:32 9 Q And what happened there?

09:32 10 A It was adopted by the committee.

09:32 11 Q And then was it introduced in the Senate?

09:32 12 A It became -- it became then the map that was

09:32 13 presented on the Senate floor, yes, sir.

09:32 14 Q And it was passed on the Senate floor?

09:32 15 A Yes, sir.

09:32 16 Q And in the final map, 9062, is it your

09:32 17 understanding that that configuration of Central

09:33 18 Florida remained the same in the final map that the

09:33 19 Senate passed?

09:33 20 A Yes.

09:33 21 Q That's being presented today?

09:33 22 Let me ask you about your conversations with

09:33 23 Jay Ferrin. Did you ever, in your conversations, tell

09:33 24 Jay to draw particular lines or a boundary in one way

09:33 25 or the other?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 389 311

09:33 1 A No, sir.

09:33 2 Q Did you -- did you know, or did you tell Jay

09:33 3 that you wanted to draw a congressman out of a

09:33 4 district?

09:33 5 A No, sir.I had no idea where that particular

09:33 6 congressman lived.I was 270 miles away from the

09:33 7 capitol when that apparently occurred and didn't learn

09:33 8 about it until someone tweeted out after the vote took

09:33 9 place in committee what had just happened.

09:33 10 Q What was tweeted out?

09:33 11 AI don't know.I think it was the staff

09:33 12 director or the chief of staff for Congressman Ross

09:33 13 tweeted that he had just been drawn out of his

09:34 14 district.

09:34 15 Q And did you know -- did you tell Jay to draw

09:34 16 him out of his district?

09:34 17 A No, sir.

09:34 18 Q Did you -- did you know where he lived so you

09:34 19 could tell Jay where the boundary was?

09:34 20 A No, sir.

09:34 21 Q So was it your intent to draw anybody out of a

09:34 22 district?

09:34 23 A No.

09:34 24 MR. CANTERO: Just a second, Your Honor.

09:34 25 THE COURT: Yes.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 390 312

09:34 1 MR. CANTERO: No further questions, Your

09:34 2 Honor.

09:34 3 THE COURT: Just for clarification, did 9054

09:34 4 become 9062?

09:34 5 MR. CANTERO: 9054 was then combined with the

09:34 6 House's amendment in 9071 to become 9062.

09:34 7 THE COURT: Just like the House except for a

09:34 8 slight variation?

09:34 9 MR. CANTERO: Like the House except for that

09:34 10 area of Florida.

09:34 11 THE COURT: Gotcha. Anybody else on this

09:34 12 side, the House, Mr. Meros?

09:34 13 How about the plaintiffs?

09:34 14 Or is Mr. Meros deciding?

09:34 15 MR. MEROS: I'm sorry.I apologize. Yes.

09:35 16 If you give me just one minute, Your Honor.

09:35 17 Your Honor, if I may approach with two

09:35 18 documents for the Court and for President Lee.

09:35 19 CROSS EXAMINATION

09:35 20 BY MR. MEROS:

09:35 21 Q Good morning, Mr. President. Let me start by

09:35 22 asking you --I've given you two documents, and the

09:36 23 Court. And looking at the first document, which the

09:36 24 title on the left is CD-15, and the last four digits

09:36 25 9062.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 391 313

09:36 1 Do you see that?

09:36 2 A Yes, sir.

09:36 3 Q Okay. Can you tell me what the map in blue is

09:36 4 and what the map in yellow is on the right side?

09:36 5 A The map in blue appears to be Congressional

09:36 6 District 15 as imbedded in map 9062. And on the right

09:36 7 side appears to be Senate District 24, my current

09:36 8 Senate district.

09:36 9 Q Okay. And so the blue district, as you

09:36 10 understand it, is the one that ultimately passed the

09:36 11 Senate?

09:36 12 A Yes, sir.

09:36 13 Q Okay. Now, you talked about having an

09:36 14 incumbent out of his district, . In 9066,

09:37 15 the map that was drawn after the Senate and the House

09:37 16 sine died, was Representative Ross drawn back in his

09:37 17 previous district?

09:37 18 AI honestly don't know.

09:37 19 Q Okay. Okay. Now, you are aware; are you not,

09:37 20 that the Legislature bears the burden of proof to

09:37 21 establish the validity of these legislative maps;

09:37 22 correct?

09:37 23 A Yes, sir.

09:37 24 Q Okay. And if you would, in looking at

09:37 25 Senate -- at Senate District 24 in this first page,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 392 314

09:37 1 you -- you are commonly known as the Senator from

09:37 2 Brandon; is that a fair description?

09:37 3 AI think -- that's not unfair.

09:37 4 Q Okay. And can you tell us, just

09:38 5 approximately, in Senate District 24, you see that

09:38 6 Brandon is -- at least the word is partially there.

09:38 7 Do you live on the eastern side of Brandon?

09:38 8 A Yes, pretty much in central Brandon, but

09:38 9 yes --I live on the eastern side of what is -- well,

09:38 10 I can't really see how this is drawn. But obviously I

09:38 11 live in my Senate district.

09:38 12 Q Okay. And you do --

09:38 13 A I'm in the yellow part.I know that.

09:38 14 Q That's fine. That's fine.

09:38 15 And so if you look at District 15 on 9062 to

09:38 16 the left, can you see there -- it's difficult to

09:38 17 read -- but can you see that Brandon is -- the

09:38 18 entirety of Brandon is included in District 15?

09:38 19 A Yes.

09:38 20 Q Now, with regard to the second map that I

09:38 21 showed you, and on the left it says CD-16, last four

09:38 22 digits, 9066?

09:38 23 Do you see that?

09:39 24 A Yes,I do.

09:39 25 Q Do you -- can you tell whether that is the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 393 315

09:39 1 CD-16 that was created after the Senate sige died and

09:39 2 is commonly called the Galvano Amendment?

09:39 3 A That's my understanding.

09:39 4 Q Okay. And can you see that Brandon is wholly

09:39 5 included within that district?

09:39 6 MR. CANTERO: Your Honor,I tried to let this

09:39 7 go, but this is beyond the scope of direct.I

09:39 8 didn't ask any questions about 9066. There was no

09:39 9 foundation that he was involved in the drawing of

09:39 10 9066.

09:39 11 MR. MEROS:I would be happy to have him as my

09:39 12 witness, Your Honor. But,I mean, I'm just trying

09:39 13 to establish basic location. And Senator Galvano

09:39 14 will be testifying.

09:39 15 THE COURT: Well, he's correct.I will

09:39 16 sustain the objection, and you can call him back

09:39 17 later,I suppose, if we need him.

09:39 18 MR. MEROS: Sure. Okay.

09:39 19 BY MR. MEROS:

09:39 20 Q Now, would you agree with me that if -- if a

09:40 21 legislator, whether a representative, a senator, or a

09:40 22 congressman, drew a district that was favorable to

09:40 23 that legislator, that that would be a violation of the

09:40 24 Florida Constitution?

09:40 25 A No, sir.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 394 316

09:40 1 Q You talked about a map to the detriment of

09:40 2 Hillsborough County and Hillsborough County being a

09:40 3 donor county. Are you aware that Hillsborough County

09:40 4 is one of only two counties in the state, the other

09:40 5 being Miami, that has a -- one Congressional district

09:40 6 wholly within it, and a second district where the

09:40 7 population of that district is over a majority, 53

09:40 8 percent?

09:40 9 A Well,I was --I was generally aware that,

09:41 10 because of the Court's ruling as to the Tier 1

09:41 11 status -- or denying the Tier 1 status to

09:41 12 Congressional District 14, that we were forced to

09:41 13 relocate it into Hillsborough County. We could no

09:41 14 longer go across the bay, that, therefore, as a matter

09:41 15 of court order, essentially, we were now going to have

09:41 16 a Congressional district wholly within Hillsborough

09:41 17 County.

09:41 18 I wasn't terribly familiar with the -- the

09:41 19 metrics of -- the second metric you mentioned.

09:41 20 Q Well, maybe I misstated. Let me see if I can

09:41 21 state it differently.

09:41 22 With regard to the map as existed when -- when

09:41 23 these remedial maps were passed, the existing

09:41 24 Congressional maps, were you aware that Hillsborough

09:41 25 County was one of only two counties in the state that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 395 317

09:41 1 had one Congressional district wholly within it, and a

09:41 2 majority of the population in another district within

09:42 3 Hillsborough County?

09:42 4 A Are you saying when we passed the base map?

09:42 5 Q The existing map, prior to coming in to

09:42 6 special session, prior to drawing a map.

09:42 7 A Yes.

09:42 8 MR. MEROS: No further questions.

09:42 9 THE COURT: Plaintiffs have anything on this

09:42 10 side?

09:42 11 MR. KING: No questions, Your Honor.

09:42 12 THE COURT: All right. Redirect?

09:42 13 MR. CANTERO: Briefly, Your Honor.

09:42 14 REDIRECT EXAMINATION

09:42 15 BY MR. CANTERO:

09:42 16 Q President Lee, Mr. Meros, without directly

09:42 17 asking the question, insinuated that you drew this

09:42 18 district, and you offered this amendment to draw

09:42 19 yourself a Congressional district. So let's come

09:42 20 right out in the open. Did you draw --

09:42 21 MR. MEROS: Let me object, Your Honor, to the

09:42 22 characterization of what I insinuated.I think

09:42 23 it's contrary to what the record shows. But ...

09:42 24 THE COURT:I will edit out the insinuation

09:42 25 part, but I will overrule the objection to the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 396 318

09:42 1 question.

09:43 2 BY MR. CANTERO:

09:43 3 Q Mr. Meros implied --

09:43 4 (Laughter.)

09:43 5 MR. MEROS: Same objection.

09:43 6 THE COURT: Well, let's say if there is any

09:43 7 inference to be drawn from your question to that

09:43 8 effect, without saying that he implied it, but I

09:43 9 will let you ask the question.

09:43 10 MR. CANTERO: Thank you, Your Honor.

09:43 11 BY MR. CANTERO:

09:43 12 Q President Lee, was it your intent in offering

09:43 13 amendment 9054 to the base map to draw yourself a

09:43 14 Congressional district?

09:43 15 A No, sir.

09:43 16 Q Do you intend, assuming map 9062 is approved,

09:43 17 to run in that Congressional district?

09:43 18 A No, sir.

09:43 19 Q Was it your intent -- is it your understanding

09:43 20 that you have to live in a Congressional district in

09:43 21 order to run for that Congressional district?

09:43 22 A It's my understanding that you do not.

09:43 23 MR. CANTERO: No further questions, Your

09:43 24 Honor.

09:43 25 THE COURT: Anything else from either side?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 397 319

09:43 1 MR. KING: No, sir.

09:44 2 Call your next witness. Oh, it's going to be

09:44 3 Dr. Liu?

09:44 4 MR. CANTERO: Yes.

09:44 5 THE COURT: Why don't we take a short break,I

09:44 6 will read Dr. Liu's report.I'll come right back.

09:44 7 (In recess from 9:44 a.m. to 10:06 a.m.)

10:06 8 THE BAILIFF: All rise. Come to order. Court

10:06 9 is back in session.

10:06 10 THE COURT: Have a seat.

10:06 11 THE BAILIFF: Be seated, please.

10:06 12 THE COURT: Okay. Well,I took the

10:06 13 opportunity to read Dr. Liu and Dr. Lichtman's

10:06 14 reports, so I'm ready if you're ready to go.

10:06 15 MR. GREEN: Your Honor, Jesse Green of White &

10:06 16 Case, for the Florida Senate. One minor

10:06 17 housekeeping issue. We are also seeking to offer

10:06 18 the exhibits and the tables and CDs attached to the

10:06 19 report. Those are Senate Exhibits 2-2 through 2-5.

10:06 20 MR. KING: No objection.

10:06 21 MR. GREEN: All right. The Senate calls

10:06 22 Dr. Baodong Liu.

10:06 23 (Senate Exhibit Nos. 2-2 through 2-5 were

10:06 24 received.)

10:06 25 Thereupon,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 398 320

10:07 1 BAODONG LIU

10:07 2 was called as a witness, having been first duly sworn,

10:07 3 was examined and testified as follows:

10:07 4 CROSS EXAMINATION

10:07 5 BY MR. KING:

10:07 6 Q Dr. Liu, good morning.

10:07 7 A Good morning.

10:07 8 Q Would you state your name, please, sir.

10:07 9 A My name is Baodong Liu.

10:07 10 Q And what is your occupation, sir?

10:07 11 A I'm a professor of political science at the

10:07 12 University of Utah.

10:07 13 Q All right. And it is my understanding that

10:07 14 you have been engaged to provide testimony in this

10:07 15 case; is that correct, sir?

10:07 16 A Yes.

10:07 17 Q And by whom are you engaged, sir?

10:07 18 AI was asked by the counsel for the state

10:07 19 Legislature.

10:07 20 Q Who would that be?

10:07 21 A Mr. Jesse Green.

10:08 22 Q Okay. So counsel for the Florida Senate?

10:08 23 A(Nodding head up and down.)

10:08 24 Q That's a yes?

10:08 25 A Yes.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 399 321

10:08 1 Q Okay. And what were you specifically asked to

10:08 2 do, sir?

10:08 3 AI was asked to provide answers regarding the

10:08 4 likelihood for Hispanic voters and African-American

10:08 5 voters to get a racial coalition to elect a minority

10:08 6 candidate in South Florida.

10:08 7 Q That was the sum total of what you were asked

10:08 8 to do, sir?

10:08 9 A Yes.

10:08 10 Q And so you rendered some opinions in this case

10:08 11 and a report?

