Case: United States of America v. State of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

United States Of America v. State Of New York

COMPLAINT: Filed by United States of America against State of New York and The New York State Board of Elections. (Attachments: # 1 Exhibits A, B, and C, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet Attachment) (Fee Waived, Government Plaintiff) (mae) (Entered: 10/13/2010)

1 Exhibits A, B, and C

View on PACER

2 Civil Cover Sheet

View on PACER

3 Civil Cover Sheet Attachment

View on PACER

Summons Issued as to State of New York and The New York State Board of Elections. (Attachments: # 1 Summons - NYS Board of Elections) (mae) (Entered: 10/13/2010)

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/17/2011 at 10:30 AM in Albany before Magistrate Judge Randolph F. Treece. Civil Case Management Plan due by 2/3/2011. (mae) (Entered: 10/13/2010)

NOTICE of Appearance by Jeffrey M. Dvorin on behalf of State of New York (Dvorin, Jeffrey) (Entered: 10/15/2010)

NOTICE of Appearance by Kimberly A. Galvin on behalf of The New York State Board of Elections (Galvin, Kimberly) (Entered: 10/15/2010)

Letter Motion from Richard Dellheim for United States of America requesting Entry of Proposed Consent Decree submitted to Judge Gary L. Sharpe. (Attachments: # 1 Proposed Order/Judgment Proposed Consent Decree)(Dellheim, Richard) (Entered: 10/15/2010)

Letter Motion from Richard Dellheim for United States of America requesting Entry of Proposed Amended Consent Decree submitted to Judge Gary L. Sharpe. (Attachments: # 1 Amended Consent Decree)(Dellheim, Richard) (Entered: 10/18/2010)

NOTICE of Appearance by Bruce J. Boivin on behalf of State of New York (Boivin, Bruce) (Entered: 10/18/2010)

CONSENT DECREE. Signed by Judge Gary L. Sharpe on 10/19/2010. (jel, ) (Entered: 10/19/2010)

Letter Motion from Richard Dellheim for United States of America requesting Status Conference submitted to Judge Sharpe. (Attachments: # 1 Exhibit(s) NYS Waiver Request, # 2 Exhibit(s) DOD Response to Waiver Request)(Dellheim, Richard) (Entered: 06/29/2011)

TEXT ONLY ORDER granting 10 Letter requesting Status Conference. Status Conference set for 7/13/2011 at 02:00 PM in Albany before Judge Gary L. Sharpe. Issued by Judge Gary L. Sharpe on 7/7/2011. (jel, )

Text Only Order - The court directs the defendant to file a response, not to exceed 5 pages in length, in response to the plaintiffs letter motion seeking a status conference on or before 4:00 p.m. on July 11, 2011. Issued by Judge Gary L. Sharpe on 7/7/2011. (jel, )

RESPONSE to Motion re 10 Letter Motion from Richard Dellheim for United States of America requesting Status Conference submitted to Judge Sharpe Reply to the DOJ's motion of June 29, 2011 filed by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 07/11/2011)

RESPONSE to Motion re 10 Letter Motion from Richard Dellheim for United States of America requesting Status Conference submitted to Judge Sharpe filed by State of New York. (Dvorin, Jeffrey) (Entered: 07/11/2011)

CERTIFICATE OF SERVICE by State of New York re 12 Response to Motion (Dvorin, Jeffrey) (Entered: 07/11/2011)

RESPONSE to Motion re 10 Letter Motion from Richard Dellheim for United States of America requesting Status Conference submitted to Judge Sharpe with request to accept filing of corrected version filed by State of New York. (Attachments: # 1 Exhibit(s) cover letter)(Dvorin, Jeffrey) (Entered: 07/12/2011)

Text Only Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Status Conference held on 7/13/2011. Appearances Made: Richard Dellheim, Esq., Jeff Dvorin, Esq., Bruce Boivin, Esq., Kim Galvin, Esq and Paul Lyons, Esq. Parties discusses issues with the court and discuss potential motion for resolution. (Court Reporter None) Time: 2:00-2:50 p.m. (jel, )

Letter from Election Commissioners' Association of the State of New York. (mab) (Entered: 07/13/2011)

MOTION Supplemental and Permanent Relief Motion Hearing set for 10/20/2011 09:00 AM in Albany before Judge Gary L. Sharpe Response to Motion due by 10/3/2011 filed by United States of America. (Attachments: # 1 Memorandum of Law, # 2 Affidavit, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I, # 12 Exhibit(s) J, # 13 Proposed Order/Judgment) Motions referred to Randolph F. Treece. (Dellheim, Richard) (Entered: 09/19/2011)

