I Case Document 124 Filed 02/26/18 Pagelof 96 IN THE OF Geargia State-Conference of the al I - vs Kemp Transcript of Examination of Randall 0. Nix On January 10, 2018 Reported byJoel P. Meyer- Cem?ed Court Reporter - Q2. DONOVAN REPORTING I VIDEO CONFERENCING 237 Roswe? Street Marietta, GA 30060 770.499.7499 800.547.1512 FAX: 770.428.5801 Case Document 124 Filed 02/26/18 Page 2 of 96 Randall O. Nix I Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION GEORGIA STATE CONFERENCE OF THE NAACP, as an_organization; LAVELLE LEMON, MARLON LAURETHA CELESTE SIMS, PATRICIA SMITH, COLEY TYSON, I NAACP Plaintiffs, AUSTIN THOMPSON, WAYNE SWANSON, DARRYL PAYTON, AUDRA CUNNINGHAM, SABRINA MCKENZIE, JAMIDA ORANGE, ANDREA SNOW, LYNNE ANDERSON, CORETTA Thompson Plaintiffs, vs. CASE NO. BRIAN KEMP, in his official capacity as Secretary of the State for the State of Georgia, I Defendant. Videotaped Deposition of RANDALL O. NIX, Taken by John Powers, _Before Joel P. Moyer, -Certified Court Reporter, At the Offices of Baloh Bingham LLP, Atlanta, Georgia,' On Wednesday, January 10, 2018, Beginning at 1:02 p.mJ &'ending at 8:49 p.m. 'Volnme of Testimony (Exhibits Contained in Separate Volume) Donovan Reporting770.499.7499 . ElectroniCally signed by Joel Mayer {501?1 61-376-4513) Case Document 124 Filed 02/26/18 Page 3 of 96 Randall D. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 2 For the Defendant: APPEARANCES OF-COUNSEL For the Georgia State Conferenoep of the NAACP Plaintiffs: JOHN POWERS Lawyers' Committee for Civil Rights Under Law Suite 400 -. 1401 New York Avenue, NW Washington DC 20005 202.662.8391 ARIEL C. GREEN GREGORY D. PHILLIPS (Via Telephone) Munger, Tolles Olson LLP 50th Floor? . - 350 South-Grand Avenue Les Angeles, CA 90071 I 213.683.9100 For the Thompson Plaintiffs; ABHA (Via Telephone) Perkins-Coie LLP suite 600 700 13th Street, NW Washington, DC 20005?3960 202.654.6200 FRANK B.-STRICKLAND Strickland Brockington Lewis-LLP '-Midtown Proscenium Suite 2200- 1170 Peachtree Street, NE Atlanta, GA 30309?7200 678.347.2211 (Continued on next page) Donovan Reporting, PC Electronically signed by Joel Mayer (501?161 -376-451 3) 770.499.7499 Case Document 124 Filed 02/26/18. Page 4' of 96 Randall D. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 . I 3 1 .I For the Witness: 2 I I K. ALEX KHOUR-Y . -Balch Bingham LLP 3 . Suite 700 - - 30 Ivan Allen Jr. Boulevard, NW 4 Atlanta, GA 30308 I 404.261.6020 ALSO PRESENT: . Tayl?r Thompson, Videographer Donovan Reporting, PC . 770.499.7499 Electronically signed by Joel Mayer (501 -1 61-375-4513) . _10 '25' Case Document 124 Filed 02/26/18 Page 5 of? 96 Randall 0. Ni): Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 4 INDEX TO PROCEEDINGS VIDEO FILE INDEX Video File One 9 Video File Two - . 64 Video File Three 116 Video File Four .. 163 Video File Five . 200 Video File Six - _228 EXAMINATION INDEX RANDALL o. NIX Examination by Mr. Powers 9 Errata Sheet . I 251 Certificate Page 253 EXHIBIT INDEX Plaintiff's Exhibits 8 Defendants' Initial Disclosures 202 53 Email thread ending with email to 235 Gina Wright from Dan O?Connor 3?16?2017, with attached Minutes of House Legislative Congressional Reapportionment Committee meeting on March 1, 2017 94) 54. Composite of emails beginning with 240 email from Susan Smith to Randy Nix 2?21?2017 743) (Bates numbers in reverse order) .(Continued on next page) Donovan Reporting, PC 770.499.7499 Electronically signed by Joel Mayer (501-151-376-4513) 10 11 -12Case Document 124 Filed 02/26/18 Page 6 of 96 Randall D, Nix Georgia State conforence of the NAACP, et al vs Kemp - January 10, 2018 86' 88' Notice of Deposition of Representative Randy Nix Color copy of RepreSentative Randy Nix's page from the_Georgia House of .Representatives, 2017?2018 regular session Color copy of Representative Randy Nix?s Biography COlor cOpy of Representative Randy Nix's Facebook About page Color copy of_the Georgia HouSe of Representatives' web page for Randy Nix,_2007e2008 regular sessiOn 'Color copy of the Georgia House of _Representatives' web page for Randy_, Nix, 2009?2010 regular session 'Color copy of the'Georgia House of Representatives' web page for Randy Nix, 2011~2012 regular session Color copy of the Georgia House of Representatives' web page for Randy Nix, 2013?2014 regular session Color copy of the Georgia House of Representatives' web page for Randy Nix, 2015?2016 regular session Article titled Progressives Target GOP Advantage in Gold Dome Maps by Maggie Lee, 8?15?2016 Georgia House of Representatives web page for Chairman Lane, 2011?2012 regular session Georgia House of Representatives web 100' page for Chairman Nix, 2013?2014 regular session (Continued on next pageDonovan Reporting, PC Electronically signed by Joel Mayer (501-161-376-451 3) . 770.499.7499 10 .11Case Document 124 Filed 02/26/18 Page 7 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 100 101 Georgia House of Representatives web page fer Chairman Nix, 2015e2016._ regular session Georgia House of Representatives web page for Chairman Caldwell 2017~2018_regu1ar session Color copy of map titled Georgia House of Representatives District' 3069, Plan:- Houseere Document titled Georgia General Assembly 2015?2016 Regular Session HB 566, State house districts boundaries of certain districts' revise . - LC 28 7570, House 3111 566 LC 28 7599s, House Bill 566 (COMMITTEE SUBSTITUTE) AM 28 1431, LOST Email from Rich Golick to Dan O'Connor, 8?19?2015 404) Reapportionment Committee Meeting 'Notice, 3_9_2015 Article from the Atlanta Journal?Constitution titled Gwinnett _House District Gets VOting Rights Scrutiny, 9?21?2016 Georgia General Assembly 2015~2016 Regular Session 566] Senate VOte #280 (MOTION TO TABLE) Georgia General Assembly 2015?2016 Regular Session 566] Senate Vote #279 (ADOPTION OF AMENDMENT #1 BY THE SENATOR FROM THE 28TH) (Continued on next page) 101 101? 110 117- 127 127 '128 132 184 195 '210 211 Donovan Reporting-PC Electronically signed by Joel Mover (501?161-376-4513) 710.499.7499 DOcument 124 Filed 02/26/18 Pa?ge80f96- Randall O. Nix . Georgia State Conference of the NAACP, et al vs Kemp Januaiy 10, 2013 - 7 1 -102 Georgia General Assembly 2015?2016 212 Regular Session 566] Senate Vote 2 #281 (PASSAGE) 3 103 Excerpt from Georgia Laws 2015 212 Session,_pages 1413 1433, General 4 Assembly.? House of Representatives Revise Certain Districts. No. 251 5 (House Bill.No. 566) 6 104 Email_thread ending with email from 213 Randy Nix to Gina Wright and Spiro 7 'Amburn, 4e30?2015 (GA000100 101) '8 105 Email thread ending with email from 2192 Dan O'Connor to Jan Jones, 9?4?2015 9 1169); attachments 106 Document titled Proposed House 223 District 104 and 105, Plan: HD105amdp2?2014 - 107 Document titled House District 105' 225 13 - 108 Document titled HD105amdp1_2014_data 226 14 . - 109 'Document titled Proposed House -226 5 District 104 and 105, Plan: HD105amdp1~2014 16 110 Document titled HD105amdp2_2014_data 228 17 . - . 111 Email thread ending with email from 229_ Randy Nix to Gina Wright, cc'd to - Spiro Amburn, 4~29?2015 (GA000079 19 8 0 1 20 - 113 Composite beginning with document 244 . 'titled Proposed Georgia House Districts Committee Substitute Plan: House?amdsub?2015 22 114 Email thread ending with email from 246 23 Dan O?Connor to Randy Nix, 6?7?2016 544) 24 . (Continued On next page) Donovan Reporting, PC 770.499.7499 Electronlcally signed by Joel Mayer (501 -1 61 ~376-?451 3) Case Document 124 Filed 02/26/18 Page 9 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 . . 8 . 1 '115 c010: copy of artinl? titled Ga. 248 Republican Redistricting Plan Called 2 . 'Blatant' Power Grab, 5 (End of IndexDonovan Reporting, PC. . I . 770.499.7499 Electronically signed by Joel Mayer (501-161-376-4513) I Case Document 124 Filed 02/26/18 Page 10 of 96 Randall o. Nix Georgia State Conference of the NAACP, et al vs Kemp I . January 10, 2018 9 (Pages 9 to 12) . '9 1 January 10, 2018 1 side of it," with respect to what exactly? 2 '1 :02 p.111. . I 2 A Just what was missing, basically. 3 (Whereupon the reporter provided a written 3 Fair enough. And was that in state 4 disclosure to all counsel pursuant to 4 court? I 5 Article 8.13. of the Rules and Regulations 5 A Yes, 6 of the Board of Court Reporting.) I 6 And was that in Georgia? '7 THE VIDEOGRAPHERactually in Florida. 8 video record. The time is 1:02 pin. The date 8 Okay And where in Florida? I9 is January 10111, 2018. This is the start of 9 A I dont even recall It's been a 10 video ?le number one. 10 long time. 11 Would the court reporter please 11 And other than that, you've never 12 swear in the witness. I12 been deposed before? 13 RANDALL O. NIX, '13 A No. 14 being ?rst duly stm, was examined and 14 Have you ever offered sworn 15 testi?ed as follows: 15 testimony in any other capacity? 16 EXAMINATION 16 A Not that I recall, ?huh?uh 17 BY MR. POWERS: 17 (negative). 18 Good morning. 18 Okay. I'm going to go through some 19. A Good afternoon} I '19 ground rules. First, you do understand that 20 . That is right. My name is John 20 you?re testifying under oath as if you're in a 21 Powers. I'm an attorney with the lawyers' 21 court of law; correct? I I 22 Committee for Civil Rights Under Lawthe attorneys representing the 23 And if you don understand one of 24 Plaintiffs in this case. And I'll be taking 24 my questions, please let me know, and ll be 25 your deposition today by the agreement of the 25 happy to rephrase Procedure. 2 A Sure. 3 I just handed you the notiee for . 3 And it's very important for the 4 your deposition today. Feel free to look it 4 court reporter here who's transcribing the . 5 over. - 5 proceeding to have a clean record. And for 6 A Okay. 6 that reason, I'd appreciate it if you could 7 Representative Nix, have you ever 7 wait before I ?nish asking my question before 8 been deposed before? .8 you start answering it. - 9 A One time a long time ago, probably 9 I A Sure. 10 40 years ago, working for a company that was a 10 And finally, if when answering my 11 food company that I worked forquestions, I would appreciate it if you gave 12 'very limited deposition. I was drawn into 12 verbal responses, such as yes and no, instead 13 something that I had nothing to do with, but I 13 of nonverbal reSponses,. such as shaking your 14 had a position that they asked questions on. 14 head or saying uh huh or things like that. Is 15 So for all practical purposes, you 15 that okay? 16 can just about say no. 16 A Okay. 17 . Fair enough. And what was the 17 - All right. Could you please state 18 nature of the claim In that case, if you 18 your full name for the record? 19- recall? - 19 A Randall Otis Nix. 20 A I worked for a food company, and 20 And what's your address? I 21 there had been some theft of inventory. Some 21 A 371 South Grayson Trail in . 22 product was missing. And somehow there had 22 Hogansville, Georgia 30230. 23 been a claim filed on it, and I was asked to 23 And what-county is that in? 24 come and give the company's side of it. 24 A Troup. 25 And when you say, "the company's 25 And do you have an of?cial email Donovan Reporting, PC Electronically signed by Joel Mayer (501-161-376?4513) 770. 499. 7499 Case Document 124 Filed 02/26/18 Page 11 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 10 (Pages address that you use to conduct business? 1 Have you commanieated with folks 2 A _Ye_ah. My House of Representatives 2 about m- at the Reapportionment Of?ce about 3 randy. nix@house. ga. gov. 3 any other aspect of the case? 4 And have you used any other email 4 A No. 5 addresses for purposes of communicating about - 5 Aside from these communications, 6 redistricting? 6 have you spoken with anyone else about your 7 A Not that Irecall, no. 7 deposition today? 8 What did you do to prepare for your 8 A Yes. 9 deposition today? 9 And with whom was that? 10 A Really, I met brie?y with Alex, and 10 - A Several people that I just informed - 11 he just kind of told me what the deposition 11' that deposition this 12 would be like and but that's it. 12 afternoon 13 And when did you meet with him? 13 Okay. And who did you inform? 14 A Last Thursday, I believe. 14 A Several of several of my 15 For how long? 15 colleagues. I told my staff when I was leaving . 16 A Probably 45 minutes. 30, 45 16 the of?deposition. So 17 minutes. 17 there were, there were several people. 18 Have you read the complaint 111 this 18 Did you review your emails that you 19 case? 19 sent around the time of the redistricting in 20 A I did, yes. 20 preparation for this deposition? 21 Have you read any of the other 21 A The only thing that I reviewed was 22 depositions taken in this case? 22 what {reviewed with Counsel. 23 A . have not. 23 And what did you review with 24 Have you read any other documents in 24 counsel? 25 preparation for your deposition today? 25 A Several different emails that 4 l. 6 1 A No. were that he had that was were shown that 2 What is this lawsuit about, to the 2 had, had anything to do with this. 3 best of your knowledge? 3 And were those emails that had been 4 A Questioning of the redistricting we 4. sent strike that. 5 did in 2015 is my understanding. 5 Roughly how many emails was that? 6 And have you discussed the ease with 6 A Maybe a dozen at the most. 7 anyone? 7 And were those the were those 8 A Nothing of any -- anything other 8 documents sent by you or from you or to you? 9 than a very general nature that, you know, I?m _9 A Primarily to me. 10 going to doa deposition. The day that we met, 10 And who sent them to you? 11 the'staff there said you know, I said, I'm 11 A They were they were various 12 going to do a deposition. They knew that, so 12 people. If you, if you have those and elect to 13 tha really, nothing other than that. 13 show them to me and let me go over them, 1 14 And have you discussed the case with 14 will, but I couldn?t tell you specifically who 15 any of your fellow legislators? 15 had sent those. 16 A Nof 16 Okay. And did those documents 17 Have you communicated about the case 17 refresh your memory regarding the events of the 18 with anyone at the Reapportionrhent Office? 18 redistricting in 2015 at all? 19 A Explain -- tell me what you mean by 19 A In a very general nature, yes. 20 "about the case." How would tell me what 20' Did you assist with looking for and 21 you mean there. 21 producing emails in response to Plaintiffs? 22 Have you communicated with folks 22 discovery requests? 23 about the Reapportionment Of?ce about the fact 23 A Yes. 1 was told, you know, not to- 24 that the redistricting case had been ?led? I 24 delete anything or remove anything, so that 25 A Yes. 25 was, that was it. That was th what I did. Donovan Reporting, PC Electronleally signed by Joel Meyer (501-161-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 12 of 96 RandallO. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 .11 (Pages Other than that, I did not look for things 1 A 01. that I recall?. - 2 specifically. I 2 And so when you communicate with 3 So you didn't conduct any search for 3 folks, you either call them'or speak to them in 4 emails that you might have sent related to the 4 person? 5 redistricting? 5 A Yes. 6 A 1 did not. 6 Representative Nix, what's your date 7 And that includes of your personal 7 of birth? I 8 emails 1n addition to your House emails; is 8- A 5?52. 9 that correct? 9 Where did you grow up? 10 A Well, to correct that he had asked 10- A I grew up'in Alabama, central 11 me if I had anything of personal email. I did 11 Alabama. 12 look at personal email to see if there was 12 What town? 13 anything related to it, and there was not. 13 A The little the closest town you 14 Have you deleted any of your emails l4 - probably recognize is Wetumpka, Alabama. 15 from around the time of the 2015 session? 15 And where did you go to high school? 16 A I would say yes. I try to clean 16 A Holtville High School. 17 emails out on a fairly regularlbasis so that I 17 And where did you go to college? 18 don't hate so many in there, so yes. - 18 A Troy State University. 1.9 And how frequently do you clean your 19 . And when did you graduate from Troy . 20 emails out? - . I 20 State? - 21 A I?d say probably every six months or 21 A In 1975. 22 so I?ll go back in and delete emails that have 22 (Whereupon a document was identified as 23 just kind of stacked up in the queue. 23 Plaintiffs Exhibit 79.) . 24 . I?m sorry. How Often was that? 24 I?m going to hand youwhat I'm 25 A Probably every six months. 25 marking for identificatiOn as, I'm sorry, take - 18 2 . 1 And did you delete any emails from 1 that back, as Plaintiffs Exhibit 79. And what 2 2015 after this lawsuit was ?led? 2 is this document, Representative 3 A I did not. 3 A This I guess is my House of 4 Do you keep any kind cf calendar? 4 Representatives page that you' that they put 5 A Yes. 5 in with just identifying me in a context. 6 And what kind of calendar do you 6 Shows my committees, et cetera. 7 . keep? 7 (Whereupon documents were identi?ed as 8 A Usually on my phonewith a 8 Plaintiffs Exhibit 78 and Plaintiffs - 9 day?to?day calendar with appointments, 9 Exhibit 80.) 1.0 meetings, those type things 10 And just as a housekeeping matter, 11 And what kind of program is that 11 I'm going to mark your Notice of Deposition as 12 calendar on? 12 Plaintiffs Exhibit 78. 13 A Whatever, whatever' on my phone. 13 And I'm going to hand you what I'm . 14 - And did you have that calendar at 14 marking as Plaintiff?s Exhibit 80. And what is 15 the time of the 2015 legislative session? 15 this document? 16 A Probably on a different phone than 16 A Excuse me? 17 what I have now, yes, but I was keeping the, 17 What is this document? 18 keeping it the same way. 18 . A This is the bio that I have on the 19 And when did you get your the 19 House of Representatives that if'you click on 20 phone that you use today? 20 my bio, that? 3 what comes up. 21 A Probably about a year ago. 21 And you graduated from Troy State 22 Have you communicated with anyone 22 with a bachelor? 