Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 1 of 25 ,16f-?di,,#**$w#J' IN THE TIMTED STATES DISTRICT COI'RT FoR THE DrsTRrcT oF ,ERM9NT XE?$ EEF _L pH & tc0 TRACEY MAR:[EL, ROBERT FRENIER, BRIAN SIVIITII, RAOUL BEAULIEU, and MARY BEAUSOLEIL, Plaintiffsn chrit Action v. No. 5".70 - CV- t3l JAIYIES C. CONDOS, In hls oflicial capaclty as the SECR TARY OF STATE OT' VERMONT, Defendant. CO}IPLAINT FOR INJI'NCTTVE AND DBCLI\RATORY RELIEI' Plaintiffs Tracey Martel ("Martel"), Robert Frenier ("Frenief), Brian Smith fsmith"), Raoul Beaulieu ("Beaulieu"), and Mary Beausoleil ("Beausolei1") and, collectively with Martel, Frenier, Smith, and Beaulieu, ("Plaintiffs"), by their undersigned counsel, for their Complaint for Injunctive and Declaratory Relief ("Complainf) against James C. Condos, in his official capacity as ttre Secreta4r of State of Vermont ("Condos' or "Defendant"), state as follows: PARTIES AND JTIRISDICTION 1. Martel is a natural person residing in Victory, Vettnont. Martel is registered to vote in Victory, Vermont. Martel is the Town Clerk of Victory, Vermont and elections. in that role is responsible for the administration of Victory's Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 2 of 25 2. Frenier is a natural person residing in Chelsea, Vermont. Frenier is registered to vote in Chelsea, Vermont. Frenier senred as a member of the Vermont House of Representatives for the Orange-L District from 2AL7 through 2018. 3. Smith is a natural person residing in Derby, Vermont. Smith is registered to vote Vermont House in Derby, Verrnont. Smith has served as a member of the of Representatives for the Orleans-1 District from 2OLT through the present. 4. Beaulieu is a natrrral person residing in North Hero, Vermont. Beaulieu has been a registered voter in the town of North Hero for 34 years. 5. Beausoleil is a natural person residing in L5mdon, Vermont. Beausoleil is registered to vote in the town of Lyndon and previously served as a Justice of the Peace 6. Condos in L)rndon. is a natural person residing in Vermont. Condos is the incumbent Secretary of State of Vermont and in this role is an oflicer of the Executive department of the government of Vermont. 7. This Court has jurisdiction over this action pursuant to 28 U.S.C. S 1331 because this action arises under the Constitution and the laws of t]le United States. This Court also has jurisdiction over tl:is action pursuant to 28 U.S.C. S 1343 because this action is brought to redress the deprivation of Plaintiffs' civil rights under color of State law and to secure relief for the protection of Plaintiffs'right to vote. 2 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 3 of 25 8. Venue is proper in this Court pursuant to 28 U.S.C. S 1391 because the sole Defendant resides in this Diskict and because the events and omissions gring rise to this action occurred in this District. BACKGROUND Tlrs U.S. Coxstlturtol.r ANo VpRMoNr CoNstttuttoN PRotpcr "FuLLVALup" oF EacH CttzpN's Votp Fnou Dr,uton 9. The U.S. Constitution protects "the right of all qualilied citizens to vote, in state as well as in federal elections." Regnold.s u. Sfms, 377 U.S. 533, 554 (1964). This right to vote "is more . . . than the right to mark a piece of paper and drop it in a box or the right to pull a lever in a voting booth. . . . It also includes the right to have the vote counted at fulIvalue without dilution or discount." Id. at 555 n.29 (quoting Sor,tth u. Peters,339 U.S. 276, 279 (1950) (Douglas, J., dissenting)). State laws that abridge their citizens'right to have the "full value" of their votes counted "without dilution or discounf violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. See id. at 555-56. 10. The Constitution of the State of Vermont (a/ermont Constihrtion") likewise provides "[t]hat all elections ought to be free and without corntption," and provides "that all voters, having a sufficient, evident, common interest dtr, and attachment to the colnnruniqr, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution." See Vt. Const., ch. I, art. 8. 11. Fraudulently-cast ballots dilute the votes cast by honest citizens and thereby violate the constitutionally-protected rights of those citizens. Seq 3 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 4 of 25 e.9., Anderson u. United States,417 U.S. 2LL, 226-27 (L9741; Balcer u. Carr, 369 U.S. 186,2O7 (1962). U.S. Cotisflttntox VBsrs Powpn ro SBt TtNaB. Pr,acB aNo MaNNsR or El,pctroxs ni Srarg LBctsLAtuRE: VBRMoNI CoNstttultoN FoRBDs DplpcettoN or Lpctsl.AtryE PowoR to Expcutrvs BRANcH L2. The U.S. Constitution vests the power to determine "[t]he Times, Places and Manner of holding Elections for Senators and Representatives" in the legislatuie of each state. U.S. Const., art. I, 13. S 4. The U.S. Constitution also vests in the state legislahrres the power to determine the mErnner in which Electors are chosen to serve in the Electoral College and elect the President and Vice Presid.ent. SeeU.S. Const., art. II, S 1. L4. Under the Vermont Constitution, the "Supreme Legislative power" is vested in the Senate and House of Representatives, which together form the Vermont General Assembly. See Vt. Const., ch. II, S 2. 15. The Vermont Constitution explicitly prohibits the delegation of legislative power to the executive or judicial branches of government, providing, "The Legislative, Executive, and Judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the others." Vt. Const., ch. II, S 5. ExraNt VBnMowt Law PRovroes FoR Rosust aNp SpcuRE ABspr.rtpp VottNrc L6. In Vermont, the Vermont General Assembly has exercised the power vested in it by the U.S. Constitution and provided a robust statutory scheme for the conduct of elections within the state. See 17 V.S.A. S seq. 4 2lOt et Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 5 of 25 L7. Of particular note glven tJre ongoing COVID-l9 pandemic and the appurtenant disruption of regular business throughout Vermont and the United States ("Pandemic") are Vermont's provisions for early and absentee voting, 17 V.S.A. 18. S 253L et seq. Under existing Vermont law, a voter may request an early voter absentee ballot ("Absentee Ballof) by applying for an Absentee Ballot with the town clerk of the town in which they are registered to vote. See t7 V.S.A. 2531(bX1). Applications for an Absentee Ballot may be made S in person, in writing or via telephone. See 17 V.S.A. S 2532(a)(1). A voter can authoizn a family member, health care provider, or any other person to apply for an Absentee Ballot on their behalf. See t7 V.S.A. g 2532(a). An application may be made until the town clerk's office closes on the day before tl:e election. L7 V.S.A. S 2531(a)(1). Once a valid application is made, voters generally receive their Absentee Ballot by mail or by picking them up from the town clerk's office. 17 V.S.A. S 2539(a). Voters who request an Absentee Ballot due to ilL:ess, tnjury or disability receive their Absentee Ballots either by mail, electronic mail, or by personal delivery by a pair of Justices of the Peace (of different political parties). 17 V.S.A. SS 2533, 2539(b). A voter rnay make a single application for Absentee Ballots for each election taking place in a single yetr, but a voter must make a new application each election year in which they wish to receive any Absentee Ballots. 