Case 3:20-cv-00407-CRS Document 19 Filed 06/12/20 Page 1 of 2 PageID #: 301

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION

JASON NEMES, et. al. : Case No. 3:20-CV-407-CHB

v. :

CARL BENSINGER, et. al. :

EMERGENCY MOTION TO INTERVENE BY KEISHA DORSEY

Keisha Dorsey, by and through Counsel, moves to intervene. The basis for her to do so is

that she is a Louisville/Metro Councilwoman, who represents a predominately African American

district, which is disproportionately impacted by the challenged single-polling location option.

Ms. Dorsey has been involved, with Representative Nemes, in obtaining a list of poll workers to

work the polls if relief is granted. She has also been involved in obtaining voting locations to

conduct the primary if relief is granted. Furthermore, unlike the other Plaintiffs, Ms. Dorsey is a

registered Democrat and thus may represent interests not otherwise represented in this case. In

short, because she desires to vindicate the voting rights of herself and her constituents, and

because she would be involved in assisting in the implementation of relief, and because she

represents an unrepresented constituency in this matter, she seeks to intervene.

Nor does her intervention present prejudice to the Defendants, as she is not introducing

new claims to this matter: her proposed intervening Complaint merely incorporates the

previously filed Complaint of the Plaintiffs and identifies herself and her interests in seeking to

intervene. Furthermore, while she does seek additional relief not sought by the original Plaintiffs

in this matter, namely the extension of hours for in-person voting, extension of hours is also

sought by the McGrath Campaign, and presents no additional prejudice to Defendants.

1
 Case 3:20-cv-00407-CRS Document 19 Filed 06/12/20 Page 2 of 2 PageID #: 302

Respectfully submitted,

/s/ Christopher Wiest___________

Christopher Wiest (KBA 90725)
Chris Wiest, Atty at Law, PLLC
25 Town Center Blvd, Suite 104
Crestview Hills, KY 41017
859/486-6850 (v)
513/257-1895 (c)
859/495-0803 (f)
chris@cwiestlaw.com

/s/ Thomas B. Bruns____________

Thomas B. Bruns (KBA 84985)
Bruns, Connell, Vollmer, Armstrong
4750 Ashwood Dr., Ste. 200
Cincinnati, OH 45241
513-326-0274 (v)
tbruns@bcvalaw.com

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I certify that I have served a copy of the foregoing upon all Counsel of Record by filing same
with the Clerk, via CM/ECF, this 12 day of June, 2020.

/s/ Christopher Wiest___________

Christopher Wiest (KBA 90725)

2
Case 3:20-cv-00407-CRS Document 19-1 Filed 06/12/20 Page 1 of 1 PageID #: 303

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION

JASON NEMES, et. al. : Case No. 3:20-CV-407-CHB

v. :

CARL BENSINGER, et. al. :

ORDER GRANTING EMERGENCY MOTION TO INTERVENE BY KEISHA DORSEY

The Motion to Intervene by Keisha Dorsey is hereby GRANTED.

IT IS SO ORDERED:

_______________________________
Case 3:20-cv-00407-CRS Document 19-2 Filed 06/12/20 Page 1 of 6 PageID #: 304

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION

JASON NEMES, et. al. : Case No. 3:20-CV-407-CHB

v. :

CARL BENSINGER, et. al. :

VERIFIED INTERVENING COMPLAINT OF KEISHA DORSEY

Keisha Dorsey, by and through Counsel, provides this Intervening Complaint. Ms.

Dorsey hereby incorporates the entirety of Plaintiff’s Verified Complaint [RE#1] as if fully

incorporated herein. In addition, she adds the following allegations:

1. Plaintiff Keisha Dorsey is a duly elected Councilwoman for Louisville Metro,

representing Council District Three. Councilwoman Dorsey’s 3rd district includes the

Southwest portion of West Louisville and all of Shively, KY. West Louisville is

comprised of roughly sixty-one thousand residents, of that, eighty-two percent identify as

a minority. Shively, KY has Kentucky’s largest African American population per capita.

Fifty-one percent of Shively residents are African American according to a 2020 Road

Snacks analysis.1

2. Based on information provided to her by Grace Simrall (Louisville Metro’s Chief of

Civic Innovation), thirty percent of Louisville Metro’s households do not have internet

access. This is not only an access barrier but an information barrier.

3. In West Louisville, the number of households without internet access is greater ranging

between sixty and eighty percent. Non-digital based mechanisms like telephonic helps

lines are inaccessible and furthermore, Plaintiff Dorsey adds, traditional in-person

1 .(https://www.roadsnacks.net/most-african-american-cities-in-kentucky/).
1
Case 3:20-cv-00407-CRS Document 19-2 Filed 06/12/20 Page 2 of 6 PageID #: 305

mechanisms like Libraries and Community Centers which serve as information and

access hubs in the predominately low income and African American communities have

temporarily closed due to COVID-19.

