11-4894
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
________________________________________________
Doug Bersaw, New Hampshire, Amanda Moore, South
Carolina, Arthur Groveman, Florida, James Condit, Jr.,
Ohio, Fred Smart, Illinois, Pam Wagner, Iowa, Troy
Reha, Iowa, Gregory Gorey, Texas, Susan Marie
Weber, California, Mary D. Farrell, Oregon, Brian L.
Roberts, Alabama, Jean C. Allen, Alabama, Charles D.
Roberts, Alabama, Brent Cole, Sr., Alaska, Duane F.
Andress, Alaska, Henry Ayre, Alaska, David Johnson,
Arizona, Stuart Kevin Cole, Arizona, Mark J. Yannone,
Arizona, Tom Mayfield, Arkansas, Lynne Baker,
Arkansas, Glenda Middlebrook, Arkansas, Mychal R.
Pitagora, California, Mychal R. Schillaci, California,
Lorraine Lunnon, Colorado, Lotus, Colorado, Betty
Wies, Colorado, Walter B. Reddy, III, Connecticut,
Charles Price, Connecticut, Heather Wilson,
Connecticut, Steven Bachman, Delaware, Jean
Mateson, Delaware, Marcus Riego, Delaware, Nova A.
Montgomery, Florida, Janine L. Dean Winter, Florida,
John J. Felso, Georgia, Clay Dalton, Georgia, Roger
Patrick, Georgia, Ka'imi Pelekai, Hawaii, Charles W.
Abel, Hawaii, Michael Marsoun, Hawaii, Gary Conway,
(Parties Continued on Next Page)
__________________________________________________________________
PLAINTIFFS’ STATEMENT EXPLAINING WHY
ORAL ARGUMENTS SHOULD BE HEARD
__________________________________________________________________
April 24, 2012
ROBERT L. SCHULZ
2458 Ridge Road
Queensbury, NY 12804
JOHN LIGGETT
1040 1st Ave #351
New York, NY 10022
Idaho, Susan K. Venable, Idaho, Paul T. Venable, III,
Idaho, Anthony Leonardo, Illinois, Charles Nadolski,
Illinois, Gerald B. Hebert, Indiana, William Hathaway,
Indiana, Charlie Kochenash, Indiana, Dave Ward, Iowa,
James Gragg, Kansas, Robin A. Bailey, Kansas, Todd
Metallo, Kentucky, Robert Adams, Kentucky, Patrick
Conway, Kentucky, Ashley Wade Gary, Louisiana,
Corey Michael Graham, Louisiana, Clarence Edward
Ward, III, Keith Castonguay, Maine, Marie
Castonguay, Maine, Beverly Durand, Maine, Harold
Poole, Maryland, Walter Augustine, Maryland, Cynthia
L. Jones, Maryland, Donald Williamson, Massachusetts,
Paul Dionne, Massachusetts, Daniel Skapinsky,
Massachusetts, Tony Demott, Michigan, Pat Foster,
Michigan, John Marshall, Minnesota, Shawn Wayne
Junior Davis, Minnesota, John Hansvick, Minnesota,
Mark G. Bushman, Mississippi, Christopher J.M.
Cummins, Mississippi, Johnathan D. Meadows,
Mississippi, Kevin Halpin, Missouri, Joseph Goodman,
Missouri, Brian Thompson, II, Missouri, Stanley Jones,
Montana, Elena Gagliano, Montana, Joseph Kasun,
Nebraska, Eric Miller, Nebraska, Jay Peterson,
Nebraska, Christopher H. Hansen, Nevada, Juanita Cox,
Nevada, Guy Page Felton, III, Nevada, Dianne Gilbert,
New Hampshire, Robert Surprenant, New Hampshire,
Edward Helmstetter, New Jersey, Gary Berner, New
Jersey, Pankaj Anand, New Jersey, Charles Ranalli,
New Mexico, James Genzling, New Mexico, William
Ritch, New Mexico, Arthur Berg, New York, Steve
Harris, North Carolina, Bette German Smith, North
Carolina, Carl Jay Zietlow, North Carolina, Charles
Cartier, North Dakota, Cathy Cartier, North Dakota,
Michael Disalvo, Ohio, Gregory Tekautz, Ohio, Steven
M. Beeson, Oklahoma, Craig F. Holguin, Oklahoma,
Jennifer L. Waters, Oklahoma, Lee Hamel, Oregon,
Rubie O'Dell, Oregon, Edgar Stephan, Pennsylvania,
Joseph Thompson, Pennsylvania, Christopher J.