17 V.S.A. 5 S 2532(d). Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 6 of 25 19. Voters urho vote using an Absentee Ballot must sign a certificate bearing their na.me in which they swear or affirm that they are a legal voter of tlre town in which they cast their Absentee Ballot. 17 V.S.A. g 2542. 20. The system the Vermont General Assembly has prescribed for the use of Absentee Ballots contains several features that safeguard the validtty of the election by preventing fraudulent or othennrise dilutive votes: a. Under this statutory regime, tJre town clerk of each town is responsible for both issuing Absentee Ballots to voters who apply for thern and receiving and tabulating those same Absentee Ballots after they are completed and returned by the voter. The town clerk is therefore aware in advance of the persons who are likely to vote using Absentee Ballots and is also aware whether a voter who arrives at the polling place in person on election day had previously requested an Absentee Ballot. b. Voters are required to proactively apply for an Absentee Ballot before an Absentee Ballot is issued to them, greafly reducing the risk that Absentee Ballots will be erroneously issued to voters who are no longer Vermont residents or who do not intend to vote by mail. 21. These protections are particularly important for Vermont's elections because a large portion of those elections take place in nrral districts consisting of only a few thousand voters. In several recent elections for seats in the General Assembly, the margin of victory has been less than 10 votes, with some elections being decided by a single vote. Even a smal1 lapse 6 in electoral Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 7 of 25 security may therefore result in a material dilution in Vermont citizens' constitutionally-protected voting rights. See Affidavit of Robert Frenier ![ 2. 22. The primary elections held in Vermont in August 2O2O saw record ttrrnout from Vermont voters, both in terms of the ntrmber of votes cast by Absentee Ballot and t]:e number of votes cast overall. See Associated Fress, Preliminary restilts shaut record tttrnout for Vermont primary (Aug. L3, 2O2O), https://apnews.com / f/ec72343a828L743eb394a91f67c99f.1 The success of the August 2O2O primary elections conclusively demonstrated the robustness of Vermont's existing statutory scheme for requesting and submitting Absentee Ballots. 23. Each Plaintiff is an eligible and registered voter in the State of Vermont. Each Plaintiff has regularly voted in prior Vermont state and federal elections, including each having voted in the last election for state Governor and for U.S. President. 24. Each Plaintiff plans and intends on voting in the upcoming November General Election to be held in Vermont. Each plaintiff believe that this General Election can be held safe\r, with no additional health risk to any voter, under pre-existing Vermont election [aws, which each Plaintiff understands allows any voter who desires an early absentee mail-in ballot to easily obtain, with no in-person appeara.nce required. t The Associated Press's article was based on preliminary results of "over 155,0OO" votes a.nnounced by Condos. The finaI, official hrrnout for tl:e August primarywas 174,242votes cast. SeeVt. Sec. of State, VermontElectionResnlts: offiat (last 31, Resulfs, Aug. accessed https: / / electionresults.vermont. gov/ Index.html# / voterturnout. 2o2ol, Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 8 of 25 25. If the Directive is permitted to go into effect, and if General Election mail-in ballots are automatically distributed to every eligible voter (any voter on a voter check-list), without any request for such a ballot from that voter, ma.ny castable ballots will inevitably fal1 in the hands of persons other than the voter to whom the mail-in ballot was directed, including some mail-in ballots that will be sent to persons to have moved, died or otherwise become ineligible. 26. Some or m€Lny of these misdirected or misreceived ballots can and will be cast by a person other than the voter to which the ballots were addressed or by an othemrise ineligible voter. Each such miscast ballot will directly impact and dilute the individual vote of each legitimate Plaintiff voter, for which each Plaintiff will have no remedy once such miscast ballots are received and counted. 27. The Directive's provisions for the unregulated return of mail-in ballots by persons other than the voter will compound and exacerbate the harm to and dilution of each Plaintiffs legitimate vote caused by the distribution of unrequested mail-in ballots. 28. Each Plaintiff and each Plaintiffs individual legitimate vote in the November 2O2O General Election will be directly, specilically and particularly impacted, harmed and diluted by the implementation of the Directive and by the mailing of unrequested mail-in ballots to each voter. VpnnaoNr GpxpRelAsseMgry Passps TtsLapoRARv Elpcrlor.rs PRocoouRE Law N Rpspolsp ro PaNoBlttc 29. On March 30, 2A2O, Vermont Governor Phil Scott ("Governor') signed H. 681 into law as Vermont Law No. 92 ("Act 92"1. Act 92, which Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 9 of 25 explicitly referenced the Pandemic as tfre reason for its passage, provides, inter aha, for changes to Vermont's election procedures "for the puqpose of protecting the health, safet5r, and welfare of voters, elections workers, and candidates in carrying out elections." See Act92 SS 1, 3. 30. Act 92 was subsequently amended on June 26, 2O2O through the passage into law, without the Governor's signature, of S. 348 as Vermont Law No. 135 ("Act 135"). 31. As relevant to the present action, Act92 (as amended by Act 135) provides: Sec. 3. ELECTIONS IN THE YEAR 2O2O; SECRETARY OF STATE; GOVERNOR; TEMPORARY ELECTIONS PROCEDURES (a) In the year 2O2O, the Secretar5r of State is authoired, in consultation with tfre Governor, to order or permit, as applicable, appropriate elections procedures for the purpose of protecting the health, safet5r, and welfare of voters, elections workers, and candidates in carrying out elections, including: (1) requiring mail balloting by requiring town clerks ballots by mail to all registered voters; to send (2) creating early or mail ballot collection stations; (3) permitting municipal clerks to process and begrn counting ballots in a 3Gday window preceding the day of an election; (4) permitting drive-up, car window collection of ballots by election officials; (5) extending the time for municipal clerks to process and count ballots; and (6) extending voting hours on the day of an election. (b) For any temporarJr elections procedure the Secretary of State orders or permits under this section, the Secretar5r shall adopt any 9 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 10 of 25 necessarJr corresponding procedures that ensure monitor polling places and the counting of votes. tfre public can (c) If the Secretary of State orders or permits the mailing of 2O2O General Election ballots to all registered voters pursuant to subsection (a) of this section, tJre Secretary shall: (1) inform the Governor as soon as reasonably practicable following the Secretary's decision to do so; and (2) require the return of those ballots to be in the manner prescribed by 17 V.S.A. S 2543 (return of ballots) as set forth in Sec. La of this act,2 the provisions of which shall apply to that return. DBpBNoaNt Issups Uncoivstttutroxar, DmBcrrvp TTnt Comtnaotc"rs VpnMoNT Law 32. Exstntc On July 20,2O2O, Defendant issued the "First Statewide Elections Directive" ("Directive"), purportedly pursuant to the authority granted by Act92 and Act 135. A true and correct copy of the Directive is attached. hereto as Brhibtt 1. 