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ARIZONA, ET AL., Petitioners, V Nos. 19-1257 & 19-1258 In the Supreme Court of the United States __________________ MARK BRNOVICH, ATTORNEY GENERAL OF ARIZONA, ET AL., Petitioners, v. DEMOCRATIC NATIONAL COMMITTEE, ET AL., Respondents. ----------------------- ARIZONA REPUBLICAN PARTY, ET AL., Petitioners, v. DEMOCRATIC NATIONAL COMMITTEE, ET AL., Respondents. __________________ On Writs of Certiorari to the United States Court of Appeals for the Ninth Circuit __________________ JOINT APPENDIX __________________ JOSEPH A. KANEFIELD JESSICA RING AMUNSON Chief Deputy and Chief of Staff Counsel of Record Counsel of Record JENNER & BLOCK LLP OFFICE OF THE ARIZONA 1099 New York Avenue NW ATTORNEY GENERAL Suite 900 2005 N. Central Ave. Washington, DC 20001 Phoenix, AZ 85004 (202) 639-6023 (602) 542-8017 [email protected] [email protected] Counsel for Katie Hobbs, Counsel for Mark Brnovich, et al. Arizona Secretary of State MICHAEL A. CARVIN MARC ERIK ELIAS Counsel of Record Counsel of Record JONES DAY PERKINS COIE, LLP 51 Louisiana Ave., N.W. 700 13th St, NW, Ste. 800 Washington, DC 20001 Washington, DC 20005-3960 (202) 879-7643 (202) 434-1609 [email protected] [email protected] Counsel for Arizona Republican Counsel for Democratic National Party, et al. Committee, et al. November 30, 2020 Petitions for Writs of Certiorari filed April 27, 2020 Petitions for Writs of Certiorari granted October 2, 2020 i JOINT APPENDIX TABLE OF CONTENTS Relevant Docket Entries United States District Court for the District of Arizona (Phoenix Division), No. 2:16-cv-01065-DLR ......... JA 1 Relevant Docket Entries United States Court of Appeals for the Ninth Circuit, No. 18-15845 ......................... JA 13 Department of Justice Preclearance File Bjelland Memo (June 23, 2011).................. JA 33 Arizona Election Procedures Manual Excerpt (June 2014) .......................... JA 37 Expert Report of Jonathan Rodden, PhD Excerpt (June 10, 2016) ....................... JA 42 Declaration of Brad Nelson Excerpt (August 22, 2016) .................... JA 112 Board worker Training Manual Primary Election Excerpt (August 30, 2016) ............. JA 115 Second Expert Report of Jonathan Rodden, PhD (May 26, 2017)....................... JA 120 Second Expert Report of Dr. Allan J. Lichtman Excerpt (May 26, 2017)................ JA 199 Transcript of Bench Trial, Day 3 Excerpt (October 5, 2017)..................... JA 201 ii Order in a Civil Case in the United States District Court for the District of Arizona (May 8, 2018)........................ JA 208 Judgment in a Civil Case in the United States District Court for the District of Arizona (May 8, 2018)........................ JA 240 Amended Findings of Fact and Conclusions of Law in the United States District Court for the District of Arizona (May 10, 2018) ....... JA 242 Opinion and Dissenting Opinion in the United States Court of Appeals for the Ninth Circuit (September 12, 2018) ................. JA 360 Order in the United States Court of Appeals for the Ninth Circuit (January 2, 2019)......... JA 493 Brief for the United States as Amicus Curiae in Support of Appellees on Rehearing En Banc and Supporting Affirmance in the United States Court of Appeals for the Ninth Circuit (February 15, 2019) .................. JA 495 Defendant-Appellee Arizona Attorney General Mark Brnovich’s Motion to Take Judicial Notice in the United States Court of Appeals for the Ninth Circuit (March 14, 2019) ......... JA 526 Exhibit A to Motion - North Carolina State Board of Elections’ March 13, 2019 Order in In re Investigation of Election Regularities Affecting Counties Within the 9th Congressional District .............. JA 531 iii En Banc and Dissenting Opinions in the United States Court of Appeals for the Ninth Circuit (January 27, 2020) ................... JA 576 Order in the United States Court of Appeals for the Ninth Circuit (February 11, 2020) ....... JA 831 Order in the United States Court of Appeals for the Ninth Circuit (April 9, 2020) ........... JA 833 JA 1 RELEVANT DOCKET ENTRIES United States District Court for the District of Arizona No. 2:16-cv-01065-DLR Feldman, et al. v. Arizona Secretary of State’s Office, et al. Date Filed # Docket Text 04/15/2016 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970- 12857791 filed by Kirkpatrick for U.S. Senate, Julio Morera, Leslie Feldman, Arizona Democratic Party, Alejandra Ruiz, Peterson Zah, DSCC, Democratic National Committee, Cleo Ovalle, Mercedez Hymes, Luz Magallanes, Marcia Baker (submitted by Daniel Barr). (Attachments: #1 Civil Cover Sheet)(KGM) (Entered: 04/15/2016) 04/19/2016 12 AMENDED COMPLAINT against All Defendants filed by Kirkpatrick for U.S. Senate, Julio Morera, Leslie Feldman, Arizona Democratic Party, Alejandra Ruiz, Peterson Zah, DSCC, Democratic National Committee, Cleo Ovalle, Mercedez Hymes, Luz Magallanes, Marcia JA 2 Baker.