Judge Wants An Amended Complaint in Re CES Response W Exhibits To Def MTD USDC NYND 16-cv-1496 - 4-19-2017

Case l:16-cv-01496-BKS-DJS Document 39 Filed 05/19/17 Page 1 of 2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK
JUDGMENT IN A C I V I L CASE
CHRISTOPHER E A R L STRUNK
Plaintiff
vs. C A S E N U M B E R : 1:2016-CV-01496
THE STATE OF CALIFORNIA, E T A L
Defendants
Decision by Court. This action came to trial or hearing before the Court. The issues have been
tried or heard and a decision has been rendered.
IT IS ORDERED A N D ADJUDGED
that Defendants' motions to dismiss (Dkt. Nos. 23, 25, 26, 29) are GRANTED and the
Complaint is DISMISSED without prejudice.
A l l of the above pursuant to the order o f the Honorable Judge BRENDA K. SANNES, dated the
19 day of May, 2017.
DATED: May 19, 2017

Federal Rules of Appellate Procedure

Rule 4. Appeal as of Right
(a) Appeal in a Civil Case.
1.(1) Time for Filing a Notice of Appeal. of appealin compliance with Rule 3(c)within the time prescribed
(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and by this Rule measured from the entry of the order disposing of the last
4(c), the notice of appeal required by Rule 3 must be filed with the such remaining motion.
district clerk within 30 days after entry of the judgment or order (5) Motion for Extension of Time.
appealed from.
(A) The district court may extend the time to file a notice of appeal
(B) The notice of appeal may be filed by any party within 60 days after if:
entry of the judgment or order appealed from if one of the parties is:
(i) a party so moves no later than 30 days after the time prescribed by
(1) the United States; this Rule 4(a) expires; and
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or (ii) regardless of whether its motion is fded before or during the 30
(iv) a current or former United States officer or employee sued in an days after the time prescribed by this Rule 4(a) expires, that party
individual capacity for an act or omission occurring in connection with shows excusable neglect or good cause.
duties performed on the United States' behalf including all instances (B) A motion filett before the expiration of the time prescribed in
in which the United States represents That person when the judgment Rule 4(a)(1) or (3) may be ex parte unless the court requires
or order is entered or files the appeal for that person. otherwise. I f the motion is filed after the expiration of the prescribed
(C) An appeal from an order granting or denying an application for a time, notice must be given to the other parties in accordance with
writ of error coram nobis is an appeal in a civil case for purposes of local rules.
Rule 4(a). (C) No extension under this Rule 4(a)(5) may exceed 30 days after
(2) Filing Before Entry ofJudgment. A notice of appeal filed after the the prescribed time or 14 days after the date when the order granting
court announces a decision or orderbut before the entry of the the motion is entered, whichever is later.
judgment or orderis treated as filed on the date of and after the entry. (6) Reopening the Time to File an Appeal. The district court may
(3) Multiple Appeals. If one party timely files a notice of appeal, any reopen the time to file an appeal for a period of 14 days after the date
other party may file a notice of appeal within 14 days after the date when its order to reopen is entered, but only if all the following
when the first notice was filed, or within the time otherwise prescribed conditions are satisfied:
by this Rule 4(a), whichever period ends later. (A) the court finds that the moving party did not receive notice under
(4) Effect of a Motion on a Notice of Appeal. Federal Rule of Civil Procedure 77 (d) of the entry of the judgment
or order sought to be appealed within 21 days after entry;
(A) I f a party timely files in the district court any of the following
motions under the Federal Rules of Civil Procedure, the time to file an (B) the motion is filed within 180 days after the judgment or order is
appeal runs for all parties from the entry of the order disposing of the entered or within 14 days after the moving party receives notice under
last such remaining motion: Federal Rule of Civil Procedure 77 (d) of the entry, whichever is
earlier; and
(i) for judgment under Rule 50(b);
(C) the court finds that no party would be prejudiced.
(ii) to amend or make additional factual findings under Rule 52(b),
whether or not granting the motion would alter the judgment; (7) Entry Defined.
(iii) for attorney's fees under Rule 54 if the district court extends the (A) A judgment or order is entered for purposes of this Rule 4(a):
time to appeal under Rule 58; (i) i f Federal Rule of Civil Procedure 58 (a) does not require a
(iv) to alter or amend the judgment under Rule 59; separate document, when the judgment or order is entered in the civil
docket under Federal Rule of Civil Procedure 79 (a); or
(v) for a new trial under Rule 59; or
(ii) i f Federal Rule of Civil Procedure 58 (a) requires a separate
(vi) for relief under Rule 60 i f the motion is filed no later than 28 days document, when the judgment or order is entered in the civil docket
after the judgment is entered. under Federal Rule of Civil Procedure 79(a) and when the earlier of
(B) (i) If a party files a notice of appeal after the court announces or these events occurs:
enters a judgmentbut before it disposes of any motion listed in Rule * the judgment or order is set forth on a separate document, or
4(a)(4)(A)the notice becomes effective to appeal a judgment or
order, in whole or in part, when the order disposing of the last such * 150 days have run from entry of the judgment or order in the civil
remaining motion is entered. docket under Federal Rule of Civil Procedure 79 (a).
(ii) A party intending to challenge an order disposing of any motion (B) A failure to set forth a judgment or order on a separate document
listed in Rule 4(a)(4)(A), or a judgment's alteration or amendment when required by Federal Rule of Civil Procedure 58 (a) does not
upon such a motion, must file a notice of appeal, or an amended notice affect the validity of an appeal from that judgment or order.

NORTHERN DISTRICT OF NEW Y O R K
CHRISTOPHER E A R L STRUNK,
Plaintiff,
v. 1:16-CV-1496 (BKS/DJS)
T H E S T A T E O F C A L I F O R N I A with Edmund Gerald

" J E R R Y " B R O W N J r . , Individually and as Governor;
and Alejandro " A L E X " P A D I L L A , Individually and as
Secretary of State (SOS); T H E S T A T E O F N E W Y O R K
with A N D R E W M . C U O M O , Individually and as
Governor; T H E S T A T E O F N E W Y O R K B O A R D O F
E L E C T I O N S with Republican Peter S. Kosinski / Co-
Chair, Democrat Douglas A. Kellner / Co-Chair,
Republican Andrew J . Spano / Commissioner and
Democrat Gregory P. Peterson / Commissioner; T H E
C I T Y O F N E W Y O R K (NYC); Warren " B I L L D E
B L A S I O " Wilhelm J r . , Individually and as the Mayor of
N Y C ; T H E N Y C B O A R D O F E L E C T I O N S with
Commissioners of Elections: Maria R. Guastella President,
Frederic M. Umane Secretary, Jose Miguel Araujo, John
Flateau, Ph.D., Lisa Grey, Michael Michel, Michael A.
Rendino, Alan Schulkin, Simon Shamoun, Rosanna
Vargas, Commissioners; N A T I O N A L A R C H I V E S AND
RECORDS ADMINISTRATION; PRESIDENT O F T H E
UNITED STATES SENATE; UNITED STATES
DEPARTMENT OF C O M M E R C E BUREAU OF T H E
CENSUS,
Defendants.
Appearances:
Christopher Earl Strunk

Lake Luzerne, N Y 12846
Plaintiff Pro Se
Xavier Becerra
Attorney General o f California
Tamar Pachter
Supervising Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
For Defendants The State of California, Governor Edmund G. Brown Jr., and Secretary of State
Alex Padilla
Daniel W.Coffey
Bowitch & Coffey L L C
17 Elk St.
Albany, N Y 12207
For Defendants The City of New York, Warren "Bill de Blasio " Wilhelm Jr., NYC Board of
Elections, Maria R. Guastella, Frederic M. Umane, Jose Miguel Araujo. John Flateau, Lisa
Grey, Michael Michel, Michael A. Rendino, Alan Schulkin, Simon Shamoun, and Rosanna
Vargas
Richard S. Hartunian
United States Attorney
John D. Hoggan, Jr.
Assistant United States Attorney
445 Broadway
Albany, N Y 12201
For Defendants The National Archives and Records Administration, President of the United
States Senate, and the United States Department of Commerce Bureau of the Census
Eric T. Schneiderman
Attorney General o f the State of New York
Joshua E. JVlcMahon
Assistant Attorney General
The Capitol
Albany, N Y 12224
For Defendants The State of New York, Andrew M. Cuomo, The State of New York Board of
Elections, Peter S. Kosinski, Douglas A. Kellner, Andrew J. Spano and Gregory P. Peterson
2
Hon. Brenda K . Sannes, United States District Judge:
M E M O R A N D U M - D E C I S I O N AND O R D E R
I. INTRODUCTION
Plaintiff Christopher Earl Strunk, proceeding pro se, 1 filed a Complaint under 42 U.S.C.
1983-86 and various other statutes seeking injunctive relief and alleging, inter alia, that
certain legislation in the States of New York and California enabled illegal aliens to vote in the
2016 presidential election and consequently "dilute[d] and disproportionately diminishe[d]
Plaintiffs vote property in the New York electoral college." (Dkt. No. 1). In addition to an order
restraining California and New York from delivering their "Elector Tall[ies]" to be counted in
the 2016 presidential election, Plaintiff seeks an order reducing "US House representation to (1)
House member each for California and New York . . . until the 2020 decennial census allotment
for the . . . reapportionment o f house districts without illegal aliens." (Id.). The Complaint
2
1Plaintiff is an experienced pro se litigant; he has initiated and participated in numerous lawsuits in the Northern,
Southern, and Eastern Districts of New York, Fitzgerald v. Berman, 1:02-CV-00926 (N.D.N.Y. filed July 16, 2002);
Loeberv. Spargo, 1:04-CV-01193 (N.D.N .Y. filed Oct. 15, 2004); Forjorne v. State of California, 1:06-CV-01002
(N.D.N.Y. filed Aug. 17, 2006); Strunk v. U.S. Dept. of Housing, 1:99-CV-06840 (E.D.N.Y. filed October 20,
1999); Strunk v. CIA, 1:08-CV-l 196 (E.D.NY. filed March 20, 2008); Strunk v. NYS Board of Elections, 1:08-cv-
04289 (E.D.N.Y. filed October 30, 2008); Strunk v. United States Postal Service, 1:08-CV-01744 (E.D.N.Y. filed
April 18, 2008); Strunk v. United States House of Representatives, 1:00-CV-07177 (E.D.N.Y. Dec. 1, 2000);
Thomas v. Federal Reserve Bank of New York, 1:07-cv-01171 (E.D.N.Y. filed Mar. 20, 2007); Haase v. Silver, 1:03-
CV-01320 (S.D.N.Y. filed Feb. 18, 2004); Strunk v. Mills, 1:04-CV-4881 (S.D.N.Y. filed June 22, 2004); Strunk v.
Druskin, 1:15-CV-06817 (S.D.N.Y. filed Aug. 27, 2015), as well as in the District of Columbia, Strunk v. Obama,
1:10-CV-00486(D.D.C. filed Mar. 24, 2010); Strunk v. U.S. Dept. of State, 1:14-CV-00995 (D.D.C. fded June 10,
2014); Strunk v. United States Dept. of State, l:08-CV-2234 (D.D.C. filed Dec. 29, 2008); Strunk v. New York
Province of the Society of Jesus, 1:09-CV-01249 (D.D.C. filed July 7, 2009); Strunk v. United States Dept. of
Commerce, 1:09-CV-01295 (D.D.C. filed July 13, 2009); Strunk v. United States Dept. of Interior, 1:10-CV-00066
(D.D.C. filed Jan. 14,2010).
2 In Wisconsin v. City of New York, the Supreme Court explained:
The Constitution requires an "actual Enumeration" of the population every 10 years and vests
Congress with the authority to conduct that census "in such Manner as they shall by Law direct."
Art. I , 2, cl. 3. Through the Census Act, 13 U.S.C. 1 et seq.. Congress has delegated to the
Secretary of the Department of Commerce the responsibility to take "a decennial census of [the]
population in such form and content as he may determine.'* 141(a)....
The Constitution provides that the results of the census shall be used to apportion the Members of
the House of Representatives among the States. See Art. I , 2, cl. 3 ("Representatives shall be
3
asserts seven causes o f action, including denial of substantive due process and equal protection
and conspiracy to deny equal protection, in violation of the Fourteenth Amendment;
infringement of speech and association rights, in violation of the First Amendment;
"disproportionate dilution o f House Representation" and "vote property using illegal aliens for
partisan unjust enrichment;" and "insurrection using illegal aliens against the United States." (Id.
at pp. 25-32). Plaintiff names as Defendants: the State of California, "Jerry" Brown, the
Governor o f California, and Alex Padilla, the California Secretary of State (the "California
Defendants"); the State o f New York, Andrew Cuomo, the Governor of New York, and the State
of New York Board o f Elections and its Commissioners (the "New York Defendants"); the City
of New York, and B i l l DeBlasio, the Mayor of New York City, the New York City Board o f
Elections and its Commissioners (the "NYC Defendants"); and the National Archives and
Records Administration, the President of the United States Senate, and the United States
Department of Commerce Bureau o f the Census (the "Federal Defendants"). (Dkt. No. 1).
Plaintiff requests that a three-judge panel be convened under 28 U.S.C. 2284 to adjudicate this
case. (Id.). Presently before the Court are the parties' letter briefs concerning whether a three-
judge panel is required under 2284 (Dkt. Nos. 32, 33, 34, 35), as well as Defendants' motions
to dismiss under Federal Rules of Civil Procedure 12(b)(1) (lack of subject matter jurisdiction),
12(b)(2) (lack of personal jurisdiction), and 12(b)(6) (failure to state a claim). (Dkt. Nos. 23, 25,
apportioned among the several States according to their respective Numbers."); Amdt. 14, 2
("Representatives shall be apportioned among the several States according to their respective
numbers, counting the whole number of persons in each State. "). Because the Constitution
provides that the number of Representatives apportioned to each State determines in part the
allocation to each State of votes for the election of the President, the decennial census also affects
the allocation of members of the electoral college. See Art. I I , 1, cl. 2 ("Each State shall appoint
a Number of Electors, equal to the whole Number of Senators and Representatives to which the
State may be entitled in the Congress.").
Wisconsin v. City o/N. Y., 517 U.S. 1, 5-6 (1996) (internal ellipses omitted).
4
26, 29). Plaintiff opposes the motions to dismiss. (Dkt. No. 25). For the reasons that follow
Defendants' motions to dismiss are granted and the Complaint is dismissed.
II. COMPLAINT
A. Allegations
Though disjointed and incomprehensible at points, the pro se Complaint, construed
liberally, contains the following allegations: Plaintiff is a "person domiciled and registered to
vote in the State of New York." (Dkt. No. 1.1(1). The "1965 Immigration and Nationality Laws"
were enacted to protected United States citizens "against economic injury brought by
overwhelming invasion o f aliens into the USA." (Id. at \. "De facto public officers,"
however, failed to enforce those laws. (Id.). The Complaint further alleges that unlike the 1990
decennial census, the 2000 and 2010 decennial censuses "did not ask i f a person is a US
Citizen." (Af. at 39-40).
According to the Complaint, California and New York, which are "among a minority of
other outlaw States," (id. at H 41), and have two o f the "largest unauthorized immigrant
populations" in the country, (id. at If 42), are "sanctuary States for illegal aliens that have their
domicile in a foreign state." (Id. at ^ 41). "[T]ogether the outlaw States have a substantial
majority vote for the Democrat [sic] Party . . . because Congress has illegally granted additional
U.S. House representation as i f illegal aliens had a domicile within the USA." (Id.).
The Complaint identifies the slates of electors for various political parties in California
and New York, (id. at fl 26-32, 33-38), and alleges, among other things, that the California
"Republican Party Elector Slate for Trump-Pence is not the same as that o f the [American
Independent Party]" and does not "meet the requirements of the California Election Code." (Id.
5
at 28-29). The Complaint contains similar allegations under the New York Election Code
concerning the slates o f electors in New York. (Id, at fl 34-38).
The Complaint alleges that in 2013, "California started issuing State Identification to
illegal aliens," and in 2015, enacted legislation, "Assembly Bill 1461," which enabled illegal
aliens to vote in the 2016 presidential election cycle, in violation of "Federal Election Laws,
especially related to 8 U.S.C. 1324." (Id, at fl 44^15). Plaintiff alleges that by allowing illegal
aliens to vote in the 2016 elections, the California Defendants have "abridge[d] the legal right of
every legal American citizen living in California to enjoy the full weight and power o f their
vote." (Id. at ^ 46). Consequently, Plaintiff asserts, the California 2016 presidential election
results are "disqualified" and "electors cannot be legally or ethically counted in the 2016
election." (Id. at \.
According to the Complaint in 2014, the N Y C Defendants "started issuing N Y C
Identification to illegal aliens." (Id. at \. The Complaint also describes various aspects o f the
New York State Election Law, asserting, for instance, that " i t is illegal to challenge a person
attempting to vote once he/she has registered to vote except by affidavit ballot and or provisional
ballot under the Help America Vote Act" ( " H A V A " ) , 42 U.S.C. 15301 et seq. (Id. at If 52). The
Complaint alleges that, in violation of New York Election Law and H A V A , which require "any
personal registration to vote be based only upon his/her honor at a domicile without any other
Public Officer verification may thereafter vote without challenge at the polling place," N Y C
Mayor DiBlasio "publicly advertised that any person with a N Y C Identification intending to vote
at the General Election may obtain a State of New York Identification." (Id. at If 55). 3
3 The paragraphs that follow this allegation appear to address how a minority political party gains party status in the
states of New York and Georgia, and allege that the "Republican-Democrat Party bi-partisan power sharing
conspiracy" harms "New York ballot access." (Dkt. No. 1, 56-58). It is not clear how this allegation relates to the
claims Plaintiff asserts in this case.
6
The Complaint also purports to provide statistics concerning presidential voting patterns
in New York from 2000 to 2012, which generally indicate that "Democratic" candidates received
a higher percentage o f votes than Republican candidates, and "an analysis o f New York's voting
record in presidential elections from 1900 to 2016." (Id. at 59-60). Additionally, it recounts
"voting trends" from the 2016 presidential election, and the Republicans' nationwide "major
victories at the federal level on November 8, 2016, winning the presidency and maintaining
control of both the U.S. House and U.S. Senate." (Id. at 59-65). Finally, it refers to a lawsuit
pending in New York State Supreme Court, concerning the "NYC Identification Program . . .
inter alia for non-citizens," and a lawsuit pending in the United States District Court for the
Northern District o f California, which, according to Plaintiff, arises from "the California law that
tells presidential electors to vote in the electoral college for the nominee o f their party." (Id. at
66-67).
B. Causes of Action
The First Cause o f Action alleges that the California and New York Defendants denied
Plaintiff substantive due process in connection with the "public administration and enforcement"
of their respective election codes and "dilute[d] and disproportionately diminish[ed] individual
vote property and expectation o f a fair ballot at the" November 8, 2016 presidential election.
(Dkt. No. 1, H 73). Plaintiff seeks to preclude "any person from holding any public office of
profit or trust." (Id. at K 74).
In the Second Cause o f action, Plaintiff alleges that Defendants denied him equal
protection o f the law by failing "to have a uniform joint resolution for each elector slate done
before the 8 November 2016 General Election with proper notice to the voters." (Dkt. No. 1, %
77).
7
In the Third Cause o f Action, Plaintiff alleges that Defendants conspired to deny equal
protection by allowing and facilitating "aliens illegally voting at the citizen's polling precincts
for the purpose o f depriving, either directly or indirectly, any citizen person or citizen class and
or citizen persons o f the equal protection of the laws." (Dkt. No. 1, U 80). As a remedy, Plaintiff
seeks the proportionate reduction of the "House members to be elected at large until the 2020
decennial census allotment for the respective state's reapportionment of house districts." (Id. at |
81).
In the Fourth Cause o f Action, Plaintiff alleges that Defendants aided and abetted "the
invasion of illegal aliens by provision and theft of public funds in the enticement for the invasion
of illegal aliens to suppress citizen Plaintiffs speech and association among those similarly
situated," in violation o f the First Amendment (Dkt. No. 1, ^ 85).
In the Fifth Cause o f Action, Plaintiff alleges "disproportionate dilution of House
representation using illegal aliens for partisan unjust enrichment," and that as a result of
Defendants' actions, his "vote property" in the Electoral College has been diluted and
disproportionately diminished, in violation of 8 U.S.C. 1324, 2 U.S.C. 2a(c)(4), and 18
U.S.C. 611. (Dkt. No. 1, fl 87-94).
In the Sixth Cause o f Action, Plaintiff alleges that Defendants "dilutefd] and
disproportionately diminished] vote property using aliens." (Dkt. No. 1,1) 96). Plaintiff asserts
that the remedy "is to order a special master to compare all Defendants' records to ascertain the
scope o f illegal aliens both illegally resident in any or every state o f the several states and who
have participated in elections." (Id. at K 98). Plaintiff further seeks sanctions and requests a
"cutoff [of] Federal funds to each and every state of the several states [sic] malicious act." (Id. at
199).
8
In the Seventh Cause o f Action, Plaintiff alleges that Defendants "engaged in insurrection
using illegal aliens against the United States." (Dkt. No. 1, | 102). Plaintiff seeks an order
reducing "US House representation to (1) House member each for California and New York
respectively and thereafter, to be elected at large until the 2020 decennial census allotment for
the respective state's reapportionment of house districts without illegal aliens." (Id. at | 103).
As a remedy for the alleged violations, Plaintiff seeks to enjoin: (1) the "National
Archives and Records Administration (NARA) Archivist" from delivering the "Elector Tally o f
either California or New York to the US House as substantially complete;" (2) the "President o f
the United States Senate" from delivering the "Elector Tally of either California or New York to
the US Senate as substantially complete;" (3) New York and California from delivering their
"Elector Tall[ies]" to the " N A R A Archivist and or President o f the US Senate;" (4) and
Defendants "from destroying or alternating any record of the 2016 Election Cycle back until the
2012 Election Cycle." (Dkt. No. 1, p. 33). Plaintiff also seeks an order directing: (1) the United
States Attorney and the Attorneys General o f California and New York to "assist the court in
comparison of the Voter rolls and Motor Vehicle records of the respective state[s] . . . for
comparison with Federal Immigration records, National Voter Registration database, Motor
Vehicle database and County voter registrar records;" and (2) the "US Bureau o f the Census
Director . . . to deliver an accurate certified record of all non-citizens and or illegal aliens
enumerated in every state . . . since the 2000 census . . . ." (Id. at p. 34). Plaintiff previously
moved for a temporary restraining order awarding this relief pending trial. (Dkt. No. 8, pp. 6-7).
The Court denied Plaintiffs motion in a Memorandum-Decision and Order entered on February
22, 2017, and directed the parties to brief the issue of whether a three-judge panel is required in
this case under 28 U.S.C. 2284. (Dkt. No. 24).
9
III. DISCUSSION
A. Three-Judge Panel - 28 U.S.C. 2284(a)
Section 2284 provides, in relevant part: " A district court of three judges shall be
convened . . . when an action is filed challenging the constitutionality of the apportionment o f
congressional districts or the apportionment of any statewide legislative body." 28 U.S.C,
2284(a). It further provides: "Upon the filing of a request for three judges, the judge to whom the
request is presented shall, unless he determines that three judges are not required, immediately
notify the chief judge o f the circuit, who shall designate two other judges, at least one of whom
shall be a circuit judge." Id. at 2284(b)(1).
"[T]he three-judge requirement in 22 U.S.C. 2284 is jurisdictional." Kalson v.
Paterson, 542 F.3d 281, 287 (2d Cir. 2008). The Supreme Court has instructed that:
The subsequent provision o f 2284(b)(1), that the district judge shall commence
the process for appointment o f a three-judge panel 'unless he determines that
three judges are not required,' need not and therefore should not be read as a grant
o f discretion to the district judge to ignore 2284(a). It is not even framed as a
proviso, or an exception from that provision, but rather as an administrative detail
that is entirely compatible with 2284(a).
Shapiro v. McManus, 136 S. Ct. 450, 454 (2015). Thus, in reviewing a request for three judges,
the court need only "determine . . . whether the request for three judges is made in a case covered
by 2284(a)no more, no less." Id. at 455 (internal quotation marks and alteration omitted).
However, "[ajbsent a substantial federal question, even a single-judge district court lacks
jurisdiction, and *[a] three-judge court is not required where the district court itself lacks
jurisdiction of the complaint or the complaint is not justiciable in the federal courts/" Id.
(quoting Gonzalez v. Automatic Emps. Credit Union, 419 U.S. 90, 100 (1974)). The Supreme
Court has described this standard as a "low bar." Id. at 456. The Court has "long distinguished
between failing to raise a substantial federal question for jurisdictional purposes . . . and failing
10
to state a claim for relief on the merits; only 'wholly insubstantial and frivolous' claims implicate
the former." Id. at 455 (quoting Bell v. Hood, 327 U.S. 678, 682-83 (1946)). The Court has
equated "constitutional insubstantiality . . . with such concepts as 'essentially fictitious,' 'wholly
insubstantial,' 'obviously frivolous,' and 'obviously without merit.'" Id. (quoting Goosby v.
Osser, 409 U.S. 512, 518 (1973)).
In the Complaint, Plaintiff asserts that a three-judge panel is required because this action
challenges "the constitutionality of the apportionment of California and New York congressional
districts associated with the 2016 State's [President of the United States/Vice President of the
United States] Electoral College under the 14th Amendment; and 28 U.S.C. 1343." (Dkt. No.
1, p. 3). Plaintiff further asserts that "Congress has illegally granted additional U.S. House
representation as i f illegal aliens had a domicile within the USA." (Id. at *[ 41). The Complaint
also contains a request to "proportionately reduce House members to be elected at large until the
2020 decennial census allotment for the respective state's reapportionment o f house districts." 4
(Id. at ^ 81; see ^ 103). In the Sixth Cause of Action, alleging that the Defendants misused
public funds to entice aliens to vote, Plaintiff asserts that the Defendants gerrymandered, creating
majority-minority districts that include more aliens and upstate districts that include fewer aliens.
(Id. at If 97).
The Defendants do not agree about whether this is an action "challenging the
constitutionality of the apportionment of congressional districts," within the meaning of 28
U.S.C. 2284(a). The Federal Defendants argue that it is not because "most o f Plaintiff s causes
of action rest on the allegation that California and New York issued identification cars [sic] to
'illegal aliens' which enable them to register and vote in the 2016 presidential election." (Dkt.
4This request for relief appears in connection not with Plaintiffs claims regarding apportionment but with his
allegation that Defendants conspired to allow noncitizens to vote in violation of the equal protection clause. (Dkt.
No. 1, U 81). Reading the Complaint liberally, however, the Court construes it as part of his reapportionment claim.
11
No. 34, p. 2). The City and State Defendants argue that "the case, on its face, presents a
challenge to the apportionment of congressional districting, and thus implicates Section 2284."
(Dkt. No. 32, p. 2). While the Complaint is, as the Federal Defendants argue, primarily focused
on alleged conduct that led to alleged voting by illegal aliens, there are a few scattered references
to apportionment and the inclusion of illegal aliens in the census. The Court notes that some
courts have expressed doubt as to whether a challenge to a census practice falls within 2284(a).
See, e.g., Federation for American Immigration Reform v. Klutznick, 486 F. Supp. 564, 577-78
(D.D.C. 1980) (three-judge court) (noting that a challenge to a census practice that produces the
data on which apportionment is based "does not directly" affect apportionment and "does not
seem" to fall within 2284); Adams v. Clinton, 26 F. Supp. 2d 156, 161 (D.D.C. 1998) (finding
that a three-judge court was required for an action challenging the existing allocation of
representatives and distinguishing actions challenging census practices that might affect
apportionment); Commonwealth of Massachusetts v. Mosbacher, 785 F. Supp. 230, 236-37 (D.
Mass. 1992) (noting serious doubts about whether Congress intended to require three-judge
courts for all census litigation). The Court, however, need not definitively resolve whether this
action falls within 2284(a) because even it if were applicable, the Complaint must be dismissed
for lack of jurisdiction.
B. Motion to Dismiss - Rule 12(b)(1)
Defendants argue that a three-judge panel is "not required" and this action must be
dismissed because Plaintiff lacks standing and the Complaint is moot. The Supreme Court has
"always recognized a single judge's power to dismiss a complaint for want o f general subject-
matter jurisdiction." Gonzalez v. Automatic Emp, Credit Union, 419 U.S. 90, 97 n.14 (1974); see
also 17A C. Wright & A . Miller, Federal Practice and Procedure 4235 (3d ed.) ("The single
12
judge can also dismiss i f the plaintiff lacks standing or the suit is otherwise not justiciable in the
district court."); Giles v. Ashcroft, 193 F. Supp. 2d 258, 262-64 (D.D.C. 2002) (explaining that
because "[a]n individual district court judge may consider threshold jurisdictional challenges
before convening a three-judge panel" and the plaintiff alleged only "general grievances," the
plaintiff failed to demonstrate standing and a three-judge court was "not warranted").
Accordingly, the Court first addresses Defendants' motions to dismiss for lack o f subject matter
jurisdiction.
1. Standard
"In resolving a motion to dismiss under Rule 12(b)(1), the district court must take all
uncontroverted facts in the c o m p l a i n t . . . as true, and draw all reasonable inferences in favor o f
the party asserting jurisdiction." Tandon v. Captain's Cove Marina of Bridgeport, Inc., 752 F.3d
239, 243 (2d Cir. 2014) (citing Amidax Trading Grp. v. S. W.I.F.T. SCRL, 671 F.3d 140, 145 (2d
Cir. 2011) (per curiam)). "Dismissal for lack of subject matter jurisdiction is proper when the
district court lacks the statutory or constitutional power to adjudicate a case." Sokolowski v.
Metro. Transp. Auth., 723 F.3d 187, 190 (2d Cir. 2013). In resolving a motion to dismiss for lack
of subject matter jurisdiction, the Court may consider competent evidence outside the pleadings,
such as affidavits and exhibits. Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000)
(internal quotation marks and citation omitted). Once subject matter jurisdiction is challenged,
the plaintiff "has the burden o f proving by a preponderance o f the evidence that jurisdiction
exists." Giammatteo v. Newton, 452 F. App'x 24, 27 (2d Cir. 2011) (citing Makarova, 201 F.3d
at 113).
13
2. Standing
The New York, N Y C , and Federal Defendants move to dismiss the Complaint on the
ground that Plaintiff lacks standing. (Dkt. No. 23-1, p. 14; 26-1, p. 6; 29-1, p. 7). "Because
standing is jurisdictional under Article TIT of the United States Constitution, it is a threshold issue
in all cases." Shearson Lehman Button, Inc. v. Wagoner, 944 F.2d 114, 117 (2d Cir. 1991)
(citing Valley Forge Christian College v. Americans United for Separation of Church and State,
Inc., 454 U.S. 464, 471-76 (1982)). "The judicial power of the United States, and thus the
jurisdiction of federal courts, is limited by Article III o f the Constitution to "Cases and
Controversies." Hedges v. Obama, 724 F.3d 170, 188 (2d Cir. 2013). " A n important component
of the Article I I I jurisdictional limit of federal courts to deciding 'cases' or 'controversies' is
standing." All. For Envtl. Renewal, Inc. v. Pyramid Crossgates Co., 436 F.3d 82, 85 (2d Cir.
2006).
"[T]he doctrine o f standing . . . requires every federal plaintiff to establish, 'for each
claim he seeks to press,' a personal injury that is fairly traceable to the defendant's conduct and
likely to be redressed by the requested relief." Ret. Bd. of the Policemen's Annuity & Benefit
Fund of the City of Chicago v. Bank of N. Y. Mellon, 175 F.3d 154, 159 (2d Cir. 2014) (quoting
DaimlerChrysler Corp. v. Cuno, 547 U.S. 332, 352 (2006)). To establish Article I I I standing, a
plaintiff must show "(1) an 'injury in fact,' (2) a 'sufficient causal connection between the injury
and the conduct complained of,' and (3) a 'likel[ihood]' that the injury ' w i l l be redressed by a
favorable decision.'" Knife Rights, Inc. v. Vance, 802 F.3d 377, 383 (2d Cir. 2015) (quoting
Susan B. Anthony List v. Driehaus, U . S . _ , 134 S.Ct. 2334, 2341 (2014)). To be sufficient,
an injury must be "an invasion o f a legally protected interest which is (a) concrete and
particularized . . . and (b) actual or imminent, not conjectural or hypothetical." Montesa v.
14
Schwartz, 836 F.3d 176, L95 (2d Cir. 2016) (internal mark omitted) (quoting Lujan v. Defenders
of Wildlife, 504 U.S. 555, 560 (1992)). A mere generalized grievance shared by the public at
large is insufficient to establish a justiciable case or controversy. Lujan, 504 U.S. at 573-74; see
Lexmark Int'l, Inc. v. Static Control Components, Inc., U.S. , 134 S.Ct. 1377, 1387 n.3
(2014).
The allegations in the Complaint fail to identify any concrete harm that Plaintiff has
suffered. The First, Third, Fifth, Sixth, and Seventh Causes of action stem from Plaintiffs claims
regarding Defendants' alleged "use [of] illegal alien voters at the 8 November 2016 General
Election," and inclusion o f illegal aliens in the decennial census.(Dkt. No. 1, pp. 2, 25). Plaintiff
claims that the "use" o f illegal aliens "at the . . . General Election" "dilute[d] and
disproportionately diminished] individual vote property and expectation o f a fair ballot" in
violation of his right to substantive due process under the Fourteenth Amendment. (Dkt. No. 1,
pp. 2, 25). According to the Complaint, because total population, including illegal aliens, as
determined by the most recent decennial census is used by New York and California to apportion
congressional districts, Plaintiff, as a resident of "upstate New York" where there are "nominal
non-citizens in comparison" to the New York City area, suffers from vote dilution. (Dkt. No. 1,
pp. 29-31). The Complaint further alleges that identification programs in New York City and
California contribute to the influx o f illegal aliens to downstate New York and California. (Id.).
This, Plaintiff asserts, further skews the population in those areas in favor of assigning greater
House representation and dilutes his vote. (Id.).
In similar caseswhere plaintiffs have claimed injury based on (1) their status as voters
and lawful residents and (2) the failure to exclude from the apportionment base illegal aliens or
non-citizens counted in the censuscourts have found standing lacking. In Federation for
15
American Immigration Reform v. Klutznick, the plaintiffs alleged that "the census method and
resulting apportionment is . . . unconstitutional in that illegal aliens should be separately counted
and excluded from the apportionment base." 486 F. Supp. 564, 569 (D.D.C. 1980). The plaintiffs
asserted standing based on their "status as voters and lawful residents," and alleged "that some
one or more of them w i l l likely suffer the loss o f at least one national or state representative, and
receive proportionately fewer federal benefits i f the census proceeds as planned than i f illegal
aliens were counted and then eliminated from the apportionment base." Id. The three-judge panel
found that the harm the plaintiffs alleged they would suffer and the extent to which a state would
"benefit by the relief requested" was "a matter o f speculation." Id. at 570. The court explained:
While the plaintiffs estimate that between one and sixteen congressional seats w i l l
be affected depending on the inclusion o f illegal aliens, they can do no more than
speculate as to which states might gain and which might lose representation . . . .
Depending on how many illegal aliens there are, where they live, how accurate
the census count is, and the interplay o f all the other population factors which
might affect apportionment, any number o f states might benefit by the relief
requested . . . . Therefore, none o f the plaintiffs are able to allege that the weight
of his or her vote in the next decade w i l l be affected by the expected method of
taking the census and apportioning congressional seats.
Id.
In Strunk v. United States Department of Commerce, one o f Plaintiff s prior cases,
Plaintiff alleged that the defendants were "counting in the 2010 census persons whom [he] labels
'tourists.' Tourists are neither citizens nor permanent residents of the United States, and
according to plaintiff, they should not be counted for the purpose of apportioning Congressional
representation." No. 09-1295, 2010 WL960428, at * 1 , 2010 U.S. Dist. LEXIS, at *2 (D.D.C.
Mar. 15, 2010). The court found that Plaintiff lacked standing, explaining:
The basis for his assertions that 'tourists' are to be counted in the 2010 Census is
unclear, and the potential impact of their inclusion is speculative at best. His
challenge to the 2010 Census raises an "abstract question[] o f wide public
significance," and thus he fails to allege an injury in fact, that is, "an invasion of a
16
legally protected interest which is (a) concrete and particularized, and (b) actual
or imminent, not conjectural or hypothetical."
2010 W L 960428, at *3, 2010 U.S. Dist. LEXIS, at *9-10 (quoting Warth v. Seldin, 422 U.S.
490, 500 (1975), Lujan, 504 U.S. at 560 (internal citation omitted)).
In Sharrow v. Brown, the Second Circuit found the plaintiff, who alleged that the Census
Bureau had failed to count and exclude disenfranchised voters from the apportionment base,
lacked standing. 447 F.2d 94 (2d Cir. 1971). The plaintiff, who also sought a three-judge panel,
contended that "the second sentence o f Section 2 o f the Fourteenth Amendment (hereinafter
designated for convenience, 14/2) requires the Census Bureau to compile statistics on the number
of male adults in each State whose right to vote is denied or abridged so that the House of
Representatives may be properly apportioned according to the formula mandated by 14/2." Id. at
96. The plaintiff argued "that the proper enforcement of 14/2 [would] result in an increase in the
representation o f New York State in the House o f Representatives, and therefore, that,
derivatively he, as a citizen of New York, will receive an augmented voice in congressional
matters." Id. The Second Circuit affirmed the district court's denial o f the plaintiffs request for a
three-judge panel and dismissal of the complaint on the basis that the plaintiff lacked standing.
The Court explained:
To establish standing in the present case, Sharrow would have to show, at least
approximately, the apportionment his interpretation of 14/2 would yield, not only
for New York but for every other State as well. This would necessitate a state-by-
state study of the disenfranchisement of adult males, a task o f great proportions.
And even after approximate nation-wide reapportionment figures were derived, it
might well be that, because o f population shifts, or because New York itself
disenfranchised a portion of its adult males, New York's representation would not
be increased as Sharrow claims.
Sharrow has introduced no evidence that New York's loss o f six representatives
over the past thirty years is the result of anything other than shifts in population.
Without such evidence, we cannot say that Sharrow has established his standing
17
to seek the relief he requests. His sincere effort, an effort which we respect, to
rectify what he considers a grave constitutional mistake is not enough. He must
establish that the failure to enforce 14/2 has resulted in a detriment to his rights o f
representation in Congress and this he has failed to do.
Id. at96-97. 5
In this case, Plaintiff alleges, as best the Court can discern, that Defendants "entice[d] ,!
via identification card programs and other means "the invasion o f illegal aliens" to the New York
City area and to the State of California. (Dkt. No. 1, \. These illegal aliens were counted in
the 2010 decennial census, which, according to Plaintiff, unconstitutionally increased downstate
New York's and California's total population figures, apportionment, and number of seats in the
United States House of Representatives, leading to the "disproportionate^ d i l u t i o n of]
[Plaintiffs] intra and interstate representation" and "vote property." (Dkt. No. 1, p. 31). These
allegations fail to show that Plaintiff suffered any concrete injury. The alleged causal connection
between governmental identification card programs or the inclusion o f illegal aliens in the
decennial census and the dilution o f Plaintiffs vote and congressional representation is too
attenuated to allow a conclusion that his alleged injury could be redressed by a favorable
decision in this case. See Fed'n for Am. Immigration Reform, 486 F. Supp. at 572 ("[W]hile we
may assume, and indeed be convinced that there w i l l be some effect on apportionment by the
inclusion of illegal aliens in the population base, the plaintiffs have failed to demonstrate with
requisite specificity where that effect will fall, so that we would be able to find a 'concrete
injury' to some particular resident of some particular state."). At most, the Complaint raises
"abstract questions o f wide public significance," Worth v. Seldin, 422 U.S. at 500, that are best
characterized as generalized grievances about the inclusion o f illegal aliens in census figures and
5 The Court notes that the Supreme Court recently rejected an argument that a state must draw its legislative districts
from the voter-eligible population. Evemvel v. Abbott, JJ.S. , 136 S.Ct. 1120, 1123 (2015) ("[B] ased on
constitutional history, this Court's decisions, and longstanding practice . . . a State may draw its legislative districts
based on total population" using numbers from the decennial census.)
18
the identification card programs in New York City and California. Thus, the Court concludes
6
that Plaintiff lacks standing, and the claims concerning the Defendants' dilution o f his vote using
illegal aliens (the First, Third, Fifth, Sixth, and Seventh Causes o f Action) must be dismissed.
Likewise, Plaintiff lacks standing to bring claims concerning the Electoral College, and
2016 General Election. The Second Cause o f Action alleges that Defendants denied Plaintiff
"equal protection among those citizens similarly situated" by failing "to have a uniform joint
resolution for each elector slate done before the 8 November 2016 General Election with proper
notice to the voters," in violation of the Fourteenth Amendment. (Dkt. No. 1, p. 26). These are
generalized grievances about the administration of the General Election and the Electoral
College that appear to concern the country as a whole and do not contain facts alleging that
Plaintiff suffered injury to a concrete and particularized legally protected interest. Thus, the
Second Cause o f Action is dismissed.
The same deficiency is present in Plaintiffs Fourth Cause of Action, in which Plaintiff
alleges that Defendants have infringed his "speech and association rights among those citizens
similarly situated" in violation of the First Amendment. (Dkt. No. 1, p. 28). This cause o f action,
like the others, arises from Plaintiffs allegation that Defendants have "aidjed] and abet[ted] the
"invasion of illegal aliens" and thereby violated his rights to freedom o f speech and association.
(Id. at p. 29). In the absence of a concrete or particularized injury to his First Amendment rights,
Plaintiff lacks standing to bring this claim.
6In Forjorne v. California, another of Plaintiff s prior cases, Plaintiff, and others, alleged "that various states. . .
failed to prevent non-citizens from voting in elections" and that "by allowing non-citizens," including illegal aliens,
"to vote, their votes have been effectively diluted." No. 1:06-CV1002LEK/RFT, 2010 WL 653651, at *2, 2010 U.S.
Dist. LEXIS 14593, at *9 (N.D.N.Y. Feb. 19, 2010), aff'd, 425 F. App'x 73 (2d Cir. 2011). The district court found
that the plaintiffs lacked standing because the complaint "consistently fail[ed] to allege any concrete harm
personally suffered by Plaintiffs or explain how such harm could be traceable to the Defendants," alleged only "non-
particularized injuries and generalized grievances," and left "unclear how any of the alleged harms could be
redressed by a favorable result in the courts." Id. at *4, 2010 U.S. Dist. LEXIS 14593, at *17.
19
Since Plaintiff lacks standing for any of his claims, a three-judge panel is not required.
3. Mootness
Even supposing that Plaintiff had standing to bring claims with respect to the 2016
presidential election and elector tallies, as the Court discussed in its prior decision, these claims
are moot. (Dkt. No. 24, pp. 12-13). The Electoral College voted on December 19, 2016, and the
President and Vice President were elected and have been inaugurated. See Pope v. Cty. of
Albany, 687 F.3d 565, 569 (2d Cir. 2012) ("The occurrence o f the action sought to be enjoined
normally moots the request for preliminary injunctive relief because this Court has no effective
relief to offer once the action has occurred.'") (quoting Moore v. Consol. Edison Co. ofN. Y.,
Inc., 409 F.3d 506, 510 (2d Cir. 2005) (Sotomayor, J.)). It is therefore "impossible for the court
to grant any effectual relief whatever to the prevailing party." In re Kurtzman, 194 F.3d 54, 58
(2d Cir. 1998). While there is an "exception to mootness for cases 'capable of repetition, yet
evading review,'" In re Zarnel, 619 F.3d 156, 163 (2d Cir. 2010) (quoting Van Wie v. Pataki,
267 F.3d 109, 113 (2d Cir. 2001)), there is no basis on which to find that this exception applies
here. See Strunk v. United States House of Representatives, 24 F. App'x 2 1 , 22-23 (2d Cir. 2001)
("Strunk's request for injunctive relief is moot because the presidential electors were already
seated at the December 18, 2000 meeting of the electoral college and the President and Vice
President o f the United States have been elected."). I f the "same controversy" arises in
connection with the 2020 elections, Plaintiff "can file a timely petition for relief at that time." Id.
at 23. 7
1 Because Plaintiff lacks standing to pursue the claims alleged in the Complaint and the claims concerning the
Electoral College are moot, the Court does not reach Defendants' motion to dismiss under Rule 12(b)(6) for failure
to state a claim.
20
C. Motion to Dismiss - Rule 12(b)(2)
The California Defendants move to dismiss for lack o f personal jurisdiction. (Dkt. No.
25-1). "A plaintiff bears the burden of demonstrating personal jurisdiction over a person or entity
against whom it seeks to bring suit." Troma Entm V, Inc. v. Centennial Pictures, Inc., 729 F.3d
215, 217 (2d Cir. 2013) (quoting Penguin Grp. (USA) Inc. v. Am. Buddha, 609 F.3d 30, 34 (2d
Cir. 2010)). See also Pitts v. O'Geary, 914 F. Supp. 2d 729, 732 (E.D.N.C. 2012)
(acknowledging that while "only a three-judge court may rule on the merits o f a claim" failing
under 2284, "the court, sitting alone, may consider whether it has persona! jurisdiction over
defendants and dismiss the complaint i f it lacks such jurisdiction").
"The plaintiffs obligation varies . . . depending on whether the jurisdictional
determination is made prior to or subsequent to discovery." Capitol Records, LLC v. VideoEgg,
Inc., 611 F. Supp. 2d 349, 356 (S.D.N.Y. Mar. 9,2009) (citing Ball v. Metallurgie Hohoken-
Overpelt, S.A., 902 F.2d 194, 197 (2d Cir. 1990)). "Prior to discovery, a plaintiff can defeat a
Rule 12(b)(2) motion to dismiss by pleading 'good faith, legally sufficient allegations of
jurisdiction, i.e., by making a prima facie showing of jurisdiction.'" Kiobel v. Royal Dutch
Petroleum Co., No. 02 Civ. 7618(KMW)(HBP), 2010 W L 2507025, at *7, 2010 U.S. Dist.
LEXIS 61452, at *29 (S.D.N.Y. June 21, 2010) (quoting Jazini v. Nissan Motor Co., Ltd, 148
F.3d 181, 184 (2d Cir. 1998)). This is in contrast to the standard that applies to a Rule 12(b)(2)
motion after jurisdictional discovery has been conducted, at which point "a plaintiffs prima facie
showing must be 'factually supported;' that is, it must 'include an averment of facts that, i f
credited by the ultimate trier of fact, would suffice to establish jurisdiction over the defendant/"
Id. (quoting Metro. Life Ins. Co. v. Robertson-Ceco Corp., 84 F.3d 560, 567 (2d Cir. 1996))
(internal punctuation and footnote omitted).
21
"In a federal question case where a defendant resides outside the forum state, a federal
court applies the forum state's personal jurisdiction rules i f the federal statute does not
specifically provide for national service o f process." PDK Labs, Inc. v. Friedlander, 103 F.3d
1105, 1108 (2d Cir. 1997) (internal quotation marks omitted). New York's long arm statute
provides that courts may exercise personal jurisdiction over a non-domiciliary who "commits a
tortious act without the state causing injury to person . . . within the state" i f he or she:
(i) regularly does or solicits business, or engages in any other persistent course o f
conduct, or derives substantial revenue from goods used or consumed or services
rendered, in the state, or (ii) expects or should reasonably expect the act to have
consequences in the state and derives substantial revenue from interstate or
international commerce.
N.Y. C.P.L.R. 302(a)(3). Here, Plaintiff alleges no facts indicating that the State of California,
the Governor, or Secretary o f State regularly engages in a "persistent court o f conduct," "derives
substantial revenue" from goods or services rendered in New York, or derives "substantial
revenue from interstate or international commerce." Id.
Even i f Plaintiff could show that New York allowed for personal jurisdiction, there is no
basis on which to find that he could satisfy the due process test for personal jurisdiction, which
has two parts: "the 'minimum contacts' inquiry and the 'reasonableness' inquiry." Waldman v.
Palestine Liberation Organization, 835 F.3d 317, 331 (2d Cir. 2016). The court must first
determine whether the defendant has sufficient contacts with the forum state to justify the court's
exercise o f personal jurisdiction. Id. The reasonableness inquiry asks whether the assertion of
personal jurisdiction comports with 'traditional notions o f fair play and substantial justice'that
is, whether it is reasonable under the circumstances o f the particular case." Id. (quoting Daimler
AG v. Bauman, _ U.S. , 134 S. Ct. 746, 754 (2014)). Plaintiff presents no arguments or
allegations showing the California Defendants' contacts with New York or that personal
22
jurisdiction is reasonable under the circumstances o f this case, which involve a New York voter.
See Smith v. United States, No. L12-CV-00846 LEK, 2012 W L 6597835, at *4, 2012 U.S. Dist.
LEXIS 178419. at *11 (N.D.N.Y. Dec. 18, 2012) (finding that the court "clearly lacks personal
jurisdiction over the New Hampshire Defendants under both prongs o f the jurisdictional
inquiry," in 1983 action where the plaintiff alleged no facts indicating the New Hampshire
defendants had a connection with the State of New York) aff'd and remanded on different
ground, 554 F. App'x 30 (2d Cir. 2013); Forjone, 2010 W L 653651, at *5, 2010 U.S. Dist.
LEXIS 14593, at *20 (finding the plaintiffs failed to assert a basis for personal jurisdiction over
the States of Texas, California, Oregon, Arizona, Nevada, and New Mexico, where the plaintiffs
failed to allege conduct by the States "that caused harm to them" and did not "reside in any o f
these States"). Similarly, there is no basis for general jurisdiction over the California
Defendants. 8 Waldman, 835 F.3d at 332-33.
IV. AMENDED COMPLAINT
Rule 15(a)(2) instructs that "courts should freely give leave [to amend] when justice so
requires." Fed. R. Civ. P. 15(a)(2). " ' A pro se complaint should not [be] dismissed] without [the
Court's] granting leave to amend at least once when a liberal reading of the complaint gives any
indication that a valid claim might be stated.'" Grullon v. City of New Haven, 720 F.3d 133, 139
(2d Cir. 2013) (quoting Chavis v. Chappius, 6\S3d 162, 170 (2d Cir. 2010)). The Second
Circuit has identified the following principles as governing a court's determination as to whether
to allow a pro se litigant to amend: "that motions to amend should be granted freely in the
8The State of California moves to dismiss on the basis that Plaintiffs claims against it are barred by sovereign
immunity under the Eleventh Amendment. (Dkt. No. 25-1, p. 10). Having concluded that Plaintiff lacks standing
and that there is no personal jurisdiction over the California Defendants, the Court does not reach that issue. See,
e.g., Duckworth v. State Bel of Elections, 213 F. Supp. 2d 543, 548 (D. Md. 2002) (declining to address
"defendants' arguments based on sovereign immunity" after concluding that the plaintiffs claims were insubstantial
and a three-judge panel was not required), aff'd sub nom, Duckworth v. State Admin. Bd, of Election Laws, 332 F.3d
769 (4th Cir. 2003).
23
interests of justice, that a pro se complaint generally should not be dismissed without granting
the plaintiff leave to amend at least once, and that a pro se plaintiffs proposed amended
complaint should be construed to raise the strongest arguments it suggests." Id. at 140. Having
considered these principles, and having construed the Complaint to raise the strongest arguments
it suggests, the Court nevertheless concludes that amendment would be futile. There are no facts
in any o f Plaintiff s submissions that suggest that the jurisdictional deficiencies discussed above
can be cured. See id. at 140 ("Leave to amend may properly be denied i f the amendment would
be futile.") (internal quotation marks and brackets omitted); Pudlin v. Office for (Not of) Civil
Rights of the United States Dep't ofEduc., 186 F. Supp. 3d 288, 295 (S.D.N.Y. 2016) ("Leave to
amend would be futile in this case, for the subject matter jurisdiction deficiencies discussed
above are substantive and cannot be cured"). Accordingly, the Complaint is dismissed without
leave to amend.
V. CONCLUSION
For these reasons, it is
O R D E R E D that Defendants' motions to dismiss (Dkt. Nos. 23, 25, 26, 29) are
G R A N T E D ; and it is further
O R D E R E D that the Complaint is D I S M I S S E D without prejudice; and it is further