3 degree 1n business; corr?ect? 23 related to the redistricting of Georgia House 23 A Yes. 24 districts since the end of 2014 by email or by 24 And then what did you do after you 25 text message? 25 graduated? Donovan Reporting, PC . Electronically signed by Joel Meyer (501-151-376?4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 13 0196 - Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp . January 10, 2018 12 (Pages Zl-?rstjob that I had after that, 1 industrial-type lubricants. 2 I worked' 1n the banking industry' 1n Montgomery, 2 And what ended up happening with 3 Alabama. 3 that business? 4 And who did you work forthose things where 5 A It was Southern Bank at that time, 5 there was no, you know, hard assets. I just 6 and then I worked at what was then First. 6 essentially the business didn't go as I 7 I Alabama Bank. 7 thought, and I just simply went back to the 8 And how long did you work 'at those 8 business that I was in. 9 places? -. 9 - And how long were you at Merrill 10 A I Probably between the two of them, 10 for? 11 probably if I recall, probably three to four 11 A Let's see. I was at Merrill 12- - years I 12 probably for a year and a half 13 And what was your next job after 13 And what position did you hold with 14 that? 14 them? 15 A When I left the bank, I actually 15 A I was a broker, ?nancial- 16 went on active duty with the Air Force and, in 16 . consultant - 17 the Air National Guard, went to ?ight 17 And what was your next position 18 training. And when I came back from that, I 18 after that? 19 went to work with a food company there, Alaga l9 A When I left there, I moved to 20 Whit?eld Foods in Montgomery. 20 Georgia and went to work with what Was then 21 And how long did you work for the 21 NationsBank securities. 22 food company for? 22 And when did you move to Georgia? 23 A I worked or Alaga Whit?eld Foods 23 What year9 24 for I believe it was three years. 24 A '93. 25 And what position did you haye'with 25 Okay. And where specifically them? . 1 Georgia did you move to? 2 A I was assistant sales manager to _2 A Athens. ?3 begin with. And when I left, I was sales 3 And how long did you hold the 4 manager. - 4 that job position in Athens for? 5 And what was your next job after 5 A I was in Athens for approximately a 6 that? 6 year. And then I moved to LaGrange in ?94, 7 A I went to work in the brokerage 7 also with NationsB ank in the trust department. 8 business with Robinson Humphrey as a broker. . 8 And how long were you with 9. And how long were you there for? 9 NationsB ank for? 10 A Seven years. 10 A Approximately two?and?a?half years. 11 And What was the last year that you 11. Okay. 12 worked for that company? 12 A If my memory is serving me well. 13 A Let's see. I believe I left 13 And what year was did you leave 14 Robinson Humphrey in 1990. 14 NationsB ank9 15 And what job did you have after 15 A In either late '96 or early 16 that? - 16 And what position did you hold after 17 A When I left Robinson Humphrey? 17 that? 18 Yeah. 18 A With NationsBank? Or 19 A I spent a short time in business for 19 At another company, when you left 20 myself, and then I went back into the brokerage 20 NationsBank. 21 business. went back to work with Merrill I 21 A When I left NationsBank, I went to 22 probably within a year Of the time I left 22 work with SunTrust Bank, again as a trust 23 Robinson Humphrey. 23 of?cer. 24 And what business did you serve? 24 And how long did you work with 25 A It was a business that sold 25 SunTrust for? . Donovan Reporting, PC Electronically signed by .1091 Meyer [501?161-3764-1513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 14 of 96 Randall D. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 -13 (Pages_25 Approximately a year. . 1 I graduated from the Southern Trust School, and . 2 And what did you do for themwas essentially learning the trust - 3 A I was a trust of?cer. 3 business. 4 Trust of?cer. 4 And did you receive any other 5 A Uh?huh (affirmative). 5 advanced studies in financial planning? 6 Okay. And after working with 6 A I spent some time I took some 7 SunTrust, who was your next employer? - 7 courses on my own. This was not part of the 8 I'm trying to remember. I should 8 Seutbern Trust School. But, yes, I did. I 9 have brought my resume. When I left SunTrust, 9 took online courses, et cetera, in ?nancial 10 I believe, if I remember correctly, I went to 10 planning on my own. 11 work again in the brokerage business in 11 And with whom did you take those- 1 2 LaGrange. 12 courses? I 13 And you're going to ask me the name 13 A . 1 don?t even recall. I couldn?t 14 of the company, and I cannot remember it at the 14 I don?t remember. 15 - moment. It was a- one of the regional 15 Do you have any criminal record? 16 brokerage companies. - 16 A No. 17 And how long have you are you Have you ever been arrested? 18 still in the brokerage business todayFollowing your work in the banking 20 When did you stop working in the 20 industry, what other jobs have you had since 21 brokerage business? 21 then? 22 A PrObably in, let's-see, 2000 22 - A When I was elected tothe 23 2004 2005 time frame. 23 legislature, I was with in LaGrange. 24 -.Okay And who was your last 24 Sincelthat time, I have served as a pastor with 25 employer? 25 the United Methbdist Church and served The last employer that I did _1 - legislature. 2 securities for Was MassMutual. 2 And when were you at for? 3 Okay. And why did you stop Working for MassMutual? 4 yeah, some, somewhere around '04, ?05, and '06. 5 A They I was just wanted to get Out 5 And what did you do fer them? 6 of that business. I was kind of tired of the _6 A I was the city executive. It was 7 personal sales business. And I decided that I 7 primarily a commercial lender. was I would get out of the ?nancial sales 8 And how long have you been a pastor 9 business. 9? at United Methodist Church for? 1.0 And 1n the meantime, you attended 10 A 12 years. 11 the Southern Trust School? 11 And is that a big church? 12 A Yes. 12 A No. 13 And where is the Southern Trust 13 Are you the only pastor? 14 School? 14 A Yes. 15 A At that time, it was in Mobile, 15 And what are your duties as pastor 1.6 Alabama. 16 of the church? 17 And what degree did you receive from 17 A Prirnaiily there, it?s, you know, 1.8 that school? 18 pastOral services to the members that you would 19 A There was really no degree. It was 19 imagine from visiting the people that are 20 a certi?cate that just showed that you had 20 sick my church only met once a week, so I 21 completed that course of studysermon every Sunday--? and primarily, the 22 basically within, within the bank that it was 22 pastoral duties you would imagine in terms of 23 recognized. 23 visitation, funerals. 24 And what course of study was that? 24 It's an older congregation, so there 25 A It was, the Southern Trust School 25 was quite a bit of that Donovan Reporting, PC Electronically signed by Joel Meyer 770.499.7499 Case Document 124 Filed 02/26/18 Page 15 of 96 Randall o. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 Donovan Reporting, PC Electronically signed by Joel Meyer (501 ?161 -376-4513) 14 (Pages And are you still giving sermons 1 House district do you represent, 2 every week? 2 Representative? 3 A No. I was not appointed last -- I 3 A House District 69. 4 - retired essentially as of last June The 4 And where is that district? 5 Methodist Church appoints in Junecovers the northern part of Troup 6 not appointed this last year. 6 County, all of Heard County, and the southern 7 -Q Do you currently hold any job other .7 part of Carroll County 8 than serving as Georgia State Representative? 8 And do you know what the political 9 A Ido not. 9 makeup is of your district? 10 Turning to the Plaintiffs 10 A What do you mean by political 1 1 Exhibit 79, this shows the exhibit the 11 makeup? 12 committees that you are currently serving on; 12 Is it a relatively 13 is that correct? 13 conservative?leaning district or relatively 14 . A Yes. 14 liberal dist11ct? 15 And SO you currently serve on the 15- A No. Mine is a relatively 1.6 Appropriations, Banks Banking, Economic 16 conservative district - 17 Development 81; Tourism, Education, Ethics, 17 And what are the racial demographics 18 Judiciary, Legislative Congressional 18 of your district? 19 Reapportionment, and Natural Resources 19 A I honestly could not tell you what 20 Environment Committees; conect? 20 the racial demographics are. 21- A 'Yes. 21' Would you say that your district is 22 And you were sworn into office on 22 predominantly white with respect to its 23 January 8th, 2007? 23 population? 24 A Yes. 24 A Yes. 25 And your spouse here is listed as 25 And what are your responsibilities 30 32 .1 Debra; correct? 1 as a member of the House? . 2 A That's correct. . 2 A To represent the people of my 3 And you have two children; correct? 3 district. 4 A Yes 4 And how frequently is the House in -, 5 And what are their nameS? 5 sessionhave annual sessions. 7 - (Whereupon a document Was'identi?ed as 7 And how long is it strike that. 8 Plaintiffs Exhibit 81 .) 8 How long is the Georgia legislature 9 I'm handing you what I marked as 9 in session each year? . 10 Plaintiffs Exhibit 81. Sorry. And what is 10 A We are prescribed by the 11 this document? 11 Constitution'to have 40 legislative days. 12 A Oh, it apparently -- it came off the 12 They're not necessarily consecutive days. 13 Facebook page. Again, it's bio. Just looking 13 Usually, it's the first three months of the - 14 at it, it?s a little bit out of date, but, yes, I 1.4 year. We go in on the second Monday of 15 it's a bio from, apparently from Eacehook. 15 January. 111 my time ve been in there, 16 And it's the official State Facebook 16 usually we're ?nished right at the end of 17 page; correct? 17 March or early April. 18 A Yes, I believe it is. 18 And how do you divide your time 19 And it notes it must be a little .19 between traveling to Georgia and getting back 20 outdated because it notes that you're serving 20 and forth to your home county? - 21 . I as the chairman of the Reapportionment 21 A During the session? 22 Committee, which 13 no longer the case; 22 Yes." 23 correct? 23 A Usually, I commute during the 24 A That is correct. 24 - session for the session days. Occasionally, 25 What district do you what State 25 will, if we're if things are real intense 770.499.7499 Case Document 124 Filed 02/26/18 Page 16 0196 Randall 0. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2013 15 (Pages need to be here, I'll stay overnight. '1 district were concerned about the cleanliness 2 Roughly, how long a drive is that? 2 of the Chattahoochee River? 3 A It's approximately 70 miles from my 3 A Yes. 4 house to the capitol. 4 And were there -- is the 5 When were you ?rst elected to the 5 Chattahoochee strike that. 6 House? 6 Do they still have concerns about 7 A I was elected in 2006 and sworn in 7 the cleanliness of the Chattahoochee River? 8 in 2007. Ibelieve that's correct. Yes. 8 A I would say they do not as much as 9 Elected in November of '06. 9 they did before. There's been quite a bit of 10 (Whereupon a document was identi?ed as 10 work on that that has improved it, but there's 11 Plaintiffs Exhibit 82.) 11 still a my district, the people in my 12 I'm handing you what I?ve marked 12- district are still very much in tune with 13 as what I'm marking for identi?cation as 13 what?s going on with the Chattahoochee and with 14' Plaintiffs Exhibit 82. Representative ix, 14 West Point Lake. . 15 what is this document? 15 Have you spent strike that. 16 A Again, I assume it's -- it's my page 16 Has that been the issuethat has 17 you go to when you click on my name under the 17 concerned you the most while you've served on 13 House of Representatives. 18 the legislature? 19 And in the top right?hand corner, 19 A o. 20. does it say 2007?2003 -- 20 What would you say that-issue is? 21 A Yeah. 21 A Education. I've been involved more 22 regular session? 22 heavily in education-related issues than .23 A It does. It's not the current '23 anything else 24 session. That?s what I was looking at. It's 24 And you started serving on the 25 an older one. 25 education committee in the 2009 sessionAnd for the 2007-2003 session, you 1 that correct? 2 served on the Banks Banking, Economic 2 A I don't recall the exact time, but I 3 Development ouriSm, Infonnation Audits?rst session, so either the 4 and Natural Resources Environment Committees; 4 second or third session, 5 . is that correct? 5 (Whereupon a document was identi?ed as 6 A That is correct. 6 Plaintiff's Exhibit 83.). placed on 7 Handing you what I've marked as 8 these committees, or were you merely assigned 8 Plaintiffs Exhibit 83 9 them by House leadership? 9 A Okay. 10 A If I recall correctly, the only 110 And what is this document? 11 committee I asked to be- assigned to wasNatural 11 . A Again, this is the my page out of 12' Resources and Environment. The others were 12 the, from the legislature for the 2009?2010 13 assigned by the Speaker. 13 sessionserve on the 14 And this session, you strike 15 Natural Resources and Environment committee? 15 that. 16 - A My diStriCt has probably more Of the 16 For the 2009-2010 regular session, 17 Chattahoochee River than any other distriot and 17 you served on the Banks 8: Banking, Economic 18 big issues related to the water wars, to the, 18 Development Tourism, Education, Judiciary, 19 you know, cleanliness of the waters. My -- 19 and Natural Resources (32; Environments 20 it's just a huge interest in my district, the 20 Committees; is that correct? 21 Chattahoochee River and West Point Lake. 21 A Yes. 22 And people -- my, my constituents 22 And what work sh?ik?e that. 23 had asked me to be on that, asked ifI eculd be 23 You mentioned doing a 1ot of work on 24 on that committee. 24 education. What work has that been? 25 Is it fair to sayresidents of your 25 A The biggest interest I've had is in Donovan Reporting, PC Electronically slgned by Joel Meyer (501-161?376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 17 of 96 Randall D. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 16 (Pages workforce development and working on 1 Banks Banking committee, and you were a 2 legislation to help prepare?our students for 2 chairman of the Legislative Congressional 3 the workforce. 3 Reapportionment Committees; is that correct? 4 And have you introduced any bills in 4 A That is Correct. . 5 the legislature on that issue? 5 Had you chaired any committees 6 A Yes. 6 before chairing the Legislative Congressional 7 And was that bill passed? 7 Reapportionment Committee in 2013? 8 A Yes. 8 A No. 9 And what session was that in? 9 And then in the 2015 session, you 10 A I?m not exactly sure. Maybe in 10 were made the chair of the Ethics Committee; is 1 2011, the career pathways legislation that I 11 that correct sorry, in the 2017? 12 had was passed, House Bill 186. And I'm not 12 A 2017, yes. That's correct. 13 I'm not sure of the year. That was the most 13 (Whereupon a document was identified as 14 signi?cant piece of legislation. 14 Plaintiff's Exhibit 86.) 15 - That was the most significant piece 15 I'm handing you what I've marked for - 16 of legislation that you've worked on while 16 identi?cation as Plaintiffs Exhibit 86. And 17 you've been a House member? 17 what is this document? 18 A . Yes, in myopinion. 18 A Again, this is my web page from the . l9 (Whereupon a document was identi?ed as '19 House of Representatives website for the 20 Plaintiffs Exhibit 84.) 20 2015?2016 session. 21 Yeah. I'm handing you what I've 21 And during the 2015?2016 session, 22 marked for identi?cation as Plaintiffs 22 you served on the Appropriations, Banks 23 Exhibit 84., .23 Banking, Economic DevelOpment 8: Tourism, 24 A Okay. 24 Education, Legislative 8: Congressional 25 .Q And what is this document? 25 Reapportionment, and Natural Resources 8: 38 40 1 A This is for the 2011~2012 1. Environment Committees; correct? 2 legislative session, again, my page off of the 2 . A Yes. - 3 House of Representatives website. 3 And once again, you were secretary 4 And during that session, you worked 4 of the Banks 8: Banking Committee and chairman 5 on the Appropriations, Banks Banking, 5 of the Legislative Congressional 6 Economic Development Tourism, Education, 6 Reapportionment Committee; correct? 7 Judiciary, Natural Resources Environment 7 A Correct. 8 committee; is that correct? 8 Have you served on a relatively 9 - A That is correct. 9 typical number of committees relative to other 10 (Whereupon a document was identified as . 10 Georgia House members? - - 11 Plaintiffs Exhibit 85.) 11 A Yes. l2 I'm now handing you what I've marked 12 . And would you consider yourself to 13 for identi?cation as Plaintiffs Exhibit 85. 13 be a relatively active House member? - 14 And what is this document? - 14 A Yes. 15 A Again, this is my page on the House 15 And why is that? 16 of Representatives website for the 2013?2014 16 A I take it seriously, and, you know, 17 sessionengaged. I feel like, to serve the 18 And during that session, you served 18 constituents have, I need to be as engaged as 19 as a member of the Appropriations, Banks 82; 19 I can be. 20 Banking, Economic DevelOpment Tourism, 20 Would you consider yourself to be a 21 Education, Legislative Congressional 21 reliably conservative voice in the Georgia 22 Reapportionment, and Natural Resources 22 House? . 23 Environment Committees; is that correct? 23 A I would say a consensus Voice rather 24 A That is correct. - 24 than conservative voice. 25 And you were a secretary on the 25 And'what's the distinction between Donovan Reporting, PC Electronically signed by Joel Meyer (501 -1 61-376-451 3) 770.499.7499 . Case Document 124 Filed 02/26/18 Page 18 of 96 Randall 0. Ni); Georgia State Conference of the NAACP, et al vs- Kemp January 10, 2018 17 (Pages 41 to_44) 4 4 3 I being a consensus voice and being a 1 has given me a position that gives me the 2 conservative voice? . 