(Gonski, Sarah) (Entered: 04/19/2016) 05/09/2016 39 MOTION to Intervene by Arizona Republican Party. (Attachments: # 1 Partial Answer-in-Intervention ot Amended Complaint, # 2 Text of Proposed Order)(Johnson, Brett)(Entered: 05/09/2016) 05/10/2016 44 MINUTE ENTRY for proceedings held before Judge Douglas L Rayes: Telephonic Conference re: scheduling and discovery related to the forthcoming Motion for Preliminary Injunction held on 5/10/2016. With no objection, IT IS ORDERED granting 27 Motion to Intervene by Bernie 2016 Incorporated; and granting 39 Motion to Intervene by Arizona Republican Party. After hearing from the parties, the Court ORDERS the statewide voter file shall be produced to plaintiffs by the State defendants. Motion for Protective Order re: the statewide voter file is due by no later than Friday, 5/13/2016. Response to the motion for protective order is due by no later than 5/20/2016. The parties are directed to meet and confer to resolve any other discovery requests. Telephonic JA 3 Conference set for 5/17/2016 at 10:00 AM re: any outstanding discovery requests not resolved through the parties meet and confer. Counsel for plaintiffs is responsible for making the necessary arrangements for the conference call. All parties participating in the conference call shall do so via a landline only. The use of cellular phones will not be permitted. Plaintiffs’ Motion for Preliminary Injunction shall be filed by no later than 6/10/2016. Defendants’ response due by no later than 7/25/2016. Plaintiffs’ reply due by no later than 8/1/2016. Oral Argument on the motion for preliminary injunction set for 8/12/2016 at 9:00 AM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Douglas L Rayes. APPEARANCES: Telephonic appearance by Elisabeth Frost, Amanda Callais, Daniel Barr, Marc Elias, and Sarah Gonski for Plaintiffs. Telephonic appearance by Andrew Gaona, Andrew Gordon and Malcom Seymour for Intervenor Plaintiff Bernie 2016 Incorporated. Telephonic JA 4 appearance by Kara Karlson and Karen Hartman-Tellez for Defendants Arizona Secretary of State’s Office, Mark Brnovich, Michele Reagan. Telephonic appearance by Colleen Conner, Joseph Vigil, and Thomas Liddy for Defendants Denny Barney, Steve Chucri, Steve Gallardo, Clint Hickman, Andy Kunasek, Maricopa County Board of Supervisors, Maricopa County Recorder and Elections Department, Karen Osborne, Helen Purcell. Telephonic appearance by Brett Johnson, Sara Agne, and Tim LaSota for Intervenor Defendant Arizona Republican Party. (Court Reporter David German.) Hearing held 10:35 AM to 11:28 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MMO) (Entered: 05/10/2016) 05/16/2016 56 *MOTION to Intervene of Councilman Bill Gates, Councilwoman Suzanne Klapp, Sen. Debbie Lesko, and Rep. Tony Rivero by Arizona Republican Party, Bill Gates, Suzanne Klapp, Debbie Lesko, Tony Rivero. JA 5 (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Agne, Sara) *Modified to add filers on 5/17/2016 (REK). (Entered: 05/16/2016) 06/10/2016 72 MOTION for Preliminary Injunction on Polling Place Allocation and Provisional Ballot Claims by Arizona Democratic Party, DSCC, Democratic National Committee, Leslie Feldman, Hillary for America, Mercedez Hymes, Kirkpatrick for U.S. Senate, Luz Magallanes, Julio Morera, Cleo Ovalle, Peterson Zah. (Attachments: # 1 Text of Proposed Order)(Barr, Daniel) (Entered: 06/10/2016) 06/10/2016 84 MOTION for Preliminary Injunction of H.B. 2023 by Arizona Democratic Party, DSCC, Democratic National Committee, Leslie Feldman, Hillary for America, Mercedez Hymes, Kirkpatrick for U.S. Senate, Luz Magallanes, Julio Morera, Cleo Ovalle, Peterson Zah. (Attachments: # 1 Text of Proposed Order)(Barr, Daniel) (Entered: 06/10/2016) 06/28/2016 126 ORDER granting 56 Motion to Intervene pursuant to Fed. R. Civ. P. 24(b). (See Order for JA 6 details.) Signed by Judge Douglas L Rayes on 6/27/2016. (MMO) (Entered: 06/28/2016) 09/23/2016 204 ORDER that the Joint Motion to Strike Portions of Plaintiffs’ Reply Memorandum and Reply Exhibits filed by Defendants and the ARP, 167 , is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion for Preliminary Injunction of H.B. 2023, 84 , is DENIED. Signed by Judge Douglas L. Rayes on 9/23/16. (CLB) (Entered: 09/23/2016) 09/23/2016 206 *NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 204 Order on Motion for Preliminary Injunction, Order on Motion to Strike by Arizona Democratic Party, DSCC, Democratic National Committee, Leslie Feldman, Hillary for America, Mercedez Hymes, Kirkpatrick for U.S. Senate, Luz Magallanes, Julio Morera,Cleo Ovalle, Peterson Zah. Filing fee received:
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