9
O R D E R E D that the Clerk of the Court is directed to close this case.
I T I S SO O R D E R E D .
Date: May 19,2017

Syracuse, New York Brenda K . Sannes
U.S. District Judge
? "[WJhere a complaint is dismissed for lack of Article III standing, the dismissal must be without prejudice, rather
than with prejudice." Carter v. HealthPort Techs., LLC, 822 F.3d 47, 54 (2d Cir. 2016). Similarly, "dismissal for
want of personal jurisdiction is without prejudice." Smith v. United States, 554 F. App'x 30, 32 (2d Cir. 2013).
24
PROSE
U.S.DistrictCourt
NorthernDistrictofNewYorkMainOffice(Syracuse)[LIVEVersion
6.1.1](Albany)
CIVILDOCKETFORCASE#:1:16cv01496BKSDJS
Strunkv.TheStateofCaliforniaetal DateFiled:12/15/2016
Assignedto:JudgeBrendaK.Sannes JuryDemand:None
Referredto:MagistrateJudgeDanielJ.Stewart NatureofSuit:441CivilRights:
Cause:42:1983CivilRightsAct Voting
Jurisdiction:U.S.Government
Defendant
Plaintiff
ChristopherEarlStrunk representedby ChristopherEarlStrunk
IndividuallyofNewYork 141HarrisAvenue
LakeLuzerne,NY12846
7184143760
PROSE
V.
Defendant
TheStateofCalifornia representedby TamarPachter
CaliforniaDepartmentofJustice
455GoldGateAvenue,Suite
11000
SanFrancisco,CA94102
4157035500
Fax:4157031234
Email:tamar.pachter@doj.ca.gov
LEADATTORNEY
ATTORNEYTOBENOTICED
Defendant
EdmundGeraldBrown,Jr. representedby TamarPachter
IndividuallyandasGovernor (Seeaboveforaddress)
alsoknownas LEADATTORNEY
Jerry ATTORNEYTOBENOTICED
Defendant
AlejandroPadilla representedby TamarPachter
IndividuallyandasSecretaryof (Seeaboveforaddress)
State(SOS) LEADATTORNEY
alsoknownas ATTORNEYTOBENOTICED
Alex
Defendant
TheStateofNewYork representedby JoshuaE.McMahon
AndrewM.Cuomo,individually NewYorkStateAttorneyGeneral
andasGovernor Albany
TheCapitol
Albany,NY12224
5187762603
Email:
joshua.mcmahon@ag.ny.gov
LEADATTORNEY
ATTORNEYTOBENOTICED
Defendant
TheStateofNewYorkBoardof representedby JoshuaE.McMahon
Elections (Seeaboveforaddress)
withRepublicanPeterS.Kosinski LEADATTORNEY
/CoChair,DemocratDouglasA. ATTORNEYTOBENOTICED
Kellner/CoChair,Republican
AndrewJ.Spano/Commissioner
andDemocratGregoryP.
Peterson/Commissioner
Defendant
TheCityofNewYork representedby DanielW.Coffey
Bowitch,CoffeyLawFirm
17ElkStreet
Albany,NY12207
5188139500
Fax:5182071916
Email:coffey@bcalbany.com
LEADATTORNEY
ATTORNEYTOBENOTICED
Defendant
WarrenWilhelm,Jr. representedby DanielW.Coffey
MayoroftheCityofNewYork (Seeaboveforaddress)
alsoknownas LEADATTORNEY
BillDeBlasio ATTORNEYTOBENOTICED
Defendant
TheNewYorkCityBoardof representedby DanielW.Coffey
Elections (Seeaboveforaddress)
withCommissionersofElections: LEADATTORNEY
MariaR.GuastellaPresident, ATTORNEYTOBENOTICED
FredericM.UmaneSecretary,
JoseMiguelAraujo,JohnFateau,
Ph.D.,LisaGrey,MichaelMichel,
MichaelA.Rendino,Alan
Schulkin,SimonShamoun,
RosannaVargas,Commissioners
Defendant
NationalArchivesandRecords representedby JohnD.Hoggan,Jr.
Administration U.S.DepartmentofJustice
AlbanyOffice
445Broadway
JamesT.FoleyCourthouse
Albany,NY12201
5184310247
Fax:5184310386
Email:john.hoggan@usdoj.gov
LEADATTORNEY
ATTORNEYTOBENOTICED
Defendant
PresidentoftheUnitedStates representedby JohnD.Hoggan,Jr.
Senate (Seeaboveforaddress)
LEADATTORNEY
ATTORNEYTOBENOTICED
Defendant
UnitedStatesDepartmentof representedby JohnD.Hoggan,Jr.
CommerceBureauoftheCensus (Seeaboveforaddress)
LEADATTORNEY
ATTORNEYTOBENOTICED
DateFiled # DocketText
12/15/2016 1 COMPLAINTagainstEdmundGeraldBrown,Jr.,National
ArchivesandRecordsAdministration,AlejandroPadilla,President
oftheUnitedStatesSenate,TheCityofNewYork,TheNewYork
CityBoardofElections,TheStateofCalifornia,TheStateofNew
York,TheStateofNewYorkBoardofElections,UnitedStates
DepartmentofCommerceBureauoftheCensus,WarrenWilhelm,
Jr.(Filingfee$400receiptnumberALB010158)filedby
ChristopherEarlStrunk.(Attachments:#1ExhibitA,#2Exhibit
B,#3ExhibitC,#4ExhibitD,#5ExhibitE,#6ExhibitF,#7
ExhibitgG,#8ExhibitH,#9ExhibitI,#10ExhibitJ,#11
ExhibitK,#12ExhibitL,#13ExhibitM,#14CivilCoverSheet)
(khr)(Entered:12/16/2016)
12/15/2016 2 SummonsIssuedastoTheStateofCalifornia.(Attachments:#1as
toEdmundBrown,Jr.,#2astoAlejandroPadilla,#3astoThe
StateofNewYork,#4NewYorkStateofBoardofElection,#5
TheCityofNewYork,#6WarrenWilhelm,Jr.,#7TheNew
YorkCityBoardofElections,#8NationalArchivesandRFecords
Administration,#9PresidentoftheUnitedStatesSenate,#10
UnitedStatesDepartmentofCommerceBureau)(khr)(Entered:
12/16/2016)
12/15/2016 3 G.O.25FILINGORDERISSUED:InitialConferencesetfor
3/16/201710:00AMinAlbanybeforeMagistrateJudgeDanielJ.
Stewart.CivilCaseManagementPlanmustbefiledandMandatory
Disclosuresaretobeexchangedbythepartiesonorbefore
3/9/2017.(PursuanttoLocalRule26.2,mandatorydisclosuresare
tobeexchangedamongthepartiesbutareNOTtobefiledwiththe
Court.)(khr)(Entered:12/16/2016)
12/15/2016 4 PROSEHANDBOOKandNOTICEissuedandexplainedtopro
seplaintiffattimecomplaintwasfiledon12/15/2016atthe
counter.(khr)(Entered:12/16/2016)
12/15/2016 5 ORDERTOSHOWCAUSEMOTIONforTemporaryRestraining
OrderbyChristopherEarlStrunk.(Attachments:#1Memorandum
ofLaw,#2ExhibitComplaint,#3ExhibitA,#4ExhibitB,#5
ExhibitC,#6ExhibitD,#7ExhibitE,#8ExhibitF,#9Exhibit
G,#10ExhibitH,#11ExhibitI,#12ExhibitJ,#13ExhibitK,#
14ExhibitL,#15ExhibitM)(khr)(Entered:12/16/2016)
12/16/2016 6 TEXTORDER:TheCourthasreviewedPlaintiff's"Ordertoshow
causewithtemporaryrestrainingorder"andattacheddocuments.
(Dkt.No.5).TheLocalRulesrequirethemovingpartyto"serve
anyapplicationfortemporaryrestrainingorderonallotherparties"
(N.D.N.Y.L.R.7.1(f)),that"amotionbroughtbyOrdertoShow
Cause...includeanaffidavitclearlyandspecificallyshowinggood
andsufficientcausewhythestandardNoticeofMotionprocedure
cannotbeused,"andthatthe"movingpartygivereasonable
advancenoticeoftheapplicationforanOrdertoShowCauseto
theotherparties,exceptinthosecircumstanceswherethemovant
candemonstrate,inadetailedandspecificaffidavit,goodcause
andsubstantialprejudicethatwouldresultfromtherequirementof
reasonablenotice."N.D.N.Y.L.R.7.1(e).Thereisnoindicationin
Plaintiff'spapersthatheservedhisfilingonDefendants,orthathe
gaveDefendantsreasonableadvancenoticeofhisapplication.Nor
hasPlaintifffiledanaffidavitshowing"goodandsufficientcause
whythestandardtheNoticeofMotionprocedurecannotbeused."
Accordingly,Plaintiff'sproposedorder(Dkt.No.5)isdenied
withoutprejudicetorefilingfollowingserviceofthefilingand
uponcuringtheaboveidentifieddefects.Anyrefilingshould
includebriefingontheapplicabilityof28U.S.C.2284(a)tothe
allegationsintheComplaint.SOORDERED.SignedbyJudge
BrendaK.Sanneson12/16/2016.(Copyservedviaregularmail)
(sr,)(Entered:12/16/2016)
12/30/2016 7 SUMMONSRETURNEDEXECUTED:FiledbyChristopherEarl
Strunk,ProSe.EdmundGeraldBrown,Jr.servedon12/23/2016,
answerdue1/17/2017NationalArchivesandRecords
Administrationservedon12/23/2016,answerdue2/24/2017
AlejandroPadillaservedon12/23/2016,answerdue1/17/2017
PresidentoftheUnitedStatesSenateservedon12/23/2016,answer
due2/24/2017TheCityofNewYorkservedon12/23/2016,
answerdue1/17/2017TheNewYorkCityBoardofElections
servedon12/23/2016,answerdue1/17/2017TheStateof
Californiaservedon12/23/2016,answerdue1/17/2017TheState
ofNewYorkservedon12/23/2016,answerdue1/17/2017The
StateofNewYorkBoardofElectionsservedon12/23/2016,
answerdue1/17/2017UnitedStatesDepartmentofCommerce
BureauoftheCensusservedon12/23/2016,answerdue2/24/2017
WarrenWilhelm,Jr.servedon12/23/2016,answerdue1/17/2017.
(Attachments:#1CoverLetter,#2MailingEnvelope)(rep)
(Entered:01/04/2017)
12/30/2016 8 ORDERTOSHOWCAUSEMOTIONforTemporaryRestraining
OrderfiledbyChristopherEarlStrunk,ProSe.{Supporting
exhibitsattached}.(Attachments:#1AffidavitwithExhibits,#2
CoverLetterwithAffidavitofService,#3MailingEnvelope)(rep)
(Entered:01/04/2017)
01/04/2017 9 NOTICEofAppearancebyJohnD.Hoggan,Jronbehalfof
NationalArchivesandRecordsAdministration,Presidentofthe
UnitedStatesSenate,UnitedStatesDepartmentofCommerce
BureauoftheCensus(Attachments:#1CertificateofService)
(Hoggan,John)(Entered:01/04/2017)
01/11/2017 10 NOTICEofAppearancebyDanielW.CoffeyonbehalfofThe
CityofNewYork,TheNewYorkCityBoardofElections,Warren
Wilhelm,Jr.(Attachments:#1AffirmationCertificateofService)
(Coffey,Daniel)(Entered:01/11/2017)
01/11/2017 11 TEXTORDER:Defendantsaredirectedtofilearesponseto
Plaintiff's8OrdertoShowCauseMotionforTemporary
RestrainingOrderbyJanuary25,2017.Replypapersshallbyfiled
byFebruary1,2017.Thismotionwillbeheardonsubmissionof
thepapers.Thepartieswillbenotifiediforalargumentis
necessary.SOORDEREDbyJudgeBrendaK.Sanneson1/11/17.
(Copyservedonplaintiffviaregularmail)(rjb,)(Entered:
01/11/2017)
01/13/2017 12 NOTICEofAppearancebyJoshuaE.McMahononbehalfofThe
StateofNewYork,TheStateofNewYorkBoardofElections
(Attachments:#1Coverletterandrequestforextensiontosubmit
ananswerormakemotions,#2CertificateofService)(McMahon,
Joshua)(Entered:01/13/2017)
01/13/2017 13 LetterMotionfromDanielW.Coffey,Esq.forTheCityofNew
York,TheNewYorkCityBoardofElections,WarrenWilhelm,Jr.
requestingextensionoftimetorespondtocomplaintsubmittedto
JudgeStewart.(Attachments:#1AffidavitCertificateofService)
(Coffey,Daniel)(Entered:01/13/2017)
01/18/2017 14 LETTERRESPONSEbyChristopherEarlStrunkre13Letter
MotionfromDanielW.Coffey,Esq.forTheCityofNewYork,
TheNewYorkCityBoardofElections,WarrenWilhelm,Jr.
requestingextensionoftimetorespondtocomplaintsubmittedto
JudgeStewart(khr)(Entered:01/18/2017)
01/18/2017 15 TEXTORDER:OnJanuary13,2017,DefendantsTheCityofNew
York,WarrenWilhelm,Jr.andTheNewYorkCityBoardof
ElectionsfiledaLetterRequsetseekinganextensionoftimetofile
anAnswerorotherwiserespondtotheComplaintinthismatter.
Dkt.No.13.OnJanuary18,2017,Plaintifffiledaresponsein
oppositiontoDefendants'request.Dkt.No.14.Notwithstanding
Plaintiff'sobjection,therequestisGRANTEDandDefendantsThe
CityofNewYork,WarrenWilhelm,Jr.andTheNewYorkCity
BoardofElectionsshallfiletheirresponsetotheComplaintonor
beforeFebruary17,2017.SOORDEREDbyMagistrateJudge
DanielJ.Stewarton1/18/2017.(Copyserveduponproseplaintiff
byregularmail).(mab)(Entered:01/18/2017)
01/25/2017 16 RESPONSETOORDERTOSHOWCAUSEfiledbyTheStateof
NewYork,TheStateofNewYorkBoardofElections.
(Attachments:#1CertificateofService)(McMahon,Joshua)
(Entered:01/25/2017)
01/25/2017 17 RESPONSETOORDERTOSHOWCAUSEfiledbyTheCityof
NewYork,TheNewYorkCityBoardofElections.(Attachments:
#1Exhibit(s)SectionofNYCAdministrativeCode,#2Affidavit
RichmanDeclaration,#3Exhibit(s)RetentionandDisposal
Schedule,#4AffidavitCertificateofService)(Coffey,Daniel)
(Entered:01/25/2017)
01/25/2017 18 RESPONSEinOppositionre8MOTIONforTemporary
RestrainingOrder(FederalDefendants'MemorandumofLawIn
OoppositiontoPlaintiff'sMotionForTemporaryRestraining
Order)filedbyUnitedStatesDepartmentofCommerceBureauof
theCensus,NationalArchivesandRecordsAdministrationand
PresidentoftheUnitedStatesSenate(Attachments:#1Certificate
ofService)(Hoggan,John)Modifiedon1/26/2017(khr).(Main
Document18replacedon1/26/2017)(khr,).(Entered:01/25/2017)
01/26/2017 CLERK'SCORRECTIONOFDOCKETENTRYre18Response
inOppositiontoMotion.Modifiedtexttoincludetheindividual
namesoftheFederaldefendants.(khr)(Entered:01/26/2017)
01/26/2017 CLERK'SCORRECTIONOFDOCKETENTRYre18Response
inOppositiontoMotion.OriginalMemorandumofLawhada
typographicalerror.ReplacedwithcorrectedMemorandumof
Law.(khr)(Entered:01/26/2017)
01/26/2017 19 CERTIFICATEOFSERVICEbyNationalArchivesandRecords
Administration,PresidentoftheUnitedStatesSenate,United
StatesDepartmentofCommerceBureauoftheCensusre18
ResponseinOppositiontoMotion,(forcorrectedMemorandumof
Law)(Hoggan,John)(Entered:01/26/2017)
02/03/2017 20 REPLYtoResponsetoMotionre8MOTIONforTemporary
RestrainingOrderfiledbyChristopherEarlStrunk.(Attachments:
#1CoverLetter)(khr)(Entered:02/03/2017)
02/06/2017 21 LetterMotionfromJoshuaE.McMahonforTheStateofNew
York,TheStateofNewYorkBoardofElectionsrequestingthirty
(30)dayextensionoftimetosubmitanAnswerorMotion
submittedtoJudgeDanielJ.Stewart.(Attachments:#1Certificate
ofService)(McMahon,Joshua)(Entered:02/06/2017)
02/07/2017 22 TEXTORDER:OnFebruary6,2017,Defendants,TheStateof
NewandTheStateofNewYorkBoardofElections,filedaLetter
RequestseekinganextensionoftimetofileanAnsweror
otherwiserespondtotheComplaintinthismatter.Dkt.No.21.
Baseduponthereasonssetforthintheirsubmission,therequestis
GRANTEDandDefendants,TheStateofNewYorkandTheState
ofNewYorkBoardofElections,shallfiletheirresponsetothe
ComplaintonorbeforeMarch9,2017.SOORDEREDby
MagistrateJudgeDanielJ.Stewarton2/7/2017.(Copyservedto
proseplaintiffbyregularmail).(mab)(Entered:02/07/2017)
02/16/2017 23 MOTIONtoDismissforFailuretoStateaClaim,MOTIONto
DismissforLackofSubjectMatterJurisdictionMotionHearingset
for4/6/201710:00AMinSyracusebeforeJudgeBrendaK.Sannes
ResponsetoMotiondueby3/20/2017ReplytoResponseto
Motiondueby3/27/2017.filedbyTheCityofNewYork,The
NewYorkCityBoardofElections.(Attachments:#1
MemorandumofLaw,#2Exhibit(s)unpublisheddecision,#3
Exhibit(s)NYCAdminCode)(Coffey,Daniel)(Entered:
02/16/2017)
02/22/2017 24 ORDERdenying8MotionforTRO.Thepartiesaredirectedtofile
letterbriefsbyMarch22,2017addressingwhether,underthe
standardarticulatedinShapirov.McManus,___U.S.___,136S.Ct.
450,45556(2015),Plaintiff'sallegationsconcerningthe
constitutionalityoftheapportionmentofmembersoftheUnited
StatesHouseofRepresentativesrequiresathreejudgepaneltobe
convenedunder28U.S.C.2284.SignedbyJudgeBrendaK.
Sanneson2/22/17.(Copyservedonplaintiffviaregularmail)(rjb,
)(Entered:02/22/2017)
02/23/2017 25 MOTIONtoDismissforLackofPersonalJurisdiction,MOTION
toDismissforFailuretoStateaClaimMotionHearingsetfor
4/6/201710:00AMinSyracusebeforeJudgeBrendaK.Sannes
Motiondueby3/27/2017.filedbyEdmundGeraldBrown,Jr.,
AlejandroPadilla,TheStateofCalifornia.(Attachments:#1
MemorandumofLaw,#2Affidavit)(Pachter,Tamar)(Entered:
02/23/2017)
02/24/2017 26 MOTIONtoDismissforFailuretoStateaClaim,MOTIONto
DismissforLackofPersonalJurisdictionMotionHearingsetfor
4/6/201710:00AMinSyracusebeforeJudgeBrendaK.Sannes
Motiondueby3/27/2017.filedbyNationalArchivesandRecords
StatesDepartmentofCommerceBureauoftheCensus.
(Attachments:#1MemorandumofLaw,#2CertificateofService)
(Hoggan,John)(Entered:02/24/2017)
03/08/2017 27 LetterMotionfromDanielW.Coffey,Esq.,attorneyforNYC
Defendants,forTheCityofNewYork,TheNewYorkCityBoard
ofElectionsrequestingadjournmentofRule16conference
submittedtoJudgeStewart.(Coffey,Daniel)(Entered:
03/08/2017)
03/09/2017 28 TEXTORDER:OnMarch8,2017,theCityofNewYork
DefendantsfiledaLetterRequestseekingtoadjourntheRule16
InitialConferenceinthismatterinlightofthependingdispositive
motions.Dkt.No.27.TherequestisGRANTEDandtheRule16
InitialConferencescheduledforMarch16,2017beforethe
undersignedandthedeadlinetofileaproposedCivilCase
ManagementPlanandexchangeMandatoryDisclosuresare
ADJOURNEDwithoutdatependingadecisiononthedispositive
motions.SOORDEREDbyMagistrateJudgeDanielJ.Stewarton
3/9/2017.(Copyservedtoproseplaintiffbyregularmail).(mab)
(Entered:03/09/2017)
03/09/2017 29 MOTIONtoDismissforFailuretoStateaClaimandLackof
SubjectMatterJurisdictionMotionHearingsetfor4/20/2017
10:00AMinSyracusebeforeJudgeBrendaK.SannesResponseto
Motiondueby4/3/2017ReplytoResponsetoMotiondueby
4/10/2017.filedbyTheStateofNewYork,TheStateofNewYork
BoardofElections.(Attachments:#1MemorandumofLaw,#2
DeclarationofService)(McMahon,Joshua)(Entered:03/09/2017)
03/14/2017 30 LetterMotiondated3/13/2017filedbyChristopherEarlStrunk,
ProSerequestinganadjournmentoftheresponsedeadlinetothe
pendingmotonssubmittedtoJudgeBrendaK.Sannes.
(Attachments:#1CoverLetter,CertificateofServiceandMailing
Envelope)(jmb)(Entered:03/14/2017)
03/20/2017 31 TEXTORDERgranting30LetterRequestforanextensionoftime
torespondtothe25MOTIONtoDismissforLackofPersonal
JurisdictionMOTIONtoDismissforFailuretoStateaClaim,23
MOTIONtoDismissforFailuretoStateaClaimMOTIONto
DismissforLackofSubjectMatterJurisdiction,29MOTIONto
DismissforFailuretoStateaClaimandLackofSubjectMatter
Jurisdiction,26MOTIONtoDismissforFailuretoStateaClaim
MOTIONtoDismissforLackofPersonalJurisdiction:Responses
dueby4/19/2017Repliesdueby4/26/2017.SOORDEREDby
JudgeBrendaK.Sanneson3/20/17.(Copyservedonplaintiffvia
regularmail)(rjb,)(Entered:03/20/2017)
03/21/2017 32 LETTERBRIEFbyTheCityofNewYork,TheNewYorkCity
BoardofElections,TheStateofNewYork,TheStateofNew
YorkBoardofElections.(Coffey,Daniel)(Entered:03/21/2017)
03/22/2017 33 LETTERBRIEFbyEdmundGeraldBrown,Jr.,AlejandroPadilla,
TheStateofCalifornia.(Pachter,Tamar)(Entered:03/22/2017)
03/22/2017 34 LETTERBRIEFbyNationalArchivesandRecords
StatesDepartmentofCommerceBureauoftheCensus.
(Attachments:#1CertificateofService)(Hoggan,John)(Entered:
03/22/2017)
03/23/2017 35 LETTERBRIEFbyChristopherEarlStrunk.(Attachments:#1
CoverletterwithCertificateofServiceandEnvelope)(khr)
(Entered:03/24/2017)
04/20/2017 36 MEMORANDUMOFLAWINRESPONSEinOppositionre29
MOTIONtoDismissforFailuretoStateaClaimandLackof
SubjectMatterJurisdiction,26MOTIONtoDismissforFailureto
StateaClaimMOTIONtoDismissforLackofPersonal
Jurisdiction,25MOTIONtoDismissforLackofPersonal
JurisdictionMOTIONtoDismissforFailuretoStateaClaimfiled
byChristopherEarlStrunk.(Attachments:#1CoverLetter,#2
Declaration,#3ExhibitA1toD3toDeclaration,#4ExhibitD3to
K2toDeclaration,#5ExhibitK3toEtoDeclaration,#6Exhibit
EtoDeclaration,#7ExhibitFtoDeclaration,#8ExhibitGtoM
toDeclaration,#9ExhibitL2toL7toDeclaration,#10ExhibitN
toZtoDeclaration)(khr)(Additionalattachment(s)addedon
4/21/2017:#11MailingEnvelope)(khr,).(Entered:04/21/2017)
Case 1:16-cv-01496-BKS-DJS Document 36-1 Filed 04/20/17 Page 1 of 2
Christopher Earl Strunk, in esse Sui juris

sole beneficiary agent in propria persona
for CHRISTOPHER EARL STRUNK
141 Harris Avenue
Lake Luzerne, New York 12846
Ph. 718-414-3760 Email,: cestrunck@yahoo.com
u.s. DIWY L_URE/[t
APR 2 0 20!?
N.Y.
AT_ O'ClOCK
lawren(e K 8.J. erman, C!erk. Syracuse
Clerk. U.S. District Court
Federal Building & Courthouse
P.O. Box 7367
Syracuse NY 13261-7367
Re: STRUNK v. THE STATE OF CALIFORNIA etal. NYND 16-cv-1496 (BKS I DJS)
Subject: File Documents
Dear Clerk of the Court,
In conformance with the Rules, Undersigned hereby files documents:
1. PETITIONER'S MEMORANDUM OF LAW FOR PLAINTIFF'S COMBINED

RESPONSE TO DEFENDANTS' MOTION TO DISMISS THE PETITION WITH
COMPLAINT affmned April 18, 2017
2. PLAINTIFF'S DECLARATION IN SUPPORT OF THE MEMORANDUM OF LAW

FOR PLAINTIFF'S COMBINED RESPONSE TO DEFENDANTS' MOTION TO
DISMISS THE PETITION WITH COMPLAINT affirmed April 18, 2017 with Exhibit
annexed
3. Plaintiff's annexed Exhibits to the Declaration A thru Z
4. Certificate of Service to Defendants' Counsels
Dated: April '1 q2017
Brooklyn New York

sole beneficiacy agent in propria persona
for CHRISTOPHER EARL STitUNK
All Rights Reserved Without Prejudice


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 1: 16-cv-1496 (BKS /DJS)
x~----------------__.._-----------------x
In the matter of: Christopher Earl Strunk, Individually of New York;
Plaintiff, Petitioner

CERTIFICATE OF SERVICE
THE SfATE OF CALIFORNIA etal.

Defendants/Respondents
x - - - - - - - - - ----------------------X
Accordingly, I, CHRISTOPHER EARL STRUNK, depose and say under penalty of perjury
with28 USC 1746:
a. Am over 18 years of age and am Plaintiff Petitioner to this action.
b. On April19, 2017, Undersigned served a true conformed copy of:
1. PETITIONER'S MEMORANDUM OF LAW FOR PLAINTIFF'S COMBINED
RESPONSE TO DEFENDANTS' MOTION TO DISMISS THE PETITION WITH
COMPLAINT affinned Aprill8, 2017
n. PLAINTIFF'S DECLARATION IN SUPPORT OF TilE MEMORANDUM OF LAW
FOR PLAINTIFF'S COMBINED RESPONSE TO DEFENDANTS' MOTION TO

DISMISS TilE PETITION WITH COMPLAINT affinned April 18, 2017 with Exhibit
annexed
iii. Plaintiffs annexed Exhibits to the Declaration A thru Z and in electronic form bates formated
c. On April19 2017, I caused each copy with proper postage for service by regular mail that was then
deposited with the USPS for service upon:
Tamar Pachter Daniel W. Coffey

California Department of Justice Bewitch. Coffey Law Finn
455 Gold Gate Avenue. Suite 11000 17 Elk Street
San Francisco. CA 94102 Albany. NY 12207
Joshua E. McMahon John D. Hoggan, Jr.

