STATE OF LOUISIANA * PARISH OF EAST BATON ROUGE * 19™ JUDICIAL COURT WILLIE HUNTER, JR. AND FILED: DOROTHY MARTIN VERSUS NO., THE HONORABLE TOM SCHEDLER, BY: IN HIS OFFICIAL CAPACITY AS LOUISIANA SECRETARY OF STATE PETITION FOR WRIT OF MANDAMUS, REQUEST FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND AN EXPEDITED HEARING NOW INTO COURT through undersigned counsel, come Petitioners, each residents of the age of majority, domiciled in and residing in Ouachita, and registered voters within Louisiana House District 17 Ouachita Parish, Louisiana who respectfully state: Made Defendant herein: 1. Honorable Tom Schedler (hereinafter “Secretary,”) in his capacity as Louisiana Secretary of State. 2. ‘That this court is the proper venue for causes of action asserted herein and occurring within the geographic boundaries of the State of Louisiana, and which jurisdiction of same falls within the 19* Judicial District Court. That the Secretary is the proper party Defendant who in his official capacity is responsible for administering all laws governing voter registration, voting and elections; which may include but are not necessarily limited to maintaining the statewide voter registration system; scheduling elections and qualifying candidates for elections; and for compiling, reporting and maintaining official elections returns and statistics, as well as designating early voting periods and times. ‘That by executive order effectuated on or about October 31, 2014, Governor Jindal, acting in conjunction with Secretary of State Schedler introduced an overreaching proclamation, (i.e. No. 114BJ2014), which did not comply with existing laws or legislative intent relative to Louisiana voters’ rights and move specifically the designated times for early voting. Page 1 of $‘That as a result of this proclamation the Secretary, despite possessing discretion, has ordered closure on all election offices statewide Friday, November 28", 2014 which serves as an eligible day to early vote. The latter action disenfranchises state voters. ‘That Petitioners through counsel requested the Secretary Schedler to reinstate the above lost day, nevertheless, he responded in writing, “there isn’t any latitude to either extend or shorten early voting.” (Secretary's response to Representative Hunter letter on November 21, 2014) That the Secretary's refusal to exercise his reasonable discretion afforded via the executive proclamation under Section 2 aided the Governor in grossly deviating from the legislative intent prescribed by the law in five (5) separate legislative acts namely Act 1022 (2003); Act No. 220 (2005); Act No. 569 (2006); Act No. 229 (2007)and Act No. 567 (2008). ‘That Petitioners state a review of this petition with the attached exhibits, and laws pertaining thereto assert a prima facie case of legitimacy of this action. Therefore, we now request a temporary restraining be order in the form of a preliminary injunction be issued after the hearing of the issues presented. ‘That Petitioners feel a showing of irreparable injury is not necessary when the deprivation atively designated early voting of a constitutional right, such as the right to vote early within days. Petitioners further fee! to allow such unfettered discretion by Secretary “undermines voters the privilege to have a early voting for the remaining six (6) days after honoring the United States ‘Thanksgiving Holiday of Thursday, November 27", 2014. 10. That Petitioners also request this Court issue a temporary restraining order in the form of a g the Secretary from reducing the early voting period by two (2) days in recognition of another holiday Friday, November 28", 2014. preliminary injunction en; Page 2 of 51. ‘That the early voting period is presently occurring and it is Petitioners request an expedited hearing be had to decide if the act of disenfranchising voters on Friday, November 28%, 2014 should be sustained in honor of the now designated holiday, i.c., Acadian Day, by proclamation hereinabove sited which was signed by Governor Jindal and now being enforced by our Secretary. 