Bill of Particulars in True the Vote v Delbert Hosemann and MSGOP

8/12/2019 Bill of Particulars in True the Vote v Delbert Hosemann and MSGOP

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IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

True the Vote, Jane Coln, Brandie Correro,Chad Higdon, Jennifer Higdon, GeneHopkins, Frederick Lee Jenkins, MaryJenkins, Tavish Kelly, Donna Knezevich,Joseph Knezevich, Doris Lee, Lauren Lynch,

Norma Mackey, Roy Nicholson, MarkPatrick, Julie Patrick, Paul Patrick, DavidPhilley, Grant Sowell, Sybil Tribble, LauraVanOverschelde, and Elaine Vechorik

Plaintiffs,v.

The Honorable Delbert Hosemann, in hisofficial capacity as Secretary of State for theState of Mississippi, The Republican Party ofMississippi, Copiah County, MississippiElection Commission, Hinds County,Mississippi Election Commission, JeffersonDavis County, Mississippi ElectionCommission, Lauderdale County,Mississippi Election Commission, LeakeCounty, Mississippi Election Commission,Madison County, Mississippi Election

Commission, Rankin County, MississippiElection Commission, Simpson County,Mississippi Election Commission, and YazooCounty, Mississippi Election Commission

Defendants.

Cause No. 3:14-cv-00532-HTW-LRA

BILL OF PARTICULARS

Come now Plaintiffs True the Vote, et. al. and in accordance with the Courts

instruction given July 16, 2014 at the initial status conference hearing, file this Bill of

Particulars as follows:

Case 3:14-cv-00532-NFA Document 25 Filed 07/17/14 Page 1 of 11


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(1) Plaintiffs have provided verified testimony indicating that absentee ballotapplications have been thrown away at the direction of Executive Committee Membersof the Republican Party of Mississippi1;

(2) Plaintiffs have provided verified testimony that original poll books

information is being destroyed with sharpie and white out pen2;

(3) Plaintiffs have verified the facts recited in their Motion for TemporaryRestraining Order;

(4) In addition to the forgoing, True the Vote volunteers and the Mississippivoters listed below

3made requests

4for un-redacted voter poll books and voting records

5,

and were denied, from the following counties on the following dates:

Name Date County Description of Request

Gregg Prentice July 7, 2014 Copiah Visited Circuit Clerks office in theafternoon and orally requested accessto absentee ballot applications,envelopes, voting poll books andvoting records. Was told Mississippilaw prohibited the general publicfrom accessing any voter records.

1See Doc. 9-1 (verification to Motion for Temporary Restraining Order by Phillip C. Harding, III,

indicating that provisional ballots had not been counted and that absentee applications and envelopes werethrown away).2 See Doc. 20-3(Witness statement stating that Rankin County original poll books were altered withwhite-out pen);see alsoDoc. 20-4 (declaration that Harrison County original poll books were altered withsharpie and white-out pen).3 This list is non-inclusive. Additional documented requests were made in Scott County, Winston County,Neshoha County, Jefferson County, Adams County, Noxubee County, Humphreys County, IssaqueraCounty, Holmes County, Newton County and Kemper County.

4 True the Vote provided written notice to the Cochran Campaign (See Letter dated July 6, 2014 by Ms.Engelbrecht, attached hereto as Exhibit 1), the McDaniel Campaign (SeeLetter dated July 6, 2014 by Ms.Engelbrecht, attached hereto as Exhibit 3), Mississippi Democratic Party (SeeLetter dated July 6, 2014 byMs. Engelbrecht, attached hereto as Exhibit 2), and the Mississippi Republican Party ( See Letter datedJuly 6, 2014 by Ms. Engelbrecht, attached hereto as Exhibit 4) that True the Vote would be auditingelection documents utilized in the June 24th Republican Senate Primary Runoff Election.5 The Secretary of State appears to have taken the position the general public may not access voter recordsand that even if granted access, birth dates should be redacted pursuant to Mississippi law thusindicating the heart of the matter application of Mississippi state statute is in violation of federal law.



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Jeanne Webb July 7, 2014 Copiah Written request to review poll booksand absentee applications made. Wastold that the documents were notavailable for review, and that the poll

books would need to be redacted.6

Melinda Kinley July 7, 2014 Hinds Made a written request7 for voter pollbooks and other records with Ms.Wall to Election CommissionerCochran and Hinds County CircuitClerks Office and was denied accessto the run-off poll books.

