Middleton et al v. Andino et al

Filing 58

STIPULATION of Dismissal Without Prejudice on Prepaid Postal Claims by DCCC, DNC Services Corporation/Democratic National Committee, Carlyle Dixon, Kylon Middleton, Ernestine Moore, South Carolina Democratic Party. (Bryant, Christopher)

3:20-cv-01730-JMC

Date Filed 07/08/20

Entry Number 58

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UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
KYLON MIDDLETON; DEON TEDDER;
AMOS WELLS; CARLYLE DIXON;
TONYA WINBUSH; ERNESTINE MOORE;
SOUTH CAROLINA DEMOCRATIC
PARTY; DNC SERVICES
CORPORATION/DEMOCRATIC
NATIONAL COMMITTEE; and DCCC,

Case No. 3:20-cv-1730-JMC

Plaintiffs,
v.
MARCI ANDINO, in her official capacity as
Executive Director of the South Carolina State
Election Commission; JOHN WELLS, in his
official capacity as Chair of the South Carolina
State Election Commission; and CLIFFORD J.
EDLER and SCOTT MOSELEY, in their
official capacities as members of the South
Carolina State Election Commission,
Defendants.

JOINT STIPULATION RESOLVING PREPAID POSTAGE CLAIMS
COME NOW Kylon Middleton, Deon Tedder, Carlyle Dixon, Tonya Winbush, Ernestine
Moore, the South Carolina Democratic Party, DNC Services Corporation/Democratic National
Committee, and the DCCC (collectively, “Plaintiffs”); and Marci Andino, John Wells, Clifford J.
Elder, and Scott Moseley (collectively, “SEC Defendants”) in the above-referenced litigation and
hereby stipulate that Count III and the portions of Count II and IV of the Complaint related to
postage be dismissed without prejudice and resolved as follows:
(1)

Plaintiffs’ Complaint alleges, among other things, that the State’s requirement that

voters pay for postage to return their absentee ballots by mail violates (i) the First and Fourteenth

3:20-cv-01730-JMC

Date Filed 07/08/20

Entry Number 58

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Amendments to the United States Constitution by unduly burdening the right to vote (Count II),
(ii) the Twenty-Fourth Amendment by imposing a poll tax (Count III), and (iii) Section 2 of the
Voting Rights Act by denying or abridging African Americans’ right to vote (Count IV) (the
“Postage Claims”). SEC Defendants deny Plaintiffs’ allegations.
(2)

SEC Defendants, in their capacity as officers and members of the State Election

Commission, represent that the Commission intends to provide prepaid postage on all mail
absentee ballot return envelopes for the November 2020 General Election, regardless of the
number of voters deemed qualified to vote by absentee ballot by either the General Assembly or
this Court.
(3)

Plaintiffs and SEC Defendants agree that SEC Defendants’ representation that

postage will be prepaid for absentee ballots for the November 2020 general election makes further
litigation, or Court resolution, of the Postage Claims unnecessary. Within ten (10) days of the filing
of this Joint Stipulation, Plaintiffs will file a motion to amend and amended complaint to remove
all claims and allegations relating to prepaid postage from the Complaint, and to that extent, SEC
Defendants consent to such motion to amend.
(4)

The parties agree that they shall bear their own attorney fees and costs related to

the Postage Claims only, and no party shall be considered to be a prevailing party on the Postage
Claims for the purpose of any law, statute or regulation providing for the award or recovery of
attorney fees and/or costs.

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3:20-cv-01730-JMC

Date Filed 07/08/20

Entry Number 58

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Date: July 8, 2020

Respectfully submitted,

/s/ Christopher J. Bryant

/s/ Wm. Grayson Lambert

Marc E. Elias*
Bruce V. Spiva*
K’Shaani O. Smith*
Christopher J. Bryant, Federal ID 12538
PERKINS COIE LLP
700 Thirteenth St., N.W., Suite 600
Washington, D.C. 20005-3960
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

M. Elizabeth Crum
Wm. Grayson Lambert, Federal ID 11761
BURR & FORMAN LLP
Post Office Box 11390
Columbia, SC 29211
[phone]

Sopen B. Shah*
PERKINS COIE LLP
33 East Main Street, Suite 201
Madison, Wisconsin 53703-3095
Telephone: [phone]
Facsimile: [phone]
[e-mail]
*Admitted Pro Hac Vice

Robert Bolchoz
ROBERT BOLCHOZ LLC
P.O. Box 6989
Columbia, SC 29260
[phone]
Karl Smith Bowers, Jr.
BOWERS LAW OFFICE
P.O. Box 50549
Columbia, SC 29250
[phone]
Harrison D. Brant
STATE ELECTION COMMISSION
1122 Lady Street, Suite 500
Columbia, SC 29201
[phone]

Counsel for Plaintiffs
Counsel for Defendants
Marci Andino, John Wells, Clifford J.
Elder, and Scott Moseley

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