In the United States Court of Appeals - Moritz …moritzlaw.osu.edu/electionlaw/litigation/documents/Frank371.pdf · In the United States Court of Appeals for the Seventh Circuit

Nos. 14-2058 & 14-2059

In the

United States Court of Appeals for the Seventh Circuit

RUTHELLE FRANK, et al.,

Plaintiffs-Appellees, v.

SCOTT WALKER, in his official capacity as Governor of State of Wisconsin, et al.,

Defendants-Appellants. ________________________________________________________________________________

LEAGUE OF UNITED LATIN AMERICAN CITIZENS OF WISCONSIN, et al.,

Plaintiffs-Appellees, v.

DAVID G. DEININGER, et al., Defendants-Appellants.

_______________________________________

On Appeal from the United States District Court for the Eastern District of Wisconsin, Nos. 2:11-cv-01128-LA & 2:12-cv-00185-LA.

The Honorable Lynn S. Adelman, Judge Presiding.

JOINT SUPPLEMENTAL APPENDIX OF ALL PLAINTIFFS-APPELLEES

VOLUME I OF II

KARYN L. ROTKER (Counsel of Record) LAURENCE J. DUPUIS AMERICAN CIVIL LIBERTIES UNION OF WISCONSIN FOUNDATION 207 East Buffalo Street, Suite 325 Milwaukee, WI 53202 Phone: (414) 272-4032 Email: [email protected] Email: [email protected]

Attorneys for Frank Plaintiffs-Appellees

CHARLES G. CURTIS, JR. ARNOLD & PORTER LLP 16 North Carroll Street Suite 620 Madison, Wisconsin 53703 Phone: (608) 257-1922 Email: [email protected]

Attorney for LULAC Plaintiffs-Appellees

(ADDITIONAL COUNSEL LISTED ON REVERSE SIDE)

COUNSEL PRESS · (866) 703-9373

PRINTED ON RECYCLED PAPER

JEREMY ROSEN NATIONAL LAW CENTER ON HOMELESSNESS & POVERTY 2000 M Street NW, Suite 210 Washington, DC 20036 Phone: (202) 347-3124 Email: [email protected]

NEIL A. STEINER DECHERT LLP 1095 Avenue of the Americas New York, NY 10036 Phone: (212) 698-3822 Email: [email protected]

CRAIG G. FALLS DECHERT LLP 1900 K Street NW Washington, DC 20006 Phone: (202) 261-3373 Email: [email protected] ANGELA M. LIU DECHERT LLP 77 West Wacker Drive, Suite 3200 Chicago, IL 60601 (312) 646-5816 Email: [email protected]

DALE E. HO SEAN J. YOUNG AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. 125 Broad Street, 18th Floor New York, NY 10004 (212) 549-2693 Email: [email protected] Email: [email protected]

Attorneys for Frank Plaintiffs-Appellees

PENDA D. HAIR JAMES EICHNER KATHERINE CULLITON-GONZÁLEZ LEIGH M. CHAPMAN ADVANCEMENT PROJECT 1220 L Street, N.W., Suite 850 Washington, D.C. 20005 Phone: (202) 728-9557 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected]

NATHAN D. FOSTER ARNOLD & PORTER LLP 370 17th Street, Suite 4400 Denver, Colorado 80202 Phone: (303) 863-1000 Email: [email protected]

JOHN C. ULIN (Counsel of Record) MARCO J. MARTEMUCCI ARNOLD & PORTER LLP 777 South Figueroa Street, 44th Floor Los Angeles, California 90017 Phone: (213) 243-4000 Email: [email protected] Email: [email protected]

DANIEL OSTROW ARNOLD & PORTER LLP 399 Park Avenue New York, New York 10022 Phone: (212) 715-1000 Email: [email protected]

CARL S. NADLER ETHAN J. CORSON ARNOLD & PORTER LLP 555 Twelfth Street, N.W. Washington, D.C. 20004 Phone: (202) 942-6130 Email: [email protected] Email: [email protected]

Attorneys for LULAC Plaintiffs-Appellees

i

TABLE OF CONTENTS TO JOINT SUPPLEMENTAL APPENDIX OF ALL PLAINTIFFS-APPELLEES

VOLUME I

Frank Exhibit 600, Expert Report of Matt A. Barreto, Rates of Possession of Accepted Photo Identification, Among Different Subgroups in the Eligible Voter Population, Milwaukee County, Wisconsin (April 23, 2012), date admitted: November 5, 2013 ..................................................... JSA-001 LULAC Exhibit 002, Declaration of Leland Beatty, (April 12, 2012), date admitted: November 6, 2013 ......................... JSA-079 LULAC Exhibit 202, Rebuttal Declaration of Leland Beatty, (June 20, 2012), date admitted: November 6, 2013 .......................... JSA-097 LULAC Exhibit 817, Declaration of Leland Beatty, (October 28, 2013), date admitted: November 6, 2013 ..................... JSA-105 LULAC Exhibit 68, Declaration of Lorraine C. Minnite, (April 19, 2012) date admitted: November 7, 2013 .......................... JSA-107 LULAC Exhibit 812, Supplemental Report by Lorraine C. Minnite, (October 23, 2013), date admitted: November 7, 2013 .............................................................................. JSA-134 LULAC Exhibit 873, Lorraine Carol Minnite Curriculum Vitae, date admitted: November 7, 2013 ..................................................... JSA-150

VOLUME II LULAC Exhibit 236, State of Wisconsin Government Accountability Board, “Obtaining a Wisconsin State ID Card for FREE,” date admitted: November 7, 2013 ......................... JSA-162 Frank Exhibit 412, GAB Flow Chart, date admitted: November 8, 2013 .............................................................................. JSA-164

ii

Frank Exhibit 578, Expert Report of Marc V. Levine, Racial Disparities, Socioeconomic Status, and Racialized Politics in Milwaukee and Wisconsin: An Analysis of Senate Factors Five and Six of the Voting Rights Act, (May 18, 2012, revised October 18, 2013), date admitted: November 8, 2013 .............................................................................. JSA-165 LULAC Exhibit 811, Declaration of Barry C. Burden, Ph.D., (October 23, 2013), date admitted: November 8, 2013 ..................... JSA-231 LULAC Exhibit 813, Barry C. Burden Curriculum Vitae, date admitted: November 8, 2013 ..................................................... JSA-251

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF WISCONSIN

BETTYE JONES, et al.,

Plaintiffs,

v.

JUDGE DAVID G. DEININGER, et al., (allsued in their official capacity),

Defendants.

Case No. 2:12-cv-00185-LA

DECLARATION OF LELAND BEATTY

Leland Beatty hereby declares as follows:

1. My name is Leland Beatty. I am a resident of Austin, TX. I am currently

employed by commercial and political clients as a statistical marketing consultant. Previously, I

served as general manager of Texas Rural Communities, Inc., a non-profit economic

development corporation, and as director of research at the Texas Department of Agriculture.

My resume is attached.

2. I have done extensive research on voting behaviors including minority

participation in Texas, Minnesota, New York and Wisconsin, including study of the impact of

photo identification requirements on the voting age population and on registered voters in Texas.

3. I have been asked to test the effect of Wisconsin voter identification requirements

by race, using individual-level data from voter registration, driver's license and state-issued

identification card records. This data was augmented with Census voting age population counts

Case 2:12-cv-00185-LA Filed 04/23/12 Page 1 of 18 Document 24

JSA-079

at the county and zip code levels, and with commercially obtained individual-level ethnicity

identification.

4. As explained below, my work primarily relies on data provided by the State of

Wisconsin, specifically by its Department of Motor Vehicles and its Government Accountability

Board. The State’s data show a disparate impact that is stark and clear , bearing out what earlier

analyses showed: minority voters are at a substantial disadvantage under Wisconsin’s voter ID

law, and the effect of that law imprints an unavoidable disparate impact on minority election

participation.

5. My opinions are based on technical and specialized knowledge that I have gained

from my education, training and experience and are developed based on widely accepted and

reliable quantitative social science methods.

I. Conclusions

6. Non-white Wisconsin residents will be significantly and adversely impacted by

the Wisconsin voter identification law. Non-White Wisconsin registered voters are significantly

less likely to possess a driver's license or state identification that matches their voter registration

data.

7. 9.5% of registered White voters do not have a matching driver's license or state

identification, compared to 15.8% of registered Asian voters, 16.2% of registered African

American voters, and 24.8% of registered Hispanic voters.

8. Overall, some 11.1% of Wisconsin registered voters do not have a matching

driver's license or state identification. African American registered voters are 1.7 times as likely

as White registered voters to be without a matching driver's license or state identification.

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Hispanic registered voters are 2.6 times as likely as White registered voters to be without a

matching driver's license or state identification.

9. Although African-American voters represent 5.3% of the registered voters in

Wisconsin, they constituted 7.8% of the registered voters who lack a driver’s license or a State

identification card. Although Hispanic voters represent 1.6% of the registered voters in

Wisconsin, they constituted 3.6% of the registered voters who lack a driver’s license or a State

identification card.

10. The number of registered voters without matching driver's license or state id is

large enough to change the outcome of many Wisconsin elections. For example, the number of

registered voters without matching driver's license or state id is larger than the vote margin that

decided the elections of the U.S. Senator, Governor, Attorney General, Secretary of State,

Treasurer, 3 of 8 Congressional districts, 9 of 17 State Senate districts, and 34 of 99 State

Assembly Districts. The deciding margin in some districts was less than 5% of the number of

registered voters without matching driver's license or state id. (See Tables 1 thru 4, attached at

end of document).

II. Data Sources

11. I worked with the following data sources in forming my opinions.

12. I obtained voting age population (VAP) data from the 2010 Census Redistricting

Data Summary File. The U.S. Census reports total Wisconsin voting age population to be

4,347,494.

13. I obtained driver's license (DL) and State issued identification card (State ID) data

from the Wisconsin Department of Motor Vehicles.

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14. Wisconsin Department of Motor Vehicles initially provided a county-level report

of the number of persons with either a driver’s license or a State ID. This report states 4,356,681

voting age Wisconsin residents possessed either driver’s licenses or State IDs.

15. Subsequently, WI DMV produced a list of all Wisconsin driver's license holders,

and a list of State ID holders. These files included, for each person with driver’s license or State

ID, thirteen variables:

1. Run Time Stamp (of administrative value only)2. First name3. Middle initial4. Last Name5. Gender6. Date of Birth7. Race8. Zip Code9. County name.10. Current DL or State ID number11. Date of issuance12. Date of expiration13. Current DL/State ID status

III. Methodology and Results

16. To determine which registered voters possessed a matching driver's license or

state identification, I created match strings from basic voter and driver's license/state

identification records, then counted the matches between the two files. Three different strategies

were used to qualify matches between registered voters and driver's license/state identification

holders: 1) If the voter's first name, last name, date of birth, residence county and zip code

uniquely matched the same information in a driver's license record; 2) if the voter's first name,

last and date of birth uniquely match the same information in a driver's license record; or 3) if the

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voter's last name, date of birth and zip code uniquely matched the same information in a driver's

license/state identification record, that voter was considered to have an identification match.

1. Creating Records That Allowed Me to Match Persons With WisconsinDriver’s Licenses or State Identification Cards With RegisteredVoters

17. I wanted to create data files that would allow me to match Wisconsin residents

who had either a Wisconsin driver’s license or a State identification card with registered

Wisconsin voters. To do that, I created the following data files.

a. Persons With Driver’s Licenses or State Identification Cards.

18. The Wisconsin Driver’s License list included 4,394,270 people, all with unique

identification numbers. I created a unique identity string (IDstring0) for each record, composed

of First Name, Last Name, Date of Birth, Gender, Ethnicity, County and Zip Code. In doing so,

I discovered that 13 DL holders had an identical Idstring0 with another person. I eliminated the

duplicate records.

19. The Wisconsin State ID list included 420,416 people, all with unique ID numbers.

A unique identity string (IDstring0) was created for each record, composed of First Name, Last

Name, Date of Birth, Gender, Ethnicity, County and Zip Code. Three State-ID holders had

identical IDstring0 with one other ID holder. I eliminated the duplicate records.

20. 112,397 State ID holders had matching identification numbers with persons in the

driver’s license file, and well as identical IDstring0. I considered these records to be duplicates

and eliminated them, leaving 308,016 unique State ID holders.

21. I then combined the driver’s license and State ID files into one list with 4,702,273

unique driver’s license or State ID holders (DL_ID).

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22. Finally, I deleted 133,836 persons who were under 18 years of age from the

combined driver’s license/State ID (DL_ID) list, leaving 4,568,437 voting age persons with DL

or State ID.

b. Persons Registered to Vote in Wisconsin

23. The Wisconsin Government Accountability Board, which oversees voter

registration, produced a complete list of 3,255,377 Wisconsin registered voters with 74 variables

for each voter. No race or gender identification variables are included in the voter registration

file. Each voter has a unique voter identification number.

24. Among the variables in the file were:

a. An administrative id numberb. First Namec. Middle Named. Last Namee. Name Suffixf. Date of Birthg. State IDh. Voter Registration Numberi. 13 Address variables, including variables for each address part, as well as theaddress parts combined into Address1 and Address2 variables.j. Zip Codek. Five voter status variables, including current status, status reason, applicationsource, application date and effective datel. 23 jurisdictional and district variables, including county, ward, assembly districts,court districts and municipalities.m. Phonen. Permanent Absenteeo. 22 election participation history variables1

1 The State ID field appears to be identical to the State ID field in the DL_ID file, and66.1% of registered voters have a State ID number. These voters uniquely match to specificDL_ID holders.

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2. Using These Data Files to Calculate the Percent of WisconsinRegistered Voters, By Race, With a Driver’s License or a StateIdentification Card

25. I next wanted to determine how many of the individuals in the Wisconsin

registered voter files I could match to those in the file of individuals who had a Wisconsin

driver’s license or State ID. By eliminating the individuals for whom I could make this match, I

would identify the Wisconsin registered voters who did not have a driver’s license or a State ID.

a. Creating Sub-Files to Compare

26. I started by sorting the data in both the voter registration file and the combined

driver’s license/state ID file (DL_ID) into three sub-files of data. The first sub-file (IDstring1)

identified individual in both sets of files (voter registration and combined driver’s license/State

ID (DL_ID) by their first name, last name, date of birth, county and zip code data. This data sort

uniquely identified 99.9% of registered voters, and 99.9% of DL_ID holders.