New York State Attorney General Albany U.S. Department of Justice Albany Office
The Capitol 445 Broadway
Albany, NY 12224 James T. Foley Courthouse
Dated: April cl2017

Brooklyn, New York
r;;z-~
Christopher Earl Strunk. in esse Sui juris

,-
c
Case 1:16-cv-01496-BKS-DJS Document 36 Filed 04/20/17 Page 1 of 66
U.S. ~',.i-i :-:~\.f COt;iiJ- N.D. OF N.Y.
FILED
APR 2 0 2017
AT_ O'CLOCK
FOR THE NORTHERN DISTRICT OF NEW YORK Lawrence K. Baerman, Clerk- Syracuse
Civil Case No: 1: 16-cv-1496 (BKS I DJS)
X---------------------------------------------------------------------------------------------------------------X
In the matter of:
CHRISTOPHER EARL STRUNK, Individually of New York;

versus
THE STATE OF CALIFORNIA with Edmund Gerald "JERRY" BROWN Jr., Individually
and as Governor; and Alejandro "ALEX" PADILLA, Individually and as Secretary of State
(SOS); THE STATE OF NEW YORK with ANDREW M. CUOMO, Individually and as
Governor; THE STATE OF NEW YORK BOARD OF ELECTIONS; THE CITY OF
NEW YORK (NYC); Warren "BILL DE BLASIO" Wilhelm Jr., Individually and as the
Mayor of NYC; THE NYC BOARD OF ELECTIONS; NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION; PRESIDENT OF THE UNITED STATES SENATE;
UNITED STATES DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS;
X---------------------------------------------------------------------------------------------------------------X
MEMORANDUM OF LAW FOR PLAINTIFF'S COMBINED RESPONSE TO
DEFENDANTS' MOTION TO DISMISS THE PETITION WITH COMPLAINT
Undersigned, Christopher Earl Strunk, in esse Sui juris sole beneficiary agent in propria persona
for the inter vivos express trust CHRISTOPHER EARL STRUNK (Plaintiff, non-belligerent)
similarly situated as Seciion 1 Fourteenth Amendment Private National Citizens of the United
States of America (USA) (1), Republican Party member, and also a Private New York Citizen;
complies with the 20 March 2017 ORDER for Response by April19, 2017 to the Defendants'
respective Motions to Dismiss the Petition with Complaint filed 15 December 2016 (Complaint).
1
Slaughter House Cases 83 U.S. 36 (1873), the Supreme Court included that the Constitution recognized two
separate types of citizenship -"national citizenship" and "state citizenship"-and the Court held that the Privileges
or hnmunities Clause prohibits states from interfering only with privileges and immunities possessed by virtue of
national citizenship. The Court concluded that the privileges and immunities of national citizenship included only
those rights that "owe their existence to the Federal government, its National character, its Constitution, or its laws."
I
c TABLE OF CONTENTS
PLEASE TAKE JUDICIAL NOTICE OF THE NATIONAL EMERGENCY ..................... .S
BACKGROUND ON THE NATIONAL EMERGENCY........................................................ II

COMBINED RESPONSE INTRODUCTION .......................................................................... l4
POINTS OF CONTROVERSY................................................ ,................................................. l6
I. State and or any municipal State agent actions to harbor illegal aliens as if domiciliary
II. CA State I Democratic Party biased non/mis/malicious action cause rights infringement
III. NYS I NYC State I Democratic I Republican Party biased non/mis/malicious action cause
rights infringement
IV. State actor insurrection using illegal aliens for secession from the Union
V. Federal Trustee Fiduciary duty to Plaintiff along with those similarly situated to enforce
PLAINTIFF'S THREE JUDGE PANEL ARGUMENT QUESTIONS PRESENTED ....... I?
Is there a Federal Question?

Is there 8 USC 1324 Harboring of illegal aliens by the State and or municipality?
Is there a breach of fiduciary duty that is a ripe substantial constitutional claim?
Is there a substantial constitutional claim?

Is there a malicious failure of Defendants to enforce its Election Law or Code at the POTUS
election and such constitute a basis for a 14th Amendment infringement violation?
Is there a Privileges or Immunities Clause infringement violation?
Is there a Full Faith and Credit Clause infringement violation?
As a matter of equal protection does a state have a compelling duty to provide an illegal alien

with a drivers license and or suffrage privilege and or immunity?
Does the scope ofhann that is ripe, escape review warrant a Three judge Panel?
Plaintiffs preliminary argument as to Eleventh Amendment and immunity exceptions ....23
Suits Against State Officials ........................................................................................................ 29
Plaintiffs Response to California Defendants' Argument....................................................... 35
Plaintiffs Response to New York State Defendants' Argument. ........................................... .39
Plaintiffs Response to the city of New York Defendants' Argument. ................................... .47
Plaintiffs Response to United States Defendants' Argument. ................................................. 49
Plaintiffs Request for a Declaratory Judgment on Defendants illegal alien barboring ....... 58
Plaintiff's Summary Argument as a Social Contract scope of barm measured by 18 USC 1091 .... 61
r-
- -
CONCLUSION IN RESPONSE. ................................................................................................... 65
2
Statutes
3 USC I thru 21
42 u.s.c. 1983, 1985
TABLE OF AUTHORITIES
8 usc 1324
18 usc 611
18 USC 109l(a)
Racketeerlnfluenced and Corrupt Organizations Act, 18 U.S.C. 1961-1968 (RICO)
National Voter Registration Act of 1992 (NVRA)
Help America to Vote Act 2002 (HAVA)
Declaratory Judgment Act ofl934- 28 USC 2201
12 USC 95(a): 50 USC App. 5(b) (now nnder Chapter 3) still a National Emergency of
Executive Order 2039 and 2040 by authorization of Congress by 12 USC 95(b)
The Emergency Powers Act of Sept. 14, 1976 PL 94-412 90 Stat. 1255, expressly retained 12
USC 95(a) with 50 USC Appendix 5(b)
The International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701-1707), EBRA
remains the law of the land over banking and commerce internationally cited by the
Congressional Research Service Report to Congress

98-505 "National Emergency Powers" update September 18,2001.
Glass Steagall Act.
Graham-Leach-Bliley Act.
US Constitution witb Amendments

Article 1 Section 8 clause 4
Article IV
I st Amendment
11th Amendment
14th Amendment
Treaties
Laws of War: Laws and Customs of War on Land (Hague IV) of October 18, 1907, especially
Section III Military Authority Over the Territory of the Hostile State Articles 42 through 56
Federal Citations
!.
Slaughter House Cases 83 U.S. 36 (1873)
Pennoyer v. Neff, 95 U.S. 714, 733-35 (1878)
Hans v. Louisiana, 134 U.S. 1 (1890).
3
Frew v. Hawkins, 540 U.S. 431 (2004)

Mohawk Industries, Inc. v. Williams (05-465)
Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009)
ARIZONA v. UNITED STATES, 9th Circuit 641 F. 3d 339

State Citations
CA Election Code 6901
CA-AB 1461
New York Election Law
Federal Rules
Federal Rule of Civil Procedure 12(b){l), 12(b)(6)
Other Sources
!12th Congress -SENATE" 2nd Session- DOCUMENT No. 112-9: THE CONSTITUTION
of the UNITED STATES OF AMERICA- ANALYSIS AND INTERPRETATION Centennial
Edition INTERIM EDITION: ANALYSIS OF CASES DECIDED BY THE SUPREME
COURT OF THE UNITED STATES TO JUNE 26,2013 PREPARED BY THE
CONGRESSIONAL RESEARCH SERVICE LIBRARY OF CONGRESS KENNETH R.
THOMAS.EDITOR-IN-CHIEF, LARRY M. EIG MANAGING EDITOR, U.S.
GOVERNMENT PRINTING OFFICE 29--309 WASHINGTON: 2013 Online Version:
www.gpo.gov/constitutionannotated....................................................................................... l6. 49
Department of the Army Field Manual FM 41-10-62 Civil Affairs Operations
Governmental Functions
FM 41-10-62 Page 17- diagram for CIVIL AFFAIRS IN TIME PHASES HOSTILITIES-
PEACETIME: RELATIONSHIP TO CIVIL GOVERNMENT (POLITICAL- ECONOMIC-
SOCIAL MATTERS)-A PRIMARY RESPONSIBILITY OF THE MILITARY SUPPORTED
BY OTHER DESIGNATED US AGENCIES
The Law of Nations, by Emer de Vattel in 1758
Executive Order 2039 created the perpetual private trusts on March 6, 1933
Executive Order 2040 created the perpetual temporary Military Government on March 9, 1933
US Senate Report 93-549
Maryland Journal of International Law Vol. 3 Issue 2 Article 11 11Amendments to
the Trading With the Enemy Ac/11
Congressional Research Service Report to Congress 98-505 "National Emergency Powers"
update September 18, 2001
SPYHUNTER: The Secret History of German Intelligence by Michael Shrimpton, June Press
2014
4
PLEASE TAKE JUDICIAL NOTICE OF THE NATIONAL EMERGENCY that on 5 May
2016, the Undersigned Executor for the Posterity non-belligerents obtained a jurisdictional Order
from the Clerk of the Court for the United States Court of Appeals for the Armed Forces
(USCAAF) with Docket No. 16-0512 (see Exhibit R), and wherein the honomble judges:
Charles E. "Chip" Erdmann (Chief Judge.); Scott W. Stucky; Margaret A. Ryan; Kevin A.
Ohlson; William H. Darden; Walter T. Cox III; Eugene R. Sullivan; Susan J. Crawford; H.F.
"Sparky" Gierke; Andrew S. Effron; James E. Baker, were petitioned by Accusers defined by 10
USC 801-9 (2) for offenses against nationals of the United States outside the jurisdiction of any
nation defined by 18 USC 7-7, as if for special maritime and territorial jurisdiction of the
United States using Court Rule 67(c) for a 28 USC 1651 Special Writ of Mandamus with
Injunctive Equity Relief in the matter of the breach of contract in 1999 with repeal of the Glass-
Steagall Act during the National Banking Emergency or Time of War and National Emergency
Mandates by the De-Facto Commander-In-Chief (CINC), under the: Hague Convention, United
States Army Field Manual For Civil Affairs Operations, Uniform Code Of Military Justice, and
Constitution of The United States of America. as to Civil Affairs {J) under the The Emergency
Banking ReliefAct of9 March 1933 (48 Stat. 1)(EBRA), 12 USC 95(a) amended 50 USC App.
5(b) ongoing emergency (4) (now of Title 50 Chapter 53) of the Trading with the Enemy Act
2
10 USC 801 Definitions (9) The term "accuser'' means a person who signs and swears to charges, any person
who directs that charges nominally be signed and sworn to by another, and any other person who has an interest
other than an official interest in the prosecution of the accused.
3
FM 41-10-1962 Chapter 1 Paragraph 2 Definitions a. Civil Affairs. Those phases of the activities of a commander
which embrace the relationship between the military forces and the civil authorities and people in a friendly
(including US home territory) or occupied area where military forces are present In an occupied country or area this
may include the exercise of executive, legislative, and judicial authority by the occupying power.
4
FM 41-10-1962 Chapter I Paragraph 2 Definitions d. Civil Emergency. Emergencies affecting public welfare as a
result of enemy attack, insurrection, civil disturbance, earthquake, fire, flood, or other public disasters or equivalent
emergencies which endanger life and property or disrupt the usual process of government. (Emphasis by Petitioner)
5
(TWEA) with the Military Government (S) agents gross dereliction of U.S. Army duties in the
Community under the CINC defined by U.S. Anny Field Manual41-10-1962 based upon Hague
Regulations within, while that duty oscillates between the grey of Civil versus Martial Process

Transition "A" and "B" depicted in the Field Manual Diagram (see ExhibitS).
That the jurisdiction of this Court over the government in the United States and civil
responsibility is properly based upon the degree of military intrusion into the field of
government, and correspondingly, the scope of military authority, is circumscribed by the
necessities of the ongoing national emergency or time of war with martial law (6) provisions of
the EBRA I TWEA for extraordinary circumstances since March 6, 1933 beyond the control
capability of normal government officials in application of International Law (7); and whose duty
5
FM 41-10-1962 Chapter 1 Paragraph 2 Definitions- g. Military Government. Fonn of administration by which an

occupying power exercises executive, legislative, and judicial authority over occupied territory.
6
FM 41-10-62 Chapter 5 THE ARMY IN THE COMMUNITY .. Paragraph 70. Martial Law
(a.) Among the domestic emergency situations that may, depending on the necessities of the case, justifY recourse to
a regime of martial law are flood, earthquake, windstorm, tidal wave, fire, epidemic, riot, civil unrest, or other
extraordinary circumstances beyond the control capability of normal governmental officials. In such circumstances,
a military commander may, on instructions from higher authority, or on his own initiative, if the circumstances do
not admit of delay, take such action necessary to maintain law and order and assure the performance of essential
governmental services. As government in the United States is a civil responsibility. the degree of military intrusion
into the field of government and correspondingly. the scope of military authority. is circumscribed by the necessities
of the case. Civil and military officials in foreign states have similar powers with the extent of authority varying
from country-to-country and regime-to-regime. (Emphasis by Petitioner)
b. Although. in the U.S .. no declaration of martial law is necessary. it is customary for the President, the governor of
a state or territory. comparable officials of other political subdivisions. or the militarv commander in question. to
publish a Proclamation informing the people of the nature of the emergency and the powers which the military
authorities feel justified in assuming. Such proclamation by itself confers no authoritv on the militarv commander. It
does serve. however. to define the area of military control and the specific governmental functions and
responsibilities to be exercised by the military authorities. (Emphasis by Petitioner)
c. As martial law is a temporary, extraordinary regime, great care must be taken in drafting proclamations, orders,
instructions, regulations, or any other martial law directives, lest such pronouncements assert more authority than is
justified under the circumstances, fail to particularize the powers to be exercised, or have the effect of perpetuating
the emergency or enlarging its scope. For more detailed information concerning martial law, (see DA Pam 2711),
Lectures on Martial Law (1960), FNI 19-15, and AR 500-50. To the extent that they are applicable to domestic
emergencies the control techniques outlined in chapter 8 may be utilized.
7
FM 41-10-1962 Chapter I Paragraph 8. APPlication of International Law. (a.) International law is usually
regarded as having two branches, one dealing with the peaceful relations between states and the other concerned

with armed hostilities between states. This division is not. however. absolute. and there are many facets of
international relations that are difficult to regard as belonging to the law of peace or the law of war. Both branches as
6
falls upon the U.S. Anny Chief of Staffs (COS) authority over Civil Affairs Functions with civil
agency(s) and the cabinet of the CINC, with alleged dereliction of duty inter alia, for effective
civil government, public finance, legal due process< 8l that Petitioner sought a 28 USC 1651
well as the undefined grey area in between apply to civil affairs relations. The law of peace deals with such matters
as recognition of states and governments, jurisdiction, nationality, diplomatic protocol, the prerequisites for and
construction of international agreements, and, generally, the practices and standards observed by friendly states in
their mutual relations. Evidence of the law of peace is to be found in law making treaties, the decisions of
international and national judicial bodies, the writings of jurists, diplomatic correspondence, and other documentary
material concerning the practice of states. The law of peace is particularly relevant to define the rights and
obligations of a military force that is deployed in the territorv of an allied state not only where there is a civil affairs
agreement but also where there is no applicable agreement or with respect to matters on which such agreement is
silent. (Emphasis by Petitioner)
(b.) The law of war governs such matters as the conduct of hostilities on land, in the sea, and in the air; the status and
treatment of persons affected by hostilities, such as POW'S, the sick and wounded, and civilian persons; the
occupation of enemy territory, flags of truce, armistices and surrender agreements, neutrality, and war crimes. The
law of war is derived from two principal sources, law making treaties, such as the Hague and Geneva Conventions,
and custom, a body of unwritten 'aw that is firmly established by the practice of nations and well defined by
recognized authorities on international law. Ordinarily, a provision of an international agreement is binding on a
state only to the extent that it has ~onsented to be bound. However, a humanitarian principle enunciated in a law
making treaty is binding. (Emphasis by Petitioner)

(e.) Of these' agreements, the NATO Status of Forces Agreement is particularly significant because of the precedent
it has established concerning the law applicable to visiting military forces when they are in the territory of a friendly
state. The Hague Regulations are important because they are regarded as declaratory of law applicable between
belligerents. The 1949 Conventions supplement the Hague Regulations, which by their literal terns applied only to a
"war" between parties signatory thereto, by broadening the scope of the Treaty law to cover not only "war" but also
"any other armed conflict" and "any partial or total occupation," involving their signatories (see FM 27-10). An
international agreement of particular significance to CA personnel is the Convention for the Protection of Cultural
Property in the Event of Armed Conflict. The United States became a signatory to this agreement at the Hague in
1954. This Convention outlines the measures which armed forces shall take in the preservation of historical, cultural,
and scientific properties in any enemy territory. As CA personnel will have principal responsibility for measures to
be taken concerning cultural property, they should be thoroughly familiar with the legal obligations of the United
States respecting artistic objects, archives, monuments, shrines, and other types of cultural property. (Emphasis by
Petitioner)
8
FM 41-10-62 CHAPTER 2 CIVIL AFFAIRS FUNCTIONS Paragraph II Governmental Functions. Included in
this grouping of functions are those dealing with matters customarily involving governmental activity or control.
The general areas of concern include the organization and conduct of local government, political activities; review,
advice, or correction of civil officials in accordance with competent directives, and implementation of policy
decisions with respect to control or other relationships with government in the area of operations.
(a.) Civil Government. This function is concerned with the structure and conduct of local government. It
encompasses methods of establishing legislative and executive agencies from national to local levels and the
processes of these agencies in the administration of civil government. Included are such considerations as political.
parties, eligibility for franchise, elections, tenure, and all other aspects of the development and operation of the
apparatus of government. Commanders having area responsibility, their staffs, and CA units are charged, as
appropriate, with
(I) Surveying governmental organization at all levels .
(2) Surveying lines of authority and influence having impact on political matters.
7
(3) Analyzing effectiveness of existing agencies of government or social control.
(4) Studying effectiveness of governmental officials and employees and of other community leaders; removing

persons who are inimical to the United States or who are not in sympathy with its policies and objectives, and
securing the appointment of leaders who will further desired programs.
(5) Negotiating to gain support or cooperation for United States forces.
(6) Recommending organization, functioning, staffing, and authority of agencies of government or social control.
(7) Advising, conducting liaison with, supervising, controlling, or replacing organs of government.
(8) Participating on joint commissions, committees, or councils concerned with governmental affairs.
(b.) Legal. This function is concerned with the legal system of the area and the application of international law in
CA operations. Commanders having CA area responsibility, their staffs, and CA units are charged, as appropriate
withw
(1) Translation of the legal aspect of CA operations into plans and directives.
(2) Analysis and interpretation of the civil and criminal laws of the territory, particularly restraints imposed upon
the civil populace.
(3) Study of the organization of the judicial system including determination of legal status and jurisdiction of civil
courts and law.
(4) Review of the local organization of the bar and determination of reliability of its members.
(5) Examination of locally accepted forms of judicial procedure including rules of evidence and rights of the
accused.
(6) Assistance to commanders and staffs in the preparation of proclamations, ordinances, orders and directives,
and as otherwise may be required.

(7) The establishment of necessary civil affairs tribunals and other judicial and administrative agencies, including
their number, types, jurisdiction, procedures, and delegation of appointing authority.
(8) The closure or reopening of local tribunals, including courts, boards, and commissions; their jurisdiction,
organization and procedure, and the class of cases triable therein.
(9) Recommendations concerning the suspension or abrogation of laws and procedural rules applicable to .local
courts.
(10) Recommendations concerning the alteration, suspension, or promulgation oflaws to include civil legislation
for the government of the area in which military forces are deployed. It may be necessary to deny enforcement
effect to local legislation or to adopt new laws essential to the control of the area in question and the protection of
U.S. forces. Such legislation must conform to applicable provisions of U.S. law and international law as, for
example, the 1949 Geneva Civilian Convention.
(II) Supervision of the administration of civil and criminal laws by local officials.
(12) Provision of members for civil affairs tribunals.
(13) Review or administrative examination of cases tried inCA courts before referral to higher headquarters for

final review.
( 14) Arrangements for transmittal of civilian claims against the United States to the proper agency.
8
Writ of Mandamus and Injunctive Equity relief for Accusers personal damage caused by
malicious breach of contract by repeal of the 1933 Glass Steagall Act (9) protective firewall; and
(f.) Public Finance. This function is of vast importance in the conduct of economic welfare and economic
stabilization measures and assists in reducing support contributions by the United States. It includes control,
supervision, and audit of fiscal resources; budget practices, taxation, expenditures of public funds, currency issues,
and the banking agencies and affiliates. It is essential that the function be performed in an integrated and uniform
manner within each national area. Commanders having area responsibility, their staffs, and CA units may be charged
with tasks such as:
(I) Analysis of taxation systems and other sources of revenue, governmental expenditures, and estimates of
adequacy of public funds for performance of governmental functions.
(2) Review of public laws and agencies regulating banking and financing.
(3) Analysis of financial structures including types and conditions of financial institutions.
(4) Analysis of types and amounts of circulating currencies, acceptance by population of such currencies, and
current foreign exchange rates.
(5) Recommendations as to designation of type of circulating local currency.
(6) Recommendations as to provisions for military currency.
(7) Recommendations as to establishment of currency exchange rates.
(8) Establishment and enforcement of restrictions on exportation of currencies.
(9) Recommendations for control of foreign exchange.
(10) Establishment of controls over budget, taxation, expenditures, and public funds and determination of
appropriate fiscal accounting procedures.
(11) Reestablishment or revision of taxation systems in accordance with policy directives.
(12) Liquidation, reorganization, opening, or closing of banks.
(13) Supervision over credit and provisions for credit needs.
(14) Regulation or supervision of governmental fiscal agencies, banks, credit cooperatives, and other financial
institutions.
(15) Recommendations for advances of funds to governmental or private financial institutions.
(16) Recommendations as to emergency declaration of debt suspensions for specific types of debts.
(17) Recommendations for protection of public and private financial institutions and safeguarding funds,
securities, and financial records.
9
That according to Petitioners associate British Intelligence Expert Michael Shrimpton, the theft is interrelated with
crimes accomplished by the post 1945 German Military Intelligence racketeering enterprise, Deutscher
Verteidigungs Dienst (DVD) based in Dachau Germany, see SPYHUNTER: The Secret History of German
Intelligence published by June Press in 2014, whose Red Chinese agents operate as do their North Korean and
Vietnam mis-adventures still operative, and having promulgated the 1999 Gramm-Leach-Bliley Act repeal of much
of the Glass-Steagall Act. a.k.a. the Banking Act of 1933 (48 Stat. 162), during which time in the Clinton White
House attorney J. Paul Oetken enabled merging of Commercial with Investment Bank investments for DVD I Red
9
that the resultant damage burdens Petitioner(s) as a class, e.g. those humans registered as the
surety in commerce as the Public U.S. Citizen indenture by adhesion contract uniformly bundled
to guarantee the public debt accrued before 1999.

Petitioner(s) I Accusers demanded a de novo rev1ew of the Military Government
culpability in the taking by breach of contract under the 84 year long emergency of the
Emergency Banking Relief Act (EBRA) that brought inland the Trading with the Enemy Act
(TWEA) and the dozens of annually renewed emergencies or time of war along with the EBRA I
TWEA available remedies under Title 50; and in that Petitioners have exhausted administrative
remedies to no avail in the United States District Courts for the Southern District of New York
(SDNY) 15-cv-6817 (with Second Circuit Appeal 15-3199) and Middle District of Pennsylvania
(MDPA) 15-cv-2328) efforts to separate out their private national citizen non-combatant status

from the commingled derivative debt liability taking theft imposed upon Public US Citizens by
the unbridled speculative investment since 1999; and as the EBRA special trust funds under
Executive Orders 2039 and 2040 were safely invested as the collateral for the U.S. Public debt
had previously been separate from speculative investment under the control of the U.S. Treasury
Comptroller of the Currency (COC) with use of the Exchange Stabilization Fund, being
compartmentalized and protected from the Depository Trust & Clearing Corporation (DTCC)
whose subsidiaries etal. use the EBRA I TWEA for unjust enrichment since 1999 during the
ongoing national banking emergency or time of war. It is contended herein that Defendants
harboring during a time national emergency or time of war falls under Federal authority.
Chinese looting of up till then safely separated private trusts with all of the names registered in commerce including
Undersigned's property as is historically used in the decennial percapita NAMES in commerce as collateral
guarantee for the National debt since 1933 rather than constitutional money per se, and that the theft was discovered
by the FBI Senior Special Agent investigation of the 2008 DTCC's crafted so-called Derivative I Mortgage collapse
that involves the criminal cover up of the Certificates of Birth collateral security wtderlying the very risky
investment derivatives used after 1999 by DTCC Etal. the perpetrators.
10
As such, to the extent that Petitioner does not seek monetary damages per se, the Alien
Property Custodian of this respective Court District has not been notified; however, were the
Court to find evidence of unjust enrichment by collusion under the EBRA I TWEA that rightly is
a Federal issue under the ongoing Emergency, then notice would have to issue accordingly.
BACKGROUND ON THE NATIONAL EMERGENCY

The determination of the existence of a state of war by the political department of the
government is conclusive upon the courts, and of this determination the courts must take judicial
notice. (IO) That by operation of law the pre-existing and current National Emergency Mandates
published in the Federal Register by the resident Commander-In-Chief under: the EBRA of
10 American Jurisprudence, Second Edition Copyright 2010 West Group John Kimpflen, J.D. War I. In General
78 Am Jur 2d War 5 Proo(o(existence ofstate of war: political nature o[question:
The normal state of nations is one of peace, benevolence, and friendship, and this must always be presumed
to subsist among nations. One who founds a claim upon the rights of war must prove that the peace was broken by
some national hostili!r, and war commenced; mere conjecture, supposition, and possibility can render no competent
evidence ofthe fact. n Whether war exists in its legal sense at any given time is a matter to be determined solely by
the political department of the government.
112
The determination oj' the existence of a state of war by the political department of the government is
4
conclusive upon the courts, n and ofthis dekrmination the courts must take judicial notice. " The court will take
judicial notice of the entry of the country into war and of an executive order taking over vessels of the enemy found
in its ports. n5 After a foreign nation officially recognizes the existence of Civil War, one of its subjects is estopped
to deny the existence of such war. "6 (emphasis added by Petitioner)
FOOTNOTES:
nl Marks v. U.S., 31 Ct. Cl. 453, 161 U.S. 297, 16 S. Ct. 476,40 L. Ed. 706 (1896).
n2 Ludecke v. Watkins, 335 U.S. 160, 68 S. Ct. 1429, 92 L. Ed. 1881 (1948); In re Wulzen, 235 F. 362 (S.D. Ohio
1916); Beley v. Pennsylvania Mut. Life Ins. Co., 373 Pa. 231, 95 A.2d 202,36 A.L.R.2d 996 (1953). The war with
Japan commenced not on the date of the surprise attack on Pearl Harbor, but on the day after, when Congress
officially declared war on Japan. West v. Palmetto State Life Ins. Co., 202 S.C. 422, 25 S.E.2d 475, 145 A.L.R.
1461 (1943).
n3 Matthews v. McStea, 91 U.S. 7, 23 L. Ed. 188 (1875); The Neustra Senora de Ia Caridad, 17 U.S. 497,4 L. Ed.
624 (1819); Beley v. Pennsylvania Mut. Life Ins. Co., 373 Pa. 231,95 A.2d 202,36 A.L.R.2d 996 (1953); West v.
Palmetto State Life Ins. Co., 202 S.C. 422,25 S.E.2d 475, 145 A.L.R. 1461 (1943); State ex rei. Mays v. Brown, 71
W.Va. 519, 77 S.E. 243 (1912).
n4 The Amy Warwick, 67 U.S. 635, 17 L. Ed. 459 (1862); In re Wu1zen, 235 F. 362 (S.D. Ohio 1916); O'Neill v.
Central Leather Co., 87 N.J.L. 552, 94 A. 789 (N.J. Ct. Err. & App. 1915), aff'd, 246 U.S. 297, 38 S. Ct. 309, 62 L.
Ed. 726 (1918); Sutton v. Tiller, 46 Tenn. 593,6 Cold. 593, 1869 WL 2594 (1869). nS The Kaiser Wilhelm II, 246
F. 786 (C.C.A. 3dCir. 1917).
n6 The Amy Warwick, 67 U.S. 635, 17 L. Ed. 459 (1862).
REFERENCE: West's Key Number Digest, War and National Emergency [westkey]l, 2, 6, 9, 10(1), (2), 33;
U.S.C.A. 2441; 28 U.S.C.A. 1350 note; 102-256; L.R. Digest: War and Civil Defense 1, 3; .L.R. Index: War
West's Key Number Digest, War and National Emergency [westkey]1, 7
11
March 9, 1933 brought inland jurisdiction of The Trading with the Enemy Act of October 6,
1917, CH. 106, 40 STAT. 411 (TWEA) by operation of Executive Orders: 2039
1933 and 2040 (rz) of9 March 1933, e.g. 12 USC 95(a): Title 50 Chapter 53 previously by 50
(Ill of 6 March
USC App. 5(b}, still a National Emergency of the Executive by perpetual authorization of
Congress with 12 USC 95(b)(IJ); and that with four other Emergencies are still in effect <4>, WE
are according to the US Senate Report 93-549 have a temporary military government under a
continual national emergency occupation, stated:
"Since March 9, 1933, the United States has been in a state of declared national
emergency. In fact, there are now in effect four presidentially proclaimed states of
national emergency: In addition to the national emergency declared by President
Roosevelt in 1933, there are also the national emergency proclaimed by President
Truman on December 16, 1950, during the Korean conflict, and the states of national
emergency declared buy President Nixon on March 23, 1970 and August 15, 1971;
"These proclamations give force to 470 provisions of Federal law. These hundreds of
statutes delegate to the President extraordinary powers, ordinarily exercised by the
11
Executive Order 2039 created the perpetual private trusts on March 6, 1933 mandated : " ...the Secretary of the
Treasury. with the approval of the President and under such regulations as he may prescribe. is authorized and
empowered (a) to permit any or aJI of such banking institutions to perform any or all of the usual banking functions,
(b) \o direct, require or-permit the issuance of clearing house certificates or other evidences of claims against assets
of banking institutions , and {c) to authorize and direct the creation in such banking institutions of special trust

accounts for the receipt of new deposits which shall be subject to withdrawal on demand without any restriction or
limitation and shall be kept separately in cash or on deposit in Federal Reserve Banks or invested-in obligations
ofthe United States." (emphasis added by Petitioner)
12
Executive Order 2040 created the perpetual temporary Military Government on March 9, 1933 mandated: " ... in
view of such continuing national emergency and by virtue of the authority vested in me by Section 5 (b) of the Act
of October 6, 1917 (40 Stat. L 411), as amended by the act of March 9, 1933, do hereby proclaim, order, direct and
declare that all the terms and provisions of said Proclamation of March 6, 1933, and the regulations and orders
issued there under are hereby continued in full force and effect until further proclamation by the President..."
(emphasis added by Petitioner)
13
That 12 USC 95(a): 50 USC App. S(b) with Executive Orders 2039 and 2040 as the law of the land approved
by Congress under 12 USC 95(b) and as for all current and related " ... actions, regulations, rules, licenses, orders
and proclamations heretofore or hereafter taken, promulgated, made, or issued by the President ofthe United States
or the Secretary ofthe Treasury since March 4. 1933, pursuant to the authority conferred by section 95a of this title,
are approved and confirmed." (emphasis added by Petitioner)
14
See quote: The purpose of the TWEA was to "define, regulate and punish trading with the enemy." Section S(b)
of the original act gave the President power to regulate or prohibit trans.actions in foreign exchange and currency,
and transfers of credit or property with any foreign country or the resident of any foreign country during war. This
section has been amended four times. In 1933 Section 5(b) was amended to provide that its authorities could be used

in time of a national emergency declared by the President; previously, the grants of power could be used only during
wartime. President Roosevelt cited the emergency authority of S(b) to declare a bank holiday during the depression.
The national emergency declared by Roosevelt is still in effect today. (emphasis added by Petitioner)
12
Congress, which affect the lives of American citizens in a host of all~encompassing

manners. This vast .range of powers, taken together,. confer enough authority to rule the
country without reference to normal Constitutional process"
"Under the powers delegated by these statutes, the - President may: seize property;
organize and control the means of production; seize commodities; assign military forces
abroad; institute martial law; seize and control all transportation and communication;
regulate the operation of private enterprise; restrict travel; and, in a plethora of particular
ways, control the lives of all American citizens ... "
and when combined with The Emergency Powers Act of Sept. 14, 1976 PL 94-412 90 Stat. 1255,
that expressly retained 12 USC 95(a) with 50 USC Appendix 5(b) of Chapter 53 at Section
502(a)(l) with The International Emergency Economic Powers Act (IEEPA) (50 U.S.C. 1701~
1707) enacted on December 28, 1977 requires that the 12 USC 95(a) amended 50 USC App.
5(b) be repealed as to new emergency proclamations unless specified, both enactments make
sure the EBRA remains the law of the land over banking and international commerce cited by
Maryland Journal of International Law Vol. 3 Issue 2 Article 11 "Amendments to the Trading
With the Enemy Act" and the Congressional Research Service Report to Congress
"National Emergency Powers" update September 18, 2001; and maintains and further triggers
98~505
the oscillating vice-a-versa A not 8, civil versus military (shown in ExhibitS), imposition of the
ill~defined civil affairs plausible denial of emergency occupation of the territories of the United
States of America with use of the Laws of War: Laws and Customs of War on Land (Hague IV)
of October 18, 1907, especially Section III Military Authority Over the Territory of the Hostile
State Articles 42 through 56; and this serves as Petitioners' complaint that invokes the Uniform
Code of Military Justice and related law, based upon the use of the Constitution of the United
States of America using definitions of The Law ofNations, by Emer de Vattel in 1758.
Emergency jurisdiction according to the 5 May 2016 USCAAF Order shown as Exhibit R
clarifies the March 4, 2013, 80"' FDR Inauguration Anniversary, Order by the NYS Supreme
,. Court Appellate Division that denies provision of Civil Due Process. and confirms Martial Due
13
Process (see Exhibit Q); but, reassures proper jurisdiction is in this Court absent Martial law
and/or were E.O. 2040 revoked- however, AR 840-10 rules for Display of the National Flag
consistent with the Hague Convention requires proper display without gold fringe or with < 5>.

COMBINED RESPONSE INTRODUCTION
This case has a set of circumstances that are all encompassing in a scope that goes to the
very foundation of the self determination of this Nation State that is of, for and by the People per
se, and mandates that this much larger and complicated controversy by necessity empanel a three
judge court not to be left to a single Judge. However, as a matter of scale, this case is comparable
to the lesser circumstance posed by the class of those directors /agents of Mohawk Industries Inc.
in re Mohawk Industries. Inc. v. Williams (05-465) appealed from: 11th Circuit Court of Appeals
with SCOTUS Oral argwnent: Apr. 26, 2006, in which Mohawk Industries had been accused of
harboring and hiring illegal aliens in violation of the RICO Act (I 6>. The action before this Court
must consider the scope of personal injury to Plaintiff along with those among his class similarly
situated as Private National Citizens of the USA as to the nature of economic and social harm
and injury inflicted upon Undersigned as a National Citizen, Republican Party Member and

exclusively as a Private Citizen of the State ofNew York domiciled individually quite apart and
15
Every court, state and federal, flies military colors pursuant to AR 840-10 inside their courthouses within their
geographic jurisdictions of the United States; ... however, such display inside appears as an actual constructive fraud
and deception in contravention to the laws of military occupation unless flown outside with the same configuration
(gold fringe or otherwise) as required under the Hague Convention, Article 23:
" ... ,it is especially forbidden ... To make improper use ... of the national flag ... :To declare abolished, suspended,
or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise
forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own
country, even if they were in the belligerents service before the commencement of the war."
16
To establish a RICO violation, Mohawk's employees had to show that Mohawk and its third-party recruiting
agencies constituted an "enterprise" within the scope of RICO. Therein the district court held that Mohawk's
collaboration with the third-party recruiters sufficiently established an enterprise. The Eleventh Circuit afflfllled, and
the Supreme Court granted certiorari to detennine whether a defendant corporation and its agents can constitute an
enterprise under RICO, in light of the rule that a defendant must "conduct" or "participate in" the affairs of some

larger enterprise and not just its own affairs. If the Court affinns, the scope of the enterprise element would be vastly
,-- widened, exposing more corporations to RICO liability. But if the Court reverses, the government may find it more
difficult to use RICO to control corporations and other similar entities where immigration violations are alleged.
14
separate from the Defendants' Counsels who are part of the opposition Congressional Military
Industrial Government Complex whose employees benefit from the use of illegal aliens as the
political I social class alone and hereinafter known as "the Enterprise Machine"; and whose 8
USC 1324 violations and conspiracy cause harm as is then further compounded in Mohawk
Industries. Inc. v. Carpenter, 558 U.S. 100 (2009) as the United States Supreme Court case in
which the Court held that disclosure orders adverse to attorney client privilege do not qualify for
immediate appeal under the collateral order doctrine; of note as to the George Soros funded
notorious National Council of La Raza organization (see Exhibit Z) that harbors alien scofflaws
with the affiliated terrorist Atzlan group in the U.S. Southwest and California, wherein La Raza's
long time board member Justice Sonia Sotomayor authored her first Supreme Court opinion that
is notable, in that in addition, this is the first time a Supreme Court opinion legislated from the
bench in her impeachable outrageous defiance to the express Congressional language of Title 8
intent, used the term "undocumented immigrant" beyond the oxymoronic term "illegal
immigrant" having appeared in a dozen earlier opinions.
Jury deliberation as to the infliction of harm imposed upon Plaintiff along with those
similarly situated as US Citizens must consider these provisions of Title 8, U.S.C. 1324(a)
Offenses (https:l/wwwjustice.govlusamlcriminalresourcemanuall907title8uscl324aoffenses):
Harboring Subsection 1324(a)(l)(A)(iii) makes it an offense for any person who knowing or
in reckless disregard of the fact that an alien has come to, entered, or remains in the United
States in violation of law, conceals harbors, or shields from detection, or attempts to
conceal, harbor, or shield from detection, such alien in any place, including any building or
any means of transportation.
Encouraging/Inducing Subsection 1324(a)(l )(A)(iv) makes it an offense for any person who
15
encourages or induces an alien to come to, enter, or reside in the United States, knowing or
in reckless disregard of the fact that such coming to, entry, or residence is or will be in
violation of law.