33. The Directive il1egally permits the processing of ballots returned by mail in tJre presence of election officials of only one party, in contravention of L7 V.S.A. SS 2546(b) & 2584, which requires the participation of at least two election officials of different political parties. See Directive at 2. 2 There is no "Sec. La" in either Act 92 or Act L35. On July 2, 2O2O, tJte Governor issued a letter addressed to the Vermont General Assembly noting tfris "cross-reference to a section of the bill that does not exisf and his attendant concern that this error "leav[es] the authority of the Secretary of State ambiguous as it relates to ballot returns." The Governor further stated this error was the reason he withheld his signature from Act 135. A true and correct copy of the Governor's July 2letter to the Vermont General Assembly is attached hereto as Ekhlbit 2. This provision effectively makes it impossible for the Secretary of State to lawfully order or permit general election ballots to be mailed to all voters, as it is impossible for the Secretary of State to provide for tlre return of those ballots "as set forth itf a non-existent section of the relevant statutes. 10 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 11 of 25 34. The Directive also illegally permits local Boards of Civil Authority ("BCAs") to change the location of polling places as late as L5 days prior to an election for any reason, in contravention of L7 V.S.A. $ 2502(c) which prohibits changing the location of polling places urithin 30 days of an election except in case of emergency. See Directive at 3. The Directive also places the onus on each BCA to inform voters of these late changes in poll location, without mandating that a BCA give voters anA notice to voters of the change. See id. 35. The Directive provides that "[a] ba11ot will be mailed to every active voter on the statewide voter checklist."3 Directive at 4. A11 voters on tfre statewide checklist are considered "active" unless their BCA has affirmatively challenged their residency in the town where they are registered to vote. See id. 36. While Acl 92 contemplated that the mass issuance of ballots by mail would be conducted by the town clerks, the Directive provides that these mailed ballots "wi11 be mailed from a central location by the Secretar5r of State's Office." Compare id.. utith Act 92 S 3(a)(1). 37. The Directive purported to override "ar:ry provisions of law contained in Title LT of the Vermont Statutes Annotated to the contrar5/," and in f,act conflicts with existing Vermont election law Directive is thereforc ultra uires and contrar5r in several areas. The to the U.S. Constitution and Vermont Constitution. 3 The statewide voter checklist is populated with the contents of the voter checklists maintained by the town clerk for each town in Vermont. 11 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 12 of 25 38. The U.S. Constitution vests the power to determine the time, place and manner of federal elections in Vermont exclusively in the Vermont legislattrre. 39. The Vermont Constitution vests the state's exclusively in the Vermont executive department legislative power General Assembly, and specilically forbids the of Vermont's government from exercising legislative power. 40. Defendant, as an official of the executive department of the Vermont government, tJrerefore has no power under the U.S. Constitution to set the time, place or manner of Vermont's federal elections, and also has no power to alter existing Vermont election law under the Vermont Constitution. Defendant purported to exercise botJ: of these powers in issuing the Directive, and the Directive is therefore unconstitutional under both the U.S. Constihrtion and the Vermont Constitution. 4t. The issuance of the Directive was also ultra uires because no provision of Act 92, Act 135 or any other law imbued Defendant with the authority to issue regulations that contravene or override existing law. Even if, arguendo, the General Assembly could delegate to Defendant the power make changes to existing Vermont election law (which to it cannot do under the Vermont Constitution), it has not done so in this case. Coroos Spttos AnsputBB Bamor Rpeupst PoslcaRos to IlcoRnBc"rero Ixrier.to Aponossps L2 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 13 of 25 42. After issuing the Directive, Condos caused absentee ballot request forms printed on postcards ("Postcards") to be sent to every person listed on the statewide voter checklist. 43. The issuance of the Postcards was not provided for by the Directive or any provision of Vermont law, but was intended to be a test of the process by which Condos intended to mail ballots to all voters on the statewide voter checklist pursuant to the Directive. 44. The mailing of the Fostcards revealed numerous problems with Defendant's plan to mail ballots to every person appearing on the state's voter checklist. 45. Postcards were sent to multiple voters at addresses they no longer used or at which they no longer resided, indicating the state's voter checklist is not up to date. 46. Multiple voters were not sent a Postcard at all despite appearing on the voter rolls. Some of these voters have been registered to vote at the sa.me address for decades. 47. Postcards were sent to several people who are no longer eligible to vote in Vermont: a. A Postcard was sent to a former Vermont resident at a Florida address. After th.at voter contacted the town clerk for his former residence to remove his name from the voter rolls, he discovered his spouse also remained on the town's voter checklist despite having a Florida address. 13 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 14 of 25 b. Former Vermont residents who now reside in Hampshire received Postcards New at their New Hampshire address despite previously making a written request to be taken off their former town's voter checklist. c. A former Vermont resident who had previously requested Absentee Ballots at several addresses due to his military service was sent a Postcard to an address in New York. The addressee had not been a valid Vermont voter since 2OL7 and had not resided at the New York address since 20A6. The town clerk's office for this former resident should have been aware that this New York address was no longer valid because the former resident had successfully requested Absentee Ballots for at least three other addresses between 2006 and 2OL7. 48. Some Vermont residents received Postcards addressed to former residents at their same address. Other voters received Postcards that vrere intended for another Vermont voter but that urere sent to the incorrect address. 