1 Memorandum of Law

View on RECAP

2 Affidavit

View on PACER

3 Exhibit(s) A

View on PACER

4 Exhibit(s) B

View on PACER

5 Exhibit(s) C

View on PACER

6 Exhibit(s) D

View on PACER

7 Exhibit(s) E

View on PACER

8 Exhibit(s) F

View on PACER

9 Exhibit(s) G

View on PACER

10 Exhibit(s) H

View on PACER

11 Exhibit(s) I

View on PACER

12 Exhibit(s) J

View on PACER

13 Proposed Order/Judgment

View on PACER

AFFIDAVIT re 16 MOTION Supplemental and Permanent Relief -- CORRECTED Exhibit 2 -- by United States of America. (Dellheim, Richard) (Entered: 09/20/2011)

NOTICE by United States of America re 16 MOTION Supplemental and Permanent Relief Notice of Errata (Attachments: # 1 Exhibit(s) CORRECTED Memorandum of Law, # 2 Exhibit(s) CORRECTED Thompson Declaration (Ex. D to Memorandum of Law), # 3 Exhibit(s) CORRECTED Proposed Order, # 4 Exhibit(s) CORRECTED Attorney Affidavit)(Dellheim, Richard) (Entered: 09/23/2011)

Letter Motion from Jeffrey Dvorin for State of New York requesting adjournment of motion for supplemental and permanent relief submitted to Judge Sharpe. (Dvorin, Jeffrey) (Entered: 09/26/2011)

CERTIFICATE OF SERVICE by State of New York re 19 Letter Motion from Jeffrey Dvorin for State of New York requesting adjournment of motion for supplemental and permanent relief submitted to Judge Sharpe (Dvorin, Jeffrey) (Entered: 09/26/2011)

LETTER/ORDER Setting Hearing on Motion 16 MOTION Supplemental and Permanent Relief :( Response to Motion due by 10/20/2011, Motion Hearing set for 11/3/2011 at 09:00 AM in Albany before Judge Gary L. Sharpe ). Signed by Judge Gary L. Sharpe on 9/27/2011. (jel, ) (Entered: 09/27/2011)

NOTICE of Appearance by Paul M. Collins on behalf of The New York State Board of Elections (Collins, Paul) (Entered: 09/27/2011)

First MOTION to Intervene and Memorandum in Support filed by David L Lewis. (Attachments: # 1 Declaration) Motions referred to Randolph F. Treece. (Lewis, David) (Entered: 10/11/2011)

MOTION for Limited Admission Pro Hac Vice of Risa Berkower (Fee is waived) filed by United States of America. (Attachments: # 1 Affidavit, # 2 Oath, # 3 ECF Filing Registration, # 4 Proposed Order/Judgment) Motions referred to Randolph F. Treece. (Spina, Thomas) (Entered: 10/11/2011)

TEXT ONLY NOTICE of Hearing on Motion 16 MOTION Supplemental and Permanent Relief, 23 First MOTION to Intervene and Memorandum in Support : The motions have been consolidated for the same return date and should follow the briefing schedule as follows: Response to Motion due by 10/31/2011. Motion Hearing set for 11/17/2011 at 09:00 AM in Albany before Judge Gary L. Sharpe. (jel, )

ORDER granting 24 Motion for Limited Admission Pro Hac Vice of Risa Berkower. Signed by Judge Gary L. Sharpe on 10/18/2011. (wbl, ) (Entered: 10/18/2011)

RESPONSE to Motion re 7 Letter Motion from Richard Dellheim for United States of America requesting Entry of Proposed Amended Consent Decree submitted to Judge Gary L. Sharpe Connolly Affidavit filed by The New York State Board of Elections. (Collins, Paul) (Entered: 10/31/2011)

REPLY to Response to Motion re 16 MOTION Supplemental and Permanent Relief filed by The New York State Board of Elections. (Attachments: # 1 Exhibit(s) Waiver Application, # 2 Exhibit(s) Waiver Application, # 3 Exhibit(s) Waiver Application, # 4 Exhibit(s) Waiver Application, # 5 Exhibit(s) Waiver Applicaiton)(Collins, Paul) (Entered: 10/31/2011)

1 Exhibit(s) Waiver Application

View on PACER

2 Exhibit(s) Waiver Application

View on PACER

3 Exhibit(s) Waiver Application

View on PACER

4 Exhibit(s) Waiver Application

View on PACER

5 Exhibit(s) Waiver Applicaiton

View on PACER

RESPONSE to Motion re 16 MOTION Supplemental and Permanent Relief filed by The New York State Board of Elections. (Collins, Paul) (Entered: 10/31/2011)

