Multiple Documents - moritzlaw.osu.edu · The prohibition on the RNC' s involvement in these activities also means that no RNC resources may be used for these activities,

Multiple DocumentsPart Description1 3 pages2 Exhibit 1 - Gleason Decl.

PENNSYLVANIA DEMOCRATIC PARTY et al v. DONALD J. TRUMP FOR PRESIDENT, INC. et al, Docket No. 2:16-cv-05664

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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

PENNSYLVANIA DEMOCRATIC PARTY,

Plaintiff,

v.

REPUBLICAN PARTY OF PENNSYLVANIA, DONALD J. TRUMP FOR PRESIDENT, INC., ROGER J. STONE, JR., and STOP THE STEAL INC.,

Defendants.

Civ. No. 16-5664

DECLARATION OF MICHAEL J. GOTTLIEB, ESQ.

I, Michael J. Gottlieb, Esq., being of full age and upon my oath according to

law, hereby declare as follows:

1. I am an Attorney-at-Law admitted in the State of New York, the

District of Columbia and the State of California (inactive), and am admitted pro

hac vice as counsel in this case pursuant to Local Rule 83.5.2(b) and this Court’s

Order dated October 31, 2016 (Doc. No. 6). I am a partner in the law firm of Boies,

Schiller & Flexner LLP, attorneys for Plaintiff, Pennsylvania Democratic Party, in

the above-captioned matter. I am familiar with the facts related to this litigation.

Case 2:16-cv-05664-PD Document 45 Filed 11/07/16 Page 1 of 3

2. Annexed hereto as Exhibit 1 is a true copy of the Declaration of

Robert A. Gleason, Jr., Democratic National Committee v. Republican National

Committee, Civil Action No.81-3876 (D. N.J.).

I hereby certify that the foregoing statements made by me are true to the best

of my knowledge and belief. I am aware that if any of the foregoing statements

made by me are willfully false, I am subject to punishment.

Dated: November 7, 2016 Respectfully submitted,

/s/ Michael J. Gottlieb Michael J. Gottlieb

BOIES, SCHILLER & FLEXNER LLP 5301 Wisconsin Avenue, NW Washington, DC 20015 Tel: (202) 237-9617 Fax: (202) 237-6131 [email protected] Attorney for Plaintiff


CERTIFICATE OF SERVICE

I hereby certify that on November 7, 2016, I electronically transmitted the

attached document and exhibits to the Clerk’s Office using the CM/ECF System

for filing. Notice of the filing will be sent by operation of the Court’s electronic

filing system to all parties indicated on the electronic filing receipt. Parties may

access this filing through the Court’s system.

Respectfully submitted,

/s/ Michael J. Gottlieb Michael J. Gottlieb

BOIES, SCHILLER & FLEXNER LLP 5301 Wisconsin Avenue, NW Washington, DC 20015 Tel: (202) 237-9617 Fax: (202) 237-6131 [email protected] Attorney for Plaintiff


Case 2:81-cv-03876-JMV-JBC Document 120-3 Filed 11/02/16 Page 2 of 9 PageID: 6309

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

DEMOCRATIC NATIONAL COMMITTEE, et al.

Plaintiffs,

Civil Action No.: 81-3876 v.

REPUBLICAN NATIONAL COMMITTEE, et al. Judge John Michael Vazquez

Defendants.

DECLARATION OF ROBERT A. GLEASON JR.

Pursuant to 28 U.S.C. § 1746, I, Robert A. Gleason Jr., declare as follows:

1. My name is Robert A. Gleason Jr. I am over the age of 18, have

personal knowledge of the facts stated in this declaration, and can competently

testify to their truth.

2. I am a U:8. citizen and the Chairman of the Republican Party of

Pennsylvania ("Pennsylvania GOP"), and have served in this position since June

2006.