27. The second sub-file of data (IDstring2) identified individuals in both the voter

registration data and the combined driver’s license/State ID file (DL_ID) by their first name, last

name and date of birth. This string uniquely identified 99.7% of registered voters, and 99.9% of

DL_ID holders.

28. The third sub-file of data (IDstring3) identified individuals in both the voter

registration data and the combined driver’s license/State ID file (DL_ID) by their last name, date

of birth and zip code. This string uniquely identified 99.4% of registered voters, and 99.5% of

DL_ID holders.

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b. Running the Comparison

29. I then did three rounds of comparisons. Individuals who appeared in the voter

registration data but could not be matched to the driver’s license/State ID data after all three

rounds of comparison represent registered voters who have neither a Wisconsin driver’s license

nor a Wisconsin state identification card.

30. First Round Match. The first round of matching I conducted was based on the

sub-file that identified individuals in both the voter registration and combined driver’s

license/State ID (DL_ID) by their first name, last name, date of birth, county and zip code data.

(IDstring1).

31. 1,209 registered voters (0.04%) had an identical IDstring1 with at least one other

voter. I eliminated these duplicate entries. I eliminated these duplicate entries. Only 2 persons

in the DL_ID file had identical IDstring1 with another DL_ID holder. I also eliminated these

duplicate entries.

32. 71.8% of registered voters matched at least 1 DL_ID record on IDstring1, or

2,338,535 voters, leaving 916,505 voters unmatched.

33. Second Round Match. I next attempted to match the 916,505 registered voters

that I did not match in the first round using the second data sub-file that was based on individuals

in both the voter registration data and the combined driver’s license/State ID file (DL_ID) by

their first name, last name and date of birth (IDstring2).

34. Of the 916,505 registered voters unmatched after the IDstring1 comparison, some

99.9% (915,362) had a unique IDstring2. I eliminate the duplicate records.

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35. 2,230,887 DL_ID holders were unmatched after IDstring1. 99.99% (2,230,584)

had a unique IDstring2. I eliminated the duplicate records.

36. In the second round match based on IDstring2, some 483,709 voters matched

IDstring2 with at least one DL_ID holder.

37. After this second round match process, some 87% of registered voters had

matched at least 1 DL_ID holder, leaving 432,796 registered voters unmatched with an entry in

the driver’s license/State ID data.

38. Third Round Match. My final effort to match registered voters with an

individual identified in the combined driver’s license/State ID data was based on the sub-file of

data including individuals in both the voter registration data and the combined driver’s

license/State ID file (DL_ID) by their last name, date of birth and zip code (IDstring3).

39. 99.6% of registered voters unmatched after IDString2 had a unique IDstring3. I

eliminated the duplicates.

40. 1,747,520 DL_ID holders remained unmatched after IDstring2, and 99.6% of

DL_ID holders unmatched after IDstring2 had a unique IDstring3.

41. 76,283 voters matched on IDstring3, leaving 356,512 voters (10.95%) unmatched

to a DL_ID holder.

3. Identifying the Race of the Un-matched Individuals in the VoterRegistration Data.

42. The individuals in the voter registration data that I was unable to match to a

driver’s license or a State ID after three rounds of trying represent registered Wisconsin voters

who have neither a driver’s license or a State identification card.

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43. I submitted the 356,512 unmatched voters—registered voters that I could not

uniquely match to a driver’s license or a voter identification card—to Ethnic Technologies, a

company that maintains proprietary data on race and ethnicity. One of the services Ethnic

Technologies offers is the ability to identify the race of individuals based on identifying data such

as that contained in the Wisconsin voter registration data.2

44. Ethnic Technologies was able to identify the race of 91.6 percent of the

“unmatched” voters –those who are registered to vote in Wisconsin but who lack a driver’s

license as demonstrated by my inability to match them in the driver’s license/State ID file

(DL_ID).

45. The end result of my work is summarized in the following table:

2 I also submitted to Ethnic Technologies some 3,650 entries from the voter registration data filewere not “unique” records because they had multiple matches in the driver’s license/State ID file(DL_ID). My hope was that by identifying these entries based on race, I could isolate uniqueentries. This was successfully in only a small number of entries. Where it was successful, Iadded the “unmatched” entries to my calculation of registered voters who lack either driver’slicense or a State identification card.

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RaceASIAN 37,597 1.2% 5,929 1.6% 15.8%BLACK 172,251 5.3% 27,938 7.8% 16.2%HISPANIC 51,974 1.6% 12,879 3.6% 24.8%INDIAN 15,519 0.5% 872 0.2% 5.6%OTHER 32,373 1.0% 32,373 9.0% 100.0%WHITE 2,945,663 90.5% 280,396 77.8% 9.5%Total 3,255,377 100.0% 360,387 100.0% 11.1%

Registered Voters by Race, With Count Not Matching Driver's License or State ID, andRace Share Without Matching Driver's License or State ID

RegisteredVoters

Share of AllVoters

Voters WithoutMatching Driver'sLicense or State

ID

Share of AllUnmatched

Voters

Share of RaceWithout

Matching Driver'sLicense or State

ID


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IV. The Results of My Work are Consistent With Prior Research

46. Disparate effects by ethnicity, age and education status from requirements to

produce driver's licenses and state-issued identification were documented in a 2005 study by

John Pawasarat, Director of the Employment of Training Institute at the University of Wisconsin-

Milwaukee. (Pawasarat, Employment and Training Institute, Univeristy of Wisconsin-

Milwaukee, June 2005)

47. Pawasarat's study was based on complete data on all driver's license holders in the

State of Wisconsin, provided by the Wisconsin Department of Transportation, as well as

complete statewide counts of persons with state id cards. This data allowed Pawasarat to

compare counts of persons with driver's licenses by county and zip code, broken out by age,

gender and ethnicity, with counts of voting age Wisconsin residents from the United States

Census.

48. Pawasarat concluded, “Minorities and poor are the most likely to have driver’s

license problems,“ with African Americans and Latinos almost four times as likely as whites to

be without a valid driver’s license. Statewide, 55% of African-American males and 46% of

Latino males lack a driver’s license, compared with 16% of White males.

49. Among females, 49% of African-Americans, 59% of Latinas, and 17% of Whites

lacked a driver’s license.

50. Minority young adults ages 18-24 are impacted even more severely. Pawasarat

documented that 78% of young African American males and 66% of young African American

females did not have driver’s licenses at the time of his study, compared to 43% of young White

males and 31% of young White females.

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51. Among young Latinos 57% of males and 63% of females did not possess valid

driver’s licenses.

52. Statewide, 167,687 African Americans and Latinos were found to be without a

driver’s license in 2002, or 4% of the voting age population. Many Wisconsin elections are

decided by margins no larger than this, including the 2010 Secretary of State contest.

53. Pawasarat concluded that the number of African Americans without driver's

licenses would continue to grow over time.

54. A number of studies conducted in other states also found that photographic voter

identification laws created disparate impact by ethnicity.

55. “The Disproportionate Impact of Indiana Voter ID Requirements on the

Electorate” by Barreto, et al determined that in Indiana 17.5% of registered voters with annual

incomes under $40,000 did not possess qualifying identification, compared to 11.2% of

registered voters with annual incomes over $40,000. 2 In Wisconsin, only 38% of white persons

have incomes under $40,000, while 68% of African Americans and 55% of Latinos have

incomes under $40,000. Minority voters in Wisconsin are significantly impacted by income

disparity, according to the U.S. Census, which means they are significantly more likely to be

without acceptable identification for voting.

Wisconsin Household Income Group Share by Ethnicity

Income Group WhiteAfrican

American LatinoUnder $40,000 38.4% 68.0% 55.4%$40,000 and Over 61.6% 32.0% 44.6%

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56. Barreto's estimates, if applied to Wisconsin, would mean that African Americans

are 14% more likely than Whites to be without acceptable voting identification, and Latinos are

8% more likely.

57. Most research shows additional disproportionate impacts on minority voters.

Barreto, et al, discovered that 18.1% of minority voters in Indiana did not possess acceptable

photo identification, compared to only 11.5% of white voters.

58. From a study of Georgia registered voters, M.V. Hood III and Charles S. Bullock

III of the University of Georgia concluded that minority voters are almost twice as likely to be

disenfranchised by photo identification requirements as were white voters.3

59. In “Voter IDs Are Not the Problem: A Survey of Three States,” Pastor, et al

discovered that African American voters in three states were almost 2.5 times as likely to be

without acceptable photo identification as white voters. 4

60. The table below shows estimates from all three studies of the share of the voting

age population without acceptable id for voting, by race.

Share Without Acceptable Voter ID: Three Studies

Ethnicity

HoodStudy

(Georgia)

Pastor Study(Indiana, Maryland and

Mississippi)Barreto Study

(Indiana)African American 6.8% 2.2% 18.1%Latino 7.3% Not Calculated Not CalculatedWhite 3.7% 0.9% 11.5%Other/Missing 4.9% Not Calculated Not Calculated

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61. I declare under penalty of perjury that the foregoing is fiue and correct. Executed

on April 22,2012 in Austin, Texas.

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Tables 1 thru 4: 2010 General Election Statewide, Congressional and Legislative ContestsDecided by Margin Smaller than Number of Registered Voters Without Matching ID

Table 1: Statewide Offices

Table 2: Congressional Districts

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ContestGovernor 360,155 124,638 2.9AG 360,155 330,711 1.1SecState 360,155 21,948 16.4Treasurer 360,155 142,852 2.5US Senate 360,155 105,041 3.4

Statewide Offices, Registered Voters Without Matching State ID Comparedto 2010 Election Margin

Registered VotersWithout MatchingDriver'sLicense/State ID

2010 GeneralElection VoteMargin

Ratio of RegisteredVoters WithoutMatching Driver'sLicense or State IDto 2010 GeneralElection Margin

ContestCongressional District 3 43,064 9,542 4.5Congressional District 7 43,648 19,533 2.2Congressional District 8 41,604 25,352 1.6

Congressional Districts, Registered Voters Without Matching State IDCompared to 2010 Election Margin





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Table 3: State Senate Districts

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ContestState Senate 3 10,059 8,605 1.2State Senate 5 11,791 3,150 3.7State Senate 7 13,164 607 21.7State Senate 15 9,893 9,737 1.0State Senate 21 10,650 3,106 3.4State Senate 23 9,881 5,073 1.9State Senate 25 11,725 1,583 7.4State Senate 29 8,672 2,898 3.0State Senate 31 10,266 403 25.5

State Senate Districts, Registered Voters Without Matching State IDCompared to 2010 Election Margin





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Table 4: State Assembly Districts

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ContestAssembly 1 4,277 4,060 1.1Assembly 5 4,358 3,451 1.3Assembly 7 3,788 3,126 1.2Assembly 15 3,593 387 9.3Assembly 20 4,427 1,341 3.3Assembly 26 3,237 151 21.4Assembly 28 3,577 3,136 1.1Assembly 36 3,618 3,435 1.1Assembly 37 2,856 1,013 2.8Assembly 42 2,309 287 8.0Assembly 43 3,659 1,001 3.7Assembly 44 2,746 515 5.3Assembly 45 3,488 1,519 2.3Assembly 47 4,313 3,670 1.2Assembly 49 3,310 2,540 1.3Assembly 51 2,494 891 2.8Assembly 54 3,345 2,797 1.2Assembly 57 3,636 1,006 3.6Assembly 62 3,708 1,883 2.0Assembly 68 2,966 92 32.2Assembly 70 3,288 1,717 1.9Assembly 71 3,739 3,035 1.2Assembly 72 2,877 1,069 2.7Assembly 73 4,066 2,503 1.6Assembly 74 3,998 1,301 3.1Assembly 75 3,661 415 8.8Assembly 77 6,978 4,380 1.6Assembly 80 2,989 1,302 2.3Assembly 85 3,167 1,838 1.7Assembly 88 4,057 267 15.2Assembly 90 3,585 3,137 1.1Assembly 91 4,423 3,375 1.3Assembly 92 2,854 312 9.1Assembly 94 4,412 4,211 1.0

State Assembly Districts, Registered Voters Without Matching State ID Comparedto 2010 Election Margin



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Leland BeattyPredictive Analytics1103 Upland Drive.Austin, TX 78741(512) 619-8732

[email protected]

Employment

1/00-present Consultant, Predictive Analytics and Business Process. Austin, TXVoter Participation and Preference Modeling

Highly accurate predictive modeling. In the past four election cycles, actual resultsvaried less than 2% from predicted results. This information advantage has consistentlyhelped candidates win against much better funded opponents. Services include innovativelow-cost polling, detailed market segmentation, and integration with campaign resources,including budgeting, message, canvas, mail and phone programs, and media buying.

Marketing Planning and Management Create targeted marketing plans based on data mining analysis of complex consumerdata. Product includes detailed market segments with strategies and metrics for each segment.Clients include national big-box retailers, insurance marketers and direct mail vendors.

6/89-12/99 Texas Rural Communities, Inc. Austin, TXGeneral ManagerHighlights: Created adult continuing education programs, including a farm financial management training

program which became a requirement for all Texas farmers seeking a federal farm loan. Deliveredprogram via community colleges and the Internet. Customer satisfaction levels topped 90% in acourse expected to be unpopular

Operated a grant program targeting rural, minority children which funded innovative socialprograms, such as heritage-based mentor programs for at-risk rural minority children.

Investment fiduciary for Heartland Lloyds, a start-up insurance company targeted to the insuranceneeds of underserved rural counties; served on Heartland’s Board of Directors for five years

Operated an active small business loan and technical assistance program Managed operations of five endangered Texas state parks. Tripled income and reduced deficits by

50% in two years Created a set of private-industry tourism promotions that increased revenues of participants by

more than 33% in first season.