RESPONSE to Motion re 23 First MOTION to Intervene and Memorandum in Support filed by The New York State Board of Elections. (Collins, Paul) (Entered: 10/31/2011)

REPLY to Response to Motion re 16 MOTION Supplemental and Permanent Relief filed by The New York State Board of Elections. (Collins, Paul) (Entered: 10/31/2011)

RESPONSE in Opposition re 16 MOTION Supplemental and Permanent Relief filed by State of New York. (Attachments: # 1 Declaration of AAG Bruce J. Boivin, # 2 Declaration of Service)(Boivin, Bruce) (Entered: 10/31/2011)

1 Declaration of AAG Bruce J. Boivin

View on PACER

2 Declaration of Service

View on PACER

Letter Motion from Richard Dellheim for United States of America requesting leave to file reply brief submitted to Judge Sharpe. (Dellheim, Richard) (Entered: 10/31/2011)

RESPONSE in Opposition re 23 First MOTION to Intervene and Memorandum in Support filed by United States of America. (Berkower, Risa) (Entered: 10/31/2011)

RESPONSE to Motion re 23 First MOTION to Intervene and Memorandum in Support indicating that the State of New York defendant takes no position on the motion filed by State of New York. (Boivin, Bruce) (Entered: 10/31/2011)

Letter Motion from Intervenor requesting leave to file a reply for David L Lewis requesting Leave to file a reply to Defendant's response papers submitted to Judge Gary L. Sharpe. (Lewis, David) (Entered: 11/01/2011)

Letter dated October 31, 2011 by Richard Dellheim, Esq., and Order granting request. Reply papers are to be filed on or before November 18, 2011. The motion hearing has been rescheduled for December 1, 2011 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. Signed by Judge Gary L. Sharpe on 11/04/11. (jel, ) (Entered: 11/04/2011)

LETTER/ORDER Request is granted. Reply papers are to be filed on or before November 18, 2011. Reply papers are not to EXCEED ten (10) pages in length. The motion hearing has been rescheduled for December 1, 2011 at 9:00 a.m. on SUBMIT only. No personal appearances are needed. Signed by Judge Gary L. Sharpe on 11/04/2011. (jel, ) (jel, ). (Entered: 11/04/2011)

CLERK'S CORRECTION OF DOCKET ENTRY - Uploaded corrected document to the 37 Letter/Order (jel, )

Letter dated October 31, 2011 from various civic and voting rights organizations to the court. (jel, ) (Entered: 11/04/2011)

NOTICE by United States of America (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Berkower, Risa) (Entered: 11/16/2011)

MEMORANDUM OF LAW Intervenors Reply Memorandum of Law filed by David L Lewis. (Lewis, David) (Entered: 11/17/2011)

TEXT ONLY NOTICE of Hearing on Motion 16 MOTION Supplemental and Permanent Relief, 23 First MOTION to Intervene and Memorandum in Support : Motion Hearing set for 12/12/2012 at 02:30 PM in Albany before Judge Gary L. Sharpe. Oral argument will be required. (jel, )

AMENDED TEXT ONLY NOTICE of Hearing on Motion 16 MOTION Supplemental and Permanent Relief, 23 First MOTION to Intervene and Memorandum in Support : Motion Hearing set for 12/12/2011 at 02:30 PM in Albany before Judge Gary L. Sharpe. Oral argument will be required. (jel, )

REPLY to Response to Motion re 16 MOTION Supplemental and Permanent Relief filed by United States of America. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Berkower, Risa) (Entered: 11/18/2011)

1 Exhibit(s) A

View on PACER

2 Exhibit(s) B

View on PACER

3 Exhibit(s) C

View on PACER

Letter Motion from Jeffrey M. Dvorin for State of New York requesting leave to file supplemental papers submitted to Judge Gary L. Sharpe. (Attachments: # 1 Declaration Certificate of Service)(Dvorin, Jeffrey) (Entered: 11/22/2011)

TEXT ONLY ORDER granting 42 Letter requesting leave to file supplemental papers by NOON on December 6, 2011. Supplemental papers are not to EXCEED (10) TEN pages in length. Issued by Judge Gary L. Sharpe on 11/29/2011. (jel, )

Letter Motion from Jeffrey Dvorin for State of New York requesting enlargement of page limit for supplemental reply papers submitted to Judge Sharpe. (Dvorin, Jeffrey) (Entered: 12/05/2011)