Conspiracy/Aiding or Abetting Subsection 1324(a)(1)(A)(v) expressly makes it au offense
to engage in a conspiracy to commit or aid or abet the commission of the foregoing offenses.
POINTS OF CONTROVERSY
With leave of the Court, for brevity Undersigned combines the Plaintiffs Response to
Defendants' respective Motion to Dismiss in sequence (e.g. CA, NYS, NYC, USA) with the
above Caption, as to each Defendant's argument in favor of a Fourteenth Amendment imposed
proportionate reduction of California, New York I city of New York U.S. House members, for:
I. State and or any municipal State agent actions to harbor illegal aliens as if domiciliary U.S.
Citizens similarly situated with exclusive privileges and immunities that infringe rights by
II.
invidious discrimination despite violations of 18 USC 1091(a) and 8 USC 1324;
CA State I Democratic Party biased non/mis/malicious action cause rights infringement by
invidious discrimination against Plaintiffs expectation of a uniform ballot as a matter of

equal speech treatment to those similarly situated in support of the TRUMP-PENCE elector
slate in California (CA) on 8 Noveinber 2016 as a compelling state interest;
III. NYS I NYC State I Democratic I Republican Party biased nonlmislmalicious action cause
rights infringement by invidious discrimination against Plaintiffs expectation of a uniform
ballot as a matter of equal treatment denied to those U.S. Citizens similarly situated in
suppnrt of the JOHNSON-WELD elector slate in New York 8 November 2016;
IV. State actor insurrection using illegal aliens for secession from the Union as invidious
discrimination against National and State U.S. Citizens similarly situated; and the mandated
16
V. Federal Trustee Fiduciary dutv to Plaintiff along with those similarly situated to enforce
within six (6) months an accurate record of the 2016 POTUS Election Cycle and or the
impact of the vote as a result of State and or municipal State agent malicious actions to
harbor illegal aliens as if domiciliary U.S. Citizens with exclusive privileges and
immunities; and heretofore infringement of rights by invidious discrimination against those
similarly situated challenge to the Senate's President fiduciary duty to the Law of the Land.
PLAINTIFF'S THREE JUDGE PANEL QUESTIONS PRESENTED
Is there a Federal Question?
State and or Municipal illegal alieo Harboring prohibited by 8 USC 1324
o interferes with the privileges and immunities of a National Citizen, Republican and
Citizen ofNew York too?
o obfuscates the purpose of full faith and credit provisions uses documents to facilitate
impersonation of a domiciliary US Citizen with exclusive liberties?
o Registers illegal aliens under NVRA I HAVA then with CA-AB 1461 held harmless?
o on 8 November 2016 provide "provisional ballots" under HAVA to say 750,000
persons under seal of whom 400,000 were recorded to have voted by absentee ballot?
o hires the counter revolutionary Eric Holder to resist disclosure of harboring?
o the San Francisco municipality elects not to aid thi:: Joint anti-terrorist task force?
o schedules a referendum election for the secession of the state from the Union?
o fail to provide for a Constitutional republican form of government?
State of California Election Code 690 1 (171 with related code sanctions out of state American
Iodepeodent Party (AlP) POTUS Electors at the 8 November 2016 General Election that
17
California Electioos Oxie Sectioo 6901: Whenever a political party, in accordance with Section 7100, 7300, 7578,
or 7843, submits to the Secretary of State its certified list of nominees for electors of President and Vice President
17
triggers a privilege and immunities protection requirement for a National Citizen, Republican
and resident Citizen of New York too?
Sacramento County is the ONLY County to apply Election Code for legal POTUS Elector

slate ballots at the 8 November 2016 General Election- thereby nullifies the election? and or
The TRUMP-PENCE slate wins statewide with vote overage of say over 312,000 votes? etc.
Is there 8 USC 1324 Harboring of illegal aliens by the State and or municipality?
ARIZONA v. UNITED STATES 9th Circuit 641 F. 3d 339, affirmed in part, reversed in part, and
remanded. Held quote:
I. The Federal Government's broad, undoubted power over immigration and alien status
rests, in part, on its constitutional power to "establish an uniform Rule of Naturalization,"
Art. I, 8, cl. 4, and on its inherent sovereign power to control and conduct foreign
relations, see Toll v. Moreno 458 U.S. 1
(http://www.law.cornell.edu/supremecourtl/text/458/l). Federal governance is extensive
and complex. Among other things, federal law specifies categories of aliens who are
ineligible to be admitted to the United States, 8 U. S. C. 1182); requires aliens to register
with the Federal Government and to carry proof of status, l304(e), 1306(a); imposes
sanctions on employers who hire unauthorized workers, 1324a; and specifies which
aliens may be removed and the procedures for doing so, see 1227.
Removal is a civil matter, and one of its principal features is the broad discretion
exercised by immigration officials, who must decide whether to pursue removal at all.
Immigration and Customs Enforcement (ICE), an agency within the Department of
Homeland Security, is responsible for identifying, apprehending, and removing illegal
aliens. It also operates the Law Enforcement Support Center, which provides immigration
status information to federal, state, and local officials around the clock. Pp. 2-7.
2. The Supremacy Clause gives Congress the power to preempt state law. A statute,may
contain an express preemption provision, see, e.g., Chamber of Commerce of United
States o(America v. Whiting, 563 U. S. _ . _ , but state law must also give way to
federal law in at least two other circumstances. First, States are precluded from regulating
conduct in a field that Congress has detennined must be regulated by its exclusive
governance. See Gade v. National Solid Wastes Management Assn., 505 U. S. 88
(http://www.law.corne1l.edu/supremecourtl/text/505/88). Intent can be inferred from a
framework of regulation "so pervasive . , . that Congress left no room for the States to
supplement it" or where a "federal interest is so dominant that the federal system will be
assumed to preclude enforcement of state laws on the same subject." Rice v. Santa Fe
of the United States, the Secretary of State shall notify each candidate for elector of his or her nomination by the

party. The Secretary of State shall cause the names of the candidates for President and Vice President of the
several political parties to be placed upon the ballot for the ensuing general election.
18
Elevator Corp., 331 U.S. 218 (http://www.law.cornell.edu/supremecourt//text/331/218).

Second, state laws are preempted when they conflict with federal law, including when
they stand ..as an obstacle to the accomplishment and execution of the full purposes and
objectives of Congress." Hines v. DaVidowitz,
(http://www.law.corne1l.edu/supremecourt//text/312/52). Pp. 7-8.
312 U. S. 52
ARGUENDO: circumstances referenced above and the Petition with Complaint, Undersigned
among those similarly situated have a direct interest in the California November 8, 2016 general
election with four (4) out-of-state Tnnnp-Pence Electors, and each National Citizen I Republican
status under the jurisdictional equal protection of the state of California substantive due process.
Is there a breach of fiduciary duty that is a ripe substantial constitutional claim?
There is a pattern of malicious action by California with prima facie proof starting at the 1996
General Election of Federal officers as to then California State resident Robert K. Dornan, a
National Citizen along with Undersigned, and who according to his Affidavit of March 5, 2017
is a Virginia State Resident (see Exhibit U) supports the causes of action complained of as to
California Defendants with sufficient probable cause evidence of harm and rights infringement.
Is there a substantial constitutional claim?
"[C]onstitutional claims will not lightly be found insubstantial for purposes of" the three-
judge-court statute. Washinzton v. Confederated Tribes of Colville Reservation, 447 U.S. 134,
147-148 (1980). The Fourteenth Amendment (was ratified by New York on January 10, 1867
and by California on May 6, 1959), particularly its first section, is one of the most litigated parts
of the Constitution, forming the basis for landmark decisions such as Brown v. Board of
Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v.
Gore (2000) regarding the 2000 presidential election. The amendment limits the actions of all
state and local officials, including those acting on behalf of such an official.
19
Is there a malicious failure of Defendants to enforce its Election Law or Code at the
POTUS election and such constitute a basis for a 14th Amendment infringement violation?
The amendment's first section includes several clauses: the Citizenship Clause, Privileges

or Immunities Clause, Due Process Clause, and Equal Protection Clause. The Citizenship Clause
provides a broad definition of citizenship, overruling the Supreme Court's decision in Dred Scott
v. SandfOrd (1857), which had held that Americans descended from African slaves could not be
citizens of the United States, thereafter resolved by the Civil War the 13th 14th and 15th
Amendments to the Constitution as relate to the Civil Rights Act of1866.
Is there a Privileges or Immunities Clause infringement violation?
The Privileges or Immunities Clause protects the privileges and immunities of national
citizenship from interference by the states, was patterned after the Privileges and hnmunities

Clause of Article IV, [Berger, Raoul (1997). Government by Judiciary: The Transformation of
the Fourteenth Amendment (2nd ed.). Indianapolis: Liberty Fund. p. 58. ISBN 0865971447]
which protects the privileges and immunities of state citizenship from interference by other
states. In the Slaughter House Cases 83 U.S. 36 (1873), the Supreme Court concluded that the
Constitution recognized two separate types of citizenship -"national citizenship 11 and "state
citizenship11-and the Court held that the Privileges or Immunities Clause prohibits states from
interfering only with privileges and immunities possessed by virtue of national citizenship. The
Court concluded that the privileges and immunities of national citizenship included only those
rights that 11
owe their existence to the Federal government, its National character, its
Constitution, or its laws. 11 The Court recognized few such rights, including access to seaports and
navigable waterways, the right to run for federal office, the protection of the federal government
while on the high seas or in the jurisdiction of a foreign country, the right to travel to the seat of
20
government, the right to peaceably assemble and petition the government, the privilege of the
writ of habeas corpus, and the right to participate in the government's administration. This
decision has not been overruled and has been specifically reaffirmed several times; and largely as
a result of the narrowness of the Slaughter House opinion, that lay dormant for a century.
The Due Process Clause prohibits state and local government officials from depriving
persons of life, liberty, or property without legislative authorization. This clause has also been
used by the federal judiciary to make most of the Bill of Rights applicable to the states, as well as
to recognize substantive and procedural requirements that state laws must satisfy.
Is there a Full Faith and Credit Clause infringement violation?
Application of State actor doctrine, Individual liberties guaranteed by the United States
Constitution, other than the Thirteenth Amendment's ban on slavery, protect not against actions
by private persons or entities, but only against actions by government officials. Regarding the
Fourteenth Amendment, the Supreme Court ruled in Shelley v. Kraemer (1948): "[T]he action
inhibited by the first section of the Fourteenth Amendment is only such action as may fairly be
said to be that of the States. That Amendment erects no shield against merely private conduct,
however discriminatory or wrongful." The court added in Civil Rights Cases (1883): "It is State
action of a particular character that is prohibited. Individual invasion of individual rights is not
the subject matter of the amendment. It has a deeper and broader scope. It nullifies and makes
void all State legislation, and State action of every kind, which impairs the privileges and
immunities of citizens of the United States, or which injures them in life, liberty, or property
without due process of law, or which denies to any of them the equal protection of the laws."
Vindication of federal constitutional rights are limited to those situations where there is
"state action" meaning action of government officials who are exercising their governmental
21
power. In Ex parte Virginia (1880), the Supreme Court found that the prohibitions of the
Fourteenth Amendment
"have reference to actions of the political body denominated by a State,

by whatever instruments or in whatever modes that action may be taken. A State acts by
its legislative, its executive, or its judicial authorities. It can act in no other way. The
constitutional provision, therefore, must mean that no agency of the State, or of the
officers or agents by whom its powers are exerted, shall deny to any person within its
jurisdiction the equal protection of the laws. Whoever, by virtue ofpublic position under
a State government, deprives another ofproperty, life, -or liberty, without due process of
law, or denies or takes away the equal protection of the laws, violates the constitutional
inhibition; and as he acts in the name and for the State, and is clothed with the State's
power, his act is that ofthe State."
The Equal Protection Clause requires each state to provide equal protection under the law to all
people within its jurisdiction. This clause has been the basis for many decisions rejecting
irrational or unnecessary discrimination against people belonging to various groups.
As a matter of equal protection does a state have a compelling duty to provide an illegal
alien with a drivers license and or suffrage privilege and or immunity?
Given the above referenced circumstances along with the Petition with Complaint, the
second, third, and fourth sections of the 14th amendment are seldom litigated. However, the

second section's reference to "rebellion and other crime" has been invoked as a constitutional
ground for felony disenfranchisement herein with available remedy not least of which is
proportionate reduction of House seats, bar from holding office, claw back of stolen funds and or
segregation of ill-gotten gains and or debt from any obligation of righteous citizens.
The fifth section gives Congress the power to enforce the amendment's provisions by
"appropriate legislation". However, under City of Boerne v. Flores (1997), Congress's
enforcement power may not be used to contradict a Supreme Court interpretation of the
amendment as applies to the decision of a Three Judge Court trial and findings.
22
Does the scope of harm that is ripe, escape review warrant a Three judge Panel?
In that there are several Federal questions along with substantial Constitutional claims
raised above in support of the Petition with Complaint that requires readily available punishment
and relief that according to Congress only a Three Judge Court is able to reapportion the
remaining House seats in preparation for the 2018 interim election and or reapportionment of
House district that would otherwise be elected at large until the Census enumeration of 2020; and
for the above and further reasons Undersigned contends that with the affidavit of Robert K.
Doman proving a pattern of malicious infringement that there is a substantive request for Three
Judge Court with 28 USC 2284 for enforcement of the provisions of the Fourteenth
Amendment as to all defendants subject to the further and different reason and proof provided in
the Undersigned's response to the Defendants Motions to Dismiss due on April 19, 2017.
Plaintiffs preliminary argument as to Eleventh Amendment and immunity exceptions

The Eleventh Amendment enactment did not contemplate a National Citizen per se (only
state citizens and or foreign nationals), and is affected by the enactment of the 14th
Amendment creation of National Citizen status involving a different set of privileges and
immunities under a federal question.
Interpretation of the 11th Amendment is modified when the USA has been under a
continuous 84 year national banking emergency relief since 1933 requiring provision of
Administrative Marital Due Process rather than Civil due process per se, and whereby
States are defacto corporate trustees over property/ process for the emergency military
government under the Commander-in-chief- evidenced by fringe on the flag argument
that violates the Hague Treaty Article 23 uniformity when flown inside is absent outside.
State actor malice and insurrection bad faith not protected by 11th Amendment immunity
23

CA affords out of state electors and therefore equal protection jurisdiction - standing
applies using New York Long-arm doctrine argument regarding close dealing.
CA I NY I NYC abrogated 11th inununity in that it facilitated illegal aliens to vote thereby

fall directly under Article I Congressional prohibitions under 8 USC 1324
CA I NY I NYC abrogated 11th immunity in that it facilitated illegal aliens to obtain
licenses then used to vote and impersonate a U.S. Citizen thereby fall directly under
Article III jurisdiction under the interstate commerce clause
Congressional withdrawal of inununity prohibitions under 8 USC 1324, NVRA, HAVA
creates waiver of immunity
IF IT PLEASE THE COURT PLAINTIFF PROVIDES excerpts on the AMENDMENT I I -

SUITS AGAINST STATES starting from page 1772 thru Page 1781 TAKEN FROM THE
!12th Congress -SENATE" 2nd Session- DOCUMENT No. 112-9: THE CONSTITUTION
of the UNITED STATES OF AMERICA- ANALYSIS AND INTERPRETATION Centennial
Edition INTERIM EDITION: ANALYSIS OF CASES DECIDED BY THE SUPREME
COURT OF THE UNITED STATES TO JUNE 26, 2013 PREPARED BY THE
CONGRESSIONAL RESEARCH SERVICE
Congressional Withdrawal of Immunity .-The Constitution grants Congress power to
regulate state action by legislation. At least in some instances when Congress does so, it may
subject the states themselves to suit by individuals to implement the legislation. The clearest
example arises from the Civil War Amendments, which directly restrict state powers and
expressly authorize Congress to enforce these restrictions through appropriate legislation.<ts)
Thus, ''the Eleventh Amendment and the principle of state sovereignty which it embodies ... are
18
88 Fitzpatrick v. Bitzer, 427 U.S. 445 (1976); Hutto v. Finney, 437 U.S. 678 (1978); City of Rome v. United
States, 446 U.S. 156 (1980). More recent cases affirming Congress's 5 powers include Pennhurst State School &
Hosp. v. Halderman, 465 U.S. 89, 99 (1984); Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 238 (1985); and
Dellmuth v. Muth, 491 U.S. 223,227 (1989).
24
necessarily limited, by the enforcement provisions of 5 of the Fourteenth Amendment." (t 9)
The power to enforce the Civil War Amendments is substantive, however, not being
limited to remedying judicially cognizable violations of the amendments, but extending as well
to measures that in Congress's judgment will promote compliance.< 20) The principal judicial
brake on this power to abrogate state immunity in legislation enforcing the Civil War
Amendments is the rule requiring that congressional intent to subject states to suit be clearly
stated.<21) In the 1989 case of Pennsylvania v. Union Gas Co./12) the Court-temporarily at
least-ended years of uncertainty by holding expressly that Congress acting pursuant to its
Article I powers (as opposed to its Fourteenth Amendment powers) may abrogate the Eleventh
19
89 Fitzpatrick v. Bitzer, 427 U.S. 445, 456 (1976) (under the Fourteenth Amendment, Congress may ''provide for
private suits against States or state officials which are constitutionally impermissible in other contexts.").
20
90 In Maher v. Gagne, 448 U.S. 122 (1980), the Court found that Congress could validly authorize imposition of
attorneys' fees on the state following settlement of a suit based on both constitutional and statutory grounds, even
though settlement had prevented determination that there had been a constitutional violation. Maine v. Thiboutot,
448 U.S. I (1980), held that 1983 suits could be premised on federal statutory as well as constitutional grounds.
Other cases in which attorneys' fees were awarded against states are Hutto v. Finney, 437 U.S. 678 (1978); and New
York Gaslight Club v. Carey, 447 U.S. 54 (1980). See also Frew v. Hawkins, 540 U.S. 431 (2004) (upholding
enforcement of consent decree).
21
Even prior to the tightening of the clear statement rule over the past several decades to require express legislative
language (see note and accompanying text, infra), application of the rule curbed congressional enforcement.
Fitzpatrick v. Bitzer, 427 U.S. 445 451-53 (1976); Hutto v. Finney, 437 U.S. 678,693-98 (1978). Because of its
rule of clear statement, the Court in Quem v. Jordan, 440 U.S. 332 (1979), held that in enacting 42 U.S.C. 1983,
Congress had not intended to include states within the term "person" for the purpose of subjecting them to suit. The
question arose after Monell v. New York City Dep't ofSocia1 Services, 436 U.S. 658 (1978), reinterpreted "person"
to include municipal corporations. Cf Alabama v. Pugh, 438 U.S. 781 (1978). The Court has reserved the question
whether the Fourteenth Amendment itself, without congressional action, modifies the Eleventh Amendment to
permit suits against states, Milliken v. Bradley, 433 U.S. 267, 290 n.23 (1977), but the result in Milliken, holding
that the Governor could be enjoined to pay half the cost of providing compensatory education for certain schools,
which would come from the state treasury, and in Scheuer v. Rhodes, 416 U.S. 232 (1974), permitting imposition of
damages upon the governor, which would come from the state treasury, is suggestive. But see Mauclet v. Nyquist,
406 F. Supp. 1233 (W.D.N.Y. 1976) (refusing money damages under the Fourteenth Amendment), appeal dismissed
sub nom. Rabinovitch v. Nyquist, 433 U.S. 901 (1977). The Court declined in Ex parte YoWlg, 209 U.S. 123, 150
(1908), to view the Eleventh Amendment as modified by the Fourteenth.
22
491 U.S. 1 (1989). The plurality opinion of the Court was by Justice Brennan and was joined by the three other
Justices who believed Hans was incorrectly decided. See id. at 23 (Justice Stevens concurring). The fifth vote was
provided by Justice White, id. at 45, 55-56 (Justice White concurring), although he believed Hans was correctly
decided and ought to be maintained and although he did not believe Congress had acted with sufficient clarity in the
statutes before the Court to abrogate immunity. Justice Scalia thought the statutes were express enough but that
Congress simply lacked the power. ld. at 29. Chief Justice Rehnquist and Justices O'Connor and Kennedy joined
relevant portions of both opinions finding lack of power and lack of clarity.
25
Amendment immunity of the states, so long as it does so with sufficient clarity. Twenty-five
years earlier the Court had stated that same principle,< 23l but only as an alternative holding, and a
later case had set forth a more restrictive rule.< 24> The premises of Union Gas were that by

consenting to ratification of the Constitution, with its Commerce Clause and other clauses
empowering Congress and limiting the states, the states had implicitly authorized Congress to
divest them of immunity, that the Eleventh Amendment was a restraint upon the courts and not
similarly upon Congress, and that the exercises of Congress's powers under the Commerce
Clause and other clauses would be incomplete without the ability to authorize damage actions
against the states to enforce congressional enactments. The dissenters disputed each of these
strands of the argument, and, while recognizing the Fourteenth Amendment abrogation power,
would have held that no such power existed under Article I.

Pennsylvania v. Union Gas lasted less than seven years before the Court overruled it in
Seminole Tribe of Florida v. Florida. (25) Chief Justice Rehnquist, writing for a 5--4 majority,
concluded Union Gas had deviated from a line of cases, tracing back to Hans v. Louisiana,(26>
that viewed the Eleventh Amendment as implementing the "fundamental principle of sovereign
7
immunity [that]limits the grant of judicial authority in Article III." (l ) Because "the Eleventh
Amendment restricts the judicial power under Article III, . . . Article I cannot be used to
23
Parden v. Tenninal Railway, 377 U.S. 184, 190--92 (1964). See also Employees of the Dep't of Pub. Health and
Welfare v. Department of Pub. Health and Welfare, 411 U.S. 279,283, 284, 285-86 (1973).
24
Edelman v. Jordan, 415 U.S. 651,672 (1974).
lSSeminole Tribe of Florida v. Florida 517 U.S. 44 (1996) (invalidating a provision of the Indian Gaming
Regulatory Act authorizing an Indian tribe to sue a state in federal court to compel performance of a duty to
negotiate in good faith toward the formation of a compact).

26
Hans v. Louisiana 134 U.S. 1 (1890).
l 27
517 U.S. at 64 (quoting Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89, 97-98 (1984).
26
circwnvent the constitutional limitations placed upon federal jurisdiction." (28)
have upheld this interpretation.<2'> Section 5 of the Fourteenth Amendment, of course, is another
matter. Fitzpatrick v. Bitzer,<JO) which was "based upon a rationale wholly inapplicable to the
Subsequent cases
Interstate Commerce Clause, viz., that the Fourteenth Amendment, adopted well after the
adoption of the Eleventh Amendment and the ratification of the Constitution, operated to alter
the pre-existing balance between state and federal power achieved by Article III and the Eleventh
Amendment," remains good law.<31) This ruling has led to a significant number of cases that
examined whether a statute that might be applied against non-state actors under an Article I
power, could also, under section 5 of the Fourteenth Amendment, be applied against the
states.<Jl) In another line of case, a different majority of the Court focused not so much on the
authority Congress used to subject states to suit as on the language Congress used to overcome
immunity.
Henceforth, the Court held in a 1985 decision, and even with respect to statutes that were
enacted prior to promulgation of this judicial rule of construction, "Congress may abrogate the
States' constitutionally secured immunity from suit in federal court only by making its intention
28
517 U.S. at 72-73. Justice Souter's dissent undertook a lengthy refutation of the majority's analysis, asserting that
the Eleventh Amendment is best understood, in keeping with its express language, as barring only suits based on
diversity of citizenship, and as having no application to federal question litigation. Moreover, Justice Souter
contended, the state sovereign immunity that the Court mistakenly recognized in Hans v. Louisiana was a common
law concept that "had no constitutional status and was subject to congressional abrogation." 517 U.S. at 117. The
Constitution made no provision for wholesale adoption of the common law, but, on the contrary, was premised on
the view that common law rules would always be subject to legislative alteration. This "imperative of legislative
control grew directly out of the Framers' revolutionary idea of popular sovereignty." ld. at 160.
29
College Savings Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666 (1999) (the Trademark
Remedy Clarification Act, an amendment to the Lanham Act, did not validly abrogate state immunity); Florida
Prepaid Postsecondary Educ. Expense Bd. v. College Savings Bank, 527 U.S. 627 (1999) {amendment to patent
laws abrogating state immunity from infringement suits is invalid); Kimel v. Florida Bd. of Regents, 528 U.S. 62
(2000) (abrogation of state immunity in the Age Discrimination in Employment Act is invalid).
Fitzpatrickv. Bitzer,421 U.S. 445 (1976).
3
31
Seminole Tribe, 517 U.S. at 65-66.
32 See Fourteenth Amendment, Congressional Definition of Fourteenth Amendment Rights, infra.
27
unmistakably clear in the language. of the statute" itself.<33>This means that no legislative history
will suffice at a11.< 34>Indeed, at one time a plurality of the Court apparently believed that only if
Congress refers specifically to state sovereign immunity and the Eleventh Amendment will its

language be unmistakaPly clearP5J Thus, the Court held in Atascadero that general language
subjecting to suit in federal court "any recipient of Federal assistance" under the Rehabilitation
Act was deemed insufficient to satisfy this test, not because of any question about whether states
are "recipients" within the meaning of the provision but because "given their constitutional role,
the states are not like any other class of recipients of federal aid." (J6) As a result of these rulings,
Congress began to use the "magic words" the Court appeared to insist on.< 37) Later, however, the
Court has accepted less precise language,<38>and in at least one context, has eliminated the
33
34
Atascadero State Hosp. v. Scanlon, 473 U.S. 234,242 (1985) (emphasis added).
See, particuJarly, Dellmuth v. Muth, 491 U.S. 223,230 (1989) ("legislative history generally will be irrelevant"),

and Hoffinan v. Connecticut Dep't oflncome Maintenance, 492 U.S. 96, 103---{)4 (1989).
3
s Justice Kennedy for the Court in Del/muth, 491 U.S. at 231, expressly noted that the statute before the Court did
not demonstrate abrogation with unmistakably clarity because, inter alia, it "makes no reference whatsoever to either
the Eleventh Amendment or the States' sovereign immunity." Justice Scalia, one of four concurring Justices,
expressed an ''understanding" that the Court's reasoning would allow for clearly expressed abrogation ofirnnnmity
''without explicit reference to state sovereign immunity or the Eleventh Amendment." Id. at 233.
36
Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 246 (1985). See also Dellmuth v. Muth, 491 U.S. 223 (1989).
37
In 1986, following Atascadero, Congress provided that states were not to be immune under the Eleventh
Amendment from suits under several laws barring discrimination by recipients of federal financial assistance. Pub.
L. 99-----506, 1003, 100 Stat. 1845 (1986), 42 U.S.C. 2000d-7. FollowingDellmuth, Congress amended the statute
to insert the explicit language. Pub. L. 101-476, 103, 104 Stat 1106 (1990), 20 U.S.C. 1403. See also the
Copyright Remedy Clarification Act, Pub. L. 101-553, 2, 104 Stat. 2749 (1990), 17 U.S.C. 511 (making states
and state officials liable in damages for copyright violations).
38
Kimel v. Florida Board of Regents, 528 U.S. 62, 74-78 (2000). In Kimel, statutory language authorized age
discrimination suits "against any employer (including a public agency)," and a "public agency" was defined to
include ''the government of a State or political subdivision thereof." The Court found this language to be sufficiently
clear evidence of intent to abrogate state sovereign immunity. The relevant portion of the opinion was written by
Justice O'Connor, and joined by Chief Justice Rehnquist and Justices Stevens, Scalia, Souter, Ginsberg, Breyer and

Stevens. But see Raygor v. Regents of the University of Minnesota, 534 U.S. 533 (2002) (federal supplemental
jurisdiction statute which tolls limitations period for state claims during pendency of federal case not applicable to
claim dismissed on the basis of Eleventh Amendment immunity).
28
requirement of specific abrogation language altogether.(39>Even before the decision in Alden v .
Maine,( 40) when the Court believed that Eleventh Amendment sovereign immunity did not apply
to suits in state courts, the Court applied its rule of strict construction to require "unmistakable
clarity" by Congress in order to subject states to suit.(4t) Although the Court was willing to
recognize exceptions to the clear statement rule when the issue involved subjection of states to
suit in state courts, the Court also suggested the need for "symmetry'' so that states' liability or
immunity would be the same in both state and federal courts.( 4l)
Suits Against State Officials
Courts may open their doors for relief against government wrongs under the doctrine that
sovereign immunity does not prevent a suit to restrain individual officials, thereby restraining the
government as we11.( 43>The doctrine is built upon a double fiction: that for purposes of the
sovereign's immunity, a suit against an official is not a suit against the government, but for the
purpose of finding state action to which the Constitution applies, the official's conduct is that of
the state.< 44' The doctrine preceded but is most note-worthily associated with the decision in Ex
parte Young,< 45>a case that deserves the overworked adjective, seminal.
39
Central Virginia Community College v. Katz, 546 U.S. 356, 363 (2006) (abrogation of state sovereign immunity
under the Bankruptcy Clause was effectuated by the Constitution, so it need not additionally be done by statute); id.
at 383 (Justice Thomas dissenting).
40
527 u.s. 706 (1999).
41
Will v. Michigan Dep't of State Police, 491 U.S. 58 (1989) (holding that states and state officials sued in their
official capacity could not be made defendants in 1983 actions in state courts).
42
Hilton v. South Carolina Pub. Rys. Comm'n, 502 U.S. 197,206 (1991) (interest in "symmetry'' is outweighed by
stare decisis, the FELA action being controlled by Parden v. Terminal Ry.).
43
See, e.g., Larson v. Domestic and Foreign Corp., 337 U.S. 682 (1949), where the majority and dissenting opinions
cite both federal and Eleventh Amendment cases in a suit against a federal official. See also Tindal v. Wesley, 167
U.S. 204, 213 (1897), applying to the states the federal rule ofUnited States v. Lee, 106 U.S. 196 (1882).
"C. WRIGHT, THE LAW OF FEDERAL COURTS 48 (4th ed. 1983).
209 u.s. 123 (1908).
45
29
----------------------------
Young arose when a state legislature passed a law reducing railroad rates and providing
severe penalties for any railroad that failed to comply with the law. Plaintiff milroad
stockholders brought a federal action to enjoin Young, the state attorney general, from enforcing

the law, alleging that it was unconstitutional and that they would suffer irreparable harm if he
were not prevented from acting. An injunction was granted forbidding Young from acting on the
law, an injunction he violated by bringing an action in state court against noncomplying
railroads; for this action he was adjudged in contempt.
If the Supreme Court had held that the injunction was not pennissible, because the suit
was one against the state, there would have been no practicable way for the railroads to attack the
statute without placing themselves in great danger. They could have disobeyed it and alleged its
unconstitutionality as a defense in enforcement proceedings, but if they were wrong about the
statute's validity the penalties would have been devastating.< 46> On the other hand, effectuating
constitutional rights through an injunction would not have been possible had the injunction been
deemed to be a suit against the state.

In deciding Young, the Court faced inconsistent lines of cases, including numerous
precedents for permitting suits against state officers. Chief Justice Marshall had begun the
process in Osborn by holding that suit was barred only when the state was formally named a
party.<47) He presently was required to modify that decision and preclude suit when an official,
the governor of a state, was sued in his official capacity,<48) but relying on Osborn and reading
Madrazo narrowly, the Court later held in a series of cases that an official of a state could be
sued to prevent him from executing a state law in conflict with the Constitution or a law of the
46
In fact, the statute was eventually held to be constitutional. Minnesota Rate Cases (Simpson v. Shepard), 230 U.S.
352 (1913).

47
Osborn v. Bank of the United States, 22 U.S. (9 Wheat.) 738 {1824).
(- 48
Governor of Georgia v. Madrazo, 26 U.S. (1 Pet.) 110 (1828).
30
United States, and the fact that the officer may be acting on behalf of the state or in response to a
statutory obligation of the state did not make the suit one against the state.< 49> Another line of
cases began developing a more functional, less formalistic concept of the Eleventh Amendment
and sovereign immunity, one that evidenced an increasing wariness toward affirmatively
ordering states to relinquish state-controlled property<SOl and culminated in the broad reading of
Eleventh Amendment immunity in Hans v. Louisiana.<St)
Two of the leading cases, as were many cases of this period, were suits attempting to
prevent Southern states from defaulting on bonds.<51> In Louisiana v. Jumet,<53> a Louisiana
citizen sought to compel the state treasurer to apply a sinking fund that had been created under
the earlier constitution for thepayment of the bonds after a subsequent constitution had abolished
this provision for retiring the bonds. The proceeding was held to be a suit against the state. (S4)
Then. In re Ayers (55) purported to supply a rationale for cases on the issuance of mandamus or
injunctive relief against state officers that would have severely curtailed federal judicial power.
49
Davis v. Gray, 83 U.S. (16 Wall.) 203 (1872); Board of Liquidation v. McComb, 92 U.S. 531 (1875); Allen v.
Baltimore & Ohio R.R., ll4 U.S. 311 (1885); Rolston v. Missouri Fund Comm'rs, 120 U.S. 390 (1887); Pennoyer
v. McConnaughy, 140 U.S. 1 (1891); Reagan v. Farmers' Loan & Trust Co., 154 U.S. 362 (1894); Smyth v. Ames,
169 U.S. 466 (1898); Scranton v. Wheeler, 179 U.S. 141 (1900).
50
Judicial reluctance to confront government officials over government-held property did not extend in like manner
in a federal context, as was evident in United States v. Lee, the first case in which the sovereign immunity of the
United States was claimed and rejected. United States v. Lee, 106 U.S. 196 (1882). See Article Ill, "Suits Against
United States Officials." However, the Court sustained the suit against the federal officers by only a 5-to-4 vote, and
the dissent presented the arguments that were soon to inform Eleventh Amendment cases.
Sl 134 U.S. 1 (1890).
52
See Gibbons, The Eleventh Amendment and State Sovereign Immunity: A Reinterpretation, 83 COLUM. L. REV.
1889, 1968-2003 (1983); Orth, The Interpretation ofthe Eleventh Amendment, 1798-1908: A Case Study ofJudicial
Power, 1983 U. ILL. L. REV. 423.
53
107 U.S. 711 (1882).
54
."The relief asked will require the officers against whom the process is issued to act contrary to the positive orders
of the supreme political power of the State, whose creatures they are, and to which they are ultimately responsible in
law for what they do. They must use the public money in the treasury and under their official control in one way,
when the supreme power has directed them to use it in another, and they must raise more money by taxation when
the same power has declared that it shall not be done." 107 U.S. at 721. See also Christian v. Atlantic & N.C. R.R.,
133 u.s. 233 (1890).

55
123 u.s. 443 (1887).
31
------------------------------r--------------------------------------------------
Suit against a state officer was not barred when his action, aside from any official
authority claimed as its justification, was a wrong simply as an individual act, such as a trespass,
but if the act of the officer did not constitute an individual wrong and was something that only a

state, through its officers, could do, the suit was in actuality a suit against the state and was
barred.< 56> That is, the unconstitutional nature of the state statute under which the officer acted
did not itself constitute a private cause of action. For that, one must be able to point to an
independent violation of a common law right.< 57) Although Ayers was in all relevant points on all
fours with Young/ 58) the Young Court held that the injunction had properly issued against the
state attorney general, even though the state was in effect restrained as well. 'The act to be
enforced is alleged to be unconstitutional, and, if it be so, the use of the name of the State to
enforce an unconstitutional act to the injury of the complainants is a proceeding without the

authority of and one which does not affect the State in its sovereign or governmental capacity. It
is simply an illegal act upon the part of a state official in attempting by the use of the name of the
State to enforce a legislative enactment which is void because unconstitutional. If the act which
the state Attorney General seeks to enforce be a violation of the Federal Constitution, the officer
56
123 u.s. at 500-01,502
51
Ayers sought to enjoin state officials from bringing suit under an allegedly unconstitutional statute purporting to
overturn a contract between the state and the bondholders to receive the bond coupons for tax payments. The Court
asserted that the state's contracts impliedly contained the state's immunity from suit, so that express withdrawal of a
supposed consent to be sued was not a violation of the contract; but, in any event, because any violation of the
assumed contract was an act of the state, to which the officials were not parties, their actions as individuals in
bringing suit did not breach the contract. 123 U.S. at 503, 505---06. The rationale had been asserted by a four-Justice
concurrence in Antoni v. Greenhaw, 107 U.S. 769, 783 (1882). See also Cunningham v. Macon & Brunswick R.R.,
109 U.S. 446 (1883); Hagood v. Southern, 117 U.S. 52 (1886); North Carolina v. Temple, 134 U.S. 22 (1890); In re
Tyler, 149 U.S. 164 (1893); Baltzer v. North Carolina, 161 U.S. 240 (1896); Fitts v. McGhee, 172 U.S. 516 (1899);
Smith v. Reeves, 178 U.S. 436 (1900).
58
Ayers "would seem to be decisive of the Young litigation." C. WRIGHT, THE LAW OF FEDERAL COURTS
48 at 288 (4th ed. 1983). The Young Court purported to distinguish and to preserve Ayers but on grounds that either
were irrelevant to Ayers or that had been rejected in the earlier case. Ex parte Young. 209 U.S. 123, 151, 167 (1908).
Similarly, in a later case, the Court continued to distinguish Ayers but on grounds that did not in fact distinguish it
from the case before the Court, in which it pennitted a suit against a state revenue commissioner to enjoin him from
collecting allegedly unconstitutional taxes. Georgia R.R. & Banking Co. v. Redwine, 342 U.S. 299 (1952).
32
in proceeding under such enactment comes into conflict with the superior authority of that
Constitution, and he is in that case stripped of his official or representative character and is
subject in his person to the consequences of his individual conduct." 9

(S ) Justice Harlan was the
only dissenter, arguing that in law and fact the suit was one only against the state and that the suit
against the individual was a mere "fiction." <60>
The "fiction" remains a mainstay of our jurisprudence.< 6I) It accounts for a great deal of
the litigation brought by individuals to challenge the carrying out of state policies. Suits against
state officers alleging that they are acting pursuant to an unconstitutional statute are the standard
device by which to test the validity of state legislation in federal courts prior to enforcement and
thus interpretation in the state courts.(62l Similarly, suits to restrain state officials from taking
certain actions in contravention of federal statutes( 63l or to compel the undertaking of affirmative
59
Ex parte Young, 209 U.S. 123, 159-60 (1908). The opinion did not address the issue of how an officer "stripped
of his official ... character" could violate the Constitution, in that the Constitution restricts only "state action," but
the double fiction has been expounded numerous times since. Thus, for example, it is well settled that an action
unauthorized by state law is state action for purposes of the Fourteenth Amendment. Home Tel. & Tel. Co. v. City
of Los Angeles, 227 U.S. 278 (1913). The contrary premise of Barney v. City of New York, 193 U.S. 430 (1904),
though eviscerated by Home Tel. & Tel. was not expressly disavowed until United States v. Raines, 362 U.S. 17,
25-26 (1960).
60
Ex porte Young, 209 U.S. 123, 173-74 (1908). In the process of limiting application of Young, a Court majority
referred to ''the Young fiction." Idaho v. Coeur d'Alene Tribe, 521 U.S. 261, 281 (1997).
61
E.g., Ray v. Atlantic Richfield Co., 435 U.S. 151, 156 n.6 (1978) (rejecting request of state officials being sued to
restrain enforcement of state statute as preempted by federal law that Young be overruled); Florida Dep't of State v.
Treasure Salvors, 458 U.S. 670,685 (1982).
62
See, e.g., Home Tel. & Tel. Co. v. City of Los Angeles, 227 U.S. 278 (1913); Truax v. Raich, 239 U.S. 33 (1915);
Cavanaugh v. Looney, 248 U.S. 453 (1919); Terrace v. Thompson, 263 U.S. 197 (1923); Hygrade Provision Co. v.
Sherman, 266 U.S. 497 (1925); Massachusetts State Grange v. Benton, 272 U.S. 525 (1926); Hawks v. Hamill, 288
U.S. 52 (1933). See also Graham v. Richardson, 403 U.S. 365 (1971) (enjoining state welfare officials from denying
welfare benefits to otherwise qualified recipients because they were aliens); Goldberg v. Kelly, 397 U.S. 254 (1970)
(enjoining city welfare officials from following state procedures for tennination of benefits); Milliken v. Bradley,
433 U.S. 267 (1977) (imposing half the costs of mandated compensatory education programs upon state through
order directed to governor and other officials). On injunctions against governors, see Continental Baking Co. v.
Woodring, 286 U.S. 352 (1932); Sterling v. Constantin, 287 U.S. 378 (1932). Applicable to suits under this doctrine
-
are principles of judicial restraint---constitutional, statutory, and prudential....-.discussed under Article III.
63
E.g., Edelman v. Jordan, 415 U.S. 651,664-68 (1974); Ray v. Atlantic Richfield Co., 435 U.S. 151 (1978).
33
~------~~~~~------------------
obligations imposed by the Constitution or federal laws <64>are common.
For years, moreover, the accepted rule was that suits prosecuted against state officers in
federal courts upon grounds that they are acting in excess of state statutory authority(fiS) or that

they are not doing something required by state law<66) are not precluded by the Eleventh
Amendment or its emanations of sovereign immunity, provided only that there are grounds to
obtain federal jurisdiction.<67) However, in Pennhurst State School & Hospital v. Halderman/68>
the Court, five-to-four, held that Young did not permit suits in federal courts against state
officers alleging violations of state law. In the Court's view, Young was necessary to promote
the supremacy of federal law, a basis that disappears if the violation alleged is of state law. The
Court also still adheres to the doctrine, first pronounced in Madrazo,<69) that some suits against
officers are ..really" against the state<'O) and are barred by the state's immunity, such as when the
64
65
E.g., Milliken v. Bradley, 433 U.S. 267 (1977); Edelman v. Jordan, 415 U.S. 651, 664--68 (1974); Quem v.
Jordan, 440 U.S. 332, 346-49 (1979).
E.g., Pennoyer v. McConnaughy, 140 U.S. I (1891); Scully v. Bird, 209 U.S. 481 (1908); Atchison, T. & S. F. Ry.
v. O'Connor, 223 U.S. 280 (1912); Greene v. Louisville & Interurban R.R., 244 U.S. 499 (1977); Louisville &
Nashville R.R. v. Greene, 244 U.S. 522 (1917). Property held by state officials on behalf of the state under claimed

state authority may be recovered in suits against the officials, although the court may not conclusively resolve the
state's claims against it in such a suit South Carolina v. Wesley, 155 U.S. 542 (1895); Tindal v. Wesley, 167 U.S.
204 (1897); Hopkins v. Clemson College, 221 U.S. 636 (1911). See also Florida Dep't of State v. Treasure Salvors,
458 U.S. 670 (1982), in which the eight Justices who agreed that the Eleventh Amendment applied divided 4-to-4
over the proper interpretation.
66
E.g., Rolston v. Missouri Fund Comm'rs, 120 U.S. 390 (1887); Atchison, T. & S. F. Ry. v. O'Connor, 223 U.S.
280 (1912); Johnson v. Lankford, 245 U.S. 541,545 (1918); Lankford v. Platte Iron Works Co., 235 U.S. 461,471
(1915); Davis v. Wallace, 257 U.S. 478, 482-85 (1922); Glenn v. Field Packing Co., 290 U.S. 177, 178 (1933); Lee
v. Bickell, 292 U.S. 415,425 (1934).
67
Typically, the plaintiff would be in federal court under diversity jurisdiction, cf Martin v. Lankford, 245 U.S. 547,
551 (1918), perhaps under admiralty jurisdiction, Florida Dep't of State v. Treasure Salvors, 458 U.S. 670 (1982), or
under federal question jurisdiction. Verizon Md. Inc. v. Public Serv. Comm'n of Md., 535 U.S. 635 (2002). In the
last instance, federal courts are obligated flrst to consider whether the issues presented may be decided on state law
grounds before reaching federal constitutional gr01md.s, and thus relief may be afforded on state law grounds solely.
Cf Silerv. Louisville &Nashville R.R., 213 U.S. 175, 193 (1909); Hagans v. Lavine, 415 U.S. 528,546-47 & n.12
(1974). In a case removed from state court, presence of a claim barred by the Eleventh Amendment does not d~troy
jurisdiction over nonbarred claims. Wisconsin Dep't of Corrections v. Schacht, 524 U.S. 381 (1998).
68
465 u.s. 89 (1984).

