No. 20A64, 20A65, 20A66 IN THE Supreme Court of the United States JILL SWENSON, et al., Petitioners, v. WISCONSIN STATE LEGISLATURE, et al., Respondents. SYLVIA GEAR, et al., Petitioners, v. WISCONSIN STATE LEGISLATURE, et al., Respondents. DEMOCRATIC NATIONAL COMMITTEE, et al., Petitioners, v. WISCONSIN STATE LEGISLATURE, et al., Respondents. TO THE HONORABLE BREtt M. KAVANAUGH ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE UNITED STATES AND CIRCUIT JUSTICE FOR THE SEVENTH CIRCUIT APPENDIX TO RESPONDENT’S OPPOSITION TO EMERGENCY APPLICATION TO VACATE STAY VOLUME III OF III SCOTT A. KELLER MISHA TSEYTLIN BAKER BOTTS LLP Counsel of Record 700 K Street, N.W. ROBERT E. BROWNE, JR. Washington, DC 20001 KEVIN M. LEROY (202) 639-7837 SEAN T.H. DUTTON TROUTMAN PEppER HAmiLTON SANDERS LLP EriC M.MCLEOD 227 West Monroe Street, Suite 3900 LANE E. RUHLAND Chicago, IL 60606 HUSCH BLACKWELL LLP (608) 999-1240 P.O. Box 1379 [email protected] 33 East Main Street, Suite 300 Madison, WI 53701-1379 LISA M. LAWLESS HUSCH BLACKWELL LLP 555 East Wells Street, Suite 1900 Milwaukee, WI 53202-3819 Counsel for Wisconsin State Legislature TABLE OF CONTENTS Wisconsin Elections Commission Memorandum In Support Of Its Motion To Dismiss, Edwards v. Vos, No. 3:20-cv-340, Dkt. 15 (W.D. Wis. May 25, 2020)………………………………………………………...……..App. 1 Wisconsin Elections Commission’s Voter Registration Guide……...…..………..App. 10 Notice of Withdrawal of Attorney, Democratic Nat’l Comm. v. Bostelmann, Nos. 3:20-cv-249 et al., Dkt. 56 (W.D. Wis. Mar. 26, 2020)………App. 12 Notice of Withdrawal of Attorney, Democratic Nat’l Comm. v. Bostelmann, Nos. 3:20-cv-249 et al., Dkt. 57 (W.D. Wis. Mar. 26, 2020)………App. 14 Notice of Withdrawal of Attorney, Democratic Nat’l Comm. v. Bostelmann, Nos. 3:20-cv-249 et al., Dkt. 58 (W.D. Wis. Mar. 26, 2020)………App. 16 Washington Post, The Wisconsin Primary Had Extraordinarily High Turnout, dated April 15, 2020………………………………………..……..….App. 18 Wisconsin Elections Commission’s Canvass Results for 2020 Spring Election and Presidential Preference Vote – 4/7/2020.……………….…App. 24 Wisconsin Elections Commission’s Unofficial Spring Election Turnout-34.3%-4/14/2020……………………………………………..…..App. 34 Wisconsin Elections Commission’s April 2020 Absentee Voting Report.……….App. 37 Deposition of Meagan Wolfe, dated July 3, 2020…………………………….…….App. 61 Deposition of Meagan Wolfe, dated July 16, 2020………………………………..App. 142 DNC Plaintiffs’ Second Amended Complaint, Democratic Nat’l Comm. v. Bostelmann, Nos. 3:20-cv-249, Dkt. 198-1 (W.D. Wis. Apr. 30, 2020)…………App. 256 Swenson Plaintiffs’ First Amended Complaint, Swenson v. Bostelmann, No. 3:20-cv-459, Dkt. 37 (W.D. Wis. June 23, 2020)………….………………….App. 296 Deposition of Robert Spindell, dated July 7, 2020………………………………..App. 367 Wisconsin Elections Commission’s April 7 Election and Next Steps Memorandum from Meagan Wolfe………………………………………………….App. 408 - i - Wisconsin Elections Commission’s April 18, 2020 Special Teleconference Meeting Notes………………………………………………………App. 419 City of Madison’s CORRECTED Polling Place Listing for April 7……………..App. 422 Leung, et al., No Detectable Surge in SARS-CoV-2 Transmission due to the April 7, 2020 Wisconsin Election (Apr. 29, 2020)…………………………..App. 429 Wisconsin Elections Commission’s Absentee Ballot Report – May 12, 2020 Special Election for Congressional District 7……………………..App. 437 Wisconsin Elections Commission’s May 1, 2020 Voter Registration Statistics………………………………………………………………..App. 440 Wisconsin Elections Commission’s More Than 69,000 Absentee Ballots Already Returned for May 12 Special Election……………….App. 443 WEC Defendants’ Status Report, Democratic Nat’l Comm. v. Bostelmann, Nos. 3:20-cv-249 et al., Dkt. 227 (W.D. Wis. June 25, 2020)……..App. 447 Wisconsin Elections Commission’s Update on Commission Actions 5/27- COVID-19…………………………………………………………......App. 501 Wisconsin Elections Commission’s WEC Prepares For Fall Elections By Approving Block Grants To Municipalities and Mailing to Voters - COVID-19………………………………………………………..App. 504 Court of Appeals Order Granting Emergency Stay (Sept. 28, 2020)…………..App. 509 Transcript of Injunctive Hearing Before District Court (Aug. 5, 2020)………..App. 512 Wisconsin Elections Commission’s Absentee Ballots ……...…..……..