ORDER granting 43 Letter requesting enlargement of page limit for supplemental reply papers. Signed by Judge Gary L. Sharpe on 12/6/2011. (jel, ) (Entered: 12/06/2011)

RESPONSE to Motion re 23 First MOTION to Intervene and Memorandum in Support, 16 MOTION Supplemental and Permanent Relief filed by State of New York. (Attachments: # 1 Exhibit(s) letter from the Speaker of the New York State Assembly, # 2 Declaration Declaration of Laura P. Costello and Jerry O. Eaton)(Dvorin, Jeffrey) (Entered: 12/06/2011)

TRANSCRIPT REQUEST Expedited by The New York State Board of Elections for proceedings held on 12/12/2011 before Judge Sharpe.. (Collins, Paul) (Entered: 12/12/2011)

Minute Entry for proceedings held before Judge Gary L. Sharpe: CRD: John Law. Motion Hearing held on 12/12/2011 re 23 First MOTION to Intervene and Memorandum in Support filed by David L Lewis, 16 MOTION Supplemental and Permanent Relief filed by United States of America. Appearances Made: Richard A. Dellheim, Earnest McFarland, Risa Berkhower, Esqs., for the plaintiff, Jeffrey M. Dvorin, Esq., for the State of New York, Kimberly Galvin and Paul Collins, Esqs., for the State Board of Elections and David Lewis, Esq., for the movant New York State Senate. Court turns the governments pending motion and the Senates Motion to Intervene. Court turns to the motion to intervene. Atty. Lewis states his position in the papers. Court denies the motion to intervene. Court states conversant with Rule 24. Court will take his suggestions as amicus. Court states parties before the court can take the interests of the people. Atty. Berkhower states two forms of relief from the motion. Court states proposal to the parties. Atty. Berkhower continues with the governments position. Atty. Dvorin states the State of New Yorks position. State concurs with primary date. States the disputes the State has. Atty. Galvin states the New York State Board of Elections position. Atty. Berkhower states further argument on behalf of the plaintiff. Atty. Collins states the Boards position. Atty. Berkhower states could provide a revised order to the court. Court would appreciate that. Court gives the parties (7) Seven days to submit concrete proposals which would be December 19, 2011. Gives the parties (7) Seven days to respond. Court then will issue an order within (2) two weeks. (Court Reporter Lisa Tennyson) Time: 2:30-3:25 p.m. (jel, ) (Entered: 12/13/2011)

TRANSCRIPT of Proceedings: MOTION HEARING held on December 12, 2011, before Judge Gary L. Sharpe, Court Reporter: Lisa L. Tennyson, Telephone number: (518) 257-1823. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2012. Redacted Transcript Deadline set for 1/13/2012. Release of Transcript Restriction set for 3/12/2012. Notice of Intent to Redact due by 12/19/2011 (lt, ) (Entered: 12/13/2011)

Letter from Doug Colety, Republican Commissioner Westchester County Board of Elections. (jel, ) (Entered: 12/13/2011)

Letter from Rachel Bledi, Republican Commissioner Albany County Baord of Elections. (jel, ) (Entered: 12/13/2011)

Letter from Thomas A. Nichols, St. Lawrence County Republican Commissioner of Elections. (jel, ) (Entered: 12/13/2011)

RESPONSE to Motion re 16 MOTION Supplemental and Permanent Relief filed by The New York State Board of Elections. (Attachments: # 1 Appendix, # 2 Appendix)(Collins, Paul) (Entered: 12/19/2011)

1 Appendix

View on PACER

2 Appendix

View on PACER

NOTICE by United States of America Notice of Proposed Order (Attachments: # 1 Proposed Order/Judgment)(Berkower, Risa) (Entered: 12/19/2011)

RESPONSE to Motion re 16 MOTION Supplemental and Permanent Relief filed by State of New York. (Attachments: # 1 Exhibit(s) Letter from the Speaker of the New York State Assembly, # 2 Proposed Order/Judgment Proposed Order of the New York State Assembly, # 3 Exhibit(s) Letter from Laura P. Costello and Veronica Olin)(Dvorin, Jeffrey) (Entered: 12/19/2011)

1 Exhibit(s) Letter from the Speaker of the New York State Assembly

View on PACER

2 Proposed Order/Judgment Proposed Order of the New York State Assembly

View on PACER

3 Exhibit(s) Letter from Laura P. Costello and Veronica Olin

View on PACER

REPLY to Response to Motion re 16 MOTION Supplemental and Permanent Relief Correction of Typographical Error filed by The New York State Board of Elections. (Attachments: # 1 Appendix Correction of Typograhical Error)(Collins, Paul) (Entered: 12/20/2011)