3. Under Rules l(a) and 3(b) of the Republican National Committee

("RNC"), by virtue of my position as Chairman of the Pennsylvania GOP, I am also

a member of the RNC. As explained by RNC General Counsel John Ryder in his

email dated October 19, 2016, RNC members are not "agents" of the RNC,

especially in terms of authorizing or carrying out ballot security or voter fraud

prevention activities. A true and correct copy of Mr. Ryder's e-mail to me and other

RNC members is attached as Exhibit A.

Case 2:16-cv-05664-PD Document 45-1 Filed 11/07/16 Page 1 of 8


Nove1nber 2, 2016 Page2of2

4. Other than communications related directly to this declaration, the

Pennsylvania GOP has not had any communications with the RNC regarding poll

watching for this election, nor has the RNC provided any financial or personnel

resources to the Pennsylvania GOP, county, or local parties designated for poll

watching in the state.

5. · On October 22, 2016, I was quoted in a Washington Post article

regarding a lawsuit filed by the Pennsylvania GOP challenging the constitutionality

of a Pennsylvania state law concerning poll watching for this election. As the

11rticle itself notes, I made the comment in my capacity as Chairman of the

Pennsylvania GOP. I did not make the comment on behalf of the RNC. My

comments in no way indicate the RNC's intent to participate in poll watching or

involvement in the lawsuit, nor did I intend my comments to be construed in such a

way. A true and correct copy of the Washington Post article (Pennsylvania

Republicans sue to allow poll watchers to cross county lines) dated October 22, 2016

is attached as Exhibit B.

6. To the extent that the Pennsylvania GOP has been involved with any

poll watching, it has been without the participation or assistance of the RNC.

I declare under penalty of perjury that the foregoing is true.

Executed on November 2, 2016.


Exhibit A

Case 2:81-cv-03876-JMV-JBC Document 120-3 Filed 11/02/16 Page 4 of 9 PageID: 6311Case 2:16-cv-05664-PD Document 45-1 Filed 11/07/16 Page 3 of 8


Tabas, Lawrence

From: Sent: To: Cc: Subject:

RNC Members,

John Ryder - General Counsel <[email protected]> Wednesday, October 19, 2016 4:07 PM John Ryder - General Counsel RNC Counsel Important Message from John Ryder, General Counsel

Please take a few minutes to read this important infonnation. With early and absentee voting under way and Election Day approaching, I wanted to remind you of the restrictions placed on the RNC by the consent decree in the case Democratic National Committee v. Republican National Committee.

The Consent Decree prohibits the RNC- or anyone acting on the RN C's behalf-from engaging in "ballot security" activity, which includes, but is not limited to, ~[forts to prevent or remedy vote.fraud, unless advance notice is given to the DNC and the U.S. District Court that enforces the Consent Decree grants pennission.

The effect is that no RNC employees or RNC members acting in their capacity as members may engage in any way with certain Election Day and pre-Election Day activities. Examples of things you are prohibited from doing in your role as an RNC member include:

• Preparing challenge lists • Poll watching • Recruiting or training poll watchers • Making contact with voters at the polls • Taking pictures or recording video at poll sites • Infonning potential voters that vote fraud is a crime • Assisting, training or advising others who are participating in any of these activities • Recruiting others to participate any of these activities

The prohibition on the RNC' s involvement in these activities also means that no RNC resources may be used for these activities, and that you may not use your RNC title, letterhead, business cards, or other indicia ofRNC membership in connection with these activities.

f the RNC is found to violate the Consent Decree, its provisions will extend for another eight years. Currently, it is set to expire in December 17, and I ask your full cooperation in making sure that it is not extended.

Given the seriousness of the Consent Decree and the severe consequences of a violation, you are encouraged not to engage in "ballot security" activities even in your personal, state party, or campaign capacity. If you elect to do so, please be aware that the RNC in no way sanctions your activity. You are not an agent of the RNC for

. any such purpose.

Adherence to the Consent Decree is of the utmost importance. If you have questions, please do not hesitate to ask.