5/83-5/89 Texas Department of Agriculture Austin, TXDirector, Farmer Assistance Programs Created and delivered programs to increase income and provide legal and mental health assistance

to farmers and other rural businesses during the worst agricultural economic downturn since theGreat Depression

Led staff of 6 to 12 researchers and program specialists Producer for Willie Nelson’s FarmAid II Primary speechwriter for Agriculture Commissioner Jim Hightower

3/80-5/83 Sweetwater Reporter Sweetwater, TXManaging Editor of award-winning daily newspaper serving 17,000 subscribers

9/77-5/79 Weslaco Independent School District Weslaco, TXBilingual Teacher for migrant high schoolers with English language skills at primary levels

Education The University of Texas at Austin, McCombs School of BusinessMaster of Business Administration

Columbia University, New York, New YorkBachelor of Arts in Literature, History and Art History


JSA-096

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF WISCONSIN

BETTYE JONES, et al.,

Plaintiffs,

v.

JUDGE DAVID G. DEININGER, et al., (allsued in their official capacity),

Defendants.

Case No. 2:12-cv-00185-LA

REBUTTAL DECLARATION OF LELAND BEATTY

Leland Beatty hereby declares as follows:

1. I previously submitted a declaration in this case that explained my analysis of

how the Wisconsin voter identification requirements impact different ethnic populations in

Wisconsin. See Declaration of Leland Beatty (dated Apr. 22, 2012) (“Beatty”). I submit this

Rebuttal Declaration to respond to the May 31, 2012 Declaration of M.V. (Trey) Hood III

(“Hood”).

A. Differences Between Our Identification of Individuals Without a CurrentDriver’s License or State Identification Card

2. Professor Hood used a different matching methodology and came up with a lower

percentage of Wisconsin registered voters who lack a driver’s license or state identification card

(“proper identification”). Specifically, my estimate is that 11.1 percent of Wisconsin registered

voters lack proper identification. Beatty ¶ 8. Professor Hood estimates that between 6.15


JSA-097

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percent and 9.34 percent of Wisconsin registered voters lack proper identification. See Hood, at

7 (Table 1).

3. When Professor Hood and I sought to match individuals appearing in the

Government Accountability Board’s (“GAB’s”) registered voter files with those appearing in the

State Department of Motor Vehicles (“DMV”) records of individuals with proper identification

based on first name, last name, and date of birth, our match rate was virtually identical. I found

that 86.78 percent of Wisconsin registered voters could be matched based on these variables.

Professor Hood found that 86.87 percent of Wisconsin registered voters could be matched based

on these variables. See Hood, at 7 (Table 1).

4. I estimated that 11.1 percent of Wisconsin registered voters—a total of 360,387

registered voters—lack a Wisconsin driver’s license or state identification card. Professor Hood

estimated that 6.15 to 9.34 percent—a total of between 200,069 and 306,894 registered voters—

lack such identification Accordingly, my estimate of registered voters differed from Professor

Hood’s estimate by somewhere between 160,318 registered voters (using Professor Hood’s 6.15

percent estimate) and 53,493 registered voters (using his 9.34 percent estimate). The differences

between our two estimates can be explained almost completely by two methodological

differences.

1. Individuals With Matching Driver’s License Numbers But Not Non-Matching Personal Identification Data

5. First, Professor Hood treated an individual as having proper identification if there

was a match between the drivers license number contained in the voter registration files and the

DMV files. In conducting this match, Professor Hood did not require that there be any match


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between the individuals’ name or date of birth. Accordingly, Professor Hood would treat as a

“match” a GAB record and a DMV record with the same drivers license number even if those

files were for people with different names or dates of birth. Indeed, because I treated as

“matched” GAB and DMV files reflecting the same name and date of birth, Professor Hood’s

methodology would make a difference here only for files that matched driver’s license numbers

but did not match names or dates of birth.1

6. To give one example, in the voter file State ID number

belongs to , born 1980, residing in Milwaukee County. In the

Driver’s License/State ID file, this state ID number is assigned to , born

1971, residing in Marinette County.

7. This methodological difference accounts for Professor Hood having treated 2.6

percent of Wisconsin registered voters—a total of 85,622 registered voters—as having proper

identification when I classified them as not having proper identification.

8. I am uncomfortable treating an individual as having proper identification simply

because they have a matching driver’s license number in GAB and DMV files if their names or

dates of birth do not match. The fact that their personal identification is different undermines any

confidence that this is really the same person.

1 I also treated as “matched” any registered voter if their Last Name, Date of Birth and Zip Codein the GAB registered voter file matched a unique record in the DMV’s driver's license and stateidentification card file. This produced a “match” for an additional 76,283 registered voters.Professor Hood treated all these voters as “matched” also I mention it here because my treatingthese voters as “matched,” because they did have a match for significant personal identificationdata, reduced the extent to which my estimate would have varied from Professor Hood’s had Inot treated these individuals as matched.

Redacted

Redacted Redacted

RedactedRedacted


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2. Driver’s License in the GAB Records But Not the DMV Records

9. The second main reason for a difference in my estimate as compared to Professor

Hood’s estimate is that Professor Hood treated an individual as having a Wisconsin driver’s

license or state identification number if there was a license or identification number in their GAB

files, even if there was not a record of that individual having a current driver’s license or state

identification at DMV. See Hood ¶ 12.

10. This methodological difference accounts for Professor Hood treating 3.3 percent

of Wisconsin registered voters—a total of 106,825 such voters—as having proper identification,

when I did not treat those voters as having proper identification.

11. Professor Hood seems to recognize that these individual do not really have a

current Wisconsin driver’s license. Instead, he states that they should be treated as having one

because: (a) an expired license can still be used to vote so long as it expired after the last general

election; and (b) “the fact that these registrants at one time were in possession of a driver’s

license or state ID card is an indication that they could obtain one again.” See Hood ¶ 12.

12. I believe it is more appropriate to treat these individuals as not having a

Wisconsin driver’s license or state identification card. At best, their card is expired and they are

thus impacted by the Wisconsin voter identification law. If they wish to continue voting in

Wisconsin, they will have to go through the steps of securing a new driver’s license or state

identification card.


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3. These Two Methodological Issues Explain Virtually the EntireDifference Between My Estimates and Professor Hoods

13. Between them, these three methodological issues result in Professor Hood treating

195,599 registered voters as having a Wisconsin driver’s license or state identification card that I

did not treat as having such identification. Since the maximum difference in our estimates was

198,578 registered voters (using Professor Hood’s “lower” estimate of 6.1 percent lacking proper

identification), these two methodological issues are responsible for 98.5% percent of the

difference between my estimate and Professor Hood’s estimate.

B. Even Using Professor Hood’s Methodology, It is Clear That the WisconsinVoter Identification Requirement Has a Disparate Impact on Non-WhiteVoters

14. Professor Hood’s analysis came up with a lower percentage of Wisconsin

registered voters who lack a Wisconsin driver’s license or state identification card. But Professor

Hood did not follow up to examine whether his lower estimate ultimately contradicts my

conclusion that non-white Wisconsin registered voters are significantly less likely to possess

these forms of identification.

15. Had Professor Hood done so, he would have found that his methodology confirms

my conclusion. I used his exact methodology, and then examined the race of those registered

voters lacking proper identification using the data from Ethnic Technologies discussed in my

original report. I found that 11.69 percent of non-white Wisconsin registered voters lack a

driver’s license or state identification card as compared to only 4.36 percent of white voters:


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16. Further, using Professor Hood’s methodology together with the race data from

Ethnic Technologies, I determined that African Americans and Hispanics are more than twice as

likely to lack proper identification

:

17. There is accordingly a significant disparity the percentage of non-white registered

voters who lack the identification required by the Wisconsin law whether one uses the matching

methodology endorsed by my original declaration or by Professor Hood.

C. Use of Ethnic Technologies

18. Finally, I note that Professor Hood expresses concern that I did not explain the

methodology that Ethnic Technology used to determine the race of the Wisconsin registered

voters who lack a Wisconsin driver’s license or state identification card.

19. It is a standard practice in the field of elections analysis to use a firm like Ethnic

Technologies to analyze the ethnic make-up of a particular group of voters. This is particularly

important in well-integrated places such as Houston and Dallas, Texas, where Ethnic

Race Total

Non-Whi te 309,714 36,214 11.69%

Whi te 2,945,663 128,353 4.36%

Total 3,255,377 164,567 5.06%

Hood Match Scheme: Share Without DL_ID Match byWhite/NonWhite

No DL_IDMatch

Share WithoutMatch

Hood Match Scheme: Share Without DL_ID Match by Race

Race Total

African American 172,251 15,431 9.0%

Hispanic 51,974 5,035 9.7%

White 2,945,663 128,353 4.4%

Other/Unknown 84,601 15,431 18.2%

No DL_ID

Match

Share Without

Match


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- 7 -

Technologies match work has made significant differences in my work. To my knowledge there

are only two firms in the country that provide this sort of information (the other being CPM

Technologies) and Ethnic Technologies has the reputation of being the more reliable.

20. Ethnic Technologies determines the race of voters based on an analysis of

surnames, as well as by “geocoding,” an analysis of where an individual lives and whether their

neighborhood location helps identify their ethnicity.2 There is an extensive body of academic

literature that confirms the accuracy of the methods the firm uses.

21. In 2007, before Ethnic Technologies implemented its newest version of first-name

analysis, the National Cancer Institute commissioned a study that examined Ethnic Technologies’

methodology that concluded Ethnic Technologies methodology was highly accurate but likely

under-identified African Americans. See Triangulating Differential Nonresponse by Race in a

Telephone Survey, by DeFrank, Bowling, Rimer, Gierisch, and Skinner, Preventing Chronic

Disease, Vol. 4 No. 3, July 2007. Other scholarly articles that confirm that accuracy of Ethnic

Technologies’ methodology include: (1) Mateos, P. (2007), A review of name-based ethnicity

classification methods and their potential in population studies, Population Space Place, 13:

243ñ263. doi: 10.1002/psp.457; (2) Mateos, P., Webber, R. & Longley, P (2006) How

segregated are name origins? A new method of measuring ethnic residential segregation, in:

Priestnall, G and Aplin, P, (eds.) Proceedings of the 14th GIScience Research UK Annual

Conference (GISRUK 2006). (pp. 285 - 291) University of Nottingham: Nottingham, UK; and

2 Ethnic Technologies has a detailed explanation of its methodology for determiningethnicity on its website. See http://www.ethnictechnologies.com.


JSA-103

(3) Onomastics and lts Uses, Joel T. Rosenthal, Journal of Interdisciplinary History, Summer

2005, Vol. 36, No. I , P4ges 57-62.

22. I declare under penalty of perjury that the foregoing is true and correct. Executed

on June 20.2012 in Austin Texas.

-8


JSA-104

Declaration of Leland Beatty

1. My name is Leland Beatty. I am a resident of Austin, TX. I have previously submitteddeclarations in this case which detailed a match between the Wisconsin voter registrationdatabase and the Wisconsin driver's license and state ID databases, which demonstrated thatWisconsin minority voters are at a substantial disadvantage under Wisconsin's voter ID law, andthat the effect of that law imprints an unavoidable disparate impact on minority electionparticipation.

2. I have been asked to match the current Wisconsin voter registration database and the currentWisconsin driver's license and state ID databases to determine if there has been a substantialchange in the disparate adverse impact on minority voters.

Conclusions

3. Current data support the prior conclusions that Non-White Wisconsin residents will besignificantly and adversely impacted by the Wisconsin voter identification law, as well as theother conclusions presented in the prior declarations. Non-White registered voters aresignificantly less likely to possess a driver's license or state identification that matches theirvoter registration data.

4. Hispanic voters are 2.3 times as likely as White voters to not possess a matching driver's licenseor state ID; Asian voters 1.5 time as likely as White voters; and African American voters 1.4times as likely as White voters.

Methodology

5. I used the same process and methods detailed in my earlier declarations, adding a match basedon first name, middle initial, last name and date of birth, as well as attempting to match variouscombinations of first and last names which include multiple words.

6. 317,735 registered voters did not match a driver's license or state ID. These voter record weresubmitted to Ethnic Technologies, a company that maintains proprietary data on race andethnicity, to identify the race of individuals based on identifying data contained in theWisconsin voter registration database.

7. I have worked with Ethnic Technologies data on many occasions in the past, and have foundtheir work to be reliably accurate on each occasion. I have had the opportunity to review theonomastic research on which their methods are based, and have found the research to stronglysupport the Ethnic Technologies methodology. For these reasons, and as I explained more fullyin the Reply Declaration of Leland Beatty that I submitted back in April, 2012, I am confidentusing their work product in both my marketing and political work.

8. 295,796 submitted voters were returned from Ethnic Technologies with race identification(93.1%). Race for 21,939 voters could not be determined.

JSA-105

9. The end result of my work is summarized in the following table:

License and State lD Records, bv Race

Race fotalVoten

TotalVotersMatchd to

DL / lD Record

Iotal UnmatcheCtoDL/lD

Recod, Rmeklentified

share ofRace

WthoutMatchirgu_/tD

ASIANBLACKHISPANIC

INDIAN

WHTTE

Total

4,31(199,39t

62,49t17,9?

3,049,61f

3,373,741

38,91S

176,51(

50,49{16,79i

2,7U5,21t3,077,951

5,391

n,g7s11,9W

1,13i2V,391295,79€

12.20/t

11.501

19.20i(

6.3oi8.301

8.8%

10. I declare under penalty of perjury that the forgoing is true and correct. Executed on October 28,2013 inAustin. Texas.

JSA-106


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JSA-133

SUPPLEMENTAL REPORT BY LORRAINE C. MINNITE

1. This declaration updates my April 2012 expert report in this case1 in light of voterfraud allegations that surfaced in Wisconsin during the 2012 election. Since writing myoriginal expert report, I have served as an expert witness in another voter identificationcase, Applewhite, et al. v. Commonwealth of Pennsylvania, Commonwealth Court ofPennsylvania No. 330 CD 2012, submitting two expert reports and testifying at trial.