4. Ms. Dorsey and other Louisville African American community activists anticipate a

significant African American turnout on primary election day in the Democratic Primary

because of the excitement of the United States Senate race.

5. In her own Council District, she expects between 60% and 80% of voters not to vote in

person, and, based on historical practice, and a lack of information provided to those

voters, will show up in person, at their regular polling location. As a service to those

voters, Ms. Dorsey has been involved in recruiting volunteers to staff those regular

polling locations and directing voters on where they can go vote.

6. Ms. Dorsey anticipates that voters who present themselves at the normal polling locations

by 6:00 p.m. would need up to another hour and a half to obtain transportation to revised

polling locations.

7. Ms. Dorsey has obtained commitments from several hundred volunteers to work polling

locations if additional polling locations are opened, and, with two days’ notice, can obtain

even more. Furthermore, the Jefferson County Teacher’s Association has undertaken

efforts in the last couple days to obtain additional volunteers, with good success.

Because school has ceased for the school year, many of these teachers have volunteered

to serve as a poll worker.

8. Jefferson County Schools, by and through their Superintendent, have offered to open as

many of their schools as are necessary and have offered to work with Defendants to

implement any sanitary protocols as may be necessary to provide sanitary and reasonably

2
Case 3:20-cv-00407-CRS Document 19-2 Filed 06/12/20 Page 3 of 6 PageID #: 306

safe polling locations.

9. It is both possible and feasible to man and staff additional polling locations if they are

opened.

10. Each school that is opened can serve a set number of nearby primary election polling

locations. For instance, Western High School can serve as a collector point available to

voters that normally vote within a two-mile distance from that school.

11. Ms. Dorsey does not suggest that each additional polling location serve every single voter

in the entire county; but rather that they serve as collector points for the normal polling

locations that have been closed, that are nearby to these expanded in-person voting

options.

12. Ms. Dorsey and her volunteers would then direct voters on election day to these polling

locations.

13. The voters of Mrs. Dorsey’s district, including Mrs. Dorsey herself, will be

disproportionately impacted by the current challenged, inequitable and unfair practices,

mechanisms and operations.

14. Mrs. Dorsey is a U.S. citizen, an African American, and a registered voter and a

Democrat in Jefferson County and the Commonwealth of Kentucky.

15. Ms. Dorsey otherwise incorporates the entirety of Plaintiff’s Verified Complaint [RE#1]

as if fully incorporated herein.

WHEREFORE, Plaintiffs demand judgment against Defendants as prayed for, including:

A. That this Court issue a declaration that the single polling location in Jefferson, Fayette,

Kenton, Boone, and Campbell Counties (in addition to other large Kentucky counties) are

3
Case 3:20-cv-00407-CRS Document 19-2 Filed 06/12/20 Page 4 of 6 PageID #: 307

unconstitutional, in contravention of the First and Fourteenth Amendments of the United

States.

B. That this Court enter permanent and preliminary injunctive relief to prohibit the use of a

single polling location in Jefferson, Fayette, Kenton, Boone, and Campbell Counties (in

addition to other large Kentucky counties) in the 2020 primary election, and open

additional locations.

C. That Defendants expand the hours for in-person voting by 2 hours, to 8:00 p.m. in

Jefferson County and Fayette County, to allow time for those voters that show up to

existing polling locations by 6:00 p.m. to obtain public transportation to present

themselves at the revised polling places;

D. That Plaintiffs be awarded their costs in this action, including reasonable attorney fees

under 42 U.S.C. § 1988; and

E. Such other relief as this Court shall deem just and proper.

Respectfully submitted,

/s/ Christopher Wiest___________

Christopher Wiest (KBA 90725)
Chris Wiest, Atty at Law, PLLC
25 Town Center Blvd, Suite 104
Crestview Hills, KY 41017
859/486-6850 (v)
513/257-1895 (c)
859/495-0803 (f)
chris@cwiestlaw.com

/s/ Thomas B. Bruns____________

Thomas B. Bruns (KBA 84985)
Bruns, Connell, Vollmer, Armstrong
4750 Ashwood Dr., Ste. 200
Cincinnati, OH 45241
513-326-0274 (v)
tbruns@bcvalaw.com
Attorneys for Plaintiff

4
Case 3:20-cv-00407-CRS Document 19-2 Filed 06/12/20 Page 5 of 6 PageID #: 308

CERTIFICATE OF SERVICE

I certify that I have served a copy of the foregoing upon all Counsel of Record by filing same
with the Clerk, via CM/ECF, this 12 day of June, 2020.

/s/ Christopher Wiest___________

Christopher Wiest (KBA 90725)

5
Case 3:20-cv-00407-CRS Document 19-2 Filed 06/12/20 Page 6 of 6 PageID #: 309