10:08 12 A Yes.

10:08 13 Q Is that right?

10:08 14 A Yes.

10:08 15 Q And in that report you said that

10:08 16 African-American voters were cohesive, or

10:08 17 African-American candidates in South Florida?

10:08 18 A Yes.

10:08 19 Q And you said that Hispanic voters were more

10:08 20 likely to vote Hispanic Republican in South Florida?

10:09 21 A Yes.

10:09 22 Q And that there was a limited chance for black

10:09 23 or Latino candidates to reach racial coalitions

10:09 24 between the African-American voters and Hispanic

10:09 25 voters in South Florida to win a biracial or

ACCURATE STENOTYPE REPORTERS, INC. J.A. 400 322

10:09 1 multiracial election; is that right?

10:09 2 A It's limited, very limited.

10:09 3 Q Is that the sum total of your opinions in this

10:09 4 case, sir?

10:09 5 A Yes.

10:09 6 Q You weren't engaged to determine whether or

10:09 7 not District 26, under coalition plaintiffs' map,

10:09 8 would retrogress for Hispanic candidates; correct?

10:09 9 A No,I was not asked.

10:09 10 Q You haven't examined carefully District 26 or

10:09 11 27 in either -- in any of the maps?

10:09 12 A No,I was not asked to do that.

10:09 13 Q And certainly you weren't and are not in a

10:09 14 position to testify about whether Hispanics will be

10:10 15 able to elect candidates of their choice under any of

10:10 16 the plans in this case; is that right?

10:10 17 AI was asked to do analysis about the

10:10 18 possibility of racial coalitions. So I do have

10:10 19 opinion about that. But I don't have opinion about

10:10 20 which district will have more chance.

10:10 21 Q And let me make sure I understand how this

10:10 22 works. So when they asked you to look into that, is

10:10 23 it correct that your methodology would then be to

10:10 24 examine, review certain elections?

10:10 25 A Yes.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 401 323

10:10 1 Q And in this case you picked out ten elections

10:10 2 to look at; is that right?

10:10 3 A Yes.

10:10 4 Q Now, you had the opportunity to select any

10:10 5 elections you wanted to look at; is that right?

10:10 6 AI asked them to give me as many elections as

10:10 7 possible, given the time limit.

10:10 8 Q Now, let me -- help me understand that. Do

10:11 9 you mean you asked -- who did you ask to give you

10:11 10 these elections?

10:11 11 AI asked the counsel for the state Legislature.

10:11 12 Q So you mean the counsel for the Legislature

10:11 13 decided which elections you should look at; is that

10:11 14 right?

10:11 15 A No. They didn't decide.I decided the

10:11 16 qualification for what kinds of elections I would

10:11 17 analyze. But they provided the elections.

10:11 18 Q Okay. What qualifications did you give them

10:11 19 when you asked them to provide you with information on

10:11 20 elections?

10:11 21 AI asked them to provide elections that

10:11 22 involved at least two racial groups in terms of

10:11 23 candidacy; sometimes multiple, so we call that

10:11 24 biracial elections or multiracial elections. And I

10:12 25 asked them to give me as recent elections as possible;

ACCURATE STENOTYPE REPORTERS, INC. J.A. 402 324

10:12 1 if not, go back to the history.

10:12 2 Q Well, couldn't you have picked out your own

10:12 3 elections yourself, sir?

10:12 4 AI--I--I could. But I don't have time --I

10:12 5 didn't have time, and I didn't have knowledge about

10:12 6 the local elections that might involve different

10:12 7 racial candidates.

10:12 8 Q Okay. Well all that stuff is available; you

10:12 9 just didn't have the time to find it; right?

10:12 10 A No.I still need people with local knowledge

10:12 11 to tell me what kinds of candidates that I could

10:12 12 analyze under that circumstance.

10:12 13 Q And so with those directions, counsel for the

10:12 14 Senate provided you with a list of elections; is that

10:12 15 right?

10:12 16 A Correct.

10:12 17 Q And are those the ten elections that are in

10:12 18 your report?

10:12 19 A Yes.

10:13 20 Q So none of the elections that you provided --

10:13 21 they provided you did you decide didn't meet your

10:13 22 qualifications?

10:13 23 A Well,I analyzed actually much more than 10.

10:13 24 And only these ten elections took place in the area

10:13 25 that I was asked to do analysis about. That's South

ACCURATE STENOTYPE REPORTERS, INC. J.A. 403 325

10:13 1 Florida.

10:13 2 Q Okay. Did they -- so when they said South

10:13 3 Florida, what did you understand the geographical

10:13 4 limitations on that area were, as far as your analysis

10:13 5 was concerned?

10:13 6 A Yeah. I'm not expert of what, you know --

10:13 7 what boundary South Florida would -- would have. But

10:13 8 I understand that South Florida is a place where there

10:13 9 are a lot of Hispanic voters, especially

10:14 10 Cuban-Americans. That's the knowledge I did have.

10:14 11 Q All right. Well, what counties were you told

10:14 12 would sort of include South Florida?

10:14 13 AI asked them to give me all the counties that

10:14 14 were in South Florida. So Broward, Dade County, for

10:14 15 example.

10:14 16 Q Okay. Were those the two counties you

10:14 17 understood were South Florida?

10:14 18 A Well -- I'm not expert of geography. But I

10:14 19 asked them to give me South Florida elections.I was

10:14 20 given those elections. Therefore I analyzed them.

10:14 21 Q And did you, in your analysis, as you got

10:14 22 ready to analyze these elections, did you look to see

10:14 23 if there was any difference, for example, in south --

10:14 24 in Dade County and Broward County?

10:14 25 A Yeah.I try to analyze all the elections that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 404 326

10:14 1 took place in the south -- in the south region of

10:15 2 Florida. What I wanted to do was to find a pattern,

10:15 3 if I can establish a pattern, then I can make

10:15 4 conclusion.

10:15 5 If I fail, then I cannot make conclusion. So

10:15 6 not necessarily inside South Florida, between one

10:15 7 place and another.

10:15 8 MR. KING: All right. Let's put up D-8,

10:15 9 please.

10:15 10 Your Honor,I've got hard copies of mine if

10:15 11 anybody has trouble seeing these demonstratives.

10:15 12 BY MR. KING:

10:15 13 Q The first one there is D-8. And what that is,

10:15 14 we have taken your --I've taken your ten elections,

10:15 15 and I've kind of broken them down.

10:16 16 We're dealing with Congressional Districts 25

10:16 17 and 26 and 27 in South Florida. But you, of course,

10:16 18 your first two elections there on that list is an

10:16 19 election in Broward County for county judge; correct?

10:16 20 A Yes.

10:16 21 Q Did you understand that the demographics

10:16 22 between blacks, Hispanics, and whites are much

10:16 23 different in Broward County than they are in Dade

10:16 24 County? You didn't understand that?

10:16 25 A Well, no two counties are exactly the same.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 405 327

10:16 1 But I do understand that my nature of task was to

10:16 2 analyze voting pattern. So when we are talking about

10:16 3 Hispanic voters in South Florida, we need to see how

10:17 4 voting behavior can be recovered as one way or

10:17 5 another.

10:17 6 So, yes, they -- the counties are different.

10:17 7 But that doesn't mean that we cannot draw conclusion

10:17 8 about voting behavior concerning Hispanic voters.

10:17 9 Q Well, for example, in Dade County, were you

10:17 10 aware that something like 66 percent of the voters are

10:17 11 Hispanic and 19 percent are African-American?

10:17 12 AI understand they are different. They can be

10:17 13 different across counties.

10:17 14 Q Well, did you know that?

10:17 15 A Yes.

10:17 16 Q All right. And so you understood -- you took

10:17 17 that into consideration as you did this analysis?

10:17 18 A Yes.

10:17 19 Q All right. And what did you understand the

10:17 20 percentage of Hispanics to be in Broward County?

10:17 21 A Like I said, I'm not expert of geography, but

10:17 22 I do understand that both counties contain significant

10:18 23 number of Hispanics. That's why I decided to run

10:18 24 analysis about it.

10:18 25 Q Okay. So you said you knew that Dade had

ACCURATE STENOTYPE REPORTERS, INC. J.A. 406 328

10:18 1 about 66 percent. So how many did Broward have?

10:18 2 AI don't have the knowledge of the exact

10:18 3 percentage.

10:18 4 Q Well, just generally can you tell me?

10:18 5 AI cannot.

10:18 6 Q Okay. So if I told you that Broward had about

10:18 7 28 Hispanic demographics, 29 percent African-American,

10:18 8 and the rest white, you wouldn't have really known

10:18 9 that before; right?

10:18 10 A Well, to answer that question actually has

10:18 11 two-fold answers. First, if we are interested in

10:18 12 voting behavior, say whether we can fill coalition, we

10:18 13 can rely on different counties, and we can draw some

10:19 14 conclusion about the elections in those counties.

10:19 15 But, second, if we are talking about joint

10:19 16 district, obviously the percentage of

10:19 17 African-Americans versus percentage of Hispanics

10:19 18 matter a lot.

10:19 19 They are two different questions, sir.

10:19 20 Q All right. So your first two elections, one

10:19 21 is for county judge; one is for general circuit judge,

10:19 22 both in Broward County, and involved Hispanic

10:19 23 candidates; correct?

10:19 24 A Correct.

10:19 25 Q And in both cases the Hispanic candidate won;

ACCURATE STENOTYPE REPORTERS, INC. J.A. 407 329

10:19 1 correct?

10:19 2 A Well,I need to see my table more carefully to

10:19 3 answer that.

10:19 4 This is not my table. So I had to check my

10:19 5 own table. It's the first one, Broward County judge.

10:20 6 You're right, Hispanic candidate was not defeated.

10:20 7 Q All right. And in the second one for circuit

10:20 8 judge, isn't it correct that the Hispanic candidate

10:20 9 won?

10:20 10 A You are right.

10:20 11 Q Okay. And, of course, those are -- were both

10:20 12 nonpartisan elections; right?

10:20 13 A Yes.

10:20 14 Q I mean, there is a difference in the -- what

10:20 15 you can learn from a nonpartisan election as opposed

10:20 16 to partisan elections like Congress, races for

10:20 17 Congress; right?

10:20 18 A Yes.

10:20 19 Q Now, the next four that you've listed there

10:20 20 are statewide elections. We pulled them out of your

10:20 21 list, all those four Democratic primary for the state

10:20 22 attorney general in 2014, the 2014 commissioner of

10:21 23 agriculture, 2008 presidential election, 2012

10:21 24 presidential election, those are all statewide

10:21 25 elections; correct?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 408 330

10:21 1 A Yes.

10:21 2 Q And none of them involve a Hispanic candidate;

10:21 3 correct?

10:21 4 A Yes.

10:21 5 Q So let's turn now to D-9.

10:21 6 MR. KING: Let's pull up D-9 if you would,

10:21 7 Angie, if you could blow that up a little bit more

10:21 8 so ...

10:21 9 BY MR. KING:

10:21 10 Q Now these are elections within the proposed

10:21 11 Congressional districts we're talking about in Dade

10:21 12 County; 25, 26, and 27. And would you agree that all

10:21 13 these four elections involve Hispanic candidates; is

10:21 14 that right, sir?

10:22 15 AI need to double-check. Yes.

10:22 16 Q Okay. So let's look at the first one. The

10:22 17 first one, the Hispanic candidate in the 2012 general

10:22 18 state Senate,D-35, was Couriel,C-O-U-R-I-E-L?

10:22 19 A Yes.

10:22 20 Q That was the Hispanic candidate; correct?

10:22 21 A Correct.

10:22 22 Q And the Hispanic candidate lost; right?

10:22 23 A Correct.

10:22 24 Q And you indicated that that was a situation

10:22 25 where the Hispanic candidate lost; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 409 331

10:22 1 A Right.

10:22 2 Q But in truth and in fact, Mr. Couriel was not

10:22 3 the Hispanic candidate of choice; was he?

10:22 4 A Could you explain? What do you mean? Could

10:22 5 you raise the question again?

10:22 6 Q Well, you understand the difference between

10:22 7 merely being a Hispanic winner and the Hispanic

10:23 8 candidate of choice; right?

10:23 9 A Well, the Hispanic voters can indeed vote for

10:23 10 a candidate of not the same race.

10:23 11 Q Right.

10:23 12 A In this case it's correct.

10:23 13 Q So in this case, this is a situation where

10:23 14 actually the electorate, the Hispanic electorate, 59

10:23 15 percent of them voted for Senator Margolis and

10:23 16 defeated the Hispanic candidate; right?

10:23 17 A Whites voted more for the Hispanic candidate,

10:23 18 not the Hispanic voters. Correct.

10:23 19 Q And so that's -- that's a situation where the

10:23 20 Hispanic candidate of choice prevailed; right, even

10:24 21 though it wasn't a Hispanic?

10:24 22 A The Hispanic candidate was -- the Hispanic

10:24 23 candidate was defeated, not prevailed.

10:24 24 Q Right. But the Hispanic electorate candidate

10:24 25 of choice prevailed; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 410 332

10:24 1 A Yeah.I was asked to do analysis about the

10:24 2 likelihood for the minority candidate to be elected

10:24 3 through biracial coalition between Hispanics and

10:24 4 African-Americans. In this case obviously this does

10:24 5 not apply.

10:24 6 Q All right. So then the next case is 2014,

10:24 7 another nonpartisan election; correct, sir, for a

10:24 8 county judgeship; right?

10:24 9 A Correct.

10:24 10 Q Now, that was a situation where the Hispanic

10:25 11 candidate lost; right?