LETTER BRIEF by David L Lewis. (Lewis, David) (Entered: 12/22/2011)

RESPONSE TO LETTER BRIEF filed by United States of America as to 54 Response to Motion, filed by State of New York. (Berkower, Risa) (Entered: 12/27/2011)

Letter from Wayne T. Rogers, Republican Commissioner, Suffolk County Board of Elections, to the Court. (jel, ) (Entered: 12/28/2011)

MEMORANDUM-DECISION and ORDER - that the United States motion for permanent and supplemental relief (Dkt. No. 16) is GRANTED; and it is furtherORDERED that: (1)Notwithstanding any current state law or administrative procedure to the contrary, New York shall conduct its 2012 non-presidential federal primary election on a date no later than 35 days prior to the 45-day advance deadline set by the MOVE Act for transmitting ballots to the States military and overseas voters, i.e., at least 80 days before the November 6, 2012 federal general election. In 2012, that date shall be June 26, 2012. (2)In subsequent even-numbered years, New York's non-presidential federal primary date shall be the fourth Tuesday of June, unless and until New York enacts legislation resetting the non-presidential federal primary election for a date that complies fully with all UOCAVA requirements, and is approved by this court. (3)For the purposes of determining the date and time for performing any act prescribed by any law and/or administrative procedure applicable to New York's non-presidential federal primary, such non-presidential federal primary election date shall be deemed to be held on the dates provided in paragraphs (1) and (2) above. (4)The New York State Board of Elections ("NYSBOE") all, within five (5) days of this Order, provide the court with a proposed non-presidential federal primary election calendar for all statutory and administrative election-related deadlines based upon the non-presidential federal primary election date set by the court. The United States shall have five (5) days to respond. Once approved by the court, the NYSBOE shall have ten (10) days to take all steps necessary to adopt and promulgate this non-presidential federal primary calendar. (5) Having promulgated an approved non-presidential federal primary election calendar, the NYSBOE shall take all steps necessary to ensure that such non-presidential federal primary election calendar is implemented by and complied with by local boards of election. To this end, and to ensure future UOCAVA compliance, the parties shall confer as to an appropriate schedule for defendants to provide pre-election reporting to the United States with respect to the States UOCAVA compliance. (6)Within fourteen (14) days of this Order, the parties, having conferred, shall provide the court with a list of those county boards of elections, if any, to be re-surveyed concerning UOCAVA ballots from the 2010 federal general election, along with an explanation of any differences between the parties' proposals. (7)If necessary and appropriate, the court will determine the list of counties to be re-surveyed. Within seven (7) days of that determination, the NYSBOE shall transmit the attached questionnaire concerning ballots transmitted to voters in the 2010 federal general election pursuant to UOCAVA to each county board of elections on that list with instructions for the chief official or officials of each county board to certify the accuracy of the boards responses to the questionnaire. (8)Defendants shall instruct each affected county board of elections that each completed questionnaire must be returned to the NYSBOE within thirty (30) days of its receipt. After consulting with counsel for the United States, the NYSBOE shall file all completed questionnaires with this court within sixty (60) days of this Order, along with an accurate summary of the survey results, and, if necessary, an explanation as to why the survey results are incomplete. The United States may respond to this filing within ten (10) days. This court retains jurisdiction to take all appropriate steps to ensure the completeness and accuracy of the information provided by defendants and the county boards of elections. (9)After the actions in paragraphs (7) and (8) above are complete, defendants shall ensure that local election officials in New York State take such steps as are necessary to count as validly-cast ballots in the November 2, 2010 federal general election all those ballots cast for federal offices, including Federal Write-in Absentee Ballots, requested up to and including October 10, 2010 and transmitted to overseas and military voters after that date but received by such election officials after November 24, 2010, so long as such ballots are executed and postmarked, or show a dated endorsement of receipt by another agency of the United States government (or in the case of military voters, are signed and dated by the military voter and one witness thereto) by November 1, 2010 and are otherwise valid under New York law. (10)Within twenty (20) days of the completion of the actions required by paragraphs (7)-(9) above, defendants shall, after consulting with the United States, present a plan to the court detailing the procedures it will employ to count such ballots and certify the votes for federal offices. Defendants shall conclude ballot counting and recertification of all affected ballots within thirty (30) days after the court approves the ballot counting and recertification plan. (11)Defendants shall take all reasonable steps to notify all affected voters of the terms of this Order and that their votes were counted in the 2010 federal general election. (12)Defendants shall file a report with this court, in a format to be agreed upon by the parties, no later than five (5) days following the completion of any recertification process, detailing the number of UOCAVA absentee ballots, by county, that meet the conditions of this Order and that have been counted for the November 2, 2010 federal general election. The report will set forth the following information, by county, categorized by absent uniformed services voters with APO/FPO addresses or non-US street addresses; uniformed services voters at a street address within the US; and overseas civilian voters: a.The number of absentee ballots requested by UOCAVA voters between October 1, 2010 and October 10, 2010;b.The number of absentee ballots requested by UOCAVA voters between October 1, 2010 and October 10, 2010 but sent to such voters after October 10, 2010; c.The number of absentee ballots identified in subparagraph (b) that were received from UOCAVA voters later than the close of business on November 24, 2010 and rejected solely for that reason; andd.The number of absentee ballots that, pursuant to this Order, have been counted and included in recertified election totals. (13)This court shall retain jurisdiction to ensure additional relief as appropriate. Signed by Chief Judge Gary L. Sharpe on 1/27/2012. (jel, ) (Entered: 01/27/2012)