12. That the Secretary (as a political subdivision in Accordance with La, R.S. 18:1282) denying Friday, November 28, 2014 as a legitimate early voting period in lieu of honoring a proclaimed designated holiday by the Governor of this State has disenfranchised voters from having the option to exercise his or her right to vote and further violated other election codes, namely La RS, 18:1941 regarding changing voting practice or changes. WHEREFORE, WILLIE HUNTER JR. & DOROTHY MARTIN, THROUGH UNDERSIGNED COUNSEL PRAY: 1. That a copy of this petition be served on Honorable Tom Schedler in official capacity as Secretary of State ; 2. The matter be set expeditiously in accordance with state laws governing election matters and injunction matters during this early voting period which at present is November 22%, 24%, 25" 26, and 29th 2014 with holidays being recognized on Thursday and Friday respectfully November 27" and November 28th ; 3. That this Honorable Court issue a temporary restraining order in the form of a preliminary injunction to the Secretary preventing this action on Friday, November 24, 2014; or alternatively have the Secretary to show good cause why such injunction should not be issued preventing him from reinstating voters state wide the privilege of voting on Friday, November 28", 2014; That after said hearing, Judgment in Petitioners in favor by this Honorable court reinstating Friday, November 28", 2014 as a also a designated coting; 5. That Secretary's action of closing statewide voting offices throughout the State of Louisiana on Friday, November 28th, 2014 to be denied based upon, inter alia LaRS.18:1941; Page 3 of 56. That for any and all of other relief the Honorable Court finds necessary and appropriate. Respectfully Submitted, YANIEL J. HUNTER 900 St. John Street Monroe, La 71201 ‘Telephone: (318) 388-0883 Email: marcuslhunter@yahoo.com Cell: (318) 235-5511 Attorneys for Petitioners PLEASE SERVE: The Honorable Tom Schedler in his official capacity as Louisiana Secretary of State 8585 Archives Ave Baton Rouge, LA 70802 Phone: 225-922-2880 CERTIFICATE I HEREBY CERTIFY a copy of the foregoing Petition has been faxed due to expedited nature once email provided, all exhibits will be forwarded. Monroe, Louisiana, this 2 day of November 2014. Page 4 of 5STATE OF LOUISIANA PARISH OF OUACHITA VERIFICATIO. BEFORE ME, the undersigned notary, personally came and appeared WILLIE HUNTER, IR., who after being duly sworn, did depose and state: 1, Hes the petitioner in the above and foregoing Petition; 2. Hehasread same and all allegations contained therein are true and correct to the best of his knowledge, information and belief. SWORN TO AND SUBSCRIBED before me, Notary, this Z/ 4 day of November +2014, at Monroe, Ouachita Parish, Louisiana. iOTARY PUBLIC, AY g Printed Name: A Lense fholinSTATE OF LOUISIANA PARISH OF OUACHITA VERIFICATION BEFORE ME, the undersigned notary, personally came and appeared DOROTHY MARTIN, who after being duly sworn, did depose and state: 1. She is the petitioner in the above and foregoing Petition; 2. She has read same and all allegations contained therein are true and correct to the best of his knowledge, information and belief. SWORN TO AND SUBSCRIBED before me, Notary, this Zp cay of November + 2014, at Monroe, Ouachita Parish, Louisiana. DOROTHY MARTIN PUBLIC, # $277 Printed Name:__ 4, Z2 428 HhuwleeORDER CONSIDERING the foregoing Petition, the laws, and the exhibits attached; thereto: IT IS ORDERED Petitioners Motion for a Temporary Restraining Order in the form of a preliminary injunction be hereby GRANTED; Or Alternatively, IT IS ORDERED The Honorable Tom Schedler, in his capacity as Louisiana Secretary of State, show cause on November __, 2014 at m. in Courtroom why a temporary restraining order in form of a preliminary injunction should not be issued ordering him to perform his ministerial of continuing state wide early voting on Friday, November 28%, 2014, IT IS ALSO ORDERED Secretary be enjoined from: 1, Wrongfully determining during this early voting period why this state department, inclusive of the state offices or registrar department under his control or not required to maintain early voting on Friday, November 28", 2014 in accordance state laws enacted hereon. 2. From actively engaging in this act on Friday, November 28th, 2014 which oppresses and deny a fundamental of Louisianan voters. 