DOCSLIB.ORG

In the Superior Court of Fulton County State of Georgia

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the Superior Court of Fulton County State of Georgia IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA DONNA CURLING, et al., ) ) Plaintiffs, ) ) CASE NO.: 2017CV290630 vs. ) ) BRIAN P. KEMP, in his official) capacity as Secretary of State) of Georgia, et al., ) ) Defendants. ) ______________________________) Transcript of the Motion Hearing before the Honorable Kimberly M. Esmond Adams held on June 7, 2017 at the Justice Center Tower, Courtroom 4-E APPEARANCES OF COUNSEL: For the Plaintiffs: EDWARD KRUGMAN ROBERT McGUIRE Attorneys at Law For the Defendants: JOSIAH HEIDT CRISTINA CORREIA KAYE WOODARD BURWELL BENNETT D. BRYAN DANIEL WHITE Attorneys at Law Kristina Weaver, RPR, CCR-B-1785 185 Central Avenue, S.W. Suite T-1858 Atlanta, Georgia 30303 (404)612-4607 I-N-D-E-X T-O E-X-H-I-B-I-T-S For the Plaintiffs: EXHIBIT TENDERED ADMITTED 2 Email/KSU Report 167 167 6 Felten Affidavit 27 28 10 Certifications 136 136 14 Form 990 157 157 16 Open Records Request Exchanges 162 162 18 Three Member Names of RMF 117 118 26 Data Flow Chart 34 34 27 Components Chart 163 164 For the Defendants: EXHIBIT TENDERED ADMITTED 1 Articles of Incorporation 150 151 2 Advance Voting Numbers 223 224 -2- I-N-D-E-X T-O P-R-O-C-E-E-D-I-N-G-S PAGE EDWARD WILLIAM FELTEN Direct Examination by Mr. McGuire......................... 17 Cross-Examination by Mr. Heidt............................ 72 Redirect Examination by Mr. McGuire....................... 74 Recross-Examination by Mr. Heidt.......................... 74 RICHARD DeMILLO Direct Examination by Mr. McGuire......................... 76 Cross-Examination by Mr. Heidt............................ 94 Cross-Examination by Mr. Bryan............................ 96 Cross-Examination by Mr. White............................ 97 Redirect Examination by Mr. McGuire....................... 99 MARILYN MARKS Direct Examination by Mr. McGuire......................... 109 Cross-Examination by Mr. Heidt............................ 137 Cross-Examination by Mr. Bryan............................ 139 Cross-Examination by Mr. White............................ 147 Redirect Examination by Mr. McGuire....................... 156 MERLE KING Direct Examination by Mr. McGuire......................... 165 MERLE KING Direct Examination by Mr. Heidt........................... 169 Cross-Examination by Mr. McGuire.......................... 185 Redirect Examination...................................... 202 RICHARD BARRON Direct Examination by Ms. Burwell......................... 204 Cross-Examination by Mr. McGuire.......................... 214 Cross-Examination by Mr. Heidt............................ 219 JANINE EVELER Direct Examination by Mr. White........................... 220 Cross-Examination by Mr. McGuire.......................... 231 EDWARD WILLIAM FELTEN (Rebuttal) Direct Examination by Mr. McGuire......................... 235 Cross-Examination by Mr. Heidt............................ 237 -3- 1 P-R-O-C-E-E-D-I-N-G-S 2 THE COURT: All right, this is the matter of Curling, 3 et al. v. Brian Kemp, et al. The matter is before the 4 Court for the Court's consideration of an emergency 5 petition for declaratory and injunctive relief and writ of 6 mandamus. 7 Let me start by indicating to counsel that there were 8 a number of belatedly filed briefs. I consider them 9 belated to the extent the Court did not have an opportunity 10 to review them. I think the State may have filed something 11 as late as -- very close to 5:00. There was a subsequent 12 pleading filed thereafter. Some of those documents I have 13 had an opportunity to glean this morning. But, 14 unfortunately, those filings, obviously, don't give the 15 Court an opportunity to review the information contained in 16 them for purposes of being completely prepared. 