2. While the specter of voter fraud remained an issue in the media, I find noevidence of fraud that would undermine the findings of my original report, whichconcluded that “…stringent photo identification requirements to vote are not justified byclaims that such requirements are needed to reduce or prevent voter impersonation formsof election fraud because as the empirical record makes clear, fraud committed by voterseither in registering to vote or at the polls on Election Day is exceedingly rare.”2

3. To assess the nature of voter fraud allegations made in Wisconsin during the 2012election, I researched and analyzed the following:

717 newspaper articles covering the period, January 1, 2008 to September 20,2013, from the (Madison) Capital Times, the Milwaukee Journal-Sentinel, theWisconsin State Journal, the (Waukesha) Freeman, the Associated Press StateWire for Wisconsin, the Washington County Daily News, the Superior Telegram,the Milwaukee Examiner, the (Cedarburg) News Graphic, the La CrosseExaminer, the Oconomowoc Enterprise, the Janesville Gazette, and video fromFox 6 WITI; articles were obtained via a search of Newsbank (Access WorldNews Database), 183 were relevant;

all news releases by the Wisconsin Attorney General’s Office, from January 2011to October 2013 (N=938); and any additional news releases pre-dating January2011, related to the “Election Fraud Task Force” initiative;

criminal complaints for election fraud and summaries for cases filed by theWisconsin Attorney General’s Office and the Milwaukee County DistrictAttorney’s Office following the 2008, 2010, and 2012 elections;

decisions of Wisconsin state courts and associated court documents concerningAct 23 (specifically, the Dane County Circuit Court, and Wisconsin Court ofAppeals decisions and documents including briefs and transcripts in League ofWomen Voters v. Walker, and NAACP v. Walker);

1 Herein cited as Minnite Declaration, 2012.2 Minnite Declaration, 2012, p. 3.

JSA-134

2

documents created by and/or posted to the Wisconsin Government AccountabilityBoard website, produced by searching the site using the phrase ‘voter fraud’(N=20).

4. In 2008, the Attorney General announced a partnership with Milwaukee CountyDistrict Attorney John Chisholm in forming an “Election Fraud Task Force.” The TaskForce was described as a “multijurisdictional action team” of prosecutors, special agentsand police officers to focus law enforcement efforts in on detecting, investigating andprosecuting election fraud crimes in Milwaukee County. A Department of Justice newsrelease from September 17, 2008, explains how the Task Force would operate:

The Milwaukee District Attorney’s office, which has primary criminaljurisdiction, would remain the source for the intake of complaints. TheDistrict Attorney’s office will be primarily responsible for the initialscreening and prioritizing of complaints to determine which should bereferred for further investigation. Assistant Attorneys General willparticipate in this review

Upon referral, an investigative team comprising Department of Justice-Division of Criminal Investigation special agents and officers of theSpecial Investigation Unit of the Milwaukee Police Department officers[sic] will conduct the further investigation. Assistant Attorneys General inthe Department of Justice and prosecutors in the Milwaukee CountyDistrict Attorney’s office will provide legal advice and guidance to theinvestigators as requested.

Upon the completion of the investigation, representatives of theMilwaukee County District Attorney’s office and the Department ofJustice will review the investigation’s results.3

5. In time for the next federal election two years later, the Attorney Generalexpanded the Election Fraud Task Force to eleven more counties, including DaneCounty, La Crosse County, Marathon County, Racine County, Outagamie County,Brown County, Waukesha County, Washington County, Sheboygan County, WinnebagoCounty and Kenosha County. According to a July 29, 2010 news release from theWisconsin Department of Justice, “The expanded Task Force will continue to develop

3 Wisconsin Department of Justice, “Milwaukee County Elections Fraud Task ForceEstablished by Attorney General Van Hollen and Milwaukee County District AttorneyChisholm,” News Release, September 17, 2008, accessed October 13, 2013,http://www.doj.state.wi.us/media-center/2008-news-releases/september-17-2008-1. Seealso, Larry Sandler, “Group to Examine Vote Fraud; Republican, Democrat Vow to SetPartisanship Aside in Creation of Task Force,” Milwaukee Journal Sentinel, September18, 2008.

JSA-135

3

and share information, resources, tactics and strategy regarding matters involving electionintegrity and the enforcement of Wisconsin’s election laws.”4

6. As part of the Attorney General’s “election integrity efforts,” the WisconsinDepartment of Justice dispatched teams of assistant attorneys general and special agentsfrom the Division of Criminal Investigation to polling places across the state for the2008, 2010, and 2012 elections, including the special June 2012 Recall Election.

7. Between 2008 and 2013, as a result of the stepped-up law enforcement effortslead by the Attorney General, the Wisconsin Department of Justice and MilwaukeeCounty District Attorney charged 30 people, or approximately five people a year, withvarious violations related to election fraud. I was able to identify one additional case thatwas discovered as part of an identity theft investigation unrelated to the work of theElection Fraud Task Force (for a list of all 31 cases, see the appendix).5 Although 11other county district attorneys’ offices had joined the Task Force by the time of the 2010election, only Milwaukee County (or in seven cases, the Wisconsin Department ofJustice) appears to have obtained convictions for election fraud violations since 2008.6

8. According to public records accessed through the Wisconsin Circuit Court Accessonline records retrieval system,7 29 of the 31 people charged pleaded guilty. Over theroughly six years of stepped up enforcement efforts, there were three federal elections

4 Wisconsin Department of Justice, “Van Hollen Expands Election Integrity Task Force –11 District Attorneys Join Justice Efforts,” News Release, July 29, 2010, accessedOctober 13, 2013, http://www.doj.state.wi.us/media-center/2010-news-releases/july-29-2010.5 See, Bruce Vielmetti, “Illegal Vote Brings Prison Term,” Milwaukee Journal Sentinel,October 20, 2010.6 All of the 31 cases brought on charges of election fraud between 2008 and 2013 werefiled in Milwaukee County (see appendix). According to the minutes of a March 30,2009, open session of the Wisconsin Government Accountability Board, the boardreceived a report on election fraud presented by Shane Falk, Michael Haas, andMilwaukee County Assistant District Attorney Bruce Landgraf that “included results of astaff survey of Wisconsin district attorney’s regarding cases of voter fraud…” I have notbeen able to locate a copy of this report, however, an April 29, 2010, article by ChrisRickert in the Wisconsin State Journal states that the survey found “there were 63 fraudcomplaints in 14 counties during the [2008] election. Thirty-two of the complaints werein Milwaukee County, and 22 counties reported receiving no complaints…As of March2009, only seven of those complaints were still under investigation and six had gone tocourt. Of those six, one resulted in a felony conviction and the rest were still pending.”See Chris Rickert, “How Common Is Voter Fraud in Wisconsin?” Wisconsin StateJournal, April 29, 2010.7 See:http://wcca.wicourts.gov/index.xsl;jsessionid=572B9A5E15F909442E2D13EE4BAB3ACC.render6

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and more than two dozen elections for state offices in Wisconsin.8 In the three federalelections alone, more than 8.2 million ballots (8,212,683) were cast. The rate ofconvictions per vote cast in just these three federal elections is about 1 in 283,000,(.0000035). If we exclude from the aggregate vote totals those votes cast in countieswhose district attorneys did not participate in the Task Force, the rate more than doublesto .0000082, or one conviction per 121,000 votes. However, there were hundreds ofthousands of more votes cast in non-federal elections in Wisconsin over this period, andincorporating them into these calculations would drive the conviction-per-vote rate downconsiderably.

9. Ten, or one third of 31 defendants were charged with various violations that didnot implicate illegal votes9 (i.e., three of the 10 were not even charged with crimes, butrather, civil offenses10). The charges for these 10 people included falsifying registrationapplications (six people11) or petition signatures (three people who collected threeimproper signatures12), and in one case, falsely swearing about felon status in order toqualify as a Special Registration Deputy in Milwaukee, a condition of employment with acommunity group conducting a voter registration drive.13

10. The charges against the remaining 21 people casting illegal or improper votes canbe aggregated into four general categories of wrong-doing: voting by people who areineligible because of a felony conviction (or ‘voting by ineligibles’; 13 people14), votingin a wrong jurisdiction or ward (four people15), double voting (three people16), and votinganother person’s ballot (in this case, a deceased voter’s ballot; one person17) (see Table1).

11. Approximately 25 illegal votes were cast by these 21 people over the six-yearperiod, with one defendant voting in five elections in the Village of West Milwaukee

8 Results for local elections are not reported to the Wisconsin Government AccountabilityBoard, which collates and reports state and federal election results by county and ward.See, “Wisconsin Election Results” webpage of the Wisconsin GovernmentAccountability Board’s website, at http://gab.wi.gov/elections-voting/results.9 For the next several paragraphs, when I discuss groups or categories of defendantsamong the 31 cases under review, I will note defendants here by last name. Please seethe appendix for reference to the court case citation. The 10 defendants charged withviolations that do no implicate illegal votes are: Adams, Clancy, Haycock, L. Lewis,Mehling, Miles, Mucklin, Shepherd, Walton, and Wanasek.10 Haycock, Mehling, and Wanasek.11 Adams, Clancy, L. Lewis, Miles, Shepherd, and Walton.12 Haycock, Mehling, and Wanasek.13 Mucklin.14 Dean, Grady, Henderson, Johnson, D. Lewis, Maclin, Martinez, Morris, Pendleton,Rainey, Stephens, Toney, and West.15 Brown, DiGiorgio, Nawaz, and Uecker16 Gigowski, H. Gunka, S. and Gunka.17 Wroblewski.

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between April 2012 and April 2013, while maintaining residency in the City ofMilwaukee.18

12. The prosecution record suggests a disturbing racial pattern.19 Of the 31 peoplecharged with election fraud violations, 19 are African American (61 percent),20 11 arewhite (35 percent),21 and one is Hispanic (3 percent).22 All of the African American andHispanic defendants were charged with felony counts, and following guilty pleas, manyof them were sentenced to prison or jail, whereas only a quarter (27 percent) of the whites(three people)23 were charged with felony violations. Half of the other whites (fourpeople)24 were charged with misdemeanors or had felony charges reduced tomisdemeanors, and half (four people) 25 were charged with civil violations.

13. Two of the three whites charged with felony violations, a husband and wife whovoted twice in the 2008 election, once by absentee ballot and then at the polls, claimedthey made a mistake and were acquitted at trial.26 The third, a young man accused ofcasting two ballots in the 2008, resulted in a guilty plea and six month jail sentence with

18 Apartment leasing agreements obtained by investigators indicated the defendant,Leonard K. Brown, lived in West Milwaukee until 2008; he pleaded guilty to voting therefour years after he had moved out.19 In The Myth of Voter Fraud, I observed a similar pattern of racial targeting in theprosecution data produced by the federal government’s stepped up enforcement effortsagainst alleged voter fraud between 2002 and 2005. Fourteen of the 40 individual voterscharged over the three period were from Wisconsin, specifically, Milwaukee, and 13 ofthose individuals were racial minorities. See pp. 107-112.20 Adams, Brown, Clancy, Dean, Grady, Henderson, Johnson, D. Lewis, L. Lewis,Maclin, Miles, Morris, Pendleton, Rainey, Shepherd, Stephens, Toney, Walton, andWest.21 DiGiorgio, Gigowski, H. Gunka, S. Gunka, Haycock, Mehling, Mucklin, Nawaz,Uecker, Wanasek, and Wroblewski.22 Martinez. Race is listed on each criminal defendant’s summary case file in the publicrecords of the Wisconsin Circuit Court (see note 7). The case files note that, “thedesignation listed in the Race field is subjective. It is provided to the court by the agencythat filed the case.” The race of the accused in the four civil cases is not recorded in theircase file records, so I made judgments based on photographs posted on the defendants’Facebook accounts.23 Gigowski, H. Gunka, and S. Gunka.24 Haycock, Mucklin, Wanasek, and Wroblewski.25 DiGiorgio, Mehling, Nawaz, and Uecker.26 H. Gunka and S. Gunka. See, Bruce Vielmetti, “Couple Charged with Double VotingSay It Was Honest Mistake,” Milwaukee Journal Sentinel, May 2, 2008. See also, BruceVielmetti, “Couple Charged with Double Voting Say It Was Honest Mistake; They SayPress Releases Unfairly Link Them to ACORN,” Milwaukee Journal Sentinel, May 3,2010 and Bruce Vielmetti, “Voter Fraud Verdict: Not Guilty; Jurors Acquit Couple WhoCast 2 Ballots Each in 2008 Election,” Milwaukee Journal Sentinel, May 26, 2011.

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work release privileges.27 The 28-year old defendant told investigators that he hadrecently moved from Greenfield to Milwaukee to live with his mother, and gone back toGreenfield to vote after he was unable to register on Election Day in Milwaukee becausehe did not have proof of residency with him when he went to the polls. He said heprovided an old driver license to officials in Greenfield to confirm his identity, and wasabout to put his ballot into the ballot reading machine when a poll worker told him hewas in the wrong place. He doesn’t remember voting in Greenfield. He then went backto Milwaukee, collected his proof of residency, and went back to the polls to cast hisballot there. He eventually pleaded guilty to voting twice and said that he was not a partof any conspiracy, but rather that his judgment had been impaired by drugs and alcohol.28

14. Another white defendant who applied for, received, and voted his wife’s ballotafter she died of lung cancer in August 2008, was charged with a misdemeanor.29 Hepleaded guilty and was fined $500.30 Sympathetic news coverage may have helped hiscase. For example, once he was charged, the Milwaukee Journal Sentinel ran a reader’spoll asking whether the man, grief-stricken by the loss of his wife, should be chargedwith a crime.31 I found no other stories or media polls expressing such sympathy for thetravails of any of the African American or Latino defendants that may have caused themto mistakenly or wrongly cast an illegal vote.32 The white defendant in this case was theonly defendant among all 31 of those charged who actually cast another person’s ballot.