Melinda Kinley July 8, 2014 Hinds Made a written request for voter pollbooks and other records with Ms.Wall from the Hinds County CircuitClerks Office and was denied access

to poll books.Ruth Wall July 7, 2014 Hinds Made a written request for voter poll

books and other records to ElectionCommissioner Cochran and HindsCounty Circuit Clerks Office andwas denied access to the run-off poll

books.

Ruth Wall July 8, 2014 Hinds Made a written request for voter pollbooks and other records from HindsCounty Circuit Clerks Office and

was denied access to poll books.Jan Loar July 7, 2014 Hinds Made an oral request for voter

records in Hinds County to ElectionCommissioner Cochran as part of aTrue the Vote volunteer group.Commissioner Cochran advised thevolunteer group that the Countywould not make records available forcopying or inspection. Later, thegroup made a handwritten request for

voter records and submitted therequest the Hinds County Circuit.

6 SeeIncident Report by Ms. Webb, dated July 7, 2014 (pertaining to Copiah County), attached heretoas Exhibit 5.7

Seewritten request by Melinda Kinley, filed with Circuit Clerk July 7, 2014, attached hereto as Exhibit6.



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Julia Hoenig July 7, 2014 JeffersonDavis

Orally requested records from theCircuit Clerks office. A deputy clerknamed Michelle Williams advisedthat no electronic poll books,absentee ballot applications or

envelopes would be provided to thegeneral public. At a later visit, thevolunteer group was advised anyrecords made available would besubject to redacting dates of birthfrom such records.

Mike Rowley July 7, 2014 JeffersonDavis

Went to the Circuit Clerks office inperson with a group of volunteersrequesting voter poll books. TheCircuit Clerk advised the group that

no records would be made publicallyavailable for inspection and later toldthe group that records may be

produced, provided voter birth dateswere redacted from such records.8

Karen Hobson July 7, 2014 Lauderdale Requested voter polls books andother records in writing and gavesuch request to the Circuit Clerk. TheClerk office advised that confidentialinformation may need to be redacted

from the records prior to theirproduction.

9

John Hobson July 7, 2014 Lauderdale Requested voter polls books andother records in writing and gavesuch request to the Circuit Clerk. TheClerk office advised that confidentialinformation may need to be redactedfrom the records prior to their

production.

8SeeDeclaration of Mike Rowley, attached hereto at Exhibit 7.

9SeeIncident Report by John and Karen Hobson, dated July 7, 2014 (pertaining to Lauderdale County

request) attached hereto as Exhibit 8.



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Ellen Swenson July 7, 2014 Leake Written request for voter rolls, pollbooks, absentee ballot applications,absentee ballot request forms, andabsentee ballot envelopes. Wasinformed that AG instructed Clerk to

make the poll books available, butonly with the birthdates redactedtherefrom at Ms. Swenson and Ms.Morses cost.10

Susan Morse July 7, 2014 Leake Written request for voter rolls, pollbooks, absentee ballot applications,absentee ballot request forms, andabsentee ballot envelopes. Wasinformed that AG instructed Clerk tomake the poll books available, but

only with the birthdates redactedtherefrom at Ms. Swenson and Ms.Morses cost.11 Denied access toother records.

12

SteveCrampton

June 26, 2014 Lee Orally asked to view poll books fromJoyce Loftin in Lee County and wasdenied based on confidentialityconcerns. Records were later

produced but with birth datesredacted.

SandiSteinbacher

July 7, 2014 Madison13

Went to the Circuit Clerks office inMadison County and requested accessto voter rolls for copies or inspection.Circuit Clerks office informed therecords would not be made available

pursuant to Mississippi law unless thegroup agreed to pay to redacted voter

birth dates.

10SeeIncident Report by Ms. Swenson, dated July 7, 2014 (pertaining to Leake County request)

attached hereto as Exhibit 9.11 SeeIncident Report by Ms. Morse, dated July 7, 2014 (pertaining to Leake County request) attachedhereto as Exhibit 10.12 SeeIncident Report by Ms. Morse, dated July 8, 2014 (pertaining to Leake County request) attachedhereto as Exhibit 11.13 See Letter from Madison County Circuit Clerk, dated July 8, 2014, attached hereto as Exhibit 12(indicating that poll books must have birth dates redacted).



