FILED DALLAS COUNTY 10/27/2014 2:55:10 PM GARY FITZSIMMONS DISTRICT CLERK /s/ Candace Tyler DC-14-12545 Cause No. § IN THE DISTRICT COURT § EX PARTE § § OF DALLAS COUNTY, TEXAS ANTOINETTE (“TONI”) PIPPINS-POOLE, § ELECTIONS ADMINISTRATOR § § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION COMES NOW, Antoinette (“Toni”) Pippins-Poole, Dallas County Elections Administrator (Petitioner), who based on the need to balance the state’s duty to protect the public health and Petitioner’s statutory responsibility to safeguard and ensure the right of the county’s eligible registered voters to cast a vote in the upcoming election, requests permission to be allowed to provide an alternative voting procedure for individuals who as a result of precautionary public health measures arising from the recent outbreak of the Ebola virus in Dallas County are under agreed movement restrictions until such time that they are no longer within the incubation period for contracting the Ebola virus. These individuals include healthcare workers who were in contact with Thomas Eric Duncan a/k/a “Patient Zero,” and others who were in contact with those healthcare workers. Request 1. Petitioner requests an exception to the voting procedures as defined in the Texas Elections Code §§ 81-114 for the class of Dallas County registered voters identified above, and for individuals that are under movement restrictions due to Ebola exposure at any time prior to November 3, 2014. The Petitioner seeks a court order allowing these voters to use the procedure described below which has been vetted by and is acceptable to the Texas Secretary of State for voting by email under the current circumstances. Furthermore, the described procedure has been successfully administered in Bexar County, Texas as a pilot program under Texas Election Code §105.004. 1. Dallas County will appoint a limited number of individuals to receive the ballots of these voters by email, and these individuals will sign a non-disclosure agreement stating that they understand they will be viewing marked ballots by known voters, and that they are not authorized to disclose or divulge the voter’s selection, or any data regarding the individuals allowed to vote by this method to protect their privacy. 2. Dallas County and health officials will notify all members of the eligible class of voters of the availability of this procedure. 3. Dallas County will require voters to acknowledge by signature that if sending their ballot via email, the secrecy of the ballot will not be preserved for the limited number of Dallas County personnel that will process the application and ballot. Further, Dallas County will in writing explain to the voter the procedures that will occur in connection with their ballot. 4. An application for Ballot By Mail, via email, must be forwarded by the voter to a specified email address for Dallas County, and Dallas County will email an application to the voter. 5. Voters are required to print their application, complete it, scan (either with a scanner or camera), and submit by attaching the completed application to the County by reply email. Voters will be required to attach a copy of the “Communicable Disease Control Order” or other document/procedure for ensuring that the voter is using this procedure because they are under a quarantine order and/or agreed movement restrictions at the request of the Texas Department of State Health Services, the Center for Disease Control “CDC” or the Dallas County Public Health Authority. 6. Upon receipt of the request Dallas County will email unmarked ballots and provide the same email address for voters to return their marked ballots by return email. 7. Voters will print, mark, and then create a digital image of their ballot with completed signature (either with a scanner or camera), and will email these materials to Dallas County. 8. Pre-designated personnel (see No. 1 above) at Dallas County will receive the marked ballot, duplicate the ballot, and place into an envelope for the review of the Early Voting Ballot Board. These ballots will be treated like any other by mail ballot, and once accepted by the ballot board will be counted. 9. Individuals who are eligible for this alternative voting procedure, but who do not have the means to follow and complete their ballots using steps 4-7, must call the Dallas County Elections Department by noon on Thursday, October 30, 2014, to allow the Elections Department to provide any means reasonable and necessary to complete the alternative voting procedure. Notice after that date, is not considered reasonable, and individuals providing such late notice might not be afforded the opportunity to vote by alternative voting procedure. Request 2. Petitioner further requests an exception to the voting procedures as defined in the Texas Elections Code § 84.007(c) which permits voters to submit an application for ballot voted by mail “on or after the 60th day before election day and before the close of regular business in the early voting clerk's office or 12 noon, whichever is later, on the ninth day before election day unless that day is a Saturday, Sunday, or legal state or national holiday, in which case the last day is the first preceding regular business day.” Because the ultimate extent of the Ebola outbreak cannot be known, preparations must be made to allow affected individuals to vote by an alternative procedure (Request 1, supra). In order to provide effect to such procedure, and because the deadline for application of voting by mail passed at noon on Friday, October 24, 2014, Petitioner respectfully requests this Court to extend the deadline for application of voting by mail until November 2, 2014, to such eligible voters. Prayer Pursuant to the authority vested in this court to hear and determine any cause that is cognizable by courts of law or equity and to grant any relief that could be granted by either courts of law or equity, V.T.C.A., Government Code § 24.008, Petitioner prays the requested relief be granted by this Court. Respectfully submitted, Craig Watkins District Attorney Dallas County, Dallas, Texas /s/ Teresa Guerra Snelson Teresa Guerra Snelson Assistant District Attorney Texas Bar No. 08577250 Barbara Nicholas Assistant District Attorney Texas Bar No. 24032785 411 Elm Street, 5th Floor Dallas, Texas 75202 (214) 653-7358 (214) 653-6134 (FAX) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 27th day of October, 2014, a Plaintiff’s Original Petition, was sent to the parties listed below, and by delivery method as indicated: Keith Ingram Certified Mail, Return Receipt Requested and Email Director of Elections [email protected] Texas Secretary of State [email protected] P.O. Box 12060 Austin, Texas 78711-2060 Wade Emmert, Chairman First Class Mail, Fax and email Dallas County Republican Party [email protected] 10300 North Central Expressway fax: 214.363.0867 Suite 345 Dallas, TX 75231 Darlene Ewing, County Chair First Class Mail, Fax and Email Taylor Holden, Executive Director [email protected] Dallas County Democratic Party fax: 214.821.0995 4209 Parry Ave Dallas, TX 75223 [email protected] Darryl Martin Hand Delivery Dallas County Administrator 411 Elm St. Dallas, TX 75202 Craig Watkins District Attorney Dallas County, Dallas, Texas /s/ Teresa Guerra Snelson Teresa Guerra Snelson .