Case 3:12-cv-01749-CCC Document 70

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO CIVIL NO. 12-1749 (CCC) FIRST AMENDMENT DUE PROCESS EQUAL PROTECTION NVRA, 42U.S.C.1973 et seq., HAVA, 42 USC 15541 et seq. CIVIL RIGHTS, 42 U.S.C. 1983

MYRNA COLON MARRERO JOSEFINA ROMAGUERA AGRAIT Plaintiffs v. HCTOR CONTY PREZ, et al.,

Defendants

INFORMATIVE MOTION TO THE HONORABLE COURT: Come now Plaintiffs, through the undersigned attorneys, and respectfully state, allege and pray as follows: In supplement to the Motion for Order of today (D. 69), Plaintiff hereby attaches copy of letter to Thomas E. Perez Assistant Attorney General Civil Rights Division Department of Justice and to Rosa E. Rodriguez-Velez, U.S. District Attorney for Puerto Rico, asking their respective offices to enforce the federal statutes that prohibit voter intimidation and that require provisional ballots for voters who assert they are eligible but whose names do not appear on poll

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books. Plaintiffs furthermore inform the Court that the underlying state court action hearing the claims presented there by defendant Mundo as to the production of the list of inactive voters at the electoral untis have not yet be adjudicated by said court. WHEREFORE, Plaintiffs respectfully request this Honorable Court take note of the foregoing. In San Juan, Puerto Rico, this November 1, 2012.

S/ Carlos A. Del Valle Cruz Carlos A. Del Valle Cruz USDC-PR 130604 Del Valle Law PO Box 9022473 San Juan, PR 00902-2473 cdvlawpr@gmail.com S/Juan H. Saavedra Castro USDC-PR NO. 1702 P.O. Box 9021782 San Juan, Puerto Rico 00902-1782 Phone: (787) 72207741 Fax: (787) 722-7748 saavedracastrojuan@me.com

S/ Rafael E. Garca Rodn Rafael E. Garca Rodn USDC-PR 129911 Banco Popular Bldg., Suite 701 206 Tetun Street San Juan, PR 00901 rafael_e_garcia@hotmail.com S/ Carlos M. Hernndez Lpez Carlos M. Hernndez Lpez USDC-PR 207403 1st CA Bar # 8401 PO Box 1731 San, Juan, PR 00681 hernandezcharlie@gmail.com

CERTIFICATE OF SERVICE The foregoing counsel certify that on October 18, 2012, this document was filed with the Clerk of the Court using the CM/ECF system that will notify all counsel of record.

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DEL VALLE LAW Carlos A. Del Valle Cruz Counsel November 1, 2012 VIA EMAIL Matthew.Colangelo@usdoj.gov. askdoj@usdoj.gpv Thomas E. Perez Assistant Attorney General Civil Rights Division Department of Justice Washington, D.C. 20020 ivette.figueroa@usdoj.gov Rosa E. Rodriguez-Velez U.S. District Attorney for Puerto Rico Torre Chardon, Suite 1201 350 Carlos Chardon Avenue San Juan, PR 00918 Re: Compliance with HAVA in Puerto Rico

Dear Mr. Diaz and Ms. Rodriguez: I address you concerned that the electoral rights of American citizens residing in Puerto Rico are being compromised by the threat to prosecute these voters for exercising valid rights under the National Voter Registration Act and the Help America Vote Act. I note, as the more glaring example, that in todays digital edition of the newspaper El Vocero reporter Carmen Milagros Daz at page 8 writes that defendant NPP Electoral Commissioner Edwin Mundo is requesting that the State Elections Commission, be ordered to sent the list of inactive voters to every electoral unit, not for the purpose of allowing their vote, but for the purpose of identifying them for possible fraud and prosecution. See http://issuu.com/vocero.com/docs/v11012012. These voters were removed from the electoral register unlawfully since they were inactivated for failure to vote in the last election and thus could not be removed under NVRA or HAVA. See Coln Marrero v. Conty Perez, USDC-PR Civil No. 12-2154(CCC). These 330,902 voters, unlawfully removed from the Commonwealths electoral register, nonetheless have individual rights under HAVA to cast a provisional ballot subject to the provisions of 42 U.S.C. 15483(a)(4)(A), which provides: The State election system shall include provisions to ensure that voter registration records in the State are accurate and are updated regularly, including the following: (A) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote from the official list of eligible voters. Under such system, consistent with the
cdvlawpr@gmail.com P.O. Box 9022473 San Juan, Puerto Rico 00924-2473 Tel. 787-233-0202 www.cdvlawpr.com

