Case 2:16-cv-03618-SPL Document 37 Filed 11/02/16 Page 1 of 4

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Kevin J. Hamilton (Wash. Bar #15648)

KHamilton@perkinscoie.com
(Admitted Pro Hac Vice)
Marc Erik Elias (D.C. Bar #442007)
MElias@perkinscoie.com
(Admitted Pro Hac Vice)
PERKINS COIE LLP
700 Thirteenth Street, N.W., Suite 600
Washington, District of Columbia 20005-3960
Telephone: 202.654.6200
Facsimile: 202.654.6211
DocketPHX@perkinscoie.com

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Sambo Dul (SBA #030313)

Alexis E. Danneman (SBA #030478)
Thomas D. Ryerson (SBA # 028073)
PERKINS COIE, LLP
2901 N. Central Avenue, Suite 2000
Phoenix, Arizona 85012-2788
Telephone: 602-351-8222
sdul@perkinscoie.com
adanneman@perkinscoie.com
tryerson@perkinscoie.com

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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Arizona Democratic Party and The Democratic

National Committee,

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Plaintiffs,

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No. 2:16-cv-03618-SPL
PLAINTIFFS MOTION TO
MODIFY THE RELIEF SOUGHT

v.
Michele Reagan, Secretary of State,
Defendant.

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In light of the very limited time remaining before the November 8, 2016 General

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Election (November 8 Election) and the urgent need to reach a resolution as to whether
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eligible voters who registered on October 11, 2016 may vote in the November 8 Election,

the Arizona Democratic Party and Democratic National Committee (collectively,

Plaintiffs) respectfully move to modify the relief requested in this litigation.

Plaintiffs Verified Complaint for Injunctive and Declaratory Relief (Doc. 1) and

Plaintiffs Emergency Motion for Temporary Restraining Order and/or Preliminary

Injunction (Doc. 2) requested that the Court order the Secretary of State (the Secretary

or Defendant) to effectively ensure that eligible voters who registered on October 11,

2016 will be allowed to vote a regular ballot in the November 8 Election. Defendant

insisted that complying with such an order would present severe, if not insurmountable

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challenges, specifically citing the resources that would be required to process and

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incorporate the additional voters into ePollbooks for Maricopa County and the fact that

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Coconino County had already printed their official precinct registers through an outside

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vendor. [Defendants Sur-Reply (Doc. 29) at 10] Though plaintiffs continue to question

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the actual severity of these alleged administrative burdens, and whether any such burdens

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outweigh the fundamental right to vote of thousands of Arizonans, in light of the fact that

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the election is now less than one week away, Plaintiffs are willing to modify the relief

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requested to alleviate the concerns raised by Defendants allegations.

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Accordingly, Plaintiffs now request this Court to order that:

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Defendant shall ensure that voters who registered on October 11, 2016 may vote a

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provisional ballot in the November 8 Election and that such provisional ballots will

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be counted upon confirmation that the voter registered on October 11 and is

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otherwise eligible to vote; and

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2.

Defendant shall notify all October 11 registrants that they may vote a provisional

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ballot in the November 8 Election by: (1) immediately mailing a notice (marked as

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Official Election Material, and identifying the voters assigned polling place) to

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such voters current residential address; and (2) immediately posting a prominent

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notice to this effect on Defendants website.

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Case 2:16-cv-03618-SPL Document 37 Filed 11/02/16 Page 3 of 4

While this modified relief does not fully vindicate the fundamental right to vote of

affected Arizonans, Plaintiffs believe the modified relief to be a reasonable compromise

given the urgency of time and as a good faith effort to address Defendants alleged

administrative concerns. The modified relief would eliminate the need to incorporate

eligible October 11 registrants into current precinct registers or ePollbooks. As such, the

modified relief would minimize, if not completely avoid, any interruption or delay to

current election preparations, while still enabling those who registered on October 11 to

cast a vote in the November 8 Election.

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Accordingly, Plaintiffs respectfully request the Court grant this Motion to Modify
the Relief Sought and grant the modified relief.

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Dated: November 2, 2016

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PERKINS COIE LLP

By: s/ Sambo Dul
Kevin J. Hamilton (Wash. Bar No. 15648)
(Admitted Pro Hac Vice)
Marc Erik Elias (D.C. Bar No. 442007)
(Admitted Pro Hac Vice)
PERKINS COIE LLP
700 Thirteenth Street, N.W., Suite 600
Washington, District of Columbia 20005-3960

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Sambo Dul (Bar No. 030313)

Alexis E. Danneman (Bar No. 030478)
Thomas D. Ryerson (Bar No. 028073)
PERKINS COIE, LLP
2901 N. Central Avenue, Suite 2000
Phoenix, Arizona 85012-2788

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NO. 2:16-CV-03618-SPL

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CERTIFICATE OF SERVICE

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I hereby certify that on November 2, 2016, I electronically transmitted the

attached documents to the Clerks Office using the CM/ECF System for filing.

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s/ Indy Fitzgerald

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NO. 2:16-CV-03618-SPL