17 And so I would like to move forward. I will start 18 with the motions to dismiss that have been filed. 19 Also I believe that there is counsel from out of 20 state. I have not received any paperwork regarding 21 admission pro hac vice. Is there anything I need to take 22 up in that regard? 23 MR. KRUGMAN: Yes, your Honor. Edward Krugman. We 24 submitted some time ago the papers for Mr. McGuire, who is 25 lead counsel in this from out of state, for admission pro -4- 1 hac vice. 2 THE COURT: What is "some time ago"? Because you know 3 it takes a bit of time to be processed. 4 MR. KRUGMAN: We filed them almost immediately when 5 the lawsuit was filed. 6 THE COURT: Obviously, that wouldn't give enough time 7 unless you notified the State Bar that you needed expedited 8 consideration. 9 MR. KRUGMAN: We had everything that we needed for 10 submission to your Honor, to the Court, and -- 11 THE COURT: Well, it doesn't come to me, Mr. Krugman. 12 Those petitions and requests for admission have to be 13 vetted by the State Bar and then it comes to the Court. 14 And, generally, it is not the case that that can be done in 15 a matter of days. 16 And so I have been looking for information from the 17 State Bar of Georgia. I have not received anything, any 18 writing advising me that the petition has been considered 19 and granted. 20 So I think that we need to take this up as a 21 preliminary matter. 22 MR. KRUGMAN: Yeah, we would orally request -- 23 THE COURT: Not "yeah", Mr. Krugman. 24 MR. KRUGMAN: Excuse me? 25 THE COURT: Not "yeah". This is court. -5- 1 MR. KRUGMAN: Your Honor, I don't understand. 2 THE COURT: Go ahead. 3 MR. KRUGMAN: Go ahead with respect to moving for his 4 admission pro hac? 5 THE COURT: If that is what you would like to do. 6 MR. KRUGMAN: Yeah, that is what we'd like to do. 7 THE COURT: And what I'm saying to you, Mr. Krugman, 8 is that I would appreciate if you refrain from the common 9 language, the "yeahs" and "nahs". This is court. 10 MR. KRUGMAN: Yes, your Honor. I apologize. I have 11 had a fever for the last several days. 12 THE COURT: Thank you. 13 MR. KRUGMAN: If we can have Mr. McGuire come up and 14 state, basically, his qualifications, where he's a member 15 of the State Bar. And if we can get a copy of the pro hac 16 papers that were filed for admission. He was also allowed, 17 at the earlier hearing, allowed to present the argument. 18 THE COURT: All right. 19 MR. McGUIRE: Good morning, your Honor. My name is 20 Robert McGuire. I am admitted to practice in the state of 21 New York since 2002, state of Colorado since 2006, state of 22 Washington since last year, 2016. I have never been 23 sanctioned, held in contempt, had my pro hac vice 24 application revoked from any jurisdiction. I have also 25 never been subject to a disciplinary complaint. -6- 1 I have been asked to represent the three plaintiffs in 2 this matter and submitted an application for pro hac vice 3 admission. As Mr. Krugman stated, I believe it was 4 May 30th or it might have been the 25th. But we have it in 5 the binder and I can get the motion, your Honor. 6 And I'm -- off the top of my head, I'm not sure what 7 the other items were that I was supposed to mention. But 8 if I can get the motion, I can certainly go through them 9 and speak to each of them. 10 THE COURT: If you would like to do that. 11 MR. McGUIRE: Thank you. 12 [Brief pause.] 13 MR. McGUIRE: I was advised when I was over there, 14 your Honor, that I might have misstated which state I was 15 admitted to recently. I was admitted to New York in August 16 of 2002, Colorado in 2006 in January, and the state of 17 Washington in May of 2016. 