Case 2:19-cv-05685-DWL Document 57 Filed 06/18/20 Page 1 of 3 1 2 3 4 5 Alexis E. Danneman (#030478) Sarah R. Gonski (# 032567) PERKINS COIE LLP 2901 North Central Avenue, Suite 2000 Phoenix, Arizona 85012-2788 Telephone: 602.351.8201 Facsimile: 602.648.7000 SGonski@perkinscoie.com ADanneman@perkinscoie.com DocketPHX@perkinscoie.com 6 7 8 9 10 11 12 13 14 Marc E. Elias* John Devaney* Amanda R. Callais* K’Shaani O. Smith* Zachary J. Newkirk* Christina A. Ford* PERKINS COIE LLP 700 Thirteenth Street NW, Suite 600 Washington, D.C. 20005-3960 Telephone: 202.654.6200 Facsimile: 202.654.6211 melias@perkinscoie.com jdevaney@perkinscoie.com acallais@perkinscoie.com kshaanismith@perkinscoie.com znewkirk@perkinscoie.com christinaford@perkinscoie.com 15 *Admitted pro hac vice 16 Attorneys for Plaintiffs 17 18 19 UNITED STATES DISTRICT COURT 20 DISTRICT OF ARIZONA 21 22 Voto Latino Foundation, Priorities USA, Shelby Aguallo, 23 24 25 26 27 28 Plaintiffs, v. Katie Hobbs, in her official capacity as Arizona Secretary of State, Defendant. No. 2:19-cv-05685-DWL NOTICE OF SETTLEMENT Case 2:19-cv-05685-DWL Document 57 Filed 06/18/20 Page 2 of 3 1 Plaintiffs Voto Latino Foundation, Priorities USA, and Shelby Aguallo 2 (“Plaintiffs”) and Defendant the Arizona Secretary of State (“Secretary”), pursuant to this 3 Court’s June 5, 2020 Order, Doc. 55, file the instant notice to inform the Court that they 4 have completed settlement negotiations and finalized a settlement agreement in this matter. 5 See Exhibit A (June 18, 2020 Settlement Agreement). 6 7 Dated: June 18, 2020 8 9 10 11 12 s/ Amanda Callais Alexis E. Danneman (# 030478) Sarah R. Gonski (# 032567) PERKINS COIE LLP 2901 North Central Avenue, Suite 2000 Phoenix, Arizona 85012-2788 13 14 15 16 17 18 19 20 21 Marc E. Elias* John Devaney* Amanda R. Callais* K’Shaani O. Smith* Zachary J. Newkirk* Christina A. Ford* PERKINS COIE LLP 700 Thirteenth Street NW, Suite 600 Washington, D.C. 20005-3960 s/ Kara Karlson Kara Karlson (#029407) Linley Wilson (#027040) Kara M. Karlson (#029407) Dustin Romney (#034728) 2005 North Central Avenue Phoenix, AZ 85004-1592 Mary R. O’Grady (#011434) Emma J. Cone-Roddy (#034285) OSBORN MALEDON, P.A. 2929 North Central Avenue, Suite 2100 Phoenix, AZ 85012-2793 Counsel for Defendant Arizona Secretary of State Katie Hobbs *Admitted pro hac vice Counsel for Plaintiffs 22 23 24 25 26 27 28 -2- Case 2:19-cv-05685-DWL Document 57 Filed 06/18/20 Page 3 of 3 1 2 3 CERTIFICATE OF SERVICE I hereby certify that on June 18, 2020, I electronically transmitted the attached document to the Clerk’s Office using the CM/ECF System for filing. 4 5 s/ Michelle DePass 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- Case Document 57-1 Filed 06/18/20 Page 1 of 8 Exhibit A Case Document 57-1 Filed 06/18/20 Sarah R. Gonski (Bar. No. 032567) Alexis E. Dannelnan (Bar. No. 030478) PERKINS COIE LLP 2901 North Central Avenue, Suite 2000 Phoenix, Arizona 8 5012-2788 Telephone: 602.351.8201 Facsrmile: 602.648.7000 SGonski@perkinscoie.com ADanneman perkinscoie.com DocketPHX perkinsooiecom Marc E. Elias* John Devaney* Amanda R. Callais* K?Shaani O. Smith* Zachary J. Newkirk* Christina A. Ford* PERKINS COIE LLP 700 Thirteenth Street NW, Suite 800 Washington, D.C. 20005-3960 Telephone: 202.654.6200 Facsnnile: 202.654.6211 melias@perkinscoie.corn jdevaney@perkinscoie.con1 acallais@perkinscoie.com kshaanismith@perkinscoie.com znewkirk@perkinscoie.com christinaford@perkinscoie.corn *Admz?ttedpro hac vice Attorneys for Plaintiffs Page 2 of 8 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Voto Latino Foundation, Priorities USA, and Shelby Aguallo, Plaintiffs, V. Katie Hobbs, in her of?cial capacity as Arizona Secretary of State, Defendant. No. SETTLEMENT AGREEMENT \DOoqQLn-D-mwb?I Case Document 57-1 Filed 06/18/20 Page 3 of 8 This Settlement Agreement is entered into as of June 18, 2020 (the ?Effective Date?) by and between Plaintiffs Voto Latino Foundation, Priorities USA, and Shelby Aguallo, and Defendant Katie Hobbs, in her of?cial capacity as the Secretary of State of Arizona (the ?Secretary?). All Plaintiffs and Defendant shall hereafter be referred to as the ?Parties.? The Parties hereby agree to settle the case based upon the following terms. RECITALS WHEREAS, on November 26, 2019, Plaintiffs initiated this action against the Secretary. Plaintiffs later ?led amended complaints. The Second Amended Complaint alleged that the Arizona law requiring that mail~in ballots be received by 7:00 pm. on Election Day to be counted, A.R.S. l6-548(A) (the ?Election Day Receipt Deadline?), violates the First and Fourteenth Amendments of the US. Constitution. The Second Amended Complaint alleged that the Election Day Receipt Deadline disproportionately affected Arizona?s Hispanic and Latino, Native American, and rural voters, and had disenfranchised more than 17,000 Arizona voters since 2008. WHEREAS, the Secretary denies that Arizona?s Election Day Receipt Deadline violates the First and Fourteenth Amendments and states that she and other Arizona elections of?cials have regularly engaged in voter education efforts as to the Election Day Receipt Deadline. As part of this Settlement Agreement and consistent with plans to address the