VOTE FORWARD et al v. DEJOY et al

Filing 16

MOTION for Preliminary Injunction by AMY BOLAN, AARON CARREL, COLORADO ORGANIZATION FOR LATINA OPPORTUNITY AND REPRODUCTIVE RIGHTS, INDERBIR SINGH DATTA, DANTE FLORES-DEMARCHI, PAUL HUNTER, SEBASTIAN IMMONEN, KATHRYN MONTGOMERY, SEAN MORRISON, PADRES & JOVENES UNIDOS, LINDA ROBERSON, MARTHA THOMPSON, VOCES UNIDAS DE LAS MONTANAS, VOTE FORWARD, GARY YOUNG (Attachments: #1 Memorandum in Support, #2 Exhibit Index, #3 Exhibit USPS OIG Report (Aug. 2020), #4 Exhibit USPS, Postal Operations Manual (Excerpts), #5 Exhibit USPS OIG Report (May 2020), #6 Exhibit USPS, Mandatory Stand-Up Talk: All Employees, #7 Exhibit Leaked USPS Powerpoint, #8 Exhibit DeJoy Testimony - House Oversight Hearing (Aug. 24, 2020), #9 Exhibit DeJoy Testimony - Senate Hearing (Aug. 21, 2020), #10 Exhibit Statement of DeJoy - House Oversight Comm. (Aug. 24, 2020), #11 Declaration Professor Justin Grimmer, #12 Exhibit USPS, Congressional Briefing (Aug. 31, 2020), #13 Exhibit Chart of States Where Voters' Mail-In Ballots Are Impacted By Defendants' Delays, #14 Exhibit USPS Letter to Pa. (July 29, 2020), #15 Declaration Eitran D. Hersh, #16 Exhibit House Oversight Hearing on USPS Operations - Transcript (Aug. 24, 2020), #17 Exhibit Senate HSGAC Hearing on USPS Operations - Transcript (Aug. 21, 2020), #18 Declaration Aaron Carrel, #19 Declaration Martha Thompson, #20 Declaration Kathryn Montgomery, #21 Declaration Sebastian Immonen, #22 Declaration Amy Bolan, #23 Declaration Inderbir Singh Datta, #24 Declaration Scott J. Forman of Vote Forward, #25 Declaration Alex Sanchez of Voces Unidas De Las Montanas, #26 Text of Proposed Order)(Duraiswamy, Shankar)

EXHIBIT 18

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

VOTE FORWARD,
611 Pennsylvania Ave. SE #192
Washington, DC 20003;
AARON CARREL,
2 N Roby Rd.
Madison, WI 53726;

Civil Case No. 1:20-cv-02405-EGS

VOCES UNIDAS DE LAS MONTAÑAS,
1001 Grand Ave., Suite 107
Glenwood Springs, CO 81601;
COLORADO ORGANIZATION FOR
LATINA OPPORTUNITY AND
REPRODUCTIVE RIGHTS,
P.O. Box 40991
Denver, CO 80204;
and
PADRES & JÓVENES UNIDOS,
4130 Tejon St., Suite C
Denver, CO 80211,
Plaintiffs,
v.
LOUIS DEJOY, in his official
capacity as the Postmaster General,
475 L’Enfant Plaza SW,
Washington, D.C. 20260-0546;
and
UNITED STATES POSTAL SERVICE,
475 L’Enfant Plaza SW
Washington, DC 20260-0546,

Defendants.

DECLARATION OF KATHRYN MONTGOMERY
I, Kathryn Montgomery, declare as follows:
1.

The matters set forth herein are true and correct of my own personal knowledge.

If called as a witness, I could and would testify competently thereto.
2.

I am 81 years of age and a resident of New Orleans, Louisiana. I am a registered

voter in Louisiana, and have been for approximately 7 years. Normally, I prefer to vote in
person because I love to see the election process unfold as well as talk and mingle with my
friends and neighbors. Because of the ongoing COVID-19 pandemic and the need to minimize
my risk of exposure to the virus, I decided to vote by mail in the primaries held in July and the
subsequent runoffs.
3.

I have not yet received my absentee ballot for the November election. Based on

when I received my absentee ballot for the July primaries, I would expect to receive my
November absentee ballot four to six weeks before the election, but I cannot be positive of that
timing.
4.

I intend to vote by mail in the November 2020 general election because of my

concerns of exposure to and potential contraction of COVID-19. I know that as a woman of 81
years-of-age, I am at higher risk of developing severe complications should I contract COVID19.
5.

I want to submit my absentee ballot as early as possible in order to avoid any

potential issues with my ballot being received on time. However, there is an extremely
important race for District Attorney in my Parish. There are currently four candidates of which I
am aware who are running for District Attorney. Right now, I only feel properly informed about
one of the candidates, as there is insufficient information available for all four candidates. It is
my understanding that in the coming weeks, each of the candidates’ positions, stances, goals, and
other information will be revealed in greater detail as the race progresses. Given the broad array

of candidates, their potential stances, and the importance of this race, I wish to wait until I can
properly understand each candidate before I vote.
6.

In Louisiana, a completed ballot must be received by November 2, the day before

Election Day, in order to be counted. Because I intend to mail my ballot close to election day, I
fear that the delays caused by the United States Postal Service will cause my ballot to not arrive
on time and therefore not be counted.

I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 3, 2020, in New Orleans, Louisiana.

/s/ Katheryn Montgomery
Kathryn Montgomery