69
Governor of Georgia v. Madrazo, 26 U.S. (1 Pet.) 110 (1828).
70
E.g., Ford Motor Co. v. Department of the Treasury, 323 U.S. 459,464 (1945).
34
suit involves state property or asks for relief which clearly calls for the exercise of official
authority, such as paying money out of the treasury to remedy past hanns.<7t)
Plaintiffs Response to California Defendants' Argument
First. Wlder the facts of the controversy based upon the above Combined Response
Introduction, and upon the foregoing as for California Defendants POINT I, Plaintiff denies
that the specifically targeted socio~economic nature of the actual all encompassing existential
injury-in-fact is Federal court does not lack personal jurisdiction over Califomia1s Governor and
Secretary of State in either official or individual capacity have six (6) months to rectify errors of
returns of the general election of8 November 2016.
A. Under Federal rules, Plaintiff, a Private National Citizen I Republican resident in the
United States of America among those similarly situated does not rely on New York's Long-Arm
Statute to provide a Basis for Personal Jurisdiction, and is confirmed when CA admits that quote:
11
Strunk does not and cannot show that California's Governor or Secretary of State are
subject to jurisdiction under New York's long-ann statute. See N.Y. C.P.L.R. 302. The
complaint does not mention this statute, let alone invoke any of its particular
. . ... "
provtstons
ARGUENDO, however, were Plaintiff solely a Citizen of New York with a tortuous Complaint
against California's Governor and Secretary of State in either official or individual capacity
applying N.Y. C.P.L.R. 302 as if in State Court would not only show minimum contacts <?l)
71
In Frew v. Hawkins, 540 U.S. 431 (2004), Texas, which was under a consent decree regarding its state Medicaid
program, attempted to extend the reasoning of Pennhurst, arguing that unless an actual violation offederallaw had
been found bv a court, then such court would be without jurisdiction to enforce such decree. The Court, in a
unanimous opinion, declined to so extend the Eleventh Amendment, noting, among other things, that the principles
of federalism were served by giving state officials the latitude and discretion to enter into enforceable consent
decrees. ld. at 442. (emphasis by Petitioner)
72
Minimum contacts is a tenn used in the United States law of civil procedure to detennine when it is appropriate
for a court in one state to assert personal jurisdiction over a defendant from another state. The United States
Supreme Court has decided a number of cases that have established and refined the principle that it is unfair for a
court to assert jurisdiction over a party unless that party's contacts with the state in which that court sits are such that
the party "could reasonably expect to be haled into court" in that state. This jurisdiction must "not offend traditional
35
but that California had extended its own jurisdiction (?J) and authority over out-of-state parties
under CA Election Code 690 1 with related code I rules, and or by criminal violation of 8 USC
1324; and legal clarification, an illegal alien per se, is a person who poses a actual degree of

notions of fair play and substantial justice". A nonresident defendant may have minimum contacts with the forum
state if they I) have direct contact with the state; 2) have a contract with a resident of the state; 3) have placed their
product into the stream of commerce such that it reaches the forum state; 4) seek to serve residents of the forum
state; 5) have satisfied the Calder effects test, e.g. Calder v. Jones, 465 U.S. 783 (1984) Uurisdiction over reporter
and editor responsible for defamatory article which they knew would be circulated in subject's home state). ; or 6)
have a non-passive website viewed within the forum state..
73
Jurisdiction Generally.-Jurisdiction may be defined as the power of a government to create legal interests, and
the Court has long held that the Due Process Clause limits the abilities of states to exercise this power, Scott v.
McNeal, 154 U.S. 34,64 (1894). In the famous case ofPennoyer v. Neff95 U.S. 714 (1878) the Court enunciated
two principles of jurisdiction respecting the states in a federal system (Although these two principles were drawn
from the writings of Joseph Story refining the theories of continental jurists, Hazard, A General Theory of State-
Court Jurisdiction, 1965 SUP. CT. REV. 241, 252--62, the constitutional basis for them was deemed to be in the Due
Process Clause of the Fourteenth Amendment. Pennoyer v. Neff, 95 U.S. 714, 733-35 (1878). The Due Process
Clause and the remainder of the Fourteenth Amendment had not been ratified at the time of the entry of the state
court judgment giving rise to the case. This inconvenient fact does not detract from the subsequent settled use of this
constitutional foundation. Pennover denied fuU faith and credit to the ludgment because the state lacked
iurisdiction: and whereas: first, "every State possesses exclusive jurisdiction and sovereignty over persons and
property within its territory," and second, "no State can exercise direct jurisdiction and authority over persons

or property without its territorv." 95 U.S. at 722. The basis for the territorial concept of jurisdiction promulgated
in Pennoyer and modified over the years is two-fold: a concern for ''fair play and substantial justice" involved in
requiring defendants to litigate cases against them far from their "home" or place of business. International Shoe Co.
v. Washington, 326 U.S. 310,316,317 (1945); Travelers Health Ass'n v. Virginia ex rei. State Corp. Comm., 339
U.S. 643, 649 (1950); Shaffer v. Heitner, 433 U.S. 186, 204 (1977), and, more important, a concern for the
preservation of federalism. International Shoe Co. v. Washington, 326 U.S. 310, 319 (1945); Hanson v. Denckla,
357 U.S. 235, 251 (1958). The Framers, the Court has asserted, while intending to tie the States together into a
Nation, "also intended that the States retain many essential attributes of sovereignty, including. in particular, the
sovereign power to try causes in their courts. The sovereignty of each State, in turn, implied a limitation on the
sovereignty of all its sister States-a limitation express or implicit in both the original scheme of the Constitution
and the Fourteenth Amendment." World Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 293 (1980). Thus, the
federalism principle is preeminent. "[T]he Due Process Clause 'does not contemplate that a state may make binding
a judgment in personam against an individual or corporate defendant with which the state has no contacts., ties, or
relations.' ... Even if the defendant would suffer minimal or no inconvenience from being forced to litigate before
the tribunals of another State; even if the forum State has a strong interest in applying its law to the controversy;
even if the forum State is the most convenient location for litigation, the Due Process Clause, acting as an instrument
of interstate federalism, may sometimes act to divest the State of its power to render a valid judgment." 444 U.S. at
294 (internal quotation from International Shoe Co. v. Washington, 326 U.S. 310, 319 (1945)). Over a long period of
time, however, the mobility of American society and the increasing complexity of commerce led to attenuation of
the second principle of Pennoyer, and consequently the Court established the modem standard of obtaining
jurisdiction based upon the nature and the quality of contacts that individuals and corporations have with a state,.
International Shoe Co. v. Washington, 326 U.S. 310 (1945)). (As the Court explained in McGee v. International Life
Ins. Co., 355 U.S. 220,223 (1957), "[w]ith this increasing nationalization of commerce has come a great increase in
the amount of business conducted by mail across state lines. At the same time modem transportation and
communication have made it much less burdensome for a party sued to defend himself in a State where he engages
in economic activity." See WorldWide Volkswagen Corp. v. Woodson, 444 U.S. 286, 293 (1980)). The first
principle, that a State may assert jurisdiction over anyone or anything physically within its borders, no matter how

briefly there-the so-called "transient" rule of jurisdiction- McDonald v. Mabee, 243 U.S. 90, 91 (1917), remains
valid, although in Shaffer v. Heitner, 433 U.S. 186,204 (1977), the Court's dicta appeared to assume it is not. This
'
l "minimum contacts" test, consequently, permits state courts to obtain power over out-of-state defendants.
36
danger I threat to U.S. Citizens when entering uninspected by Immigration and Customs
Enforcement (ICE), and such person is properly compared to a burglar per se - not to be
confused with a house guest or legal alien entering with a visa, passport, and travel probable
cause inspected by ICE.
B. That somehow under Federal rules, were the Court to exercise personal jurisdiction would
violate due process, despite the facts that show California had extended its own jurisdiction and
authority over out-of-state parties under CA Election Code 6901 with related code I rules with
arbitrary and capricious state action, and or by California Defendants willful criminal violation
of8 USC 1324 to intentionally hann Plaintiff among those similarly situated as applies with 42
USC 1983 I related law as to infringement of liberty for application of 14th Amendment relief.
Secondly, under the facts of the controversy based upon the above Combined Response
Introduction, and upon the foregoing as for California Defendants POINT II, Plaintiff denies
that the specifically targeted socio-economic nature of the actual all encompassing existential
injury-in-fact is due to resource limitations as part of his socio-economic injury, Plaintiff does
not wish as of right to merely use civil provisions under the Racketeer Influenced and Corrupt
Organizations Act, 18 U.S.C. 1961 1968 (RICO), unless the U.S. Justice Department defers;
in that based upon information and belief nevertheless, the Federal court has jurisdiction over
State public and private agents of California, as if part of a corporate entity used with a RICO
corrupt enterprise, and is comparable to the circumstance of those directors /agents of Mohawk
Industries Inc. in re Mohawk Industries, Inc. v. Williams (05-465) appealed from: 11th Circuit
Court of Appeals with SCOTUS Oral argument: Apr. 26, 2006, in which Mohawk Industries had
been accused of harboring and hiring illegal aliens in violation of the RICO Act.
However, there is a simplified basis of jurisdiction, notwithstanding the Eleventh
37
Amendment and or RICO per se, because the exhibited facts herein prove both prima facie and
probable cause by ultra vires state action that need provision of "fair play and substantial justice"
in the absence of another fonun to obtain relief, and that California Defendants willful criminal

violation of 8 USC 1324 that intentionally use the entity of California for enterprise unjust
enrichment under the continuing 84 year Emergency Banking Relief Act (12 USC 95 with 50
USC Chapter 53 under E.O. 2040) fractional reserve system that makes California the trustee of
all property for the National POTUS Trustee Connnander-in Chief (CINC) with legal and equity
title under the emergency to pay the national debt with every surety-indenture of Public U.S.
Citizen debtor(s) property registered in commerce obligated to the Creditors; and that a US DOJ
investigation of that enterprise activity even includes the Communist Party of the People's
Republic of China in its use of Wells Fargo Bank, NA owned by Wells Fargo & Company to

leverage public bonds underwritten for the accounts shown in the California Comprehensive
Annual Financial Report (CAFR); and wherein the pattern of Defendants ultra vires activity
harbors illegal aliens maliciously to harm the liberty of Plaintiff among those similarly situated,
and beyond the scope of Califumia authority its Defendants are not immune from suit under the
Eleventh amendment as if California and its public officers I agents were acting within the law.
Mr. Padilla and Mr. Brown are part of the Enterprise Machine challenged herein who as
trustees with fiduciary responsibly to Plaintiff along with those similarly situated are liable.
c-
38
Plaintiffs Response to New York State (NYS) Defendants' Argument
Under the facts of the controversy based upon the above Combined Response
Introduction, and upon the foregoing as for New York State CNYSl Defendants POINT I,
Plaintiff denies that the specifically targeted socio-economic nature of the actual all
encompassing existential injury-in-fact is somehow as for Undersigned's standing that is the
''threshold question in every federal case," this proverbial frog has the good sense to have
jumped from the slow boiling cauldron in recognition of the genocidal social engineering injury-
in fact that is caused by the Cuomo New Age collectivist whack-a-mole methods that like those
of Jesuit Jerry Brown in California, use the multi-decade full spectrum invasion using the illegal
.
alien battering ram theft of individual Citizen free will in favor of docile drooling government
cheese eating peons captured in socialist amber; and as such socialist causation has destroyed the
economic and cultural well being of its citizens who if each remain aware are fleeing the city at a
rate of 4 to 5% annually, statistically unequalled by any other major city, and from the State
territory whose second numerous spoken language according to statistics is Chinese.
First as an arcane mouthful, Mr. McMahon has to prove that the Undersigned is not the
sole private national citizen in esse Sui juris sole beneficiary agent of his inter vivos express trust
and executor for the posterity singularly conscious enough to have expressed individual courage
and leadership to have jumped from Mr. Cuomo's cauldron of witches brew of the slow boil
genocide subjugation of private U.S. Citizens invidiously discriminated against by the
enterprise's machine.
(I) Mr. McMahon's practice for Defendants obstructs justice in defense of the harboring
theft of Petitioner's birth right is tortuous interference with Undersigned's right to self-
determination, an "injury in fact," if one is able to express individual liberty, and if done so
39
.........
!---'.
notwithstanding the canard of the International Covenant for Civil and Political Rights (ICCPR)
reserved as inapplicable during the ongoing 84th year of the national I international emergency
under EBRA I TWEA whose fractional/ discount banking reserve system makes New York and

California the respective provisional trustee for all property within its jurisdiction, held as such
for the POTUS I CINC, the actual Trustee with legal aod equity title to secure the public debt
during the emergency, while and if the individual freely chooses to remain surety-indenture for
the Public U.S. Citizen debtor registered in commerce, freely remains the indenture without
availing remedy as of right to release the Trustee(s) per se to convert debtor obligations.
(2) Who of my fellow U.S. Citizens, presently reduced to peonage, is able to express
proof of a "causal connection" between his particularized injury while paddling in the cauldron
has challenged? As an individual birth right, each cognizant would at least have to clearly make

the causal connection with the self evident fact of the fraud present in every indoor setting where
a fringed flag is flown but not flown outside, and be able to explain why that violates the Hague
Treaty Article 23 for territorial occupation; and if Mr. McMahon wants to prove me wrong as to
the fact of my individualized injury then either remove the fringe on the inside flag or add it to
the flag flown outside - one or the other not both. How many individuals could fill this
requirement of complaint?
(3) Unde'rsigned's injury "likely" would be "redressed by a favorable decision as
expressed in the Complaint with relief available under to Private National Citizens under the
provisions of the 14th Amendment with related law, won't hold his breath for a miracle that
would order the proper flag fringe and or absent that requires an executive order cancelling the
emergency.
.-
40
Introduction, and upon the foregoing as for NYS Defendants POINT II Plaintiff denies that the
specifically targeted socio-economic nature of the actual all encompassing existential injury-in-
fact is somehow that as New York State Defendants argue that quote: PLAINTIFF'S
COMPLAINT challenges the outcome of the election is done not only as to the substantive rights
infringement as a continuing injury in fact by Defendants state action to harbor illegal aliens, and
as such is NOT MOOT as long as New York Defendants and their agents are accessory to the
criminal harbor illegal aliens obstruct justice and facilitate the theft of Plaintiffs birth right as a
member of a class of US Citizen similarly situated has not been remedied by enforcement of law
Plaintiff does not tolerate a continued repetition without resolution or even a "voluntary
cessation" doctrine in form only to be substantively violated again in fact, focuses on the
likelihood of discontinued conduct recurring or a superseded statute being renewed. (74)
Cessation of a challenged activity by voluntary choice, especially of an activity the actor claims
was proper, will moot a case only if it can be said with assurance ''that 'there is no reasonable
expectation that the wrong will be repeated.' " (7S) A person asserting mootness through
voluntary cessation bears the "fonnidable burden" of showing with absolute clarity that there is
no reasonable prospect of renewed activity. (76) Otherwise, "[t]he defendant is free to return to his
74
United States v. Trans-Missouri Freight Ass'n, 166 U.S. 290 (1897); Walling v. Helmerich & Payne, 323 U.S. 37
(1944); Porter v. Lee, 328 U.S. 246 (1946); United States v. W.T. Grant Co., 345 U.S. 629 (1953); Gray v. Sanders,
372 U.S. 368 (1963); United States v. Concentrated Phosphate Export Ass'n, 393 U.S. 199, 202-04 (1969); Defunis
v. Odegaard, 416 U.S. 312,318 (1974); County of Los Angeles v. Davis, 440 U.S. 625,631-34 (1979), and id. at
641-46 (Justice Powell dissenting); Vitek v. Jones, 445 U.S. 480, 486-487 (1980), and id. at 500-01 (Justice
Stewart dissenting); Princeton University v. Schmidt, 455 U.S. 100 (1982); City of Mesquite v. Aladdin's Castle,
!no., 455 U.S. 283, 288~289 (1982).
75
563 United States v. W.T. Grant Co., 345 U.S. 629, 633 (1953) (quoting United States v. Aluminum Co. of
America, 148 F.2d416, 448 (2d. Cir. 1945)).
76
564 Already, LLC v. Nike, Inc., 568 U.S._, No. 11-982, slip op. at 4 (2013) (trademark holder seeking to
moot invalidation claim against it: assessing the effect of the holder's dismissal of its trademark infringement claim
41
old ways" and this fact would be enough to prevent mootness because of the "public interest in
having the legality of the practices settled." (77) Still a third exception concerns the ability to
challenge short-term conduct which may recur in the future, which has been denominated as

disputes "capable of repetition, yet evading review." (78) Thus, in cases in which ( 1) the
challenged action is too short in its duration to be fully litigated prior to its cessation or
expiration, and (2) there is a reasonable expectation that the same complaining party would be
subjected to the same action again, mootness will not be found when the complained-of conduct
ends. ' 79) Absent the State Defendants and their agents good faith to actually reverse their
expressed scoffiaw sanctuary cities to continue the harbor of illegal aliens, the case and
controversy is not moot.
As to Mootness.-Unlike this Complaint, a case initially presenting all the attributes

necessary for federal court litigation may at some point lose some attribute of justiciability and
become ''moot." The usual rule is that an actual controversy must exist at all stages of trial and
appellate consideration and not simply at the date the action is initiated. (SO)
against rival and submittal of a covenant not to sue), citing Friends of the Earth v. Laidlaw Envtl. Servs., 528 U.S.
167, 190 (2000)
77
S6S United States v. W.T. Grant Co., 34S U.S. 629, 632 (1953). But see A.L. Mechling Barge Lines v. United
States, 368 U.S. 324 (1961).
78
S66 Southern Pacific Terminal Co. v. ICC, 219 U.S. 498, SIS (1911).
79 S67 Weinstein v. Bradford, 423 U.S. 147, 149 (l97S); Murphy v. Hunt, 455 U.S. 478,482 (1982). See Super Tire
Engineering Co. v. McCorkle, 416 U.S. 115, 125-26 (1974), and id, at 130-32 (Justice Stewart dissenting), Friends
of the Earth v. Laidlaw Envtl. Servs., 528 U.S. 167, 189-91 (2000),. The degree of expectation or likelihood that the
issue will recur has frequently divided the Court. Compare Murphy v. Hunt, with Nebraska Press Ass'n v. Stuart,
427 U.S. 539 (1976); compare Honig v. Doe, 484 U.S. 305, 318-23 (1988), with id. at 332 (Justice Scalia
dissenting).
80 551 E.g., United States v. Munsingwear, 340 U.S. 36 (1950); Golden v. Zwickler, 394 U.S. 103, 108 (1969); SEC
v. Medical Committee for Human Rights, 404 U.S. 403 (1972); Roe v. Wade, 410 U.S. 113, 125 (1973); Sosna v.
Iowa, 419 U.S. 393,398-399 (1975) (speciaJ rule for class actions); United States Parole Comm'n v. Geraghty, 445
U.S. 388, 397 (1980) (special rule for class actions), and id. at 411 (Justice Powell dissenting); Burke v. Barnes, 479
U.S. 361, 363 (1987); Honig v. Doe, 484 U.S. 305,317 (1988); Lewis v. Continental Bank Corp., 494 U.S. 472,
477-478 (1990); Camreta V. Greene, 563 U.S.__, No. 09-1954, slip op. (2011); United States v.Juveni1e Male,

564 U.S.___, No. 09-940, slip op. at 4 (2011). Munsingwear has long stood for the proposition that the appropriate
practice of the Court in a civi-l case that had become moot while on the way to the Court or after certiorari had been
42
"Under Article III of the Constitution, federal courts may adjudicate only actual, ongoing
cases or controversies .... Article III denies federal courts the power 'to decide questions
that cannot affect the rights of litigants in the case before them,' ... and confines them to
resolving 'real and substantial controvers[ies] admitting of specific relief through a
decree of a conclusive character, as distinguished from an opinion advising-what the law
would be upon a hypothetical state of facts.' This case-or-controversy requirement
subsists through all stages of federal judicial proceedings, trial and appellate. To sustain
our jurisdiction in the present case, it is not enough that a dispute was very much alive
when suit was filed, or when review was obtained in the Court of Appeals .... The
81
parties must continue to have a 'personal stake in the outcome' of the lawsuit." ' '
Because, with the advent of declaratory judgments, it is open to the federal courts to "declare the
82
rights and other legal relations" of the parties with res judicata effect, ' ) the question in cases
alleged to be moot now seems largely if not exclusively to be decided in terms of whether an
actual controversy continues to exist between the parties rather than in terms of any additional
older concepts. (SJJ So long as concrete, adverse legal interests between the parties continue, a
case is not made moot by intervening actions that cast doubt on the practical enforceability of a
granted was to vacate or reverse and remand with directions to dismiss. In U.S. Bancorp Mortgage Co. v. Bonner
Mall Partnership, 513 U.S. 18 (1994), however, the Court held that when mootness occurs because the parties have
reached a settlement. vacatur of the judgment below is ordinarily not the best practice; instead, equitable principles
should be applied so as to preserve a presumptively correct and valuable precedent, unless a court concludes that the
public interest would be served by vacatm.
81
552 Lewis v. Continental Bank Corp., 494 U.S. 472, 477-78 (1990) (internal citations omitted). The Court's
emphasis upon mootness as a constitutional limitation mandated by Article III is long stated in the cases. E.g., Liner
v. Jafco, 375 U.S. 301, 306 n.3 (1964); DeFunis v. Odegaard, 416 U.S. 312,316 (1974); Sibron v. New York, 392
U.S. 40, 57 (1968). See Honig v. Doe, 484 U.S. 305,317 (1988), and id. at 332 (Justice Scalia dissenting). But
compare Franks v. Bowman Transp. Co., 424 U.S. 747, 756 n.8 (1976) (referring to mootness as presenting policy
rather than constitutional considerations). If this foundation exists, it is hard to explain the exceptions, which partake
of practical reasoning. In any event, Chief Justice Rehnquist has argued that the mootness doctrine is not
constitutionally based, or not sufficiently based only on Article III, so that the Court should not dismiss cases that
have become moot after the Court has taken them for review. Id. at 329 (concurring). Consider the impact of
Cardinal Chemical Co. v. Morton lnt'l, Inc., 508 U.S. 83 (1993).
82
553 But see Steffel v. Thompson, 415 U.S. 452,470-72 (1974); id. at 477 (Justice White concurring), 482 n.3
Justice Rehnquist concurring) (on res judicata effect in state court in subsequent prosecution). In any event, the
statute authorizes the federal court to grant "[t]urther necessary or proper relief," which could include enjoining state
prosecutions.
83
554 Award of process and execution are no longer essential to the concept of judicial power. Aetna Life Ins. Co.
v. Haworth, 300 U.S. 227 (1937).
43
final judicial order.< 84) Again Defendants state action to harbor illegal aliens, and as such is NOT
MOOT as a continuing injury to Undersigned along with his US Citizens similarly situated.

Introduction, and upon the foregoing as for NYS Defendants POINT III (a) as to Substantive
Due Process Plaintiff denies that the specifically targeted socio-economic nature of the actual all
encompassing existential injury-in-fact is somehow that NYS Defendants' argue, quote:
"PLAINTIFF'S COMPLAINT FAILS TO STATE A CAUSE OF ACTION UPON

WHICH RELIEF CAN BE GRANTED" as to (a) Substaotive Due Process
Introduction, and upon the foregoing as for NYS Defendants POINT III (b) as to Equal
Protection Plaintiff denies that the specifically targeted socio-economic nature of the actual all

WHICH RELIEF CAN BE GRANTED" (b) Equal Protection
Introduction, and upon the foregoing as for NYS Defendants POINT III {c) as to Conspiracy
To Deny Equal Protection Plaintiff denies that the specifically targeted socio-economic nature of
the actual all encompassing existential injury-in-fact is somehow that NYS Defendants' argue,
quote:

WHICH RELIEF CAN BE GRANTED" (c) Conspiracy To Deny Equal Protection
Introduction, and upon the foregoing as for NYS Defendants POINT III (d) as to First
84
555 Chafin v. Chafin. 568 U.S._, No. 11-1347, slip op. (2013) (appeal of district court order returning custody
of a child to her mother in Scotland not made moot by physical return of child to Scotland and ...
44
-----------------,--------------------------------
Amendment Speech and Association Plaintiff denies that the specifically targeted socto-
economic nature of the actual all encompassing existential injury-in-fact is somehow that NYS
Defendants1 argue, quote:

WHICH RELIEF CAN BE GRANTED" (d) First Amendment Speech and Association
Introduction, and upon the foregoing as for NYS Defendants POINT III (e) as to
Disproportionate Dilution of House Representation and Dilution and Diminution of Vote
Property Plaintiff denies that the specifically targeted socio-economic nature of the actual all

WHICH RELIEF CAN BE GRANTED" (e) Disproportionate Dilution of House
Representation and Dilution and Diminution of Vote Property "
Introduction, and upon the foregoing as for NYS Defendants POINT III (0 as to Insurrection
Against the United States Through the Use of Illegal Aliens Plaintiff denies that the specifically
targeted socio-economic nature of the actual all encompassing existential injury-in-fact is
somehow that NYS Defendants' argue, quote:

WHICH RELIEF CAN BE GRANTED" (f) Insurrection Against the United States
Through the Use of Illegal Aliens.
As to Point III in its entirety, to wit Strunk contends that NYS Defendants are all a part of the
Enterprise Machine challenged herein have a among State duties a Federal Trustee Fiduciary
duty to Plaintiff along with those similarly situated; and further.
Introduction, and upon the foregoing as for NYS Defendants POINT IV Plaintiff denies that
45
,... .....
1----"
the specifically targeted socio-economic nature of the actual all encompassing existential injury-
in-fact is somehow that NYS Defendants' argue, quote:
"PLAINTIFF'S CLAIMS AGAINST lHE NEW YORK STATE DEFENDANTS ARE

BARRED BY THE ELEVENTH AMENDMENT"

As to Point IV in its entirety, to wit Strunk contends that NYS Defendants are all a part of the
Enterprise Machine challenged herein participating in the harboring of illegal aliens are part of a
crime not granted 11th Amendment Protection or immunity as each has among State duties a
Federal Trustee Fiduciary duty to Plaintiff along with those similarly situated; and further
Introduction, and upon the foregoing as for New York State Defendants POINT V Plaintiff
denies that the specifically targeted socio-economic nature of the actual all encompassing
existential injury-in-fact is somehow quote: "LACK OF PERSONAL INVOLVEMENT."
Introduction, and upon the foregoing as for New York State Defendants POINT VI Plaintiff
denies that the specifically targeted socio-economic nature of the actual all encompassing
existential injury-in-fact is somehow that NYS Defendants' argue, quote:
"ALL CLAIMS BROUGHT AGAINST GOVERNOR ANDREW M, CUOMO IN HIS INDIVIDUAL

CAP ACITY ARE BARRED BY THE DOCTRINE OF QUALIFIED IMMUNITY"
As to Points V and VI in its entirety, to wit Strunk contends that NYS Defendants are all a part
of the Enterprise Machine challenged herein participating in the harboring of illegal aliens are
part of a crime not granted 11th Amendment Protection or immunity as each has among State
duties a Federal Trustee Fiduciary duty to Plaintiff along with those similarly situated; and
furthermore, Mr. Cuomo and those Commissioners and Chairmen of the NYS Board of Elections
are part of the Enterprise Machine challenged herein as trustees with Federal and State public
officer fiduciary responsibly to Plaintiff along with those similarly situated are liable.
46
Plaintiffs Response to the city of New York (NYC) Defendants' Argument
Introduction, and upon the foregoing as for NYC Defendants POINT I Plaintiff denies that the
fact is somehow that NYC Defendants' argue, quote:
"LACKS STANDING TO CHALLENGE THE PRESIDENTIAL ELECTION PROCESS AS

HE DOES FACE A CONCRETE AND PARTICULARIZED INJURY",
To wit Mr. Di Blasia and those Commissioners and Chairmen of the NYC Board of Elections are
part of the Enterprise Machine challenged herein who are as trustees with fiduciary responsibly
to Plaintiff along with those similarly situated are liable; and further
encompassing existential injury-in-fact is somehow NYC Defendants' argue that quote:
"BUT RATHER ASSERTS A GENERALIZED POLITICAL GRIEVANCE CONCERNING THE

POLICIES OF TWO STATES THAT PURPORTEDLY FOSTER THE INTERESTS OF
UNDOCUMENTED RESIDENTS, A POLICY POSITION OPPOSED BY PLAINTIFF"
To wit Mr. DiBlasio and those Commissioners and Chairmen of the NYC Board of Elections are
to Plaintiff along with those similarly situated are liable; and further.
Introduction, and upon the foregoing as for NYC Defendants POINT II Plaintiff denies that the
fact is somehow NYC Defendants' argue that quote:
"THE COMPLAINT MUST BE DISMISSED AS MOOT, AS IT SEEKS TO HAVE THE

ALLEGEDLY TAINTED ELECTORAL VOTES OF CALIFORNIA AND NEW YORK BE
VACATED AND RE-CERTIFIED BY A FEDERAL COURT, HOWEVER, THE
ELECTION OF DONALD TRUMP AS PRESIDENT HAS BEEN CERTIFIED BY THE

CONGRESS AND NO EQUITABLE RELIEF IS AVAILABLE."
47

Introduction, and upon the foregoing as for NYC Defendants POINT III to wit Plaintiff denies
that the specifically targeted socio~economic nature of the actual all encompassing existential
injury~ in-fact is somehow NYC Defendants' argue that quote:
"THE COMPLAINT MUST BE DISMISSED AS IMPLAUSIBLE UNDER THE

ASHCROFT V.IQBAL STANDARDS, AS THERE IS NO REASONABLE CORRELATION
BETWEEN THE CITED LOCAL LAW AND THE CONCLUSION THAT IT HAS LED TO
SIGNIFICANT IMPROPER VOTING PATTERNS AND POPULATION INCREASES."

Introduction, and upon the foregoing as for NYC Defendants POINT IV Plaintiff denies that
the specifically targeted socio~economic nature of the actual all encompassing existential injury-
in~ fact is somehow NYC Defendants' argue that quote:
"THERE IS NO COGNIZABLE SECTION 1983 CLAIM AND NO ALLEGATIONS OF

WRONGDOING AGAINST THE INDIVIDUAL NEW YORK CITY DEFENDANTS, AND
SO THE COMPLAINT MUST BE DISMISSED AGAINST THEM."
to Plaintiff along with those similarly situated are liable; and furthermore,
That as a matter of further obstruction of justice prohibited by 8 USC 1324, on April3,
48
2017 the New York State Supreme Court Justice Minardo in the Article 78 Petition with Docket
No.: 080528-2016 issued the Decision and Order (see Exhibit L-9) denied therein petitioners
request to preserve the underlying documents used to issue identification in NYC to illegal aliens
as belligerents per se, involves Title 12 provisions under the EBRA and that as a national
security matter during a time of war or emergency with the 8 USC 1324 subject matter the State
Court lacks subject matter jurisdiction and thereby its Decision and Order is denied full faith and
credit, Pennoyer v. Neff. 95 U.S. 714, 733-35 (1878), and also violates privileges and immunities
due Plaintiff, who now differs to this Court for such relief and remedy.
Plaintiffs Response to United States Defendants' Argument
Introduction, and upon the foregoing as for United States Defendants' argument as to Part I
to wit Plaintiff denies that the specifically targeted socio~economic nature of the actual all
encompassing existential injury~in~fact is somehow evades the "Standard of Review"
To wit Strunk contends that Mr. Pence and the trustee Fiduciaries of the respective
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION and UNITED STATES
DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS among others yet named are
part of the Enterprise Machine challenged herein who as trustees with fiduciary responsibly to
Plaintiff along with those similarly situated are liable even if it to the lesser degree of the
maintenance of an accurate public record of the election, investigation and or promulgation of
enforcement of law based upon the finding herein (hereinafter referred to as "part of the
Enterprise Machine challenged herein Federal Trustee Fiduciary duty to Plaintiff along with
those similarly situated'); and further .
49
Introduction, and upon the foregoing as for United States Defendants' argument as to Part I~
A.. to wit Plaintiff denies that the specifically targeted socio~economic nature of the actual all

encompassing existential injury-in-fact is somehow evades the "A. Federal Rule of Civil
Procedure 12(b)(l)" To wit Strunk contends as to Federal Defendants all along with those yet
named are part of the Enterprise Machine challenged herein have a Federal Trustee Fiduciary
duty to Plaintiff along with those similarly situated; and further.
Introduction, and upon the foregoing as for United States Defendants' argument as to Part I~
!!... to wit Plaintiff denies that the specifically targeted socio-economic nature of the actual all
encompassing existential injury~in~fact is somehow evades the "B. Federal Rule of Civil

Procedure 12(b)(6)" and Strunk acknowledges the application of the dicta that quote:
"To survive a motion to dismiss under Federal Rule of Civil Procedure Rule 12(b)(6),
each claim in a pleading must set forth sufficient factual allegations, accepted as true, ''to
state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (citation and quotation marks omitted). In applying this standard, the Court must
"accept[ ] all factual allegations in the complaint as true, and draw[ ] all reasonable
inferences in the plaintiffs favor." Chambers v. Time Warner, Inc., 282 F.3d 147, 152
(2d Cir. 2002)."
To wit Strunk contends as to Federal Defendants all have part of the Enterprise Machine
challenged herein a Federal Trustee Fiduciary duty to Plaintiff along with those similarly
situated; and further.
Introduction, and upon ihe foregoing as for United States Defendants' argument as to Part II
to wit Plaintiff denies that the specifically targeted socio-economic nature of the actual all
encompassing existential injury~ in~ fact is somehow that quote:
L-
50
"Plaintiff's Causes of Action Must Be Dismissed Pursuant to Federal Rule of Civil

Procedure 12(b)(I)." Strunk asserts seven causes of action in his Complaint: (1) denial of
substantive due process; (2) denial of equal protection; (3) conspiracy to deny equal
protection; (4) infringement on plaintiffs speech and association; (5) disproportionate
dilution of house representation using illegal aliens for partisan unjust enrichment; (6)
dilution of "vote property" using illegal aliens; and (7) insurrection against the United
States using illegal aliens."
To wit Strunk contends as to Federal Defendants all part of the Enterprise Machine challenged
herein have a Federal Trustee Fiduciary duty to Plaintiff along with those similarly situated. ;
and further
Introduction, and upon the foregoing as for United States Defendants' argument as to Part II-
A to wit Plaintiff denies that the specifically targeted socio-economic nature of the actual all
encompassing existential injury-in-fact is somehow that quote:
"A. Plaintiff Lacks Standing to Assert His Claims Against the Federal Defendants" as
Strunk acknowledges the application of the dicta that as Strunk asserts that "Article III of
the Constitution confines the judicial power of federal courts to deciding actual 'Cases'
or "Controversies.'" Hollingsworth v. Perry,_ U.S.~ 133 S. Ct. 2652, 2661 (2013).
Standing is "the threshold question in every federal case," Warth v. Seldin, 422 U.S. 490,
498 (1975), and "one essential aspect of this requirement is that any person invoking the
power of a federal court must demonstrate standing to do so. Hollingsworth, 133 S. Ct. at
2661." As Federal Defendants argue "Respectfully, it is clear that Strunk does not have
standing to bring whatever claims he is attempting to assert against the Federal
Defendants."
To wit Strunk contends as to Federal Defendants all part of the Enterprise Mac~ine challenged
herein have a Federal Trustee Fiduciary duty to Plaintiff along with those similarly situated;
and further.
B to wit Plaintiff denies that the specifically targeted socio-economic nature of the actual all
encompassing existential injury-in-fact is somehow as Federal Defendants argue that quote:
51
"B. Plaintiff's Claims are Barred By Principles of Sovereign Immunity". As Federal

Defendants argue that "Strunk's Complaint must also be dismissed because his claims
against the Federal Defendants are barred by sovereign immunity. It is elementary that
"[t]he United States, as sovereign, is immune from suit save as it consents to be sued ,
and the terms of its consent to be sued in any court define that court's jurisdiction to

entertain the suit." United States v. Sherwood, 312 U.S. 584, 586 (1941). A waiver of
sovereign immunity "cannot be implied but must be unequivocally expressed." United
States v. King, 395 U.S. I, 4 (1969)."
and further.
C "C. Plaintiff's Claims Against the Federal Defendants are Moot", to wit Plaintiff denies such
that the specifically targeted socio-economic nature of the actual all encompassing existential
injury-in-fact is somehow that as Federal Defendants argue that quote:
"Strunk's claims are moot because Congress has already declared the winner of the
presidential election. The mootness doctrine limits Article III courts to deciding "actual,
ongoing controversies." Honig v. Doe, 484 U.S. 305, 317 (1988)."

and further.
Introduction, and upon the foregoing as for United States Defendants' argument as to Part III
Pursuant to Federal Rule of Civil Procedure 12(b)(6) for Failure to State a Cause of Action, to
wit Plaintiff denies that the specifically targeted socio-economic nature of the actual all
encompassing existential injury-in-fact is somehow that as Federal Defendants argue that quote:
"Each of Plaintiff's Claims Must Be Dismissed Pursuant to Federal Rule of Civil
52
Procedure 12(b)(6) for Failure to State a Cause of Action. In addition to the foregoing
threshold jurisdictional defects, Strunk's Complaint must also be dismissed because each
of his causes of action fails as a matter of law. At most, Plaintiffs Complaint consists of
a series of conclusory and unsupported allegations and conspiracy theories."
and further.
Introduction, and upon the foregoing as for United States Defendants' argument as to Part
III. l. substantive due process, to wit Plaintiff denies that the specifically targeted socio-
economic nature of the actual all encompassing existential injury-in-fact is somehow that as
Federal Defendants argue that quote:
"Strunk's first cause of action alleges an unspecified denial of substantive due process by
the "California and New York Defendants," and by its terms states no claim against the
Federal Defendants. Even if it could be construed to state a claim against the Federal
Defendants, it must be dismissed. "A substantive due process claim has two elements: (1)
identification of the constitutional right at stake, and (2) consideration of whether the
state action was arbitrary in a constitutional sense." See Drain v. Freeport Union Free
Sch. Dist., No. 14-CV-1959 SJF, 2015 WL 1014451, at *1 (E.D.N.Y. Mar. 9, 2015);
Bryant v. City of New York, No. 99 Civ. 11237,2003 WL 22861926, at *8 (S.D.N.Y.
Dec.2, 2003) (citing Lowrance v. Achty1, 20 F.3d 529, 537 (2d Cir. 1994))."
and further.
III. 2. Equal protection, to wit Plaintiff denies that the specifically targeted socio-economic
nature of the actual all encompassing existential injury-in-fact is somehow that as Federal
Defendants argue that quote:
53

11
Strunk's second cause of action alleges an unspecified denial of equal protection under
the law by the "California and New York Defendants," and by its tenns states no claim
against the Federal Defendants. Even if it could be construed to state a claim against the
Federal Defendants, it must be dismissed. A claim of violation of equal protection by
selective enforcement of the law generally has two elements: "(1) th(( person, compared
with others similarly situated, was selectively treated; and (2) that such selective
treatment was based on impermissible considerations such as race, religion, intent to
inhibit or punish the exercise of constitutional rights, or malicioUs or bad faith intent to
injure a person." LaTrieste Rest. & Cabaret Inc. v. Village of Port Chester, 40 F.3d 587,
590 (2d Cir. 1994). Under Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000)
(per curiam), an individual, not alleging invidious discrimination on the basis of
membership in some group, may nevertheless prevail on an equal protection claim
provided she shows that (1) "she has been intentionally treated differently from others
similarly situated and" (2) "there is no rational basis for the difference in treatment." As
Strunk's second cause of action contains no allegation that he was intentionally treated
differently than other similarly situated persons, his second cause of action fails as a
matter of law."

and further.
III. 3. Equal protection conspiracy, to wit Plaintiff denies that the specifically targeted socio-
economic nature of the actual all encompassing existential injury-in-fact is somehow that as
Federal Defendants argue that quote:
"Strunk's third cause of action alleges a conspiracy to deprive him of equal protection
under the law in violation of 42 U.S.C. 1985 by the "California and New York
Defendants," and by its tenns states no claim against the Federal Defendants. Even if it
could be construed to state a claim against the Federal Defendants, it must be dismissed.
To make out a violation of Section 1985, a plaintiff "must allege and prove four
elements: (1) a conspiracy; (2) for the purpose of depriving, either directly or indirectly,
any person or class of persons of the equal protection of the laws, or of equal privileges
and immunities under the laws; and (3) an act in furtherance of the conspiracy; (4)
whereby a person is either injured in his person or property or deprived of any right or
privilege of a citizen of the United States." Robinson v. Allstate Ins. Co., 508 Fed. App'x
7, 9 (2d Cir. 2013) (quoting United Bhd. of Carpenters v. Scott, 463 U.S. 825, 828-29
,--.