49. Adding to the confusion, the Postcards are styled as "Request[s] for Early Absentee Voter Ballof and provide a space for recipients to indicate whether they wish to receive an Absentee Ballot for the general election in November. There is no indication on the face of the Postcard that Defendant plans to send recipients a mail-in ballot regardless of whether tJrey request an Absentee Ballot. 50. The mishaps encountered in the course of sending the Postcards to Vermont voters illustrate the problems that will arise when Defendant attempts t4 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 15 of 25 to send mail-in ballots to Vermont voters. The Postcards were sent by the same means that Defendant proposes to use to send the mail-in ba11ots, and tJre Postcards were sent to tJre persons and addresses listed in the state's voter checklist, the same set of names and addresses that will be used to address the mail-in ballots. 51. The problems illustrated by Defendant's attempt to send Postcards to every registered voter in Vermont are caused in large part by the over- inclusive method the Directive prescribes for determining who should receive a mail-in ballot. Under the Directive, every person appearing on the state voter checklist is to receive a mail-in ballot unless their voter registration is aflirmatively challenged by their town's BCA. But under Vermont law, BCAs are not obligated to perforrn any investigation or due diligence of the persons listed on their voter checklists to ensure tfie addresses on their checklists are current or that tJre persons listed on tfre checklists remain quali{ied to vote in that town. As a result, and as demonstrated by Defendant's recent experience with the Postcards, town voter checklists (and by extension the statewide voter checklist) are woefully outdated and inaccurate. Because Defendant continues to rely on these inaccurate checklists to direct the mail-in ballots, mail-in ballots will be sent to persons who are not intended to receive them and not all valid Vermont voters will receive mail-in ballots intended for them. THo Dmpc:rwg VIoI.{tps PI.AINITrF.s, RIcHrs By EI.IABI,INO MASSIVE VOTPN FRAUO VpnuoNtb Er,pc"uoNs 52. TN The errors that will occur in sending mail-in ballots to voters under the Directive violates Vermont voters' constitutionally-protected rights 15 by Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 16 of 25 creating arbitra-ry differences in the ease with which Vermont voters can vote in the November general election. As demonstrated by the recent experience with the Postcards, not all Vermont voters will receive a mail-in ballot despite being validly registered to vote in their town. Those Vermont voters who do not receive a mail-in ballot will be disadvantaged relative to voters who do receive a mail-in ballot. 53. The mass mailing of mail-in ballots contemplated by the Directive also violates Vermont voters' constitutional rights by creating myriad opportunities for their votes to be diluted by illegally submitted ballots. As demonstrated by the recent experience with the Postcards, many people will receive mail-in ballots despite not being authorized to cast them, whether because those recipients are not valid Vermont voters at all or because the recipient received a mail-in ballot intended for another voter. The mass mailing of ballots contemplated by the Directive will therefore result in the creation of a large pool of ballots that are ripe for fraudulent use. These improperly-received ballots can easily be completed by the recipient or by a third party and the town that receives them would have few or no ways to verify that the ballot was completed by a valid Vermont voter or by tJre person whose name appears on the ballot's envelope. 54. The risk of voter fraud is particularly acute because tfie Directive fails to provide any measures to restrict "ballot haryesting,' a practice where organiz*d grou.ps, usually politically-motivated third parties (campaign workers, political activists, paid personnel), go door-to-door and offer to collect 16 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 17 of 25 and turn in ballots for voters, in some cases helping'voters filI out their ballots in a way that aligns with the ballot harvester's political goals. "Ballot harvesting gives third parties who may be completely unknown to both the voter and election officials the opportunity to potentially tamper with absentee ballots." See generallg Michael Morley, Election Bmergenq Redlines, https://papers.ssrn.com/sol3/papers.cfm?abstract-id=3564829 at 25, (last accessed Aug. 3L,2O2Ol. 55. The Directive restricts ballot harvesting only by political candidates or "campaign staff members',4 thus implicitly anyone who is not within legaltz,tng ballot harvesting by these two categories including political parties, politically-aligned organrmttons, and even a candidate's family and friends. See Directive at 56. harvesting 1. The Directive also ensures that any theoretical restriction on ballot wil not be effectively enforced; the Directive explicitly states that local election officials "slwll not be reEired to enforcd restrictions on ballot harvesting and are required only to "report any suspected violations" to the Secretar5r of State's office, who in turn General's office for \ilri11 investigation. Directive report tfrem to the Attorney at L (emphasis added). Any investigation the Attorney General's oflice undertakes will be fruitless, as any a The Directive does not define "campaign stalf member' and therefore leaves ambiguous who is prohibited from engaging in ballot harvesting. The only reference to "campaign staff in Vermont election law is found tn L7 V.S.A. S 29OL, which provides in part, "'Candidate's committee' means the candidate's campaign staff, whether paid or unpaid." L7 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 18 of 25 such investigation will necessarily take place after the election and are unlikely to conclude before the votes are counted and the election results are certified. 57. Upon information and belief, parlisan political organizattons are already planning door-to-door ballot harvesting campaigns in Vermont with the objective of unduly influencing the result of Vermont's General Election tJ:is year. COUNT I Vlolatlon of the Fourteenth Arnenrlment to the U.S. Constltution, Vermont Constitutlon Chapter I, Article 8, and 42 U.S.C. S 1983 (Vtolation of Right to Votef 58. A1l other allegations in this Complaint are realleged as if fully set forth herein. 59. The Fourteenth Amendment to the U.S. Constitution protects citizens' right to vote, including their right to have the fuI1 value of their vote counted without any dilution or discount. 60. Chapter I, Article 8 of the Vermont Constitution likewise protects the right of Vermont citizens to vote and to have free and uncormpted elections. 