McCain-Palin 2008, Inc. v. Cunningham et al

Filing 63

NOTICE by Jean Cunningham, Harold Pyon, Nancy Rodrigues Supplementing Earlier Notice, with Amended Vote Totals (Attachments: # 1 Exhibit 1, Certified Election Results, # 2 Exhibit 2, Amended Election Results)(Dybing, Robert)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA Richmond Division UNITED STATES OF AMERICA, Plaintiff, v. JEAN CUNNINGHAM, et al., Defendants. SUPPLEMENTAL NOTICE OF RE-CERTIFICATION OF ELECTION RESULTS The Plaintiff-Intervenor, United States of America, and the Defendants, Jean Cunningham, Nancy Rodrigues, and Harold Pyon, being the members of the Virginia State Board of Elections, sued in their official capacity, the Virginia State Board of Elections, and the Commonwealth of Virginia, hereby jointly notify the Court that on November 23, 2009, the State Board of Elections re-certified the election results of the November 2008 general election after counting all ballots included in this Court's October 15, 2009 Final Order. Exhibits 1 and 2, attached hereto, contain the re-certified election results, along with the amended vote tallies. JEAN CUNNINGHAM, et al. By __/s/____________________ Counsel Case No. 3:08cv709

Robert A. Dybing, VSB No. 32712 John A. Gibney, Jr., VSB No. 15754 ThompsonMcMullan, P.C. 100 Shockoe Slip, Third Floor Richmond, Virginia 23219 Telephone: [phone] Fax: [phone] Email: [e-mail]

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Counsel for Jean Cunningham, Nancy Rodrigues, and Harold Pyon, being the members of the Virginia State Board of Elections sued in their official capacity; Virginia State Board of Elections; and the Commonwealth of Virginia, Defendants Agreed to: THOMAS E. PEREZ ASSISTANT ATTORNEY GENERAL NEIL H. MACBRIDE UNITED STATES ATTORNEY /s/ Robin E. Perrin Virginia State Bar No. 65825 Assistant United States Attorney United States Attorney's Office 600 East Main Street, Suite 1800 Richmond, Virginia 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

CHRISTOPHER COATES REBECCA J. WERTZ RICHARD DELLHEIM (admitted pro hac vice) LEMA BASHIR United States Department of Justice Civil Rights Division, Voting Section 950 Pennsylvania Ave., NW Room NWB-7254 Washington, D.C. 20530 Phone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] [e-mail]

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CERTIFICATE OF SERVICE I certify that on November 25, 2009, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to: Christopher Coates, Chief Rebecca J . Wertz, Deputy Chief Richard Dellheim Lema Bashir Trial Attorneys United States Department of Justice Civil Rights Division, Voting Section 950 Pennsylvania Avenue NW Room NWB-7254 Washington, D.C. 20530 Counsel for Intervenor United States of America

By:

/s/ Robert A. Dybing, VSB No. 32712 John A. Gibney, Jr., VSB No. 15754 Counsel for Defendants ThompsonMcMullan, P.C. 100 Shockoe Slip, Third Floor Richmond, Virginia 23219 [phone] Fax: [phone] [e-mail] [e-mail]

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