projected increase in vote by mail for the 2020 election, the Secretary will increase voter education efforts relating to the Election Receipt Deadline, conduct additional voter education campaigns for all voters, including Latino and Native American populations, and facilitate additional opportunities for these voters to return their early ballots. WHEREAS, the Parties have negotiated in good faith and enter into this Settlement Agreement as an appropriate resolution of the claims in the Complaint. Accordingly, the Parties stipulate and agree as follows: Case Document 57-1 Filed 06/18/20 Page 4 of 8 BACKGROUND 1. Voto Latino Foundation is a nonpro?t organization that engages, educates, and empowers Latino communities across the United States. It works to ensure that Latinos are enfranchised and included in the democratic process. Voto Latino believes that the Election Day Receipt Deadline harms it by burdening and disenfranchising the voters Voto Latino seeks to support, among other harms. 2. Priorities USA is a 501(c)(4) non-pro?t organization that engages in voter~ centric progressive advocacy. Its mission is to build a sustainable in?astructure to engage Americans in the progressive movement by running a permanent digital campaign to persuade and mobilize citizens around issues and elections that affect their lives. Priorities USA works to help educate, mobilize, and turn out voters across the country, including in Arizona. Priorities USA believes that the Election Day Receipt Deadline harms it because it burdens and disenfranchises the voters Priorities supports through its work and contributions in Arizona, among other harms. 3. Shelby Aguallo is a U.S. citizen and registered Arizona voter whose ballot was not counted in the 2018 General Election because of application of the Election Day Receipt Deadline. 4. Katie Hobbs is the Arizona Secretary of State, sued in her of?cial capacity only. She is the Chief Elections Of?cer for Arizona, responsible for overseeing the voting process in Arizona. A.R.S. For example, the Secretary drafts the Arizona Election Procedures Manual (?Manual?), which establishes election procedures and administration across Arizona?s ?fteen counties. A.R.S. 16-452. The Manual is approved by the Governor and the Arizona Attorney General and carries the force of law. A.R.S. 16?45203). Arizona law also requires the Secretary, after consulting with county of?cials, to draft the Manual to ?achieve and maintain the maximum degree of correctness, impartiality, uniformity and ef?ciency on the procedures for early voting and voting, and of producing, distributing, collecting, counting, tabulating and storing ballots.? A.R.S. Case Document 57-1 Filed 06/18/20 Page 5 of 8 5. This action was brought by Vote Latino, Priorities USA, and Shelby Aguallo to vindicate First and Fourteenth Amendment rights related to voting. 6. The Secretary denies that the Election Day Receipt Deadline violates the First or Fourteenth Amendments to the federal Constitution. By agreeing to this Settlement Agreement, the Secretary seeks to serve Arizona?s citizens by complying with Arizona law; (2) increasing public awareness campaigns of the Election Day Receipt Deadline to encourage Arizona?s voters to return their mail ballots by the Deadline; and (3) facilitating additional opportunities for Latino, Native American, and other voters to return their early ballots. Additionally, the Secretary deems this Settlement Agreement to be in the public interest to reduce litigation costs to the public and to focus the Secretary?s resources and efforts toward ensuring that Arizona?s election procedures run smoothly amidst the pandemic. The terms of the Settlement Agreement are also in line with the types of preparedness efforts the Secretary has previously engaged in and plans to implement to ensure free, fair, and safe elections. DEFINITIONS 1. ?Election Day Receipt Deadline? means the 7:00 pm. deadline on Election Day for ballots to arrive at the County Recorder?s Office in order to be counted as identi?ed in A.R.S. 2. ?County Recorder? means the County Recorder of each of Arizona?s 15 counties, and includes all county election officials working in or in conjunction with their of?ces. 3. ?Procedures Manual? means the State of Arizona Elections Procedures Manual, which provides the rules related to voting and the conduct of elections. A.R.S. 16?452. The Secretary is required to develop the Procedures Manual in conjunction with the 15 County Recorders. Id. Once approved by the Arizona Attorney General and the Governor of Arizona, the Procedures Manual has the force of law. A.R.S. (C). Case Document 57-1 Filed 06/18/20 Page 6 of 8 4. ecretary? means the Arizona Secretary of State and her of?ce, as well as successors in office. SETTLEMENT AGREEMENT TERMS l. Voter outreach and education. While the Secretary already engages in voter outreach efforts about the Election Day Receipt Deadline, upon the Effective Date of this Agreement the Secretary shall increase those efforts. This additional outreach and education shall be conducted in English and in the languages covered under Section 203 of the Voting Rights Act Spanish, Navajo, and Apache). This outreach and education shall occur across multiple platforms and mediums, including, but not limited to, the Secretary of State?s website, the Secretary of State?s social media pages, and on future mailings from the Secretary to Arizona voters. The Secretary shall also engage in reasonable efforts to encourage each of Arizona?s County Recorders to increase their voter education efforts and outreach about the Election Day Receipt Deadline. 