10:25 12 A Correct.

10:25 13 Q That was a situation where a young lawyer

10:25 14 decided to run against an incumbent judge and lost;

10:25 15 right?

10:25 16 AI do not recall the details regarding the

10:25 17 candidacy.I don't remember.

10:25 18 Q So you don't know -- you don't really know

10:25 19 anything about the facts of these elections that you

10:25 20 looked at; is that right?

10:25 21 AI was mainly asked to do analysis about the

10:25 22 coalition, if there is any, between African-Americans

10:25 23 and Hispanics.

10:25 24 Q But wouldn't you consider a nonpartisan

10:25 25 election where some person is running against an

ACCURATE STENOTYPE REPORTERS, INC. J.A. 411 333

10:25 1 incumbent sitting judge to be a -- not a very useful

10:25 2 tool in your analysis?

10:25 3 A Given the time has drained,I couldn't do

10:26 4 in-depth analysis of the context in which candidates

10:26 5 won.

10:26 6 Q You would admit that, under those

10:26 7 circumstances, that wouldn't be a very useful result

10:26 8 in your analysis; would it, sir?

10:26 9 AI cannot form opinion right here.I have to

10:26 10 look at the whole context of elections.

10:26 11 Q And -- so the next one you looked at was the

10:26 12 2014 Republican primary for District 26. That's one

10:26 13 of the districts we're talking about in this case;

10:26 14 right?

10:26 15 A Correct.

10:26 16 Q And that was a situation where the Hispanic

10:26 17 Republican defeated the Hispanic Democrat; right, in

10:26 18 District 26?

10:26 19 A In the primary, yeah.

10:26 20 Q In --

10:26 21 A In the primary.I analyzed the primary.

10:26 22 Q Okay. Then I was wrong. In the primary the

10:27 23 Hispanic Republican, Curbelo, prevailed; right?

10:27 24 A Correct.

10:27 25 Q And, of course, incidentally, he went on and

ACCURATE STENOTYPE REPORTERS, INC. J.A. 412 334

10:27 1 beat the Hispanic Democrat in the general election.

10:27 2 But you didn't consider that one; did you?

10:27 3 A Correct.

10:27 4 Q All right. And then the last one is the 2010

10:27 5 general election for the Senate; right?

10:27 6 A Correct.

10:27 7 Q And in that case Senator Rubio, the Hispanic

10:27 8 candidate, crushed the white and the African-American

10:27 9 candidate in that election; isn't that right?

10:27 10 AI wouldn't use the word "crush." He did win.

10:27 11 Q All right. Let's look at how much he

10:27 12 prevailed over his opponents. In District 25 he got

10:28 13 65.9 percent of the vote; Meeks got 12.88; Crist got

10:28 14 21.22. So in District 25 he won by 44.68 percent over

10:28 15 his next -- his nearest competitor.

10:28 16 Isn't that a crushing win?

10:28 17 AI wouldn't use that word.

10:28 18 Q You what?

10:28 19 AI wouldn't use that word.

10:28 20 Q What word would you use?

10:28 21 A He prevailed.

10:28 22 Q Great victory?

10:28 23 A He prevailed by defeating two formidable

10:28 24 opponents.

10:28 25 Q And defeating them very handily; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 413 335

10:28 1 AI wouldn't use those terms.

10:28 2 Q Okay.

10:28 3 A Those are not --

10:28 4 Q I will quit trying to put those words in your

10:28 5 mouth, sir.

10:28 6 So then we get to 26, District 26. Rubio got

10:28 7 50.14 percent of the vote; Meeks, 22.85; and Crist,

10:29 8 27.01, so that Mr.-- Senator Rubio won by 23 points

10:29 9 over his next nearest competitor.

10:29 10 That was a very significant victory in 26;

10:29 11 correct?

10:29 12 A That was a success.

10:29 13 Q Yes, and also a success in 27; right, where he

10:29 14 got 52.34 percent of the vote and won by 22 points

10:29 15 over his nearest competitor.

10:29 16 So in those three districts that we're

10:29 17 concerned with in this case, the Hispanic candidate

10:29 18 performed exceptionally well in this election that you

10:29 19 studied; correct?

10:29 20 A But they didn't perform so well through

10:29 21 biracial coalition.

10:29 22 Q Well, isn't it correct that you can't show us

10:30 23 an election where a coalition of whites and blacks

10:30 24 defeated the Hispanic candidate of choice except for

10:30 25 this one nonpartisan race involving a young lawyer

ACCURATE STENOTYPE REPORTERS, INC. J.A. 414 336

10:30 1 trying to unseat an incumbent county judge? Can you

10:30 2 show us another election, sir, where a coalition of

10:30 3 whites and blacks joined together to defeat the

10:30 4 Hispanic candidate of choice?

10:30 5 AI don't think I analyzed any elections just

10:30 6 based on coalition between whites and blacks.I

10:30 7 was -- like I said,I was asked to do analysis about

10:30 8 coalition between Hispanics and blacks. And I tried

10:31 9 to find answer.

10:31 10 Q In fact, in the ten elections that you

10:31 11 studied, in nine of those elections either the

10:31 12 Hispanic candidate or the Hispanic candidate of choice

10:31 13 prevailed; correct?

10:31 14 AI have to count.I mean we can count.

10:31 15 Q Well, why don't you count for us.

10:31 16 A They can prevail -- Hispanic candidates did

10:31 17 prevail, like I marked on my column 8, but they didn't

10:31 18 prevail through biracial coalition.

10:31 19 That's the key in my report.I have to

10:31 20 emphasize that in order for us to form opinion about

10:31 21 whether or not somebody -- as a minority wins an

10:31 22 election, based on coalition of two minority groups,

10:32 23 one has to analyze whether elections were polarized in

10:32 24 terms of how the two minority groups voted in the

10:32 25 first election.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 415 337

10:32 1 And that's what my three-step analysis did.

10:32 2 So just to say Hispanic candidate wins doesn't mean

10:32 3 that his success is based on the coalition. So, yes,

10:32 4 I can count how many of them did win. Actually just

10:32 5 count my -- the no answers for the defeat in column 8,

10:32 6 we can simply get that answer.

10:32 7 Q Well, tell us.

10:32 8 A Okay. So do you want to know about black

10:32 9 candidates too?

10:32 10 Q I just asked you about Hispanics -- isn't it a

10:32 11 fact that of the ten elections that you cited --

10:32 12 A Yeah.

10:32 13 Q -- the Hispanic candidate won -- or the

10:32 14 Hispanic candidate of choice, Senator Margolis -- in

10:33 15 nine of the ten elections you cited?

10:33 16 A Hispanic candidates,I had --I had --I had

10:33 17 2012, Broward County judge election, which Hispanic

10:33 18 candidate prevailed. And I had 2012 circuit judge

10:33 19 that saw also the Hispanic candidate prevail.

10:33 20 And I also saw -- also listed the U.S.

10:33 21 Congressional District 26 Republican primary, where

10:33 22 the Hispanic candidate prevailed. So that is three

10:33 23 now.

10:33 24 And the in the statewide election

10:34 25 of 2010. So four. Four of them prevailed.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 416 338

10:34 1 Q Four of the ten?

10:34 2 A Four of the Hispanic candidates, not all ten,

10:34 3 because other elections might or might not involve a

10:34 4 Hispanic candidate, so --

10:34 5 Q Right.

10:34 6 A-- you cannot just say --

10:34 7 Q Four of your elections did not involve

10:34 8 Hispanic candidates?

10:34 9 A Right.

10:34 10 Q Right?

10:34 11 A Correct.

10:34 12 Q So out of the six that did involve Hispanic

10:34 13 candidates, only in one case, that county judge

10:34 14 election in 2014 in Section 19, only in that case did

10:34 15 the Hispanic candidate lose; right?

10:34 16 A More than that, 2012 State Senate District 35,

10:35 17 Hispanic candidate lost as well.

10:35 18 Q All right. Let's look at that one, then. The

10:35 19 Hispanic candidate lost in which election?

10:35 20 A In the 2012 State Senate District 35.

10:35 21 Q Well that's the one where Margolis won that;

10:35 22 she was the Hispanic candidate of choice; isn't that

10:35 23 correct, sir?

10:35 24 A No. Actually I already emphasized that this

10:35 25 Hispanic candidate lost. And even though he won

ACCURATE STENOTYPE REPORTERS, INC. J.A. 417 339

10:35 1 majority white vote, he lost the majority Hispanic

10:35 2 vote in the first place. So that should not be

10:35 3 counted as a success of biracial coalition, which I

10:35 4 was asked to do analysis about.

10:35 5 Q Well, actually what you've done here sort of

10:35 6 establishes for a Hispanic to win in Dade County, it

10:36 7 doesn't have to be a coalition of blacks and Hispanics

10:36 8 to elect an Hispanic in Dade County; does it, sir?

10:36 9 A They might win. They might win. And actually

10:36 10 these elections show some of them did win through

10:36 11 maybe white support, you know, but not the coalition

10:36 12 between Hispanics and blacks.

10:36 13 Q And you haven't shown an example of an

10:36 14 election where it was necessary for there to be a

10:36 15 coalition of blacks and Hispanics to elect an Hispanic

10:36 16 candidate; correct?

10:36 17 AI haven't found such an election.

10:36 18 MR. KING: Thank you, Your Honor.

10:36 19 THE COURT: Mr. Devaney, no questions?

10:36 20 Redirect?

10:36 21 REDIRECT EXAMINATION

10:36 22 BY MR. GREEN:

10:36 23 Q Dr. Liu, can you clarify what the scope of

10:36 24 your opinion was?

10:37 25 A Could you repeat the question?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 418 340

10:37 1 Q What were you asked to do in this case?

10:37 2 A Oh,I was asked to do analysis about the

10:37 3 likelihood of electing a minority candidate in South

10:37 4 Florida through biracial coalition between Hispanics

10:37 5 and African-Americans.

10:37 6 Q And, Dr. Liu, were you provided a list of

10:37 7 elections?

10:37 8 AI asked for list of elections.

10:37 9 Q And did that list only include ten elections?

10:37 10 AI--I asked in the summer of this year to do

10:37 11 as many biracial or multiracial elections as possible.

10:37 12 But only ten of the elections that I analyzed involved

10:37 13 South Florida.

10:37 14 Q So did you pick those ten elections, or did

10:37 15 someone else pick them?

10:37 16 A No,I didn't pick them.

10:37 17 Q Of the elections on the list, you picked which

10:37 18 ones you were going to analyze?

10:38 19 A Yes. Among the elections which involve South

10:38 20 Florida,I picked all of them.

10:38 21 Q Okay. Thank you. And can you tell us why you

10:38 22 decided to analyze elections in Broward County?

10:38 23 A Because for me the answer is very simple. We

10:38 24 are concerned with the voting behavior of Hispanics in

10:38 25 South Florida. And if we have very limited number of

ACCURATE STENOTYPE REPORTERS, INC. J.A. 419 341

10:38 1 elections, then we have to analyze county beyond Dade

10:38 2 area to see how Hispanics voted in those areas.

10:38 3 And then we can draw reliable conclusion about

10:38 4 the pattern of Hispanic vote.

10:38 5 Q And can you tell us why you analyzed elections

10:38 6 involving black versus white candidates?

10:38 7 A Because in this case, when a black candidate

10:38 8 run facing another racial candidate, we can have a

10:38 9 chance to analyze how minorities react, especially

10:39 10 Hispanics and African-Americans. Do we see coalition?

10:39 11 And if a black candidate runs, we find

10:39 12 something, and then we compare that with the Hispanic

10:39 13 candidate in the similar situation, and then we can

10:39 14 draw valid conclusion.

10:39 15 Q Now, Mr. King talked to you about the

10:39 16 particular context of an election, particular facts

10:39 17 that were at stake in an election. He tells the

10:39 18 benefit, generally, of quantitative analysis of

10:39 19 elections?

10:39 20 A Yes.

10:39 21 Q Go ahead.

10:39 22 A The methodology of using a quantitative

10:39 23 method, especially, the cutting edge ecological

10:39 24 inference method would allow scholars to make valid

10:39 25 inference about how individual voters vote. And this

ACCURATE STENOTYPE REPORTERS, INC. J.A. 420 342

10:40 1 is very crucial for voting rights indication, because

10:40 2 as we know, all those cast are cast by secrecy.

10:40 3 So we cannot know for sure how different

10:40 4 racial groups voted. And one has to infer one way or

10:40 5 another, and Gary King's methodology has been a very

10:40 6 significant improvement in terms of how we can use

10:40 7 valid assumption about voter behavior and draw a valid

10:40 8 conclusion.

10:40 9 And it has been proved by many, many

10:40 10 scientific reports, including my own study, including

10:40 11 my own published article, and Gary King is a very

10:40 12 well-known scholar. And his work has won American

10:40 13 Political Science Association major award.

10:41 14 MR. GREEN: Mark, could you bring up Coalition

10:41 15 Plaintiffs' Demonstrative 11?

10:41 16 BY MR. GREEN:

10:41 17 Q Dr. Liu, can you see that?

10:41 18 A Yeah.

10:41 19 Q It's a chart involving elections in your

10:41 20 report involving Hispanic candidates?

10:41 21 A Yes.

10:41 22 Q Of those six elections, can you tell me how

10:41 23 many of those elections involved a coalition of

10:41 24 Hispanics and blacks?

10:41 25 A Throughout the process I found only one

ACCURATE STENOTYPE REPORTERS, INC. J.A. 421 343

10:41 1 successful biracial coalition between Hispanics and

10:41 2 African-Americans. And that was the 2014 state

10:41 3 agricultural commissioner election.

