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 21

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.

NY: 1257570-1

DECLARATION OF INDERBIR SINGH DATTA
I, InderBir Singh Datta, 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 a resident of Beaverton, Oregon. I am a registered voter of Oregon. I am a

former resident and former registered voter in California. Voting by mail is important. It gives
me the time to really think about each candidate and issue. I feel like I have appropriate privacy
and less pressure to do so.
3.

As a registered voter in Oregon, a mail-in ballot for the November election is

mailed to me automatically without need for me to request it. I have not yet received my mail-in
ballot. I do not know when it will arrive.
4.

I intend to mail my ballot close to election day—specifically, I will not mail in my

ballot until October 27 or 28 at the earliest. Due to the ever evolving nature of local, state, and
national elections, such as candidate information and ballot initiatives, I want to ensure I have as
much information as possible before casting my vote for any particular person or issue. As one
example, I am concerned about potential taxation-related local measures, but need more time in
order to better understand the nature and impact of different proposals. As another example, I
am extremely concerned about climate change issues. I need time to review each candidates and
every measures views and effects on climate change. There are numerous other issues with
which I am concerned, but wish to ensure I take my time to inform myself and make a final
decision.
5.

I am concerned about the mail-in voting system. Having followed recent

Congressional hearings regarding changes at the United States Postal Service (“USPS”), and
given the mixed and confusing messages emanating from governmental officials regarding the
trustworthiness of official federal and state mail sent through the USPS system, I am worried that
my constitutional right to vote may be impeded because of those policy changes. Further, I have