Maynard, Rhode Island, Thomas Beretta, Rhode Island,
Susan R. Berge, Rhode Island, Joshua David Brannon,
South Carolina, Ilona Urban Blakeley, South Carolina,
William Stegmeier, South Dakota, Elvis Hanes, South
Dakota, Eugene Paulson, South Dakota, William
Hardin, Tennessee, John Farrar, Tennessee, William
Keller, Tennessee, Gary W. Giuffre, Texas, Eddie
Craig, Texas, Ronald J. Keller, Texas, Robert K.
Dalton, Utah, Ted Arsenault, Utah, Shaun A. Knapp,
Utah, David Cole, Vermont, Gary L. Gale, Vermont,
Owen Mulligan, Vermont, William Clark Delashmutt,
Virginia, Carolyn Williams, Virginia, Judith Sharpe,
Virginia, Ron Moss, Washington, Larry K. Burns,
Washington, David Knight, Washington, William
Sisemore, West Virginia, Dorris Ponstingl, West
Virginia, Zabrina Sisemore, West Virginia, Francine
Arnold, Wisconsin, Anita Zibton, Wisconsin, Lance
Crain, Wyoming, Maurice W. Jones, Joe R. Slack, Jr.,
Wyoming, Kenneth Cooper, Michigan, State of Texas,
Samuel Anthony Ettaro, Pennsylvania,
Plaintiffs,
Robert L. Schulz, New York and John Liggett, New York,
Plaintiffs- Appellants,
v.
State of New Hampshire, State of South Carolina, State
of Florida, State of Ohio, State of Illinois, State of
Iowa, State of California, State of Oregon, Neil
Kelleher, New York State Board of Elections, State of
Alabama, Beth Chapman, Alabama Secretary of State
and Chief Election Official, in her individual and official
capacity, State of Alaska, Sean Parnell, Alaska Lt.
Governor and Chief Election Official, individually and in
his or her official capacity, State of Arizona, Jan
Brewer, Arizona Secretary of State and Chief Election
Official, individually and in his or her official capacity,
State of Arkansas, Charlie Daniels, Arkansas Secretary
of State and Chief Election Official, individually and in
his or her official capacity, Debra Bowen, California
Secretary of State and Chief Election Official,
indivudually and in her official capacity, State of
Colorado, Mike Coffman, Colorado Secretary of State
and Chief Election Official, individually and in his
official capacity, State of Connecticut, Susan Bysiewicz,
Connecticut Secretary of State and Chief Election
Official, individually and in her official capacity, State of
Delaware, Elaine Manlove, Delaware Commissioner of
Elections, individually and in her official capacity, Kurt
Browning, Florida Secretary of State and Chief Election
Official, individually and in his official capacity, State of
Georgia, Karen Handel, Georgia Secretary of State and
Chief Election Official, individually and in her official
capacity, State of Hawaii, Rex M. Quidilla, Hawaii
Chief Election Officer, individually and in his official
capacity, State of Idaho, Ben Ysursa, Idaho Secretary
of State and Chief Election Official, individually and in
his official capacity, Albert Porter, individually and in
his official capacity, Bryan Schnier, individually and in
his official capacity, Jesse Smart, individually and in his
official capacity, Wanda Rednour, individually and in
her official capacity, Robert Walters, individually and in
his official capacity, Patrick Brady, individually and in
his official capacity, William McGuffage, individually
and in his official capacity, John Keith, individually and
in his official capacity, Illnois State Board of Elections,
State of Indiana, Todd Rokita, Indiana Secretary of
State and Chief Election Official, individually and in his
official capacity, Michael Mauro, Iowa Secretary of
State and Chief Election Official, individually and in his
official capacity, State of Kansas, Ron Thornburgh,
Kansas Secretary of State and Chief Election Official,
individually and in his official capacity, State of
Kentucky, Trey Grayson, Kentucky Secretary of State
and Chief Election Official, individually and in his
official capacity, State of Louisiana, Jay Dardenne,
Louisiana Secretary of State and Chief Election Official,
individually and in her official capacity, State of Maine,
Matthew Dunlap, Maine Secretary of State and Chief
Election Official, individually and in his official capacity,
State of Maryland, Robert Walker, individually and in
his official capacity, Bobbie Mack, individually and in
his official capacity, Andrew Jezic, individually and in
his official capacity, David McManus, individually and
in his official capacity, Charles Thompson, individually
and in his official capacity, Maryland State Board of
Elections, State of Massachusetts, William Francis
Galvin, Massachusetts Secretary of the Commonwealth
and Chief Election Official, individually and in his
official capacity, State of Michigan, Terri Lynn Land,
Michigan Secretary of State and Chief Election Official,
individually and in his or her official capacity, State of
Minnesota, Mark Ritchie, Minnesota Secretary of State
and Chief Election Official, individually and in his
official capacity, State of Mississippi, Eric Clark,
Mississippi Secretary of State and Chief Election