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Mary KathrynArmstrong

July 7, 2014 Madison Went to the Circuit Clerks officewith a group of True the Votevolunteers. Made an oral request toCircuit Clerks office for voter rolls.Circuit Clerks office informed the

records would not be made availableto the general public for inspection

pursuant to Mississippi law per Ms.Westbrooks instruction. The ClerksOffice advised that even if recordswould be made available, the recordswould have to be redacted of voter

birth dates at a cost of $.25 per page.

Jeanne Webb July 7, 2014 Rankin Visited Rankin County CircuitClerks office in person with Julia

Hoenig to request access to pollbooks from Circuit Clerk Boyd.Completed written request for recordsat Clerk Boyds direction. ClerkBoyd informed the volunteers thatthey would be granted access only toredacted records at a cost to them of$.50/page or $20/hour. Redactedinformation included dates of birth.

Gregg Prentice July 8, 2014 Rankin Visited Rankin County Circuit

Clerks office with a group of Truethe Vote volunteers and requestedvoter poll books and other recordsincluding absentee ballot applicationsand envelopes from Circuit ClerkBoyd, who advised that recordswould only be made available ifredacted and she proceeded to redactvoter birth dates on the first page ofthe original voter roll records.

Roy Nicholson June 27, 2014 Rankin Orally requested access to voter pollbooks from Circuit Clerk Boyd.Informed the clerks office could notand would not make records availableto the general public.14

14 SeeDeclaration of Roy Nicholson, dated July 16, 2014, attached hereto as Exhibit 13.



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Mike Rowley July 7, 2014 Rankin Went to the Circuit Clerks office inperson with a group of volunteersrequesting poll books and absenteeapplications, among other records.The group made an oral request for

records to Circuit Clerk Boyd whoinitially advised them that no recordswould be made publically available.Circuit Clerk Boyd later advised thatthe records could be made available

but only after redacting voter birthdates. She informed the group itwould have to pay for the cost of suchredaction.

Julia Hoenig July 7, 2014 Rankin Visited Rankin County Circuit

Clerks office in person with a groupof True the Vote volunteers to requestaccess to poll books from CircuitClerk Boyd. The Circuit Clerkinformed the volunteers they were notentitled, as members of the general

public, to inspect absentee ballotapplications or voter poll books.15

The Clerk relied on MississippiStatute 23-15-911 and instructions

from the Secretary of State asgrounds for the decision. After beinginstructed to fill out a request for therecords, the group completed awritten request for records, asking toreview electronic poll books.Concerning the voter poll books,Clerk Boyd informed the volunteersthat they would be granted accessonly to redacted records at $.50/pageor $20/hour. Redacted informationincluded dates of birth.

15 See Incident Report by Julia Hoenig, dated July 7, 2014 (concerning Rankin County), attached heretoas Exhibit 14.



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Michael(Mike)Rowley

July 7, 2014 Simpson Went to the Circuit Clerks office inperson with a group of volunteers andmade written request for voter poll

books.16 The Circuit Clerk advisedthe group that no records would be

made publically available forinspection and later told the groupthat records may be produced,

provided voter birth dates wereredacted from such records. Thegroup was further advised that the

poll books were located at the boardof elections rather than clerksoffice.

Gregg Prentice July 8, 2014 Simpson Visited Circuit Clerks office and

orally requested access to absenteeballot applications and envelopesalong with voter poll books. Wasdenied any access to absentee votermaterials, based on circuit clerksinterpretation of Mississippi law

prohibiting and general public accessto such records.

Julia Hoenig July 7, 2014 Simpson Requested (written) records fromthe Circuit Clerks office. A deputy

clerk named LuAnn Bailey offeredthe following day that the Countycould make voter poll books availableonly with redactions.

Roberta Swank July 7, 2014 Yazoo Requested to review absentee ballotsand poll books from primary and runoff. Was informed they must pay fora county employee to redact the poll

book at $1 page for 700 pages. Theninformed they could not review other

records because they did not havesufficient credentials and werelocked out.

18

16 SeeIncident Report by Julia Hoenig, dated July 8, 2014 (with written records request signed by Mr.Rowley), attached hereto as Exhibit 15.17 SeeExhibit 15.18

See Incident Report by Roberta Swank and Erin Anderson, dated July 7, 2014 (concerning YazooCounty), attached hereto as Exhibit 16.