2 opportunity to bring people from both sides 3 A I tend to try to work with, with 3 together because they I think they 4 both sides when I'm working on an issue, not 4 understand that I'm there to werk for the best 5 I'm not strongly partisan. I have the ability 5 of everybody. . 6 to bring people together to work on issues. 6 Is my understanding correct that the 7 And in what cases have you worked 7 two committees you've chaired are the 8 with the other side of the aisle to come 8 Legislative Congressional Reapportionment 9 together and agree on legi slation? 9 Committee and the Ethics Committee? 10 A Well, quite a number of issues 10 A That is correct, yes. 11 when the education issues that I've passed 11 And how did you Strike that. 12 have always required bringing people together. 12 Did you want to serve as chairman of 13 And several others, even, even things related 13 the Legislative 8: Congressional Reapportionment 14 to the natural resources environment area, 14 Committee at the, at the 'tirne'that you had been 15 which necessary to bring people together, not, 15 selected to do so? 1.6 not sharply partisan issues one way or the 16 A I did not mind serving. 1 did not 17 other. 17 ask for that committee. The Committee on 1.8 And do'you remember any specific 18 Assignments had asked me if I would chair that 19 matters in partiCular related to your work in 19 committee. I did not ask speci?cally for that .20 the Education and Natural Resources Committee 20 committee. But that was an opportunity to move 21 where you had to come together? 21 into a chairmanship, and they had had asked me 22 A Legislation, Natural Resources 8: 22 to serve there. 23 Environment, we had I had legislation 23 So I guess to answer your question, 24 related to composting and landfills that had was certainly not 25 strong opinions on both sides, and I was able 25 something that I was afraid bring those people together and come up with 1 want to do. - 2 a bill that we could pass. 2 . ?And you served as chair for two 3 Same way in education where I was 3 legislative sessions; correct? 4 able to get with both sides and work to bring 4 A Correct. - 5 I them, bring them together. There are numerous 5 . And at that time, did you ask to 6 things, I think if you, if you asked people in 6 chair the ethics committee, or were you asked 7 the legislature about my ability to do that 7 to do so by the legislative leadership? 8 that, I'm seen as someone who can bring people 8 A When I, when I left the 9 together. 9 Reapportionment Committee, yes, I was asked to 10 So there are numerous I think 10 chair the Ethics Committee by the, by'the 11 there would be numerous times that that has 11 Speaker. 12 occurred, but those are some. 12 And do you know why you were asked 13 And 'what qualities do you think that 13 to switch committees in your role as chairman? 14 you possess that help you to be an effective 14 A The longstanding chair of the Ethics 15 consensus voice in the House? 15 Committee, Joe Wilkinson, had decided not to 16 A I would say probably the fact that 16 run again; And the Speaker for the reasons 17 people know me as a person who respects all 17 I've given you before felt that I would be the 18 people. I donextremely 18 person that could best step into his shoes and 19 partisan. I think that you would ?nd the 19 asked me if I would be willing to, to accept 2O consensus is that I respect everybody's opinion 20 - that reSponsibility, and I said certainly. 21 and try my best to work with them. 21 And has the Ethics Committee been 22 So I've been involved in a number of 22 busy during this legislative session? 23 things. I've been chaplain Fortunately, not at all during this 24 - number of times. As a matter of fact, I was 24 session. We're just getting started there. 25 chaplain of the day yesterday, and I think that 25 There have been some issues, but relatively Donovan Reporting, PC Electronically signed by Joel Meyer (501-161-376?4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 19 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 20.1. 8 - 18 (Pages minor, thank goodness. 1 - .Q Okay. 2 And was the EthiCs Committee active 2 A No. 3 during the 2017 session? 3 And in your 2006 race, did you have 4 A The only way we were really active, 4 I an opponent in the Republican primary? 5 we had no ethics complaints we acted upon, but 5 A I did. I did. 6 we did training for new members. We had 6 And what was his name or her name? 7 questions from time to time, you know, is this 7 A It was him, Zachary Taylor. 8 sorriethin we can do. 8 And what were the main issues in 9 But in terms of looking at the" 9 that election? . I 10 Ethics Committee from an investigative 10 A To really get known. Neither one of 1?1 standpoint, we did not. We Were fortunate that 11 us was that greatly known. As I mentioned, the 12 we did not. 12 issues related to the Chattahoochee River, West 13 And aside from House Bill 5 66, the 13 Point Lake, big things going on at that time. . 14 Reapportionment Committee wasn't particularly 14 The economy and things were really 15 active while you. were chair of that committee 15 beginning to happen in the LaGrange area With 16. either; correct? 16 the Kia coming in. So it was, it was probably 17 A ?That is correct. . 17 as much economic as anything, the issues that 1. 8 I'd like to walk through your past 18 were bubbling up. Probably the biggest one, as 19 electoral history. Did you run for any elected 19 I mentioned earlier, was the lake issues. 20 office before running for State Representative 20 And did you have any debates prior 21 in District 69 in 2006? 21 to the Republican primary? 22 A No.22 A I don recall that we had debates. . 23 And why did you decide to run for 23 We had some forums where questions were asked. 24 the District 69 seat in 2006? 24 But just in terms of a debate, we did not. We 25 A My predecessor, I eff Brownrecall, like the Chamber of 4 6 .4 8 1 good friend of mine, and I had known Jeff for a 1 Commerce had a forum, and we each an3were'd 2 while, had always supported him. And when he 2 . questions related to that. 3 . said that he was not going to run, I said, you 3 And what was the margin of victory 4 know, Jeff, I have winter-est. What do you 4 in that election? '5 think about me running? 5 A Ifl remember correctly, it was 6 And he was, he was encouraging. 'It 6 about 115 votes. It was not a large margin. I 7 was not something I was not one of those 7 won the primary I believe by 115 votes. 8 people that had always been out there saying 8 . Wow. And what was the race of 9 I'm going to run, I'm going to run. It was 9 Mr. Taylor? 10 kind of a target of opportunity that came up, 10 A He's, he' 3 white. He's 4 yeah 11 and I was able to run,'but it was the first 1 1 And did you have an opponent in the 12 time I had ever run-for an office. 12 general election? 13 And what made you decide that that 13 A I did. . - 14 was something you were interested in? 14' And what was your opponent's name? 15 A I had always had a general interest 15 A Dec Davis. 16 in politics and had a desire to be engaged. 16 And what was the margin of victory 17 I'd always been engaged in things in the 17' in that election? 18 community from the Rotary Club to Boys Girls 18 A I don't remember exactly, but it Was 19 Club to leadership things with the chamber, and 19 probably in the, in the neighborhood of 60- 40, 20 it just seemed like a natural progression. 20 maybe 60 plus? ?40. 21 And had you had any personal '21 And were there any debates prior to 22 dealings with the legislature prior to deciding 22 that election? 23 to run besides your association with Jeff 23 A Similar to what I had described 24 Brown? 24 earlier. . 25 A o. 25 Yeah. Donovan Reporting, PC Electronically signed by Joel Meyer (501-161-376-4513) - 770.499.7499 Case Document 124 Filed 02/26/18 Page 20 0196 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 19 (Pages 49 to-52believe that there were a coople I appeared on the ballot, and I never saw the 2_ of chamber events where they had us come and 2 man. 3 people asked questions. Maybe the League of 3 so you never participated 1n any .4 . Women Voters. But it was there was not 4 fonlms or debates? 5 really what I consider a debatenever showed up. 6 more you know, we were asked questions about 6 And in 2014 and 2016, you ran 7 certain issues. 7 unopposed? 8 And were the issues in the general 8 A That is correct. 9 election roughly the same as they were in the 9 Do you think your competitive 10 primary election? .10 elections were affected by national politics, 11 A They were similar, yeah, yeah. 11 or would you consider them to be mainly local 12 - And' 13 Doc Davis white'2_ 12 affairs? 13 A Yes. 13 A When you, when you say 14 And did you have any opponents when 14 "competitive," what do you mean? You mean the 15 you ran for reelection in 2008? 15 ?rst time when 1 had a 16 A I don't believe I had any in 2008. .16 Your elections 1n 2006 and 17 In the time I've been in, I've had one opponent 17' A Yeah. 18 in the general election. I think 2012? 1.9 next year. So in my time, I had the first 19 A I would "say they're more local. And 20 time I ran, 1 had a general -- Imeansaid, the first time I ran, it was a, you 21 primary and a general. 2] know, nobody knew either one of us. It was a, 22 And then I believe "three, three 22 it was local. Who you, who you could get out 23 cycles later I had a general opponent. 23 and meet and letting them know who you were. 24 In 2012, you ran against'Herbert 24 And do you think that is true of 25 Giles 25 elections elsewhere in'Georgia based on your Yeah. - 1 knowledge as a longtime State Representative, 2 -- in the general election? 2 or do you think State House elections just tend 3 A Yeah. 3 to be local due to the size of the district? 4 And what were the main issues in 4' MR. KHOURY: Object to the form of 5 that election? the question. You can answer.? 6 A They were, they were essentially the 6 - A It's hard to generalize on that. 7 same as before. The economy, things had gone 7 Each, you know, each district is different 8 down and had come back. But most of the issues 8 because of the nature of the district, and it's 9' related to my district were the economy, the 9 really hard for me. to generalize on that. 1.0 - environment related to the lake and to the . 10 I do think that maybe eSpecially in 11 river. Jobs became an issue. 11 the last, last few cycles, probably there's a 1.2 Things, of course, had gone downhill l2 . greater effect from the national scene than 13 and were beginning to come back up in terms of 13 there was. before. 1.4 the economy, but a lot of economic issues 14 And is it your opinion that in the 15 related to it. 15 laSt couple of election cycles that national 16 What was the margin of victory in 16 politics have had a greater influence on State 17 that election? .17 House {elections in Georgia? 18 A If I remember correctly, it was 18 A It would appear that way to me, yes. 19 somewhere on the account of 65?35. 19 And in the competitive elections in 20 And your district had been 20 2006 and 2012, did you ever look at the 21 redistricted 1n the meantirne; is that correct? 21 election results at a precinct level to assess 22 A Yes, yes. 22 where you received support and where you didn't 23 And 15 Herbert Giles white? 23 receive support? 24 - A To be honest with you, I think he 24 A I honest I did not sit down and 25 is. He never showed up for anything. His name 25 look at those at a precinct level. I was I Donovan Reporting, PC Electronically signed by Joel Meyer (501-161-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 21 0196 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10,2018 20 (Pages 53 to 56) . 53_that level. 1 . So when I said I didn?t talk to 2 And you mentioned earlier that '2 anybody then, basically I accepted the 3 you're a member of the House Reapportionment 3 Opportunity to do that in that one meeting. 4 Committee; correct? 4' At the time you accepted, did you 5 IA Correct 5 have any expectations abbot what the 6 And roughly how many members does 6 Reapportionment Committee would be doing given 7 the Reapportionment Committee have? 7 that they'd just enacted a redistricting plan 8 A I honestly can't tell you the I 8 in the prior session? 9 number. We could go to the web page and look 9 A Idid not. I knew that in thepretty quickly, but I don?t 10 the years alter the census when we did the big 11 know the exact number, 1 1 maps, I knew it was a huge jobAnd what is the purpose of the 12 knew we had just passed that, we had just done 13 committee? 13 that, so that was my only really conceived 14 A The purpose of the committee is to 14 notion of what it was. 15 draw the district maps for both the state House 15 And you hadlvoted in favor of the- 16 districts and the legislative district, federal 16 redistricting plans enacted for the state 17 districts. 17- legislature and congress in 2011 and 2012; . 18 And you mentioned being asked to 18 correct? I 19 join-the committee. 19 A Yes. 20 A Uh?huh (affn?matiVe). 20 And after you aCCepted the offer to 21 Who Speci?cally asked you to chair 21 chair the committee, did you ask what role the 22 the committee in 2013? 22 committee might be playing with respect to 23 A The Speaker. 23 redistricting given that a redistri cting plan 24 And you hadn?t served on the 24 had been passed in the previous session? 25 . Reapportionment Committee at all prior to 25 A Yes. 54 56 1. becoming chair; is that correct? 1 And who did you ask? 2 A That is correct. 2 A I spoke with the former chair and 3' And is it unusual for somebody to be 3 just got, got a little bit of advice from him 4 appointed chair of a committee that they?ve 4 about the job and what it entailed. I spoke 5 never served before? . 5 with the people' in the Reapportionment Office 6 A I don't know. I only know my who, you know, get down to the nuts and belts 7 experience. I couldn't say in a general sense 7 of it. 8 whether that is unusual or not. .8 . Let 5 break that up. The former 9 I Are you aware of other instances in 9 chair of the Reapportionment Committee that 10 which fellow legislators have been appointed 10 you "re referring to is Roger Lane; is- that 1.1 chair of committees that they hadn?t served on 11 correct? 12 the past? 12 A Yes. 1.3 A I don't know specifically, no. 13 And roughly when did you speak with 14 . Did you speak with anyone about what 14 Mr. Lane. 15I duties you?d be asked to perform as chair of 15 A It would have been sometime very 16 the Reapportionment Committee before you 16 early in that session, when the committee 17 decided to accept the position? 17 assignments were made. 13' A No.18 Early in 2015?? 19 An 19 A Yes. 20 A Let me, let mc'clarify that in terms 20 Or strike that. I 21 of when you usually when the Speaker asks 21 AI Between I22 you to take a committee, you usually take that 22 Early in 2013?? 23 committee. And I trusted hisjudgment that it 23 A Yes.? 24 would be the opportunity for me and wOuld be 24 And what did Mr. Lane tell you about 25 . the best position. 25 the job and strike that Donovan Reperting, PC Electronically signed by Joel Meyer (501-161-376?4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 22 of 96 Randall 0. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 21 (Pages What did Mr. Lane tell you when you 1 Reapportionment Office? 2 spoke to him early in 2013? 2 . A Yes. 3 A If I recall correctly, it was 3 And was anyone else present for that 4 basically that he was quite proud of the fact 4 meeting? . 5 that we had passed maps that had not been - 5 A Not that I renall. 6 challenged, that our reapportionment effort had 6 What did you talk about at that 7 been, been very successful even in the, even 7 meeting? 8 with no challenge from the Obama 8 A Essentially that I would need their 9 administration and we had a great deal to be' . 9 expertise in terms of any issues related to 10 proud of there, the way that we had had handled 10 reapportionment, that would be depending on 11 that reapportionment. 11 them for the, you know, for the specifies, the 12 And what elsedid he tell you? 12 nuts and bolts of things that went on with 13 A Really not a whole lot. I was just, 13 reapportionment. 14 just askinghiin. He said, you know, you've 14 And did you talk about anything 15 just got to you've just got to be aware of 15 else? 16 what, you know, what the districts are and 16 A Not at that time. I don? recall. 17 don?t -- just be concerned with What's there 17 And was that the only time you met 18 and don't, don't get carried away with anything 18 with folks from the Reapportionment Of?ce 1n 19 because We've-done too much. Our work has been 19 2013?? 20 too good. - 20 A In terms of formal meetings? Or 21 And when you say, ?don't get carried 21 tell me what you mean by in terms of meeting 22 away with anything," do you mean what do you 22 with them. My of?ce Was on the fourth floor, 23 mean? 23 and theirs was just doWn the hall, so 24 A Well, I think the idea was that we 24 occasionally I would go in. If there were 25 had been successful with the maps, and we did '25 questions, we would discuss things. But there 5 8 6 1 not want to do anything to jeopardize that. 1 were no, you know, speci?c, formal meetings. 2 Is it fair to say that Mr. Lane?s 2 And what kinds of questions came up 3 view was that the maps that had been passed at 3 in 2013 that you discussed with 4 the time were satisfactory and that you 4 A I think 5 shouldn't get carried away with making further 5 the folks at the Reapportionment 6 changes? 6 Of?ce? 7 A I wouldnt I wouldn't classify it 7 A Sure If I recall correctly, during '8 that way, butcertainly nothing that would, 8 that time there were a number of questions 9 would jeopardize what we had done previously. 9 related to local redistricting that we did 10 And was there anything else that you 10 that did not fall under my committee, the lines. 