61. Defendant issued the Directive in his official capacity as Secretar5r of State of Vermont, purportedly in reliance on authority vested in Secretar5r of State of Vermont by the Vermont General Assembly the in Act 92 and Act 135. The Directive was therefore issued under color of state law. 62. Defendant's Directive dilutes the votes of validly registered Vermont voters by creating and distributing a large nrrmber of mail-in ballots that are ripe for fraudulent use. Some of these mail-in ballots will be sent via 18 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 19 of 25 mail to persons who are not valid Vermont voters because Defendant has not provided for sufficient means to ensure the state voter checklist contains only current Vermont residents. Other mail-in ballots will be sent to persons other tJ:an the voter for whom they are intended because Defendant has not provided for suflicient means to ensure tfre state voter checklist contains only the current address for Vermont voters. In both cases, tJle recipient of these mail- in ballots (or another third party, such as a ballot-harvesting orgatizatton) can easily complete a:rd return the mail-in ballot and thereby fraudulently submit a vote they are otherwise not permitted to cast under Vermont law, particularly because Defendant has provided for no means to ensure mail-in ballots are cast only by the valid Vermont voters for whom they are intended. 63. Defendant's Directive also violate the voting rights of Vermont voters by arbitrarily placing some Vermont voters at an advantage relative to other Vermont voters. The mass mailing of mail-in ballots contemplated by the Directive will result in many mail-in ballots being mis-delivered or not delivered at all. As a result, some Vermont voters will receive mail-in ballots while some will not. Those Vermont voters who do not receive a mail-in ba11ot will suffer a disadvantage relative to those voters who do receive a mail-in ballot because voters who do not receive a ballot will have fewer means by which to vote. This disparity is especially burdensome in light of the ongoing Pandemic and the attendant risks of in-person voting. 64. Defendants' violations of Plaintiffs rights are especially severe because, due to the sma1l size of many Vermont towns and legislative districts 19 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 20 of 25 and the close margins that decide many Vermont elections, even a low incid.ence of fraudulent voting or small burdens imposed on Vermont voters' ability to cast their votes can materially affect the outcome of elections in Vermont. 65. Absent relief from this Court, Plaintiffs will suffer irreparable harm to their voting rights as a result of Defendant's actions in promulgating the Directive and the actions Defendant will take in accordance with the Directive, particularly by distributing mail-in ballots via mass mail. Plaintiffs have no remedy at law for Defendant's violations of their right to have their votes count for their full, undiluted value. 66. The harm to Plaintiffs'constitutionally-protected voting rights that Plaintiffs will suffer in the absence of relief outweighs any burden Defendant might suffer if the Court grants the relief Plaintiffs seek. 67. The public interest favors granting the relief Plaintiffs seek, particularly given the Vermont Constitution provides "[t]hat all elections ought to be free and without cormption". COTINT II Viol,atflon of U.S. Constitution, Artlcle I, Section 4 & Article II, Section I; Vermont Constitution, Chapter II, Section 5; and 42 U.S.C. S 1983 (Unconstltutioual and,llltra Vlres Use of Legislative Powert 68. A11 other allegations in this Complaint are realleged as if fully set forth herein. 69. Defendant issued the Directive in his official capacity as Secreta4r of State of Vermont, purportedly in reliance on authority vested in 20 the Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 21 of 25 Secretary of State of Vermont by the Vermont General Assembly in Act 92 and Act 135. The Directive was therefore issued under color of state law. 70. The Directive purported to override "anty provisions of law contained in Title L7 of the Vermont Stattrtes Annotated to the contrar5r," and therefore purports to change the requirements of Vermont law. In so doing, Defendant by issuing the Directive purports to exercise legislative powers vested in the Vermont General Assembly by the Vermont Constitution. 7L. The Directive conflicts with existing Vermont election law in several areas: a. The Directive permits tJre processing of ballots rehrrned by mail in the presence of election oflicials of only one party, in contravention of 17 V.S.A. SS 2546(b) & 2584, which requires the participation of at least two election officials of different political parties. b. The Directive permits BCAs to change the location of polling places as late as 15 days prior to an election for any reason, in contravention of t 7 V.S.A. g 2502(c) which prohibits changing the location of polling places within 30 days of an election except in case of emergency. c. The Directive provides for mail-in ballots to be mailed by the Secretary of State's office to all voters who appear on the statewide voter checklist and whose registration is not subject to an active challenge from a BCA, in contravention of Vermont's Absentee Eallot laws, 17 V.S.A. S 2531 et s€e., which provide for Absentee Ballots to be distributed by town clerks only after receipt of a valid application for an Absentee Ballot. 2L Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 22 of 25 72. The U.S. Constitution vests the power to determine the time, place and manner of federal elections in Vermont exclusively in the Vermont legislature. 73. The Vermont Constitution vests the state's exclusively in the Vermont executive department legislative power General Assembly, and specifically forbids the of Vermont's government from exercising legislative power. 74. Defendant, as arr oflicial of the executive department of the Vermont government, tJrerefore has no power under the U.S. Constitution to set the time, place or marrner of Vermont's federal elections, and also has no power to alter existing Vermont election law under the Vermont Constitution. Defendant purported to exercise both of these powers in issuing the Directive, and the Directive is therefore unconstitutional under both the U.S. Constitution and the Vermont Constitution. 75. The issuance of the Directive was also ultra uires because no provision of Act 92, Act 135 or any other law imbued Defendant with the autJrority to issue regulations that contravene or override existing law. Even if, arguendo, the General Assembly could delegate to Defendant the power make changes to existing Vermont election law (which it cannot to do under the Vermont Constitution), it has not done so in this case. 76. Absent relief from this Court, Plaintiffs will suffer irreparable harm to their voting rights as a result of Defendant's actions in promulgating the Directive and the actions Defendant will take in accordance with the Directive, 22 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 23 of 25 particularly by distributing mail-in ballots via mass mail. Plaintiffs have no remedy at law for Defendant's violations of their right to have their votes count for their full, undiluted value. 77. The harm to Plaintiffs' constitutionally-protected voting rights that Plaintiffs will suffer in the absence of relief outweighs any burden Defendant might suffer if the Court grants the relief Plaintiffs seek. 78. The public interest favors granting the relief Plaintiffs seek, particularly given tfre Vermont Constitution provides "[t]hat all elections ought to be free and without corn:ption". COUNT III Violation of Act 95, Act 135, and,42 U.S.C. S 1983 ItlltraVires Promulgation of Arbitrary and Unreasonable Directlvef 79. A11 other allegations in this Complaint are realleged as if fully set forth herein. 