27 Gigowski.28 Bruce Vielmetti, “Milwaukee Man Gets Jail Time for Voting Twice in PresidentialElection,” Milwaukee Journal Sentinel, October 17, 2013.29 Wroblewski. See, Marie Rohde, “Charge Says Man Cast Dead Wife’s Vote,”Milwaukee Journal Sentinel, April 9, 2009.30 Marie Rohde, “Man, 64, Charged with Casting Dead Wife’s Vote,” Milwaukee JournalSentinel, April 8, 2009.31 Sharif Durhams, “Debating the Case of the Widow’s [sic] Absentee Ballot,”Milwaukee Journal Sentinel, April 9, 2009.32 For example, take the case of 21-year Endalyn Adams, the first person charged by theElection Fraud Task Force. Adams stated that she had gone to work for the CommunityVoters Project because she needed the $40 a day, and was raising her four youngersiblings while their mother was in jail. It turned out her mother was not in jail, but on therun from authorities after forfeiting $2,000 in bail for an arrest in Waukesha County on afugitive charge before she could be extradited to Tennessee where she was wanted oncharges of possession of marijuana with intent to sell and misdemeanor theft. Adamspleaded guilty to being a party to a crime of falsely procuring voter registration. She saidshe couldn’t meet the quota of 15 new voters a day to earn her $40, so she made upnames, addresses and driver’s license numbers. The complaint against her accused her ofsubmitting at least 27 phony registration applications. According to the MilwaukeeJournal Sentinel, the judge in her case “expressed skepticism that Adams appreciated theseriousness of her offense.” He later regretted staying the 15 month prison sentence hegave Adams, and told her, “’You are undercutting the faith in the electoral system. Whatyou did raises the question of how many others are there out there? It’s like a cockroach– if you see one, you know there are hundreds of others.’” See Marie Rohde, “Woman

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15. Moreover, whites who committed the same type of election fraud as AfricanAmericans were charged with misdemeanors where African Americans were chargedwith felonies. For example, one white defendant who was qualified as a SpecialRegistration Deputy by the Milwaukee Elections Commission in June 2008, so that hecould work on a voter registration drive, was ineligible for deputization because he wasserving a sentence for a felony conviction. He claimed he was confused about what theword “conviction” meant despite the fact that he had attended three years of college. Heregistered to vote, even though he was ineligible to register to vote for the same reason.Initially, he was charged with two felony counts, however, the charges were modified tomisdemeanors and his sentence of seven months in the House of Corrections for “caus[-ing] the Milwaukee Election Commission to appoint him as a special registration deputywhen he failed to qualify for that office,” was stayed.33 None of the African Americandefendants charged with registration fraud had their felony indictments modified tomisdemeanors. In fact, one who worked for ACORN collecting registration applications,and whose crime mostly consisted of submitting multiple registration applications for thesame already registered voters, received a sentence of ten months in the Wisconsin StatePrison system.34

16. Similarly, of the four people charged with voting in wards or towns where they nolonger lived, three are white, and all three were charged with civil violations and civilforfeiture ($100 fines) in Small Claims Court.35 The fourth, an African American whovoted at an old address was charged with five felony counts of illegal voting, one counteach for five different elections he voted in over a one year period (noted above).36 Thisman had moved five times over four years between his residency in West Milwaukee andMilwaukee. He said he voted in West Milwaukee because that was where he wasregistered to vote.37

17. The 29 (of 31) cases of election fraud successfully prosecuted in Wisconsinbetween 2008 and 2013 reaffirm the conclusion of my 2012 expert report in this case,that intentional voter fraud in Wisconsin is exceedingly rare. There was only one case ofvoter impersonation that may have been thwarted by Act 23, which requires that a form

Avoids Jail in Voter Fraud Case; But Story That Got Her Leniency Is Being Questioned,”Milwaukee Journal Sentinel, April 17, 2009.33 Mucklin. The defendant was additionally sentenced to four months in the House ofCorrections for the first charge of providing false information to an election official. Seecriminal complaint, Milwaukee DA Case Number 08XF7019, and State of Wisconsin v.Adam J. Mucklin, 2008, Case No. 2008CF005024.34 Clancy.35 DiGiorgio, Nawaz, and Uecker.36 Brown.37 The defendant has also been charged with double voting in 2012, however, he intendsto fight that charge in court, and is scheduled for a January 2014 trial. See, Vielmetti,“Milwaukee Man Gets Jail Time.”

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of identification be presented when obtaining an absentee ballot.38 I say “may have beenthwarted” because in this case, it is reasonable to assume that the bereaved husband hadaccess to his wife’s driver license or other form of acceptable ID and could have supplieda copy when applying for her absentee ballot. The deceased woman just happened to bea long time political activist and poll worker who worked at the polling place across thestreet from her home. All of the poll workers there knew her and all of them knew shewas dead when her husband filed her absentee ballot.39 Local knowledge not a photo IDidentified the problem.

18. My conclusion is further supported by statements of election and law enforcementofficials in Wisconsin, and by the conclusion of a Dane County Circuit judge who issueda permanent injunction against the enforcement of Act 23 following a bench trial. Forexample, in a letter to the Wisconsin Senate Committee on Transportation and Electionsdated January 26, 2011, regarding “Senate Bill 6 – Voter ID,” Milwaukee County DistrictAttorney John Chisholm, a founding member of the Attorney General’s Election FraudTask Force, and the man whose office brought almost all of the cases of election fraudover the 2008 to 2013 period discussed here, states,

We have uncovered numerous cases involving individuals engaged inunlawful activity, including ineligible voting, improper registrationactivity and double voting. My office has aggressively prosecuted thoseoffenses…In the course of our work we have never found any evidence tosupport allegations of organized, large scale vote fraud or dissuasion.Before we do anything that alters existing access to voting we shouldmake sure we do it for a compelling reason based on a clear need. I hopethat any election related reform includes informed deliberation on what theactual problems are, the costs associated with proposed solutions, andclear guidance on how law enforcement and election officials implementchanges.40

19. In a five-page, single-spaced response to a July 11, 2012 letter from members ofthe Wisconsin Assembly demanding to know what the Government Accountability Board(GAB) planned to do about “problems that surfaced in the recall election of the 21st

Senate District,” such as alleged “tampering of ballot bags…[and] unsigned pollbooks,”41 the Director and General Counsel of the GAB, Kevin Kennedy, detailed the

38 See Section 63, 6.87 (1) of Act 23.39 Rohde, “Man, 64, Charged.”40 Letter from John Chisholm to Wisconsin Senate Committee on Transportation andElections, January 26, 2011; author.41 Letter to Kevin Kennedy, Director, Government Accountability Board, from Membersof the Wisconsin Assembly (Rep. Jeff Fitzgerald, Rep. Robin Vos, Rep. Scott Suder,Rep. Bill Kramer, Rep. Dan Knodl, and Rep. Joan Ballweg), July 11, 2011, accessedOctober 13, 2013,http://gab.wi.gov/sites/default/files/news/65/assembly_leaders_letter_gab_pdf_91276.pdf.

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facts of what was known about the vague allegations in the Assembly Members’ letter,none of which have been substantiated as fraud. He then offered this:

Speaking frankly on behalf of our agency and the local election officials,absent direct evidence, I believe continued unsubstantiated allegations ofvoter fraud tend to unnecessarily undermine the confidence that votershave in election officials and the results of the election. I know we agreethat elections should be open and transparent and subject to scrutiny andanalysis. I hope that, as an elected official, you would also agree thatthere is little benefit in promoting unsupported allegations questioning thecredibility of the election process and the work of local clerks and electioninspectors.42

20. In addition, there has been no finding of a problem of voter fraud in the state inany of the litigation challenging Act 23 as a violation of Wisconsin’s state constitution.In his order granting Milwaukee Branch of the NAACP, et al., v. Scott Walker, et al.plaintiffs declaratory and injunctive relief, Dane County Circuit Judge David Flanaganstates:

It is because the right to vote is so fundamental, that a court is obligated tolook at both sides of the ledger, the cost and the benefit of the statute.Here the cost or impairment is significant and in looking to the benefit,little can be found. Serious recent efforts to investigate voter fraud havefound nothing that Act 23 would have prevented.43

42 Letter from Kevin J. Kennedy, Director and General Counsel of the WisconsinGovernment Accountability Board to the Honorable Jeff Fitzgerald, State Representative,39th District, July 13, 2012, accessed October 13, 2013,http://gab.wi.gov/sites/default/files/news/65/response_to_7_11_12_ltr_fitzgerald_pdf_16448.pdf. A press release from the office of the Racine County District Attorney dated thesame day reports that following the filing of four separate complaints about election fraudin the June 5, 2012, recall election, the Racine County Sheriff’s Office launched aninvestigation. “Based on the information that was received, it was determined that saidinformation did not rise to the level required for a criminal prosecution.” The pressrelease continues: “Much of what was reported as fraud was more appropriatelycategorized as rule violations that are under the jurisdiction of the GovernmentAccountability Board (GAB)…Complaints about poll workers, same day registrationprocedures and electioneering, can be, but in this case, did not rise to the level of a crimein Wisconsin.” See, “Voter Fraud Press Release: Racine County Sheriff’s Office/RacineCounty District Attorney’s Office, July 13, 2012, accessed October 13, 2013,http://gab.wi.gov/sites/default/files/news/65/voter_fraud_press_release_for_july_13_2012_pdf_13791.pdf.43 “Order for Judgment and Judgment Granting Declaratory and Injunctive Relief,”Milwaukee Branch of the NAACP, et al., v. Scott Walker, et al., Case No. 11CV5492,July 17, 2012, p. 17.

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21. Thus, I conclude that the scant number of prosecutions and convictions over thelast six years and the corroborating conclusions of elections and law enforcementofficials involved in investigating voter fraud stand in sharp contrast to claims made bythe Attorney General, certain Wisconsin lawmakers,44 and the Republican NationalCommittee Chair Reince Priebus, a Kenosha, Wisconsin native, who has said thatWisconsin is “absolutely riddled with voter fraud.”45 Priebus told reporters on aconference call in advance of the 2012 recall elections that fraudulent votes account for“a point or two” in Wisconsin elections.46 If Mr. Priebus is correct, there would havebeen at minimum 30,684 fraudulent ballots cast for Democrats in the 2012 presidentialelection in Wisconsin. There is no evidence that this allegation is anywhere nearaccurate. The empirical record disputes such claims and confirms my earlier finding that“…fraud committed by voters either in registering to vote or at the polls on Election Dayis exceedingly rare.”

22. Finally, I respectfully disagree with the conclusions of Professor M.V. Hood, IIIconcerning the methodology I used in my expert report.47 It may be useful to the courtfor me to address Professor Hood’s criticisms in some detail because they representcommon misunderstandings about the nature of empirical research and how socialscientists use it. Specifically, Professor Hood raises three concerns: 1) the definition Iuse for “voter fraud,” as “the intentional corruption of the voting process by voters,” is

44 In 2010, the Green Bay Press-Gazette quoted then Senate majority leader ScottFitzgerald saying, “We continue to see these isolated incidents of people trying to votefive, six times a day; people voting based on some sort of fraudulent documentation.”Neither of these allegations is accurate, nor could the Majority Leader’s office cite anyevidence or even a specific case to support Mr. Fitzgerald’s allegation when asked to doso by the Milwaukee Journal Sentinel, which voted his claim “false.” The reporterinterviewed “10 state, county and local elections officials, and law enforcement officersat the local and federal level” to further probe the multiple voting allegation and foundthat, “none of the officials reported a case of voting more than two times.” See, DaveUmhoeffer, “Multi-voting Claim Fails at the Poll,” Milwaukee Journal Sentinel,December 23, 2010.45 Chair Priebus made this comment in a December 2, 2011, nationally televisedinterview with Martin Bashir on MSNBC.46 Patrick Marley and Lee Bergquiest, “RNC Chairman Alleges Rampant Vote Fraud,”Milwaukee Journal-Sentinel, May 30, 2012. Priebus is quoted as saying, “I’m alwaysconcerned about voter fraud, you know, being from Kenosha, and quite frankly havinglived through seeing some of it happen…Certainly in Milwaukee we have seen some ofit, and I think it’s been documented. Any notion that’s not the case, it certainly is inWisconsin. I’m always concerned about it, which is why I think we need to do a point ortwo better than where we think we need to be, to overcome it.” Partisans making claimslike this give themselves away by assuming all of the fraud is committed in support ofcandidates of the opposing party, something the secret ballot makes impossible to know.47 See, Declaration of M.V. Hood III, Bettye Jones, et al. v. Judge David G. Deininger, etal., U.S. District Court for the Eastern District of Wisconsin, Case No. 2:12-cv-00185-LA, n.d., pp. 18-19; herein “Hood Declaration.”

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too narrow; 2) the evidence I rely on to conclude that voter fraud as I define it is rare inWisconsin comes from “secondary” data sources and neglects potentially unreportedfraud; and 3) my report “is not based on any study she [I] conducted that specificallyanalyzes the incidence of reported and/or unreported voter and/or election fraud in theState of Wisconsin.” “As such,” concludes Professor Hood, “this report says little aboutthe incidence of election-related fraud in the State of Wisconsin and therefore is notgermane to the questions at hand regarding Act 23.”48

23. With respect to my definition of voter fraud: I disagree with Professor Hood thatit is better to define voter fraud broadly, to include fraud committed by poll workers,candidates, and political parties. The point of tailoring the definition to the kind of fraudthat could be committed by voters is to assess claims made regarding fraud committed byvoters. In my book, The Myth of Voter Fraud, I distinguish between what I call voterfraud and a broader category of election fraud, which includes what Professor Hoodwants to include in a general definition of electoral corruption.49 I use the narrowerdefinition of voter fraud to estimate the scale of the problem of voters corrupting theelectoral process because the contentious policy solution to what has been called voterfraud is to impose new costs on voters (i.e., require them to present government issuedphotographic identification in order to vote), rather than say, change the way ballots arehandled or counted by election officials. As I state in my 2012 expert report in somedetail and elaborate upon in chapter 2 (titled, “What Is Voter Fraud?”) of my book, mydefinition is appropriate for what I am studying, the individual behavior of voters. In thisregard, I follow the advice of political scientist and methodologist W. Phillips Shively,who argues that analysts should strive for indivisible concepts and uni-dimensional wordsin defining concepts that can be measured. Otherwise, researchers run the risk ofencountering difficulties in measurement and theoretical understanding, and of mis-communicating with the reader.50

24. On the question of evidence and a reliance on positive reports of fraud: thestrategy of gauging crime rates from reports of crime has rarely received so muchdisbelief that the reports are relevant than it does when it comes to voter fraud. We donot say that we know nothing about the extent of other forms of fraud, such as financialfraud, or Medicare fraud, and the like, because we are not able to detect all of it orbecause it is meant to be concealed. We do not ignore what we can detect and see. Thepoint is that even if we multiplied the known rates of voter fraud exponentially,reasonable minds would still conclude that the problem is a minor one.