11 talked about with Mr. Lane about redistricting 11 drawn in for school boards and city cities 12 early in 2013? I 12 and counties and things like thatmore, more these types of issiIes rather than 14. And you mentioned that you also 14 issues that we dealt with speci?cally as the 15 - spoke with folks at the Reapportionment Of?ce 15 committee. 16 alound that time? 16 And what committee hears and passes 17 A Yes. 17 legislation related to local bodies in Georgia? 18 And that would have also been 1n 1.8 A The local governments go through the 19 . early 2013? 19 local government committee. The I 20 A Yes. 20 understand the process Correctly, and you would 21 And who did you speak with '21 need to probably talk with Gina to get the 22 speci?Cally at the Reapportionment Of?ce? 22 specifies on it, they, they aid them with 23 A Gina Wright who 1s the executive 23 designing their, their maps, but then the 24 director 24 locals have to agree on that. 25 And did you meet with her at the 25 And then it goes to the local Donovan Reporting, PC Electronically signed by Joel Meyer (501-161-376-4513) 770.499.7499 - Case Document 124 Filed 02/26/18 Page 23 of 96 Randall D. Nix- Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 22 (Pages government, government intergovernmental - farm. He wanted to get that into his district. 2' relations to work those out. We did not, we 2 But those types of issues were the 3 did not -- my committee did not approve or 3 ones that I was was dealing with. 4 disapprOve those types of 1ssues. 4 And who had the farm that he wanted 5 But sometimes you 'd stop by Gina's .5 to get into his district? 6 office and talk about what was going on at the 6 A I?m drawing a blank on the name. 7 local level in 2013? 7 Jason down in south Georgia, Lakeland, Georgia. 8 - A Or people would come to me and say, 8 I can't, I can't give you his last name. I'm 9 you know, my school board?s all messed up. 9 drawing a blank on it. But he ??'that was his 10 What do we need to? 10 district. You could ?nd that if you needed to 1 You know, go see Gina. That's 11 look. it up. I could find it. 12 something she's got to do, yeah. - 12 Fair enough. Who else came to you 13 Other than that, were there any 13 during the 2014 session? 14 issues related to state?level redistricting 14 A Representative Dunahoo up in the 15 that came up in 2013? 15 Hall County area came to me, similar situation. 16 A Not that I recall. 16 Those are the two- that I remember very 17. And did. you ever Consider; 1? specifically coming to me and asking for the 18 introducing redistricting legislation in the 18 potential to do some minor changes in their 19 - 2013 session? 19 district 20 A No. 20 MR. KHOURY: John, we ?ve been going 21 And why not? 21 a little over an hour. Can we take a break, or 22 A There was no, there was no demand 22 are you near a spot where we could take maybe a 23 for it. There didn't seem to be any, any 23 ?ve-minute break? 24 reason to do that. 24 MR. POWERS: Sure. Five minutes. 25 And how did you know that there-was 25 Five-minute breakdemand for it? 1 THE WITNESS: Sure. 2 A Mainly, I didn't have people coming 2 THE VIDEOGRAPHER: Going off the 3 to me and saying, you know, I need to 1 3 video record at 2: 14. 4 would like to consider changing my district. 4 111 recess. 2114 11111120 5 And what about 2014? 5 2:29 pm.) 6 A In 2014, there were some people who 6 THE VIDEOGRAPHER: We're now back on 7 did come and ask about the possibility of 7 the video record. The time is 2:29 p.m. This 8 making some very minor changes to their, their 8 is the start of video ?le number two. 9 districts. 9 Representative Nix, you realize that 10 And roughly when in 2014 would this 10 you' to still under oath? 11 have been? . ll A Yes. 12 A Just, just during the session. 12 Great. Before the break. you had 13 There was no -- I couldn't give you a specific 13 mentioned a Representative Dunahoo -- 14 time, but the discussions came up. 14 A Yeah 15 But during the legislative session? 15 -- in Hall County asking for some. 16 A Yeah. 16 minor changes to be made. What concerns or 17 Yeah? 17 changes did he raise with you? 18 A Yeah. 18 A He had, he had purchased either a 19 .Q And who came to you asking for 19 home or some land or something that he really 20 changes to be made to thei1 districts? 20 wanted to build on or he wanted to'oceupy that 21 - A 1 had several people, and I don't 21 home. And it was actually across the road or 22 remember the exact names, but situations where 22 just out of the district, so he wanted 23 they had bought property just in the other 4? . 23 to move that line just a little bit to get into 24 just across the line in their district that 24 that district. Of course, you have to live in . 25 they wanted to build on. One had bought a 25 your district. Donovan Repo1ting, PC Electronically signed by Joel Mayor (501-161-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 24on6 Randall D. Nix I Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 23 (Pages Did anyone else come to you in 2014 1 than trying to do things piecemeal. 2 raising any -- raising the idea of making any 2 And was that a determination that 3 changes to their district? 3 you came to yourself? 4 A There were several people that came. 4 A No. That came from leadership. 5 Ican?t tell you speci?c names, but there were 5 And who constitutes the leadership? 6 a number of peeple who came and said, you know, 6 A The Speaker, the Speaker's office, 7 I'd like to do this or this. The impact of the 7 yes. - 8 previous redistricting had set in, and some 8 And the Speaker told you that 9 peeplc had had family members that had been 9 directly, or did it come from one of the 10 taken out of their district. 10 staffers? 11 There was -- all of them were 1 1 A It came from one of the staffers. 12 relatively minor. Some of them had districts 12 If I had questions, I would ask them. Or they 13 - split. They wanted 1 -- I mean precincts 13 would come to me and would ask me. But 14 split. They wanted to try to reunite them. 14 basically, it was the staff that would that 15 But those were the basic questions that they .15 said, you know, we're not going to do anything 16 were coming up with and saying we would like to 16 during these years. We will consider it maybe 17 do that. 17 for the next, the next year. 18 I take it, you don't recall the 18 And who were the staffers that you 19 names of any of the 19 were talking to about these issues? 20 A I don't. . 20 A Spiro Amburn, the chief of staff for 21 Do you recall what parts of [he 21 the Speaker. 22 - state or what areas folks might have been 22 And was there any other staffer who 23 asking about? . 23 was involved in redistricting?related issues? 24 A There were several in the south 24 A No. Basically, this is an issue 25 Georgia area. I remember that. There was some . 25 that would need to come from the top of thethe Hall County area. There was some in the 1 the leadership, and Spiro was my pi?imary? I 2 metro, the northern metro area. I remember 2 contact. 3 those Speci?cally. I can't give you the 3 And did you ever talk to the Speaker 4 names, but they were all over the state in 4 directly during the 2013 or 2014 sessions about 5 terms of the people that had asked for changes. 5 redistricting? 6 And if you -- what 3 your best 6 A I'm sure that we did, but there was 7 approximation of the number of people who came 7 very little specific detail. It might be, 8 to you during the 2014 session? 8 Mr. Speaker, you know, I've had some peeple 9 A Maybe eight or ten. 9 interested in making some changes. 10 And I meant to ask, by this point, 10 And it might be, well, that's 11 you must have come to the conclusion that 11 probably not goin to happen. 12 strike that. 12 That's kind of vague,- but there was 13 When did you learn that the 13 never any direct sit down and let's discuss 14 redistricting committee might in fact have a 14 this at that point. 15 role to play in drawing a plan or making 15 Sure, sure. And did that happen 16 changes to districts 111 the middle of the 16 during the 2013 session er the 2014 session or 17 census cycle? 17 both? 18 A Well, I knew that was possible. I 18 A Really, I don?t even know that 19 mean, it's not unusual to make those changes. 19 people were coming up with anything in '13. It 20 And basically the, the idea was that during the 20 was probably in '14 when people began to see 21' '13-'14 we were not going to do anything If 21 where the, you know, like the purchases of land 22 we did anything, it would probably be in 22 and those things begin to, to he -- people 23 So that's what I would tell people. 23 begin to realize where they, you know, where. 24- We're not going to do anything now. If we do 24 they wanted to make a change. 25 anything, we?ll do it all at one time rather 25 How frequently were you in contact Donovan Reporting, PC Electronically signed by Joel Meyer (501 -161 -376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 25 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 20187 24 (Pages with Spiro Amburn during the 2014 cycle? 1 - 2 I A Are you talking about relative to 2 - And who did you have those 3 redistricting? Not very often. Of course, 3 conversations with? 4 he's on the ?oor. I would see him. But in 4_ A I can?t give you specific people. I I 5 terms of having any conversations, it Was very 5 know that I talked to 1116 13601316 in the 6 infrequent. 6 Reapportionment Office who had dealt with it. 7 Q- Okay. -What is your understanding as 7 I depended on them for those type that type 8 to whether or not the State of Georgia can 8 of information 9 redistrict a legislative body in thcmiddle of 9 But most likely, it was with them 10 a census cycle? 10 and members of the House who had been there a 11 A It's historically, it's been 11 while, that had seen it. I had only been 12 done, so I don't think there?s any restriction 12 through the one redistricting myself. 13 whatsoever in our ability as a legislature to 13 Is there any limitation on the 14 do that. 14 number of times the House canredistrict in the 15 And how many times has Georgia 15 middle or a census cycle? 16 'rcdistricted in past census cycles when it - 16 A Not that I am aware of. 17 wasn't required to do so by a court order? 17 Is there any past practice or custom 18 A I eculdn't tell you. I don't, I 18 limiting the number of times the House can 19 don?t have any idea. . 19 redistrict in the middle of a census cycle? 20 Are you aware of any times in which 20 A Not that I'm aware of. 21' Georgia has redistricted in past census cycles . 21- And can the majority party in the 22 when it wasn't required to do so by a court 22 House adopt a redistricting plan to bene?t 23 order? 23 II members of its party who are considered to be . 24 A Not speci?cally. I 24 vulnerable based-on the outcome of past 25 Did you ask that questionat the 25 electionstime that you were serving as chair of the 1 A I would assume that it can. 2 Reapportionment Committee? 2 And what do you base that what do 3 A The question of? What question now? 3 you base your answer on? 4 Fair enough. I?ll 1e- -ask the 4 A Well, the legislature has the power 5 question. . 5 to act. And if you can get the votes, you 6 Did you inquire with folks at the - 6 know, that would be the restriction as to 7 Reapportionment Office or in the legislature as 7 whether or not you had the votes if you '8 to When or? if Georgia had redistricted in the 8 proposed it. So the majority party, if they 9 past in the middle of a censuseycle when it 9 agree to it, could, could do that. 10 wasnlt required to do so by a court order? 10 I And is there any strike that. 11 A - I don't know that I specifically 11 So Republicans in the House, for 12 asked them, but it was general knowledge that 12 example, can adopt redistricting plans to 13 it had happened prior. You know, there was 13 bene?t members of the Republican Party who 14 precedent to do it. Sci I don?t know that I 14 might consider might be considered to be 15 asked anybody specifically if we could. 15 vulnerable based on the outcome of a past 16 The question was, you know, will we 16 election? - 17 rather than if we could. I. don't think there 17 A If it were proposed and if the 18 was anything that would have prevented us from 18 majority voted for 11, yes 19 doing that. 19 And is there a past practice or 20 And what Conversations had youhad 20 custom that for the House to redistrict that 21 with folks about the past precedent with 21 all existing members have to agree to the 22 respect to mid?census cycle redistricting? 22 changes to their district? 23 A Just that it had occurred, that 23 A Im not sure that that was required. 24 there was no, there Was no reason why we could 24 I I know in the legislation I carried, that was 25 not do it if the body decided it wished to do 25 what I required. I said that anyone who wishes Donovan Reporting, PC - - 770.499.7499 Electronically signed bydoel Mayer (501 61-376-451 3) I Case Document 124 Filed 02/26/18 Page 26 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 25 (Pages change their district, everybody that it 1 with themto establish what they felt that was. 2 touches must agree. . 2 . I did not establish it. I 3 Now, I don't know that that is a ?3 'And what are those boundaries to the 4 written, you know, that that's a rule 4 best of your knowledge? 5- somewhere. But that was the that was what I 5 A 1am knew. I did not, I did not 6 told people when they came to me when we did . 6 set them. I d1d not discuss them. The like 7 it, that everybody that it touches must agree. 7 I said, the charge I gave Was whatever is done 8 And is there any past practice or 8 cannot put us in a position where we will have 9 custom limiting the size or the degree of help A 9 a we'll be challenged on it, because we got 10 that the House could give to a vulnerable 10 by before. 1 1. incumbent in a mid-census redistricting plan? 11 The maps were approved. The .12 A Again, I'm not sure that there's 12 integrity of the maps is good. So any change . 13 anything that is specifically written down in a 13 has to be minor. I did not give speci?cs, and '14 rule, That is an area that I depended on the 14' they did not give me very speci?cs, but it -- 15 of?ce to do because, as I said, we did not 15 but they worked with the members. I was not 16 want to jeopardize'the integrity of the map. - 16 even there when they worked with the members to - 17 So any changes that were made had to 17 try to make the changes that the member 18 be relatively minor so that We didn't 18 requested. 19 jeopardize the good work that'we had done when 19 Q. Just to be clear, have you been told 20 the maps were drawn before. 20 that there are any limitations to the size or 21 So the Reapportionment Office would 21 amount of the bene?t that a redistricting plan 22 I have to give you those numbers where they, they 22 can be drawn to give vulnerable incumbents? 23' felt that any changes had to fall within terms of speci?es. I 24 very, very tight, small range. 24 know that there, there are boundaries that we 25 And when did you have these 25 have to stay within, but I do not know I 74 76 1 conversations with folks at the Reapportionment couldn't give you the speci?cs on it. 2 Office on this precise issue? 2 Did you know what they were at the 3 MR. KHOU RY Object to the form of 3 time that you were the chair of theIHouse 4 the question. I 4 Reapportionment Committee? -5 I ll re?ask the question. What did 5 A I did not. I 6 the Reapportionment .Office tell you with 6 Now, if a district ?ipped in the - 7 respect to the size or degree of political 7 prior election, say from Republican to 8 advantage that the that a mid?census 8 Demderat, does any past practice or custom 9 redistricting plan could give to a vulnerable - 9 prevent the majority party from making changes 10 . incumbent? 10 . to that district to try to ?ip it back so that 11 MR. KHOURY: Object to the form of 1.1. the Republican Party can take the seat back in 12 the question. You can answer. 12 the next election? 13 A I'm not surethat they gave me the . 13 - A I'm not aware of anything that would 14 speci?cs on it. My charge to them was do not 14 restrict that. Here again, it?s a political 15 do anything that would jeopardize our standing 15 process. If it's proposed, if the majority 16 on the work that was done previously. That was 16 approved that, I don't think there? 3 any 17 part of the charge. l7 limitation on that. 18 I That was part of what I told the 18 . Redistricting, is that an inherently 19 people that came to me that wanted to Change 19 political activity-in your opinion? 20 the districts, that we're not going to do 20 A I guess the answer to that is 21 anything'that would put our good standing in 21 certainly it can be. The majority of the - 22 jeopardy where we got this done before. 22 things that I worked on were not political in 23 I They will have to be relatively 23 nature. They were more personal, as I?ve 24 minor, and they will have to be here again, 24 talked about, somebody wanting to they've 25 that's where the Reapportionment Office worked 25 get property just across the line or something Donovan Reporting, PC Electronically signed by Joel Meyer (501-151-376-4513) 770.499.7499 Randall Nix Georgia State Conference of the NAACP, et al vs Kemp - Case Document 124 Filed 02/26/18 Page 27 of 96' January 10, 2018 26 (Pages 77 to 80) 79 of that nature. They re trying to get family 1 Yeah. And as chair of the 2 members back 1n or reconnect a precinct that 2 Reapportionment Committee, how would you 3 got Split 3 balance the considerations and politics that 4 But the answer to your question, it 4 affect the redistricting process? 5 is a political it is a political exercise. 5 A I think it goes back to what I told 6 (Whereupon a document was identified as- 6 you a little bit earlier, that my charge to the 7 Plaintiffs Exhibit 87) 7 members was and let's go back a little 8 Oh, wait. Sorry. I've got to mark 8 further than that. -I made the announcement 9 it. 9 before the entire chamber that wewere going to 10 I'm going to hand you what I've 10 consider redistricting during the session. 