80. Defendant issued the Directive in his oflicial capacrty as Secretar5r of State of Vermont, purportedly in reliance on authority vested in Secretar5r of State of Vermont by the Vermont General Assembly the in Act 92 and Act 135. The Directive was therefore issued under color of state law. 81. Act 92 and Act 135 permit Defendant as Secretary of State to issue "appropriate elections procedures" only "for the purpose of protecting the healtJr, safet5r, and welfare of voters, elections workers, and candidates in carrying out elections'. See Act 92 S 3(a); Act 135 S 1(a). 82. The Directive does not protect the health, safety or welfare of Vermont's voters, elections workers or candidates. The procedures provided for 23 Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 24 of 25 in the Directive provide no health benefits to any participant in Vermont's elections over and beyond the existing statutory scheme for tire issuance and use of Absentee Ballots. The record voter turnout during the August 2O2O primary election in the face of the ongoing Pandemic confirms that the existing Absentee Ballot procedures adequately provide for the safe and efficient conduct of Vermont elections. 83. Defendant's issuance of the Directive is ultra uires because it was promulgated outside the conditions imposed by Vermont law in Act 92 and Act 135. The Directive creates mischief and tl:e opporfunity for fraud with no countervailing benefit to the health, safety or welfare of any voters, election workers, or candidates in Vermont elections. 84. Absent relief from this Court, Plaintiffs will suffer irreparable harm to their voting rights as a result of Defendant's actions in promulgating Directive and the actions Defendant uii11 tJ:e take in accordance with the Directive, particularly by distributing mail-in ballots via mass mail. Plaintiffs have no remedy at law for Defendant's violations of their right to have their votes count for their full, undiluted value. 85. The harm to Plaintiffs'constitutionally-protected voting rights that Plaintiffs will suffer in the absence of relief outweighs any burden Defendant might suffer if tJ,e Court grants the relief Plaintiffs seek. 86. The public interest favors granting the relief Plaintiffs seek, particularly grven the Vermont Constitution provides "[t]hat and without cornrption". 24 all elections ought to be free Case 5:20-cv-00131-gwc Document 1 Filed 09/04/20 Page 25 of 25 RELIEF REOTIESTED WHEREFORE, Plaintiffs respectfully request the following relief: 1. The Court find and declare that the Directive is unconstitutional, ultra uires, and contrar5r to law; and 2. preventing Defendant from distributing mail-in ballots via mass mailing to all persons listed on the statewide voter checklist as contemplated by the Directive. Dated: September 4, 2a2O BUCKNAM LAW, P.C. 434 Eastman Road Walden, Vermont 05836 Phone: (8O2) 748-5525 Facsimile: (802) 748-4888 D Bucknam@legalhelp. com David A. Warrington (VSB No.77293) (pro hac vice to be applied for) KUTAK ROCK LLP gOL East Byrd Street, Suite 1000 Richmond, Virginia 232L9 Phone: (2O2) 828-2437 Facsimile : (2O2) 828-2488 david.warrington@kutakrock. com Harmeet K. Dhillon, Esq. (pro hac vice to be applied for) Dhillon Law Group, Inc. t77 Post St., Suite 700 San Francisco, CA 94108 4t5-433-L700 harmeet@dhillonlaw.com Attorneg s for Plaintiffs Tlacey Martel, Robert Prenier, Brian Smith, Raout Beaulieu and Mary Beausoleil 25 Case 5:20-cv-00131-gwc Document 1-1 Filed 09/04/20 Page 1 of 5 Compl Exhibit 1-1 StateofVermont Office ofthe Secretary of State hhonel 802-828-z363 128 Statestreet James C. Condos, Secretaryof State C,trlstopner D. Winters, Deputy Secretary Montlrelier, \IT o56gg-uo1 luly 2O,2O2O First Statewide Elections Directive Election Procedures for Statewide Elections in 2020 Pursuant to the authority granted in Act 92 (2O2O) and Act 135, (2020) the Secretary of State issues the below Directive for the 2020 primary and general elections. This Directive reflects our best effort to balance every Vermonte/s constitutional right to vote with the health and safety concerns we all share in these unprecedented and unpredictable times during this COVID-19 health crisis. Further, this Directive departs as little as possible from our voting traditions and our safe and secure voting processes while proactively ensuring no Vermonter has to choose between their health and their right to vote. The intent of this Directive is not to cast doubt upon our recovery prospects - we have no way of knowing what the coming months will bring. However, we do know if there is a resurgence a few months from now, as we are already seeing, it will be too late to act to avoid compromising Vermonters' health and the exercise of their sacred franchise. Notwithstanding any provisions of law contained in Title 17 of the Vermont Statutes Annotated to the contrary and pursuant to the authority granted to the Secretary ofState by Act 92 l2O2Ol and Act 135 (2020), the Secretary of State issues the following directive with regards to election processes for the August Statewide Primary and November General Election in the year 2020: . For both the August Primary and November General Election: o Ballot Return. Ballots may not be returned to the Clerk by any candidate whose name appears on the ballot for that election, or any campaign staff member of any such candidate, unless that candidate or campaign staff member: (a) is returning their own ballot; (b) is returning the ballot of an immediate family member, as defined in 17 V.S.A. 52532 (a person's spouse, children, brothers, sisters, parents, spouse's parents, grandparents, and spouse's grandparents), who has requested their assistance with the return of that ballot, (c) is returning the ballot of a voter for whom the candidate or campaign staff member is a caretaker, and who has requested their assistance with the return of that ballot; or (d) is a Justice of the Peace performing his or her official duties pursuant to 17 V.S.A. 52538. The Municipal Clerk or other Local Election Official (LEO) accepting the return of ballots shall not be required to enforce this provision but shall report any suspected violations to the Secretary of State's Office who shall refer them to the Attorney General's Office for investigation. Candidates violating this section may be subject to the penalties found at 17 V.S.A. 52OL7. Case 5:20-cv-00131-gwc Document 1-1 Filed 09/04/20 Page 2 of 5 Compl Exhibit 1-2 Ballot Processing. LEOs may process ballots returned by mail or voted in the ClerKs office through the tabulator or into a secure ballot box during the 30 days preceding election. r I r ' ' r At a minimum, ballots shall be processed in the presence of at least two election officials who, if possible, shall be from different parties. The process shall be conducted in accordance with guidance issued in conjunction with the Directive by the Secretary of State's Office. The process shall be conducted during normal business hours if practicable or, if conducting the process at a time other than normal business hours or at a time when your office is closed due to COVID-19, notice of the date(s), time(s), and location of the processing shall be posted at