(1983)) (internal quotation marks omitted). With respect to the second element, a plaintiff
54
must show that the conspiracy was motivated by "some racial or perhaps otherwise class-
based, invidious discriminatory animus .... " Id. (qUoting Britt v. Garcia, 457 F.3d 264,
270"
and further.
Ill. 4. First Amendment- Speech and Association, to wit Plaintiff denies that the specifically
somehow that as Federal Defendants argue that quote:
"Strunk's fourth cause of action alleges a violation of his First Amendment right to
freedom of speech and association by the "California and New York Defendants," and by
its terms states no claim against the Federal Defendants. Even if it could be construed to
state a claim against the Federal Defendants, it must be dismissed. This cause of action
fails as Strunk has not identified any putative speech or associational right which was
allegedly infringed upon."
herein have a Federal Trustee Fiduciary duty to Plaintiff along with those similarly situated; and
further.
III. 5. Disproportionate Dilution of House Representation for Partisan Enrichment, to wit
encompassing existential injury-in-fact is somehow that as Federal Defendants argue that quote:
"Strunk's fifth cause of action alleges that the "California and New York Defendants aid
and abet the invasion of illegal aliens by provision and theft of public funds . . . for
partisan unjust enrichment[.]" By its terms, this cause of action states no claim against the
55
Federal Defendants. Even if it could be construed to state a claim against the Federal
Defendants, it must be dismissed. As noted above, Plaintiff has previously raised
substantially similar claims in at least one other lawsuit heard in this district, which was
dismissed with prejudice and affirmed on appeal. See Forjone, 2010 WL 653651, *2
(dismissing claims that "various states have failed to prevent non-citizens from voting in

elections" and that "by allowing non-citizens to vote, [plaintiffs') votes have been
effectively diluted."). He has also unsuccessfully raised simjlar claims in a lawsuit filed
in the United States District Court for the District of Columbia. See Strunk v. United
States Dep't of Commerce, Bureau of the Census, et al., 2010 WL 960428, *1
(dismissing Strunk's claim that "defendants improperly are counting tourists [i.e., illegal
aliens] in the 2010 census," and as a result, "plaintiff asserts that he is disenfranchised-
the strength of his vote is diluted."). Each of these cases was dismissed in its entirety with
prejudice."
and further.

III. 6. Dilution and Diminution of Vote Property, to wit Plaintiff denies that the specifically
somehow that as Federal Defendants argue that quote:
"Strunk's sixth cause of action alleges a conspiracy among the defendants to use public
funds "in the enticement for the invasion of illegal aliens to dilute and disproportionate
take vote property using illegal aliens to disproportionately dilute intra and interstate
representation." (Dkt. #1, '1196). While this cause of action is unintelligible, to the extent
that Plaintiff intends this cause of action to raise a gerrymandering claim; it fails for the
same reasons that the fifth cause of action fails as a matter of law - i.e., that he has failed
to allege the essential elements of such a cause of action. To prevail on such a claim,
plaintiff would have to prove both intentional discrimination against an identifiable
political group and an actual discriminatory effect on that group. See Davis v. Bandemer,
478 U.S. 109, 127 (1986). Plaintiff has not alleged any facts that could support such a
claim here. n
56
and further.
III. 7. Insurrection Using Illegal Aliens Against the United States, to wit Plaintiff denies that
the specifically targeted socio-economic nature of the actual all encompassing existential injury-
in-fact is somehow that as Federal Defendants argue that quote:
"Strunk's final cause of action alleges that the Defendants "aid and abet the invasion of
illegal aliens by provision and theft of public funds in the enticement for the invasion of
illegal aliens to are [sic] engaged in insurrection against the Posterity of the United
States." (Dkt. #1, ~ 102). This cause of action fails for the simple reason that there is no
civil cause of action for "insurrection" under the law. Accordingly, Plaintiff's seventh
cause of action must be dismissed."
and furthennore.
To the extent as referenced above that the NARA and US Bureau of the Census are here
as a matter of an accurate Public record due to the non/mis/malfeasance of public officers
involving 8 USC 1324 Harboring of illegal aliens for so many years that goes to the impact upon
the operation of Title 3 USC 1 thru 21 for Election of the POTUS that includes the President
of the Senate, now is Mike Pence; .and Mr. Pence was appointed by President Trump to oversee a
special commission to investigate voter fraud, which he says helped Hillary Clinton win the
popular vote. About which, the announcement came up when Mr. Trump was asked about
criticism that his claim of voter fraud is not backed up by the data. Mr. Trump said.: "Many
people have come out and said I'm right, you know that," Trump said. "You have illegals, you
have dead people ... it's really a bad situation." The Washington Post reported that Pence
57
~-~--------------------------
pledged to GOP lawmakers at the annual Republican retreat in Philadelphia that the
administration would initiate a "full evaluation" of voting rolls nationwide." (see Exhibit V -7).
Plaintiffs Request for a Declaratory Judgment on Defendants illegal alien harboring
The 1934 Declaratory Judgment Act provided that "[i]n cases of actual controversy"
federal courts could "declare rights and other legal relations of any interested party petitioning
for such declaration, whether or not further relief is or could be prayed .... " (SS) Upholding the
Act, the Court wrote: "The Declaratory Judgment Act of 1934, in its limitation to 'cases of actual
controversy,' manifestly has regard to the constitutional provision and is operative only in
respect to controversies whiCh are such in the constitutional sense. The word 'actual' is one of
emphasis rather than of definition. Thus the operation of the Declaratory Judgment Act is
procedural only. In providing remedies and defming procedure in relation to cases and
controversies in the constitutional sense the Congress is acting within its delegated power over
the jurisdiction of the federal courts which the Congress is authorized to establish." <86) Finding

that the case presented a definite and concrete controversy, the Court held that a declaration
should have been issued. <87) The Court has insisted that "the requirements for a justiciable case
or controversy are no less strict in a declaratory judgment proceeding than in any other type of
suit." (88) As Justice Douglas wrote:
"The difference between an abstract question and a 'controversy' contemplated by the

Declaratory Judgment Act is necessarily one of degree, and it would be difficult, if it
would be possible, to fashion a precise test for determining in every case whether there is
85
520 48 Stat. 955. The language remains quite similar. 28 U.S.C. 2201.
86
521 Aetna Life Ins. Co. v. Haworth, 300 U.S. 227,239-240 (1937).

117
522 300 U.S. at 242-44.
88
523 Alabama State Federation of Labor v. McAdory, 325 U.S. 450, 461 (1945).
58
such a controversy. Basically, the question in each case is whether the facts alleged,
under all the circumstances, show that there is a substantial controversy, between parties
having adverse legal interests, of sufficient immediacy and reality to warrant the issuance
of a declaratory judgment." (SII)
It remains, therefore, for the courts to determine in each case the degree of controversy
necessary to establish a case for purposes of jurisdiction. Even then, however, the Court is under
no compulsion to exercise its jurisdiction.<90) Use of declaratory judgments to settle disputes and
identify rights in many private areas, like insurance and patents in particular but extending into
all areas of civil litigation, except taxes,<9ll is common. The Court has, however, at various times
demonstrated a substantial reluctance to have important questions of public law, especially
regarding the validity of legislation, resolved by such a procedure. (!n) In part, this has been
93
accomplished by a strict insistence upon concreteness, ripeness, and the like.< ) Nonetheless,
even at such times, several noteworthy constitutional decisions were rendered in declaratory
judgment actions.<94> As part of the 1960s hospitality to greater access to courts, the Court
exhibited a greater receptivity to declaratory judgments in constitutional litigation, especially
89
524 Maryland Casualty Co. v. Pacific Coal & Oil Co., 312 U.S. 270,273 (1941).
90
525 Brillhart v. Excess Ins. Co. of America, 316 U.S. 491,494 (1942); Public Service Comm'n v. Wycoff Co.,
344 U.S. 237, 243 (1952); Public Affairs Associates v. Rickover, 369 U.S. 111, 112 (1962). See also Wilton v.
Seven Falls Co., 515 U.S. 277 (1995).
91
526 An exception "with respect to Federal taxes" was added in 1935. 49 Stat. 1027. The Tax Injunction Act of
1937, 50 Stat. 738, U.S.C. 1341, prohibited federal injunctive relief directed at state taxes but said nothing about
declaratory relief. It was held to apply, however, in California v. Grace Brethren Church, 457 U.S. 393 (1982).
Earlier, in Great Lakes Dredge & Dock Co. v. Huffman, 319 U.S. 293 (1943), the Court had reserved the issue but
held that considerations of comity should preclude federal courts from giving declaratory relief in such cases. Cf
Fair Assessment in Real Estate Ass'n v. McNary, 454 U.S. 100 (1981).
92
527 E.g., Ashwanderv. TVA, 297 U.S. 288 (1936); Electric Bond Co. v. SEC, 303 U.S. 419 (1938); United Public
Workers v. Mitchell, 330 U.S. 75 (1947); Eccles v. Peoples Bank, 333 U.S. 426 (1948); Rescue Army v. Municipal
Court, 331 U.S. 549, 572-573 (1947).
93
528 United Public Workers v. Mitchell, 330 U.S. 75 (1947); Poe v. Ullman, 367 U.S. 497 (1961); Altvater v.
Freeman, 319 U.S. 359 (1943); International Longshoremen's Union v. Boyd, 347 U.S. 222 (1954); Public Service
Comm'n v. Wycoff Co., 344 U.S. 237 (1952).
94 529 E.g., Currin v. Wallace, 306 U.S. l (1939); Perkins v. Elg, 307 U.S. 325 (1939); Ashwander v. TVA, 297
U.S. 288 (1936); Evers v. Dwyer, 358 U.S. 202 (1958).
59
cases involving civil liberties issues. (9 S) The doctrinal underpinnings of this hospitality were
sketched out by Justice Brennan in his opinion for the Court in Zwickler v. Koota, (%}in which the
relevance to declaratory judgments of the Dombrowski v. Pfister <97) line of cases involving

federal injunctive relief against the enforcement of state criminal statutes was in issue.
First, it was held that the vesting of "federal question" jurisdiction in the federal courts
by Congress following the Civil War, as well as the enactment of more specific civil rights
jurisdictional statutes, "imposed the duty upon all levels of the federal judiciary to give due
respect to a suitor's choice of a federal forum for the hearing and decision of his federal
constitutional claims." <98) Escape from that duty might be found only in ''narrow
circmnstances," such as an appropriate application of the abstention doctrine, which was not
proper where a statute affecting civil liberties was so broad as to reach protected activities as

well as unprotected activities.
Second, the judicially developed doctrine that a litigant must show "special
circumstances" to justify the issuance of a federal injunction against the enforcement of state
criminal laws is not applicable to requests for federal declaratory relief: "a federal district court
has the duty to decide the appropriateness and the merits of the declaratory request irrespective
of its conclusion as to the propriety of the issuance of the injunction." (!J!J)
95
530 E.g., Baggett v. Bu1litt, 377 U.S. 360 (1964); Keyishian v. Board of Regents, 385 U.S. 589 (1967); Turner v.
City of Memphis, 369 U.S. 350 (1962); Powell v. McCormack, 395 U.S. 486 (1969). But see Golden v. Zwickler,
394 u.s. 103 (1969).
96
531 389 u.s. 241 (1967).
97
532 380 u.s. 479 (1965).

98
533 Zwickler v. Koota, 389 U.S. 241, 248 (1967).
.- 99
l 534 Zwickler v. Koota, 389 U.S. 241, 254 (1967).
60
Plaintiffs Summary Argument as a Social Contract scope of harm
measured with 18 USC 1091
So that the Court is given juridical notice as a matter of establishing the breadth of
inflicted harm that this part of the challenged Enterprise Machine herein trustees with fiduciary
responsibly under violations of 8 USC 1324 are liable as to a scope of harm inflicted upon
Plaintiff among those similarly situated as Domiciliary private National Citizens of the United
States of America the 18 U.S. Code Chapter 50A 1091 Genocide, also known as the Proxmire
Act of 1987, applies herein under the Hague Convention Treaty of 1907 along with the Army
Field Manual of Regulations for Civil Occupation during the ongoing time of war or national
emergency for measuring severity of harm from the margins of the basic offense notwithstanding
whether this is a civil or criminal action applies nevertheless as follows:
(a) BASIC OFFENSE.-Whoever, whether in time of peace or in time of war and with the
specific intent to destroy, in whole or in substantial part, a national, ethnic, racial, or religious
group as such-
(!) kills members of that group;
(2) causes serious bodily injury to members of that group;
(3) causes the pennanent impainnent of the mental faculties of members of the group
through drugs, torture, or similar techniques;
(4) subjects the group to conditions of life that are intended to cause the physical
destruction of the group in whole or in part;
(5) imposes measures intended to prevent births within the group; or
(6) transfers by force children of the group to another group; shall be punished as
provided in subsection (b).
(b) PUNISHMENT FOR BASIC OFFENSE.-The punishment for au offense under subsection
(a) is-
61
c (1) in the case of an offense under subsection (a)(l), where death results, by death or
imprisonment for life and a fine of not more than $1,000,000, or both; and
(2) a fine of not more than $1,000,000 or imprisonment for not more than twenty years,

or both, in any other case.
(c) INCITEMENT OFFENSE.-
Whoever directly and publicly incites another to violate subsection (a) shall be fined not more
than $500,000 or imprisoned not more than five years, or both.
(d) ATTEMPT AND CONSPIRACY.-
Any person who attempts or conspires to commit an offense under this section shall be punished
in the same manner as a person who completes the offense.
(e) JURISDICTION.-There is jurisdiction over the offenses described in subsections (a), (c),
and (d) if-
(1) the offense is committed in whole or in part within the United States; or
(2) regardless of where the offense is committed, the alleged offender is-
(A) a national of the United States (as that term is defined in section 101 of the
Immigration and Nationality Act (8 U.S.C. I 101 (/uscode/text/8/1101)));

(B) an alien lawfully admitted for permanent residence in the United States (as
that term is defined in section 101 of the Immigration and Nationality Act (8
U.S.C. 1101 (/uscode/text/8/1101 )));
(C) a stateless person whose habitual residence is in the United States; or
(D) present in the United States.
(f) NONAPPLICABILITY OF CERTAIN LIMITATIONS.-Notwithstanding section 3282, in
the case of an offense under this section, an indictment may be found, or information instituted,
at any time without limitation.
To wit Plaintiff is a private national Citizen of the USA whose group defined above has
been harmed in all manner of socio-economic and civil ways by the crime associated with 8 USC
62
1324 harboring by State and Municipal Defendants with acquiesces by members of Congress
who if not silent aided and abetted the Executive themselves in the crime for personal gain and
admit to their crime by public pronouncements and enactments in breach of public duties and
maliciously done, despite the fact that under Title 8 as Mr. Cutler states, shown in Exhibit W,
and worth repeating that quote:
"Mayors of "Sanctuary Cities" are not helping illegal aliens who fall victim to criminals.
In point of fact, illegal aliens who assist law enforcement authorities are able to acquire
visas that enable them to live and work legally in the United States.
"If our political leaders truly want to assist aliens who fall victim to crimes and they want
to go after transnational criminals and hmnan traffickers, they need to encourage illegal
aliens to cooperate with ICE to provide actionable intelligence that can ultimately
identify, investigate, arrest and prosecute these alien criminals. Shielding illegal aliens
from detection by ICE is illegal and undermines public safety and national security.
"The 9/11 Commission made it clear that terror attacks, and not just the attacks of 9/11
were made possible by multiple failures of the immigration system ... "
As such there is no legitimate legal rational other than ignorance for there is no defense
that a Public Officer may harbor an illegal alien per se, logically any Public Officer activity in
harboring is suspect activity involved in crime, and that act of harboring with no immunity and
or Eleventh Amendment protection. IN both New York and California the banks through the
banking fractional discount system are using illegal aliens against Federal law to profiteer as they
had done in 1999 to get rid of Glass Steagall for the theft of the Special Trusts Funds and by
commingling funds for egregious speculation that continues niow even worse that seen in 2008,
and that Defendants are acting in a quid pro quo collusion to facilitate unjust enrichment using
illegal aliens. At this point in time the nearly sole remaining pieces of personal property are the
individual vote and life itself and even those are taken by harboring and corruption driven greed
That when harboring is so closely tied to the provision of drivers licenses and or any form'
of identification to be used to assume the identity of a domiciliary US Citizen with exclusive
63
protected privileges and immunities including the exclusive right to vote throws suspicion over
the entire voting process that must be scrutinized extremely closely as a matter of the pattern of
fraud at elections that started during the 1990s when the National Voter Registration Act "Motor

Voter" was initiated and with enactment of the Help America to Vote Act implemented
"Provisional Voting" whereby "Voting by Mail" previously termed "Absentee Ballots" extended
the basis for fraud under the cloak of a secret ballot whereat the polls or main office in effect no
one could be efficiently chaiienged to prevent fraud. Such was the 1996 General Election
California when Robert K. Doman was defrauded by illegal alien vote fraud that by operation of
law the House of Representatives, with Newt Gingrich as speaker, was the final judge of the
member elections and by a cynical deal between the Democrats and Republicans racketeering_
enterprise that aided the fraud despite the fact that the INS had proven iiiegals in considerable

numbers had voted and absent that involvement Mr. Doman won, nothing was done to correct
the voter rolls then in 1996 or now despite HA VA court cases especially here in New York.
Now especially with HA VA the national registration rolls that should show who is
registered where as a result of political interference and sedition by the likes of George Soros and
his NGOs still remains unenforced as to multi-state registration by moving, student attendance or
otherwise even the dead live on election day and even before hand by aid of the US Postal
service as mail fraud too - Undersigned has not expectation that Mr. Pence's' commissionership
will be able to correct the situation without this Court to assist by way of relief and scrutiny done
herein. There have been very few opportunities to correct this scandalous theft of Private
National Citizen rights since 1976, with the exception of the present political atmosphere with
Misters Trump and Pence in office, and we must not miss taking the initiative to straighten out
what should be obvious.
64
CONCLUSION IN RESPONSE
The evidence shows both prima facie and actual proof of Defendants" harboring of
Illegal aliens in collusion with person/ entities under the jurisdiction of the Federal Government
for unjust enrichment to the detriment of Undersigned; as such Plaintiff wishes an order of the
Court to proceed with a schedule for pre-trial conference, as there are several Federal questions
along with substantial Constitutional claims raised above in support of the Petition with
Complaint and contends that with the affidavit of Robert K. Doman proving a pattern of
malicious infringement that there is a substantive request for Three Judge Court with 28 USC
2284 for enforcement of the provisions of the Fourteenth Amendment as to all defendants
subject to the further and different reason and proof provided in the Undersigned1s trial with
testimony of witnesses to provide evidence of harm complained of for available relief under the
14th Amendment and related law along with further and different relief the Court deemed
necessary for justice pursuant of a Declaratory Judgment on the matter of harboring, along with
different and further relief the Court deems necessary for 'ustice herein.
-=~pher Earl Strunk, in esse Sui juris

State ofNew York )
} ss.
County of Kings )
BEFORE ME, on this day personally appeared Christopher Earl Strunk, known to me to be the person
described herein and who solemnly affinned under the penalties of peljury that every statement given
above was the whole truth to the best ofhis knowledge.
Subscribed and Affmned before me on this Lfj_day of April, 2017.
Notary Public
65 Nollrj' hlllc, -oi-\WI<

CAMILE TAYLOR
~~q~~o~n~~oatllTAtiJm7
Qlliollllod ill~ Co!mtv, ..,_
E:rplndoll: f.ti(-= ::2. T .

U.S. DISTRICT COURT- N.D. OF N.Y.
FILED
UNITED STATES DISTRICT COURT APR 2 0 2017

FOR; THE NORTHERN DISTRICT OF NEW YORK
AT O'CLOCK
Civil Case No: 1: 16-cv-1496 (BKS I DJS) Lawrence K. Baerman, (1:---c,,c-_-;-Sy-,"-""
x---------------------------------------------------------------------------------------------------------------x
In the matter of:
CHRISTOPHER E~ STRUNK, Individually ofNew York;

versus
THE STATE OF CALIFORNIA with Edmund Gerald "JERRY" BROWN Jr., Individually
and as Governor; and Alejandro "ALEX" PADILLA, Individually and as Secretary of State
(SOS); THE STATE OF NEW YORK with ANDREW M. CUOMO, Individually and as
Governor; THE STATE'' OF NEW YORK BOARD OF ELECTIONS; THE CITY OF
NEW YORK (NYC); \\jarren "BILL DE BLASIO" Wilhelm Jr., Individually and as the
Mayor of NYC; THE N)'C BOARD OF ELECTIONS; NATIONAL ARCHIVES AND
UNITED STATES DEPJ\RTMENT OF COMMERCE BUREAU OF THE CENSUS;
x--------------------------------------------------------------------------------------------------------------x
PLAINTIFF'S DECL~TION IN SUPPORT OF THE MEMORANDUM OF LAW
FOR PLAINTIFF'S OMBINED RESPONSE TO DEFENDANTS' MOTION TO
DIS SS THE PETITION WITH COMPLAINT
Undersigned, Christopher Earl Strunk, in esse Sui juris sole beneficiary agent in propria persona
for the inter vivos express trUst CHRISTOPHER EARL STRUNK (Plaintiff, non-belligerent)
similarly situated as Section 1 Fourteenth Amendment Private National Citizens of the United
States of America (USA) (I) Republican Party member, and also a Private New York Citizen;
complies with the 20 March 2017 ORDER for Response by April 19,2017 to the Defendants'
respective Motions to Dismiss the Petition with Complaint filed 15 December 2016 (Complaint).
1
Slaughter House Cases 83 U.S. 36 (1873), the Supreme Court concluded that the Constitution recognized two
separate types of citizenship -''national citizenship" and "state citizenship"-and the Court held that the Privileges
or Immunities Clause prohibits states from interfering only with privileges and immunities possessed by virtue of
national citizenship. The Court concl$ded that the privileges and immunities of national citizenship included only
those rights that "owe their existence to the Federal government, its National character, its Constitution, or its laws."
I
1. Undersigned's felldw New York acquaintance for 14 years is Michael Cutler, who is an
expert witness available to testify as a retired Senior Special Agent of the former INS
(Immigration and Naturalization Service) whose career spanned some 30 years. He served as an
Immigration Inspector, Immigration Adjudications Officer and spent 26 years as an agent who
rotated through all of the squads within the Investigations Branch. For half of his career he was
assigned to the Drug Task Force. He has testified before well over a dozen congressional
hearings, provided testimony to the 9/11 Commission as well as state legislative hearings around
the United States and at trials where immigration is at issue. He hosts his radio show, "The
Michael Cutler Hour," on Friday evenings on Blog Talk Radio. His personal website is
http://michaelcutler.net/. Mr. Cutler contends in a number of his latest article (see Exhibit W)
for a variety ofwebsites, that by operation oflaw under Title 8, quote:
"Mayors of ''Sanctuary Cities" are not helping illegal aliens who fall victim to criminals.
In point of fact, illegal aliens who assist law enforcement authorities are able to acquire
visas that enable them to live and work legally in the United States.
"If our political leaders truly want to assist aliens who fall victim to crimes and they want
to go after transnational criminals and human traffickers, they need to encourage illegal
aliens to cooperate with ICE to provide actionable intelligence that can ultimately
identify, investigate, arrest and prosecute these alien criminals. Shielding illegal aliens
from detection by ICE is illegal and undermines public safety and national security.
"The 9/11 Commission made it clear that terror attacks, and not just the attacks of 9/11
were made possible by multiple failures of the immigration system ... "
2. Although my focus is upon harboring of illegal aliens per se, malicious policy that
applies to Undersigned's hann as State Policy of socio-economic malice is to be measured under
18 USC 1091 as an attack upon U.S. Citizen Nationals to destroy living standard and culture, as
policy that facilitates harm, Mr. Cutler published an analysis entitled IMMIGRATION
'REFORM': ENGINEERED DESTRUCTION OF THE MIDDLE CLASS: The plan to reduce
"wage inequa/itv" bv making Middle America poorer -- while the super rich pocket the
2
~-------------.-------------------~ --
dif&rence. on July 21, 2014 in FrontPage magazine that exposes the malicious policy pursued
!
by government as expresse<!l by Alan Greenspan of the Federal Reserve (see Exhibit X) during
his testimony at that hearingp Greenspan spoke of the:
"...advantages to the ' employment of foreign workers both illegal aliens, as well as high
1
skilled aliens admitted into the United States with visas that enable them to take the high
tech jobs."
Stated In fact, he called for greatly increasing the number of higbly skilled (and educated)
foreign workers. In this excerpt from his testimony, it is clear that he understands what most
Americans want, but he coul4 not care less:
'There are two distinptly different policy issues that confront the Congress. The first is
illegal immigration. the notion of rewarding with pennanent resident status those who
have broken our immig:ration laws does not sit well with the American people. In a recent
poll, two thirds would like to see the number of illegals decreased.
"But there is little doubt that unauthorized, that is, illegal, immigration has made a
significant contributioo to the growth of our economy. Between 2000 and 2007, for
example, it accounted for more than a sixth of the increase in our total civilian labor
force ... 11
Greenspan glossed over the significant costs on state and local governments and minimized the
issue of wage suppression. When people are among the working poor, every cent they earn
counts. He noted the imposition of significant costs on some state and local governments, but
what is significant is that corporations will make more money even as they offshore their
manufacturing facilities and their profits to minimize labor costs, violate safety and
environmental laws and standards and certainly dodge paying taxes in the United States.
Ibis should surprise no one. What level of empathy would you expect of someone who
could complain about too much money being paid to middle class workers (the privileged elite as
1
he referred to them)? This is precisely the position he took when he went on to support the
claims that had been made by Bill Gates at a previous hearing that the United States needs to
3
admit far more high skilledl workers into the United States. Here is how Greenspan's testimony
I
addressed this issue:

I
"First, skilled wor9'"s and their families form new households. They will, of necessity,
move into vacant ~ousing units, the current glut of which is depressing prices of
American homes. A~d, of course, house price declines are a major factor in mortgage
foreclosures and th~ plunge in value of the vast quantity of U.S. mortgage backed
securities that has corttributed substantially to the disabling of our banking system.
"The second bonus wbuld address the increasing concentration of income in this country.
Greatly expanding d.ur quotas for the highly skilled would lower wage premiums of
skilled over lesser skilled. Skill shortages in America exist because we are shielding our
skilled labor force from world competition. Quotas have been substituted for the wage
pricing mechanism.
"In the process, we hqve created a privileged elite whose incomes are being supported at
noncompetitively high levels by immigration quotas on skilled professionals. Eliminating
such restrictions would reduce at least some ofour income inequality. "
And Mr. Cutler contends as do I. that with systemic malice Mr. Greenspan refers to the
American middle class workers as the "privileged elite" is such an outrageous statement made at
a Senate hearing and go unreported. Yet this is what happened, is genocidal warfare against me.
3. Undersigned's first exposure to systemic harboring of illegal aliens goes to the pattern of
harm done while employed by the NYS Facilities Development Corp. (FDC) (see Exhibit A-3);
created by Republican Governor Nelson Rockefeller (bankers) in cooperation with Democrats
(people managers) such as Congressman John F Kennedy who as a U.S. House member
managed to divide the Social Security Fund (SSI) into components to be used to support those
persons deemed permanently disabled to be afforded SSI separate from the Mentally ill; and
wherein - Office of Mental Retardation versus Office of Mental Health was transformed into a
vehicle to finance construction, individual care and bonded finance for housing and care for the
Developmentally disabled. Frdm 1981 thru 1987 I was simultaneously the field engineer I
manager for projects at Staten Island Development Center (Willowbrook), The Institute for Basic
4
------------ ----------~
Research, South Beach Psychiatric Center, Brooklyn Development Center, Kingsboro

;
I Psychiatric Center, Rocklanfl Psychiatric Center. From 1984 thru 1987 was assigned the job of
'
shutting down the Willowb:rbok facility under the Federal Court Willowbrook Decree, where as
project manager supervised five (5) inspectors, and reported directly to the Governor's Office in
Albany weekly. I discoverer 8 USC 1324 harboring violations at Willowbrook and aroong
other care facilities. Forei~ aliens who would fly roundtrip into JFK with their retarded/
disabled infant/child with thei purpose to abandon them at the terminal -then to return home. The
Foreign alien had an understanding that the infant I child left behind would to be given U.S.
Citizenship arranged by the local U.S. House member or Senator, and then be interned for life
for long-term care being paid individually between $30k to $80k per armum by the Social
Security Administration out of the Social Security Fund- Charles Schumer knows about money.
4. My next experience with harboring hann, referenced by Mr. Cutler in Exhibit X, while at
NYS Facilities Development Corporation was government policy to replace Veterans and U.S.
Citizen employees, especially those registered Republican, with refugees from Eastern Europe
and Africa that I was to train, and in time who replaced me at less pay before my pension vested.
5. My next set of experiences with harboring harm occurred in NYC from 1992 after I left
FDC as a private contractor who over time was economically smashed by the NYC harboring
policies, and where obligated ~y Court order stayed in the city to be with my son weekly, then in
his mother's custody, and recently due to economic policy by NYC harboring relocated upstate.
6. Undersigned's associate: of 12 years, Robert K. Doman, will testify as to his Affidavit of
March 5, 2017 as a Virginia State Resident (see Exhibit U) that supports the causes of action
complained of as to California Defendants with sufficient probable cause evidence of harm and
rights infringement because of 8 USC 1324 harboring of illegal aliens as a result of the leniency
5
------------~---,----- ----
'

afforded by the NVRA as Il'fS investigated and proven illegal alien vote fraud in 1996 that shows
a pattern of vote fraud under voter registration with NVRA and provisional voting ease with
HAVA made increasingly easy for actual vote fraud against the requirements of 18 USC 611.
7. Mr. Doman and others have been injured by harboring of illegal aliens by State action
because of Sanctuary City mrdinance in place since no later than 1989, when e.g,. San Francisco
Administrative Code Chapter 12-H and 12-1 the "City and County of Refuge" Ordinance was
passed (see Exhibit 1-1) (similar to the NYC Sanctuary Ordinance since the Koch administration
that prohibited a police officer from asking when apprehended the person is a legally present in
the city), and ia which the Sanctuary Ordinance prohibits City employees from using City funds
or resources to assist Immigration and Customs Enforcement (ICE) in the enforcement of
Federal immigration law unless such assistance is required by federal or state law.
8. The ease of uninspected registration and voting by illegal aliens is admitted as a problem
statewide under CA AB 1461 October 2015 (see Exhibit 1-2) that holds the voter and public
officer harmless for law violiation and or dereliction of duty, and as of March 30, 2017 is
compounded with Senate Bill 54 as amended published March 30, 2017 (see Exhibit 1-3); and
since no later than 30 January 2017 as reported by SACRAMENTO CBSLA.com/Associated
Press (see Exhibit 1-4) there is seditious insurrection in California prohibiting local law
enforcement, as in NYC since the mid 1970s, from cooperating with federal immigration
authorities, creating a border to border sanctuary in the nation's largest state as legislative
Democrats ramp up efforts to battle President Donald Trump's duty to enforce the law. Further
legislation is scheduled to enact code Democratic lawmakers allege somehow protect immigrants
(SIC) from the Republican president who has promised as his duty to enforce the Federal law.
6
-- --- T
I
9. That similarly situated with me, J.B. Williams of The North American Law Center
(TNALC) whose director isl attorney Stephen Pidgeon, have acted to stop California harboring
I
and illegal voting earlier in the year having proposed Federal legislative Bill to Disqualify the
1
State of CalifOrnia from Pahicipating in the 2016 Federal Election (see Exhibit Y-1) and on
October 27, 2016 with follow-up article published on NewsWithViews.com (see Exhibit Y-2).
10. In March 2017, TNALC issued a White Paper entitled Report On USA Patriot Act
Violation (see Exhibit Z) that outlines the necessity to use the Patriot Act against the
organizations that illegally facilitate harboring, sedition, insurrection and terrorist belligerency,
well beyond free speech, all financed by the traitor Gy5rgy Schwartz. AKA George Soros, who I
sued in NYS Supreme Court by the Complaint with Index No.: 6500-2011 filed in March of
2011, and about whom I have written with consequence, as has my fellow New Yorker Dr.
Robert E. Kaplan PhD. who wrote the book THE SOROS CONNECTION: How the Exposure o[
George Soros as an Agent o[ Germanv has Led to the Revelation of Germanv's Here-to-fore
Unrecognized Aeparatus tor Controlling the United States and Achieving World Rule (2011).
11. That since filing the Complaint on 15 December 2016, additional exhibits apply for
evidence and named individual testimony at trial as listed below with a short explanation:
a. Undersigned as a registered non-belligerent continues to be the Executor for the
Express Trust of the Posterity of the USA filed with the Superior Court of Georgia
(see Exhibit A-1) and that applies as germane due to the fact by operation oflaw that
the continuing National Emergency for 84 under EBRA with Executive Order 2040
remains until revoked as jurisdiction to be observed by the Court as explained with
the Judicial Notice in the Memorandum of Law applies to Defendants' malicious
7
'
illegal acts to facflitate use of banking in commerce including obtaining mortgages in
competition with U.S. Citizens and or those aliens legally resident.
b. That 10/4/2016 jhe California list of POTUS I VPOTUS Elector slates for the
November 8, 2016 Ballot previously marked as Exhibit B is now Exhibit B-1;
c. The California E~ecutive Department Certificate of Ascertainment for Electors of
President and Vice President of the United States of America (see Exhibit B-2);
d. For the California Certification of the Election Results (see Exhibit B-3).
e. The August 5, 2016 American Independent Party of California letter to James Brulte,
Chairman of the California Republican Party and Cynthia Bryant, Executive Director
of the California ~publican Party From: Mark J. Seidenberg, American Independent
Party of California Chairperson And Markham G. Robinson, Executive Committee
Chairman (State Party), Chairman (National Party) Re: American Independent Party
2016 Presidential Ticket Intentions (see Exhibit C-1);
f The August 26, 2016 ALEX PADILLA I SECRETARY OF STATE I STATE OF
CALIFORNIA Steven J. Reyes Chief Counsel ELECTIONS DIVISION notification
RE: General Electidn: Ballot Layout Issues (see Exhibit C-2).
g. The August 26, 2016 American Independent Party of California letter To: County
Registrar of Voters From: Dr. Mark J. Seidenberg, American Independent Party of
California Chairperson Re: Urgent Questions about the form, content and handling of
the November 8, 2016, General Election Ballot and the September 9, 2016, Military
Ballot Mailing (see Exhibit C-3)
8
-------------
F\l DEFECTIVE CALIFORNIA PRESIDENTIAL CONTEST from

h. The email re
!
<mark@masterpUmner.com> Markham Robinson Thu, Oct 20, 2016 at 10:59 PM
To: suretynomor"@gmail.com Strunk Aide to Robert K. Doman (see Exhibit C-4)
1. The October 30,; 2016 American Independent Party of California A Petition to the
County Registrar of Voters with TABLE OF REPUBLICAN ELECTOR
NOMINEES and analysis of slates (see Exhibit C-5).
J. The October 7, 2016 American Independent Party of California letter to the County
Registrar of Voters From: Dr. Robert Ornelas, American Independent Party of
California Chairman Re: A Public Records Request about the November 8, 2016,
General Election Electors for President and Vice President of the United States,
especially as regards voter rights to see the list(s) of said Electors and about the ballot
masthead contents for the Presidential contest (see Exhibit D-1);
k. The October 27, 2016 American Independent Party of California letter To: Governor
Jerry Brown Attn; Constituent Affairs Subject: Request for Special Session of
California State Legislature State Chairman: Dr. Robert Ornelas State Vice
Chairman: Dr. Mark J. Seidenberg (see Exhibit D-2);
I. The November 7, 2016 American Independent Party of California DEMAND
LETTER TO THE CALIFORNIA SECRETARY OF STATE From State Chairman:
Dr. Robert Ornelas State Vice Chairman: Dr. Mark J. Seidenberg (see Exhibit D-3);
m. County of Sacramento Ballot Type 009 Page 6 for 11/8/2016 (see Exhibit E-ll;
n. Sample of County of San Francisco Ballot for 11/8/2016 Election (see Exhibit E-2);
o. The New York list ofPOTUS I VPOTUS Elector slates for the November 8, 2016
Ballot previously marked as Exhibit B is now Exhibit F-1;
9
p. The New York C~rtification of the Election Results (see Exhibit F-2) .
q. 11/18/2016 Statd Unauthorized Immigrant Populations
Exhibit G).
I Pew Research Center (see
r. 10112/2016 Breitbart by William Bigelow article Jerry Brown Signs Bill Allowing
Illegal Immigran$ to Vote (see Exhibit H).
s. City of San Franisco Office of Civic Engagement & Immigrant Affairs "Sanctuary
City Ordinance" (~ee Exhibit 1-1).
t. CA AB 1461 October 2015 (see Exhibit I-2);
u. CA Senate Bill 54 as amended published March 30, 2017 (see Exhibit I-3);
v. 30 January 2017 as report by SACRAMENTO CBSLA.com/Associated Press (see
Exhibit 1-4) California prohibiting local law enforcement from cooperating with
federal immigration authorities,
w. Thursday 2 Apri12015 14.45 EDT The Guardian by Kanishk Tharoor Non-citizens in
New York Citv could soon be given the right to vote (see Exhibit J-1);
x. July 14, 2016, by NYC press office Mayor de Blasio Launches Voter Registration
Forms in Five New Languages, Expanding Access to Voting (see Exhibit J-2);
y. February 22, 2016, Breitbart by Caroline May - Effort to Open Voting to Illegal
Immigrants Underway in NYC (see Exhibit J-3);
z. Commissioner Alan Schulkin to resign over his claims of voter fraud BY Madiiia
Toure 10/18/2016 4:25pm (see Exhibit K-1);
aa. Elections Cmnmis~ioner Admits to Widesp[read Voter Fraud on Hidden Camera by
Jack Burns on Ocgtober 12, 2016 (see Exhibit K-2) .
10
bb. December 5, 2016 THE ENTIRE Order to Show Cause with TRO Castorina eta! v
Bill Di Blasio eta! NYS SC County of Richmond Index No.: 80528/2016 including
the transcripts of NYC City Council Committee on Immigration (see Exhibit L-1);
cc. 1-5-2017 NYS SC County of Richmond Index No.: 80528/2016 Trial Transcript of
Witness Nisha Agarwal pages I thru 79 (see Exhibit L-2);
dd. 1-5-2017 NYS SC County of Richmond Index No.: 80528/2016 Trial Transcript of
Witness Steven flanks pages 80 thm 112 (see Exhibit L-3);
ee. 1-5-2017 NYS SC County of Richmond Index No.: 80528/2016 Trial Transcript of
Witness Commisjioner Jobn Miller pages 113 thru 142 (see Exhibit L-4);
i
if 1-5-2017 NYS SC County of Richmond Index No.: 80528/2016 Trial Transcript of
Witness Assemblyman Ronald Castorina pages 143 thru 176 (see Exhibit L-5);
.. gg. 1-5-2017 NYS SC County of Richmond Index No.: 80528/2016 Trial Transcript of
Witness Assemblywoman Nicole Malliotakis pages 176 thru 203 (see Exhibit L-6);
hh. 1-18-2017 NYS SC County of Richmond Index No.: 80528/2016 Trial Transcript of
Witness Bank Expert Jobn Burnett pages 204 thru 245 (see Exhibit L-7);
ii. 1-18-2017 NYS SC County of Richmond Index No.: 80528/2016 Trial Transcript of
Witness Sergeant Edward Mullins pages 246 thru 296 (see Exhibit L-8);
jj. 4-3-2017 New York State Supreme Court Justice Minardo in the Article 78 Petition
with Docket No.: 080528-2016 issued the Decision and Order (see Exhibit L-9).
kk Case 5:16-cv-07069 Document I Filed 12/09/16 Page I of 10 Koller v Brown
VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
(see Exhibit M) .
II
/1. April 16, 2008 Department of Elections for the City and County of San Francisco
'
voting handbook (see Exhibit N).
mm. November 8, 2016 Non-citizen Voting in School Board Elections- San Francisco
Voter Information Pamphlet & Sample Ballot (see Exhibit 0).
nn. 111128/16 Election Clerk Frances Austin for CA Ventura County re CA Election
Voter Complaint Form and correspondence with SOS (see Exhibit P).
oo. March 4, 2013, 80th FDR Inauguration Anniversary, Order by the NYS Supreme
Court Appellate :qivision that denies provision of Civil Due Process, and confirms
Martial Due ProceSs (see Exhibit 0)
pp. 5 May 2016, the ~ndersigned Executor for the Posterity non-belligerents obtained a
jurisdictional Order from the Clerk of the Court for the United States Court of
Appeals for the Armed Forces (USCAAF) with Docket No. 16-0512 (see Exhibit R)
qq. U.S. Army Field Manual 41-10-1962 Civil versus Martial Process depicted in the
Field Manual Diagram between the grey of Transition "A" and "B" (see ExhibitS).
rr. November 4, 2016 Strunk FOIL #2016-4195 rerecord destruction (see Exhibit T).
ss. Robert K. Dornan, a National Citizen along with Undersigned, and who according to
his Affidavit of March 5, 2017 is a Virginia State Resident (see Exhibit U).
tt. Alex Padilla_Califomia Secretary of State Provisional Voting in California (see
Exhibit V-1).
uu. BlackBoxVoting.org Accountability: In governance, accountability means
answerability to the public and the obligation to report, explain_and be held
responsible for consequences of decisions ? by Bev Harris November 18, 2016 (see
Exhibit V-2) .
12
vv. BlackBoxVoting.brg AUDITS OR FRAUDITS? by Bev Harris November 18, 2016