LETTER BRIEF by Commissioners Walsh and Peterson by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 02/01/2012)

STATUS REPORT Proposed Calendar from Kellner and Aquila by The New York State Board of Elections. (Collins, Paul) (Entered: 02/01/2012)

LETTER BRIEF by United States of America. (Berkower, Risa) (Entered: 02/06/2012)

Letter Motion from Paul M. Collins on behalf of Commissioners Aquila and Kellner for The New York State Board of Elections requesting Proposed Supplemental Remedial Order submitted to Judge Sharpe . (Attachments: # 1 Proposed Order/Judgment Cover Letter for Proposed Supplemental Remedial Order)(Collins, Paul) (Entered: 02/09/2012)

MEMORANDUM-DECISION and ORDER - That the court adopts the Aquila-Kellner calendar (Dkt. No. 61 at 10-16). That the parties shall file a status report on or before March 9, 2012, and every thirty (30) days thereafter, which, among other things, informs the court of New York's progress in complying with the court's orders. Signed by Chief Judge Gary L. Sharpe on 2/9/2012. (jel, ) (Entered: 02/09/2012)

Kellner/Aquila Letter Motion from Paul M. Collins for The New York State Board of Elections requesting Execution of Proposed Supplemental Remedial Order submitted to Judge Sharpe . (Collins, Paul) (Entered: 02/09/2012)

Joint MOTION for entry of order filed by United States of America. (Attachments: # 1 Memorandum of Law, # 2 Proposed Order/Judgment) Motions referred to Randolph F. Treece. (Berkower, Risa) (Entered: 02/10/2012)