11 marked for identification as Plaintiff 11 I made it before the majority 12 Exhibit 87. And what is the title of this 12 caucus, and I made it before the minority 13 article? . 13 caucus. I talked to the minority leader and 14 A Progressives Target GOP Advantage in 14 made them aware that if anybody wished for us 15 Gold Dome Maps 15 to consider that they let us know and that they . 16 And this was written by Maggie Lise 16 needed to get with the Reapportionment Office 17 on August 15th, 2016; correct? 17 and see if it would work within the parameters 18 A Yes. Phat's what's on it, uh?huh 18 that we gave them. 19 . (af?rmative). 19 And then the fact that as you we 20 I'd like to direct you to the second 20' talked about earlier that my insistence was 21 page and 1n particular to the paragraph that 21 that everybody had to agree, that we were not 22 starts -- in the middle of the page that starts 22 going to we were not going to change a 23 with, "But fans of the status quo.". 23 district if one of the people said I'm not 24 A 24 I going to do that. 25 And do you see where the article 25 And we had people on both sides of 78 so 1 refers to you as chairing the House Legislative 1 the aisles who wanted to make changes. All of 2 8: Congressional Reapportionment Committee? 2 these changes were done. So I think that 3 A Yes. 3 trying that with that balance there was no, 4 And you had said-that it's not 4 no coercion of anybody. It was open to' 5 likely that the legislature would approve the 5 everybody, and everybody had to agree. 6 formation of a citizens' redistrictin 6 So Ithink that went as far as you . 7 commission; is that correct? 7 could go to take the political aspect out of 8 A Well, the true quote is that I?m not 8 it. 9 sure there could ever be an independent 9 Isn?t there the issue, however, 10 - redistricting commission. I didn't say they 1.0 that, you know, the member might be 11 would never do it. But by nature itself, if 11 self?interested in seeking to gain political 12 it's a commission that people have to be 12 advantage fo1 him or herself and ignoring the 13 appointed to, some political person?s going to 13 needs of other community members in his or her 14 appoint that-person. I 14 district? 15 So my quote, I will stand with .15 A Here again, that could be a 16 there. I'm not sure there could ever be an 16 possibility, but that's where the . 17 independent redistricting commission. 17 Reapportionment Of?ce having the charge to - 18 And do you also stand by the second 18 make sure that we don't jeopardize our good 19 part of the quote with respect to being 19 standing on the maps, that's where they had to 20 there being political in?uences on the on 20 balance that. 21 any redistricting body? 21 They had to look at that and say, I '22 A Sure. That's essentially what I've. 22 okay, if we are making the change to this 23 already told you. somewhere there would have 23 district and it affects this district in an 24 to be political influence. Ijust don't think '24 amount greater than we feel to do it, we won't 25 you can take politics out of politich 25 - do it. Donovan Reporting, PC Electronlcally signed by Joel Meyer (561-1 61 4376-4513). 770.499.7499 Case Document 124' Filed 02/26/18 Page28 0196' Randall 0. Nix Georgia State Conference of the NAACP, et al vs 'Kemp- .- Januaiy 10, 2018 27 (Pages your testimony then that 1 a H. putting a bill together. As I said, we 2 the, that the Reapportiomnent Office has the 2 did not want to do it piecemeal. So .1 think in 3' responsibility of making the determination as 3 all fairness, both sides of the aisle needed to 4 to when changes to the district crosses the 4 know what we were doing'and have time to be 5 line from acceptable to unaceeptable? 5' able to. get with the Reapportiomnent Office and 6 A I relied on them for that 6 get it worked out, so it Was, it was early in 7 information, yeah. They -- the statistics, the 7 that session. 8 things that go into that, are quite involved, 8 Maybe the first or second week'of 9 as you might know. And those people over there 9 the legislative session? 10 understand that tremendously better than-I do. 10 A. Yeah. Say second or third week. I 11 So when we had our discuSsion about, 11 can?t put a specific time on it, but it was, it 12 you know, we?re not going to, we'1e not going 12 was early, with enough time for them to be able 13 to jeopardize these maps, you've got to keep it 13 to get thework done that needed to be done. 14 clean, I felt like that that was something that 14 And by this point, had you already 15 they could very" well do. They were reviewed 15 Spoken with House leadership as to whether or 16 when they came through by legislative counsel. 16 not leadership was interested 1n pursuing 17 So, yes, I felt like it was 17 redistricting the 2015 session? . 18 appropriate for them to be able to make that 18 A Yes. 19 determination because they knew what was there. 19 And who did you speak to 20 They knew 'where the limits were. 20 specifically? 21 And when it came time to assess the 21 A Here again, I'm sure it was with the 22 question of whether or not the changes made to 22 Speaker? chief of staff, Spiro A1nburn. He 23 the districts were in compliance with state and 23 was, as I said, my primary contact, and he 24 federal law, is it fair to say that you? vs 24 would have been the person who would have . 25 deferred to the Reapportionment Office and 25 . communicated if we were or were not going 8 2 8 4 A 1 legislative counsel in making that 1 forward with it. 2 determination? 2 And what did he strike that. 3 A In general. I defer to them to say 3 What was the conversation that 4 have we, have we done everything that we need 4 the contents of the conversation you had with 5 to do. Here again, are we within the 5 Spiro Amburn inearly 201-5? 6 boundaries? Is this going to keep us' from 6 A Essentially the same things I've 7 being in jeopardizing the work we've done . 7 been talking about, that it had to be done 8 before? That was always one of the, one of the 8 fairly, we wanted to offer it to everyone, not 9 charges. - 9 that everyone could do'lit because some of the 10 We do not Want to -- we don't want 10 changes some people wanted Wouldn't work. But 11 to mess up the good work that was done earlier. 11 we wanted to make sure that everybody, both 12 And when making an assessment as to 12 Republican and Democrat, knew that we were 13 whether or not the-changes in HE 566 were 13 going to make changes and that if those changes 14 compliant with federal and state law, did you 14 fit into the parameters that they would be 15 do anything else other than ask the 15 considered. ~16 Reapportionment Office and the legislative 16 And was that determination that 17 counsel for their, for their views? 17 strike that. - 18 A Not that I recall. 18 Was the detennination that you would 19 .And before we move on, you ha l9 reach out to members of the minority caucus as 20 you mentioned earlier that at some point you 20. well, did that come from you or the leadership? 21 made an announcement on the House ?oor to all 21 A It came from our discussion that, 22 of the members of the legislature. When did 22 that we wanted to do it fairly. And that was 23 that announcement take place? 23 the -- that was the outcome think we did it early in 2015 as 24 this in the most faii open manner. 25 we were beginning to think about formulating 25 Would it be fair to say that you and Donovan Reporting, PC Electronically signed by Joel Meyer (501?161-376-4513) 770. 499. I7499 Case Document 124 Page 29 of 96 Georgia State Conference of the NAACP, et al vs Kemp - Randall O. Nix January 11}, 2018 28 (Pages-the leadership mutually decided that the '1 south Georgia, basically south of the metro 2 redistricting process would be open to members 2 area. Most of those where population had 3 of both parties? 3 shifted to the point that some of the districts 4 A - Yes. I 4 had, had to be enlarged to have the right 5 And you mentioned that some members 5 number of population. 6 wanted changes that wouldn?t work. What do 6 So it's, it's those districts, 7 you recall what those changes were? I 7 basically, away from the metro. 8 A They were just things that fell 8 Before becoming chair of the 9 outside the boundaries that we had that would 9 Reapportionment Committee, did you have any 10 have jeopardized the map. There were some of 10 prior experience with redistricting? 11 them that wanted to makes that just didn't 11 A Not directly, no. The only 12 . work. Some of them wanted to make changes that 12 experience I. had had was when we went through 13 the other members didn't want to agree to, so . 13 the redistricting after the 2010 census. All 14 it just fell outside of the parameters we had 14 of us went in to discuss our district and -. 15 given them in order to make a change. 15 locked like it was going to be that was my 16 And which members were that? 16 exposure to the real process itself. 17 A I honestly I don?t, I don't 1? And when you say you went in, do you 18' recall the number, the people. There were 18 mean to the Reapportiomnent Of?ce? - 19 several people. And when they came to me in 19 A Yes. 20 some instances, I'd just say go talk with the 20 And did you have a long meeting with 21 office. And then they?d go to the of?ce and 21 folks at the Reapportionment Office in 2011? . 22 ?nd out that, you know, what they wanted to do 22 A I don't recall it being a long 23 wouldn't work. But I don't have specifics on 23 meeting. 24 those. . 24 And did you request any speci?c 25 Do you recall whether or not there 25 changes to be made to your district? 8 6 8 8 1 were parts of the state in which members wanted 1 A I did not. 2 to make changes in 2015 but ultimately no 2 And besides that single meeting with 3 changes were made because it wouldn't work? 3 . the Reapportionment Of?ce, you didn't have any 4 A Here again, I don't, I don't recall 4 experience with redistricting prior to becoming 5 specifically. Iknow there were some south 5 chair in 2013?? . 6 Georgia districts that are huge that encompass, 6 A That's correct. 7 you know, five, six counties. And some of 7 Did you have any background with 8 those that the member had asked to look at just 8 using GIS, Maptitude, or 'other kinds of mapping 9 did not, did not work. 9 software at the time you became Reapportionment 10 When you refer to south Georgia 10 Committee chair? 11 A Excuse me. 11' A No, I did not. 12 When you refer to south Georgia, 12 Were you familiar with what 13 does that include the entire area extending 13 traditional redistricting principles were at 14 from the southwestern portion of the state over 14 the time you became Reapportionment Conunittee 15 to Savannah? What do you -- 15 chair? 16 A Yeah. 16 A When you what do you mean 13y 17 Strike that. What do you mean when 17 traditional? There, 18 you refer to south Georgia? 18 . Sitting here today, are you familiar 19 A Quite a bit rs just rural Georgia. 19 with what traditional redistricting principles 20 When you get past the metro area down south, I 20 are? 21 mean, you can talk about Albany and Bainbridge, 21 A Here again, it depends on how you 22 you know, all of those areas in there, all the 22 de?ne traditional. You know, they've been 23 way aeross to Waycross, all the way to 23 done in somewhat the same fashion, I'm sure, 24 Savannah. 24 for a long time, probably a lot more 25 So when I say south Georgia, 1. mean 25 sophisticated now due to the extreme detail Donovan Reporting, PC Electronically signed by Joel 'Moyer (501-161-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 30 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 29 (Pages that they have on the maps down to the street 1 together the districts. And essentially, that 2 level. . 2 was their that was their thing, not mine, in 3 Sol know that at times'they didn't 3 terms of the very sophisticated statistics they 4 have that much detail, but it was still the 4 get down to. . . 5 same type of process, whereas now we can get 5 Did they tell you anything else with 6 down to the street level. You know, back then, 6 reSpect to redistricting? 7 they picked a river or something. They had to 7 A I'm sure that they did, but what 8 have a little different way of bounding. 8 Specifically are you looking for? 9 I But if that's what you mean as 9 Did'they, for example, train you on 10 traditional, yeah, I had some familiarity with 10 how to use mapping-related software or thin gs 11 that. 1 of that nature? 1.2 - And sitting here today, can you name 12 A No. 13 any traditional districting principles? 13 Did they give you any training on - 1. 4_ KHOURY: Obj cut to the form of 14 analyzing elections? 15 the question. You can ansWer it if you know 15 A No. 16 what that means. 16 In the course of getting up to speed 17 A 1 really don't, unless you can 17 for serving as chair of the Reapportionment 18 somehow better explain to me by what you mean 18 Committee, did you ever talk with Dan O'Connor 19 by traditional. Imean, it's a process that?s 19 from the Reapportionment Committee? 20 been happening ever since we became a state, I 20 A Yes; 21 assume. So I?m sure there are things that 21 And did you speak with him 22 happen the sarne Way new. There's much more 22 frequently or from time to time? 23 sophistication maybe than there was before. 23 A From time to time. Of course, I 24 . Had you undertaken any kind of 24 Spoke with all the people in the office there 25. research or study into redistricting prior to 25 as they were working on this, they would 90 9'2 1 becoming chair of the Reapportionment 1 when I'd go to the of?ce, you know, but not 2 Committee? 2 very I mean, there was no organized meeting 3 A No. 3 or schedule of meetings with them. 4 What qualificiations do you have that I 4 When'you say, "from time to time,? - 5 made you the most suitable person in the 5 would you talk with Mr. O?Connor once every few 6 Georgia legislature to serve as Reapportiomnent 6 . weeks or few days, few months? 7 Committee chair? - 7 A Well, depending on what we were 8 MR. KHOURY: Object to the form of 8 doing. When we were in the -u when we were 9 the question. You can answer. 9 trying to finalize this, I talked to him 10 A The Committee on Assignments chose 10 probably daily trying the pieces were coming together to develop the 12 And while you served as strike 1.2 legislation, since I was going to carry it. 13 that. . 13 On a general basis, those ?rst 14 Subsequent to your appointment as 1.4 couple of years, it was, you know, other than 15 committee chair, what training on 15 just when I happened to see him, you know, it 16 redistricting?related matters did you undertake 1.6 was probably every other week. 17 or were given to you? i 17 And here again, we were on the same 1 8 A I had no formal training other than, .18 floor there, so it wasn't unusual to meet him 19 as I said, the discussions with the Of?ce 19 in the hall, hey, what's going on, and that 20 there in terms of some of the things that they 20 kind of thing, but not a not any type of 21 did, you know, what do you do. 21 formalized, detailed meeting. 22 And what did they tell you? 22 And when you were talking with 23 A They said, we ?gure out where the, 23 Mr. O'Connor, what were you talking to him 24 where the people live. We they've gotten a 24 about? 25 very sophisticated map, and we use this to put 25 A There was no speci?c subject. If Donovan Reporting, PC Electronically slgned by Joel Meyer (501 -1 61 -376-451 3) 770.499.7499 Case Document 124' Filed 02/26/18 Page 31 of 96 Randall O. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 30 (Pages had been working with one of the members, it 1' that were not challenged. They had been 2 might be something, you know, you know, will 2 accepted by the Obama administration's Justice 3 this work within the parameters we?ve got, what 3 Department. 4 do you think about it, that type of - 4 So when I say the integrity of the 5 conversation. . 5 map, we didn't want to do anything that would 6 Was he involved in the redistricting . 6 call those into question and cause its problems 7 process in 2015? 7 that we didn't have.? 8 A Yes. 8 And with respect to the 2015 9 And what was Mr. O'Connor 5 role 9 redistricting speci?cally, what was the 10 with respect to the 2015 redistricting process? 10 breakdown of labor, if you will, in terms of 1 A Dan probably knows more about the 11 the roles and responsibilities that you had 12 maps than any human being alive, and he was l2 and strike that. 13 Dan could stand right here probably and name 13 What was the division of labor with 14 every district and pretty much give you the 14 respect to responsibilities for drafting and 15 boundaries. So he was, he was one of those 15 analyzing the 2015 bill as it progressed? 16 peeple that had knew all the stats, the 16 A The Reapportionment Of?ce, I mean, 17 statistics, and he was much deeper than I could 17 they were the primary factor there in terms of 18 ever be. - 18 putting it together, legislative counsel, 19 So usually, it was just, Dan, does 19 again, to make sure that it fit within allthe 20 this meet the parameters .or not? 20 parameters. 21 - And when you say "the parameterscoordinate and 22 was he conducting analyses to determine whether 22 make sure that everybody was in agreement, to 23. the districts complied with the law? You know, I 23 make sure that-we were staying within the 24 what, what kinds of analysis was he 24 parameters that we had set, and make sure that 25 undertaking? 25 I was comfortable enough to be able to present . 94 96 A Everything that you go through in 1 it and pass the legislation, carry the 2 the redistricting process. You know, all the 2 legislation. 3 statistical information, that's what Dan does. 3 But the primary responsibility was 1 4 And What statistics would Dan 4 the Reapportionment Office and probably hand' in I '5 discuss With you? 5 hand with legislative counsel. 