18 I have been admitted to the U.S. Supreme Court since 19 2015; to the U.S. Court of Appeals for The Ninth Circuit 20 since 2012; the U.S. Court of Appeals for The Tenth Circuit 21 since 2009; U.S. District Court for The District of 22 Colorado since 2009; U.S. District Court for The Western 23 District of Washington since July of 2016. 24 Presently admitted in the Circuit Court of The 25 Eleventh Judicial Circuit in and for Miami-Dade County, -7- 1 Florida, pro hac vice. And I have been previously admitted 2 to the Superior Court for the state of California and the 3 county of Contra Costa. That was in 2015. 4 As I previously stated, I haven't been denied pro hac 5 vice in the state of Georgia. I have not had it revoked in 6 this state or otherwise been formally disciplined or 7 sanctioned by any court in this state. And I've never had 8 a formal written disciplinary proceeding brought against me 9 by a disciplinary authority in any jurisdiction. 10 I have never been formally held in contempt or 11 otherwise sanctioned by any court in a written order for 12 disobedience to its rules or orders. And I have not, apart 13 from this application, filed an application to appear pro 14 hac vice with this state in the last two years. 15 I am familiar with the Georgia Rules of Professional 16 Conduct. I am familiar with the local court rules and 17 procedures of this court. And I'm being sponsored by a 18 member of this court, and that would be Robert Ashe of 19 Mr. Krugman's firm, Bondurant Mixson & Elmore. And 20 Mr. Ashe's Georgia Bar number is 208077. 21 THE COURT: Thank you. Anything else? 22 MR. McGUIRE: I'm happy to answer any questions your 23 Honor has. 24 THE COURT: I don't believe I have any at this time.
Load more

Recommended publications
  • 1 in the SUPERIOR COURT of FULTON COUNTY STATE of GEORGIA DONNA CURLING, an Individual; ) ) COALITION for GOOD ) GOVERNANC
    IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA DONNA CURLING, an individual; ) ) COALITION FOR GOOD ) GOVERNANCE, a non-profit corporation ) organized and existing under Colorado ) Law; ) ) DONNA PRICE, an individual; ) ) JEFFREY SCHOENBERG, an individual; ) ) LAURA DIGGES, an individual; ) ) WILLIAM DIGGES III, an individual; ) ) RICARDO DAVIS, an individual; ) ) Plaintiffs, ) ) v. ) CIVIL ACTION ) FILE NO.: 2017cv292233 BRIAN P. KEMP, in his individual ) capacity and his official capacity as ) Secretary of State of Georgia and ) Chair of the STATE ELECTION BOARD; ) DEMAND FOR ) JURY TRIAL DAVID J. WORLEY, REBECCA N. ) SULLIVAN, RALPH F. “RUSTY” ) SIMPSON, and SETH HARP, in their ) individual capacities and their official ) capacities as members of the STATE ) ELECTION BOARD; ) ) THE STATE ELECTION BOARD; ) ) RICHARD BARRON, in his individual ) capacity and his official capacity as ) 1 Director of the FULTON COUNTY ) BOARD OF REGISTRATION AND ) ELECTIONS; ) ) MARY CAROLE COONEY, VERNETTA ) NURIDDIN, DAVID J. BURGE, STAN ) MATARAZZO and AARON JOHNSON ) in their individual capacities and official ) capacities as members of the FULTON ) COUNTY BOARD OF REGISTRATION ) AND ELECTIONS; ) ) THE FULTON COUNTY BOARD OF ) REGISTRATION AND ELECTIONS; ) ) MAXINE DANIELS, in her individual ) capacity and her official capacity as ) Director of VOTER REGISTRATIONS ) AND ELECTIONS FOR DEKALB ) COUNTY; ) ) MICHAEL P. COVENY, ANTHONY ) LEWIS, LEONA PERRY, SAMUEL ) E. TILLMAN, and BAOKY N. VU ) in their individual capacities and official ) capacities as members of the DEKALB ) COUNTY BOARD OF REGISTRATIONS ) AND ELECTIONS; ) ) THE DEKALB COUNTY BOARD OF ) REGISTRATIONS AND ELECTIONS; ) ) JANINE EVELER, in her individual ) capacity and her official capacity as ) Director of the COBB COUNTY ) BOARD OF ELECTIONS AND ) REGISTRATION; ) ) PHIL DANIELL, FRED AIKEN, JOE ) PETTIT, JESSICA BROOKS, and ) 2 DARRYL O.