10:41 4 Q Okay. And that was -- that involved a black

10:41 5 candidate; right?

10:41 6 A Yes.

10:41 7 Q If we could return to this chart, this

10:42 8 involves Hispanic candidates.

10:42 9 A Oh, Hispanic candidates? I haven't found any.

10:42 10 Q Okay. Right. And on this chart you see --

10:42 11 can you tell us how many involve a coalition of

10:42 12 Hispanics and blacks?

10:42 13 A This chart is --

10:42 14 Q This chart is -- it's a demonstrative. So you

10:42 15 haven't seen it before.

10:42 16 AI cannot see very clearly from here. But I

10:42 17 haven't found any Hispanic candidates that created a

10:42 18 biracial coalition.

10:42 19 Q Okay. If we could return to how many

10:42 20 elections did you analyze that involved a coalition of

10:42 21 Hispanics and blacks?

10:42 22 A Only one.

10:42 23 Q Could you tell us which one that was?

10:42 24 A The 2014 Florida agricultural commissioner

10:42 25 race.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 422 344

10:42 1 Q And could I also direct your attention to

10:42 2 table 2 of your report?

10:43 3 A Okay. Yes.

10:43 4 Q Do you see the 2012 State Senate District 35

10:43 5 election?

10:43 6 A Oh, 2012 state Senate district? Yes.

10:43 7 Q Right. And you say there was no racial

10:43 8 polarization between blacks and Hispanics?

10:43 9 A Right.

10:43 10 Q And do you recall the race of the candidate

10:43 11 who won that election?

10:43 12 A Yeah.I have this election.I recall this

10:43 13 election, yeah.

10:43 14 Q Do you recall the race of the candidate who

10:43 15 won the election?

10:43 16 A Oh, the race of the candidate?I have to

10:43 17 double-check. It could be a white.

10:43 18 Q White? Okay. And you mentioned the

10:43 19 commissioner of agriculture election?

10:43 20 A Yes.

10:44 21 Q And do you recall if the coalition candidate

10:44 22 won that election?

10:44 23 A In South Florida a candidate named Hamilton

10:44 24 did win, but he lost eventually the general election.

10:44 25 MR. GREEN: No further questions, Your Honor.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 423 345

10:44 1 THE COURT: Okay. Anything else on the House

10:44 2 side?

10:44 3 MR. KING: Just a couple questions, Judge,

10:44 4 just for a second.

10:44 5 RECROSS EXAMINATION

10:44 6 BY MR. KING:

10:44 7 Q Isn't it correct, Dr. Liu, that what your

10:44 8 research has showed is that Hispanics can prevail

10:44 9 without a coalition with blacks in South Florida?

10:44 10 THE COURT:I think you already asked him, and

10:44 11 he answered that yes.

10:44 12 MR. KING: Okay.I was just going to --

10:44 13 THE COURT:I hope you're not going to ask him

10:44 14 again --

10:44 15 BY MR. KING:

10:44 16 Q All right. Isn't it a fact that the way they

10:44 17 get elected is by coalition with whites?

10:44 18 A Marco Rubio, certainly.

10:45 19 THE COURT: Anything else on this side?

10:45 20 Call your next witness.

10:45 21 MR. MEROS: The Legislature will call

10:45 22 Dr. Dario Moreno.

10:45 23 Thereupon,

10:45 24 DARIO MORENO

10:45 25 was called as a witness, having been first duly sworn,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 424 346

10:46 1 was examined and testified as follows:

10:46 2 DIRECT EXAMINATION

10:46 3 BY MR. MEROS:

10:46 4 Q Good morning, Dr. Moreno; how are you?

10:46 5 A Very fine. Thank you, Mr. Meros.

10:46 6 Q Tell us your full name and business address,

10:46 7 please, sir.

10:46 8 A I'm Dario Moreno. I'm a professor of

10:46 9 political science at Florida International University,

10:46 10 and I live at 822 Venetian Avenue, Coral Gables,

10:46 11 Florida.

10:46 12 Q Dr. Moreno, how long have you studied Hispanic

10:46 13 and Latino political -- participation in the political

10:46 14 process in Miami-Dade County?

10:46 15 A Since 1987.

10:46 16 Q 1987?

10:46 17 A Yeah.

10:46 18 Q And have your studies and research included

10:46 19 the interaction of white, African-American, and

10:46 20 Hispanic participation in the political process?

10:46 21 A Yes, sir.

10:46 22 Q And how long have you done that?

10:46 23 A Since 1987.

10:46 24 Q And have you had occasion to study and assess

10:46 25 the extent to which whites, Hispanics, and blacks vote

ACCURATE STENOTYPE REPORTERS, INC. J.A. 425 347

10:47 1 cohesively or do not vote cohesively in state and

10:47 2 local elections?

10:47 3 A Yes,I have.

10:47 4 Q Do you do any polling, and have you done any

10:47 5 polling in the past?

10:47 6 A In 1997 I started polling in Miami-Dade

10:47 7 County. And I've been -- and I've had my own polling

10:47 8 company since 2002.

10:47 9 Q As a part of your profession and research, do

10:47 10 you follow local campaigns and the political

10:47 11 contributions that are made in local campaigns?

10:47 12 A Yes,I do.

10:47 13 Q And does someone like you have access over the

10:47 14 Internet to actual political contributions, whether

10:47 15 individual contributions or contributions to PACs?

10:47 16 A Yes, everybody does.

10:47 17 Q And do you have occasion in your research and

10:47 18 experience to access the name ID or the name

10:47 19 identification of certain political people in South

10:47 20 Florida?

10:47 21 A We're doing it all the time.

10:47 22 Q Okay. In Congressional elections in

10:48 23 Miami-Dade County, do Hispanics and African-Americans

10:48 24 vote cohesively?

10:48 25 A No, they do not.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 426 348

10:48 1 Q Do they ever form coalitions?

10:48 2 A Not -- not in -- not until now, no, they have

10:48 3 not.

10:48 4 Q And is there a history of that, in other

10:48 5 words, that they do not vote cohesively?

10:48 6 A Yes, sir. There is a history of even in races

10:48 7 involving blacks on blacks, the Hispanics might, for

10:48 8 example, in the case of Betty Ferguson versus

10:48 9 Artielle, two African-American candidates running

10:48 10 countywide, Hispanics and Anglos favored Artielle.

10:48 11 African-Americans favored Betty Ferguson in that

10:48 12 particular race.

10:48 13 That was one of the races, in fact, that led

10:48 14 Dade County into single-member districts.

10:48 15 Q And as we sit here today, does that same type

10:49 16 of lack of cohesiveness exist?

10:49 17 A It still does, sir.

10:49 18 Q Do Hispanics and blacks in Miami-Dade County

10:49 19 at times vote against each other?

10:49 20 A Yes, sir.

10:49 21 Q Do white Democrats vote cohesively with

10:49 22 Hispanic voters?

10:49 23 A No, they do not. It depends on the race.

10:49 24 Q Now, have you examined the alternative maps

10:49 25 and specifically relating to Districts 25, 26, and

ACCURATE STENOTYPE REPORTERS, INC. J.A. 427 349

10:49 1 27 --

10:49 2 A Yes, sir.

10:49 3 Q -- of the coalition plaintiffs and the Romo

10:49 4 plaintiffs?

10:49 5 A Yes.

10:49 6 Q And do you have an opinion whether District 26

10:49 7 in those maps diminishes the ability of Hispanics to

10:49 8 elect the candidates of their choice?

10:49 9 A Yes,I do. It does diminish --

10:49 10 Q What is that opinion? I'm sorry.

10:49 11 A It does diminish their ability to elect a

10:49 12 candidate of their choice.

10:49 13 Q Okay.

10:49 14 MR. MEROS: And if I may, Your Honor,I would

10:49 15 like to provide --

10:49 16 THE WITNESS: Oh, also, on alternative 1, it

10:50 17 also diminishes the ability to elect in District

10:50 18 27.

10:50 19 BY MR. MEROS:

10:50 20 Q And that is CP-1 you're talking about?

10:50 21 A That's CP-1.

10:50 22 MR. MEROS: If I may approach with a couple of

10:50 23 handouts?

10:50 24 THE COURT: Yes, sir.

10:50 25 MR. KING: Did you provide this to us before?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 428 350

10:50 1 MR. MEROS: That's just a compilation of all

10:50 2 of the --

10:50 3 MR. KING: So you haven't provided that to us?

10:50 4 MR. MEROS: No.

10:50 5 MR. KING: So you've haven't given us your

10:50 6 demonstratives?

10:50 7 MR. MEROS: This was done this morning.

10:50 8 BY MR. MEROS:

10:50 9 Q Dr. Moreno, does that -- can you tell whether

10:51 10 that reflects the black and Hispanic turnout figures

10:51 11 from the various maps at issue in this case?

10:51 12 A Yes, it does, sir.

10:51 13 Q Okay. Now, with regard to your question --

10:51 14 your opinion about diminishment, is the racial or

10:51 15 ethnic composition of the Democratic primary

10:51 16 electorate relevant, if at all, to your conclusions?

10:51 17 A Of course it is.

10:51 18 Q And tell us why.

10:51 19 A Well, the District 26 in the -- in CP-1, CP-2,

10:51 20 and CP-3, and Romo goes from a toss-up district to a

10:51 21 lean Democratic district. In CP-1, for example,

10:51 22 President Obama carried it by 11 percentage points in

10:51 23 2012.

10:52 24 In the map that was adopted by the Florida

10:52 25 Legislature and thrown out, it was 7 points, the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 429 351

10:52 1 margin. And I believe it was similar -- a little less

10:52 2 in the map that the Florida House adopted.

10:52 3 So in -- in making it a lean Democratic

10:52 4 district, at least a lean Democratic district, the

10:52 5 relevancy of the Democratic primary increases.

10:52 6 Q Explain -- explain why.

10:52 7 A Well, because it means that a Democratic

10:52 8 candidate will have an advantage in the general

10:52 9 election against a Republican candidate. So if you're

10:52 10 going to elect a candidate of your choice, it is

10:52 11 important that in a Democratic primary the Hispanic

10:53 12 Democrat and Hispanic voters have a -- have a chance

10:53 13 to prevail --

10:53 14 Q Okay.

10:53 15 A-- to elect a candidate of their choice.

10:53 16 Q And we will continue on with that.

10:53 17 With regard to this handout, does this show

10:53 18 the black and Hispanic turnout percentages in District

10:53 19 26 based on the 2010 election?

10:53 20 A Well, it shows their percentage of the

10:53 21 electorate.I mean, there is a difference between a

10:53 22 turnout figure, which will be 50 percent Hispanic

10:53 23 turnout or 60 percent African-American turnout and the

10:53 24 percentage that you are of the electorate.

10:53 25 Q Correct. Okay. All right. My mistake.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 430 352

10:53 1 And in CPs 1 through 3 and the Romo map,

10:53 2 looking at the demographic groups, what is the largest

10:54 3 demographic group in the Democratic primary in all of

10:54 4 these elections?

10:54 5 A Non-Latin whites.

10:54 6 Q What is the second largest demographic group

10:54 7 in all of these districts -- in all of these maps for

10:54 8 District 26?

10:54 9 A African-Americans.

10:54 10 Q What is the third --

10:54 11 A Except -- except the House adopted map.

10:54 12 Q Okay. And I'm talking about CP-1 --

10:54 13 A Oh, I'm sorry.

10:54 14 Q -- through Romo.

10:54 15 A My mistake.

10:54 16 Q And what is the third demographic group with

10:54 17 regard to the Romo and coalition plaintiffs' District

10:54 18 26?

10:54 19 A Hispanic.

10:54 20 Q Now, do Hispanics control the Democratic

10:54 21 primary?

10:54 22 A No, they do not.

10:55 23 Q Might Hispanics and African-Americans unite to

10:55 24 vote for the same candidate?

10:55 25 A It has not happened before in --

ACCURATE STENOTYPE REPORTERS, INC. J.A. 431 353

10:55 1 Q Can you tell us whether or not

10:55 2 African-Americans are more likely to unite with white

10:55 3 voters than with Hispanic voters?

10:55 4 A They're more likely to unite with white

10:55 5 voters. That has been the historical pattern in Dade

10:55 6 County.

10:55 7 Q And with regard to your analysis of

10:55 8 diminishment, you seem to be making a difference

10:55 9 between whether a district is a toss-up district or a

10:55 10 competitive district,I will say, and one that is a

10:55 11 lean Democratic or lean Republican district?

10:55 12 A That's correct.

10:55 13 Q Okay. And can you tell us whether the

10:55 14 districts CP-1, CP-2, CP-3, Romo Expert 26, whether

10:55 15 those are districts that are more likely to lead to

10:55 16 election of a Democrat?

10:56 17 A Yes, they are.

10:56 18 Q And so why -- what is the difference, and what

10:56 19 is the importance between districts that would be more

10:56 20 likely to elect a Democrat than districts that are

10:56 21 competitive?

10:56 22 A Well, if a district is competitive, the

10:56 23 Democratic establishment -- and I mean by that the

10:56 24 Democratic Party of Florida and the Congressional

10:56 25 Democratic Committee -- have an interest in recruiting

ACCURATE STENOTYPE REPORTERS, INC. J.A. 432 354

10:56 1 and supporting Hispanic Democratic candidates in this

10:56 2 Congressional district.

10:56 3 Q Why would that be?

10:56 4 A Well, because they want to increase their

10:56 5 numbers in Congress. And going against a Republican

10:56 6 incumbent, it makes sense to, in a Hispanic district,

10:56 7 to elect a Hispanic Democrat.