the ClerKs office and two other public places at least three days in advance. Any member of the public requesting to observe the process shall be provided an opportunity to do so. Upon request of a member of the public to observe the process, if in-person observation by members of the public is not possible due to restrictions related to COVID-19, the process may be live-streamed in some manner to allow for remote viewing or may be recorded and the recording provided to those who request it for viewing. ln towns that count their ballots by hand, the voted ballots shall be deposited in a secure ballot box to be commingled with any ballots cast at the polls on Election Day and counted after the close of the polls. Pursuant to this Directive, strict chain of custody procedures regarding voted ballots, ballot boxes, and tabulators shall be issued by the Secretary of State for conducting this process. Outdoor Polline Places. Polling places may be held outside. A bad weather alternative must be available at the same physical location as the outdoor polling place. All rules governing interior polling places contained in current law shall apply to the exterior polling places. The accessible voting system must be available for those who request to use it. Candidates and members of the public that would otherwise be allowed to campaign outside the polling place must be kept a reasonable distance from the area where voting is occurring such that any campaigning does not disrupt or interfere in any way with the voting process. Drive-Throueh Polline Places. Polling places may be conducted by a drive-through voting method. Any such drive-up voting procedure shall enable voters to complete the voting process without leaving their vehicle. Walk-up voters must also be accommodated when a drive-through polling place is being used. An opportunity for a person to register to vote, if necessary must be provided prior to the voter being provided a ballot. The accessible voting system must be available for those who request to use Each voter shall be: it. r ' r ' Checked off the entrance checklist by an election official in the same manner as the voter would be in a standard polling place; Provided a ballot to vote and directed to an identified location where their vehicle may be parked during the voting process; Able to deposit their ballot directly into a secure ballot box that may be brought to the window of the vehicle or located in such a manner that it can be accessed from the vehicle, or be provided an envelope or folder in which to place their voted ballot before handing it back to an election official for processing; and, Checked off an exit checklist, in towns that use them, before leaving the voting location. Case 5:20-cv-00131-gwc Document 1-1 Filed 09/04/20 Page 3 of 5 Compl Exhibit 1-3 Outdoor Votine Ballot Handlins. lf a polling place is being conducted outside or by a drive thru method, ballots may be periodically transferred from a ballot box used for those procedures to another secure container for counting after the close of the polls or to election officials who are processing ballots through the tabulator. Any such transfer shall be done in the presence of two election officials, if possible, of different parties. Overseas Voters with Disrupted USPS Service. Military or overseas voters who are in a country for which mail service to the US has been suspended, and who have no other means of returning their ballot by mail, may return their ballot directly to the Clerk by email. The marked ballot should be returned as a PDF or photo file attached to an email to the Clerk. A photo or scanned image of a signed certificate containing the language included on the standard absentee ballot certificate envelope shall be returned by the voter along with the ballot. The LEO shall notify the Secretary of State's office prior to allowing any military or overseas voter to return their ballot by this method. Chanse of Polling Place. The location of a polling place may be changed no less than 15 days prior to the election. The Board of Civil Authority (BCA) must vote to change the location and the Secretary of State must be notified within 24 hours. The polling location shall also be updated in the Vermont Election Management System, by the Clerk, within 24 hours of the BCA approving the change. Every reasonable effort should be made to inform the public of the new location. These efforts should include but are not limited to, posting notice of the new location: r ' r r r ln all locations where the original Warning was posted; ln additional locations in the town or city such as general stores, transfer stations, and other locations that are frequently used by residents; On the town or city website, if one exists; On a town or city list serve or other online forum such as Front Porch Forum; or lf the BCA deems it necessary by publication in a newspaper no less than 5 days prior to the election. Emergencv Chanee of Pollins Place. lf less than 15 days before the election, the location of the polling place may only be changed in accordance with 17 V.S.A. 52502(CX2), which allows such a change only in the case of an emergency. Election Officials from other Towns. The BCA may appoint election officials who are not registered voters or residents of the town, including 16 and 17-year-olds pursuant to 17 V.S.A.2454, if necessary due to shortages in poll workers. Any election official must be a resident of Vermont. Home Detiverv of Ballots. ln-home delivery of ballots by Justices of the Peace in accordance with 17 V.S.A. 52538 is only required if a town or city has two Justices of the Peace that are willing, able, and available to provide this service. Justices of the Peace performing this service are not required to enter the home and must be allowed to observe the voting process as is required of them from a safe distance outside the home. Justices may be unable to perform this servic'e if the voter is located in a hospital or other health care or long-term care facility that is not allowing visitors or members of the public to enter. Ballots should be mailed or electronically delivered to voters in any such facility upon their request. Masks. lf a mask is required to enter a polling location, LEOs should make disposable masks available. lf a voter refuses to wear a mask to enter that location, an alternative means of casting a ballot must be provided to the voter. Voters may be provided a ballot and certificate envelope in order to vote Case 5:20-cv-00131-gwc Document 1-1 Filed 09/04/20 Page 4 of 5 Compl Exhibit 1-4 their ballot outside or in their vehicle and may return the voted ballot to an election official in the signed certificate envelope to be brought inside the polling place and processed. Other reasonable alternative procedures may be implemented that allow a voter who refuses to wear a mask to cast their ballot in a distanced area within the polling place, if possible, or without entering inside the polling place. o Appearins ln-Person without a Ballot on Election Dav After Receiving One bv Mail. lf a voter who has been mailed an absentee ballot requests to vote in person at the polls on Election Day, and the checklist indicates that they have not returned a ballot or othenrise voted in that election, the voter