    [Show full text]
  • 2003 RDX Proceedings
    RESEARCH AND DEVELOPMENT EXCHANGE PROCEEDINGS: RESEARCH AND DEVELOPMENT ISSUES TO ENSURE TRUSTWORTHINESS IN TELECOMMUNICATIONS AND INFORMATION SYSTEMS THAT DIRECTLY OR INDIRECTLY IMPACT NATIONAL SECURITY AND EMERGENCY PREPAREDNESS A SYMPOSIUM SPONSORED BY THE PRESIDENT’S NSTAC IN CONJUNCTION WITH THE WHITE HOUSE OFFICE OF SCIENCE AND TECHNOLOGY POLICY AND THE GEORGIA TECH INFORMATION SECURITY CENTER AT THE GEORGIA INSTITUTE OF TECHNOLOGY GEORGIA INSTITUTE OF TECHNOLOGY ATLANTA, GEORGIA MARCH 13-14, 2003 The President’s National Security Telecommunications Advisory Committee MEMORANDUM FOR THE INDUSTRY EXECUTIVE SUBCOMMITTEE SUBJECT: 2003 NSTAC Research and Development Exchange Proceedings On March 13-14, 2003, the President’s National Security Telecommunications Advisory Committee (NSTAC) held its fifth Research and Development (R&D) Exchange, in co- sponsorship with the White House Office of Science and Technology Policy (OSTP) and the Georgia Tech Information Security Center (GTISC) at the Georgia Institute of Technology. The event was hosted at the Georgia Centers for Advanced Telecommunications Technology in Atlanta, Georgia. The purpose of the event was to: 1) Explore and prioritize key R&D issues related to the trustworthiness of national security and emergency preparedness (NS/EP) telecommunications and the related, networked information systems; 2) Identify and frame key R&D related policy issues associated with the trustworthiness of NS/EP telecommunications and related information systems for future consideration and study by the President’s NSTAC; 3) Provide input to the OSTP in its preparation of the President’s R&D agenda and budgetary requests; and 4) Identify and characterize barriers and impediments that inhibit the R&D of trustworthy networked information systems.
    [Show full text]
  • Contents U U U
    Contents u u u ACM Awards Reception and Banquet, June 2018 .................................................. 2 Introduction ......................................................................................................................... 3 A.M. Turing Award .............................................................................................................. 4 ACM Prize in Computing ................................................................................................. 5 ACM Charles P. “Chuck” Thacker Breakthrough in Computing Award ............. 6 ACM – AAAI Allen Newell Award .................................................................................. 7 Software System Award ................................................................................................... 8 Grace Murray Hopper Award ......................................................................................... 9 Paris Kanellakis Theory and Practice Award ...........................................................10 Karl V. Karlstrom Outstanding Educator Award .....................................................11 Eugene L. Lawler Award for Humanitarian Contributions within Computer Science and Informatics ..........................................................12 Distinguished Service Award .......................................................................................13 ACM Athena Lecturer Award ........................................................................................14 Outstanding Contribution
    [Show full text]
  • Securely Curated BMD Printouts Can
    Case 1:17-cv-02989-AT Document 680-1 Filed 12/16/19 Page 1 of 205 E X H I B I T H Case 1:17-cv-02989-AT Document 680-1 Filed 12/16/19 Page 2 of 205 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION ) DONNA CURLING, et al. ) ) Plaintiff, ) ) CIVIL ACTION FILE NO.: 1:17-cv- vs. ) 2989-AT ) BRIAN P. KEMP, et al. ) ) Defendant. ) ) ) THIRD SUPPLEMENTAL DECLARATION OF PHILIP B. STARK PHILIP B. STARK hereby declares as follows: 1. This statement supplements my declarations of September 9, 2018, September 30, 2018, and October 22, 2019. I stand by everything in the previous declarations. 2. I have read portions of the State Defendants’ Combined Response in Opposition to Curling Plaintiffs’ and Coalition Plaintiffs’ Motions for Preliminary Injunction, dated November 13, 2019 (“Combined Response”). This declaration responds primarily to assertions made in the Combined Response, including the declaration of Juan E. Gilbert, Ph.D., contained therein (“the Gilbert declaration”). AUDITS 3. The most compelling reason for post-election audits is to provide public evidence that the reported outcomes are correct, so that the electorate and the losers’ supporters have reason to trust the results. Audits that cannot provide evidence that outcomes are correct Case 1:17-cv-02989-AT Document 680-1 Filed 12/16/19 Page 3 of 205 are little comfort. A transparent, full hand count of a demonstrably trustworthy paper record of votes can provide such evidence. So can a risk-limiting audit of a demonstrably trustworthy paper record of votes.