3. And from failing to comply with state law under La R.S. 18:1941 which requires preclearance with regards to any voting practices or changes in this, IT IS FURTHER ORDERED to show cause why this Honorable Court after said matter has been set for trial on its merit in accordance with State Laws and after being heard a permanent injunction be granted in Petitioner's favor, Order signed at Baton Rouge, Louisiana on this day November 2014. District Court Judge Page 5 of 5STATE OF LOUISIANA * PARISH OF EAST BATON ROUGE * 19™ JUDICIAL COURT WILLIE HUNTER, JR. AND FILED: DOROTHY MARTIN VERSUS NO., THE HONORABLE TOM SCHEDLER, BY: IN HIS OFFICIAL CAPACITY AS LOUISIANA SECRETARY OF STATE, Eee MEMORANDUM IN SUPPORT OF PETITION FOR WRIT OF MANDAMUS, REQUEST FOR DECLARATORY JUDGMENT, INJUNCTIVE RELIEF, AND AN EXPEDITED HEARING NOW INTO COURT through undersigned counsel, come Petitioners, Willie Hunter Jr. and Dorothy Martin, both residents of the age of majority, domiciled in and residing in Ouachita Parish who file this Memorandum in Support of their Petition for Writ of Mandamus, Request for Declaratory Judgment, Injunctive Relief, and an Expedited Hearing The Louisiana Constitution provides "every citizen of the state, upon reaching eighteen years of age, shall have the right to register and vote." LA. CONST. art. I, § 10(A); see also U.S. CONST. art. IV, § 4, To fulfill this right, the Constitution instructs the Legislature to “adopt an election code which shall provide for permanent registration of voters and for the conduct of all elections" and to "provide a method for absentee voting." LA. CONST. art. XI, §§ 1, 2. The constitutional grant of the right to vote along with a direction to establish a code, i.,, the rules, procedures, and methods to accomplish this right, in general language evidences an intent the Legislature has broad powers to legislate the conduct, the when, where, and how, of the election process. Any effort to subvert legislative intent should be strictly scrutinized. Legislative intent is defined as, “The purpose for which a measure is enacted and the ‘meaning of the measure which the legislature intended, often determined in reviewing committee proceeding tapes or transcripts and floor proceedings.” (Emphasis added) In keeping with this mandate, the Legislature established the Election Code delineating the provisions relative to Page Lof 9early voting. The Legislature, in a continuous effort to combat voter apathy and increase voter tumout saw fit to prescribe the when, where, and how voting is to take place. The voluminous provisions of the Election Code establishing the rules, procedures, and methods for early voting ‘were not strictly construed so as to prevent every possible voter an opportunity. Contrarily, they were established to aid the Secretary of State in performance of his ministerial duties as well as afford each registered voter the full exercise of their fundamental rights. Acts of the Legislature Evidencing Intent to Expand Early Voting In order to put the legislative intent regarding early voting into perspective, we must look at the history of the transformation of voting laws over the years. Act 1022 (2003 Regular Session) served as the comerstone of the Legislative intent to keep the rights of voters in highest regard. The House voted 104-0; The Senate voted 36-0 in favor of sending all changes in voting practices to the federal government for preclearance, Over a decade later, this requirement has remained unchanged despite several different subsequent election code charges and in spite of the U.S. Supreme Court Shelby ruling. Act No, 220 (Regular Session 2005) was a nonpartisan law failed as good government establishing new early voting as a priority without the necessity of having an “excuse.” The new law specifically is noted in the digest, “any person who is otherwise qualified to vote may absentee in person, Act 220 further changed the language from “absentee voting in person” to “early voting.” The House voted 101-0. The Senate voted 35-0. Act No. 569 (2006 Regular Session) sought to increase the early voting time if a holiday fell during early voting. As such, the time to vote was increased by a half day to offset the loss of a holiday period during early voting. Saturdays would be extended from 12pm to 4:30pm. The House voted 85-13. The Senate voted 30-8. Act No. 229 (2007 Regular Session) expanded the early voting period from twelve (12) days to fourteen (14) days. It further provided any Saturday election days would be paid for by Page2of 9the State fiom funds appropriated to the secretary of state