Official, individually and in his official capacity, State of
Missouri, Robin Carnahan, Missouri Secretary of State
and Chief Election Official, individually and in his or her
official capacity, State of Montana, Brad Johnson,
Montana Secretary of State and Chief Election Official,
individually and in his official capacity, State of
Nebraska, John Gale, Nebraska Secretary of State and
Chief Election Official, individually and in his official
capacity, State of Nevada, Ross Miller, Nevada
Secretary of State and Chief Election Official,
indivudually and in his official capacity, William
Gardner, New Hampshire Secretary of State and Chief
Election Official, individually and in his official capacity,
State of New Jersey, Anne Milgram, New Jersey
Attorney General and Chief Election Official,
individually and in her official capacity, State of New
Mexico, Mary Herrera, New Mexico Secretary of State
and Chief Election Official, individually and in her
official capacity, State of North Carolina, Larry Leake,
individually and in his official capacity, Lorraine Shinn,
individually and in her official capacity, Charles
Winfree, individually and in his official capacity,
Genevieve Sims, individually and in her official capacity,
Robert Cordle, individually and in his official capacity,
North Carolina State Board of Elections, State of North
Dakota, Alvin Jaeger, North Dakota Secretary of State
and Chief Election Official, individually and in his or her
official capacity, Jennifer Brunner, Ohio Secretary of
State and Chief Election Official, individually and in her
official capacity, State of Oklahoma, Thomas Price,
individually and in his official capacity, Susan Turpen,
individually and in her official capacity, Ramon Watkins,
individually and in his official capacity, Oklahoma State
Election Board, Bill Bradbury, Oregon Secretary of
State and Chief Election Official, individually and in his
official capacity, State of Pennsylvania, Pedro Cortes,
Pennsylvania Secretary of the Commonwealth and Chief
Election Official, individually and in his official capacity,
State of Rhode Island, A. Ralph Mollis, Rhode Island
Secretary of State and Chief Election Official,
individually and in his official capacity, John Hudgens,
III, individually and in his official capacity, Cynthia
Bensch, individually and in her official capacity, Tracey
Green, individually and in his or her official capacity,
Pamella Pinson, individually and in her official capacity,
Edward Pritchard, Jr., individually and in his official
capacity, South Carolina State Election Commission,
State of South Dakota, Chris Nelson, South Dakota
Secretary of State and Chief Election Official,
individually and in his official capacity, State of
Tennessee, Riley Darnell, Tennessee Secretary of State
and Chief Election Official, individually and in his or her
official capacity, Phil Wilson, Texas Secretary of State
and Chief Election Official, individually and in his
official capacity, State of Utah, Gary Herbert, Utah Lt.
Governor and Chief Election Official, individually and in
his official capacity, State of Vermont, Deborah
Markowitz, Vermont Secretary of State and Chief
Election Official, individually and in her official
capacity, State of Virginia, Jean Cunningham,
individually and in his or her official capacity, Harold
Pyon, individually and in his official capacity, Nancy
Rodriques, individually and in her official capacity,
Virginia State Board of Elections, State of Washington,
Sam Reed, Washington Secretary of State and Chief
Election Official, individually and in his or her official
capacity, State of West Virginia, Betty Ireland, West
Virginia Secretary of State and Chief Election Official,
individually and in her official capacity, State of
Wisconsin, John Schober, individually and in his official
capacity, Shane Falk, individually and in his or her
official capacity, David Anstaett, individually and in his
official capacity, Kirby Brant, individually and in his or
her official capacity, Donald Goldberg, individually and
in his official capacity, Carl Holborn, individually and in
his official capacity, Patrick Hodan, individually and in
his official capacity, Robert Kasieta, individually and in
his official capacity, Jon Savage, individually and in his
official capacity, Wisconsin State Elections Board, State
of Wyoming, Max Maxfield, Wyoming Secretary of
State and Chief Election Official, individually and in his
or her official capacity, Commonwealth of
Massachusetts, William Francis Galvin, Whitney
Brewster, State of New York,
Defendants,
Douglas Kellner, individually and as Commissioner of
the New York State Board of Elections, Evelyn Aquila,
individually and as Commissioner of the New York
State Board of Elections, Helena Moses Donahue,
individually, Gregory P. Peterson, as Commissioner of
the New York State Board of Elections, James A.
Walsh, as Commissioner of the New York State Board
of Elections, Helena Moses Donahue, individually,
Defendants - Appellees.