    [Show full text]
  • CRA-E White Paper
    CRA-E White Paper Creating Environments for Computational Researcher Education August 9, 2010 Committee Members Andy van Dam, Brown (chair) Jim Foley, Georgia Tech John Guttag, MIT Pat Hanrahan, Stanford Chris Johnson, University of Utah Randy Katz, UC Berkeley Henry Kelly, DOE (formerly FAS) Peter Lee, DARPA and CMU David Shaw, D.E. Shaw Research Acknowledgements Thanks to the CRA-E committee members, who provided lively, provocative, and generative ideas during the four meetings. Thanks to Jeannette Wing, Lynn Andrea Stein, and Ed Fox for detailed and relevant reviews that helped refine and shape the raw material of the report. Thanks to CRA's Andrew Bernat for support, patience, and timely suggestions. Thanks to Rosemary Michelle Simpson, who pulled it all together and uncovered the patterns lurking in the mass of material. COMPUTING RESEARCH ASSOCIATION 1828 L Street, NW Suite 800, Washington, DC 20036-4632 Email: [email protected] Tel: 202-234-2111 Fax: 202-667-1066 URL: http://www.cra.org Copyright 2010 by the Computing Research Association. Permission is granted to reproduce the contents provided that such production is not for profit and credit is given to the source. 8/9/10 2 CRA-E White Paper: Creating Environments for Computational Researcher Education Table of Contents Executive Summary - 5 Introduction - 9 Recommendations - 17 Computationally-Oriented Foundations - 17 1. Introductory Courses - addressing a broad range of student interests - 17 Refactoring Computer Science Curricula - 24 2. Core/Foundation for All Computer Science Graduates - lean core with focus on enduring concepts, techniques, and skills - 25 3. Specialization: Tracks, Threads, and Vectors - flexible approaches to gaining understanding and skills - 34 4.
    [Show full text]
  • Association for Computing Machinery 2 Penn Plaza, Suite 701, New York
    ACM A N W N A N R N D N S Association for Computing Machinery 2 Penn Plaza, Suite 701, New York, NY 10121-0701 USA +1-212-869-7440 www.acm.org Contents N N N ACM Awards Reception and Banquet, June 2017 . .2 Introduction . .3 A.M. Turing Award . .4 ACM Prize in Computing . .5 ACM – AAAI Allen Newell Award . .6 Software System Award . .7 Grace Murray Hopper Award . .8 Paris Kanellakis Theory and Practice Award . .9 Karl V. Karlstrom Outstanding Educator Award . .10 ACM Policy Award . .11 Distinguished Service Award . .12 ACM Athena Lecturer Award . .13 Outstanding Contribution to ACM Award . .14 ACM Presidential Award . .15-17 Doctoral Dissertation Award . .18 ACM Student Research Competition . .19 ACM Fellows . .20 Eugene L. Lawler Award for Humanitarian Contributions within Computer Science and Informatics . .21 ACM Gordon Bell Prize . .21 ACM – IEEE CS Eckert-Mauchly Award . .22 ACM – IEEE CS Ken Kennedy Award . .22 ACM – IEEE CS George Michael HPC Memorial Fellowships . .23 SIAM – ACM Prize in Computational Science and Engineering . .23 ACM – CSTA Cutler-Bell Prize . .24 ACM India Doctoral Dissertation Award . .24 ACM China Doctoral Dissertation Award . .25 ACM China Rising Star Award . .25 IPSJ/ACM Award for Early Career Contributions to Global Research . .25 ACM Special Interest Group Awards . .26-27 2017 ACM Award Subcommittee Chairs . .28 ACM Award Nomination Submission Procedures . .29 2018 ACM Award Subcommittee Chairs and Members . .30-31 Past Recipients . .32-36 ACM Fellows . .37-43 In Memoriam, ACM Fellows . .44 1 ACM Awards Reception & Banquet ACM AWARDS N N N N N N The Westin St.