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A number of these volunteers, who also requested to review absentee ballot

applications and the ballot envelopes, saw a number of disturbing things, including ballot

envelopes that were marked as accepted (indicating they were counted) but never

opened19, absentee ballot ID numbers that didnt match the voters ID number in poll

book20

,and double voting21

. All occurrences are indicia of fraudulent voting activity to

which the Republican Party has not properly responded as it pushed certification

forward22

,in violation of Plaintiffs constitutional rights.

19 SeeIncident Report by Ruth Weiss and Debra Jackson dated July 8, 2014, attached hereto as Exhibit

17.20

SeeIncident Report by Ruth Weiss and Debra Jackson dated July 8, 2014, attached hereto as Exhibit18.21 See Incident Report by Susan Moore dated July 9, 2014 (citing double voting in Noxubee County,Mississippi by Faye Ward), attached hereto as Exhibit 19; see also Incident Report by Susan Moore,dated July 9, 2014 (citing double voting in Noxubee County, Mississippi by Degardiques Mattox),attached hereto as Exhibit 20.22

SeeDoc. 20-2 (Declaration of Kim Lunde with memorandum indicating certification of election resultswere required without properly allowing executive committee members to canvass the vote).



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Respectfully submitted,

/s/ L. Eades Hogue

Joseph M. Nixon pro hac viceTexas State Bar No. 15244800

[email protected] W. McDanald pro hac viceTexas State Bar No. [email protected] H. Leonard pro hac viceTexas State Bar No. [email protected], MAYNARD& PARSONS, LLP

1300 Post Oak Blvd, Suite 2500Houston, Texas 77056(713) 623-0887 Tel.(713) 960-1527 Fax

L. Eades HogueMississippi State Bar No. 2498Louisiana State Bar No. [email protected], MAYNARD& PARSONS, LLPPan-American Life Center601 Poydras StreetSuite 2200

New Orleans, LA 70130(504) 586-1241 Tel.

(504) 584-9142 FaxLead Counsel

James E. Trey Trainor, III. pro hac viceTexas State Bar No. [email protected], MAYNARD& PARSONS, LLP401 W. 15th Street, Suite 845Austin, TX 78701

(512) 623-6700 Tel.(512) 623-6701 Fax

Counsel for Plaintiffs

mailto:[email protected]:[email protected]


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CERTIFICATE OF SERVICE

I hereby certify that on July 17, 2014 a copy of the foregoing instrument and

accompanying exhibits were served on The Republican Party of Mississippi; the Copiah

County, Mississippi Election Commission; the Hinds County, Mississippi Election

Commission; the Jefferson Davis County, Mississippi Election Commission; the

Lauderdale County, Mississippi Election Commission, the Leake County, Mississippi

Election Commission, and the Madison County, Mississippi Election Commission; via

the Courts e-file service. Plaintiffs have served the remaining Defendants, who have not

yet registered to the Courts ECF system for this matter, via United States Postal Service,

in accordance with Federal Rules of Civil Procedure.

/s/ L. Eades Hogue

2013299v.1 IMANAGE 107308



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IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

JACKSON DIVISION

True the Vote, Jane Coln, Brandie Correro,

Chad Higdon, Jennifer Higdon, GeneHopkins, Frederick Lee Jenkins, Mary

Jenkins, Tavish Kelly, Donna Knezevich,

Joseph Knezevich, Doris Lee, Lauren Lynch,

Norma Mackey, Roy Nicholson, Mark

Patrick, Julie Patrick, Paul Patrick, David

Philley, Grant Sowell, Sybil Tribble, Laura

VanOverschelde, and Elaine Vechorik

Plaintiffs,

v.

The Honorable Delbert Hosemann, in his

official capacity as Secretary of State for the

State of Mississippi, The Republican Party of

Mississippi, Copiah County, Mississippi

Election Commission, Hinds County,

Mississippi Election Commission, Jefferson

Davis County, Mississippi Election

Commission, Lauderdale County,

Mississippi Election Commission, LeakeCounty, Mississippi Election Commission,

Madison County, Mississippi Election

Commission, Rankin County, Mississippi

Election Commission, Simpson County,

Mississippi Election Commission, and Yazoo

County, Mississippi Election Commission

Defendants.