25. My conclusions here are not simply based on accepted strategies for estimatingcrime rates. As I explain in The Myth of Voter Fraud and in my 2012 expert report, I usea mixed methods approach that combines qualitative and quantitative evidence in order to

48 Hood Declaration, 19.49 Lorraine C. Minnite, The Myth of Voter Fraud, (Ithaca, N.Y.: Cornell University Press,2010), 36.50 W. Phillips Shively, The Craft of Political Research, 5th ed. (Upper Saddle River, N.J.:Prentice Hall, 2002), 31.

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triangulate the imperfect findings that come from any one source. This includes talkingto or reviewing the opinions of law enforcement and elections experts whose officialinvestigative work or professional experience forms the basis for their opinions.Professor Hood suggests his own methodology of “forensic” investigation, which he callsKnowledge Discovery in Databases, or KDD, is superior. “KDD” sounds “scientific,”however, it is simply a data matching and mining procedure. Contrary to ProfessorHood’s claims, it cannot produce evidence of fraud, reported or unreported, or committedby either voters or other “third parties;” all it can do is produce lists of matched ormismatched records.51

26. In general, I do not object to list matching as one method for “actively search[-ing] for irregularities related to the election process,” as Professor Hood and his co-authorWilliam Gillespie describe it in a 2012 journal article.52 However, I do object to theclaim that list matching is superior to archival research; systematic analysis of criminaljustice data, court records, and news reports; expert opinion; and in-depth interviews withknowledgeable persons. I used all of these other methodological techniques in The Mythof Voter Fraud, and with the exception of conducting fresh interviews, I rely on thesetechniques again in my expert reports for this case.

27. List matching is only as accurate as the underlying data. Human error can be andusually is introduced at each point of construction of any single database. To take oneexample relevant to the Hood and Gillespie analysis and to the voter fraud issue ingeneral, a September 2011 audit by the Inspector General’s Office of the Social SecurityAdministration found that between May 2007 and April 2010, the Social SecurityAdministration removed 36,657 wage earners’ death entries from the Death Master File,otherwise known as the Social Security Death Index (SSID), a data source used byresearchers and routinely available to state officials for matching and updating voterregistration records.53 The audit concluded that some of the entries were removed inerror. Others were removed because, in fact, inaccurate records had been provided to the

51 In a footnote to a journal article by Professor Hood and William Gillespie thatelaborates upon Professor Hood’s argument concerning definitions and methodologiesfor studying election fraud (and is cited in his declaration), the authors acknowledge theimportance of intent in “alleging [electoral] corruption.” However they then eliminateintent from their research design (“Determining the existence of intent associated withelection anomalies is beyond the scope of our analysis.”) This calls into question theirentire research enterprise and the value of a method that cannot measure the phenomenonit is being used to measure (i.e., election fraud). See note 2, M.V. Hood III and WilliamGillespie, “They Don’t Vote Like They Used To: A Methodology to Empirically AssessElection Fraud,” Social Science Quarterly 93, no. 1 (March 2012), 78.52 Ibid. 92.53 Office of the Inspector General, Social Security Administration, “Follow-Up: SurvivorBenefits Paid in Instances When the Social Security Administration Removed the DeathEntry From a Primary Wage Earner’s Record,” Audit Report A-06-10-20135, September2011, 2; accessed October 19, 2013, http://oig.ssa.gov/sites/default/files/audit/full/pdf/A-06-10-20135.pdf.

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Social Security Administration or clerical errors were made when employees failed tocomply with various record keeping and documentation policies and procedures.

28. When imperfect databases are matched to each other, inaccuracies produce moreinaccuracies in the matched files. When matching techniques themselves are imperfect,for example, when such techniques do not allow for variations in the spelling of namesand the use of spaces, hyphens and other symbols, or when matching fields are limited byprivacy laws, etc., more inaccuracies are produced in the matched records. List matchingthat does not allow and account for clerical or other errors common to all large datasetsproduces false positives. As I document in The Myth of Voter Fraud, false positives inimperfectly matched lists have served as the basis for false claims of voter fraud. Forexample, I discuss false allegations of Republican Party operatives in Wisconsin duringthe 2004 presidential election that were based on egregiously flawed list matching efforts.On p. 105, I report that,

…just four days before election day [in November 2004] the stateRepublican Party demanded that Milwaukee city officials requireidentification from 37,180 people that it said its review of the city voterrolls turned up as living at questionable addresses. The list, which wasproduced using a computer program to match data from the city’s voterdatabase with a U.S. Postal Service list of known addresses, the samemethodology used to provide the first list of 5,619 names, included 13,300cases of incorrect apartment numbers and 18,200 cases of missingapartment numbers. City Attorney Langley, a nonpartisan officeholder,called the Republican Party request, “outrageous,” adding, “We havealready uncovered hundreds and hundreds and hundreds of addresses ontheir (original list) that do exist. Why should I take their word for the factthis new list is good? I’m out of the politics on this, but this is purelypolitical.”54 Langley’s review did find some addresses that did not appearto exist, and the Milwaukee Journal Sentinel did its own limitedinvestigation, finding sixty-eight questionable addresses. “Others,though,” it said, “were likely to be clerical errors.”55

29. Professor Hood in his declaration for this case is simply not correct when heasserts that list matching is superior to the methods of empirical research I have used inmy work.

30. Even if we accept his broader definition of election fraud as appropriate to thequestion at issue in this litigation (and I do not), Professor Hood fails to demonstrate howlist matching can identify unreported fraud committed by so-called third parties. His besteffort to do so is the co-authored article referenced above. Specifically, in that article,

54 Greg J. Borowski, "Election 2004: GOP Demands IDs of 37,000 in City; City AttorneyCalls New List of Bad Addresses 'Purely Political’," Milwaukee Journal Sentinel,October 31, 2004.55 Ibid.

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Table 1

Persons Charged with Election Fraud Violationsby the Wisconsin Election Fraud Task Force

and Milwaukee County District Attorney2008-2013

Type of Election Violation Charged

Criminal Charge TotalVoting by Ineligibles1 13Voting in Wrong Jurisdiction or Ward2 4Double Voting3 3Voting Another’s Ballot 1Registration Fraud 6Petition Fraud 3Special Registration Deputy (SRD) Fraud4 1

Total 31

1. All “ineligibles” are people with felony convictions who were under statesupervision when they cast ballots and therefore, were ineligible to vote inWisconsin.

2. Three of the four people in this category were charged with civil violationsand paid $100 fines.

3. Two people charged with double voting were acquitted at trial.

4. Defendant falsified application to qualify as a Special Registration Deputyable to collect voter registration applications from others when he failed toreport that he was under state supervision for a felony conviction.

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Appendix

Election Fraud Charges Filed in Wisconsin Circuit Court by theDepartment of Justice and Milwaukee County District Attorney’s Office, 2008-2013

State of Wisconsin v. Endalyn Adams, 2008, Case No. 2008CF004890State of Wisconsin v. Frank E. Walton, 2008, Case No. 2008CF005168State of Wisconsin v. Adam J. Mucklin, 2008, Case No. 2008CF005024State of Wisconsin v. Bridgett R. West, 2009, Case No. 2009CF005617State of Wisconsin v. Latoya T. Lewis, 2009, Cast No. 2009CF000864State of Wisconsin v. Lavelle Marcus Morris, 2009, Case No. 2009CF000872State of Wisconsin v. L.B. Dean, 2009, Case No. 2009CF000896State of Wisconsin v. Stephen J. Wroblewski, 2009, Case No. 2009CM001599State of Wisconsin v. Michael S. Henderson, 2010, Case No. 2010CF001101State of Wisconsin v. Maria L. Miles, 2010, Case No. 2010CF001102State of Wisconsin v. Kevin L. Clancy, 2010, Case No. 2010CF001103State of Wisconsin v. Edward G. Johnson, 2010, Case No. 2010CF001157State of Wisconsin v. Herbert M. Gunka, 2010, 2010CF001104State of Wisconsin v. Suzanne C. Gunka, 2010, 2010CF001105State of Wisconsin v. Olando Nmn Maclin, 2010, Case No. 2010CF001950State of Wisconsin v. Ramon Martinez, 2010, Case No. 2010CF001550State of Wisconsin v. David E. Lewis, 2010, Case No. 2010CF002549State of Wisconsin v. Veronica Toney, 2010, Case No. 2010CF002593State of Wisconsin v. Leon Pendleton, 2010, Case No. 2010CF004443State of Wisconsin v. Tyrone J. Stephens, 2010, Case No. 2010CF005321State of Wisconsin v. Correy O. Grady, 2011, Case No. 2011CF000302State of Wisconsin v. Caitlin B. Haycock, 2013, Case No. 2013CM001320State of Wisconsin v. Jenny A. Wanasek, 2013, Case No. 2013CM001321State of Wisconsin v. Andrew Lewis Shepherd, 2013, Case No. 2013CF001351State of Wisconsin v. Leonard K. Brown, 2013, Case No. 2013CF001352State of Wisconsin v. Chad M. Gigowski, 2013, Case No. 2013CF001353State of Wisconsin v. Brittany Marie Rainey, 2013, Case No. 2013CF001354Wisconsin State v. Deborah A. Mehling, 2013, Case No. 2013SC009081Wisconsin State v. Brian A. Uecker, 2013, Case No. 2013SC009082Wisconsin State v. Bill A. Di Giorgio, Jr., 2013, Case No. 2013SC009083Wisconsin State v. Fozia Haq Nawaz, 2013, Case No. 2013SC009084

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LORRAINE CAROL MINNITE

Rutgers, State University of New Jersey-Camden

Dept. of Public Policy & Administration 401 Cooper Street, Rm. 102 Camden, New Jersey 08102

[email protected] Tel. (856) 225-2526

EDUCATION The Graduate School and University Center of the City University of New York

Ph.D. in Political Science, 2000 Dissertation: “Identity, Voting Rights and the Remapping of Political Representation in New York City” Honors: Distinction M.Phil. in Political Science, 1994 Major field: American Politics Minor field: Public Policy M.A. in Political Science, 1992 Master’s Thesis: “The Ecology of the Underclass: William Julius Wilson and the Chicago School”

Boston University, College of Liberal Arts

B.A. in History, 1983 Area of Concentration: American Civilization Honors: Cum Laude

ACADEMIC EXPERIENCE Associate Professor Rutgers, The State University of New Jersey – Camden Campus, 2011 to present. Teach graduate courses in public policy and community development and undergraduate courses in urban studies. Assistant Professor Barnard College, Columbia University, January 2000 to 2011. Taught undergraduate courses in American politics and urban studies. Associate Director The Center for Urban Research and Policy, Columbia University, December 1993 to 2000. Responsible for the day-to-day management of the Center; wrote grant proposals and helped secure funding from government and private sources for all activities totaling nearly $2,000,000. Instructor and Research Associate Metropolitan Studies Department, New York University, Spring 1991. Designed and taught a core course for undergraduates on the political and economic development of post-war American cities. Assistant Program Director Borough of Manhattan Community College, City University of New York, 1987 to 1990. Assisted the Director in all administrative aspects of the BMCC Summer Immersion Program, a non-traditional, intensive, remedial education program.

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Research Assistant and Data Analyst CUNY Data Service, The Graduate School, City University of New York, 1987 to 1991. Programmed and analyzed large data sets from the 1980 STF and PUMS (microdata) Census files, and the New York City Housing and Vacancy Surveys. Research Assistant Department of Political Science, The Graduate School, City University of New York, 1985 to 1987. Worked on various research projects for Prof. Marilyn Gittell. OTHER EMPLOYMENT Research Director Project Vote, 2010 to 2011. Developed a research program and conducted research for a non-profit organization that runs voter registration drives, litigates violations of the National Voter Registration Act of 1993, and advocates for the voting rights of minorities, youth and the poor. Issues Director The Committee for David N. Dinkins, II, New York City, 1991 to 1993. Conducted research for Mayor David N. Dinkins' campaign committee on a wide range of public policy issues and problems facing New York City. Campaign Manager McCabe for City Council, Brooklyn, New York, 1991. Organized and administered a successful campaign for the Democratic Party nomination and the New York City Council seat in the 38th Council District. Union Organizer District 65/UAW, (AFL-CIO), Northeast Regional Office, Boston, Massachusetts, 1984 to 1985, Summer 1986. Participated in the planning and implementation of a union organizing campaign; served as editor of a union local's newsletter; assisted negotiating committee in contract negotiations. ACADEMIC AND PROFESSIONAL HONORS Jay Sigler Award for Teaching Excellence, Rutgers-Camden Public Administration Student Association, 2013 Affiliated Faculty, Center for Community Leadership, Rutgers-Camden, 2013 to present Affiliated Faculty, Center for Urban Research and Education, Rutgers-Camden, 2012 to present Civic Engagement Faculty Fellow, Rutgers-Camden, 2012 Selected a “Top Wonk” in Democracy and Elections, The Agenda Project, 2012 2011 Choice Magazine “Outstanding Academic Title” for The Myth of Voter Fraud Carnegie Corporation of New York Special Opportunities Fund Award ($50,000), 2007 Senior Fellow, Dēmos – A Network for Ideas and Action, 2006 to present Member, Working Group on Immigration Challenges, The Century Foundation Homeland Security Project, 2004 Faculty Fellow, Institute for Social and Economic Research and Policy, Columbia University, 2002 to 2011 Member, Working Group on New York's Recovery from 9-11, Russell Sage Foundation, 2002 to 2005 Curriculum Development Award ($1,500), Barnard Project on Diaspora and Migration, 2000 CUNY Graduate School Dissertation Year Fellowship ($10,000), 1996-1997 PROFESSIONAL AFFILIATIONS American Political Science Association American Sociological Association European Sociological Association Planners Network

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Social Science History Association Urban Affairs Association COURSES Rutgers-Camden Alternative Strategies for Distressed Cities Civic Engagement, Nonprofits and Community Development Foundations of Policy Analysis Politics of Community Development Poverty and the Urban Environment Research Workshop Barnard College American Urban Politics Contemporary Urban Problems Dynamics of American Politics Participation and Democracy Senior Research Seminar in American Politics Urban Myths and the American City New York University The Crisis of the Modern American City Graduate Committees (Examiner) Columbia University Ph.D. Program in Political Science, Dissertation Committee, 12/00, 5/03, 5/09. Columbia University School of Architecture, Planning and Preservation, Dissertation Proposal Committee, 2/08. Columbia University School of Architecture, Planning and Preservation, Dissertation Committee, 4/10. CUNY Graduate Center Ph.D. Program in Political Science, Dissertation Committee, 4/05, 5/06, 8/06. CUNY Graduate Center Ph.D. Program in Political Science, Oral Doctoral Exam, 12/00. PEER-REVIEWED PUBLICATIONS Books The Myth of Voter Fraud, Ithaca, New York: Cornell University Press, 2010. Keeping Down the Black Vote: Race and the Demobilization of American Voters, New York: The New Press, 2009; co-authored with Frances Fox Piven and Margaret Groarke. Journal Articles “New Challenges in the Study of Right-wing Propaganda: Priming the Populist Backlash to ‘Hope and Change,’” New Political Science 34:4 (2012), 506-526. “Modeling Problems in the Voter ID-Voter Turnout Debate,” Election Law Journal 8:2 (2009), 85-102; co-authored with Robert S. Erikson. “Models, Assumptions, and Model Checking in Ecological Regressions,” Journal of the Royal Statistical Society 164, Part 1 (2001), 101-118; co-authored with Andrew Gelman, David K. Park, Stephen Ansolabehere, and Phillip N. Price. Chapters in Edited Volumes “Voter Identification Laws: The Controversy Over Voter Fraud,” in Matthew J. Streb, ed., Law and Election Politics: The Rules of the Game, 2nd Ed., New York: Routledge, 2012.