    [Show full text]
  • Speaker Bios
    HEALTHCARE INNOVATION SYMPOSIUM XXIX THE EVOLVING FUTURE OF MEDICAL EDUCATION Mark Tykocinski, MD Provost and Executive Vice President for Academic Affairs The Anthony F. and Gertrude M. DePalma Dean Sidney Kimmel Medical College Thomas Jefferson University Monday, December 2, 2019 12:00-2:00 pm Emory University School of Medicine HEALTHCARE INNOVATION SYMPOSIUM 29 The Evolving Future of Medical Education Monday, December 2, 2019 12:00 – 2:00 pm School of Medicine Auditorium 110, Emory University 12:00 – 12:05 pm: Welcome, Introductions Fred Sanfilippo, MD, PhD Director, Emory-Georgia Tech Healthcare Innovation Program Professor, School of Medicine and Rollins School of Public Health Emory University 12:05 – 12:45 pm: Keynote Presentation Mark Tykocinski, MD Provost and Executive Vice President for Academic Affairs Anthony F. and Gertrude M. DePalma Dean Sidney Kimmel Medical College Thomas Jefferson University 12:45 – 1:30 pm: Panel Presentations J. William Eley, MD, MPH Executive Associate Dean Office of Medical Education and Student Affairs Professor, Hematology/Medical Oncology Emory University School of Medicine Martha L. Elks, MD, PHD Professor of Medical Education Senior Associate Dean of Educational Affairs Morehouse School of Medicine Michael Eriksen, SCD, SCM Interim Vice President for Research and Economic Development Regents’ Professor Founding Dean of the School of Public Health Georgia State University Richard DeMillo, PHD Executive Director Center for 21st Century Universities (C21U) Charlotte B. and Roger C. Warren Chair of Computer Science Professor of Management Georgia Institute of Technology 1:30 – 2:00 pm: Open Discussion Q&A MARK TYKOCINSKI, MD Provost and EVP for Academic Affairs Thomas Jefferson University Mark Tykocinski, MD, joined Thomas Jefferson University in December 2008 and over the ensuing decade has served there in several leadership capacities.
    [Show full text]
  • April 9, 2020 Dear Governors, Secretaries of State and State Election Directors, in Light of the Unprecedented Challenge to Amer
    April 9, 2020 Dear Governors, Secretaries of State and State Election Directors, In light of the unprecedented challenge to American elections presented by the COVID-19 pandemic, we are writing to share information on the scientific evidence regarding the security of internet voting. Internet voting is not a secure solution for voting in the United States, nor will it be in the foreseeable future. We urge you to refrain from allowing the use of any internet or voting app system and consider expanding access to voting by mail and early voting to maintain the security, accuracy, and voter protections essential for American elections in the face of this public health crisis. As you know, there is little time to spare to assure full, fair and timely elections across the United States in November of 2020. We make this request -- with full knowledge of the profound challenges you face to assure all Americans’ ability to vote in a time of pandemic -- for the reasons documented in the attached letter prepared by the American Association for the Advancement of Science Center for Scientific Evidence in Public Issues and endorsed by leading organizations and experts in cybersecurity and computing. In sum, those reasons are: • All internet voting systems and technologies are currently inherently insecure. • No technical evidence exists that any internet voting technology is safe or can be made so in the foreseeable future; rather, all research performed to date demonstrates the opposite. • No blockchain technology can mitigate the profound dangers inherent in internet voting. • No mobile voting app is sufficiently secure to permit its use.
    [Show full text]