………….App. 742 Deposition of Neil Albrecht, dated July 23, 2020…………………………………App. 746 Deposition of Kris Teske, dated July 28, 2020…………………………………….App. 778 - ii - Case: 3:20-cv-00249-wmc Document #: 458-28 Filed: 07/21/20 Page 1 of 3 EXHIBIT 28 108913552 - App. 501 - Case: 3:20-cv-00249-wmc Document #: 458-28 Filed: 07/21/20 Page 2 of 3 WISCONSIN ELECTIONS COMMISSION Administering Wisconsin's Election Laws Home »Node Update on Commission Actions 5/27- COVID-19 Priority High Priority Date May 27, 2020 - 9:00pm To Wisconsin County Clerks Wisconsin Municipal Clerks City of Milwaukee Election Commission Milwaukee County Election Commission From Meagan Wolfe, Administrator Municipal and County Clerk Partners: Today, the Commission passed the following three motions regarding the spending plan for the federal 2020 CARES Act Grant funds for elections. More detailed information about each item will be forthcoming, but we did want to let you know right away so that you can begin preparations accordingly. Materials for this evening’s meeting can be found here: https://elections.wi.gov/node/6912 Here are the motions that were approved by the Commission: Motion #1: The Commission directs WEC staff to administer a CARES Act sub-grant to local election officials with a base grant of $200, and then an additional rate of $1.10 per registered voter not to exceed a total cost of more than $4,126,528. More information about this grant and how to apply for your funds will be provided to all clerks in the coming days. Motion #2: The Commission directs staff to prepare a draft mailer for the Commission’s review and approval at the June 10 meeting. The Commission further directs staff to prepare for the mailing to be sent to all voters without an active absentee request on file (excluding ERIC movers and others who may not be eligible) for a total cost not to exceed $2,252,035. - App. 502 - / Case: 3:20-cv-00249-wmc Document #: 458-28 Filed: 07/21/20 Page 3 of 3 This proposal also includes completed absentee applications being returned to WEC staff and data entered by WEC staff for approval/denial by municipal clerks. More information on this initiative will be provided after the Commission’s June 10th meeting. Motion #3: The Commission directs staff not to pursue the redesign of the absentee ballot certificate envelope in 2020 and further directs staff to incorporate intelligent mail barcodes into the existing design and to issue best practices to local election officials on how to maximize the usability of the current envelope design. Clerks should proceed with envelope orders of the current design. More information on customization to consider with your print order (and using grant funds if so chosen) will be provided in a follow-up communication. Thank you to the many clerks who have worked with us over the past few months to provide feedback on changes to the absentee process. Again, this is just a preliminary communication to inform you of the Commission’s decisions, detailed information on each initiative will be provided in the coming days. clerks Wisconsin Elections Commission | 212 East Washington Avenue, Third Floor P.O. Box 7984 | Madison, Wisconsin 53707-7984 tele (608) 266-8005 | fax (608) 267-0500 | tty 1-800-947-3529 | e-mail [email protected] Toll-Free Voter Help Line: 1-866-VOTE-WIS - App. 503 - / Case: 3:20-cv-00249-wmc Document #: 458-29 Filed: 07/21/20 Page 1 of 5 EXHIBIT 29 108913552 - App. 504 - WEC Prepares for Fall Elections by Approving Block Grants to Municipalities and Maili... Page 1 of 4 Case: 3:20-cv-00249-wmc Document #: 458-29 Filed: 07/21/20 Page 2 of 5 WISCONSIN ELECTIONS COMMISSION Administering Wisconsin's Election Laws Home »Node WEC Prepares for Fall Elections by Approving Block Grants to Municipalities and Mailing to Voters - COVID-19 Date: Fri, 05/29/2020 - 10:15 MADISON, WI – The Wisconsin Elections Commission has approved spending $7.2 million in federal CARES Act funding, including a $4.1 million block grant program to help local election officials and voters prepare for Fall 2020 elections amid the COVID-19 pandemic. “Wisconsin voters and election officials need to be ready for anything this fall,” said Meagan Wolfe, administrator of the WEC. “We are using the lessons we learned from the Spring Election in April and the federal grant funds to ensure we are prepared for November.” The $4.1 million block grant program will help municipalities deal with significant unbudgeted expenses for fall elections like postage and envelopes due to high demand for absentee ballots at the Spring Election, when nearly 1.16 million ballots were cast by mail. In addition to giving block grants to municipalities, the WEC will send an informational mailing to approximately 2.7 million registered voters later this summer about their voting options for November, including an absentee ballot request form and a return envelope. The Commission will consider final plans for the mailer at its June 10 meeting. The voter mailing is designed to inform voters who have not already requested an absentee ballot for November about their three voting options, including absentee voting by mail or in-person at the clerk’s office and voting at the polls on Election Day, Wolfe said. - App. 505 - https://elections.wi.gov/node/6917 7/17/2020 WEC Prepares for Fall Elections by Approving Block Grants to Municipalities and Maili... Page 2 of 4 Case: 3:20-cv-00249-wmc Document #: 458-29 Filed: 07/21/20 Page 3 of 5 “We want voters to know what their options are, and for anyone who is considering voting by mail to make their request as soon as possible so clerks are not overwhelmed right before the election,” Wolfe said.