6 A Very seldom was it a was it 6 And what was the breakdown of loles 7 speci?c statistics. It was, you know, is 7 and responsibilities within the Reapportionment 8 this if we do this, is it going to affect 8 . Of?ce? - 9 the integrity of the maps? Are we going to 9 A I couldn't tell you. You would need 10 create problems if we should do this? Does 10 to talk with the executive director there. She 11 this fit within -- does everybody agree? 11 could give you that 12 'My conversations with him was not 12 Who did you interact with most 13 into the very specific statistics. But here 13 ?equently When you needed to contact someone 14 again, does it fit within the parameters that 14- at the ReappOrtionment Office? 15 we? ve discussed earlier? You know, is it 15 A Usually the executive director, with 16 make sure that the map -- the integrity of the 16 Gina. 17 . map's not violated. You know, does everybody .17 Other than Ms. Wright and 18? agree? 18 Mr. O'Connor, did you interact with anyone else 19 Those were the type things, again, 19 at the Reapportionment Of?ce regarding the 20 very high level. '1 did not get down into 20 2015 redistricting plan? 21 individual statistics with him. - 21 A You know, occasionally I would 22 And when you say protect the I 22 Brian would be working on it as well. The 23 integrity of the map, what do you mean by that? . 23 front desk secretary, you know, in and out With 24 A Like I've told you several times, we 24 her. So, yeah, there was, there was 25 were very proud of the maps that were drawn I 25 interaction. But as far as specifics,- it was 'Donovan Reporting, PC Electronically signed by Joel Meyer (501-161-376?4513) 770.499.7499 Case Document 1124 Filed 02/26/18 Page 32 of 96 Randall 0. Nix Georgia State Conference of the NAACP, et al vs Kemp January. 10, 2018 31 (Pages 97 to 100) 9 7 9 9 1 more Gina and Dan in terms of, you know, is 1 committee hearing process? 2 this going well, or is this not going well? 2 A It, it was, but our hearing was a 3 Are we good with what people are asking? Can - 3 public hearing when We, when we metAnd you're referring to the What was your role as committee 5 committee hearing. 6 chair with respect to getting House Bill 566 6 A Yes. 7 through the legislature? 7 (Whereupon a document was identi?ed as 8 A 'As the committee chair, I was the 8 Plaintiffs Exhibit 88.) 9 sponsor of the bill. So -- 9 Is that correct? I?m going to hand - 10 Is that an automatic thing, that the 10 you what I've marked as Plaintiff's Exhibit 88. '11 chair of the committee is a sponsor of the 1 What is this document? 12 bill? 12 A This is the website page for 13 In my experience, that's usually 13 - Chairman Lane from the 2011?2012 session. 14 been true. When, when Roger was there, I know . 14 And the members of the legislative 15 Roger carried the legislation. So I can't tell 1.5 Congressional Reapportionment Committee in the 16 you in my experience, that's true, yeah. 16 . 2011~2012 regular session included Chairman 17 And beyond serving as -- strike 17 Lane, Vice Chairman Ramsey, Doug McKillip, 18 that. 18 Sharon Black, Bob Bryant, 1.9 As committee chairman and sponsor of 19 Tom Dickson, Matt Dollar, Earl Ehrbart, Henry 20 the bill, what were your responsibilities with 20 . Wayne Howard, 'Sistie Hudson, Mack Jackson, Scan 21 respect to helping the legislation move along? 21 Jerguson, Jan Jones, Rahn Mayo, Barbara Massey 22 A Essentially being able to explain, 22 Reece, Ed Rynders, Smith, Richard 23 it, here again, to tell why we were doing it, 23 H. Smith, Mickey Stephens, Willie Talton, and 24' to explain that the members had agreed to it, 24 John Yates; is that correct? . 25 to explain that we had gone through the process 25 A You know, lwas not on there. I'm 98 100 1 to make sure that we stayed within the 1 assuming that the information you have produced 2 parameters and didn't jeopardize previous work, 2 here is true. That's what's on the sheet that 3 - to, to let them understand the process we had 3 you gave me, yes. 4 gone through and make them comfortable that 4 (Whereupon a document was identified as 5 they would be willing to support that. 5 Plaintiff's Exhibit 89.) 6 And when you explained to other 6 I'm handin you what I'm marking for 7' legislators why you were pursuing House 7 identi?cation as Plaintiff's Exhibit 89. 8 - Bill 566, what did you tell them? 8 And what is this decoment? 9 A Essentially that we had chosen to do 9 A This 18 my well, the committee - 1.0 that in the mid?cycle, which is perfectly - 10 web page for 2013 2014. - 11 permissible, that we'd had a number of people 11 And it lists the committee members 12 who had asked over the last couple of years the 12 for on [he Reapportionment Committee during 13 possibility of making changes and that the 13 that session; correct? l4 leadership had agreed that we would make those 14 A Yes 15 changes, that we have worked within all the '15 And those members include, in 16 parameters that I've described to you, and that 16 addition to yourself, Susan Holmes, Ed Rynders, 17 this is, this is something we can, we can feel 17 - Kimberly Alexander, Sharon Beasley?Teague, 18 comfortable voting for. 18 Ellis Black, Kevin Cooke, Pain Dickerson, Tom 19 Was it your responsibility to 19 Dickson, Matt Dollar, Earl Ehrhart, Mack 20 facilitate committee hearings on HouSe Bill 20 Jackson, Jan Jones, Rahn Mayo, Sandra Scott, Ed 21 566? - 21 Setzler, Smith, Richard Smith, Mickey 22 A Yes. 22 Stephens, Willie alton, Able Mable. Thomas, and 23 Was it your responsibility to decide 23 John Yates; correct? 24 whether the redistricting bill would have a 24 A That is correct. 25 public hearing outside of, outside of the 25 (Whereupon a document was identified Donovan Reporting, PC. . Electronically signed by Joel Meyer (501-161-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 33 of 96 Randal] o. Nix Georgia State Conference of the NAACP, et al vs Kemp January-10, 2018 32 (Pages 101 to 104Plaintiff 8 Exhibit 90.) 1 Which members of the Lagislativ'e 2 Now handing'you what I've marked 2 Congressional Reapportionment Committee in the 3 for identification as Plaintiff's Exhibit 90. 3 2015?2016 session were Republicans? 4 And what is this document? 4 A You want me to go down by awe? 5 A This is'the committee web page for 5 Yes. 6 - the 20152016 session. 6 I A I believe I can get all of these 7 And this document lists the 7 right. Myself Susan Holmes, Ed Rynders, 8 committee members on the'Reapportionment 8 . Kevin Cooke, Tom Dickson, Matt Dollar, Chuck 9 Committee during that session; correct? 9 Efstration, Earl Ehrhart, Jan Jones, Ed 10 - A That is correct Ibelieve those 10 Setzler, Smith, Richard Smith, and John 11 are the members 1 1 Yates. .12 And the committee members, include, 12 And which members of the 13 in addition to you, Susan Holmes, Ed Rynders, 13 Reapportionment Committee in the 2015- 2016 14 Kimberly Alexander, Sharon BeaslcyuTeague, . 14 session are Afl?icanwAmerican? 15 Kevin Cooke, Pam Dickerson, Toni Dickson, Matt 15 A Able Mable Thomas, Mickey Stephens, 16' Dollar, Chuck Efstration, Earl Ehrhart, Matt 16 Sandra Scott, Rahn Mayo, Matt Jackson, Pam - 17 Jackson, Jan Jones, Rahn Mayo, Sandra SCott, . 17 I Dickerson, Sharon Beasley?Teague, Kimberly 18 - Ed Setzler, Smith, RichardI-I. Smith, 18 Alexander. I believe, I believe that's, 19 Mickey Stephens, Able Mable Thomas, and John 19 that's correct. 20 Yates; correct? 20 How many of the -- strike that. - 21 A That is correct. 21 Which members of the 22 (Whereupon a document was identi?ed as 22 Reapportionment Committee represent districts 23 Plaintist Exhibit 91.) 23 that are wholly or partly 1n Gwinnett County? 24 Handing you what I've just marked 24 A Ihonestly could not tell you that. 25 for identification as Plaintiffs Exhibit 91. 25 I don't, I don't have that information. 102 104 1 And what is this document? 1 Okay. Do you know if 2 . A This is the committee web page for 2 Representative Efstration's district is wholly 3 the 2017?2018 session. 3 or partly within Gwinnett County? 4 And while you are not chairman of 4 A I do not. 5 the committee, at that time you were you're 5 And do you know if anyof the . 6 still a member; correct? 6 members of the Reapportionment Committee 7 A That is correct, yes. 7 represent districts wholly or partly within 8 And the members of the committee, 8 Henry County? 9 in addition to you, include Chairman Johnnie 9 I A I do not. 10 Caldwell, Vice Chairman Chuck Efstration, 10 What is the process by which 11 Susan Holmes, Kimberly Alexander, Shamn 11 members get selected to serve on committees? l2 Beasley?Teague, Kevin Cooke, Pam Dickerson, 12 A That?s a function of the leadership 13 Matt Dollar, Earl Ehrhalt, Rich Golick, Mack .13 of the Speaker's office of the Committee on 14 Jackson, Jan Jones, Ed Rynders, Sandra Scott, 14 Assignments. I . 15 Ed Setzler, Smith, Richard H. Smith, 15 And what is the process by which h? 16 Mckey Stephens, and Able Mable Thomas; 16 strike that. 17 correct? 17 Does the leadership of the minority 18 A That, that 1s the list. I believe 18 party determine which members of the minority 19 that' is true. 19 party serve on the Reapportionment Committee? 20 All right. I'd like to turn back 20 - A I don't know. 21 to the 2015 2016 session 21 But with respect to the majority 22 A Uh? huh (af?rmative). 22 party,th at determination is made by the 23 And I wanted to ask you what the, 23 Speaker and the Committee on Assignments? 24 what the breakdown of the reapportionment 24 A Correct. 25 strike that. 25 All right. What was your strike Donovan Reporting, PC I Electronically signed by Joel Meyer (501-161-376-4513) 710.499.7499 Case Document 124 Filed 02/26/18 Page 34 of 96 Randall D. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 . 33 (Pages 105 to 108that. 1 doing it. This is Why I think you can be 2 In the course of drafting the House 2 comfortable'with the, the bill. And that was 3 Bill 566 and the subsequent hearing process, 3 it. I did not have there was no big tile 4 what documents did the Reapportionment 4 'on it in terms of, of documents other. than 5 Committee generate? 5 what the Reapportionment Of?ce itself may 6 A They -- of course, each, each - 6 have kept or what was required. 7 . district had its own map they was they 7 The clerk's of?ce keeps a lot of, 8 would generate, and I can't remember if that 8 a lot of that as well, but I don't know_the .9 was actually presented to the, to the entire 9 requirements, and I did not have a file on it. 10 committee or even to the body. But they 10 What documents strike that. 11 generated that. 11 Would you provide documents to the 12 They generated the bill itself that 12 clerk's of?ce for them to retain? 13 had the legal descriptions on it. AndI 13 A No. 14 believe, if I recall, we had a map that just 14 Does Georgia law require that 15 shOchthe in colors, you know, where the 15 official records related to any changes 16 districts were that were being affected. l6 affecting voting precincts be retained for a I 17 And therecould have been more 17 certain amount of time? 18 documents, but that's all I speci?cally 18 A I don't know. 19 remember. 19 Do you know if any document 2O And how would you communicate with 20 strike that. 21 committee members to share documents With them - 21 Outside of the bill itself and any 22 related to House Bill 566? 22 analyses maintained by the Reapportionment 23 . A Essentially, the members, if they 23 Office, did the House committee generate or 24 had questions, was the same as a member who 24 receive any other documents or records related 25 wanted to change -- you would need to go if 25 to the 2015 redistricting? 106 108 1 you want the Speci?cs on it, go to the of?ce 1 A Not that I'm aware of. 2 and get with, with them and let them give you 2 Have you kept any House 3 the speci?cs. Let them give you the details. 3 Reapportionment Committee documents in your 4 And strike that. 4 possession? - - 5 Are committees required to retain 5 A I?ve got the notes that I had when 6 documents produced in the course of evaluating: 6 we presented it is the only thing. I 7 bills or heating bills? 7 And you still have those in your 8 A I'm not aware of what the 8 possession'today? 9 requirements are. I know that most of this, 9 A Yes. . 10 of course, is on computer now. You can, you 10 And have you produced those notes 11 can see all the stuff. I would be most 11 to your counsel? 12 assured that the Reapportionment Of?ce has 12 A I have not I don't, I don't know 13 all of this. 13 that it was, it was ever solicited, but I have 14 'But as far as, as the requirements 14 those. . 15 to retain it, I honestly don't know. '15 . And what do these notes consist of? 16 What documents strike that, 16 A Primarily what I've told you all 17 Did you have a policy with respect 17 along: the basis for why retaining documents related to House Bill 18 did it, the parameters, and the I think I 19 566? 19 had a one~page picture of where the districts 20 A . I didn't have a policy. What I 20 were that were being changed. 21 . would do is I would have what-I presented to 21 But again, going back to the fact 22 the, to the body. That was essentially what 22 that everybody agreed, the fact that, you 23 I, what I had, you know, essentially going 23 know, we were very every, everything was 24 over what we've already discussed. 24 done within the parameters to make sure that 25 This is why, this is why we're 25 we did not, you know, affect the integrity of Donovan Reporting, PC Electronically signed by Joel Meyer (501-161-376-4513) 770,499.7499 Case DocUment 124' Filed 02/26/18 Page 35 of 96 Randall o. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 34 (Pages 109 to 112) 109 111 1 the map that we had, had done well on before. 1 part of the state, so a lot of those districts 2 Essentially, those, those were the 2 got pushed to the north, including mine. 3 things that I kept in my notes that I had to 3 And did you have to negotiate 4 use to present the bill. I don?t think 4 changes concerning strike that. 5 that I -- I'm trying to remember. Probably 5 When you met with the 6 not three pages in there, but those are the 6 Reapportiomnent Of?ce to discuss the changes 7 things that I had to feel comfortable with to 7 to your district, did you suggest any changes 8 go to the ?well. 8 to What they proposed, or were you okay with 9 It was basically an outline of your '9 what they?d given you? 10 presentation for the committee or 10 A. -Well, like most anybody else, I 11 A Yeah. 11 wanted to keep as much of my home county as I 12 House ?oor? 12 could. I said, you know, I'd really rather 13 A Yes. 13 keep that. And the maps just didn't, didn't 14 And did you produce those notes 14 support that 15 your self? 15 The other alternative that was 1.6 A In terms of like handwritten? 16 given to me was to move into Coweta County, 17 Did you create the notes or outline 17 which I did not know the peeple over there. I 18 yourself? 1 8 knew the people in Carroll County. So I said, 19 Most of it, I did. Now, the 19 if I've got to pick up additional f,olks I'm 20 Reapportionment Of?ce created the map, you 20 already familiar with the leadership up there 21 know, that they gave to me and those things. 21 We'll go there. 22 But other. than that, yeah, there was outside source. The -- with my legislation, I 23 contentious meeting. It was I would have 24 take the things that I, that I've got to 24 rather have kept my old district. But just by. 25 present and put it together myself. 25 nature of what happens when you do this with 1 0 2 1 There was no outside documentation 1 requirements that are south of us, I got . 2 there, if I understand your question 2 pushed up. 3 correctly. 3 Did yourpersonal experiences 4 (Whereupon a document was identified as - 4 during the 2011- redistricting affect your 5 Plaintiffs Exhibit 92. 5 approach with respect to your role as 6 - You do. Thank you. 6 Reapportionment Committee chair? 7 I'm handing you what I've marked 7 A Only that I saw what extreme data 8 for identification as Plainti ff?s Exhibit 92.8 I it takes to put this together. I think that 9 Representative Nix, is my understanding 9 would be the only way that it affected me. Up 10 correct that the 201 1 redistricting wasn't 10 until that time, I had no idea the amount of 1 1 a didn?t affect you in a major way? 11 data that they had on a map and the way that 12 A Again, it depends on how you define 12 the districts were, were assembled. 13 major. A great deal of my district moved to 13 When you met with the - 14 the north, as a number of districts did. 1 14 Reapportionment Committee, what statistical 15 lost voters in my home county and picked up 15 - data did they share with you?- 16 voters in Carroll County. Whether you can 16 A Basically, it was population data 17 call that major or not, it was I would call 17 and the fact that the folks that were south of 18 it significant 18 me, in order to maintain their districts, had . 19 Your district was underpopulated at 19 to pick up population to the north. So it was 20 the time of the 2010 census and needed to pick 20 basically the population migration not 21 up pepulation; is that correct? 21 migration, but the population growthin the 22 A It wasn't underpopulated. The 22 north part of the state versus the southern 23 underpopulated districts were the south of us, 23 part of the state, the metro area and the 24 and everything kind of got pushed to the 24 northern area, was the primary driver of 25 north. The- growth had been in the. northern 25 everything that we did. Donovan Reporting, PC Electronically signed by Joel Meyer (501 -1 61-37645?! 3) 770.499.7499 Case Document 124 Filed 02/26/18 Page 3.6 of 96 Randall D. Nix I Georgia State Conference of the NAACP, et al vs Kemp . January 10, 2018 35 (Pages 113 to 116) 1 1 3 1.5 1 And thatmisshapen or not suf?ciently compact? ?2 raise any objection because I understood what 2 A No. 3 they were up against, that, you know, they had 3 Did you have any concerns that the 4 to try to make those things work. And, you 4 2012 plan unduly split voting precincts or 5 know I wasn't 100 percent happy, but, you 5 counties? 