2. The Secretary of State?s website. Within 60 days after the Effective Date of this Settlement Agreement, the Secretary shall add to the of?cial Secretary of State?s website?iocated at page speci?cally dedicated to the vote by mail process that will include prominently featured information about the Election Day Receipt Deadline and general information about ballot drop-off options, including links to county websites listing drop box locations and other mail?ballot drop?off options. 3. Allocation of federal funding. The Secretary agrees to allocate a portion of funding from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, subject to legislative appropriation, or other available funding source for counties to expand early voting opportunities in Hispanic and Latino, Native American, and rural communities in Arizona. This will include ?nding for (1) mobile early voting units, which can serve as both early voting locations and drop?off points for mail ballots, (2) temporary staff hires who will be appropriately trained to staff early voting locations and mobile early voting units in rural communities with limited mail access, and who have language capabilities to match the communities in which they will be working, (3) an increased number of ballot Case ?2:19-cvl-05685-DWL Document 57-1 Filed 06/18/20 Page7of8 drop?boxes for mail ballots in rural, Hispanic and Latino, and tribal communities, and (4) an increased number of non-mobile early voting locations. To the extent that any funds have been distributed to counties as direct subgrants, the Secretary agrees to provide informal guidance to each county listing priorities for the funding. Such informal guidance will include a recommendation that each county consider the optimal number of drop-boxes, mobile early voting units, and early voting locations needed based on the county?s geography, population, and best practices. Plaintiffs intend to propose optimal guidance on these issues in consultation with Plaintiffs? experts, and the Secretary agrees to consider in good faith Plaintiffs? proposal in issuing this informal guidance to each county. 4. Elections Procedures Manual. The Secretary agrees to add a provision to the next revision of the Elections Procedures Manual directing counties to consult the informal guidance provided by the Secretary with respect to the allocation of drop-boxes, mobile early voting units, or other ballot drop-off locations outside of the county elections? of?ce and polling locations or vote centers. 5. Feasibility study on the implementation of a postmark deadline. Within 90 days after the Secretary?s official canvass of the November 3, 2020 General Election, the Secretary?s Office shall review available data regarding ballots that were received after Election Day in Arizona?s past three general election cycles and shall consult with local elections officials to discuss (1) the number of voters whose ballots were not counted because of the deadline over the past three general election cycles; (2) the policy implications associated with implementing a postmark deadline in lieu of Arizona?s Election Day Receipt Deadline; and (3) the feasibility of implementing a postmark deadline. In conducting this study, the Secretary?s Office shall also consider, inter alia: the cost of intelligent mail bar code readers; (2) any administrative burdens placed on election of?cials and logistical challenges in connection with a postmark deadline; (3) the various ways that other states have successfully implemented postmark deadlines; and (4) whether such factors support seeking a legislative change to Arizona?s Election Day Receipt Deadline. Case Document 57-1 Filed 06/18/20 Page 8 of 8 6. Dismissal of Claim. Upon the Effective Date of this Settlement Agreement, the Plaintiffs? claims will be dismissed with prejudice. 7. Standing to enforce Settlement Agreement. The only parties with standing or authority to seek enforcement of this Settlement Agreement are the parties to this agreement. No person or entity that is not a party to this Settlement Agreement may seek to enforce this Settlement Agreement as a third-party beneficiary. 8. Integration clause. The terms of this Settlement Agreement embody the Parties? complete and entire agreement with respect to the subject matter hereof. 9. Attorneys? fees and costs. The Parties shall bear their own attorney fees and costs related to the abovencaptioned matter, and no party shall be considered a prevailing party for the purpose of any law, statute, or regulation providing for the award or recovery of attorney fees and/ or costs. Dated: June 18, 2020 DocuSigned by: I . ruugcigaEFE?E?E'giaE' a. Katie be Voto Latino Dowsing, by. Arizona Secretary of State er ., ?51? Guy Cecil, Chairman Priorities USA DocuSigned by: SW1 [lg/Laue Sh 811333.043 1'15