for such purpose. The House voted 101-0, The Senate 36-0. Further seeking to improve voter turnout, Act No. 167 (2008 Regular Session) was presented. This legislative instrument extended the early voting times from 4:30pm to 6pm and further allocated state funds to offset any costs associated by local registrars for the extended voting periods. The House voted 83-8. The Senate voted 36-1. The Higher Standard of Louisiana ‘Act 1022 (2003 Regular Session) is the crux of the matter. Having nearly unanimous support from The House (104 0) and Senate (36-0) this evidenced the intent of the legislature to create a higher standard within its own voting process. The Legislature, understanding the vestiges of voter suppression and impediments to full exercise of fundamental rights, embedded a higher standard of its elected officials over two decades ago. The effort began by embedding several layers of protection in the Election Code. Next, the legislature deemed the position of Secretary of State a “political subdivision "pursuant to La. R.S. 18:1282. Continuing the trend toward voter protection coupled with self-imposed checks and balances, the legislature added La. RS. 18:1941 which reads, “Each political subdivision of this state which submits for preclearance any proposed change in voting practice or procedure pursuant to Section 5 of the Voting Rights Act of 1965 shall, at the same time as the submission, send a copy of its submission, by certified mail, to the Secretary of State, Clerk of Court, and Registrar of Voters. ‘The political subdivision shall also send to the Secretary of State, Clerk of Court, and Registrar of Voters, by certified mail, a copy of any response to the submission, It further reads, “In order for an office which is included in a reapportionment or redistricting plan to be included on the ballot for an election, a notice that such plan has been precleared pursuant to the Voting Rights Act of 1965 shall be received by the secretary of state not later than 5:00 p.m. of the fifth business day prior to the scheduled opening of the qualifying period for the election. In order for an office which is included in a reapportionment or redistricting plan to be included on the ballot Page 3 of 9for an election, a notice that such plan has been precleared pursuant to the Voting Rights Act of 1965 shall be received by the secretary of state not later than 5:00 p.m. of the fifth business day prior to the scheduled opening of the qualifying period for the election. If the notice of preclearance is not timely received by the secretary of state, the election shall be postponed and shall be scheduled at the next available election date and such election shall not be considered a special election.” (Emphasis added) The U.S. Supreme Court did not rule on the constitutionality of Section 5 itself. The effect of the Shelby County decision is jurisdictions identified by the coverage formula in Section 4(b) no longer need to seek preclearance for the new voting changes, unless they are covered by a separate court order entered under Section 3(c) of the Voting Rights Act. However, Louisiana has maintained through years of legislation our intent to continue to seek federal approval for any changes as well as require certified copies be sent to the Secretary. This higher standard, in an effort to protect the sanctity and integrity of the electoral process, was put in place by the Louisiana Legislature and continues to have the effect of a state imposed “strict scrutiny standard.” Since Governor Jindal’s proclamation was rendered on October 31, 2014 (which was signed by Governor Jindal and Secretary Schedler) after qualifying and during the throes of intense local, regional, and national elections, we believe it should be summarily rejected for failing to meet our State’s high standards. Assuming arguendo, federal intervention is no longer needed, our higher standard statutorily requires notice occur not later than 5:00 p.m. of the fifth business day prior to the scheduled opening of the qualifying period for the election. Qualifying for the November elections was August 20, 2014, Therefore, Governor Jindal had until August 13, 2014 to declare the day after Thanksgiving “Acadian Day.” The Governor's failure to timely do so effectively voids the proclamation. As such, early voting should be resolved. Page 4 of 9