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.