shall be allowed to cast a ballot at the polls. The voter will not be required to produce the ballot that was mailed to them in order to vote on Election Day. The voter will be required to sign an affidavit that they have not previously returned the ballot sent to them or cast any other ballot. o Processine Mailed Ballots on Election Dav at the Polling Place. Notwithstanding the language in 17 V.S.A. 52546(b); and in cases where ballots have not previously been processed into the tabulator or ballot box during the 30 days preceding the election, when processing ballots returned by mail at the polling place, a minimum of two election officials shall be present for that processing. The certificate envelopes shall be opened, and ballots cast through the tabulator or into the ballot box in a manner that protects the privary ofthe votes cast by the voter. For the August Primary only: o Programming Costs. The Secretary of State's office will pay for the total programming costs for any towns that choose to use their tabulator for the August Primary. o Unvoted Ballots. The unvoted ballots returned by voters may be discarded during the 30 days preceding the election as ballots are being processed, once the voter has been checked off the checklist. The unvoted ballots must be disposed of in a manner that renders them unable to be voted. o Local lssue Ballots. lf a municipality is holding a local election on the same day as the August Primary, the legislative body may vote to send ballots for that election to any voter who requests a ballot for the August Primary. For the November General Election only: o Mailed Ballots. A ballot will be mailed to every active voter on the statewide voter checklist. '?ctive" voters are any voters that have not been sent a challenge letter by the BCA asking the voter to affirm their residency, or who have responded to any such letter and have affirmed their residence. r . 'r . Ballots will be mailed to all active registered voters starting Friday, September 18. Ballots will be mailed or othemrise delivered to all military and overseas voters no later than the September 19 deadline mandated by federal law. All ballots will be mailed from a central location by the Secretary of State's Office. For mailing purposes, the Secretary of State will use the mailing address contained in any pending request for a General Election ballot first, and if none will use the mailing address in the vote/s record second, and if none the legal address in the vote/s record. The issue date for all ballots will be recorded in the statewide election management system by the Secretary of State on a batch basis as they are sent. Clerks will only be required to record the date that ballots are returned. Clerks will be required to enter the request, issue, and Case 5:20-cv-00131-gwc Document 1-1 Filed 09/04/20 Page 5 of 5 Compl Exhibit 1-5 r return date for any ballots requested by voters after the statewide mailing is sent, including for those voters who may register atter that date. Postage for the mailing of ballots and the return of ballots to the Clerk by voters will be paid by the Secretary of State's office. All envelopes will be pre-paid. This Directive is subject to modifications and addition through further directives as deemed necessary by the Secretary of State in response to the changing nature of the COVID-19 virus and its impact on public health and safety during our elections in 2020. The Secretary of State, in collaboration with the Department of Health, will issue guidance and/or further addendums to this Directive regarding safe procedures for the conduct of polling places based on current CDC guidance. This may include the safe conduct of poll workers, hand-counting of ballots, polling place social distancing, masking and cleaning of polling places and equipment. be.&"r. James C. Condos Vermont Secretary of State r&.tr/EEIk{ONT Case 5:20-cv-00131-gwc Document 1-2 Filed 09/04/20 Page 1 of 1 Compl Exhibit 2 PHILIPB. SCOTT Govemor oFFrc;8Fil;'ffi*o* July 2,2A24 Vermont General Assembly 1I.5 State Steet Montpelier, Vermont 05633 Dear Legislators: Today, S. 348, an act relating to temportry elections procedures in the year 202A will go into law without my signature due to a technical flaw. There appears to be a cross-reference to a section ofthe bill that does not exist leaving the authority of the Secretary of State ambiguous as it relates to ballot retuns. It is my understanding ttrat Legislarive Council explained this mistake to the House Govenrment Operations Committee and recommended clean-up, but there was a decision made to enact this legislation rather than taking the time to rectiff. This is particularly concerning in light of the concsrns expressed by many regarding the return process for ballots mailed to all Vemronters. I have said publicly if the General Assembly decided to remove mE from this process, I would not stand in the way. For these reasons, I am letting S. 348 become law without my signature and I hope the General Assembly will correct the bill's flaws and ensure full and adeqr,rate oversight of the mail-in ballot program it has created upon return in August. Sincerely, Philip B. Sco Governor PBS/kp The The The The Honorable Honorable Honorable Honorable Mitzi Johnsor5 Speaker of the House Tim Ashe, President Pro Tempore Williarn MaGill, Clerk of the Vermont House of Representatives John Bloomer, Secretary of the Vermont Senale l0g Srars SB,sEr t Tnr ParruoN o MorrrrrslrER,vT0560g-0101 o www.yERMoNT.cov TDD:802.828.3345 TrlrpHor.rs: 802.828.3333 Fax 802.828.3339 I ) Case 5:20-cv-00131-gwc Document 1-3 Filed 09/04/20 Page 1 of 1 JS44 CTYIL COVER SIIEET (Rev.09/19) The JS 44 civil cover sheet and the information contained herein neither reolace nor suoolement the purpose of mtsafing the crvil docket sh@L Plaintitr Essex Cormty of Residence of First Listed N U.S, PU]NNFF County ofResidence Attomeys 6lzr as Washinoton ofFint Listed Defendant (N CASES) NOTE: (C) law. exceot DEFENDANTS Jemes C. Condos, in his official capacity as the Secretary of State of Vermont Beaulieu, and Mary Beausoleil (DTEPT DaDen as reouired bv (SEE ,{STRUCaONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS Tracey Martel, Robert Frenier, Brian Smith, Raoul (b) filins and service ofoleadings or other U.S. PIAINAFF C,4.SES OMA IN LAND CONDEMNATION CASES, USE TI{E LOCATION OF TT{ETRACT OF LAND INVOLVED. AttorrL€ys (If Krlawn) Nane, Ad&ess, and Telephotu Nmber) Deborah T. Bucknam, Bucknam Law, P.C., zt3{ Eastnan Rd., Wblden, vT 05036, (802) 7rl&5525; Davld A. Warrtngton, Kutak Rod( LLP, 901 E. B!/rd St, Sts. 1000, Rlcfrmond, VA2321q (202't82&24tf; Harmo€t K Dhlllon, Dhillon Lar Group, lnc", 177 post St, 5!6. 7@, San Frandsco, C494108, (41O 43&1700 II. Cl BASIS OF JIIRISDICTION 1 2 U.S. (U.5. 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CAUSE OFACTION REQTTESTED IN o COMPLAINT: vrrl. UNDER RULE 23, F.RCV.P. (See IFANY lT*l E: W#Wffit%trr,M,g.s8ts Multidisrict Litigation - Traisfer f, 8 Multidistrict Litigaion - Direct File I e83 injunctive relief against Defendanfs ultra vires Direc'tive that infringes on their right to vote CIIECK IF THIS IS A CI"ASS ACTION RELATED CASE(S) REIE;nt# e.ict ofcause: c vrr. from O 6 5 Reopened larel VI. 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