6 know I respected the fact that they hadDid you have any concerns that the 8 And I felt like they did it as best 8 2012 House plan did not sufficiently keep 9 they could even if it didn't I wasn't a 9 together conununities of interest? .10 hundred percent happy. 10 A No. 11 Atthetirneofthe2011andthe 11 Atthetimeofthe2015 12 . 32012 redistricting, did you ever consider or 12 redistricting, did you have any concerns that 13 concern yourself with any of the State House 13 the 2012 had any unequal pOpulation deviations 14 districts other than yours? 14' that needed to be fixed? 15 A Well, just by nature of the fact 15 A Now, this 18 the 2012? What 16 that I was giving up some and taking some, 16- state your question again, please. 1? yeah, yeah. Just looking at, you know, the 17 At the, at the time you of the 18 I fact that a number of precincts that I had in 18 2015 redistricting, did you have any concerns 19 the LaGrange area that I was very familiar 19 that the existing 2012 plan had unequal 20 with, I was going to be giving up, that the 20 population deviations that needed to be 21 person south of me, who happened to be John 21 corrected? '22 Pezold, was going to pick up, and that taking some, some of the precincts that were 23 At the time that you were drafting 24 in the northern area there that, that a 24 House Bill ?3 66 in 2015, did you think that the 25 previous Representative had as well. 25 existing 2012 plan suffered from any legal, 114 116 1 So, yeah, that was, that was the 1 technical, or other shortcomings? 2 biggest concern about those. And as I said, 2 A No. 3 - with Coweta County, with that as an option,'I 3 MR. POWERS: This would be a'?ne 4 just felt like that, rather than try to have 4 time to take a ?ve?minute break, if that's 5 to learn a whole new set of leadership over 5 okay with you guys? 6 there, that I was content to stay within the 6 MR. KHOURY: That?s okay. 7 counties that I had . 7 -MR. How much more you 8 And have you ever strike that. 8 got, John? 9 As you became Reapportionment 9 THE VIDEOGRAPHER: Going off the 10 Cemmittce chair and took a? look at the 10 record at 3 4.6 11 existing House districts, did you ever have 11 (Proceedings 1n recess, 3:46 pm. to 12 . any concerns that the existing plan violated 12 4:05 p.111) 13 federal or state law? 13. THE WDEOGRAPHER: We're now back 14 A No. 14 on the video record at 4:05 pm. This is the 15 Did you ever have any concerns that 15 start of Video ?le number three. 16 the existing plan contained any technical 16 MR. POWERS: Great. 17 mistakes or errors in terms of the description 17 Representative Nix, how many bills '18 of any districts? 18 did you sponsor while you were the chair of 19 A o. 19 the House Committee in the 20 - Did you have any concerns that the - 20 2013 legislative session? 21 existing plan was unfair to any racial or 21 A None. - '22 ethnic minority group? 22 And how many bills did the 23 A No. 23 Reapportionment Committee consider during the 24 Did you have any concerns that the 24 2013 legislative session? 25 2012 plan contained districts that were 25 A None. Donovan Reporting, PC Electronically signed by Joel Meyer (501 -1 151-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 37 of 96 Randall D. Nix - Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 36 (Pages 117 to 120) 117 .119 1 . How many bills did the - 1 A Not that I know of, no. 2 Reapportionment Committee consider during the 2 And the bill Was sponsored in the 3 2014 legislative session? 3 Senate by Senator Bill Cowseit; eo1rect'? 4 A None. 4 A Correct. 5 Did the Reapportionment Committee 5 And what was his role with respect 6 consider any legislation strike that. 6. to helping House Bill 566 move along? 7 . Did the House Reapportionment . 7 A 'He was the majority leader over 8 Committee consider any legislation in the 2015 8 there 1 think. And when-l had talked to him 9 session other than House Bill 566? 9 about moving the bill, he had agreed to, to 10 A No, not that I recall. I don't 10 carry it in the senate. 11 - believe we did. 11 And when did you talk with-Senator - 12 Did the House Reapportionment 12 Cowsert about House Bill 566? 13 Committee consider any-legislation during the 13 - A Probably about the time we passed 14 2016 legislative session? 14 it inthe House and it was time for don't believe we did. '15 over. 16 (Whereupon a document was identi?ed as 16 So the Senate sponsor isn' 17 Plaintiffs Exhibit 93.) 1? determined until the bill Crosses over; is 1.8 1. am handing you what I'm marking 18 that correct? 19 for identification as Plaintiff's Exhibit 93. 19 A It, it's at different times 20 And before I forget, I'd like to ask you to, 20 Sometimes there may be one who somebody who - 21 when we're done with it, keep it to the side 21 has an interest that follows keep it somewhere nearby because we?ll be - 22 through But 111 this case. it was not. 23 referring to it 23 And was Senator Cowsert chair of 24 A Okay. - 24 the Sen ate Reapportionment Committee along. What IS 25 time? 118 120 1 Plaintiff?s Exhibit 93? 1 A No. 2 A That's the record of the votes 2 Who was the chair of the Senate - 3 related to House Bill 566 from the 2015 ~2016 3 Reapportionment Committee at the time? 4 regular session. 4 A Senator Crane. 5 And it lists who the bill was - 5 - And was it unusual for someone 6 sponsored, by providing a summary of the hill, 6 other than the chair of the Reapportiomnent 7 a status history of the bill, and describes . 7 Committee to sponsor a redistricting hill? 8 votes? 8 A In my experience, I couldn't tell 9 A Yes. 9' you. I don't know from the past what the 10 And Ed Rynders Representative 10 Senate's done. The Senate does things 11 Rynders, Holmes, and Stephens were eosponsors 11 different than the House. 12 with you; is that correct? 12 And is the first reader summary 13 A That is correct. 13 listed on Plaintiff?s Exhibit 93 accurate as 14 And what was their role related to 14 far as you're concerned? 15 the drafting and moving along of House Bill 15 A Yeah, I would it would appear to 16 . 566? 16 be. You know, I would usually their 17 A . They were committee members, and 17 information is correct. I Would have to look 18 essentially they were kindof supportive of 18 at those things to be 100 percent sure, 19 what we were doing and were had agreed to 19 certain, but I would say-that it is, yes. 20 cosign it. There was no relationship other 20 And the status history lists all of 21' than that they had agreed to be signers on the 21 the significant events and dates in the life 22 'bill. 22 cycle of House Bill 566; is that correct?- 23 And did these sponsors have any 23 A Yes. 24 substantive role beyond that of other members 24 And let's start at the bottom and 25 of the Reapportionment Committee? 25 make our way to the top. On March 5th, 2015, Donovan Reporting, PC Electronically signed by Joel Meyer (501-151-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 38 of 96 Georgia State Conference of the NAACP, et al vs Kemp Randall D. Nix January 10, 2018 37 (Pages 121 to 124says, "House hopper." Correct? 1 A That is correct. 2 A Yeah. Okay. 2 And it says on March 11th, 2015, 3 And what does that mean? 3 "House passedfadopted by substitute." 4 . A It?s been dr0pped. The bill has 4 A Correct. 5 been given to the clerk's of?ce. 5 What does the adopted by substitute _6 And so the bill was ?led 6 mean? 7 A Yes. 7 A When you have a substitute when you 8 on March 5th, 2015? And then it 8 . introduce a bill, if anything changes in it, 9 says on March 5111, 2015, "House ?rst 9 it becomes a substitute. And due to the 10 readers. 1-0 nature of the bill, there were some changes- 11 A Uh ?huh (af?rmative). 11 made, so there was the original bill was 12 What does that mean? And strike 12 not. the one that was passed. 13 that. 13 It was something that had some . 14 Let the record state that the _14 differen there was something different in 15 witness nodded af?rmative. 15 it. I don know what it was, but that? 3 Why 16 March 5th, 2015, it says, "House 16 it says a substitute. 17 first readers.? Correct? 17 And because it says on March 9th, 18 A It does, yes 18 2015, "House committee favorably reported by 19 Okay. What does House first 19 substitute,? is it fair to say that the 20 readers mean? . 20 amendments were made in committee and then - 21 A That's the process that the bill 21 subsequently approved by the House? 22 has to go through and be read in front of the 22 - A _.Yes 23 House. Before it can ever come up, it?s got 23 And then the Senate read the bill 24 to have the readers come through. It?s got to 24 and referred it on March 13th, 2015? 25 have three reads of the billAnd does that mean that the bill is 1 And then the Senate Committee 2 read aloud on the House floor? 2 favorably reported the bill on March 27th, 3 A In practice, it is not the' 3 2015? 4 complete bill is not read. It's usually the . 4 A Yes. 5 header that's read. 5 And then the bill, House Bill 566, 6 And when the strike that. 6 was read a second time in the Senate-on March 7 On March 9th, 2015, it says, "House 7 .27th? 8 second readers. Correct? 8 A That?s the status history that I?m 9 A Yes 9 assuming is correct. That's what?s 6n the 10 And I take it that's on the 9th,10 data documents you gave me, yes. 11 it was read a second time, or at least a 11 And then the Senate passed and 12 summary was read a second time on the House 12 adopted House Bill 566 on March 3131:, 2015? 13 ?oor? 13 A That?s What the data states, yes. 14 A Yes. 14 The bill was sent to the governor 15 And then on March 9th, 2015, it 15 on April 7th, 2015? 16 says, ?House committee favorably reported by 16 A Correct. 17 substitute." Correct? 17 And the governor signed House Bill 18 A Correct.- 18 566 into law on May 12th, 2015; correct? 19 And does that mean that the House 19 A That?s what the data states, yes. 20 Reapportionment Committee voted in favor of 20 And in the footnotes section, it 21 House Bill 566 on March 9, 2015 21 says March 11th, 2015, "Structured rule.? 22 A Yes. 22 What does, what does that mean? 23 .And then on March 11, 2015, the 23 A That means it cannot be amended 24 bill was read a third time on the House ?oor 24 from the ?oor. 25 and then passed by the House; is that correct? . 25 Could amendments be made in Senate . Donovan Reporting, PC Electronically signed by Joel Meyer {501-161-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 39 of 96 - Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 Randall O. Nix 38 (Pages 125 to 128) I 125 127 1. Committee or, or could it not or could no . (Wliereupon a document was identi?ed as 2 amendments be made in the Senate at all? 2 Plaintiffs Exhibit 94. 3 A I believe that the Senate could 3 And I?m handing you what I've 4 amend if they wished to. But ours, ours was 4 marked as Plaintiffs Exhibit 94. And 1s 5 strictly for the House. The Senate, once they 5 this strike that. . 6 get it, if they wish to amend it, I don?t 6 What 1s this document? 7 think there's any reason they cannot amend it. 7 A I'm assuming that it is the final 8 And on looking "down at the votes, 8 product of House Bill 566 tha well, I 9 this provides a listing of the various votes 9 don't see it stamped that this is the one that 10 by the House and the Senate as a Whole; is 10 was passed but 11 that correct? 11 Yeah. lsn' this - 12 A That, that 15 correctthe hold on just 13 So House Bill 566 was approved 1n 13 a second. 14 House vote 175 on IMarch 1 1th, 2015; is that 14 I On the top right-hand corner 0 - 15 correct? '15 A 7570. Yeah. That appears to be '16 A That?s what it states, yes. 16 the original bill that was introduced. 17 And then there are three votes in 17 And that's, that's because it says 18 the Senate; correct? 18 LC 28. 7570 at the top? 19 A That is correct. 19 A That 3 correct 20 And Senate vote 281 on March 31st, 20 (Whereupon a document was identi?ed as 21 2015, that's the final Vote by the Senate to 21 Plaintiffs Exhibit 95.) 22 adopt House Bill 566? I 22 And to the best of your'knowledge, '23 A That is if the dates are 23 were there any well, strike that. 24 correct,-that is correct. I 24 I'm now handing you what I?ve 25 And 39 senators voted in favor of 25 marked for identification as Plaintiffs 126 128 1 House Bill 566? 1' Exhibit 95. 2 A That's correct, according to the 2 - MR. STRICKLAND: Is that the right 3 data. 3 number? 4 And 14 senators voted against House 4' MR. POWERS: Yes. Right? 5 Bill 566? - 5 I A It appears to be, yeah. It's the 6 A That is correct. 6 second one 11p there, the 75998. That would be 7 And then on the next page, it lists 7 the substitute, the committee substitute. 8 several versions; And what, what do those - 8 And so just to be clear, 9 versions stand for? 9 Plaintiffs Exhibit 95 13 the version of House - 10 A Well, the any time the bill has 10 Bill 566 as passed by both the House and the 11. any change in it, it has a different number 1 1 Senate? 12 assigned. So the original bill starts off 12 A It appears to be. New, normally, 13 7570, and then the amendments in the House 13 the ?nal bill would have the stamp on the 14 change it to 7599. That?s just an identi?er. 14 front, as passed the House and the Senate.? I 15 I And then when it goes to the 15 don't see that on here, but I believe that 16 Senate, the Senate did attempt an amendment. 16 this is, yeah. 17 And then the 7599, which is what we passed, is 17 (Whereupon a document was identified as 18 what came before the Senate. Their amendment 18 Plaintiffs Exhibit 96.) 19 apparently failed because if you see the 19 I'm handing you What I?ve marked 20 75998, House substitute, that?s what the 20 for identification as Plaintiffs Exhibit 96. 21 - Senate approved. 21 What is this document? 22 So that's just the following of it 22 A It appears to be an amendment that 23 through the legislative counsel any time 23 was offered and in the Senate that was 24 changes or amendments are either made or 24 lost, that did not pass. 25 attempted. 25 And the change in the Senate ?oor Donovan Reporting, PC Electronically signed by Joel Meyer (501-161 -376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 40 of 96 Randall O. Nix Georgia State Conference of the NAACP, ct al vs Kemp January. 10, 2018 (Pages 129 to 132131 amendment was to the effective date of the 1 And my thing was, if they fit 2 legislation; correct? 2 - within the parameters, we'll consider it. . 3 A Yes. That appears to be true. - 3 And did you ever have any kind of 4 This HB 566, by striking lines 815 and 816 and 4 involvement beyond that sort of initial stage 5 in lieu thereof following: This act shall. 5 of essentially serving as a referral to the 6 become effective July the 1st of 2015. 6 Reapportionment Of?ce with respect to the 7 Yes. That, that would have changed 7' substance of any actual changes? - 8 it from where it says, "shall become effective 8 A Not, not any substantive things 9' upon its approval by the governor or upon its . 9 . after that because of the, here again, the 10 becoming law without such approval." 10 technical nature of it. The professionals 1n Now, as the primary sponsor of 11 the Reapportionment Office had to determine if 12 House Bill 566, were you the- point person for 12' it was doable. 1.3 individual House members if they wanted to 13 And do you recall any legislators 14 discuss the idea of making changes to their 14 coming to you to ask for guidance with respect .15 districts? 15 to redrawing their disnict?? 16 A Essentially, yes. Now, once I made 16 A Tell me what you mean by guidance. 17 the announcement to them, I told them they 17 My, my standing thing was, due to the very, 18 could go directly to the of?ce if they wanted 18 you know, the very complicated nature of it, 19 to because it was going to have to go through 19 you've got to make sure that it, that it works 20 them anyway. But some of them came to me, and '20 through the Reapportionment Office. '21 some of them didn?t in terms of asking to do 21 There was very little guidance 22 it. 22 other than that, that it's got to be able to 23 But when the announcement was made, 23 fit within the parameters that we gave you, if 24 it was, you either need to let me know or you 24 that's what you mean by guidance. 25 need to get with the Reapportionment Office. 25 (Whereupon a document was identified as 130 132 1' So whether or not that de?nes you me as . 1 Plaintiffs Exhibit 97.) 2 point man, that was the mechanics of it. 2 I'm going to hand you what I've 3 And how would that conversation 3 marked for identification as Plaintiffs 4 typically strike that. 4 . Exhibit 97. And this is an email sent by Rich 5 When a legislator approached you' 5. Golick to Dan O'Connor, Bates page numbers 6 and said, hey, I?d like to make some changes 6 starting 003403; correct? 7 to my districts, how would you proceed from, - 7 A Say that again now? What where, 8 you know, that inception point to getting 8 where are you? 9 actual changes made in a. bill? 9 The Bates page number 13 10 A Essentially, as I?ve told you, the 10 003403? 11 first discussion when they canie to me was, you 11 - A Yes. I'm sorry. Yeah, yeah. 12 know, we're looking at it. 12 And it' an email from Rich (10th 13 - You know, if you '1e -- if you're 13 to Dan O'Connor; correct? - l4 serious, you need to go and get with the 14 A Uh?huh, uh?huh (affirmative). 15 Reapportionment Of?ce. And here again, 15 And it's dated Wednesday, August 16 you've got to make sure that the changes are 16 . 19th, 2015; correct? 17 not major.- They've got to be very, vely 17 A Correct. 18 specific. And anybody who' 1s touched by it 18 And you can feel free to, you know, 19 must agree to it. 19 just read the first page and let me know when 20. Same, the same thing I told you 20 you ?re through it 21 that I told to the whole group, that was 21 MR. KHOURY: Yeah,- you should read 22 essentially what went to everybody because I 22 the whole thing, not just the ?rst page. 23 didn't get into the speci?cs of it. They'd 23 A Okay. 24 come and say, hey, I'm interested, or I think 24 Did you speak with Representative 25 I'd like to try to make this changes. 