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“Lost in Translation? A Critical Reappraisal of the Concept of Immigrant Political Incorporation,” in Jennifer Hochschild and John H. Mollenkopf, eds., Bringing Outsiders In: Transatlantic Perspectives on Immigrant Political Incorporation, Ithaca, New York: Cornell University Press, 2009. "Environmental Risk and Childhood Disease in an Urban Working Class Caribbean Neighborhood," in Sherrie L. Baver and Barbara Lynch Deutsch, ed., Beyond Sun and Sand: Caribbean Environmentalisms, New Brunswick, NJ: Rutgers University Press, 2006; co-authored with Immanuel Ness. "Outside the Circle: The Impact of Post-9/11 Responses on the Immigrant Communities of New York City," in John H. Mollenkopf, ed., Contentious City: The Politics of Recovery in New York City, New York: Russell Sage Foundation, 2005. "Between White and Black: Asian and Latino Political Participation in the 2000 Presidential Election in New York City," in William E. Nelson, Jr. and Jessica Lavariega Monforti, eds., Black and Latino/a Politics: Issues in Political Development in the United States, Miami: Barnhardt and Ash, 2005; co-authored with John Mollenkopf. “The Changing Arab New York Community,” in Kathleen Benson and Philip M. Kayal, eds., A Community of Many Worlds: Arab Americans in New York City, Syracuse: Syracuse University Press, 2002; co-authored with Louis Abdellatif Cristillo. "Social Capital, Political Participation and the Urban Community," in Susan Saegert, J. Phillip Thompson, and Mark Warren, eds., Social Capital and Poor Communities, New York: Russell Sage Foundation, 2001; co-authored with Ester R. Fuchs and Robert Y. Shapiro. "Patterns of Neighborhood Change," in John H. Mollenkopf and Manuel Castells, eds., Dual City: Restructuring New York, New York: Russell Sage, 1991; co-authored with Frank F. DeGiovanni. OTHER PUBLICATIONS Chapter in Conference Proceedings “The Political Participation of Immigrants in New York,” in In Defense of the Alien: Proceedings of the 2000 Annual National Legal Conference on Immigration and Refugee Policy, Vol. XXIII. New York: Center for Migration Studies, 2001; co-authored with Jennifer Holdaway and Ronald Hayduk. Encyclopedia Entries “The Underclass,” in The International Encyclopedia of Social and Behavioral Sciences, Elsevier, forthcoming; co-authored with Paul J. Jargowsky. “Welfare,” in The International Encyclopedia of Social and Behavioral Sciences, Elsevier, forthcoming; co-authored with Joan Maya Mazelis. “Voter Participation,” in The Encyclopedia of Social Work, 20th ed., New York: Oxford University Press, 2008, online version 2013; co-authored with Frances Fox Piven. “The Working Families Party,” in Immanuel Ness, ed. The Encyclopedia of American Third Parties, Armonk, New York: M.E. Sharpe, Inc., 2000. Book Reviews Waiting for the Cemetery Vote, by Tom Glaze, American Review of Politics, (Spring/Summer 2012). Election Fraud: Detecting and Deterring Electoral Manipulation edited by R. Michael Alvarez, Thad Hall and Susan D. Hyde, Election Law Journal 8:3 (2009). Governing From Below: Urban Regions and the Global Economy by Jefferey M. Sellers, Cambridge University Press, 2002, in Political Science Quarterly Vol. 118, No. 4 (Winter 2003-2004).

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Social Class, Politics, and Urban Markets: The Makings of Bias in Policy Outcomes by Herman L. Boschken, Stanford, CA: Stanford University Press, 2002, in The International Journal of Urban and Regional Research, Vol. 27, No. 4 (December 2003). The Miami Fiscal Crisis: Can A Poor City Regain Prosperity? by Milan J. Dluhy and Howard A. Frank, Westport, Connecticut: Praeger Publishers, 2002, in Political Science Quarterly Vol. 117, No. 4 (Winter 2002-2003). Research Reports Latino New Yorkers in the 2008 Presidential Election: The New Americans Exit Poll, New York Latino Research Network (NYLARNet) at The University of Albany, Fall 2011. Research Memo: First-time Voters in the 2008 Election, Project Vote, Washington, D.C., April 2011. An Analysis of Who Voted (And Who Didn’t Vote) in the 2010 Election, Project Vote, Washington, D.C., November 2010. Research Memo: Debunking the Tea Party’s Election Night Message, Project Vote, Washington, D.C., October 26, 2010. What Happened to Hope and Change? A Poll of 2008 Voters, Project Vote, Washington, D.C., September 2010. Election Day Registration: A Study of Voter Fraud Allegations and Findings on Voter Roll Security, Dēmos – A Network for Ideas and Action, New York, November 2007. The Politics of Voter Fraud, Project Vote, Washington, D.C., March 2007. Securing the Vote: An Analysis of Election Fraud, Dēmos – A Network for Ideas and Action, 2003, New York; updated 2007; co-authored with David Callahan. Journalism My expertise on elections and voter fraud was sought and widely cited and I was quoted in print and broadcast media during the 2008, 2010 and 2012 election seasons, including, for example, in the following: The New Yorker Magazine, The New Republic, Mother Jones, The Wall Street Journal, In These Times, American Prospect, Washington Monthly, Monthly Review, New Left Review, The New York Times, The Washington Post, Associated Press, McClatchy, Al Jazeera English (Fault Lines, Washington, D.C.), WZBC (News, Boston), WBAI (Democracy Now!, New York), WNYC (The Brian Lehrer Show, New York), WHYY (Radio Times, Philadelphia), NPR (Morning Edition, Washington, D.C.), CBS News, ABC News Radio, Salon.com, Talking Points Memo, Alternet, The Huffington Post, Slate Magazine, and CQ Researcher, among others. “Movements Need Politicians – And Vice Versa,” The Nation, October 22, 2012; co-authored with Frances Fox Piven. “The Other Campaign: Who Gets To Vote,” New Labor Forum, May 2012; co-authored with Frances Fox Piven. “Why We Need ACORN,” Los Angeles Times, April 22, 2010; co-authored with Frances Fox Piven. “Re-Drawing the Map of U.S. Politics,” Red Pepper, April, 2008; co-authored with Frances Fox Piven. “N.C. Rejects Politics of Fear,” The Charlotte Observer, Charlotte, North Carolina, July 18, 2007. "They Are Arriving: Immigrants Are Gaining Power in New York’s Voting Booths," New York Daily News, New York, July 24, 2005. "Albany's Making Bad Elections Worse," New York Daily News, New York, August 22, 2004. UNPUBLISHED PAPERS, PRESENTATIONS AND REPORTS

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Works in Progress “Austerity, Poverty and Social Movements” “The Political Exclusion of the Urban Poor” “Food Movements and Food Policy” “Voter Purging Under the National Voter Registration Act of 1993” “Is Political Polarization Good or Bad for Democracy?” “To Comply Or Not To Comply: Bureaucratic Barriers and Political Resistance in the Implementation of the National Voter Registration Act of 1993” “Latino Voting Patterns in New York State” “The Supreme Court’s Tortured Voting Rights Jurisprudence” Conference Participation, Papers and Invited Presentations “Crisis, Convulsion and the Welfare State,” paper presented at the 11th Annual Meeting of the European Sociological Association, Torino, Italy, August 28-31, 2013; co-authored with Frances Fox Piven. Invited Panelist, “Anatomy of A Public Interest Lawsuit: Voter ID Legislation – A Public Interest Legal Challenge,” sponsored by Penn Law Clinical Programs, Lawyering in the Public Interest, Toll Public Interest Center, American Constitution Society and the Civil Rights Law Project, University of Pennsylvania Law School, Philadelphia, Pennsylvania, November 5, 2012. Invited Panelist, “The Voting Rights Act: Where Do We Go From Here?” Rutgers University Law Review Symposium, Trenton, New Jersey, April 13, 2012. Invited Panelist, “Voting Rights,” Civil Rights Law Society, Columbia University Law School, New York City, March 20, 2012. Invited Panelist, “Race and Public Policy,” conference at George Mason University School of Public Policy, Arlington, Virginia, October 10, 2011. Invited Panelist, “Organizing the Poor for Rights: The Work of Frances Fox Piven,” 107th Annual Meeting of the American Political Science Association, Seattle, September 1-4, 2011. “Is Political Polarization Good or Bad for Democracy?,” paper presented at the 69th Annual Meeting of the Midwest Political Science Association, Chicago, March 30-April 2, 2011. Invited Roundtable Participant, “Voter Disenfranchisement in American Politics,” 82nd Annual Meeting of the Southern Political Science Association, New Orleans, January 6-8, 2011. Invited Panelist, “Voter Participation,” New York City Charter Revision Commission, New York City, June 2, 2010. Discussant, “Immigrant Voters: Asian Americans and the 2008 Election,” Immigration Seminar Series, Graduate School and University Center of the City University of New York, May 4, 2009. “Purging Voters Under the NVRA,” paper presented at the 67th Annual Meeting of the Midwest Political Science Association, Chicago, April 2-5, 2009; co-authored with Margaret Groarke. Invited Panelist, “Democracy in America: The African-American Experience – Then, Now and Future,” U.S. Mission to the United Nations, New York, March 17, 2009. Invited Speaker, “Voter Suppression in the 2008 Presidential Election,” Funders Committee for Civic Participation,

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Washington, D.C., December 9, 2008. Invited Panelist, “Stealing the Vote in 2008,” A Panel Discussion at New York University, October 16, 2008. Invited Panelist, “Keeping Down the Vote: Vote Suppression and the 2008 Election,” Sarah Lawrence College, September 23, 2008. “Modeling Problems in the Voter ID-Voter Turnout Debate,” paper presented at the 8th Annual State Politics and Policy Conference, Temple University, Philadelphia, May 30-31, 2008; co-authored with Robert S. Erikson. Panelist, “Keeping Down the Black Voter: Race and the Demobilization of American Voters,” Left Forum, New York, March 16, 2008. Panel Discussant, "Group Mobilization, Partisanship, Ideas, and Leadership: The Los Angeles and New York Mayoral Elections of 2005," 102nd Annual Meeting of the American Political Science Association, Philadelphia, August 31-September 3, 2006. "Re-thinking Immigrant Political Incorporation," paper presented at the 36th Annual Meeting of the Urban Affairs Association, Montreal, Canada, April 19-22, 2006. "Immigrant Politics in an Age of Terror," paper presented at the 101st Annual Meeting of the American Political Science Association, Washington, D.C., September 1-4, 2005. Panel Discussant, "Immigrants As Local Political Actors," 100th Annual Meeting of the American Political Science Association, Chicago, September 1-4, 2004. Invited Lecturer, "Literature of Immigration," New Jersey Council for the Humanities Teacher Institute, Monmouth University, Long Branch, New Jersey, August 5, 2004. "The Impact of 9/11 on Immigrant Politics in New York, With a Focus on Arab, Muslim, and South Asian Immigrant Communities," Columbia University Seminar on the City, New York City, March 23, 2004. Invited Participant, "The Impact of Post-9/11 Immigration and Law Enforcement Policies," The Century Foundation, New York City, February 4, 2004. Workshop Participant, Multi-race Study Group, Harvard CAPS Workshop on Methodologies to Study Immigrant Political Incorporation, Harvard University, Cambridge, October 30-31, 2003. Invited Lecturer, "Literature of Immigration," New Jersey Council for the Humanities Teacher Institute, Monmouth University, Long Branch, New Jersey, July 10, 2003. Panelist, "Rebuilding Post-War Iraq: Domestic and International Implications;" Community Forum, Barnard College, New York City, April 21, 2003. "Political Participation and the Neglected Role of Spatial Form;" paper presented at the 33rd Annual Meeting of the Urban Affairs Association, Cleveland, Ohio, March 27-30, 2003. Invited Speaker, "Teach-In on Iraq;" Barnard College, New York City, November 8, 2002. Panelist, "Colloquium on Responding to Violence," in honor of Virginia C. Gildersleeve Lecturer, Jody Williams, Barnard Center for Research on Women, Barnard College, New York City, October 25, 2002. Panel Moderator, "Who is Brooklyn?" at The Future of Brooklyn Conference, Brooklyn College, June 7, 2002. "Asian and Latino Participation in New York City: The 2000 Presidential Election," paper presented at the 97th Annual Meeting of the American Political Science Association, San Francisco, August 29 – September 2, 2001; co-authored with John H. Mollenkopf. Organizer and Panelist, The Changing Face of New York's Electorate: The Immigrant Vote in 2000 and Beyond, A Panel