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NVRA, registrants who have not responded to a notice and who have not voted in 2 consecutive general elections for Federal office shall be removed from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote. This is the language from NVRA, 42 U.S.C. 1973gg-6(b)(1)(2)(B). Section 15482 of HAVA further establishes provisional voting requirements and procedures that enable the validity of said vote to be established and, if qualified, to be counted. Under HAVA any individual who believes is entitled to vote, such as the voters unlawfully inactivated under NVRA, shall be permitted to cast a provisional ballot as follows: (1) An election official at the polling place shall notify the individual that the individual may cast a provisional ballot in that election. (2) The individual shall be permitted to cast a provisional ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is(A) a registered voter in the jurisdiction in which the individual desires to vote; and B) eligible to vote in that election. (3) An election official at the polling place shall transmit the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4). (4) If the appropriate State or local election official to whom the ballot or voter information is transmitted under paragraph (3) determines that the individual is eligible under State law to vote, the individual's provisional ballot shall be counted as a vote in that election in accordance with State law. (5)(A) At the time that an individual casts a provisional ballot, the appropriate State or local election official shall give the individual written information that states that any individual who casts a provisional ballot will be able to ascertain under the system established under subparagraph (B) whether the vote was counted, and, if the vote was not counted, the reason that the vote was not counted. As you know, the USDOJs Civil Rights Divisions Voting Section enforces civil provisions of federal laws that protect the right to vote including: the Voting Rights Act; the National Voter Registration Act; the Uniformed and Overseas Citizens Absentee Voting Act; and the Help America Vote Act. Among other things, these laws prohibit discrimination based on race or membership in a minority language group; prohibit intimidation of voters; provide that voters who need assistance in voting because of disability or illiteracy can obtain assistance from a person of their choice; require minority language election materials and assistance in certain jurisdictions; provide for accessible election machines for voters with disabilities; require provisional ballots for -2-

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voters who assert they are eligible but whose names do not appear on poll books; provide for absentee ballots for service members and U.S. citizens living abroad; and require states to ensure that citizens can register at driver license offices, public assistance offices and other state agencies; and include requirements regarding maintaining voter registration lists. Given that inactive voters in Puerto Rico were unlawfully removed from the electoral register, that they retain a fundamental right to vote under the laws and Constitution of the United States, and that they are the object of unlawful voter intimidation and threat of prosecution from partisan representatives occupying public positions in the Commonwealths Election Commission, we respectfully request that you make a formal announcement that said voter intimidation is not lawful under the federal election laws and will not be tolerated in the upcoming November 6, 2012 elections in Puerto Rico. Pursuant to your enforcement authority, we ask that the U.S. District Attorney provide selected federal personnel as election monitors and observers at polling places to watch for voter intimidation and other unlawful conduct; that voters with rights under HAVA be allowed to cast their votes in provisional polling places; that the Department be ready to receive election-related complaints of potential violations relating to any of the statutes the Civil Rights Division enforces; that the department be available at special toll-free numbers to receive complaints related to ballot access (1800-253-3931) (TTY line 1-877-267-8971); and that you notify the public that they can also report complaints, problems or concerns related to voting via the Internet.Forms may be submitted through a link at the USDOJ Web page: www.justice.gov/crt/election2010contact.php. We pray that you notify us as soon as possible of your response to this request. Cordially,

S/ Carlos A. DelValle Cruz

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