25 Golick about the possibility of making changes Donovan Reporting, PC Electronically signed by Joel Mayer (501 -1 611-375-451 3) 770.499.7499 Randall D. Nix Case 1 Document 124 Filed 02/26/18 Page 41 of 96 Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 40 (Pages 133 to 136his House district in 2015? A Yeah. . 2 A Yes. He did, he did bring that up, - .2 MR. KHOURY: Object'to the form of 3 but you will see the date. That was certainly 3 the question. Are we -- are you asking 4 not within the, the session. That was in 4 when you say, already done that, I'm confused 5 August after We had already done the hill. 5 about what sequence you're asking him abOut, 6 And who initially approached you, 6 John. I'm not sure was there a date 7 after the end of the legislative session; is 7 established for when he talked to 8 that correct? 8 Representative Golick? 9 A I don't recall, I don't recall the 9 MR. POWERS: Fair enough. 10 Conversation with him. I'm just,'I'm just 10 Do you recall strike that. 1 looking at the date of this. It was not part 11 When did Representative (30th 12 of the, the legislation or the discussion of 12 approach you regarding redrawing his district? 13 the legislation that we passed 15 the point 13 A I honestly cannot give you a date. 14 I'm. making 14 I remember he had asked me about it. 15 And what did he says in the 15 Everything else had been done. And the gist 16 Representative Golick says in his email that 16 of the conversation was that it Would have to 17 he wants to keep he says, "let's keep this 17 be something that would have to be considered 18 in reserve as a possibility depending on what - 18 later because we had already passed the other 19 guidance I get from DR and Chairman Nix." l9 bill. 20 Correct? 20 So it was obviously after the other 21. A Yes. 21 when this was brought to my attention. I'm . 22 And ?rst, who is 22 not you know, I was not privy to this. I 23 A - I don't I don't know. 23 don't recall this coming before me. But he 24 And when Representative Golick 24 . obviously had gone to legislative counsel, . 25 approached you to discuss the redrawing of his 25 which I would have directed him to dodistrict, what did he ask you? 1 legislative counsel. I'm sorry to the 2 A You know, 1 don't recall the 2 Reapportionment Of?ce and have them look at 3 conversation that I had with himdid with everybody else, I said, if you want 4 Did do you believe he spoke with 5 to do this, you've got to get with the 5 you after August 19th, 2015? I 6 Reapportionment folks and see if they feel 6 A Here again, I don't recall it. 7 like it would fit within the parameters that 7 And what did you and Representative 3 we've had. 8 Golick talk aboUt with respect to the 9 And since it was passed, the 9 redrawing of his district? 10 legislative session, it would, it was you 10' A Here again, very little other than, 11 know, it would have to be determined whether 1 1 if you think it's something that needs to be 12 Or not later it would be taken up. It had to 12 done, if you want to do it, let's get it 13 have been a separate bill. 13 approved, let? get the specifics on it before 14 So any conversation I had to him 14 we even go any further in terms of 15 would have been the same as before. You've 15 Just like everybody else, if you, 16 got to get with the legislative counsel not 16 if you feel like it's something that can be 17 legislative counsel. You've got to get with 17 done and needs to he done, you'll. have to have 18 the Reapportionment Of?ce and have them look 18 Reapportionment Office tell me that it ?ts 19 at the specifics and see if it will work. 19 within the parameters we want to fit it in. 20 But hadn't he already done that? 20 And did that in fact happen? 21 It looks like Representative Golick and Dan 21 A No. We didn't I don't, I don't 22 - O'Connor had already met in the middle, the 22 recall acting on this at all. 23 middle of the page. Do you see where he says, 23 Did folks at the Reapportionment . I 24 "compared to 54.3 percent in version we did 24 Office discuss the redrawing of Representative 25 this morning"? 25 Golick's district with you? Donovan Reporting, PC Electronically signed ,by Joel Meyer (501-151-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 Page 42 of 96 Randall O. Nix . Georgia State-Conference of the NAACP, et al vs Kemp January 2018 41 (Pages 137 to 140don't recall that they'did. 1- way. If he did, I don't recall it. This is, 2 When strike that. 2 this is the first detailed information I?ve 3 Did Representative Goliek tell you I 3 seen. - 4 why he was interested in redrawing his 4 And during the strike that. 5 district? - 5 I .et?s turn back to the 2015 6 A Here again, I don't, I don't recall 6 legislative session. Which legislators 7 why he wanted to do the, the change. It was 7 approached you and asked to have changes made 8 something that he had apparently anticipated 8 to their districts? 9 that he wanted to do, but he had waited around i 9 A I don't know that I could list 10 and had not brought it up when it came before 10 them. At some point in time, everybody whose 11 the House. 11 district was touched probably came to me, so 12 So it was, it was outside of the 12 you'd have to look at those districts and see 13 time when we had been, had been. working on it, 13 whose districts they are. But, hut?I couldn't 14 so it just put him back in the situation of 14 give you a list of people who came 15 having ready. 15 specifically and said I want to change ithadn't 16 Did Representative Chandler 1.7 brought this to your attention earlier during 17' approach you at any point prior to or during 18 the legislative session? 18 the 2015 session about having changes made to 1.9 A I. don?t recall asking him why. I 19 her district? 20 just told him that he was, he was too late for 20' A I did talk to her yes. 21 what we had done in 2015 and it would have to 21 And roughly when did you talk with 22 be something that would have to be looked at 22 her? 23 later. 23 A Probably very early in the session 24 Did other legislators approach you 24 there, as we were beginning, when We said we 25 after the session about making changes to 25 were going to look at doing some changes. 138 140 - 1 their districts in 2015? 1 Probably early in that session, January to 2 A I don't, I don't recall it. No. 2 February of 2015. 3 . And did, did any legislators 3 And what was the nature of that 4 approach you during 2016 about making any 4 conversation? 5 changes to their districts? 5 A She had indicated to me that she 6 - A I -- here again, ldon' recall any 6 was looking at her district. I don remember 7 of them because we kind of made the point when 7 what the changes had been made, but she wanted 8 we did 2015 that we weren?t going to be 8 to see if she could move that district back to 9 looking to do anything you know, we had 9 some, some the district that she had had 10 tried to get everybody in there because we 10 prior to the redistricting, bring some people 11 didn't want to have to go back and reopen the 11 back 1n there. 12 map and do that 12 Do you know strike that. 13 So if they did, most likely it 13 Was District 105 a district that 14 was you know, we did that last year would 14 had been newly created following the 2010 15 be kind of the answer. 15 census as a result of demographic or 16 Did anyone inquire with you 16 population growth and in the Gwinnett 17 speci?cally? l7 . County area? 1.8 A Other than, other than this from 18 A I dont I don? recall that. I 19 Rich, 1 don't recall anybody requesting 19 don?t know that. 20 changes after after the 2015 session when we 20 And she told you that she wanted 21 did the othe1 11111.21 areas put back into her district that had 22 And did Representative Golick 22 previously been in her district prior "to the 23 provide you with any analysis of the effective 23 2011 redistricting? 24 changes on his district? 24 A To be very specilet's put it this 25 several people that asked that. I can ?t give . Donovan Reporting, PC Electronically signed by Joel Meyer (501-161?375-451 3) 770.499.7499 Case Document 124 Filed 02/26/18 Page 43 of 96 Randall 0. N13 Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 Donovan Reporting, PC signed by Joel Meyer (501-161-376?4513) 42 (Pages 141 to 144) 141 143 .. 1 you 100 percent that that's what she asked 1' accomplish and see if it will fall within the - 2 for, but that was what happened with a number 2 parameters that we put out here. 3 of those districts that had been, had been 3 And did you participate in any 4 split before. 4 map- -drawing sessions at the Reapportionment 5 So I can't give you the exact 5 Office? 6 conversation, but she was looking at what it 6 A I don't recall any of the 7 had been like I think prior to the 7 map-drawing sessions. I think that there were 8 redistricting. . 8 severalpeople there that would be touched by 9 When you say, "pricir to the 9 that, and I went in when they were there 10 redistricting} yen mean prior to the 2011 10 looking at the map. - But it was not anything 1 A Yes. 11 in specific other than, you know, will 12 redistricting? 12 everybody be able to agree to this. 13 A. Yes. I 13 That was the only, that was the 14 And did she express an interest in 14 only meeting that I recall going where they l5 improving her political performance in 15 - were actually looking at the maps. 16 A Yes. 16 . And who was present forthat 17 the redrawn district? 17 meeting? 18 A Yes. 18 A You would have to look at the 19 And what discussions did you have - 19 people that, that this district touched that 20 about improving Representative Chandler's 20 would have had to agree with it. Several of 21 "political performance? 21 those people were there. I'm pretty sure that 22 A The same thing I told you before. 22 the director, Gina Wright, was there. And 23 Anybody that toutihes has to agree to it. The 23 don't recall who else was in that meeting. 24 Reapportionment Office has to go through the 24 And this was a mapadrawmg' session . 25 I numbers and make Sure that it doesn?t 25 related speci?cally to changes to 142 144 1 jeopardize what 'we' ve done before. And if all 1 Representative Chandler's district? 2 of those things can fall into place, then 2 MR, KHOURY: Object to the form of 3 we '11 consider it. 3 . the question. I don't think he said it Was a 4 Did she ask you whether or not it 4 map-drawing meeting. 5 was something that you would agree to consider 5 MR. POWERS: Okay. Ill replnase 6 yourself? I 6 the question. 7 MR. KHOURY: Object to the form. . 7 Was this meeting at the - 8 Strike that I'll 8 Reapportionment Of?ce related to the 9 A I'm sorry. .If you would, rephrase 9 redrawing of Representative Chandler's 10 it. 10 district? 11 Yeah. 11 A It was a time when they, they 12 A I'm not exactly sure what you? re, 12 looked-at scenarios to see if we could we 13 you're asking. 13 do this, this, or this. It was more of a 14 I'll rephrase the question. Did 14 scenario and how will it affect the other 15 she ask you for any guidance regarding whether 15 people, will everybody be able to agree to it. 16 or not she could have the district redrawn in 16 But the biggestparticipation I had 17 away that would improve her political 17 was, within the parameters we have, will 18 performance? 18 everybody that it touches agree to it. That 19 A I don't recall her asking for 19 was my, that was my participation in that. 20 guidance because, as I've said, the speci?cs 20 It was not a map drawing, but it 21 of that are ve1y detailed, and any 21 was a question?answering session and is this 22 conversation we had would have been refen ed 22 possible, will this fit within the box that 23 to the Reapportionment Of?ce that you' ve got 23 we're putting it in. 24 to go get 'with them, let them look at what you 24 And at this meeting, I'm just 25 would like to do and what you would like to - 25 to understand which diStricts were 770.499.7499 Case Document 124 Filed'02/26/18 Page 44 of 96 Georgia State Conference of the NAACP, et al vs Kemp Janualy 10, 2018 Randall D. Nix 43 (Pages 145 to 148being looked at in terms of the various 1 not they would go along With any of them? 2 scenarios. So is my, is my understanding 2 A As I recall that meeting, [don?t 3 correct that this meeting involved 3 know that there were drawn 4 Representative Chandler's district and 4 maps. But they took her district, and if - 5 other any other districts that might be 5 you've seen the sophistication of that 6 affected by the adjustments to her district? 6 software, they could click over here and say, 7 A Yes. Any district that it would 7 if We were to do this, would this happen? If 8 touch that would have possibly been changed, 8 we were to click over here and we would do 9 yes. . 9 this, would this happen? - 10 And do you recall whether or not 10 So there was nothing concrete. It . I 11 strike that. 11 was more, if we do this, this happens You?re 12 Was Representative Efstration 12 okay with it if we do this. This happens, 13 present at that meeting. ?1 13 you re okay with' it. 14 A I'm not 1.00 percent sure, but I 14 So there were no maps drawn. But 15 think he was. 1 think his one was of the 15 . due to the sophistication of the process, they 16 districts that, that bordered hers, yes. 16 could say, okay, the goal we wanted to achieve 17 . And when did this meeting take 17 is this. If we do this, this could possibly 18 place? 18 work here. It could possibly Work here. It 19 A .It was early in the process of 19 could possibly work here. And that's the 20 trying to put the legislation together. I 20 essence of what they were doing. 21 couldn't give you a speci?c date, but it was 21 I don't know if you've seen those 22 well before our, you know, before we took it 22 maps, but they re very sophisticated, and they 23 to the committee. We had to have all of 23 can drill down to, you know, a very low level 24 . our . 24 or very intense level 0f what's there. 25 As 1 said, we Were trying to put it 25 Help me picture this. First, this one bill, so we wanted to make sure 1 meeting occurred in an office within the 2 everybody would agree before we took it in and 2 Reapportionment Of?ce; is that correct? 3 started trying to actually take action on it. 3 A Yes. 4 So somewhere in the area of January February of 2015? Is that . 5 House District 105 and the surrounding 6 A Yeah. That would be my best 6 distiicts sort of blown up on a screen? 7 that would be my best guess. 7 A Yes. 8 And there might have been members 8 And you and the other 9 of the Gwinnett County delegation present 9 rcpreSentatives are sort of looking at the 10 other than Representatives Chandler or 10 screen up on the Wall while Gina Wright is 11 Efstration; is that correct? - 1 1. clicking around and showing proposed changes? 12 Yeah, because the I think the 12' A Yes. - 13 biggest partof her district there is part of 13 And on the wall, could you see 14 Gwinnett, so it would be the people that 14 statistical tables in addition to a map of the 15 touched that district. 15 districts? 16 And you mentioned that it was a I 16 A 'Yes. 17 question?and?answer session 17 And what -- the map presumably 1 8 involving different possible scenarios; is 18 included House District 105 and the 19 that correct? - 19 surrounding districts? 20 A Yes. 20 A Yes. 21 And is it accurate to say that the 21 And the what information, you 22 Reapportionment Office had drawn a couple of 22 know, how many tables were on the screen next - 23 different maps and would show them to you and 23 to the map? 24 the other Representative Chandler and the 24 A Theie were multiple tables, and 25 other affected legislators to see whether or 25 they can click and bring up, you know, various Donovan Reporting, PC Electronically slgned by Joel Meyer (501-161-376-4513) 770.499.7499 Case Document 124 Filed 02/26/18 PageI45 of 96 Randall D. Nix Georgia State Conference of the NAACP, et al vs Kemp January 10, 2018 Donovan Reporting, PC Electronically signed by Joel Meyer (501L161-37B-4513) 44 (Pages 149 to 152sets of data, you know, anything from 1 at this, at this meeting? 2 Republican?Democrat to how did it perfonn in a 2 A The, the big thing was the I 3 previous election. Just a huge range of data 3 performance 1n Republican- Democrat voters and 4 could be brought up. 4 how it affected one district how it affected 5 Each, each time they would click, 5 the other. If you were to move some to one 6 each click would bring up they could drill 6 district, how would it affect that district, 7 down, you know, further and further. As some '7 et cetera' It was primary a primarily a . 8 of this states, those were the type things 8 political information that was that we were 9 they were looking at. You could pull up and 9 looking at 10 see what, you know how did this perform in 10 And 15 it fair to say that the 11 this election, how did it perfonn ~1n this 1-1 a concern at the meeting would have been -- 12 election. 12 or was to find a way to improve the political 13 Those types of data sets would come 13 perfOrrnance of Representative Chandler's 14 up as part of the, as part of the map. 14 district without, without doing so much as to 15 And just for the sake of the 1.5 maybe endanger other -- Representative '16 record, you're referring to Plaintiffs 16- Efstration or other legislators 1n neighboring 17 Exhibit 97; is that right? 17 districts? Is that correct? 18 A Correct. 18 A The the idea was to try to see 19 And, and you were pointing towards 19 if her improvement her district performance 20 seme' of the political performance results for 20 could be improved. It wasn't so much an 21 past candidates in statewide elections; is 21 engagement for them. But as I said-everybody 22 that correct? 22 had to agree. So that term would have been 23 A Yes. 23 within their mind, you ',1