ORDER - In accordance with the Courts January 27, 2012 order, the Court hereby concludes that: 1. The United States filed this action on October 12, 2010, to remedy violations of the Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA), 42 U.S.C. §§ 1973ff to 1973ff-7, as amended by the Military and Overseas Voter Empowerment Act, (MOVE Act), Pub. L. No. 111-84, Subtitle H, §§ 575-589, 123 Stat. 2190, 2318-2335 (2009). 2. UOCAVA guarantees active duty members of the uniformed services (and their spouses and dependents) and United States citizens residing overseas the right to vote by absentee ballot in general, special, primary, and runoff elections for federal office. 42 U.S.C. § 1973ff-1. 3. New York is responsible for complying with UOCAVA and ensuring that validly-requested absentee ballots are sent to UOCAVA voters in accordance with its terms. 42 U.S.C. §§ 1973ff-1 & 1973ff-6(6). 4. New York failed to transmit all UOCAVA ballots in accordance with UOCAVA in the 2010 federal general election. 5. In the time since the 2010 federal general election, New York provided the United States and the Court with data concerning the transmission and receipt of UOCAVA ballots in that election in an effort to determine which, if any, voters were disenfranchised due to New Yorks failure to comply with UOCAVA. 6. At the present time, insufficient data has been obtained from the following 11 counties to determine whether UOCAVA voters in those counties were disenfranchised in the 2010 federal general election: Bronx, Kings, Nassau, New York, Niagara, Queens, Schenectady, Staten Island, Suffolk, Westchester, and Ulster. Accordingly, it is ORDERED that: (1) Within 7 days of this Order, the New York State Board of Elections (NYSBOE) shall transmit the attached questionnaire to each county board of elections on the above list with instructions for the chief officials of each county board to certify the accuracy of the boards responses to the questionnaire. (2) The parties shall administer the survey and take all other steps required by the Court in paragraphs (7) through (12) of the Courts January 27, 2012 order. (3) To ensure New Yorks compliance with UOCAVA for the 2012 federal elections, and in accordance with paragraph (5) of the Courts January 27, 2012 order, the NYSBOE shall meet and confer with counsel for the United States 14 days and 7 days prior to each federal election in 2012 to provide the United States with a status update concerning New Yorks efforts to ensure UOCAVA compliance and the effectiveness of those efforts. (4) To further ensure New Yorks compliance with UOCAVA for the 2012 federal elections, and in accordance with paragraph (5) of the Courts January 27, 2012 order, the NYSBOE shall file the following pre-election reports with counsel of record for the United States: a. Beginning the 55th day prior to each Federal election, survey each New York county to determine: (1) whether each county has received a sufficient number of printed absentee ballots sufficiently ahead of the 45-day mailing deadline to transmit those ballots as required by UOCAVA; (2) whether each county has the technical capacity to transmit all requested ballots by the requested method of transmission; (3) whether any county anticipates difficulties or a situation that would prevent it from transmitting all requested ballots to UOCAVA voters by the requested method of transmission and by the appropriate deadline; and (4) whether it would be appropriate for Defendants to provide additional support to any county to ensure that it meets the appropriate deadlines. Defendants shall provide the results of their survey to counsel for the United States in a format agreed to by the parties no later than 5:00 pm Eastern time on the 48th day before each Federal election. b. By the 45th day prior to each Federal election, obtain written or electronic certifications, in a format agreed to by the parties, of: (1) the number of absentee ballot applications received by each county on or before the 45th day before each Federal election from any voter entitled to vote pursuant to UOCAVA and the method of transmission requested; (2) the date on which the county began sending absentee ballots to those UOCAVA voters; (3) the date on which and method of transmission by which the county completed sending those absentee ballots; and (4) an affirmative declaration that all UOCAVA ballots requested by the 45th day were transmitted by the 45th day by the requested method of transmission. c. Compile the data provided by the counties described in paragraph (4)(b) above into a spreadsheet format devised in consultation with the United States and transmit the spreadsheet electronically to counsel for the United States no later than 5:00 pm Eastern time on the 43rd day before each Federal election. d. Certify in writing to counsel for the United States that all of the data reported pursuant to paragraph (4)(b) of this Supplemental Decree is accurate to the best of their knowledge. e. Obtain written or electronic certifications, in a format agreed to by the parties, of: (1) the number of absentee ballot applications received by each county after the 45th day and on or before the 30th day before each Federal election from any voter entitled to vote pursuant to UOCAVA and the method of transmission requested; and (2) the date on which and method of transmission by which the county sent the requested ballots; and (3) an affirmative declaration that all UOCAVA ballots requested after the 45th day and on or before the 30th day were transmitted promptly by the requested method of transmission. f. Compile the data provided by the counties described in paragraph (4)(e) above into a spreadsheet format devised in consultation with the United States and transmit the spreadsheet electronically to counsel for the United States no later than 5:00 pm Eastern time on the 29th day before each Federal election. g. Certify in writing to counsel for the United States that all of the data reported pursuant to paragraph (4)(e) of this Supplemental Decree is accurate to the best of their knowledge. (5) Within two weeks of the date election results are certified for each federal election in 2012, NYSBOE shall file a report with counsel of record for the United States concerning the number of UOCAVA absentee ballots, by county, received and counted for each of those elections. The report will set forth the following information, by county, categorized by absent uniformed services voters with APO/FBP addresses or non-US street addresses; uniformed services voters at a street address within the US; and overseas civilian voters: a. The number of absentee ballots from UOCAVA voters received by local election officials before the close of business on the day of the final ballot receipt deadline for UOCAVA voters, as specified in N.Y. Election Law § 11-212, and counted; b. The number of absentee ballots from UOCAVA voters received after the close of business on the day of the final ballot receipt deadline for UOCAVA voters specified in N.Y. Election Law § 11-212; and c. The number of absentee ballots from UOCAVA voters that were not counted in the election for reasons other than late receipt, and the reasons such ballots were not counted. (6) This Court shall retain jurisdiction to ensure additional relief as appropriate. Signed by Chief Judge Gary L. Sharpe on 2/14/2012. (jel, ) (Entered: 02/14/2012)

STATUS REPORT by State of New York, The New York State Board of Elections. (Galvin, Kimberly) (Entered: 03/09/2012)