10:56 8 The Democratic party, over the last -- since

10:57 9 2010, has been very active, both the Florida

10:57 10 Democratic party and the Congressional Democratic

10:57 11 party, in getting a candidate -- a Hispanic candidate

10:57 12 to challenge the Hispanic Republican candidate --

10:57 13 Hispanic Democrats to challenge Hispanic Republicans

10:57 14 in the district.

10:57 15 Q Let me stop you there a minute and say, why

10:57 16 would the Democratic party have greater incentive to

10:57 17 support a Hispanic Democrat than they would a

10:57 18 non-Hispanic black or a white Democrat?

10:57 19 A Because if the district is a Hispanic district

10:57 20 in which Hispanics -- and you have Hispanic

10:57 21 Independents -- if you nominate a non-Latin white or

10:57 22 an African-American, the fear will be that Hispanic

10:57 23 Independents will break significantly; right, 70/30,

10:58 24 60/40 towards the Republican candidate.

10:58 25 Q Is that because of party or ethnicity?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 433 355

10:58 1 A That's because of ethnicity.

10:58 2 Q Has that been a part of your research or

10:58 3 experience with regard to what Hispanic independents

10:58 4 do?

10:58 5 A Yes, sir.

10:58 6 Q On both sides do they tend to vote greater

10:58 7 ethnicity than party?

10:58 8 A Well, when there is a difference in ethnicity;

10:58 9 right? When there is a difference in ethnicity

10:58 10 between the Democratic and Republican candidates,

10:58 11 Hispanic independents tend to support their co --

10:58 12 their co-ethnic.

10:58 13 And the Democrats have been very active in

10:58 14 recruiting Hispanic candidates, not only for Congress,

10:58 15 but for the State Legislature.

10:58 16 Q Okay. Before we go further in that, let's

10:58 17 talk a minute about the enacted 2012 District 26,

10:59 18 either 9047 or 9057. And do you see on the bottom of

10:59 19 this the percentages of electorate of black and

10:59 20 Hispanic there? Do you see that?

10:59 21 A Yes, sir.

10:59 22 Q Okay. And do you see that the black-Hispanic

10:59 23 population percentage is 25.5 percent, and Hispanic

10:59 24 22.7 percent?

10:59 25 A Yeah, as percentage of the electorate.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 434 356

10:59 1 Q Percentage of the electorate.

10:59 2 Do those percentages suggest that -- that the

10:59 3 percentages above with CP-1 through CP-3 and the Romo

10:59 4 map, would, in fact, elect an Hispanic candidate of

10:59 5 choice as they are constituted?

10:59 6 A Not necessarily. The issue becomes in -- in

10:59 7 the adopted plan, and in the House adopted plan, the

11:00 8 Hispanics are -- are guaranteed. In fact, in all the

11:00 9 plaintiffs' plan, the Republican primaries is

11:00 10 guaranteed to produce a candidate of choice --

11:00 11 Q And explain that.

11:00 12 A Because over 70 -- over 70 percent of the

11:00 13 voters are going to be Hispanic in an Hispanic primary

11:00 14 in 2010, for example.

11:00 15 The -- the -- the problem becomes, is a

11:00 16 district becomes uncompetitive; right? And if -- the

11:00 17 Republicans are guaranteed to put up an Hispanic

11:00 18 Republican. If a district is competitive, the

11:00 19 Democrats have every incentive in the world to

11:00 20 nominate an Hispanic Democrat, because that will be

11:00 21 the best chance of prevailing against an Hispanic

11:00 22 Republican.

11:00 23 If the district is a lock for the Democrats;

11:01 24 right, if the district is a Democratic district, then

11:01 25 the Democratic party loses its incentive to recruit

ACCURATE STENOTYPE REPORTERS, INC. J.A. 435 357

11:01 1 and support Hispanic candidates.

11:01 2 Q And tell us why.

11:01 3 A Well, because it means that any candidate --

11:01 4 any Democratic candidate will prevail if the district

11:01 5 is so Democratic or so Republican that you don't have

11:01 6 to worry who you nominate.

11:01 7 Q Okay. And is it accurate to say, based on

11:01 8 what you're telling us, that an Hispanic Democrat

11:01 9 might be blocked in a Democratic primary, while an

11:01 10 Hispanic Republican might be blocked in the general

11:01 11 election?

11:01 12 A Yes, it could be a possibility.

11:01 13 Q Okay. And tell us how that might occur.

11:02 14 A Well, there are a couple --I mean, if -- if

11:02 15 you have a well-funded or a well-known, non-Latin

11:02 16 white candidate or African-American candidate running

11:02 17 in CP-26, he could prevail in a district where only a

11:02 18 quarter -- a fifth of the voters are Hispanics. And

11:02 19 then in a general election, and as the plaintiffs'

11:02 20 attorney demonstrated in -- in Senate District 35, the

11:02 21 reason Gwen Margolis was the candidate of choice of

11:02 22 Hispanics in CD-35, CD-35 is a heavily -- the Hispanic

11:02 23 Democrats in that district vote party over ethnicity.

11:02 24 So the Hispanic Democrats in that district,I

11:03 25 expect, will vote party over ethnicity.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 436 358

11:03 1 The question becomes, then, are there enough

11:03 2 Hispanic independents that will support an Hispanic

11:03 3 Republican in the -- in the general election.

11:03 4 Q Now, can you provide an example of any

11:03 5 legislative race that gave you similar concerns about

11:03 6 a Democratic district that did not elect an Hispanic?

11:03 7 A Well, the -- the best example in Miami-Dade is

11:03 8 State Representative District 113. 113 covers

11:03 9 Allapattah, parts of Little Havana, and Miami Beach.

11:03 10 113 is 60 -- almost 67 percent VAP Hispanic as of

11:03 11 2010, probably more now.

11:04 12 And in 2000 -- the district is a Democratic

11:04 13 district. But the district is so Democratic, and

11:04 14 Hispanics are just 32 percent of the Democratic

11:04 15 primary, that no Hispanic candidate has even -- there

11:04 16 has not even been a serious Hispanic candidate, either

11:04 17 Democrat or Republican, in that district. And that

11:04 18 district is currently held by David Richardson.

11:04 19 Q And what, if anything, does that tell you

11:04 20 about whether or not District 26 and CP-1 through 3

11:04 21 and Romo diminish the ability of an Hispanic to be

11:04 22 elected in those districts?

11:04 23 A Well, you have two things going on. One is

11:04 24 the district is becoming more Democratic, and the

11:05 25 Hispanic share in the Democratic primary not

ACCURATE STENOTYPE REPORTERS, INC. J.A. 437 359

11:05 1 increasing, and the black share increasing.

11:05 2 It doesn't necessarily mean that an Hispanic

11:05 3 candidate of choice cannot prevail in a Democratic

11:05 4 primary, but it makes it -- it surely does diminish

11:05 5 their ability.

11:05 6 Similar -- another example, by the way, that's

11:05 7 more geographically -- geographically apropos to CP-1,

11:05 8 CP-2, CP-3, and Romo, is County Commission District 9

11:05 9 in Dade County. County Commission 9 in Dade County is

11:05 10 a nonpartisan race.

11:05 11 It is -- right now, it's 47 percent Hispanic

11:05 12 registration, 33 percent African-American

11:06 13 registration, and 12 percent non-Latin white

11:06 14 registration. It's 34 percent black, excuse me.

11:06 15 That district has elected an African-American

11:06 16 commissioner. And -- and it's very difficult in that

11:06 17 commission district for a non -- for a Hispanic to

11:06 18 prevail. The -- the district is over -- is also

11:06 19 overwhelmingly Democratic.

11:06 20 So the point I'm making is that you have a

11:06 21 little bit of diminishing. You have a diminishing,

11:06 22 because it can get to a point where Hispanics are

11:07 23 locked out.

11:07 24 The reason commission District 9 has been so

11:07 25 favorable to an African-American candidate is because

ACCURATE STENOTYPE REPORTERS, INC. J.A. 438 360

11:07 1 it includes six Richmond Heights precincts that are

11:07 2 very high performing for African-American candidates.

11:07 3 And those -- and by the way, those precincts are now

11:07 4 put in CP-1, CP-2, CP-3, and Romo.

11:07 5 Q And so, if I understand correctly, what you

11:07 6 were saying in CP-1, 2, and 3, Richmond Heights and

11:07 7 other African-American populations in that area have

11:07 8 been placed in District 26. And is that a typically

11:07 9 stronger performing Democratic population than others

11:07 10 in that area?

11:07 11 A Yeah, especially the six African-American

11:08 12 performing precincts in the Richmond Heights area.

11:08 13 Q And does the inclusion of that population in

11:08 14 District 26 make it less likely that an Hispanic

11:08 15 candidate of choice would be elected in that district

11:08 16 than the benchmark?

11:08 17 A In a Democratic primary? Yes.

11:08 18 Q And in a district where the Democrats will

11:08 19 likely win, how important is the Democratic primary?

11:08 20 A Could be all important.

11:08 21 Q Now, with -- let's look at CP-1 a minute, with

11:08 22 the black population of almost 29 percent -- 28.9; an

11:08 23 Hispanic population of 22.8. Might that black

11:08 24 population and Hispanic population coalesce to elect a

11:08 25 Spanish Democrat?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 439 361

11:08 1 A Hasn't happened.

11:08 2 Q And might that population offset itself by

11:08 3 virtue of being polarized?

11:08 4 A It could be.

11:08 5 Q And might there be a reasonable possibility

11:09 6 that, under those circumstances, a white Democrat

11:09 7 could be elected to that office?

11:09 8 A There is a possibility.

11:09 9 Q And considering possibilities, what, if any,

11:09 10 impact does it have to know whether there are

11:09 11 candidates in the area with name recognition or other

11:09 12 supports that might be involved in an election like

11:09 13 this?

11:09 14 A Well,I mean, there are a couple.I mean, one

11:09 15 African-American candidate is Senator Dwight Bullard.

11:09 16 His family has represented the state Senate district

11:09 17 in the area; his mother and father and himself.

11:09 18 And then as non-Latin white candidates you

11:09 19 would have Katy Sorenson, the former county

11:09 20 commission, very popular, especially in the southern

11:09 21 part of Dade County, even though she doesn't live in

11:10 22 the district. As we covered earlier this morning, you

11:10 23 don't have to live in the district to run.

11:10 24 You also have Cindy Lerner, the former state

11:10 25 rep and mayor of Pinecrest who also has expressed

ACCURATE STENOTYPE REPORTERS, INC. J.A. 440 362

11:10 1 interest in running for Congress some day. And you

11:10 2 have Evelyn Greer, the former school board member,

11:10 3 also lives in the Pinecrest area, doesn't live in the

11:10 4 district, but has expressed, in the past, political

11:10 5 ambition.

11:10 6 So they are non-Hispanic candidates.

11:10 7 The other point is the Democratic Hispanic

11:10 8 bench in Dade County is very weak.

11:10 9 Q Explain that if you would, please.

11:10 10 A There is only one Democratic state rep --

11:10 11 representative from Dade County, and that's Javier

11:11 12 Rodriguez from District 112. There are no Hispanic

11:11 13 Democrats on the county commission. There are no

11:11 14 Hispanic Democrats on the county commission; Xavier

11:11 15 Suarez switched from Republican to Independent.

11:11 16 The -- so the Democratic Hispanic bench has

11:11 17 been and . That's pretty

11:11 18 much it.

11:11 19 Q Now let me go back and make sure I understand

11:11 20 about some of the local characteristics. How many

11:11 21 South Florida Hispanic Democrats serve in the Florida

11:11 22 Legislature?

11:11 23 A South Florida Hispanic Democrats, one.

11:12 24 Q One? Okay. And I believe you said that there

11:12 25 are no Hispanic Democrats on the Miami-Dade County

ACCURATE STENOTYPE REPORTERS, INC. J.A. 441 363

11:12 1 Commission?

11:12 2 A No, or on the school board.

11:12 3 Q And how many Hispanic Democrats in local

11:12 4 elected municipal offices within District 26? How

11:12 5 many Democrats are there in local elected municipal

11:12 6 offices within District 26?

11:12 7 AI believe one, Elvis --I forgot his last

11:12 8 name, from Homestead.

11:12 9 Q And, again, with regard to CPs 1 through 3 and

11:12 10 the Romo map, are any of them, the municipalities

11:12 11 within that District 26 predominantly Hispanic -- or

11:12 12 majority Hispanic?

11:12 13 A No. There are very few -- the only

11:12 14 municipalities in commission District 26 I believe is

11:12 15 Homestead and Florida City and then the cities in the

11:13 16 Florida Keys, in Monroe County.

11:13 17 Q Does the District 26 proposed by the coalition

11:13 18 plaintiffs, is that trending more Democrat or less

11:13 19 Democrat?

11:13 20 A Like all of Dade County, it's trending more

11:13 21 Democrat.

11:13 22 Q And what, if any, impact does that have with

11:13 23 your analysis as to whether there is a diminishment in

11:13 24 the ability of an Hispanic candidate to be elected in

11:13 25 their proposed District 26?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 442 364

11:13 1 A Well, it means that the Democratic --I would

11:13 2 expect over the next couple of cycles, bearing, you

11:13 3 know, some changes --I mean,I think if Marco Rubio

11:13 4 is elected president, it might stop the trend.

11:13 5 But if not, then I would expect the trend

11:14 6 toward a more Democratic District 26 will continue.

11:14 7 Q And you're not saying,I don't think, that

11:14 8 just because it would be a Democratic district, that's

11:14 9 a bad thing; correct?

