Case 5:20-cv-00035 Document 19 Filed on 03/30/20 in TXSD Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION Sylvia Bruni, Texas Democratic Party, DSCC, DCCC, and Jessica Tiedt, Plaintiffs, Civil Action No. 5:20-cv-35 v. RUTH HUGHS, in her official capacity as the Texas Secretary of State, Defendant. PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Pursuant to Federal Rule of Civil Procedure 65(a), Plaintiffs Sylvia Bruni, Texas Democratic Party, DSCC, DCCC, and Jessica Tiedt, for the reasons set forth in the memorandum of law filed concurrently with this Motion and supported by the exhibits and declarations submitted therewith, respectfully move for an order preliminarily enjoining RUTH HUGHS, in her official capacity as Texas Secretary of State, and her officers, agents, servants, employees, and successors, and all persons in active concert or participation with them, from implementing, enforcing, or giving any effect to House Bill 25, and ordering Defendant to ensure that all Texas voters have the option to vote straight ticket in the November 2020 General Election as well as any future general election occurring during the pendency of this litigation. March 30, 2020 Respectfully submitted, /s/ Skyler M. Howton Skyler M. Howton Attorney-in-Charge TX# 24077907 SDTX#2395101 PERKINS COIE LLP Case 5:20-cv-00035 Document 19 Filed on 03/30/20 in TXSD Page 2 of 3 500 North Akard St., Suite 3300 Dallas, TX 75201-3347 Telephone: (214) 965-7700 Facsimile: (214) 965-7799 [email protected] Marc E. Elias* Bruce V. Spiva* Lalitha D. Madduri* Daniel C. Osher* Emily R. Brailey* Stephanie I. Command* [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] PERKINS COIE LLP 700 Thirteenth Street, N.W., Suite 600 Washington, D.C. 20005-3960 Telephone: (202) 654-6200 Facsimile: (202) 654-6211 Counsel for All Plaintiffs *Pro Hac Vice Application Pending Chad W. Dunn, TX# 24036507 Brazil & Dunn, LLP 4407 Bee Caves Road, Suite 111 Austin, Texas 78746 Telephone: (512) 717-9822 Facsimile: (512) 515-9355 [email protected] Counsel for Plaintiff Texas Democratic Party - 2 - Case 5:20-cv-00035 Document 19 Filed on 03/30/20 in TXSD Page 3 of 3 CERTIFICATE OF CONFERENCE Pursuant to the Local Rules and Standing Orders and Procedures of this Court, I hereby certify that counsel for movant Plaintiffs and respondent Defendant have electronically conducted a conference at which there was a discussion regarding Defendant’s position on Plaintiffs’ Motion. The parties have been unable to resolve the matters presented in Plaintiffs’ Motion. Certified to on March 30, 2020 /s/ Skyler M. Howton Skyler M. Howton CERTIFICATE OF SERVICE I hereby certify that March 30, 2020, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system. As no counsel of record has appeared for Defendant, I further certify that I will have a copy of the foregoing document personally served on Defendant through a third-party process server. /s/ Skyler M. Howton Skyler M. Howton - 3 - Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION Sylvia Bruni, Texas Democratic Party, DSCC, DCCC, and Jessica Tiedt, Plaintiffs, Civil Action No. 5:20-cv-35 v. RUTH HUGHS, in her official capacity as the Texas Secretary of State, Defendant. APPENDIX I TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 2 of 24 CONTENTS Declaration of Bruce V. Spiva in Support of Plaintiffs’ Motion for Preliminary Injunction Exhibit 1 - Stefan Haag & William R. Peck, Straight-Ticket Voting in Texas 1998-2018 (Feb. 2019) Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 3 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS LAREDO DIVISION Sylvia Bruni, Texas Democratic Party, DSCC, DCCC, and Jessica Tiedt, Plaintiffs, Civil Action No. 5:20-cv-35 v. RUTH HUGHS, in her official capacity as the Texas Secretary of State, Defendant. DECLARATION OF BRUCE V. SPIVA IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION I, Bruce V. Spiva, hereby declare as follows: 1. I am over 18 years of age and am competent to make this declaration. I am a partner with the law firm of Perkins Coie LLP, and am admitted to practice law in the District of Columbia, the State of California, the State of Maryland, and multiple federal district and appellate courts, as well as the U.S. Supreme Court. I have filed an application to appear pro hac vice in this case and represent Plaintiffs in the above-captioned matter. I submit this declaration in support of Plaintiffs’ Motion for Preliminary Injunction. 