APPENDIX VOLUME 1 TO BILL OF PARTICULARS

EXHIBIT 1-10

EXHIBIT DESCRIPTION

1 Letter dated July 6, 2014 by Ms. Engelbrecht to Cochran Campaign

Case 3:14-cv-00532-NFA Document 25-1 Filed 07/17/14 Page 1 of 34


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Letter dated July 6, 2014 by Ms. Engelbrecht to Mississippi Democratic

Campaign

3 Letter dated July 6, 2014 by Ms. Engelbrecht to McDaniel Campaign

4 Letter dated July 6, 2014 by Ms. Engelbrecht to Mississippi Republican Party

5Incident Report by Ms. Webb, dated July 7, 2014 (pertaining to CopiahCounty)

6 Written request by Melinda Kinley, filed with Circuit Clerk July 7, 2014

7 Declaration of Mike Rowley

8

Incident Report by John and Karen Hobson, dated July 7, 2014 (pertaining

to Lauderdale County request)

9

Incident Report by Ms. Swenson, dated July 7, 2014 (pertaining to Leake

County request)

10

Incident Report by Ms. Morse, dated July 7, 2014 (pertaining to Leake

County request)


/s/ L. Eades Hogue

Joseph M. Nixon pro hac vice

Texas State Bar No. 15244800

[email protected]

Kristen W. McDanald pro hac vice


[email protected]

Kelly H. Leonard pro hac vice


[email protected]

BEIRNE, MAYNARD& PARSONS, LLP

1300 Post Oak Blvd, Suite 2500

Houston, Texas 77056

(713) 623-0887 Tel.

(713) 960-1527 Fax

L. Eades Hogue

Mississippi State Bar No. 2498

Louisiana State Bar No. 1960

[email protected]


Pan-American Life Center

601 Poydras Street

Suite 2200

New Orleans, LA 70130

(504) 586-1241 Tel.

(504) 584-9142 Fax

Lead Counsel

James E. Trey Trainor, III. pro hac vice

Texas State Bar No. [email protected]


401 W. 15th Street, Suite 845

Austin, TX 78701

(512) 623-6700 Tel.

(512) 623-6701 Fax


2014030v.1 IMANAGE 107308



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JACKSON DIVISION









Plaintiffs,

v.








Commission, Lauderdale County,Mississippi Election Commission, Leake

County, Mississippi Election Commission,






Defendants.


APPENDIX VOLUME II TO BILL OF PARTICULARS

EXHIBIT 11-14

EXHIBIT DESCRIPTION

11

Incident Report by Ms. Morse, dated July 8, 2014 (pertaining to Leake

County request)



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JACKSON DIVISION









Plaintiffs,

v.








Commission, Lauderdale County,Mississippi Election Commission, Leake

County, Mississippi Election Commission,






Defendants.


APPENDIX VOLUME III TO BILL OF PARTICULARS

EXHIBIT 15-20

EXHIBIT DESCRIPTION

15

Incident Report by Julia Hoenig, dated July 8, 2014 (with written records

request signed by Mr. Rowley to Simpson County)



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Incident Report by Roberta Swank and Erin Anderson, dated July 7, 2014

(concerning Yazoo County)

17

Incident Report by Ruth Weiss and Debra Jackson dated July 8, 2014

(concerning Simpson County)

18

Incident Report by Ruth Weiss and Debra Jackson dated July 8, 2014

(concerning Yazoo County)

19

Incident Report by Susan Moore dated July 9, 2014 (citing double voting

in Noxubee County, Mississippi by Faye Ward)

20

Incident Report by Susan Moore, dated July 9, 2014 (citing double voting

in Noxubee County, Mississippi by Degardiques Mattox)


/s/ L. Eades Hogue

Joseph M. Nixon pro hac viceTexas State Bar No. 15244800

[email protected]

Kristen W. McDanald pro hac viceTexas State Bar No. 24066280

[email protected]

Kelly H. Leonard pro hac vice

Texas State Bar No. [email protected]


1300 Post Oak Blvd, Suite 2500

Houston, Texas 77056(713) 623-0887 Tel.

(713) 960-1527 Fax

L. Eades HogueMississippi State Bar No. 2498

Louisiana State Bar No. 1960

[email protected], MAYNARD& PARSONS, LLP

Pan-American Life Center

601 Poydras Street

Suite 2200New Orleans, LA 70130

(504) 586-1241 Tel.

(504) 584-9142 Fax

Lead Counsel

James E. Trey Trainor, III. pro hac vice


[email protected], MAYNARD& PARSONS, LLP

401 W. 15th Street, Suite 845

Austin, TX 78701(512) 623-6700 Tel.

(512) 623-6701 Fax




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Bill of Particulars in True the Vote v Delbert Hosemann and MSGOP

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