STATUS REPORT Resurveys with NYSBOE summary by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 03/30/2012)

STATUS REPORT April 9, 2012 status report by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 04/09/2012)

STATUS REPORT by State of New York, The New York State Board of Elections. (Galvin, Kimberly) (Entered: 05/09/2012)

STATUS REPORT June 2012 by State of New York, The New York State Board of Elections. (Galvin, Kimberly) (Entered: 06/08/2012)

Letter Motion from Paul M. Collins for The New York State Board of Elections requesting Correcton of Date in Prior Order upon consent submitted to Judge Sharpe . (Collins, Paul) (Entered: 06/11/2012)

LETTER/ORDER granting 73 Letter requesting Correcton of Date in Prior Order upon consent. Signed by Chief Judge Gary L. Sharpe on 6/25/2012. (jel, ) (Entered: 06/25/2012)

STATUS REPORT August 6, 2012 by State of New York, The New York State Board of Elections. (Galvin, Kimberly) (Entered: 08/06/2012)

Letter Motion from New York State Board of Elections for State of New York, The New York State Board of Elections requesting Ordering of procedure and relief from specific provision in prior order submitted to Judge Sharpe . (Galvin, Kimberly) (Entered: 08/15/2012)

ORDER granting 76 Letter requesting Ordering of procedure and relief from specific provision in prior order. Signed by Chief Judge Gary L. Sharpe on 8/21/2012. (jel, ) (Entered: 08/21/2012)

STATUS REPORT September 5, 2012 by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 09/05/2012)

STATUS REPORT OCTOBER 5, 2012 by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 10/05/2012)

STATUS REPORT November 2012 by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 11/14/2012)

MOTION to Withdraw as Attorney by Risa Berkower filed by United States of America. (Attachments: # 1 Proposed Order/Judgment) Motions referred to Randolph F. Treece. (McFarland, Ernest) (Entered: 11/28/2012)

ORDER granting 81 MOTION to Withdraw as Attorney by Risa Berkower filed by United States of America. Signed by Chief Judge Gary L. Sharpe on 11/30/2012. (jel, ) (Entered: 11/30/2012)

STATUS REPORT December 4 2012 by The New York State Board of Elections. (Galvin, Kimberly) (Entered: 12/04/2012)

Letter Motion from State Board of Elections for The New York State Board of Elections requesting Supplemental Remedial Order submitted to Judge Sharpe . (Attachments: # 1 Proposed Order/Judgment)(Collins, Paul) (Entered: 12/06/2013)

SUPPLEMENTAL REMEDIAL ORDER. Signed by Chief Judge Gary L. Sharpe on 12/12/2013. (jel, ) (Entered: 12/12/2013)

NOTICE of Appearance by Brian L. Quail on behalf of The New York State Board of Elections (Quail, Brian) (Entered: 10/27/2015)

STATUS REPORT Need for Supplemental Order by The New York State Board of Elections. (Attachments: # 1 Proposed Order/Judgment, # 2 Exhibit(s))(Quail, Brian) (Entered: 10/28/2015)

SUPPLEMENTAL REMEDIAL ORDER. Signed by Judge Gary L. Sharpe on 10/29/2015. (jel, ) (Entered: 10/29/2015)

Letter Motion from New York State Board of Elections (Brian L. Quail and Kimberly A. Galvin) for The New York State Board of Elections requesting Supplemental Remedial Order submitted to Judge Hon. Gary L. Sharpe . (Attachments: # 1 Proposed Order/Judgment Proposed remedial order to effectuate 2018 federal political calendar, # 2 Exhibit(s) calendar change descriptions and draft integrated calendar)(Quail, Brian) (Entered: 11/16/2017)

CERTIFICATE OF SERVICE by The New York State Board of Elections re 89 Letter Motion from New York State Board of Elections (Brian L. Quail and Kimberly A. Galvin) for The New York State Board of Elections requesting Supplemental Remedial Order submitted to Judge Hon. Gary L. Sharpe (Quail, Brian) (Entered: 11/17/2017)

SUPPLEMENTAL REMEDIAL ORDER. Signed by Senior Judge Gary L. Sharpe on 11/21/2017. (jel, ) (Entered: 11/21/2017)

Letter Motion from Brian Quail and Kimberly Galvin for The New York State Board of Elections requesting supplemental order submitted to Judge Sharpe . (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Proposed Order/Judgment)(Quail, Brian) (Entered: 05/05/2022)

1 Exhibit(s)

View on PACER

2 Exhibit(s)

View on PACER

3 Proposed Order/Judgment

View on PACER