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Discussion and Media Briefing sponsored by the New York Immigration Coalition and Barnard College, New York City, May 2, 2001. Organizer and Panelist, The Muslim Communities in New York City Project; A One-Day Conference, sponsored by the Center for Urban Research and Policy and the Middle East Institute at the School of International and Public Affairs, Columbia University, New York City, April 30, 2001. Panelist, Democratizing New York City; Re-imagining City Government, sponsored by the Center for Humanities, CUNY Graduate Center, New York City, March 27, 2001. Organizer and Panel Moderator, Independent Politics in A Global World, sponsored by the Independent Politics Group, CUNY Graduate Center, New York City, October 6-7, 2000. "Political Capital and Political Participation," paper presented at the 96th Annual Meeting of the American Political Science Association, Washington, D.C., August 31-September 3, 2000; co-authored with Ester R. Fuchs and Robert Y. Shapiro. "The Political Participation of Immigrants in New York," at Immigrant Political Participation in New York City; A One-Day Working Conference, sponsored by the Center for Urban Research/CUNY and the International Center for Migration, Ethnicity, and Citizenship, New York City, June 16, 2000 "The Muslim Community in New York City Project," with Louis Abdellatif Cristillo; Muslims in New York: An Educational Program for Religious Leaders in New York City, seminar on faith traditions in New York; sponsored by the Interfaith Center of New York and the Imans Council of New York, New York City, June 14, 2000. "The Political Participation of Immigrants in New York," Session VI on Integration of Immigrants and Their Descendents, Center for Migration Studies 20th Annual National Legal Conference on Immigration and Refugee Policy, Washington, D.C., March 30-31, 2000. “The Changing Arab New York Community,” with Louis Abdellatif Cristillo; A Community of Many Worlds: Arab Americans in New York City, symposium sponsored by the Museum of the City of New York, New York City, February 5-6, 2000. “The Political Incorporation of Immigrants in New York,” paper presented at the 95th Annual Meeting of the American Political Science Association, Atlanta, September 1-4, 1999; co-authored with Jennifer Holdaway and Ronald Hayduk . “Political Capital and Political Participation,” co-authored with Ester R. Fuchs and Robert Y. Shapiro; paper presented at the 58th Annual Meeting of the Midwest Political Science Association, Chicago, April 15-17, 1999. "Racial and Ethnic and Urban/Suburban Differences in Public Opinion and Policy Priorities," paper presented at the 58th Annual Meeting of the Midwest Political Science Association, Chicago, April 15-17, 1999; co-authored with Ester R. Fuchs, Robert Y. Shapiro, and Gustavo Cano. “The Importance of Full Disclosure of Non-response Due to Refusals and the Nature of Potential Bias in Phone Surveys,” with Robert Y. Shapiro, evening workshop presentation to the New York City chapter of the American Association for Public Opinion Research, New York City, March 9, 1999. “White, Black and Latino Voter Turnout in the 1993 New York City Mayoral Election: A Comparison of Ecological Regression Techniques and Exit Poll Data,” paper presented at the 94th Annual Meeting of the American Political Science Association, Boston, September 4, 1998; co-authored with David K. Park and Daniel M. Slotwiner. Panel Discussant, "Race, Rights, and American Politics;" panel at the 27th Annual Meeting of the Northeastern Political Science Association and International Studies Association-Northeast, Newark, New Jersey, November 9-11, 1995. "Assessing the Quality of Political Reform: Redistricting and the Case of New York City," paper presented at the Annual Meeting of the New York State Political Science Association, Albany, New York, April 22, 1994. Research Reports

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How to Think About Voter Participation, White Paper, New York City Charter Revision Commission, July 2010. The Myth of Voter Fraud, White Paper, Dēmos – A Network for Ideas and Action, May 2002. Evaluation of the New York Immigration Coalition's '200,000 in 2000: New Americans Pledging to Strengthen Democracy and New York' Initiative, Final Report to the New York Foundation, with John H. Mollenkopf, August 2001. A Study of Attitudes Among Low-Income Parents Toward Environmental Health Risks and Childhood Disease: The Brooklyn College COPC Survey, with Immanuel Ness, June 2001. Political Participation and Political Representation in New York City; With a Special Focus on Latino New Yorkers, Report of the Columbia University/Hispanic Education and Legal Fund Opinion Research Project, co-authored with Robert Y. Shapiro and Ester R. Fuchs, December 1997. Congressional Testimony, Amicus Filings and Expert Witness Participation in Court Cases Expert Witness, Applewhite v. Commonwealth of Pennsylvania, Commonwealth Court of Pennsylvania, 2012-2013. Expert Witness, Jones et al. v. Deininger, U.S. District Court for the Eastern District of Wisconsin, 2012-present. Expert Certification, Rutgers University Student Assembly et al. v. Middlesex County Board of Elections, Superior Court of New Jersey/Middlesex County, 2011-present. League of Women Voters v. Rokita; Supreme Court of Indiana, Brief of Amici Curiae Lonna Rae Atkeson, Matt A. Barreto, Lorraine C. Minnite, Jonathan Nagler, Stephen A. Nuño and Gabriel Ramon Sanchez in Opposition to Defendant’s Petition to Transfer, November 2009. Expert Witness, Democratic National Committee, et al. v. Republican National Committee, et al., U.S. District Court in the District of New Jersey, 2008-2009. U.S. Senate Committee on Rules and Administration, Hearing on In-Person Voter Fraud: Myth and Trigger for Voter Disenfranchisement?, March 12, 2008 (written testimony). Expert Witness, U.S. House Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights and Civil Liberties, Oversight Hearing on Voter Suppression, February 26th, 2008 (oral and written testimony). William Crawford, et al. v. Marion County Election Board, et al.; Indiana Democratic Party, et al. v. Todd Rokita et al.; U.S. Supreme Court, Brief of Amici Curiae The Brennan Center for Justice, Demos: A Network for Ideas and Action, Lorraine C. Minnite, Project Vote, and People for the American Way Foundation, November 2007. Fact Witness, ACORN et al. v. Bysiewicz, U.S. District Court in the District of Connecticut, 2004-2005. RESEARCH GRANTS Principle Investigator, “The Political Exclusion of the Urban Poor,” Rutgers Research Council Award, 2013-2014 ($3,000). Recipient, RU FAIR ADVANCE (NSF) Camden Travel Award, March/April 2013 ($1,590). Funded by the Rutgers University Office for the Promotion of Women in Science, Engineering, and Mathematics (SciWomen) Institutional Transformation grant from the ADVANCE program of the National Science Foundation. Principal Investigator, “University Collaborative Exit Poll,” November 2008 to October 2009 ($30,000). Funded by Columbia University Institute of Social and Economic Research and Policy, Center for Urban Research at the Graduate School and University Center of the City University of New York, and the New York Latino Research and Resources Network at the University of Albany, State University of New York. Co-Principal Investigator, “2006 New Americans Exit Poll,” November 2006 to October 2007 ($10,000). Funded by the Graduate School of Arts and Sciences, Columbia University.

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Recipient, Special Assistant Professor Leave Travel Grant, September 2003 to September 2005 ($7,700). Funded by the Provost's Office, Winston Fund, Barnard College. Recipient, Conference Grant, September 2003 to September 2005 ($3,000). Funded by the Provost's Office, Forman Fund, Barnard College. Member, Working Group on New York's Recovery from September 11th, June 2002 to June 2005 ($30,000). Funded by the Russell Sage Foundation. Principal Investigator, "2002 New Americans Exit Poll," December 2002 to March 2003 ($1,800). Funded by the Faculty Research Fund of Barnard College. Principal Investigator, “Evaluation of the New York Immigration Coalition's '200,000 in 2000' Campaign,” July 2000 to July 2001 ($40,000). Barnard College, Columbia University. Funded by the New York Foundation. Co-Principal Investigator, “Muslim Communities in New York City,” July 1998 to July 2001 ($350,000). The Center for Urban Research and Policy, Columbia University. Funded by the Ford Foundation. SERVICE College and University Marshal, Rutgers-Camden Commencement, 2013. Director, Undergraduate Urban Studies Program, Rutgers-Camden, 2011-to present. Member, Ford Faculty Seminar on Inequality in New York, Barnard College, 2009-2010. Panelist, “Obama and the Immigrant Vote,” Barnard Forum on Migration, October 30, 2008. Panel Moderator, "Is Democracy Democratic?" at the Thirty-Third Annual The Scholar and the Feminist Conference,

Barnard College, March 11, 2008. Participant, Mellon 23 Assembly, Macalester College, St. Paul, Minnesota, February 15-17, 2008. Panelist, “Election Reflections: The Bush Legacy and the Coming Presidential Elections,” Barnard College, Oct. 8, 2007. Member, The Scholar and the Feminist Conference Planning Committee, Barnard Center for Research on Women, 2006. Member, Faculty Programs and Governance Committee, 2005-2007 (on leave Spring 2007). Member, Faculty Committee, Barnard Leadership Initiative, 2005-2007 (on leave Spring 2007). Member, Medalist Committee, Barnard College, 2004-2006, 2007-2009 (on leave Spring 2007). Member, Columbia University Seminar in Political and Social Thought, 2004 to 2011. Faculty Mentor, Francene Rodgers Scholarship Program, Barnard College, Summer 2004. Panel Moderator, "Governance by the Media: Feminists and the Coming Election," at the Twenty-Ninth Annual The

Scholar and the Feminist Conference, Barnard College, April 3, 2004. Member, Ph.D. Subcommittee in Urban Planning, Columbia University School of Architecture, Planning and

Preservation, 2003 to 2011. Member, Columbia University Seminar on Globalization, Labor, and Popular Struggles, 2001 to 2011. Member, Columbia University Seminar on the City, 2001 to 2011. Faculty Mentor, Columbia University Graduate School of Arts and Sciences Summer Research Program, 2001. Advisory Board Member, Barnard Center for Research on Women, 2000 to 2011. First Year Adviser, Barnard College, 2000 to 2004, 2009 to 2011. One-Year Replacement Member, Committee on Programs and Academic Standing, Barnard College, 2000-2001. Professional I have reviewed numerous journal articles for the American Political Science Review, American Journal of Political Science, American Review of Politics, British Journal of Industrial Relations, Ethnic and Racial Studies, Journal of Ethnic and Migration Studies, Law and Society Review, New Political Science, Perspectives on Politics, Political Research Quarterly, Political Science Quarterly, Public Opinion Quarterly, Urban Affairs Review, and Working U.S.A.: The Journal of Labor and Society; and book proposals and manuscripts for Blackwell Publishers, Lexington Books, Routledge, M.E. Sharpe, Inc., and The New Press. Seminar Speaker, Carnegie-Knight News21 Initiative Reporting Seminar on Voting Rights, The Walter Cronkite School

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of Journalism and Mass Communication, Arizona State University, February 2, 2012. Member, Best Book Committee, Urban Section, American Political Science Association, 2010-2011, 2012-2013. Executive Council Member, Urban Section, American Political Science Association, 2005-2006, 2008-2010. Member, Charles A. McCoy Career Achievement Award, New Politics Section, APSA, 2008-2009. Member, Best Dissertation Committee, Urban Section, American Political Science Association, 2008-2009. Co-chair, Local Host Committee, American Sociological Association Annual Conference, 2006-2007. Nominating Committee, Urban Section, American Political Science Association, 2006-2007. Chair, Piven and Cloward Award Committee, New Political Science Section, American Political Science Association,

2005-6. Member, Best Paper Committee, Urban Section, American Political Science Association, 2005-2006. Editorial Board Member, Working USA: The Journal of Labor and Society, 2004 to present. Grant Reviewer, Research Award Program, The City University of New York, 2003. Member, New York Colloquium on American Political Development, 2001 to 2011. Community Board Member, Participatory Budgeting in New York City Research Board, 2013 to present. Invited Speaker, Registrar’s of Voters Association of Connecticut, Annual Meeting, Cromwell, CT, April 12, 2012. Keynote Speaker, Federal Aviation Administration William J. Hughes Technical Center 2012 Black History Month

Celebration, Atlantic City, New Jersey, February 15, 2012. Organizer, “National Teach-in on Debt, Austerity and How People Are Fighting Back,” Judson Memorial Church, New

York City, April 11, 2011. Host Committee, New York State Immigrant Action Fund, 2010. Board Member, The Left Forum, 2009 to 2013. Member, New York City Comptroller-Elect John Liu Transition Committee Working Group on External Affairs, 2009. Board Member, Project Vote, 2008-2009. Speaker, “The Immigrant Voter in New York City,” New York Voter Assistance Commission, New York City, May 19,

2005; Citizens Union, New York City, May 18, 2005; New York Immigration Coalition, New York City, February 17, 2005; New York City Central Labor Council, New York City, April 28, 2004.

Speaker, "The Post-9/11 Crackdown on Immigrants," Coney Island Avenue Project, Brooklyn, New York, March 25, 2004. Volunteer, New York Immigration Coalition, Voter Registration at INS Naturalization Ceremonies, 1998 to 2002. PAID CONSULTANTSHIPS Arnold & Porter LLP, 2012-present. Wrote expert reports for plaintiffs (2012, 2013) and testified (2012) as an expert witness in Applewhite v. Commonwealth of Pennsylvania, Commonwealth Court of Pennsylvania. New York City Charter Revision Commission, 2010. Analyzed the problem of voter participation in New York City and possible solutions for consideration by Commissioners as they prepared ballot referenda to be placed before the voters in 2010. New York Latino Research and Resources Network at the University of Albany, State University of New York, 2008. Analyzed survey and other data and wrote report on Latino political participation in New York City and New York State in the 2008 presidential election. New York Immigration Coalition, New York, New York, 2006. Provided technical assistance to a three-city exit poll survey project for the 2006 national midterm elections. Brennan Center for Justice at New York University School of Law, 2004-2005. Provided expert report on voter fraud and testified as a fact witness in ACORN, et al. v. Bysiewicz (Civil Action No. 3:04-CV-1624 (MRK)). Howard Samuels State Management and Policy Center, Graduate School and University Center of CUNY, 2002. Consulted on survey design for a project on the efficacy of community-based organizations. Dēmos, New York, New York, 2001 to 2002.

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Researched and wrote a study of voter fraud in contemporary American politics. 1199 Child Care Fund, New York, New York, 2000 to 2002. Prepared demographic data for Fund-eligible union members and their children. (9/13)

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In the United States Court of Appeals - Moritz …moritzlaw.osu.edu/electionlaw/litigation/documents/Frank371.pdf · In the United States Court of Appeals for the Seventh Circuit

Documents