!
(see Exhibit V-31
ww. BlackBoxVot\ng.org ACTIONS: THE BRAKEY METHOD_By Bev Harris
November 15, 2016 (see Exhibit V-4).
xx. How the vote is counted in California after Election Day By JANIE HAR
Associated Press Wednesday, November 9, 2016 (see Exhibit V-5).
yy. Did Obama Encourage Illegal Immigrants to Vote? No, But YES BY: JAMES
BARRETT on NQVEMBER 7, 2016 an interview highlighted by Fox Business
News' Neil Cavuto(see Exhibit V-6).
zz. On February 5, 2017 THE HILL BY ALEXANDER BOLTON- 02/05117 04:36PM
EST report on Trump taps Pence to head voter fraud investigation (see Exhibit V-7).
aaa. On Aprill3, 2017 the website, lunacy of Sanctuary Cities. MICHAEL CUTLER
MOMENT: LETHAL SANCTUARY CITIES (see Exhibit W).
bbb. Mr. Cutler phblished an analysis entitled IMMIGRATION 'REFORM':
ENGINEERED DESTRUCTION OF THE MIDDLE CLASS: The plan to reduce
"wage inequality" by making Middle America poorer -- while the super rich pocket
the ditlerence. on July 21, 2014 in FrontPage magazine that exposes the malicious
policy pursued by government as expressed by Alan Greenspan of the Federal
Reserve (see Exhib!t X).
ccc. The North American Law Center (TNALC) whose director is attorney Stephen
Pidgeon, have acted to stop California harboring and illegal voting earlier in the year
having proposed Federal legislative Bill to Disqualify the State of California from
13
Participating in lthe 2016 Federal Election (see Exhibit Y-1) and on October 27,
2016 with fol1o~-up article published on News With Views. com (see Exhibit Y -2).
ddd March 2017, tNALC issued a White Paper entitled Report On USA Patriot Act
Violation (see E'!fibit Z).
12. As for HA VA '"Provisional Voting" the State of California instructed as shown in
Exhibit V-I that quote:
"Provisional Voting: If your name is not on the voter list at your polling place, you have
the right to vote a proviisional ballot.
What Is a Provisional Ballot? A provisional ballot is a regular ballot that is placed in a
special envelope prior to being put in the ballot box.
Who Casts a Provisiornti Ballot? Provisional ballots are ballots cast by voters who:
Believe they ewe registered to vote even though their names are not on the
official voter re~istration list at the
polling place.
Vote by mail but did not receive their ballot or do not have their ballot with
them, and instead want to vote at a
polling place.
What Happens After Y Qu Cast a Provisional Ballot?
Your provisional ballot will be counted after elections officials have confinned that you
are registered to vote in .that county and you did not already vote in that election.
You may vote a provisional ballot at any polling place in the county in which you are
'
registered to vote, howelver, only the elections contests you are eligible to vote for will be
counted.
How Can You Check The Status of Your Provisional Ballot?
Every voter who casts a [provisional ballot has the right to find out from their county
elections official if the bflllot was counted and, if not, the reason why it was not counted."
13. Based upon infonnation and belief Undersigned alleges that on 8 November 2016
the States of California pro'fided "provisional ballots" under HAVA to say 750,000 persons
and that the CA SOS conteOcts that such must remain under seal as to whom of the 400,000
of the rough total were recorded to have voted by absentee ballot renamed "Vote by Mail" .
14
~------------~---- r--

14. In late JanuWy 2017, Undersigned spoke with Bev Harris of Black Box Voting
concerning HAVA 11 Provisional Ballots" in California that according to her is the new means
to conduct vote fraud. Bev Harris influential reporting by Black Box Voting is referenced
worldwide, founded in ,2003, performs nonpartisan investigative reporting and public
education for elections. Author Bev Harris became known for groundbreaking work on
electronic voting machines, which can remove transparency of the vote count; other
important reporting pertaiins to voter lists, election chain of custody, transparency problems
with absentee voting, election industry corporate governance, and financial accountability in
elections. Opaque, non-tr$lsparent voting can afilict voter lists, poll lists, vote counting and
chain of custody; political finance can also be "black box."
15. In the January phone conversation with Bev Harris, she confirmed Undersigned's
suspicion about the fraud with use ofHAVA "Provisional Voting" evidenced by theCA SOS
treatment of the Provisional ballot records as sealed to protect the secret ballot,
notwithstanding the fact that we are merely interested in knowing who is registered as a
result of the issuance of the ballot and who voted that way and is information that must be
available but kept secret by either California, New York or any state per NVRA and HA VA.
16. That based upon a series of word Acrobat advanced searches and review of the
accompanying at least show room for considering prima facie harboring of illegal aliens
aided and abetted by the NYC and NYS Government agencies and even Judge Minardo in
conjunction with the Banks !per se, and as similarly used by the California Defendants under
the continuing National Em,ergency, and that a search of Bates paginated Exhibits for key
words in effective with proper use of tenus goes to the mens rea of the court, attorneys in
15
their papers and at testinb.ony, as to witnesses, the court and various government officials is
instructive as to intent an~ underlying bias:
a. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (F;xhibit pages 184 thru 967) search for the word "Bank" lists 135
instances in use ljy official correspondence and transcript testimony both at the NYC
'
Council Committ~e on Immigration and Testimony at trial.
b. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit

'
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Alien" listed twice (2)
c. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "lnunigraot" listed 117
times of the 209 instances in the entire set of Exhibits.
d. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for the oxymoronic term
"Illegal Immigrant" listed 38 times and not once in the L-9 Decision of the 59
instances in the entire set of Exhibits.
e. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Undocumented" listed
109 times of the 116 instances in the entire set of Exhibits
f. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Undocumented Alien"
listed only twice (2) on pages of the Mullin Testimony and nowhere else in the entire
set of Exhibits.
g. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
16
L-1 thru L-9 (llxhibit pages 184 thru 967) word search for "lllegal Aliens" listed
only four (4) ti~es, twice on pages of the Mullin Testimony and not once by Judge
Minardo, of the :h instances in the entire set of Exhibits.
h. As to the full O~C supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Federal" listed ISO
times of the 299 iftstances in the entire set of Exhibits.
1. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Registration" listed four
(4) times and not:once in the L-9 Decision of the 168 instances in the entire set of
Exhibits.
J. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Citizen" listed 29 times
and not once in the, L-9 Decision of the 166 instances in the entire set of Exhibits.
k. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit

'
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Vote" listed 64 times
and not once in the L-9 Decision, of the 1275 instances in the entire set of Exhibits.
l. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) word search for "Voter Registration"
listed not once ofth~ 90 instances in the entire set of Exhibits.
m. As to the full OSC supporting documents ofNYSSC 80528-2016 shown at Exhibit
L-1 thru L-9 (Exhibit pages 184 thru 967) generic word search for "American" listed
29 times and not once in the L-9 Decision of the 312 instances in the entire set of
Exhibits .
17
--- "]
n. As to the full O~C supporting documents ofNYSSC 80528-2016 shown at Exhibit

I
L-1 thru L-9 (E~hibit pages 184 thru 967) word search for the generic term "Legal"
listed 54 times otthe 116 instances in the entire set of Exhibits.
17. Notably Judge Minardo shown in Exhibit L-9 (Exhibit pages 947 thru 967) mentions
"Bank" seven (7) times "Inunigrant" four (4) times, "Federal" four (4) times, "Undocumented"
twice (2) referencing the :Mullin Testimony and "Alien" "American" "Vote", "Voter"
"Registration" not once.
18. Undersigned based upon the argument of Judge Minardo refusal at trial to argue the legal
'
basis for his jurisdiction, remarkably Minardo to Batra at Exhibit Page 683 of L-2 Testimony
Page 38 Does not allow the review of Federal law germane to the trial stated-- "THE COURT:
Wait. Mr. Batra, please. We are not going through legal questions here as far as what the
pyramid of law is and so forth. 11 - shuts down the petitioners' attorney.
19. It is clear from that the "city doesn't consider legal status when determining whether to
issue an ID card."
20. That Judge Minardo at L-9 page lO refers to the Testimony of Bank Expert John Burnett
regarding State and City collusiOn with the banks per se :
"John L. Burnett ~rks in financial services and writes for the Huffington Post.
Petitioners brought this witness as a financial expert. He testified that the IDNYC
card could be used to open bank accounts, but such use could not supersede federal
law. He testified tha~ there was a concern that the City of New York, could leverage
those institutions that do business with the City of New York to use the IDNYC card
as identification. Further, the letter of the Superintendent of the New York State
Department of Finanfial Services, dated September I, 2016, which provides guidance
on the use of the lli>NYC card as proof of identity for the use in opening bank
accounts could enha.t:e such leverage."
21. In my opinion the State Court admits it does not have jurisdiction over the matter before
it by refusing to allow discussion of Federal plenary power of immigration and the duty of all
18
---------,
public officers to observe t~eir duty of their oath .
22. As time is short a$ to the deadline for filing this response Undersigned reserves an
opportunity to go through the exhibits line by line as to actual and prima facie evidence of
harboring of illegal aliens and collision if allowed a sur-reply.
Wherefore, Plaintiff wishes an order of the Court to proceed with a schedule for pre-trial
conference, as there are several Federal questions along with substantial Constitutional claims
raised above in support of the Petition with Complaint and contends that with the affidavit of
Robert K. Dornan proving a pattern of malicious infringement that there is a substantive request
for Three Judge Court with 28 USC 2284 for enforcement of the provisions of the Fourteenth
Amendment as to all defendants subject to the further and different reason and proof provided in
the Undersigned's trial with testimony of witnesses to provide evidence of harm complained of
for available relief under the 14th Amendment and related law along with further and different
relief the Court deemed necessary for justice pursuant of a Declaratory Judgment on the matter
of harboring, along with different and further relief the Court deems necessary for justice herein.
e)Q~
StateofNewYork)
} ss.
County of Kings )
BEFORE ME, on this day personally appeared Christopher Earl Strunk, known to me to be the person described herein and who
solerrmly affirmed under the penalties of perjury that every statement given above was the whole truth to the best of his
knowledge.
Subscribed and Affinned before me on this _L&ay of April, 2017.
'
'
'I
I
19
Notary Public
CAMILE TAYWR
Nolll)' . - , S111e of New\Wk
~IIJTA613m7
=~~~~
I
I.
PLAINTIFF'S DECLAMTION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

PLAINTIFF'S COMB!:m:D RESPONSE TO DEFENDANTS' MOTION TO DISMISS
'THEPETnlONVITTHCOMPLUNT
Exhibit A-1
-- --- ------~
mi!.FM QEED IN tlWaT TO THE UNIDm S'tATiS,OF~C4 .

WlTllBENEFJCIARY mScBETION FOR PRIVATE CITIZENS OF TilE ~STA'J!E!I WHO

ARETKWN~CITIZEN.SUNDER~:~$'1'~~'!!'...~W
RESPE~~~~~:n~~~~~~..w.
. GoVERNMENT WITH ACONTUMNG NA'rtON;\LEMEim~r' . . .. .
This Express Deed i_a Trust is a claim of beneficial interest in aild over aU tM pub~ and jl:rivate
real personal, tangi~l& and intangible Property within THE UNITED sTATES OF ~CA geograplric
border to safeguard and secure for the posterity of WE the People ofthe United Statelcof America in the
nation given by GOD for securing each private' Citizen's unalienable 'rights and~ iiltere8t in
pursuit ollife liberty and happiness in perpetuity, and with the ~ecutor and Bene~ .j;.tj, lo this
Tru.t shall guarantee that aU incumbents and future candidate(s)fur the Oftico of ~rdor Vice
President of the United Stales (POTUSlshnU be a beoallde Nalwol&m Ci!~(liilie)~ie Ci~n of
the United Stetee agent who is surety no more to tbe Debtor Trust Efttily in comp~..wi the: United
States .Colllltitutinn Article 2 S..:tion I Clause s; either ander IZ USC 115 and 50 ttS!J~; .ll(b)~tll the
Military <l<\_,.,.ent authority of renewud annual National Emmgency:or otherw1ee (ll!t:l!:l:Ua 'faUST).
- - - - - - - - -
That this NATION of THE UNITED ST/L~QF AMERICA iliJrtft rromQ(!~Jiblillje>j, !!<>\lOrding
to the Declarotionofl~ependence in CONGRESs. July 4, me as the: ul.animou8 ~i:;OO of the
Freemenlhe thirteen unitud Stares ofAmerica atate, quote:
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The Preardhle. t(> t'h~ CoWitiP.tlOn of the U"'ted S!ateilli!'iYiil!f! ~ilthority ~~~~a: ..
'< '~' - '-~-':\~_,; :,_}, ;~,:, ;
We the Poopkof ~ UrUIi ~--. in Order U> form a t!Wre petfe#'f.li#JJn:. eswbliA/t!li#Pii!:<?.:i~ ,; < :
do~tic Tiuitqldlit:l. j>i'iiuiil8 fi>r'the ''""m'l!i ~ promilit tfw~ Wel/bi\;i'<i"it;~~ :r :
Blusi!Wa.of Lill<irl, ro~l~ <md our l'b4ten6(. do ordain Qilil:.it~Qbliilllhi8 c~~~P:liiliMI
$tateRO{Anuiri.Ca.: _ ,:
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That WE the People are onlf those private Citizens under GOD, not public citizens under men, and that
guarantee within this Nation that each Private Citizen's unalienable rights and beneficial interest is
secure in perpetuity as long a~ the Sovereign People of this Nation act under GOD as expressed in the
ll<)ok of Isaiah Chapter 55 Ve""' I thru 5, hereafter quoting from the King James V.rsion of the Bible:
I .
L Ho, every one that thir;teth, come ye to the waters, and he tha.t hath no money, come ye, buy, and
eat; yea, come, buy wine and milk without money and without price.
'
2. Wherefore do ye spend ~oney for that which is not bread? and your labour for that which
eatisfieth not? hearken !diligently unto me, and eat ye that which is good, and let your soul delight
itself in fatness.
3. Incline your ear, and COflle unto me: hear, and your soul shall hve; and I will make an everlasting
covenant with you, even the sure mercies of ,David.
,L Behold, I have given hUb.' for a witness to the people, a leader and commander to the people.
5. Behold1 thou shalt caft a nation that thou knowest not, and nations that k:new not thee
shall run unto thee ~cause of the LoRD thy God, and for the Holy One of Israel; for he
hath glorified thee. 1
'
:: t '
That the geographic borderland size orthis NATION ofTHE UNITED STATES OF AMERICA
including its population accordjilg to the Censue of 2QIO is depicted in the map and chart below with a
map showing public and private land that ineludes the coastal waters out to the limit of 200 miles as
follows:
Fderal Government Lomd&tn the U.S.
i
.......-..
=:.:..
~~
Exhibit A
-

.11_.;-...:=--.:-'""
Page 2ofl5
...............
.....,..,.-....
..--~ " '
...
t #""'
.:.:!\':'-~
.,, __ _
_,..._.
h-
- ' -- GOY Owned!.-'

That the "natuiAI.Jiorn !lltlzen"
ciause expreUed in thO ratified u.S.
_ConatitutioO Artide 2 Section 1
cra... s .,.. ~b)tthePoople

of New York with emphasi&_'that was
expreaeed as disp~te ~:t~July
26. 1763 ratification docU!tlent of
what should have boon. quotA>:
'That 1!9 Pfri!Jl e;wmt natural born
CUizens. or ~h as were Citiaens on
or be{Qre the /01.1rth day of July one
thouoond seve~ hlli:TUlred, and sevenly,
six;. or such gs held Commissions-
under the- United- Slgtes during the
.l!W:,. and haue at ait.Y rime since tlw
fourth day of July one tlwtistmd sct.>en
hundred and seventy six become
Citizens of one or other of the Unitro
States. and wliq skql! be Freehql,dgrs.
s/w/1 be li&:ibl 1!1 llw Plam 9l
Pr.admit.lice~ orMemW.
of eitlwr l1gww 91 tkt ~ of the
U~tiled States. "
And the People of New York

warned:
That the Powers of Ggveml!W!t max
be reossumed bv t!Jf &/Pk.
l<Jiienwever il shaU blo:ome
~ lo their H~ ihat
evety 1\>wer. Jurisdidio8 imd right,
wkich is 1Wl by the said-
<;on;~titution ctetirty 'rli:Zegated to the
' .. o{thiJU:
~trgreBB , , n~:~~ ,, ,, __ prJ].,
deparlmenUi .of iJ.s, Government
t/u.reo{. h!mainlt to ihs Ptopk 'i>f ihs
. staUt!.:
several . ir'ki
. . their:'
. . ~ .. lioc
State GowCIIJIIimlB to .whom J/uty.
may ha!!e grr.mted lhe ~m<t; And
that thase CIOW... in the liOid
Constitutilm. W/ikh ~: 'that
~- shall nat htlv6 Or '.x.Tcise
certain Powers. .. do rWt ilnpl1, t/l<ll
Congress is en.UiW to cmy PoWers
Ml- given by th4 said Coiu:titu~ion;
but such C-are to liiixJMti'Ui!d
. li ' . .i/OM ,;. . ' lain.
ett r tJ& ,~ , _ '~""-~
specified Powers. or -OB; ,iMerlfMJ_
Exhibit A Page 3ofl6

mere~ for greaU.r Caut~rL '

That the Naturalbor! Citizen clause does NOT derive froin the term ot art "'natural-
born Subject", but instead w ~ <lerived from ancient consideration of.GOD's Natural Law as expressed
in Greece by the works of Aris tle and -carried forward for use in Roman law by the works of Cicero.
Aristotle did not define ~tizenship like the English did.in the EngU.h common law in which they
did not give any relevaocy to ''
citizenship of the child's parents, provided the parents were not
diplomats or military invaders.IA.ristotle included in the definition of a "citizen" a person "'of whom both
the parents arecitizens." "' It io this definition which was haoded down through the millennia through
the law of nations and which tbb
Founders and Framers adopted for the new republic. We also see that
the then Supreme Court of the United States (SCOTUS) in Mi(!Qr v. Hq1111ers(tt, 88 U.S. (21 Wall.) 162
(1875) (Minor) (decided after tht Fourteenth Amendment was adopted in 1868) held that "all children
born in a country of parents whq were its citizens became themselves, upon their birth, citizens akJo. Tlte8e
were natives or naturalborn ci,..ens, as distinguished from aliens or foreigners" informed that a person
who became a citizen by being bpm in the country to "citizen" parents was known in eommon law with
which the Framers were familia). as a "notural-born ~itizen.." How do we know that the Founders and
Framers looked to Aristotle's viJw of citizenship? We learn from the historical record th~t Supreme Court
Justi~ James Wilson wrote in 1~91: '"'Generally speaking,' says the great political authority, Aristotle. 'a
citizen is one aartakittg equally (f{ power and of subordination.' ... In Wilson's view, "a citizen of
Pennsylvaniais he, who has resi~ed in t.he state two years: and, within that time, has paid a state or
county tax: or he i.s between thl! a,es of hventy orw ()ndlwenty tWo years. and the son of a citiaen." James
Wilson,. lst commentaries on the! Constitution. Here we clearly see Wilson referring to what could only be
a "~tural born Citizen" as "the sOn of a citizen."
We also know that the FoUnde1'8 and Framers studied Roman law. The Framers were weU read in
the Roman and Greek classics aBi is expounded upon in their writirtgs in the Federalist Papers. ,Jefferson
Aristotle also gave us a definition pi a "natural born Citizen.''ln "PoliticS, Book Thiee, Part II, Aristotle, writing in
1
350 B.d.E., as translated by Benjamin Jowett, gave Us his definition Ot cltizenshtp;-

;
"Part I! ,
But in practice a citiWJ is: ' tnn< tg bC 2M gfwhgm bqth I he ~qrent&are cittuRB; others insiat on
goiJlg further back: say -to tw or threa nr more ancestors. This is a short and practical defurition but there ,
are some who raise the ~r question: How this third or fourth 'ancestor carne to be a citizen? Gorgias of
~ti:ni, partly ~cal;ise he, ~s in a difficulty,_ partly, ih irony, said~ 'MOl'tal'$ are what~ made by'_the
.mortar-makers,, a:nd the citizfns of Lari~E!Il are tbO&e who are made by' the ~;or it ia their trade to
-~e-Larissaeans.' Yet the Qll~~on is. re~.r simple, for, if ~c_cording to the-detmition just given they shared
mlhe governmen~ they wetli Cltlzens. This ts a better definibon tban the other. For the words, 'horn of a
-f3the:r or mother who iti a <#t$-.en,' cannot possibly apply to the fi.rat i.l)habitants or founder-& of a state,
There_ iR a greater difficult:r_ i~ the case of those who have been made Citize~ a.ftet Q reVolution, as by
Cleistbenes at Athens after ~e expuhl:ion of the tyrnnt:s, for he enrolled in tribes many metiCI:'!, both
atrangers and slaves. The doUbt in these cases is, not who is, but whether he who is ought to be a citizen;
and there will still be a furthering t.heo state, whether a certain l(let is t?t ia not an act of the state; for what
out{h~ not to 00 is what ie: faJsf. Now, there itt1= OOine Viho hold o~~1 and yet ought not to hold office, whom,
we describe as ruling, but rulipg unj\llltly. And th citizen was defined by the fact of his belding some kind of
rule or office he who -holds a j:UdieiaJ or legiSlative offu:e fulfills our definition of a citizen. It is evideu:1t.
the~fore, that the citizens ~~ut whom_ the dotlbt hil$ aNteD mUst 1?e ~ed citizens."
... h!tp;Us!aS!;;s,llll~!lllli14\J:~~Ipolllics,hlml ,
EXhibit A Page 4of15

-- ----~- -------------------
and ?ther Founders had a love for Ro!llan history and education. The Founders and F*amers were g~at
admirera of Cieero and read many of his works. It is not inconceivable that they wonld have read this
English translation of The Proposal i 2l.and seen the clause "natUral born Citizen.." This:
shows that they

did riot JieCd to borrow the cla:use from English cOmmon law's "Mtitrol born sub)ect.~-Riither~ they Q.ad
SOuree6 that they read which contained the exact clause, "naJural born Citizen." which clause- also bad its.
own meaning which was different from that of an English "natural born subject" whim, allowed children
born in the King's dominion and under his allegiance tc aliens to be English "MturQ/ lx>tn su/iiects."
A definition of a "natural born Citizen" was also provided by the world renowned, Emer de Vattel in
hia The Law of Naljons. Section 212 (London 1797) (1st ed. Neuchatel175S). Vattel had a great
influence on the Founders and Framers in tQeir constituting the neW republic and Wtitb\g-the
Constitution. See, for exampl~, J.S. Reeves, The Influence of the Low ofNqture Upon International Law
in the United States. 3 Am.J. Int'l L. 547 et. seq. passim (1909) (Vattel exerted such a Profound political
influence that it i!J often poin~d out that his theories served as the backbone for American independence)
Lee A. Casey, David B. Rivkin, Jr. and Darin R. Bartram, Unlawful Belligerency and lts Implications
Unr.lnlm!Otipngl Lou. bttn:llw;rw.fedsO<;.Qfg/gu\>lit:atio,.teuoiD.lQ41Qu!; 2mU.!!Il (concerning U.S.
constitutional analysis. vattel is highly important. He was probably the in.ternatf,o1Jill ktto expBrt most
widely read a~ng the Framers). In fact, Vattelcontinued to be practically applied in our nation for well
over 100 years after the birth of the republie: .F.S. Ruddy, The AcceP!allCJ! of l!attel. J}rotian $0cj.ety
Papers (1972) (Vattel was mainstream politiCal philOS<>phy during tho writing of the C<lnstilution, Xhi!

La.w o/Nqtions was significantly the most cited legal source in America jurisprudence between 1789 and:
1820). The Founders and Framer studied and were greatly influenced by VatteJ: R.G. Naielaon. 'I1H;
Original ConBtitulkm 49 and 69 (2010} ("Vattel UXJ8 probably the Fo_unders, fouoritt authority on
international law ...." and his, treatise, The Law p/ NatWns. was their favorite).
What Minm: said about a "natural born Citizen W\UI confirmed in i!,!:l, 11. Wong Kim Ark. 169 U.S,
649 (1898) (acknowledging and confirinintr Minor's American common law definition of a "Mtural-liorn
citizen' but adding based on the English common law that since "(t)be child of an alien, if born in the
country, is as much a citiZen {lJ:J tJUt natural~ born. child_ of a dtizf!-ri, Und by opeiutWn:o{tke Sa~ principle
[bitth in the countryr (bracketed information supplied), a child bom in the United8tate.s to domiciled
arn;n parents was a Fourteenth Am!!ndinent "Citizen of the United St<Jtml}. This- AnieriCatt contllion-law
definition of a "OOlural_born. Citizen>$ has never' been changed. not even by the- Fo~l',l~ ,Mne~dlnent_
(only uses the clause 'citizen of the United States" and doas not mention 'natural 11(/m Citizm") 0r b~ .
W<1:-4 Kim Ark., and therefore still pwvtrils todAY. Both those u:s. Supreme Court Useadefine a''natiu-al
barn Citiurt-" as a ch-i).d_ bo~ in a country to p+nts who are citiZens of that countrY.',,
1 Roman law -P',OYidcd: ''Lea: M!NSIA, That acltild abould be beJstal Aforeiaier. iteitJJQ Qi'the-PWia
-~ , , . . .
(patrem sequunturlibeii. Ltv: tv. '4,) an~ if~m~d, Qfthe mother. l)lpiaD." Alennde,r ~ ' ' a'Dtiquit:ies:
or, Ari ~unt ofthe manners imd cW.tmna oitba Romans 210 (6th -ed. corrected 1807). c~ wrote iQ AProP<>aal:
,"'The bolopbanians claim Hotner as -tbeir own: tree, Denizen, the Chians challenge him as th~, _the -&lanli~
demand him qain for their own. but the Smy:rneamo assert him to be their natural brim Cititen;,and:t4ereoxie have
al~ dedi~~ ~:rem~le- to ~.i:n in 'their 'Tnwn of Smroa. Thete are a great many besidea at Da~~-4t1lWi~ aMori(

tbem8e1ves, and contend for him. ,,-
A Proposai)'or j'rinting in English, The Select Oration ofMarcue Tullius Cicero, According to the 1aat Qxrord
Editionl7 (Henry Eelbeck lrlina. London 172!)), : . ' ,
Exhibit A Page 5 of15
.------,...,..-------------------:--~- -~--
lAMAR COUNTY. GA. SUPERIOR COURT

Mji),~OE2TINC'f:~~
I BPABOOK::.:&: PAG~-
: zll.i'!
DEPUTY ClERK
In the matter of Rome's hwp d'etat over the "Accursed~ United States of~riea
by Eric Jon ~elps with edits by Christopher Earl Strunk (2014)
On March 4,1983 Franklih Delano Roosevelt (FDR) assumes the Office of President of the
Uni.Wd States, and with hisiinaugural Address seizes and gives ALL Propercy and persobs as
collateral fur the debt of the United States in national "consecration'' to its prime Creditors, the
Vatican State and Crowlj's City of London, and as Commander in chief FDR Issues
Proelamation 2039 on Mlirch 6, 1933, as the Military Conqueror as if he were "Augustus
Caesar'' of the American fRepublic, declaring a state of National Emergency based upon
The "Trading With the Enemy Act" of October 6, 1917 (40 Statute Law 4ll)i
Congress at the demand of elry

Governor on Mareh 9, 1933 passes the "Emergency Banking
Relief Act" (12 USC 95a), thEby Amending the notorious World War I Statute ''Trading With
the Enemy Act" of Octo r 6, 1917, (50 USC App. 5(b)) (TWEA), and then FDRissues
Proclamation 2040 on Ma 9, 1933, also confirmed by ''Emergency Banking Relief Act"
(12 USC 95b) and h ging the TWEA inland, imposing Military Government
i
This Amended W\\1 Statiute in fact regards all "PERSONS" "Within the United States" as
seized-property of the feq.eral government to, be treated as an "enemy" and '"enemY ally" or
"betligerents and rebels" by the Conqueror's Military Government.
These "belligerents anJ rebels" are publicly residing in the Several States Now considered
to be "conquered territPries."
By-1939 all American CofunonLaw Civil Process will be gone. In its place will be Roman
Civil Law Martial Pr-ss imposed on all "PERSONS" (natural and artificial) !lllbject to
tP,e Conquerots De fact~ Equity Jurisdiction of the "United States."
'
This Martial Process wjll apply te all Publie ''United States Citizens."
i
Thi, !~fartial Process c""""t apply te Private "Citizens of the Un.lted States; Privately
residing on the land at C<}m!llon Law, while .holding Pnvate State Cttizenship pureuant te
. !lOOfjQn 1 of the 14"' Ameidment.
"The Emergen~y Banking Relief Act" (EBRA) (48 Statute Law 1)

'
This Act accomplished the Desillfl of the Society of Jesus _in "the Company's" Great Conspiracy
.
against the Liberties of the Unit~d States set f~h in .Samuel Morse's Nineteenth century .
ml!aterpiece, Fore' Cons ' ' n te (1835}. Just as the Order
had broug!lt the Britioh Admiral (possessing both a criminal and.civil jurisdiction Ul)1ike ~eriean
Admiralcycwith oni.Y a ciYil juri,s<jiction) inland in tbe day of Jesuit ruled King Charles St~ I of
England thereby attempting to dP away .with the English Common Law on the laud, the Jesllits
a-pJls!ied essentially the sanie thing here in Ame,jca with this wicked Act.aided by ti\e
"~veltCourt." ' .
Exhibit A Pages of !I)

------ ~ ~------------------
DEPUTY ClEl!l( . . tdJ!'

In the passi~ of this Act whieh the emotionally distf9f;sed Congress rwver read, the following must
be understood:
I. The "Tr.iding Wilh the Enemy Act," as passed originally in 1917 and amended in 1918, was
made to apply to any "enemy" of the United StateS. . .
2. The "enemy" was defined to be "any individual, partnership, or other body of individuals of
any natiQnality, resident within the territory of any nati~n with which the United States is at
war, "
3. Other enemy ":individuals" were defined as "natives; citizens, or subjects of any nation with
which the United States is at war. other than citiz-ens of the United States.'" -These
"citizens of the United States" in 1917 held Private citizenship of the United States without
having been tedueed to the inferior citizenehlp status ofbeing property of aJ1d ourecy fur tbe
State-created Publie "'citizen of the United States," which public citizenshiP -StatuS was
imposed on March 9, 1933.
4. The "Trading With the Enemy Act" also defined the term "person." A "person" was "dee.med .
to mean an individual. part~ership, association, company, or other unincorPora~ body of
in<Uviduals, or corporation or body, politic." Therefure in 1917 a 'Je:~n" could niean both a _
natural personll'rivate Citizen. of the Unit<ld States and an artiticial personll'uhlic citizen of
the United States in privilege.
5. Therefore, a "person" aa defined by the "Trading with the Enemy Act~ DID INCLUDE a
"t...-iti7.en of the United Staws," which at the time was a: Private"'citii.en:ofthe United States."
6. The "Emergency Banking Relief Act" <>fMarch 9, 1933, amended the "Trlldinr With the.
Enemy Act" of 1917 (previously amended fourteen tim.., from MArch 26, 1918;to M4rcli 10,
!980), bringing the "Trading With the Enemy Act" inside the Urule!l Sl&l>s iiPI>~tinoany
pl11ce subject to the Jurisdiction thereof [all t1ie Sui!es wU/Uir. th.e Vmu.l Sta(eal. w{!ei!
previously, under the "Trsding.Witb the Enemy Act, all tranilactions "-"-liid.
jg~
wlt/ltrUhe United
. States" were .excluded;
. . . . . .- .' .. .. .- .
7. The "Emergency Banking Relief Atr: defined any "person'.to .mean "an individual,.
partnership, associatiQn or corpot:ation."' The term ..person.. was-clcefin. ~ -tnefma :Public:
"citizen of the United States."' The tar~ -.. person"' exclude& a Private ~citizen of the United
States."
8. Therefure, the "Trading with the Enemy Act" defined a "person to include a Private Citizen of
the United SUites. The "Emergency Banking Relief Act" defined a "person" te l.i an ariilitial
'
ExbibitA Page 7oH!Ic

lAMAR COUNTY. OA. SUPERIOR COURT
l(frfdlfO~JNCL .
1!001{ C!~ . p
I
entity (o~viously being ~tpartne~sh~p, ass~iatio? or corp~ati~) ,to inclu~e an "~~dividual" ,
"J"lrson:' to be treated "f an arttficrnl entity which cannot mclude the Pnvate Citizen of the
United States.
9. For that "individual" ~erican to be treated as an artificial entity, his Private "citizenship ()f
the United Statea" h;ad t'be reduced by an implied 1_constructive contract by operation of ~w
to the inferior grade of qasi~corporate citizenship.
10. The corporation that is aicitizen is a "Publie' citizen of the United States. It is created for the
benefit of the public. Th corporation is not a "Private" Citizen of the United States. Only
individual Men and Wo~en can be "Private" Citizens of the United States as intended by
Section 1 of the FourteenltbAmendment.
11. Therefore, the Private cjti.en of the United States" is protected in his citizenship status by
Section 1 of the FourteenE'h Amendment to the Conetitution of the United States. Federal
'statute 12 USC 95a ;.,. ding and resting upon 50 USC 5(b) doe~ not apply to the Private

Citizen of the United Sta s.

i
12.Because tbe individual P#vate "Citizen of the United State&" is protected by Section 1 of the
Fourteenth Amendment. /' was specifically EXCLUDED by definition from the "Emergency
,Banking Relief Act," wlilijhact of FOR's Emergency War PoweN Congress (by WaY of the ,
,-nqed "Trading With~~ Enemy Act," Section 17), imposed a martial process upon the
pourta, federal and state, ~Uter Ap.;il25, 1938.
'
13. Therefore the good news~, all Private "Citizena of the United States'' are protected in their '
~~ate right to a civilia' due prOcess oflaWo~ a federalle'VW. bytlie FifthAmendme~:aricl
"t<> a civilian due proce on a state level by Section 1 of the Fourteenth Amendment. ,"
H.~fore every Prival!l "Citizen of the Uni~ State&" is neither a ''Jie.r8'1n nor "propert:f .,
"s~tbject t<> the jurisdict'-on of the Uni~d States" refumd to in the Emergency Ba~
Relief Act (12 USC 958) pissed by the Emergency War Powers Congress on March 9, 1933.
15:'Aiid therefore, all Private["citizens of the Ullited States" are not Subject to the proviaioi:is of
the"Emergency Banking jtelief Act" (12 USC 958) having amended the "Trading With the .
lilnemy Act" of October 6, l917; as previously amended onMarcll28, 1918, now codified as 50:
Uf!C App. 5(b)), inclqQlug a ""!riial due process of!aw impOsed by the amended ''Trading
. W:ith the Enemy Act" upo+ ~ny artificial "persol!" within the.lJnited States and "subject t<>
the,iurisdiction thereof,,. i.e, "subject to the de facto Emel1!"itcy War Powers jurisdiction
thereof."

