STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF WAKE 18 CVS 14001 COMMON CAUSE, et al., Plaintiffs, STATE DEFENDANTS v. MEMORANDUM ON ELECTION ADMINISTRATION AND DEADLINES REPRESENTATIVE DAVID LEWIS in his of?cial capacity as Senior Chairman of the House Select Committee on Redistricting; et al., Defendants. Defendants the North Carolina State Board of Elections and its members (collectively, the ?State Defendants?) hereby submit this memorandum on administrative limitations and deadlines related to the 2020 primary elections, as ordered by the Court on September 17, 2019. The af?davit of State Board Executive Director Karen Brinson Bell (?Bell which has been ?led contemporaneous with the service of this brief, provides a detailed discussion of the relevant administrative processes that the State Board and county boards carry out in preparation for an election. It identi?es the amount of time required to accomplish each process that occurs after the State Board receives district shape?les, and before absentee ballots are distributed. See Bell Aff. 1111 4?13. Time estimates are provided as ranges due to unknown contingencies, as explained in the affidavit. The af?davit further explains the administrative processes and deadlines that would be triggered if a separate primary were ordered, see id. 14m18, a potential remedial option that the Court identi?ed in decretal paragraph 18 of its Judgment of September 3, 2019. Rather than restate the contents of Ms. Bell?s af?davit, State Defendants highlight below the top-line conclusions of the af?davit that are most relevant to the Court?s deliberations during the remedial phase of this action: Under the current statutory deadline for distributing absentee ballots for the March 2020 primary, the State Board would need to receive shape?les for the legislative districts at issue between now and December 2?10, 2019. Id. 1] 10. If the deadline to distribute absentee ballots were extended by ?ve days?which the State . Board could authorize by majority vote, see N.C.G.S. or the Court could order?mthe State Board would need to receive shape?les for the legislative districts at issue between now and December 7?15, 2019. Bell Aff. 11 10. I There are provisions in the law that would permit the State Board to delay distribution of absentee ballots for the March 2020 primary by more than ?ve days, id. 11 9; but given the procedures that must take place between ballot distribution and early voting, moving the absentee ballot deadline by more than ?ve days is unlikely to change the date by which shape?les would need to be provided to the State Board, id. 111] 11?13. If the Court were to order a separate primary involving the legislative districts at issue, it would take the State Board approximately 63 to 71 days to prepare before early voting in that separate primary could begin, and that preparation likely could not begin until March 14, 2020, for technical reasons. Id. .1111 15, 17. If this remedy were contemplated, State Defendants recommend that the Court Consider whether any second primaries that may be required, in any event, for contests that were not resolved in the March primary, see N.C.G.S. 163-1 11(b), should be aligned with the dates for any primaries this Court sets after the currently scheduled March primary. This would require a court order. If the Court were to consider such a 2 course, the State Defendants are ready and willing to provide the Court with any additional information that could be helpful to the Court. State Defendants and staff from the State Board are available to answer any further questions from the Court or its referee regarding administrative considerations relevant to the Court?s remedial decisions. La Respectfully submitted this day of October, 2019. NC. DEPARTMENT OF JUSTICE Amar Maj mundar Senior Deputy Attorney General State Bar No. 24668 Stephanie A. Brennan Special Deputy Attorney General State Bar No. 35955 Paul M. Cox Special Deputy Attorney General State Bar No. 49146 North Carolina Dept. of Justice Post Of?ce Box 629 Raleigh, NC. 27602 Emails: amajmundar@ncdoj . gov sbrennan@ncdoj .gov pcox@ncdoj.gov Tel: (919) 716?6900 Fax: (919) 716?6763 Attorneys for State Defendants CERTIFICATE OF SERVICE This is to certify that the undersigned has this day served the foregoing document in the above titled action upon all parties to this cause by depositing a copy by email and addressed as follows: Edwin M. Speas, Jr. espeas@povnerspruill.com Caroline P. Mackie cmackie@poynerspruill.com Poyner Spruill LLP PO. Box 1801 Raleigh NC 27602?1801 Counsel for Common Cause, the North Carolina Democratic Party, and the Individual Plaintiffs R. Stanton Jones stanton.j ones@arnoldporter.com David P. Gersch David.gersch@arnoldporte12corn Elisabeth S. Theodore Elisabeth theodore@amoldporter.com Daniel F. Jacobson Arnold Porter Kaye Scholer, LLP 601 Massachusetts Ave. NW Washington DC 20001-3743 Counsel for Common Cause and the Individual Plaintiffs Mark E. Braden nabraden@bakerlaw.com Richard Raile Trevor Stanley tstanlevd?bakerlaw.com Baker Hostetler, LLP Washington Square, Suite 1100 1050 Connecticut Ave, NW Washington, DC 2003 6-5403 Counsel for Legislative Defendants Marc E. Elias n1elias@perkinscoie.corn Aria C. Branch abranch?perkinscoie.corn Perkins Coie, LLP 700 13th Street NW Washington DC 20005?3960 Counsel for Common Cause and the Individual Plaintiffs Abha Khanna akhanna@percinscoie.com Perkins Coie, LLP 1201 Third Ave. Suite 4900 Seattle WA 89101?3099 Counsel for Common Cause and the Individual Plainti??s Phillip J. Strach Phillip.strach@ogletree.com Michael McKnight Alyssa Riggins Alvssarigginsdbogletree.com Ogletree, Deakins et a1. 4208 Six Forks Rd., St. 1100 Raleigh, NC 27609 Counsel for Legislative Defendants John E. Branch, ibranchf?shanahanmcdougal.com H. Denton Worrell dworrell@shanahanmcdougal.com Nathaniel J. Pencock Shanahan McDougal, PLLC 128 E. Hargett Street, Suite 300 Raleigh, NC 27601 Attorneys for Defendant-Jntervenors . 1:1 the day of October, 2019. 61? a) tphanie A. Brennan Special Deputy Attorney General