IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN. v. Case No. 12-CV-185 DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT

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1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF WISCONSIN Bettye Jones; League of United Latin American Citizens (LULAC) of Wisconsin; Cross Lutheran Church; Milwaukee Area Labor Council, AFL-CIO; and Wisconsin League of Young Voters Education Fund, Plaintiffs, v. Case No. 12-CV-185 David G. Deininger; Michael Brennan; Gerald C. Nichol; Thomas Barland; Thomas Cane; Kevin J. Kennedy; and Nathaniel E. Robinson, Defendants. DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT Defendants David G. Deininger, Michael Brennan, Gerald C. Nichol, Thomas Barland, Thomas Cane, Kevin J. Kennedy, and Nathaniel E. Robinson (collectively, Defendants ), by their undersigned counsel, hereby answer the Complaint filed by plaintiffs Bettye Jones; League of United Latin American Citizens (LULAC) of Wisconsin; Cross Lutheran Church; Milwaukee Area Labor Council, AFL-CIO; and Wisconsin League of Young Voters Education Fund (collectively, Plaintiffs ), as follows. COMPLAINT Unnumbered paragraph on pages 1 through 2 of Plaintiffs Complaint: Defendants DENY the allegations in this paragraph of Plaintiffs Complaint. Case 2:12-cv LA Filed 03/15/12 Page 1 of 7 Document 7

2 JURISDICTION AND VENUE 1. Defendants ADMIT the allegations in the first sentence of paragraph 1. Defendants lack knowledge or information sufficient to form a belief as to the allegations in the second sentence of paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph 2. PARTIES 3. Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants ADMIT the allegations in paragraph Defendants ADMIT the allegations in paragraph Defendants ADMIT the allegations in paragraph Defendants ADMIT the allegations in paragraph Case 2:12-cv LA Filed 03/15/12 Page 2 of 7 Document 7

3 WISCONSIN S TRADITIONAL VOTING PROCESS 12. Defendants ADMIT the factual allegations in paragraph 12 subject to the qualification that the terms traditionally and traditional are vague and undefined as to time frame. It is unclear what Plaintiffs mean by using these terms. With regard to the legal allegations in paragraph 12, Defendants DENY that a responsive pleading is required because Wisconsin law speaks for itself. To the extent that the legal allegations in paragraph 12 misstate the law, Defendants DENY the allegations in paragraph Defendants ADMIT the factual allegations in paragraph 13 subject to the qualification that the terms traditionally and traditional are vague and undefined as to time frame. It is unclear what Plaintiffs mean by using these terms. With regard to the legal allegations in paragraph 13, Defendants DENY that a responsive pleading is required because Wisconsin law, federal law, and the federal Help America Vote Act, 42 U.S.C , speak for themselves. To the extent that the legal allegations in paragraph 13 misstate the law, Defendants DENY the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph 14. THE DEVELOPMENT OF ACT Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Case 2:12-cv LA Filed 03/15/12 Page 3 of 7 Document 7

4 18. Defendants ADMIT the allegations in the first sentence of paragraph 18. Defendants lack knowledge or information sufficient to form a belief as to the remaining allegations in paragraph 18. THE VOTING PROCESS CONTEMPLATED BY ACT Defendants DENY that paragraph 19 contains any factual allegations to which a responsive pleading is required because 2011 Wisconsin Act 23 speaks for itself. To the extent that the allegations in paragraph 19 misstate the law or contain factual allegations to which a response is required, Defendants DENY the allegations in paragraph Defendants DENY that paragraph 20 contains any factual allegations to which a responsive pleading is required because 2011 Wisconsin Act 23 speaks for itself. To the extent that the allegations in paragraph 20 misstate the law or contain factual allegations to which a response is required, Defendants DENY the allegations in paragraph Defendants DENY that paragraph 21 contains any factual allegations to which a responsive pleading is required because 2011 Wisconsin Act 23 speaks for itself. To the extent that the allegations in paragraph 21 misstate the law or contain factual allegations to which a response is required, Defendants DENY the allegations in paragraph Defendants ADMIT the allegations in paragraph 22. THE ADVERSE AND DISPARATE IMPACT OF ACT 23 ON AFRICAN-AMERICAN AND LATINO VOTERS 23. Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Case 2:12-cv LA Filed 03/15/12 Page 4 of 7 Document 7

5 25. Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph 26. FIRST CLAIM FOR RELIEF VIOLATION OF SECTION 2 THE [SIC] OF THE VOTING RIGHTS ACT OF Defendants reassert their responses to paragraph 1 through 26 as if set forth fully herein. 28. Defendants DENY that paragraph 28 contains any factual allegations to which a responsive pleading is required because 42 U.S.C. 1973(a) speaks for itself. To the extent that the allegations in paragraph 28 misstate the law or contain factual allegations to which a response is required, Defendants DENY the allegations in paragraph Defendants DENY that paragraph 29 contains any factual allegations to which a responsive pleading is required because 42 U.S.C and 42 U.S.C 1983 speak for themselves. To the extent that the allegations in paragraph 29 misstate the law or contain factual allegations to which a response is required, Defendants DENY the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Case 2:12-cv LA Filed 03/15/12 Page 5 of 7 Document 7

6 33. Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in the first sentence of paragraph 36. Defendants DENY the remaining allegations in paragraph Defendants lack knowledge or information sufficient to form a belief as to the allegations in paragraph Defendants DENY the allegations in paragraph 38. RESPONSE TO PRAYER FOR RELIEF AND WHEREFORE CLAUSE: Defendants DENY that Plaintiffs are entitled to the relief they have requested. FURTHER RESPONSE: Defendants DENY any factual allegations in Plaintiffs Complaint not expressly admitted herein Case 2:12-cv LA Filed 03/15/12 Page 6 of 7 Document 7

7 AFFIRMATIVE DEFENSES A. Pursuant to Fed. R. Civ. P. 12(b)(6), Plaintiffs Complaint fails to state a claim upon which relief can be granted. WHEREFORE, Defendants respectfully pray that judgment be entered in their favor dismissing this action, denying all of the relief requested, and granting them such further relief as the Court deems appropriate. Dated this 15th day of March Respectfully submitted, J.B. VAN HOLLEN Attorney General /s/ Clayton P. Kawski THOMAS C. BELLAVIA Assistant Attorney General State Bar # CARRIE M. BENEDON Assistant Attorney General State Bar # CLAYTON P. KAWSKI Assistant Attorney General State Bar # Wisconsin Department of Justice Post Office Box 7857 Madison, Wisconsin (608) (Bellavia) (608) (Benedon) (608) (Kawski) (608) (Fax) bellaviatc@doj.state.wi.us benedoncm@doj.state.wi.us kawskicp@doj.state.wi.us Attorneys for Defendants cases\jones - voter id, gab\pleadings\answer.doc Case 2:12-cv LA Filed 03/15/12 Page 7 of 7 Document 7