Case 5:11-cv-00360-OLG-JES-XR Document 735 Filed 03/22/13 Page 1 of 6

IN THE DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

SHANNON PEREZ, ET AL., § Plaintiffs § § VS. § Civil Action No. 11-CV-360-OLG-JES-XR § [Lead Case] STATE OF TEXAS, ET AL., § Defendants. § ______§ § MEXICAN AMERICAN § LEGISLATIVE CAUCUS, (MALC) § Plaintiff , § § VS. § Civil Action No. 11-CV-361 OLG-JES-XR § [Consolidated Case] STATE OF TEXAS, ET AL., § Defendants . § ______§ § TEXAS LATINO REDISTRICTING § TASK FORCE, ET AL., § Plaintiffs , § § VS. § Civil Action No. 11-CV-490-OLG-JES-XR § [Consolidated Case] RICK PERRY, § Defendant . § ______§ § MARGARITA V. QUESADA, ET AL., § Plaintiffs , § § VS. § Civil Action No. 11-CV-592-OLG-JES-XR § [Consolidated Case] RICK PERRY, ET AL., § Defendants. § ______§

- 1 - Case 5:11-cv-00360-OLG-JES-XR Document 735 Filed 03/22/13 Page 2 of 6

JOHN T. MORRIS, § Plaintiff, § § VS. § Civil Action No. 11-CV-615-OLG-JES-XR § [Consolidated Case] STATE OF TEXAS, ET AL., § § Defendants. § ______§ § EDDIE RODRIQUEZ, ET. AL., § Plaintiffs, § § Civil Action No. 11-CV-635-OLG-JES-XR VS. § [Consolidated Case] § RICK PERRY, ET. AL. § Defendants. § § ______§ , ET AL., § Plaintiffs § § Civil Action No. 11-CV-788-OLG-JES-XR VS. § [Consolidated Case] § RICK PERRY, ET AL., § Defendants. § ______§

TEXAD DEMOCRATIC PARTY’S ADVISORY TO THE COURT CONCERNING ELECTION TIMING

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, the and Gilberto Hinojosa 1, in his capacity as Chair of the Texas Democratic Party (hereinafter “TDP”), and files this

1 The former Texas Democratic Party Chairman, Boyd Richie, left that office when his term expired. Pursuant to the Texas Democratic Party Rules, Gilberto Hinojosa was duly elected as the Texas Democratic Party Chairman and is therefore substituted as the proper party. See FED. R. CIV. PRO. 25(d).

- 2 - Case 5:11-cv-00360-OLG-JES-XR Document 735 Filed 03/22/13 Page 3 of 6

Advisory Concerning Election Timing, and would respectfully show this Honorable

Court the following:

On February 11, 2013, this Court issued an order seeking advisories from the parties concerning opinions of procedure for various potentialities. See Doc. 731.

Though TDP will leave discussion of those issues to other parties to the litigation, the

Court might benefit from some discussion of the upcoming election calendar. Below are some of the early key dates concerning the 2014 General Primary Election: 2

September 10, 2013: Opening of the Filing Period for Office of Precinct Chair (TEX . ELEC . CODE . 172.023(b))

November 9, 2013: Opening of Filing Period for All Other Offices (TEX . ELEC . CODE . 172.023(b))

December 9, 2013: Deadline for Candidates to File Applications for General Primary Election (TEX . ELEC . CODE . 172.023(a))

December 13, 2013: Certification of Candidate by Party Chairs deadline (TEX . ELEC . CODE . 172.028)

January 18, 2014: Deadline to Mail Military Ballots (42 U.S.C. 1973ff-1)

March 4, 2014: General Primary Election (TEX . ELEC . CODE . 41.007)

In light of these deadlines and the difficulties experienced during the last General

Primary Election concerning election schedule changes, TDP requests the Court schedule whatever hearings and proceedings are necessary, as soon as possible, in order for the

2 Counsel for TDP calculated these dates utilizing the current Election Code provisions as made available at http://www.statutes.legis.state.tx.us/ (accessed March 22, 2013) and every effort was made to ensure accurate calculation but in the event of inaccurate counting, apology is made in advance. To counsel’s knowledge, an official election calendar has not yet been published by the Secretary of State. Because the Secretary of State has in the past exercised some discretion in setting these dates when, for example, a deadline falls on a weekend, it is possible these dates are adjusted by a day or two. See e.g., TEX . ELEC . CODE . § 1.006. Acts of the Legislature could also adjust these election deadlines.

- 3 - Case 5:11-cv-00360-OLG-JES-XR Document 735 Filed 03/22/13 Page 4 of 6

Court to issue orders that do not require the disruption of the election deadlines. The

Court will recall the substantial time and resources that were ultimately expended by all litigants, candidates, political parties, state and local government and, not the least, the

Court, when events required adjusted election deadlines during the 2012 General Primary

Election.

It is anticipated that one or more of the parties will request to offer additional evidence in light of the 2012 election results and the proceedings in Washington, D.C. case. This evidence is now known and its presentation can occur whatever the result of the pending Supreme Court cases concerning Section 5 of the Voting Rights Act. Should the court wait to hear evidence until after the Shelby County decision is released, an event most likely to occur in late June, it is virtually certain the remaining proceedings in this

Court will take too long in order to maintain the election calendar as set by precleared state laws. However, in the event the Court is inclined to wait for the Shelby County opinion, having already taken the evidence will allow the Court to schedule argument concerning the effect of the Supreme Court's commandments and then proceed to issue orders.

In order to honor the current election calendar, TDP urges the Court to issue its opinion in these matters no later than late August. This will hopefully provide time for any expedited appeal, and accommodation of the repercussions there from, within the deadline to close the ballot application process. Though the Court can compress candidate filing periods without disastrous effect on the election calendar, adjustment of

- 4 - Case 5:11-cv-00360-OLG-JES-XR Document 735 Filed 03/22/13 Page 5 of 6

the candidate filing deadline more than a few days necessarily means moving the General

Primary Election itself.

As the Court balances the positions of the parties and its own availability, TDP respectfully requests these election deadlines also guide the timing of proceedings.

Dated this 22nd day of March, 2013.

Respectfully submitted,

By: /s/ Chad W. Dunn Chad W. Dunn – Attorney In Charge State Bar No. 24036507 General Counsel TEXAS DEMOCRATIC PARTY BRAZIL & DUNN K. Scott Brazil State Bar No. 02934050 4201 Cypress Creek Parkway, Suite 530 Houston, Texas 77068 Telephone: (281) 580-6310 Facsimile: (281) 580-6362 [email protected]

ATTORNEY FOR TEXAS DEMOCRATIC PARTY AND GILBERTO HINOJOSA, IN HIS CAPACITY AS CHAIR OF THE TEXAS DEMOCRATIC PARTY

- 5 - Case 5:11-cv-00360-OLG-JES-XR Document 735 Filed 03/22/13 Page 6 of 6

CERTIFICATE OF SERVICE

I hereby certify that on March 22, 2013, I electronically filed the foregoing document(s) with the Clerk of the United States District Court, Western District of Texas, San Antonio Division, using the electronic case filing system of the Court. The electronic case filing system sent a “Notice of Electronic Filing” to attorneys of record who have consented in writing to accept this Notice as service of this document by electronic means.

/s/ Chad W. Dunn Chad W. Dunn

- 6 -