2. Counsel for Plaintiffs electronically conferred with counsel for Defendant on March 26 and March 27, 2020, about Plaintiffs’ Motion for Preliminary Injunction. The parties were not able to reach an agreement on the Motion. 3. Attached hereto as Exhibit 1 is a true and correct copy of an article entitled “Straight-Ticket Voting in Texas 1998-2018,” written by Stefan Haag & William R. Peck and published in February 2019 by the Austin Community College Center for Public and Political 1 Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 4 of 24 Studies. 4. Attached hereto as Exhibit 2 is a true and correct copy of the expert declaration of Dr. Allan Lichtman. 5. Attached hereto as Exhibit 3 is a true and correct copy of the expert declaration of Dr. Muer Yang. 6. Attached hereto as Exhibit 4 is a true and correct copy of official election records obtained from Collin County regarding polling place line lengths on Election Day 2016. 7. Attached hereto as Exhibit 5 is a true and correct copy of the declaration of Matthew Haley. 8. Attached hereto as Exhibit 6 is a true and correct copy of the declaration of William Sharry. 9. Attached hereto as Exhibit 7 is a true and correct copy of the declaration of LaQuita Middleton-Holmes. 10. Attached hereto as Exhibit 8 is a true and correct copy of the expert declaration of Dr. Jason Roberts. 11. Attached hereto as Exhibit 9 is a true and correct copy of the final report of the Caltech/MIT Voting Technology Project’s 2008 Survey of the Performance of American Elections, written by R. Michael Alvarez, Stephen Ansolabehere, Adman Berinsky, Gabriel Lenz, Charles Stewart III, and Thad Hall and published in 2009. 12. Attached hereto as Exhibit 10 is a true and correct copy of a working paper of the Caltech/MIT Voting Technology Project entitled “Waiting in Line to Vote,” written by Charles Stewart III and Stephen Ansolabehere and published in 2013. 13. Attached hereto as Exhibit 11 is a true and correct copy of the expert declaration 2 Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 5 of 24 of Dr. Maxwell Palmer. 14. Attached hereto as Exhibit 12 is a true and correct copy of an article entitled “The Effects of Eliminating Straight-Ticket Voting in Texas,” written by Stefan Haag & William R. Peck and published in August 2019 by the Austin Community College Center for Public and Political Studies. Dated this 30th day of March, 2020. Respectfully submitted, /s/ Bruce V. Spiva Bruce V. Spiva 3 Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 6 of 24 Exhibit 1 Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 7 of 24 in the Division of Community and Public Affairs REPORT #14 Studies of Political Statistics: Straight-ticket Voting in Texas 1998-2018 PRESENTED BY AUSTIN COMMUNITY COLLEGE RETIRED PROFESSOR OF GOVERNMENT STEFAN HAAG WITH THE ASSISTANCE OF THE ACC CENTER FOR PUBLIC POLICY AND POLITICAL STUDIES WILLIAM R. “PECK” YOUNG, DIRECTOR FEBRUARY 2019 ACC Center for Public Policy and Political Studies in the Division of Community and Public Affairs 5930 Middle Fiskville Road, Suite 414 ● Austin, TX 78752 ● 512-223-7069 www.austincc.edu/cppps ● [email protected] William R. “Peck” Young, Director Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 8 of 24 Case 5:20-cv-00035 Document 19-1 Filed on 03/30/20 in TXSD Page 9 of 24 This report consists of two parts. Part I provides the methodology used in collecting the data and the major findings in the data. Part II assesses the effects of straight-ticket voting on electoral politics in Texas, using the data collected in Part I and additional data culled from scholarly sources. The appendices include the data collected for the study. Part I: Methodology and Major Findings A. Methodology This study is an analysis of straight-ticket voting in the Texas gubernatorial elections of 1998, 2002, 2006, 2010, 2014, and 2018. The data gathered by the ACC Center for Public Policy and Political Studies (CPPPS) has enabled the Center to observe voting patterns and possible trends among straight-ticket voters in Texas. Data for these six elections were compiled from Texas county voting statistics on the Texas Secretary of State’s Web site, from county Web sites, and from county election officials. The study looked at the largest counties representing up to 80 percent of the statewide vote. For the elections from 1998 to 2002, the data came from CPPPS archives.