Case: 12-2145

Document: 00116452558

Page: 1

Date Filed: 11/02/2012

Entry ID: 5687716

No. 12-2145 ___________________________________________________________ UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ___________________________________________________________ MYRNA COLON MARRERO Plaintiff Appellant v. HCTOR CONTY PREZ, et al., Defendants-Apellees ____________________________________________________________ ON APPEAL FROM UNITED STATE DISTRICT COURT FOR PUERTO RICO --------------INFORMATIVE MOTION IN RE EMERGENCY MOTION TO PROTECT THE COURTS APPELLATE JURISDICTION AND THE RIGHTS OF AMERICAN CITIZENS RESIDING IN PUERTO RICO TO CAST PROVISIONAL BALLOTS UNDER HAVA WITHOUT FEAR OF CRIMINAL PROSECUTION -------------------

Carlos A. Del Valle Cruz Rafael E. Garca Rodn Carlos Hernndez Lpez Banco Popular Bldg., Suite 701 206 Tetun Street San Juan, PR 00901 Tel. 787 722 7788 Counsel for Appellant November 2, 2012
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Earlier today, the Appellant filed an emergency motion to protect the courts appellate jurisdiction and the rights of American citizens residing in Puerto Rico to cast provisional ballots under HAVA without fear of criminal prosecution. At the time said motion was filed, we informed the Court that yesterday the Supreme Court of Puerto Rico had issued a Resolution that, although it denied intra-jurisdictional certiorari to head the underlying state court case, expressed opinions that should the case get to it, it would uphold NPP Electoral Commissioners position that inactive voters had no right to vote in the provisional ballot electoral units, it endorsed the exclusion of these voters. It did not acknowledged the application of HAVA to Puerto Rico, and cited the Commonwealth statutes that provided for criminal sanctions and jail terms of thee years for these voters. The Emergency Motion implored this Court to issue a pronouncement that inactive voters had a right under HAVA to cast provisional ballots and that this right was not subject to the threat of criminal prosecution under Commonwealth law. As of this time, the Court has not issued any response to said Emergency Motion. Minutes ago, however, the Supreme Court has changed its original order and has now assumed jurisdiction over the matter and issued an Order mandating the parties to brief the Court by 7:00 pm tonight. On the basis of the arguments presented in the Emergency Motion filed today, Appellant has reasons to fear that unless this Court issued an Opinion with respect to the HAVA right to provisional ballot of 330, 902 voters in Puerto Rico, the Supreme Court will issue an overnight opinion, contrary to HAVA, barring said voters to vote for the Resident Commissioner federal office and subjecting them to criminal penalties and imprisonment. WHEREFORE, the Appellant prays for this Court, to issue the protective remedies required under these circumstances.

RESPECTFULLY SUBMITTED. In San Juan, Puerto Rico, this November 2, 2012.

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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/ Carlos M. Hernndez Lpez Carlos M. Hernndez Lpez USDC-PR 207403 PO Box 1731 San, Juan, PR 00681 hernandezcharlie@gmail.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

CM/ECF CERTIFICATE OF SERVICE On this same date, the Appellant has electronically filed this Motion with the Clerk of the Court using the CM/ECF system that in turn will notify all attorney of record.

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