11:14 10 AI don't think it's a bad thing.

11:14 11 Q Okay. But does that trend have an impact on

11:14 12 whether an Hispanic candidate will be elected in

11:14 13 District 26?

11:14 14 A It could. If the district becomes so

11:14 15 Democratic that the Democrats feel that they -- that

11:14 16 any Democrat can get elected, that they don't have to

11:14 17 worry about putting up an Hispanic Democrat against a

11:14 18 Hispanic Republican, like they don't have to worry in

11:14 19 113, then -- then it -- it will definitely -- it could

11:14 20 definitely prevent Hispanics -- could lock Hispanics

11:14 21 out.

11:14 22 Q Now let's go --

11:14 23 A Now, it's --

11:14 24 Q I'm sorry.

11:14 25 A-- important enough -- I'm not saying we're

ACCURATE STENOTYPE REPORTERS, INC. J.A. 443 365

11:15 1 there; all right? I'm saying we could be there. This

11:15 2 map diminishes.I just want --

11:15 3 Q When you say this map diminishes, let me make

11:15 4 sure I understand. Is this map -- do these three --

11:15 5 four maps as presently constituted, sitting here

11:15 6 today, does it diminish the likelihood of the -- of an

11:15 7 Hispanic to be elected in District 26?

11:15 8 A Yes. And CP-1 more than the rest.

11:15 9 Q Okay. And why CP-1?

11:15 10 A Because CP-1, first, you reach almost 29

11:15 11 percent black to 23 percent Hispanic share of the

11:15 12 electorate. But more important, what it does to

11:15 13 District 27.

11:15 14 Q And tell us what it does to District 27.

11:15 15 A Well, what it does to District 27 is it takes

11:15 16 out Hispanic, cohesive neighborhoods in Westchester

11:15 17 and puts them in District 25, packing District 25 from

11:16 18 70 percent Hispanic to 75 percent Hispanic.

11:16 19 Then it puts Miami Beach, which is 50 percent

11:16 20 non-Latin white, 45 percent, 40 percent -- 40 to 45

11:16 21 percent Hispanic area -- into District 26. We do see

11:16 22 the Hispanic VAP from 73 to 68.

11:16 23 And there is no good reason to do that, that

11:16 24 you have the best of all possible natural barriers,

11:16 25 which is Biscayne Bay, between, you know, District 26

ACCURATE STENOTYPE REPORTERS, INC. J.A. 444 366

11:16 1 now.

11:16 2 So while I'm concerned with 2, 3, and Romo,

11:16 3 I'm extremely worried about CP-1, because it seems to

11:17 4 me it unnecessarily puts too many Hispanics in

11:17 5 District 25 and unnecessarily reduces the number of

11:17 6 Hispanics in District 27.

11:17 7 Moreover, it -- it continues -- it shifts

11:17 8 Hispanic, cohesive neighborhoods without necessary,

11:17 9 just to make the district more Democrat.

11:17 10 MR. MEROS: Thank you very much. Appreciate

11:17 11 it.

11:17 12 Just one second. If I may, just one last --

11:18 13 BY MR. MEROS:

11:18 14 Q The one thing I don't think we had mentioned

11:18 15 is the Miami Beach City Commission.

11:18 16 A Yes, sir.

11:18 17 Q Is there anything about the Miami Beach City

11:18 18 Commission circumstance that has a bearing on your

11:18 19 opinions?

11:18 20 A Well, if -- Miami Beach had a Hispanic

11:18 21 Democratic mayor between -- doing math backwards --

11:18 22 2005 and 2013 and had two Hispanic commissioners. In

11:18 23 the 2013 election, that Hispanic mayor lost an

11:18 24 election to city commission, and the other Hispanic

11:18 25 running, also a Hispanic Democrat, were defeated by

ACCURATE STENOTYPE REPORTERS, INC. J.A. 445 367

11:18 1 non-Latin white Democrats, which shows you the danger

11:18 2 of politics in Dade County, where ethnic polarized

11:18 3 voting -- you know, Matti Bower won, but was non-Latin

11:19 4 white supported in the past, but faced with an

11:19 5 attractive, non-Latin white candidate, who had lots of

11:19 6 money, it was very easy to galvanize the non-Latin

11:19 7 white vote in Miami Beach against Hispanic Democratic.

11:19 8 MR. MEROS: Thank you very much.

11:19 9 THE COURT: Anybody else on this side?

11:19 10 MR. CANTERO: No.

11:19 11 THE WITNESS: Can I get some water?

11:20 12 THE COURT: Anybody got some water for the

11:20 13 witness?

11:19 14 CROSS EXAMINATION

11:20 15 BY MR. KING:

11:20 16 Q Good morning, Dr. Moreno.

11:20 17 A Good morning.

11:20 18 Q This is not the first time we have seen you in

11:20 19 this case; is it, sir?

11:20 20 A Unfortunately, no.I think we're all -- well,

11:20 21 hopefully, we're not all lifers here.

11:20 22 Q You refer to yourself in the Legislature as

11:20 23 being in a cottage industry of redistricting; right?

11:20 24 A No.I said I'm part of the cottage industry

11:20 25 of redistricting.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 446 368

11:20 1 Q And so you have had the ability in the past to

11:20 2 opine on this very same issue regarding the enacted

11:20 3 map, 9057; correct?

11:20 4 A That is correct.

11:20 5 Q And 9047; they're the same; right?

11:21 6 A Yes.

11:21 7 Q And, of course, you have strongly endorsed,

11:21 8 from this witness stand -- maybe not the same

11:21 9 courtroom -- but from the witness stand in this case

11:21 10 in front of Judge Lewis, you strongly endorsed the

11:21 11 fact that 9057 did not retrogress; correct?

11:21 12 A Correct.

11:21 13 Q That 9057 performed for Hispanic candidates --

11:21 14 A Yeah --

11:21 15 Q -- in --

11:21 16 A-- and --

11:21 17 Q Excuse me, sir. Let me finish the question.

11:21 18 If you will wait until I finish, then I will wait for

11:21 19 you to finish your answer.

11:21 20 So the question is: You testified that 9057

11:21 21 performed for Hispanic candidates in Districts 25, 26,

11:21 22 and 27 under the enacted map; isn't that correct, sir?

11:21 23 A Yes, sir. And the proof in the pudding is in

11:21 24 the eating.

11:21 25 THE COURT: The proof in the pudding is what?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 447 369

11:21 1 THE WITNESS: The proof in the pudding is in

11:22 2 the eating. I'm sorry.

11:22 3 In 2012, the enacted plan elected a Hispanic

11:22 4 Democrat to Congress, Joe Garcia. 2014, they

11:22 5 elected , an Hispanic Republican to

11:22 6 Congress.

11:22 7 So I believe that these are performing

11:22 8 districts.

11:22 9 BY MR. KING:

11:22 10 Q In fact, they've been performing districts

11:22 11 since the benchmark back in 2002; isn't that correct,

11:22 12 sir?

11:22 13 A That is correct.

11:22 14 Q You endorsed the benchmark district and

11:22 15 indicated that it had been performing in these

11:22 16 Hispanic districts in South Florida, in Dade County,

11:22 17 since 2002; right?

11:22 18 A Correct.

11:22 19 Q Also, sir,I forgot to mention. You indicated

11:22 20 that you primarily have represented Republican

11:23 21 candidates in your work outside of the university;

11:23 22 correct, sir?

11:23 23 A Yes, sir. But I've also represented

11:23 24 Democratic candidates.

11:23 25 Q And during the time you've been involved in

ACCURATE STENOTYPE REPORTERS, INC. J.A. 448 370

11:23 1 this redistricting work, at least since 2010, you've

11:23 2 also been paid something like $63,000 by the

11:23 3 Republican Party of Florida; isn't that correct?

11:23 4 A Well,I've been paid by -- not the Republican

11:23 5 Party of Florida, but the Legislature.

11:23 6 Q Well, no, we're not talking about that. We're

11:23 7 talking about separate work you've done, according to

11:23 8 the Florida Department of State, Division of

11:23 9 Elections, work you've done for the Republican Party

11:23 10 of Florida; isn't that correct?

11:23 11 A Oh, yes, sir. That's correct.

11:23 12 Q Okay. So you've done -- you're the fellow

11:23 13 that lives at 822 Venetian Avenue?

11:23 14 A That's correct.

11:23 15 Q Okay. In Coral Gables, and you've done

11:24 16 consulting and polling, contract labor, all for the

11:24 17 Republican Party of Florida; correct?

11:24 18 A Yes, sir.

11:24 19 Q So you filed a report in this case back on

11:24 20 April 8, 2013, regarding the enacted map; right?

11:24 21 A That's correct.

11:24 22 Q And you indicated that you were very concerned

11:24 23 because of the reduction from 67.44 percent Hispanic

11:24 24 VAP in current District 26 to 63.26 in Romo District

11:24 25 26; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 449 371

11:24 1 A That's correct.

11:24 2 Q But you, during that time, had the opportunity

11:25 3 to give us some testimony about what you thought were

11:25 4 kind of the benchmarks you looked at to determine

11:25 5 whether a district was performing or not; correct?

11:25 6 A Correct.

11:25 7 Q And at one point, isn't it correct, sir, that

11:25 8 you told us, or you indicated that in determining

11:25 9 whether a district will perform for a candidate of

11:25 10 choice for the Hispanic population, usually we're

11:25 11 looking for a voter -- a VAP of 64 to 66 percent, and

11:25 12 we're looking for voter registration of over 50

11:25 13 percent; does that sound like something you would have

11:25 14 said, sir, in the past?

11:25 15 A Yes, sir.

11:25 16 Q Okay. And you also indicated that we're

11:25 17 looking for past performance in elections for Hispanic

11:25 18 candidates to see which candidates are the candidates

11:25 19 of choice for Hispanics; right?

11:26 20 A Yes, sir.

11:26 21 Q And so you know that the -- actually the

11:26 22 benchmark back in 2002 pegged 18 at somewhere around

11:26 23 63.88 percent HVAP; right?

11:26 24 A Right.

11:26 25 Q And it pegged 25 at 64.29 HVAP; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 450 372

11:26 1 A That's correct.

11:26 2 Q And so using your approach, you looked at how

11:26 3 those districts performed over that time, and they

11:26 4 performed very well for Hispanics in Dade County;

11:26 5 isn't that correct, sir?

11:26 6 A Yes, sir.

11:26 7 Q In that they continuously elected the Hispanic

11:26 8 candidate of choice from 2012 --I mean from 2002

11:26 9 right up until now; right?

11:26 10 A Yes, sir.

11:27 11 Q You haven't seen any indication in any

11:27 12 election in District 26 where a coalition of blacks

11:27 13 and whites defeated a Hispanic candidate; have you,

11:27 14 sir?

11:27 15 A No, sir.

11:27 16 Q Now, also you remember testifying in trial

11:27 17 back on -- back in May and June;I can't remember

11:27 18 whether you were in the May session or the June

11:27 19 session -- but May or June of 2014; right?

11:27 20 A Did I testify in trial? Yes, sir.

11:27 21 Q Yes, sir. And then you recall saying that 65

11:28 22 percent VAP and 44 percent Hispanic voter registration

11:28 23 are good rules of thumb; it's a good beginning, and it

11:28 24 means it's a serious effort to draw a Hispanic

11:28 25 district.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 451 373

11:28 1 Do you remember saying that?

11:28 2 A Yes, sir.

11:28 3 Q And, of course, the issue then was the very

11:28 4 same issue that we're dealing with today; isn't that

11:28 5 right, Professor Moreno? The issue was, do the

11:28 6 districts, the South Florida districts, 26, does it

11:28 7 retrogress; right?

11:28 8 A Yes, sir.

11:28 9 Q Did it have an ability to elect Hispanic

11:28 10 candidates? And you testified emphatically in that

11:28 11 trial testimony that 9057 would not retrogress and

11:28 12 would elect Hispanic candidates of choice; right?

11:29 13 A Yes, sir.

11:29 14 Q And 9057 had a Hispanic VAP of 68.9; right?

11:29 15 A Yes, sir.

11:29 16 Q So when you said CP-1, our map, reduces the

11:29 17 VAP from 73 to 68, the VAP in District 26 has never

11:29 18 been 73 for Hispanics; has it, sir?

11:29 19 A The map in the -- map that the House adopted

11:29 20 was 72 percent.

11:29 21 Q Right. But that's their map that's sitting

11:29 22 over here that has never been enacted in the state and

11:29 23 put into application; right?

11:29 24 A That's correct.

11:29 25 Q But the one that was enacted --

ACCURATE STENOTYPE REPORTERS, INC. J.A. 452 374

11:29 1 A Yeah, for 26, but we're talking about 27.

11:29 2 Q Well, your report primarily talks about 26;

11:30 3 isn't that right, sir?

11:30 4 A But in -- but the drop from 73 to 68 didn't

11:30 5 occur in 26. In your -- it occurs in CP-1 in 27.

11:30 6 Q Okay. What's the VAP in CP-1 in 27?

11:30 7 A Excuse me?

11:30 8 Q Do you know?

11:30 9 A The VAP in CP-1 in 27 is 68.

11:30 10 Q Isn't it 69?

11:30 11 A 69.

11:30 12 Q Well, which is it?

11:30 13 A 69. Sorry.

11:30 14 Q And the VAP in CP-1, District 26, is 68.3;

11:30 15 right?

11:30 16 A Yes. But I'm talking about 27; what's the VAP

11:30 17 for 27.