Best regards,

John Ryder



General Counsel

2


Exhibit B


Post Politics

Pennsylvania Republicanssue to allow poll watchers tocross county lines

By David Weigel October 22

Stymied in their efforts to pass a bill allowing more freedom to Election Day poll watchers, Pennsylvania Republicans have

filed a lawsuit, arguing that their activists have First and 14th Amendment rights to watch polls anywhere.

“Republicans are not a majority of registered voters in any ward in Philadelphia County,” the Republicans said in the lawsuit.

“As a result of the Commonwealth's arbitrary restriction on poll watchers, candidates, political parties and political bodies are

unjustifiably burdened in their attempts to locate available, qualified registered electors who can serve as poll watchers.”

The lawsuit, which comes as Republican presidential nominee Donald Trump makes several campaign stops in the battle

for the commonwealth, claims that Democrats are also disadvantaged by current laws that restrict volunteer poll watchers to

the counties they live in. But Democrats, who have won every presidential election in the state since 1992, have not raised

serious doubts about their Election Day operations in deep red counties.

The loudest complaints about the pollwatcher system have come from Republicans, who have said for years that potential

voter fraud in Philadelphia, Pennsylvania's largest city, was making the state unwinnable.

“You want me to tell you the election in Philadelphia and Chicago is going to be fair?” said Rudolph W. Giuliani, a Trump

surrogate who has suggested that Democrats will fraudulently get voters to drive around the city and cast multiple ballots,

after this week's presidential debate. “I would have to be a moron to say that.”

Egged on by Trump, Pennsylvania Republicans have encouraged members to become poll watchers, allowing them to challenge

the credentials of any voters in their jurisdiction. In an interview two months ago, when Trump first floated the idea that vote

rigging in Philadelphia would steal Pennsylvania away from him, state GOP chairman Rob Gleason said that Republicans were

credentialing more poll watchers in the city than ever before.

But Republicans, badly outnumbered in the Philadelphia, are seeking a way to bring poll watchers in from the suburbs. In the

lawsuit, they point to the fact that every congressional district spills into multiple counties to argue that the homecounty rule


Campaign 2016

State of the 2016 race

“arbitrarily and unreasonably distinguishes between voters within the same electoral district by allowing some, but not others,

to serve as poll watchers.”

Pennsylvania Democrats responded to the lawsuit this morning, with Pennsylvania Democratic Party Chairman Marcel L.

Groen calling it a "publicity stunt" that would be "found unconstitutional" in short order.

“This is just another way for the Republicans to avoid talking about issues," said Groen. "Pennsylvanians must know that their

sacred right to vote will be defended; more people will vote in this election than any in our history, and we expect it to be easier

than ever for Pennsylvanians to cast their ballots on November 8. For the Pennsylvania Republicans to take their nominee's

conspiracy theories and thinly veiled racism to heart by trying to change the law two weeks from Election Day shows just how

unfit they are to lead.”

Rick Hasen, a University of California at Irvine law professor who watches election rules, said that the lawsuit looked like

“weak tea.” In a blog post, he explained that the lawsuit — which presents the problem as one of equal protection, not of

immediate fraud — comes too late and doesn't suggest a compelling interest. (That Republicans have introduced a bill on the

poll watcher issue is cited, in the lawsuit, as a proof that a need is there.)

“I cannot see how this severely burdens voters’ rights,” Hasen wrote, “and nothing in the complaint demonstrates that it does. I

don’t think the federal arguments have much of a chance of going anywhere.”

If it doesn't, Republicans who don't live in Philadelphia will not be able to challenge voters at the city's 1,000plus precincts.

But in 2008, after a highly publicized backlash to the community organizing group ACORN filing bogus voter registrations,

conservative activists had little problem traveling around polling places to publicize potential issues. Mike Roman, who is

helping the Trump campaign build an electionwatching program, tweeted a reminder this week of the 2008 poll watchers'

biggest coup — a video of two New Black Panther Party activists skulking outside a heavily Democratic precinct. That video ran

around the clock on Fox News and led to a yearslong investigation and several legal actions.

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David Weigel is a national political correspondent covering the 2016 election and ideological movements. Follow @daveweigel

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