11:30 18 Q Well --

11:30 19 A You change 27. CP-1 changes 27. And that's

11:30 20 what I-- and -- and that's what I'm talking about.

11:31 21 Q CP-1 changes 26; doesn't it?

11:31 22 A Yes.

11:31 23 Q Okay.

11:31 24 A I'm talking about --

11:31 25 Q Well, is it your position that CP-1 does not

ACCURATE STENOTYPE REPORTERS, INC. J.A. 453 375

11:31 1 retrogress as far as 26 is concerned?

11:31 2 A No, it is not.

11:31 3 Q Okay. So you're taking the position that it

11:31 4 does retrogress?

11:31 5 A I'm taking the position that it diminishes the

11:31 6 ability of Hispanics to elect a candidate of their

11:31 7 choice.

11:31 8 Q Okay. So when you were here back in May of

11:31 9 2014, you testified that the enacted map would not

11:31 10 retrogress -- and that included 26; isn't that right?

11:31 11 A That's right.

11:31 12 Q And you said that a VAP -- Hispanic VAP in

11:31 13 District 26 of 68.9 was not retrogressive in any way;

11:32 14 correct?

11:32 15 A Taken by itself. But you have to -- when you

11:32 16 do a functional analysis, you have to look at not only

11:32 17 voting age population, registration, you have to look

11:32 18 at primary voting; you have to look at -- at -- at

11:32 19 voter turnout.

11:32 20 You have to look at all the data.

11:32 21 Q Okay.

11:32 22 AI began, and I stick by my testimony, that a

11:32 23 VAP of 65 -- 64, 65, and a Hispanic registration of

11:32 24 over 50 percent is a good starting point.

11:32 25 Q Well, actually you told the Court here last

ACCURATE STENOTYPE REPORTERS, INC. J.A. 454 376

11:32 1 year that even 44 percent registration is a good

11:32 2 starting point; right?

11:32 3 A Right.

11:32 4 Q And, you know, let's just square away so we

11:32 5 know what we're dealing with here in this case. CP-1,

11:33 6 District 26, has a voting age population for Hispanics

11:33 7 of 68.3; right?

11:33 8 A Correct.

11:33 9 Q It's almost exactly the same as the map that

11:33 10 you said last year was not retrogressive; isn't that

11:33 11 right?

11:33 12 A But you're mixing terms, sir --

11:33 13 Q Well, voting age --

11:33 14 A Hold on a second.

11:33 15 MR. MEROS: Excuse me, Your Honor. He should

11:33 16 be able to finish his answer. He interrupted.

11:33 17 BY MR. KING:

11:33 18 Q Sure. Finish.

11:33 19 A You're changing terminology. You're saying

11:33 20 just because you have a similar VAP doesn't mean you

11:33 21 have a similar map. Yes, the VAPs are similar. But

11:33 22 the maps are different.

11:33 23 Q Okay.

11:33 24 MR. KING: Let's put up D-3.

11:34 25 THE WITNESS:I cannot --

ACCURATE STENOTYPE REPORTERS, INC. J.A. 455 377

11:34 1 BY MR. KING:

11:34 2 Q Okay. We're going to give you a hard copy --

11:34 3 I tell you what, let's start with these two first.

11:34 4 MR. KING: Let's put up D-12 first.

11:34 5 BY MR. KING:

11:34 6 Q Let me show you D-12.

11:34 7 AI cannot come close to reading that.

11:34 8 THE COURT:I can see it on the screen here.

11:34 9 MR. KING: You can see that?

11:34 10 BY MR. KING:

11:34 11 Q Now,D-12 -- do you have your copy of your

11:35 12 report in front of you up there?

11:35 13 A No,I do not.

11:35 14 Q You remember that you did a chart in your

11:35 15 report of September 18, 2015?

11:35 16 A Yes, sir.

11:35 17 Q And -- let me give you a copy, hard copy of

11:35 18 your report, too, Doctor, if I could.

11:35 19 A Thank you. Yes, sir.

11:35 20 Q All right. And so you're looking at a report

11:35 21 entitled District Ethnic Voters -- or looking at a

11:36 22 table 20 --

11:36 23 A You're looking at mine or yours?

11:36 24 Q I'm looking at the one I gave you. If you

11:36 25 would look at yours.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 456 378

11:36 1 A Okay. Yours says Hispanic Democratic voters.

11:36 2 And I say "ethnic voters."

11:36 3 Q Well, look at your --

11:36 4 A Table 3?

11:36 5 Q -- table 4.

11:36 6 A Okay.

11:36 7 Q Table 4. Do you see that in your report?

11:36 8 A Yes, sir.

11:36 9 Q And what I have done to D-12 --D-13 is I have

11:36 10 added a bottom line, which is 9057.

11:36 11 Do you see it? That's the enacted map?

11:36 12 A Yes, sir.

11:36 13 Q All right. And so we include for District

11:36 14 26 -- now we have already talked about the fact that

11:37 15 for the enacted map the voter age population for

11:37 16 Hispanics was 68.9, and for CP-1 it's 68.3; right?

11:37 17 A That's correct.

11:37 18 Q And so that's well above the benchmark that

11:37 19 you have indicated over and over again as being the

11:37 20 appropriate level that you would think a Hispanic

11:37 21 district would perform for Hispanics; right?

11:37 22 A It would be the starting point of drawing a

11:37 23 Hispanic district, yes, sir.

11:37 24 Q Okay. Well, that and voter registration were

11:37 25 what you have said in the past were the two issues

ACCURATE STENOTYPE REPORTERS, INC. J.A. 457 379

11:37 1 that were the most important to you; right?

11:37 2 A Were the beginnings. But, yes. Go ahead.

11:37 3 Q And so in this chart we have the first

11:37 4 category is Hispanics as a percentage of registered

11:37 5 Democrats, 2010 general election.

11:38 6 Do you see that?

11:38 7 A Yes, sir.

11:38 8 Q Now in your chart you compared it -- you

11:38 9 compared the four alternative plans to the

11:38 10 Legislature's new proposal; right?

11:38 11 A That's correct.

11:38 12 Q But if you add the enacted map, you see that

11:38 13 basically CP-1 is very close to identical as far as

11:38 14 Hispanics as a percentage of registered Democrats in

11:38 15 the 2010 general election; correct?

11:38 16 A Correct.

11:38 17 Q And, of course --I think you said at some

11:38 18 point --I've read a lot of your testimony -- you said

11:38 19 something about in South Florida you go to sleep at

11:38 20 night, and everything changes by the time you wake up

11:38 21 in the morning or something like that.

11:38 22 Does that sound like something you might have

11:38 23 said?

11:38 24 AI wish I was as eloquent as you were.

11:38 25 Q Well, but the point was yours; right, that

ACCURATE STENOTYPE REPORTERS, INC. J.A. 458 380

11:39 1 things are moving fast down in South Florida?

11:39 2 A Yes, they move fast, sir.

11:39 3 Q And 2010 is five years past; right? That's

11:39 4 the 2010 numbers you're relying on there; right?

11:39 5 A Yes.

11:39 6 Q Registered Democrats among Hispanics are going

11:39 7 at a much faster pace than registered Republicans;

11:39 8 right?

11:39 9 A Correct.

11:39 10 Q But at any rate --

11:39 11 AI mean they're slowing down now in the last

11:39 12 year --I mean just -- that's a point.

11:39 13 Q So the enacted map, which you said didn't

11:39 14 retrogress, has essentially the same percentage of

11:39 15 registered Democrats or Hispanics in the 2010 election

11:39 16 as our proposed map; correct?

11:39 17 A Yes, sir.

11:39 18 Q And then you indicate -- you have blacks as a

11:39 19 percentage of registered Democrats, 2010 general

11:39 20 election; under our map it's 26.5; under CP-2 it's

11:40 21 22.9; the enacted map is 16 -- is 21.4; correct?

11:40 22 A Could you repeat that? I'm sorry.

11:40 23 Q Yes, sir. The 9057, the enacted map, had 21.4

11:40 24 percent blacks, 26.5 under CP-1 --

11:40 25 AI don't have that in front of me, and I'm

ACCURATE STENOTYPE REPORTERS, INC. J.A. 459 381

11:40 1 having trouble reading it.

11:40 2 Q I think you do have this in front of you, sir.

11:40 3 A No. You gave me this, and this and my

11:40 4 testimony and my --

11:40 5 Q You are correct. Let's see how we ...

11:41 6 (Discussion off the record.)

11:41 7 BY MR. KING:

11:41 8 Q (Tendering document.)

11:41 9 A Thank you, sir.

11:41 10 Q All right. So we have --

11:42 11 A You gave me black sheet. You gave me the same

11:42 12 one I had.

11:42 13 Q There you go, sir. Now we know you've got

11:42 14 both of those, and we're going to go through both of

11:42 15 them.

11:42 16 A Okay.

11:42 17 Q So on the District 26 ethnic voters --I'll

11:42 18 pull it back up -- you see that it has blacks as a

11:42 19 percentage of registered Democrats 2010, CP-1, 26.5;

11:42 20 the enacted map 9057, 21.4; right?

11:42 21 A Uh-huh.

11:42 22 Q Is that yes?

11:42 23 A Yes, sir.

11:42 24 Q All right. And then blacks as a percentage of

11:42 25 the electorate, the Democratic primary, 28.9 percent

ACCURATE STENOTYPE REPORTERS, INC. J.A. 460 382

11:42 1 under CP-1, 25.5 percent under the enacted map that

11:43 2 you endorsed here last year; correct?

11:43 3 A Correct.

11:43 4 Q And then Hispanics as a percentage of the

11:43 5 electorate in the 2010 Democratic primary. Do you see

11:43 6 that in CP-1 for District 26 it's 22.8 percent? And

11:43 7 in the enacted map it's 22.7 percent; right?

11:43 8 A Correct.

11:43 9 Q You endorse the enacted map; right?

11:43 10 A Correct.

11:43 11 Q And just to further that, let's look at D-12

11:43 12 now.D-12 is the other one that is entitled, sir,

11:43 13 District 26 Hispanic Democratic Voters.

11:43 14 Now this was a chart, a table, that's in your

11:43 15 report; correct?

11:43 16 A Yes, sir -- well -- yes, sir.

11:43 17 Q It's table 3; right?

11:43 18 A Yes, sir. Yes, sir.

11:44 19 Q And table 3 said that this analysis

11:44 20 demonstrates serious flaws in the ability of Hispanic

11:44 21 voters to elect candidates of their choice in District

11:44 22 26; right?

11:44 23 A Correct.

11:44 24 Q All right. But if we look at this table 3,

11:44 25 you say in your report, table 3 shows all four of the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 461 383

11:44 1 plans have significantly fewer Hispanic Democrats in

11:44 2 District 26 than the Legislature's plan; right?

11:44 3 A Yes.

11:44 4 Q Again, you're just comparing our map to a plan

11:44 5 proposed by the Legislature. But you weren't

11:44 6 comparing it to the enacted map; right?

11:44 7 A No, sir.

11:44 8 Q But now I added that bottom line there, which

11:44 9 is the enacted map; right?

11:44 10 A Right, sir.

11:44 11 Q And so if we compare CP-1, District 26,

11:44 12 Hispanics as a percentage of registered voters, 54.7

11:45 13 percent under that 2010 election; 55.3 under 9057 you

11:45 14 said was okay; right?

11:45 15 A Yeah.

11:45 16 Q And Hispanics as a percentage of registered

11:45 17 Democrats, 2010 general election, 42.5 in CP-1; 42.6

11:45 18 in 9057; right?

11:45 19 A Correct.

11:45 20 Q I mean, that's not enough difference to make

11:45 21 any difference; is it, sir?

11:45 22 A Yes, it is.

11:45 23 Q Between 42.5 and 42.6 as for Hispanics as a

11:45 24 percentage of registered Democrats, how did you figure

11:45 25 that out, sir?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 462 384

11:45 1 A Well, a couple of things. First of all,

11:45 2 again, you're not taking into account partisanship,

11:45 3 moving from a toss-up district to a lean Democratic

11:45 4 district. You're not taking into account the -- that

11:46 5 if the district becomes so Democratic that the

11:46 6 Democrats don't have to worry about losing to an

11:46 7 Hispanic Republican, there would be no incentive to

11:46 8 recruit and support Democratic Hispanics for those --

11:46 9 for that race.

11:46 10 You're also not taking into account that

11:46 11 Hispanic Democrats, especially in CD-26, tend to turn

11:46 12 out far less than blacks or non-Latin whites.

11:46 13 If you look at your own charts, compare the

11:47 14 Democratic percentage of registration to who actually

11:47 15 turned up. So with -- in all of them, including the

11:47 16 legislative adopted plan and the legislative proposed

11:47 17 plan, Democratic percentage of the electorate is much

11:47 18 lower than Democratic registered voters, meaning the

11:47 19 Democratic voters aren't -- the Democratic Hispanics

11:47 20 aren't turning out to vote in primaries.

11:47 21 Similarly, look at blacks as a percentage of

11:47 22 the electorate compared to blacks as -- compared to

11:47 23 registration. And in all -- and in all the cases

11:47 24 black registration is lower than black participation,

11:47 25 meaning that blacks do come out and vote in primaries.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 463 385

11:48 1 So that fact, that indication, is what

11:48 2 concerns me that, as you increase black vote, and

11:48 3 Hispanic vote remains the same, that the district can

11:48 4 become so Democratic that the Democrats can nominate

11:48 5 anybody, and that person will get elected.

11:48 6 Q Well, there has certainly never been an

11:48 7 example of that; has there, sir?

11:48 8 A In Dade County?

11:48 9 Q In --

11:48 10 A Dade County?

11:48 11 Q -- District 26.

11:48 12 A Well, District 26, we've had two elections.

11:48 13 Q Right, so under the enacted map -- under the

11:48 14 enacted map, Hispanics won every time; right?

11:48 15 A But we have examples in other parts of Dade

11:48 16 County.

11:48 17 And by the way, sir, Hispanics are not 66

11:48 18 percent of the voters in Dade County; they're 60

11:48 19 percent.

11:48 20 Q How many?

11:48 21 A 60 percent.

11:48 22 Q Have you checked your facts on that?

11:48 23 A Yes.

11:48 24 Q Okay.

11:48 25 A Yeah, because it goes from 55 to 66 percent,

ACCURATE STENOTYPE REPORTERS, INC. J.A. 464 386

11:48 1 depending on which election you pick.

11:49 2 Q So there are elections that they're 66?

11:49 3 A Yes. And there are elections that are 55.

11:49 4 Q But what about registered voters?

11:49 5 A Registered voters is just an indication. You

11:49 6 have to look at registered voters; you have to look at

11:49 7 turnout, because turnout are actually -- there are

11:49 8 groups who traditionally underperform. Non-Cuban

11:49 9 Hispanics are one of those groups.

11:49 10 Q All right. Let's look at turnout. In fact,

11:49 11 that's on your chart. You were talking about turnout

11:49 12 under our map at 22.8 percent. And you thought that

11:49 13 was significantly less than the arrangement that it

11:49 14 would be under the Legislature's proposed plan of

11:49 15 25.5; right?

11:49 16 A Right.

11:49 17 Q But, of course, under the enacted plan that

11:49 18 you previously endorsed it's 22.7. It's actually less

11:49 19 than the plan proposed by the -- by the plaintiffs;

11:49 20 isn't that correct?

11:49 21 A It is correct. But you're not looking at the

11:50 22 partisanship aspect of the district.

11:50 23 Q Well, I'm just looking at what you said

11:50 24 before. Before you said this was -- this was okay.

11:50 25 Today you say this is not okay. It's just a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 465 387

11:50 1 year's passed since you said the other. What's

11:50 2 changed?

11:50 3 A But they're not the same districts, sir.

11:50 4 They're different districts; they're different maps.

11:50 5 Q But you look at the metrics --

11:50 6 A No.

11:50 7 Q -- of the district. That's all you talk about

11:50 8 in your report; isn't it, Dr. Moreno? You don't talk

11:50 9 about all these little anecdotes that you tell us as

11:50 10 you testify; you talk about the percentages in these

11:50 11 tables in your report; isn't that correct, sir?

11:50 12 That's how you made your case; right?

11:50 13 A Sir, what I'm telling you is that I look at,

11:50 14 you know, there are no fast rules -- you know,

11:50 15 ironclad rules of a district performing. But we can

11:51 16 perform by looking at past elections, by looking at

11:51 17 areas, by looking at possibilities of -- of

11:51 18 electing -- of coalition building between different

11:51 19 ethnic groups. You cannot take an election in a

11:51 20 vacuum. Every election is different.

11:51 21 Q All right.

11:51 22 A Your district may well perform, but it may not

11:51 23 perform.I think the chances of it not performing is

11:51 24 higher under -- under the -- under CP-1, CP-2, CP-3,

11:51 25 and Romo than the legislative adopted plan or the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 466 388

11:51 1 enacted plan.

11:51 2 Q Well, do you think --I guess you would also

11:51 3 say, then, that under 9057, the chances of 9057, the

11:51 4 current enacted map that's electing people today, the

11:51 5 chances are it wouldn't perform; is that right?

11:51 6 A No, sir, that's not what I've testified. But

11:52 7 they're not the same district.

11:52 8 Q Okay. Well, let's talk about the tools of

11:52 9 your trade, sir. Would it be fair to say that among

11:52 10 the tools of your trade would be the HVAP? You always

11:52 11 refer to that; don't you?

11:52 12 A Yes.

11:52 13 Q Would the tools of your trade include the

11:52 14 percentage Hispanic of registered voters?

11:52 15 A Yes, sir.

11:52 16 Q The percentage black of registered voters?

11:52 17 A Yes, sir.

11:52 18 Q The percentage Hispanic of Democratic

11:52 19 registered voters?

11:52 20 A Yes, sir.

11:52 21 Q Percentage black of Democratic registered

11:52 22 voters?

11:52 23 A Yes.

11:52 24 Q Percentage Hispanic of Republican voters?

11:52 25 A Right.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 467 389

11:52 1 Q Percentage black of the Democratic primary?

11:52 2 A Yes.

11:52 3 Q And you would look at both 2010 and 2012;

11:52 4 correct?

11:52 5 A Yes, sir.

11:52 6 Q And you would also look and consider how the

11:52 7 district was performing; right?

11:52 8 A Yes.

11:52 9 Q You would look at all those things?

11:52 10 A And you will look at partisan breakdown.

11:52 11 Q All right.

11:52 12 MR. KING: Bring up D-3, please.

11:53 13 BY MR. KING:

11:53 14 Q Dr. Moreno, you can't possibly see that from

11:53 15 here. I'm going to give you a copy right there that

11:53 16 hopefully you can see.

11:53 17 Now, you will see, Dr. Moreno, that --

11:53 18 THE COURT:I can see it on the screen.

11:53 19 MR. KING: You've got it on the screen there?

11:53 20 BY MR. KING:

11:53 21 Q So you see, Dr. Moreno, that we reported all

11:53 22 these figures here for the tools of your trade that we

11:53 23 just discussed --

11:53 24 A Can I make a comment?

11:53 25 Q Well, maybe if I could just --

ACCURATE STENOTYPE REPORTERS, INC. J.A. 468 390

11:53 1 A Well, it's just that you have 2010 Obama, 2012

11:54 2 Sink.

11:54 3 Q Average.

11:54 4 A Yeah, but Obama ran in 2012.

11:54 5 Q We made a mistake. Can you reverse those?

11:54 6 Can you mentally reverse Sink to 2010 and Obama to

11:54 7 2012?

11:54 8 A Yes.

11:54 9 Q Thank you. But I appreciate you pointing that

11:54 10 out.

11:54 11 So, now, looking at this document, we see, as

11:54 12 we start down the page comparing -- and what I've got

11:54 13 in there is the enacted map. The second plan is the

11:54 14 enacted map; right? The second line, column, you see

11:54 15 it says 9047, 9057 --

11:54 16 A Yes, sir.

11:54 17 Q -- CD-26?

11:54 18 A Yes, sir.

11:54 19 Q You see the HVAP in 2010, 68.91?

11:54 20 A Yes, sir.

11:55 21 Q You know that's correct; right?

11:55 22 A Yes, sir.

11:55 23 Q And you see under CP-1 it's 68.3?

11:55 24 A Correct, sir.

11:55 25 Q Essentially the same; right?

ACCURATE STENOTYPE REPORTERS, INC. J.A. 469 391

11:55 1 A Yes, sir. The numbers are the same.

11:55 2 Q And then percentage Hispanic of registered

11:55 3 voters, 55.5 under the enacted map; 54.7 under CP-1;

11:55 4 right?

11:55 5 A Right.

11:55 6 Q And that's essentially the same; right?

11:55 7 A The numbers are the same.

11:55 8 Q Yeah. And then percentage Hispanic of

11:55 9 Democratic voters, 42.6 under the enacted map; 42.5

11:55 10 under CP-20 -- CP-1, District 26; right?

11:55 11 AI corrected Mr. Meros;I will correct you.

11:55 12 Percentage of Hispanic registered voters.

11:55 13 Q Okay.

11:55 14 A Not voters. There is a difference.

11:55 15 Q I thought I said that, but --

11:55 16 A No.

11:55 17 Q Percentage Hispanic of Democratic registered

11:55 18 voters; right?

11:56 19 A Yes. Right. Correct.

11:56 20 Q That's what the chart says; right?

11:56 21 A Right.

11:56 22 Q And that's the same; right? 42.6; 42.5?

11:56 23 A The numbers are the same.

11:56 24 Q All right. And then as far as percentage

11:56 25 black of Democratic registered voters, 21.4 under the

ACCURATE STENOTYPE REPORTERS, INC. J.A. 470 392

11:56 1 enacted map; 25.1 under CP-1. So that's like about

11:56 2 three and a half points difference; right?

11:56 3 A 3.7.

11:56 4 Q 3.7. Good. And then percentage Hispanic of

11:56 5 Republican registered voters, 65.6; under our plan,

11:56 6 64.7. Very close; right?

11:56 7 A Yes, sir.

11:56 8 Q Percentage of Hispanic -- of Democratic

11:56 9 primary -- now that's what you say is very important.

11:56 10 The Democratic -- what's the turnout at the Democratic

11:56 11 primary? It's greater under CP-1 than under the

11:57 12 enacted map, although it's essentially the same;

11:57 13 right?

11:57 14 A The numbers, yes.

11:57 15 Q And then percentage black of the Democratic

11:57 16 primary, CP-1, 28.9; district -- the enacted, 25.5;

11:57 17 right? 2.8 difference; correct?

11:57 18 A 3.4.

11:57 19 Q 3.4 difference. Okay.

11:57 20 And then -- then we go to 2012, because you

11:57 21 don't stop at 2010 in your analysis; do you, sir? In

11:57 22 your report you only refer to the 2010 numbers?

11:57 23 A Yeah, because those are where we had primary

11:57 24 numbers.

11:57 25 Q But we have some numbers that are helpful to

ACCURATE STENOTYPE REPORTERS, INC. J.A. 471 393

11:57 1 us in 2012; isn't that right?

11:57 2 A That could be helpful, yes, sir.

11:57 3 Q All right. And so we see the percentage of

11:57 4 Hispanic registered voters in 2012, it's 57.3; in the

11:58 5 enacted map it's 56.5 in CP-1; correct?

11:58 6 A Yes, sir.

11:58 7 Q And then we see the percentage Hispanic of

11:58 8 Democratic registered voters, 45.3 in the enacted map;

11:58 9 45 in CP-1; right?

11:58 10 A Right.

11:58 11 Q That's -- there is no difference there,

11:58 12 significant -- any significant difference there;

11:58 13 right?

11:58 14 A In the numbers, no.

11:58 15 Q In the numbers. And then we see percentage

11:58 16 Hispanic of Republican registered voters, 66.2; in the

11:58 17 enacted map, 65.5 in CP-1, District 26; right?

11:58 18 A Yes, right.

11:58 19 Q And you endorsed this enacted map over and

11:58 20 over as not being retrogressive; isn't that correct,

11:58 21 sir?

11:58 22 A Yes, sir.

11:59 23 Q Okay.

11:59 24 MR. KING: Your Honor,I've got a little while

11:59 25 longer, not too much longer, if you want to take a

ACCURATE STENOTYPE REPORTERS, INC. J.A. 472 394

11:59 1 lunch break,I could probably organize myself --

11:59 2 THE COURT: We have been going a while. It's

11:59 3 probably a pretty good time to take a break, so we

11:59 4 might as well make it a lunch break.

11:59 5 How are you doing generally on time?

11:59 6 MR. KING:I don't think I'm going to take

11:59 7 much longer, very much redirect, and we've got two

11:59 8 witnesses that we've got to get done this

11:59 9 afternoon.

11:59 10 THE COURT: You're okay, then, on your time?

11:59 11 MR. KING: And one of those we're not going to

11:59 12 have direct on, so -- that's Dr. Lichtman,I think

11:59 13 hopefully we can finish by your 4:30.

11:59 14 THE COURT: Okay. Do we need to take a

11:59 15 shorter lunch, or are we okay --

11:59 16 MR. MEROS: Your Honor, if we could have at

11:59 17 least an hour and 15 minutes.

11:59 18 THE COURT:I was going to say an hour and a

11:59 19 half if you thought you're okay. If not,I'll cut

11:59 20 it.

11:59 21 MR. DEVANEY: Your Honor,I have about 10 or

11:59 22 15 minutes for Dr. Moreno, and then

11:59 23 Dr. Ansolabehere is on next. His direct will

12:00 24 probably take 20, 25 minutes. And I don't know how

12:00 25 much cross they have.

ACCURATE STENOTYPE REPORTERS, INC. J.A. 473 395

12:00 1 MR. MEROS: Sounds like we're in pretty

12:00 2 good -- the next witness has only

12:00 3 cross-examination, if I understand correctly, after

12:00 4 Dr. Ansolabehere.

12:00 5 MR. KING: That's correct. Maybe an hour and

12:00 6 a half.

12:00 7 THE COURT: See you about 1:30, see you back

12:00 8 then.

12:00 9 (Lunch recess.)

12:00 10 (Proceedings continue in Volume 4.)

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 474 396

1 CERTIFICATE OF REPORTER

2 STATE OF FLORIDA ) COUNTY OF LEON ) 3

4 I, SARAH B. GILROY, Registered Professional Reporter,

5 and Notary Public, do hereby certify that the foregoing

6 proceedings were taken before me at the time and place

7 therein designated; and that the foregoing pages

8 numbered 285 through 395 are a true and correct record

9 of the aforesaid proceedings.

10

11 I further certify that I am not a relative, employee,

12 attorney or counsel of any parties, nor am I a relative

13 or employee of any of the parties' attorney or counsel

14 connected with the action, nor am I financially

15 interested in the action.

16 DATED this day of September, 2015.

17

18

19

20 /s/ Sarah B. Gilroy SARAH B. GILROY 21 [email protected] 850.878.2221 22

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ACCURATE STENOTYPE REPORTERS, INC. J.A. 475