Exhibit A Page 8 of15

- ---- -- - -----------------
~-----------------------------------~--~-------
AlVord for Word
Between GO USC App. S~c?U ll(b~.of the

GftiMiiSon
' ""' ' ;".- ':,-
"The adlna1 With the .EneJW Ae~>" 9f Oei;Obe,.11,.t917,
. . 40 St~ot.. Law
' 411
.
as Amettd.wioli March 28, 1916. and Section 5(1)) oftbil "TraclinrWttli the Enemy Act"
"The Em<!rgency B!mk;!ng Relief Act" of Ml!rcb 9, 11133, 48 Stat. Law 1
This WOI.'\I !l>r.:WOI.'\I ~"" crjl;,icel in und"lttull!in!l lw,w "The Em~"'!Y Bljnking Relief
Act" (1938)<\.llljmned ':The TJ;ading With the Enemy Act" (191'1) ao Amended in e\lbSI<!noo making
"The Traililig
.
With::the Enilmy
.
Act" the LOw ofthe t:and cltthe United States ofAinO.iica.
. ;:
"The Tl:ading With the. Enemy Act" as Amended on .March 9, 193S,imposed a: de;[w:/.0 Emergency
War Powet"l Militliry Gov.ilnment;, wbneoustmg
- <ki!U'<1 Civi!ilin
.. Conatitntiol)al.~ent. .
. ...
All Courts, ~ral_and-State,. 110\ impose a Martial Due PJ'00088 instead of a- Ci~ ~pe ?rocess
qn every "Per~
. \fith,inlhe United $taff;s~" Natural andMijiciat.
.
.
" -.
1917-"'l'Iult tl!e Prelli.dent may in!':"'!ticate,
~
regnlatet:Ol'
. ... ptVhibit,
. . . -
1933-'~Durlng time of war 'or 'd~ng any othet< p~ri~ ~natidnal emerg.,J;J(ly declared b:Y
the Pre~idfnll the Preoi.dl">;t:may. thro..,~h ""1:""""q that he m.., d."!'ipate. or

othe:rwtse,inveatipte.re~,or prohibit; , ,,
;',' "' ,,, ' ' ' '' :~.->:; ,, ' ~.,;" ,,, ,, ,,. '
!)haft#'!:~~ i&now.~.iJulid~ the g~Phijlil!lli;ted State ~a de~d.
Statanf~tlO!Iali>J11llri!IODC)'. .: . . : :. : . . .: ::: .
" ' '' ' '
t91<-~!!io~~llf iUJe~ arid~~~~ ~:uq{Yc~~i~, byme~~~\!!fe~.or

1983-"qttder ~ tide& and .,..,~~ .,,.. he.m..,~J>e.
. .. hy lll"eW11.,.~eW'esor
.. - . .... . . .. ,.."..... .
"" , ..
ExhlbltA . '
: \.
..
-----------------,---------------------
or 'PAyments by bank g institutions as defined by the Pnn~ident, and export:,
hoarding, melting, or armarking of gold
Cha!l!(e 3. Banking iostituti~ns

within tbe Unl~
States are totally regnlated . ~
.Con!(rtlSll without limltation~ro "lndivldual" may "board" blsgold. All gOld will be taken
from "any person within thelnited States" on June 5, 1933, viA HJR-192 m.
1917-~or silver coin or bullic or currency, transfers of credit in any form <otho_r ttaJt
crtdite relating solely trans@ptioos to be executed wbp)!y witbin the UJalted
~H!tet), tnd tr11nsfers kevide!We of in!le!rteduess or of the ownenhiJI of

ID'!IPWY btt:!!ee!l till\ ~!li~!l ~~~~ M!IIIDY (OJ:eiliD !l!IIIDUY,.:!!hetber 8MI!\V.
at~ ofenemy or othertise._ or betWeen resiMrits of one or more for6kn
coyntries, by any persjn within the United States;
1933-"or
. .
sUver coin or bulliOn
I
or currency, by anv
,
person
.
within the United States
.
3 Wlift,!h<l of 1933 ""'lite Gold ReoerveAl:<of1934outlawod:the\lSeofgold,--

bame saurCefQfcontroversy.ln the Nonrwn ys._/kJ/tl~ ~ OJ:Ho Railrood[o.._ ~U.S. ;M(){l9~}, tlle-l.L. ,
$upRmfl CoUrt ruled !hat gold cl~ invalid. However, Congress lllterJeinstated the option to use gold clauses fair obiiptions
(..W~)ISiuedafterOctoberl977~-eewbhl!U.S,C.UUl(d)(2~. .
_ , __ Tile ;U~~ Stam Gold R.esene t o!Jaaaary 3D. 1~~ rtl'l~ ~~~and_ tmld cgtifiqates held. bY qte f8al
RcmyebcsUu~tcd and vesmt in the' tide of the United StJied.?i;rMfp:mofthc TieaSj.try." - - ' ; -
- -, ,-,lb~,QQ}4,R~~ Act outlawed =private~lot! ~{goi~.Jbrclns, individuals til self it to tbeTreasurq(dtr wbicb it
was. storedinlh\ifed~ llu!lion ~at Foil ~>noli and oth locations. 11te act also cllangl111f! nominal price ofgold tiom
S20.67pei-ffio\r:hct'>S35. ' :- - '" - ., " ,. , ..,
inthow~t::;:~=~~f~~~=:~~=u.i=:~~
certifiOII!j!$ o8ain alklwed fur ~;r;;,;;;.. on April24i 1964; altlloUgh tho obligadoril<l pay tho Qerlificate holder"" d!lmand
in gold !P""ie.wOOid not be honored. By 1 ~ """"- cpohjagajn ~own and.~ gokl ..
The Oold' Reserve Act authorized Eillumfe Stabili11rtiog Ftmd to \lse suclrassets as were not needed rot Qdwigo market
Slllbilizationro dilal in
Si'
T1te Gold Reoervc Act hod
.
nunitiClllioM!iu: beyond !WionAI ~. At !hoi lime man)' ~ lltipulatod lhat

theii moiletaiY terirts could be dettun1decf in d. Such gold claM \Vri'fnteruted to proteCt 8a*inst the llOited. su.ies ~the
. <lo118f. Wbetl;thollJnewtwy Bl!jlkiyActo 1933 andtheOoldReoerv<Aetof 1934 oirthlwo<Jihe.,.. ofgold,sUcb-became
-~of ~~f. In the _ _ Norman vs. BaiJimOre & Q!rio RoiJrood,.Co.~ 294. U.S. 240 (1935~ the q.s; $upreme
~ruled lhatf!Oid elauses were Invalid. owev<r, Congres< 11'" ..ini!!Atedlhe opt1oo .,.,.gold'clliUSes!or oi>Upl!Ciis'{new
...--)iss!iod.after!lctob<d977 in a<:c with >I U,S,C, UUl(d)(l), . . . . .
. '" :nic~~~ deQision Z16 Jtmiot<;(A'veimc, LLC:n SdR flaf~Jlt:ally Co. cst#bti3ttt4thlt a gOld~ in~ ~pcd
t.er... lm "'"''only _..,ded not~r undeirlioin Umlted ,uum......,.. mlgbt be niactiVated.
Exhibit A . . Page 10 of 16

1917-"anc:l b& may require any sqch person engaged in any swh transct_ion to furnish
1933-'"or any place subject to the jurisdiction thereof; and the President may require
any person engaged in any transaction referred to in this Subdivision to furnish
Change 5. The "new jurisdiction of the United States" established by the -ergency war
po)Vers military governJ!lent of the United States nn.der Proclan:l8.tiqn ~Oll apprQved and
confirmed by the EBRA amending the TWEA. now extends to an
states and territories.
1917-"'under oath, complete.information relative thereto, including the production
1933-"under oath, c<>mplete information relative thereto, Including the production

~ ' .
1917-"of any books of account. contracts, letters or other papers, in connection.
1933-"of any books of account, COntracts, letters or other papers, in connection
1917-"therewith In the custody or control of S!lch perscn, either before or after

1983-"tberewith in the custody or control ofsuch person; either before or after
1917-"sU.ch. tranSaction is Conlpleted.
1917_:.{EDd of Statute)
1933,--''Whoever willfully violates any of. the provisions of tbis sul!diviltl,oll .or,o llJl)C
. . . ; ; .
license, order, rule. or regulation issued'the.reUncleT, shaU,upOn eonictiott, bet
fined not nitm> than $10,000, or. If a natural person, may be iiitpflsoned for not
more than ten years, or bOth; and any' otfieer, directOr, or agem t;r any
corporation who knowingly participate in such violatlinl may l)l, pUnialtiia tiy a
like fine. i~risonment~ or both. As ~sc!d in this ~ubdi~~9~ ~hfi Jei'm ~~
means an indi\'ldual, partnership, assooia~on,.or:corporatio~" (E~~ ~t!!fiatuteJ
Exhibit A Pafl"lloflli'
------------------------------ I
"t!Ub)eel to the jurisdiction ~-

I
Chanq_l. New penalties ate I p<>sed for vlolatb!t:!!he """'"~~ e&knded)l;tto ~"-
tiiukd !itates affeCting "any p n within the Un!Utf StatllS" (iliitural or artilicial)
.~_-ly, to the
n<1wly imposed. non-clviUan,

etnerl'~ltcy'W'ar-powers,_marti fJUriSdictiOn ot't.Jie Uldted"Stat:M:' c
NOte;, ,"Person as define under the TWEA is id~tical :to a "~er~ defined in:the EB~.
However, an individual naira! "Person" under the TWEA was a Private Citizen of the
United States' under SectiO 1 ofthe 14th Amendment. The natural "Person" under the
EBRA amending the TWE and tberoby extending the TWEA inro the_ t]nited States is a
~ublic "U.S. citizen" trear_ like a corporation in commercial privilege.
_ CONCLYSION
Citizenship srtu and Jurisdietlon of~e Vnited States
I
I. Privnte Citiwnship of th~ United Stat~. Section 1, 14'' Amendment
'
"Ailp.,..,ns born or nxlized in the United SttJtes, and 8Ub)eello the )urisdictioll
thereof, ore citizens oft United States and o[the State wherein. thej reside.
A. An individual is ana , "'person."

'
ll; '!'hat individual naturaliperson" is "born or Mturalized in the United Stoteti' (the
geographic: "United Stn s"' composed of the states in union under the Constitution of the
United Sta~).
'
q: That individual natural rperson" is "subject to_ the jurisdiction thereof/' the jurisdiction
of the Vnited States.
b. The "jurisdiction thelr (jurisdiction of the United States) is tb~ constitutionally~

est~blished, constitutio~:Hy~limited, de jure. t.ivilian jurisdiction ortbe U~ted States that
began on March 4, 1789, and that ended on March 6, 1933, ciitlfirined and approved on
March 9, 1933, by the E ergency Banking Relief Act.
E. The citizenship ofthe "citizen of the United States"

. is private, not public.
.
'
F. Therefure, the Private .. ~1tizen of the United States" under Section 1 of the 14m
Amendment is n "perso~ 6Ub}ect to the }urisdictioll of the United Stotes." That
jurisdiction is a civilian jUrisdiction.
Exhibit A Pag:e 12 of 16
ll. Public CitiO<mshlpoftheUnited Sta~. Section trl4'-A!llendment ...
A A corporation
. .. is a "pertiOJl"
.. . .un<Wr
. . . Amendment.
Section I. 14,.

B. A corpo~tion i$ a ""ci~ian" uDder. Section 1, 14th Al;n~~~nt.
C. A corporation is created by a state for the benefit ofthe public.
D. A corporation is a public ..citizen of the United Sta_~es."
E. By operation of law, the Certificate of Live Birth, on the day it was filed with a public office
of the slate of nstural birth, created an individ!utl corporatil/trust entity, a Puf>:Hc "citizen.
of the United States,' ita propertY being tbe Private "citizen of the United States."
.
F. On March 6, 19ll3 (apProved and confirmed on March 9, 1933, via the EBRA). all
J:eiiatered proJl&rtY (land,.la,hor and bn~.ware seized as "bQ<>ty ~~ar" bx
Preclamation 2039 ofl'resident Franklm D. ROOsevelt acting under the World War I
statutoey authority oftbe "'l]ading With the ~e!llY Act" of October 6, 1917, as. amended
14time8'up to and including March 10, 1930. :
G. On March 6, 1933 (approved and. confirmed oJ!'Marclt 9, t983, via !he EBRA);the
conatitutinnaL limited, de jure, civilian government of the United Statea waa ousted and
replaced with a.statutory,1lJilimi,tOO, ck fi;wto,'li>i!itiey governm.mtoftho United Statss.
H. On March 6, 1933 (approved, and confirmod ol!;March 9, !9.'l3, via. the EBRA), the civilian
. ")tJ.rllJdktion of tMUnltedStut&i' uiU!Or aeclicnt
i ottlie 1~ Ameildment was removed
and replaced with the~ "}ruisdtiition ~the llnited &at&/' un~er the
"Einergeiicy Bai>kinlf l!o)~!etl' imw C<ldlJie4:i!i i21..1SC 9i>a haslicr upoii the iiiilitacy
"Tradffig With the Enemy Aetl' now C<ldlJie4: a. Sq USC App. 5(b).
' ' ' '
.. ' ' -;, ' ,,
I. Therefure, the Public "cltken of the. United&iltei' under S~ 1 of the 14"'

AIJi(,.,dl!l<int ;., a ~rilon,;,,~ subj~ to 1;/J,e~~ of t~.i/.~ f!t~~cf!!li' pfl!ler
th" "EnU.rgency Ban!ring &J;.rAct" (12 USC ,.q.liased UJion tlii>0 ~g With tlie
Enemy Act" (50 USC App. lilbJJ. That illl'ilKlicli.m lti a miU!acy jurisdictinn im)lOI!ing
iDJh.tlai iiiOceas in evecy oieia'dn. ot.ite ~nd ~ ciiiu and crimi~il ..
fiNAL PQNCLfl&lON
..
The J.'i:iyate 'citizen of the United st-- is a ~....m.> .subject to the cnnstitntional, d<i jure,
peace~me, j~n
,. ;
oft,he Unitad,, states
'
under
,
S..CtiQid
,,,
of. the 14'' Aml!!ldme~t.
'C;' , '< ,, , ,,,

That peacet~_e j~isdiction of the Utrited States is a cl'"'ian jurisdictio':l, ~ins civilian p~qcesa
to gain in ~nom jurisdiction. .. . < .
.EdtibitA
'"' . ,,,
Page 13 af 15
'" '
~~'
,;; 'l'llt!J&blis:'Citlzl!"off{t:e ~ ..
,~il a 'pit~ s~.fl> ~-101':!', ~/w:ll!,,l'llnillll' ,
" j~n~thetlnite<IStates ndertbe"Em~Ba~ilingReliefAcll'.(codifiedao12USC95a)
; ~UJIOD~mllilary"Tra ~ith tbe~ne~ Acll'(ooi!ifledao50USC!ApV,.5(b)). A!).,.-.
.fe4Et~ @d State, criminal and ci u&jng martial procees 0 confer in personam jurisdiction of the
, ernergOJicy w~ PI\'IVer& courts Jonnded upon tlieee tw<> statntas.
That wartime ~diction of the t. nited States is a mUitary jurisdiction, usinJj: martial process tQ
gain in personam jurisdiction.
'
.
" '
. .. .
I
You are either a Ciilstitutiimal Piiyat.f "c#izenofthe u:Dited States"

!Jr
You are a ttatutory publie"citl7A>n of the United States".
You are either a~~VCfSo/1" und~ Section.! of the 14tll ~ndment
.
.
You are a "oerson" uir '
.Or . .
Banking Relief Act" (1933)
. Based upon t :. !ll!ll'lial'Trading " the Enemy Act'(1917)

, . (50 USC App. O(b)) . . ,
You are either sub' tu a !l!vili.!m "jurisdiction of the United Btatetl'

. Uod~r Section 1 ofthe:t4th AmendrMQ.t
I Or .
You are sub;e4t to a martial")uri~JiiU!tion ()f the United Sl.atR.s"
"Emergency B~JWlief At::t" (1933). filnd
1
Under thf
The rading With thel\:nemy Act" (1917)
( USC 95a and 50 USC }.pp. 5(b)) .
I Or
You are one oft~ conquered ~lp ~f the United S~tes ~f. Am~rica
The End
EXhlbitA Page )A oi' Hi
---- -- -----.----~~~~~~~~~~~~~~~~~~~~~--------
. ThatW.the-o~ao... no~whetiler&ll8Mal~iflxli'I1Wi!bina
StateofUV.:UniledStetea6f.....i.i.t~i>w-paren~the~anC!~oftbiirEXl'RESS
I>EElliNTRUS'fTOTim~~TESOFAJo:IElUg>\.~.pfa~~.~!!>awl,_.

trom thooe wbolii\l either IUJ.turali>oed;"!bol'll a citiaan;antlueuoable to~.elisib!e POTUs w.
e of<he !WJ!a!Ui!edlii!O!>It oftllii Uilllild State~~ of~ ull>ile ~to.>~~ olt!... UDited
Smtes "'maino the aurety.inde-b-the Debtor troat with li8Miicial ~In the surety, W. that
a
naturnl person is the propertyohhe ~Stet$ aiid Ia ~y;,uniii>le tofUUliltlle.lntieaofiioTUS.
Tha...fure, tho Executor and~ are boond by their~_... aoprivaie <itioena
of the United St$tea with their bonafide atatus as naMal-honi Citioen ..itl.iaihe dlltiea and
obligaOOna of tbiir DllED in TRUST to only certify a c:tmd.idl!te5~ ba..,a.jpon the furogoing aud
shall seek equity rvllef of a elutncelleey eou:t routtsmpt te USURP the POTUS.I!> the eontrary.
That the 8eilellciariea 1\>r thi$ DI!JID 1D TRUST ate privaie.eltioellltofthe iliuted.Stetlls in respoct
to tbedebtortr\UitOI!tity~ wj&hthe United ~s..:..tsryofthe~witba<:<eptance
conllrmed mr ea<h respective -'<s&e by Certified Mail with nuinhsniW.thoiri!munt In reganla to
the period ,euding hefure the lillng oftbiir DEED in TRUST and that the ~ Benefioiaries ""'
certified naiural~ Cit.ize.fta -~ble of :rendering a~ ~to~ status Ofti PCY:rus candidate.
That Executor and SettlOt ~R), who privately li! of<!<~Ual ~~~to the
Beoeficiarreoor any member of tho c!asa defined above in the .....,mnof!'he ~of this DEED
in TRUST. is ChrillclpheJ' Eal Bmmk in ...., Suijuriopi'iYaiO oil:ilion oflil!li;Uniled States, tile
oe<:1ll'Od beneficiary agent of tho l:lebto!' Trust transmitlingutilif "'CHRRSTQ~ .EARL
STRUNKC as dub- rOgiotered with the UnltedStatell Seeretiar.Jofthe ~.With il<:count<W I 7
~fl10.~1~1.3and70l~*"'otlantl~~.ilt~
~._...~t;it'' f)'Pi~tt.Nc'Miknmz t_.M1xtriX
w~o1<......, ...he _.,his ai:ae~willduly......, t)ll&+m.t puhlielywitbollt.beMI!ciai
interest until turtlll!r..ntten nolif;e maaimonoly aw-<1 by i&Dderslpad llenelldatiea and he
mimburoed fur bli! timeaud expenei,.lcoepteblHo t~'~... . . .
'J'he qQdenitpteod~arieahenb;f~thi&SXPRSSa_~~:r&USTand,Q~~~Allt:
Exhibit A Page 16ofl&

PLAINTIFF'S DECLARATION IN SUPPORT OF TilE MEMORANDUM OF LAW FOR

PLAINTIFF'S COMB~ RESPONSE TO DEFENDANTS' MOTION TO DISMISS
1Im: PETITION WITH COMPLAINT
Exhibit A-2
~-----~~-~~~--~~~~~-
Thiola allenefiOiary
thel'eople
CitiZen's
pe~uity, and wi~lt the
incumbent&~ futuie
(POTUS) oJ,aU be abenafide _ Citizen (NBC)
whe~suretyno ~re ro:the Debtor~Entity
Article 2 s..tion I Clauae 6, eithqr under 12 USC 95 and
Gov~:ra;m~t~uth~ity ~(ren~EJ4 an~W Nf\tiontd
T!Ult todhe reaB.ns el<pre.....t --
OF apart
from th~.who ~~~ Jl8.tural.ized in:. bont
One ofihe l1Qruel!4chH;otlle otthe; Unl~ Stares Uiijted
States re1XIfliJ:l8 the JPU:ety-indentu:re tOt the Debtor
natu.-.1 pe~:U.Ii.\'~rtyo!the tfUlted
Tbel-eu.ro:; the nud<>i&lped BeverlY Waldorf Tokara
DUD In TWST- ~th1>1lnanimouo deCillion of the
B~ficiari Eric Jdn" Ph6!Ps ha~ au~d me to become
_ , my~..,;dlotuau~iivat<t_oitizeo_R(Ihe United
'witliln 'theriUtiea'&nd obligatioD$ of tliiiibEED jn
upon tbe ~goinJHnd sq~U ..,.k equity rebef of a cbcolle'l' t:<>Url CO._""
to US11kP ihe P<ITUS lb the cont...,.Y3: - --- ' - --
t. Beverly Waldorf.TOkari,. the ~er,signed bel1!.,Y 4~t.~he. te~s, co~ion$.a,nd duties a$ a
~l'JliHlliiiBPREss DEEDil\IT!WlST,
,, . ' ' ' ' . ",,, '
- :,;;:- ,,;__
'
: -,-i:: ' - -
'
-.t$1""-'
". :oo:j': :. ;. ~..r>
.. .. . . ". -11
<P<P1't-t;.7'- :.?.-
1
PLAINTIFF'S. DECLARATION IN SUPPORT OF TilE MEMORANDUM OF LAW FOR

PLAINTIFF'S COMBINED REsPONSE TO DEFENDANTS' MOTION TO DISMISS
THE PETITION WITH COMPLAINT
Exhibit A-3
"--------- ---
CHRISTOPHER EARL STRUNK

clo3ts Platbush Avenue PMllt02 ilmokiyn,New York 11217
Pb. 118-414-3760 Emailo ~.com
RESUME

WORK.tXPIBIINCI SUMMARY: My skills include as a'oonstructkm tnaiagera wide range of in depth work
hiso>cy ...,.,._ing 30 yean of New Yorks... government experience, Ita! propm:ty - - . l i f e safety
aDi bui.ldfrig: codes, Construction managc:me04 constructioo mctbods, lmY inCome OOusiilg ~lojmlenf. 8nd
man&gell>!nt. 40 yr. computer experience, cazpentlyo layont, bouse framing, finished caspeDII)', kit<:hon/ balhroom
rehab, weatberprooli.o& roofing hot and cold, ceiling and flooring systems, structum1 .,..1, tile, 1lluCCO, llia$0my,
ooncrete fcinning and finishing, plwnbingmughing, sprinkler, elec1rical rougbing and finislted, alarm systems,
artistic tialning, strong pllllllegal background in State and Fedelllllaws related In litigation, banking and FOJL.
1986 mP,....t SelfEmgloyedConsu]tant- producing real property feasibility studies, community

development/ program smices reports and stlldies, Ita! propm:ty surveys and coll!r.ICiing
worl< with ~ids in FilA "'lated -b. work; T"" Credit fillancial planning and business plans, mortgage clOsing I
due diligence, lll<l.ues! !Or Proposals In NYC I HUD ISBA I DHCR otbets. able In mpidly pro<lm:e c-~e oolutioos
for projeobo of all kinds wilh detailed reports using marl<e~ I scientific research and financial feasibility studies,
Sources & Uses plans, startup cash flow projections, and accounting methods based upon sp-models of
operation, CPM; and have organi2ed a statewide netwmk to addmss endemic New York Slate systemic problems.
Starting in 198_6. on my own time separate fronrthen State employfllCI;lt. I developed a turnkey
specializedJO unit Single Room Occupancy (SRO) Multiple DweUing Housing in Bedfonl Stuyvesant Brookfj>n in
connection with the U.S. Housing and UtbonDevelopment (HUD) loan gua1Btl!ee I low income bousing sUbsidy to
be obtained thrua NYC Housing Prescrvatien Develo-nt (HPD) 75% nf cn-.:tion bridge Joaa; and in which I
designed all tbe tmdewotk and developed the program presented to the local Cororouni!Y Boanl, HPD I HUD,
pmpared aD code analysis and OOB 11Ubrnis5ions tO obtain a permit for the loan closing and lbereafter perfom:led the
~llitation .......Js, structum1 sieel.fmming, new bydmulic Elevator, and oonstroction t-.and ov"""'w
mechanical. sprinkler. mechanical plumbing, Electrical tmdes applications~ and wberein to assist Ule Architect I
provided all document p<Cpllllllinnand submission, omplk:atod<:Ontrotled inspection submissiOns, plan
''""""""""'and sign<>lfwotkfor ;.,.....,., of penniis and application for TCO, which invoked roeering at the
Brooklyn 008 with assistants commissioner and commissioner in regants to code compliau;e and SRO waivers.
2001 tu 2001 Benbrlsk & Comguy, lac. Directorfor ConstnwtiOn Management Lhat utilized the strviCCS'
of an architect for DOB expediting on a small Brooklyn Hotel that had been disrupted by a ftre in
one wlit that c:lamages four- l prepared DOB paper and filed for sign-offfor pennit as the rehab contractor.
1983 to 1992 New York $tate FacllijigDeyeiOQ!M!tCOI'IID!Jdion. NY. NY (public benefiteorp.)

COnstruction Engineer lManaget 1 Developmeat Administrator I supervisor of 5 stafffor NY&
OMII, OMR, DAAA, DSS projects; gnodo MC leve12 approved by Gov. Cuomo as special Jlfllioct manager for Sl2
mil in new' CQnstructiOn projeCts' from 1~ dUu 1988 responsible for the Staten Island Devel9pioent Ce'!!ter closing
under the 'Willowbrook Fedellll Court Decree"; as a Public Oft'u:er reported to the NYS Altomey Geoeml as" a
professional resp:msib~ for project development, management (see NYS Legislative Resolution Commendation).
WbiJ:c> Project Executivefor the Willowbrook Closirrg l was responsible for the wotk ~nand
job petfotlltjjtlCC oft!te five (S) inspectols, who l supel\'ised in accotdance with the FDC's polici< and applicable
laws. My RSpoASibilities included intotviewing, biting, and trainiog employees; plannin& assigning, and dbocring
work; appmisingped'oml;ulee within the 6 month evaluation 'Ysrem ~annually for Pll!ltiDtion I""Jl05<5;
rewarditlgofnd di$cijiliniog employee~ adihoosing oomplainrs and resolving problems, evalwu.d and supeJVised as
many as ten iuchitectsl~ fwe impectors on my staff. 30 thitty contnletots under "Wicks l Davis Bacon
and
legal lll<l.uin:menta', co111111111lity diplotnae!' government agency cliellt cnonlination simultaneously at multiple
remote lOcations.
1989 to 1992: l was promoted to a Deve1opmem Adminisuator and BuildinB Codes Manager for projects
, at Cencral Islip, PUgtim. Sagamore,. Ki.ngsboro. '-:fanhattan~Bmnx. K.iiby. ~Beach Psychiatric
<;ent,ers for NYS OMS, wherein [ als~;~ ~ed on a cotnmittee to select an::bitects engtneers anctwo!ked ~ the
cUeat to dcvdopprogmm and projects then to be pu.t to public bid and then bonded.
l
Exhibit A-3 Page 001 of 7
1982 to 1983
1981 to 1981
Stquimon Smi11t:Bamsi Mbifedt. NY, NY (architttt for R.R Macy's nationwide)
Arcbiteets field representative- New Yolk State work with Facilities Development Corp,
Project Manager I
Inc. Bronx NY (25 person Gen Contractor NY govenuncnt bids)
pen Market Bid eUlttgellC)' work for DGS.
1?19 to 1981 ' -NY NY (software dev, /OEM computer sales}

Facilities Planner r 17K s.f. Manhattan & NJ offices /labs. ln 1980 as a private
consultant doing interior design c rcial off'tce space for my client at 81Q 7th Avenue I personally prepared and
expeditedDOB Building Notice a lication wi!h an Architect hired for plan review and DOB submission, in which
I obtained a sign-off for issuance of Permit for a contractor under my control.
1978 to 1979 AQsn~~~~~~~~~~~~~w~-NY.NY(~pro~ny

development and gement for ArG teinsurnnce internationally) 1 of2 Construction
Coordinators for Manhattan Office eadquarters at Pine St., Wall St. and Maiden Lane. While with American
Intcnmtional Group on Pine I Wall d Maiden Lane I coordinated in bouse construction in which an outside
e~:pcditor obtained all necessary
1977 to 1978 Ru Brooklyn,. NY (Arehitects 1.2 mil SF

NYC HHC hospitlt complex) I of 5 Construction Coordinators at Woodhull Ho&pital.
1974 to 1977 NY. NY (family arohitectumlfum doing Health and
on ..mtC" and private bcallh facility projects) Architects

rep~ive in greater New Y01k . While employed by Vogel and Strunk Architects partnership, that did all
of its ownDOB expediting for alto. thelr rehab and new Medical facility work ln NYC.
MILITARY SERVICE:
1966 to 1972 -Rank &S Sergeant withHonorableDi.scbarge Training: Weather

Observer, Rawinsonde Technician, C31her Satellite Mapping. Aerial Photo .Mapping.. R&D -Inflated Structures I
Support Syslems, Theodelite, w nde, dropsonde, pilot balloon tracking. weathe~ mdar, misc. equip., tractor
tnliler certified, photography B&W film and prir4ing. small arms expen, Duty: U yr. domestic ID Y: 2,5 yr.
Europe, Mideast, North Africa, Centml America.
.
EDUCATION BACKGROUND for T11rakey Desiga. BuUC Construcrio Maaager
1995 Pratt School for C~ntinuing Education; Low fucome Housing Management
1990 to 1991 New York D~ of State: 100 hr Building Codes course- certified Code Manager
1986 New York University : Asbestos Abatement course series
1975 to 1976 City College of N4f YOI'k; School or Architecture - DeSign. Materials courses
1971 to 1974 University of So~. Florida- Tampa, Florida- Geography Major, Anthropology & Engineering Minor
1965 to 1966 Westchester Co 'ty College- Valhalla,
NY - Libemt arts Science
1964 to 1965 Certified Scuba Di -YMCA- White Plains, NY
1960to 1965 Valhalla Hig;b School- Valhalla, NY Science Cirriculum
1959 to 1965 Eagle Boy Scout~ 11(1 Silver Palm I Brotherhood Ordecofthe Arrow 14 yrs. JAS.M.

Slate of New'brk
..,...-LegislatiVe 1\esolution~--
r.et
Exhibit A3 Page 003 of 7

1-to-

)
ts:a ca STRUNK
P.elt
~ IN SEH4'te Ott
I ...
m.;
I .
Adbf6LY ON

Plaoo:
Cfllii:
Ch8ir:
S6!lalor Vl!l<ient L Leibel! Ill and SeMte standlnQ ~ 011 TfansportaUon
Senallbomas w. llbous PubliC Heerlng~ Protecllnq .... stala'a Sec:llrtly
---
Van Bulet1 H&aling ilccm A. L.aQialatiw QlfiCoi Builcling, 2!" ~loc!r,~ny, New Y011<
Time: 10:00A.M. ContaCt RoberiT.FII!feY/MarlalmeRellly-faX(618)428-69n
' '

In appreeiation of the opportunity to speak on Protecting oilr State's Security as a matter of
notional se<:urity,..ith global signific:anc:e.l Cbristopherllart Strunk am a Vieluam Era Ve!enm,
hom in Manhattan. resident in Brooklyn, devoted to God and CoWIIry, have taken tho oath to
del<nd illld prot..: I the USA and tho constitution> on which tho Fede111 republic is based again$!
any """"'Y foreign or domestic; as such give warning of Govemor Eliot Spilzer's sedition as an
""""'l' whose treachery is in conspimey with others aiding and abetting .with satiCtuAiy for illegal
aliens in New York against federal law must be impeached pursuant 10 NYS Articles IV and VI.
Warning herein is done in good faith with the May 1985 adoplion of Senate 1073 and Assembly
1249 c:ommitment to lhe ~ effiorescenoe ofh- digni!y' with whiCh they did praise
my "rmseljlsh lkdtcatlon and cotr1petent discharge ofduly ... alm1e and beyond the
rt!.rponsibilltles ofjob and duly . ,pen:eptton ofthe volue and worth ofothers, for his lnnote and
ingeniou.v concern for the preserv<dion and enhtmcement ofhuman dignity''.
That beyond the honor and praise: of22 years ago, I am vigilant 10 mainlain individual
inalienable ftoedoms given by Almighty God, wge1his Comminee to suppoltmy nolion with
Attorney Carl E. Person for an independent investigation of the perfidy unleashed on g.II-01
again$! the sovereign People of tho Slate New YOJ!<; wemge the Slate Legislature 10 bring
sllnlight upon treason and sedition as a - ofproteeling our State's Security.
That as a matter of ~urity andjustiee denied after g.)t-01 involves the matter of providing
for illegal aliens with impunily in violation offedeml and stale Jaw, that then.Attomey
Slllletuar)'
General Spitzer by seamless acts of sedition now a& oo- mchea the lovel of treason subject
to impeac:bment under NYS Altiol~ VI seotlon 24, and that pumuont to Article IV must be
removed; Mr. Spitzer shall give testimony witlrout imllllmltypUISuant to Article I sectioo 6.
That notwithstanding the majority vole of our Assembly CODirolled by a top.<lown ""'J.'.'lllis
elite, with political districts~ beyond dii! Jetter and intentofS-Constilullon
Article IX Homerute, this conuniilee nevertheless mUst act as a matter ofour State's s.:.unty to
review the population li2e ofthe<!ily ofN- Yodc, wiDd. .. a Hom~~-rul eatity has 26 of62
SenatOrs violatille ofNYSC.Arliele mSection 4; and as a home-rule entity exl!eeds tile-.
maximum siu of persons delenniiBid by the census allowablft by tho NY'S Constitution; and as
suc:h BIQOklyn must halle Homerule again for our Stale's Security.
A review of the filets will show that Governor Eliot Spitzer ill a globalist driven by oxymoronic
Liberation Theology in COIISpilllcy with the CUomo and Clinton~. wlw$e modemm-
progressive praxiS is that ofFr.Oeorge Tyrell, SJ. (18tH-1909)andFr. PiorreTeilhard De
Chardin. s.J. (1881-19SS).
That b;yusing the God and Countey;principkas our inalienahle fouodalio!' for.~linuation of.
our federal republic with 50 sovereign SillieS is apposed by the 0<!\'elllllr, as ifNew YOlk were a
Exhibit A-3 Page 005. of 7

1
.-.
provinoe often provinces, mmly au subset. amona $3 provim:es globally, and the multiC!lkural
~<H:qualil:, it wpposes rather than lh~ fiercelY iDdependent Ctll!llttY under 1111 Alnlighty God
~ ci!izeos of one Srate are sov~ign among the fifty
~and oulture distinct from the whole world.
Fedetal members with bordets
Funbcr, qnly our Coagms ::the agenda under Article I Section 8 clause 4 i\)r the
~ of ci!izeos per not the governor or I~as if lllli10' UDder duo Alliclca of
C.qnf--on. As such goes Mt. Spitzer's violation of the Logsn Act by offedng residency
that UDdcrmines each citizen's:vote and right to have each vote counted in the sunshine.
Furthennore. were illegal al~'or aliens -'granted drivers licenses by the Governor's sedition
and treason, 0 contend that y the Fedetal govmunent may issue a license to an alien whether
here legally or not) the People s sovereignty guariiDiced in our State Bill ofRigbls Law in .U
Jllllltei'Sit affCCied, especially the Sllllctlty of the vote under Allicle nwould be undarmined
and stolen by dilution and fi:a My associate the Honorable Jtohert K. Doman bas suffered
siooc tbc 1996 stolen election the perfidy of globalist Republicans and Democrats who in
Califomla and elsewhere use gal aliens to vote as a weapon against our sovereignly, a copy of
Mt. Doman's letter to the in the Fedetalcascin Westem DistrictofNewYork WDNY 06-
cv-0080 ease Forjone v. Cali aetal. is herewith .-bed (now transferred to NDNY 06-<:v
1002 assigned to Judge La E. Kahn).
Uke me, Mr. Doman puts 0 and CountJy before party politics dedicated to the Sllllctlty of our
individual vote demands that laws of each Slllte be enfOrced and the right to vote by each
citizen be accompanied by the of knowing that each vote is duty counted in the sunshine as
a matter of natiooal security. 've on the public .....,.j suffiage perfidy exists in New Vork that
.Uows aliens to vote. Here in bany, were Mr. Soanlllto compare the graveyards ofAlbany that
rise as if by commaod ofMa Coming's ghost on election day with those who do vote,
liewise Mr. Hynca compariaglvoting roles census in NYC grows aa:ordingly each election day
with votesclloro all over the$. That electlons in New York prooeed as if by rcmotc control at
a di.muK:e and brings into q the use of'NVRA ("motor-voter act") and HAVA ("help
IUI)'One to \lote act}; aod as su duo standard il!rreview by this Co~ oboll be strict and
thorough as a Slate and natio security malter.
'
hi deference for the time of~ommittee I am 110t going to burden the reader with copious and
rcedily a~le (actsabou( dlillgerthe SIUICIIWYpolicy upon the
citizens, slates and nation. I at the beck and eoll ofthis Commiuee fur . supporting
evidenC<! for what I contend, am availsble for lrulli
Dated: October IS, 2007 I

Brooklyn. New York
593 Vanded>ilt Avenue- #281

Brooklyn, New York 11238
631-7456402
email: Jreel>rooklYJl!Pl!ublic@yahqg.som
Attaehment: JtKD letter to the Court
Carl E. Person. Esq.

'
cc: the HQllorable Robert K, D<1fnan
1
echlblt A-3 Page 006 of 7

2
Fotjone v. EAC wnNY Okv.SO

EXHIBIT D-2
Th<Honor..blc R.>bcrt K. Dornlln(IJ.S.
ll 341 ........, ~ Mood
c..._, 1077- 1~17)
San Juara CUpb1mno.; Ofi(Omill 9267!{
JulyS, 2U(Ht

The Hoourabl ('hief Judi!< Richaltl J, Arcara
for'thc l'niled Swre" Ohotnct Ci)Uit
\\o/~...lcm Dl....trkl ot'NC\\ YMk
JOil U.S. l ounhouK
Ni C\ltlrt Sf1\.'Cf
Buff.-lo, New Yorl. 14202
Re: Hw/dll\' fl.m l". .I C.' rtJJI. WDNY i~..SO (IUA)
S(hjl"dl lgtmspliol u qf IJaMt"RC)P RpJcJ. .
The Honorable Clucf JULJ~ Richml J. AtTara.

J am former l'. S. Hou11e RcprescftfDiiw Robert K.
o.m.m pro,. "idwtn b<uls an altorncy.IVho was ......-..~y- ill<plly by o.......,
l9Rn.a San\:lt~z b) a minimum of.2,369 ;~lk.-n \otn. omd uc:corJing 10 1.(.. ti.N.S.) rcconls4.02l
o.~lien Hlt~o-s tlkg:tlly c;~lit in tM 1'J% CaJiforoia Gt:neral Elcdion; and that by COf1&Cihi:lb ofb.>tli: the
RcruM!t'IU'I ahd Dcmomttc pertic:sixohind tbc ~fncs In vioJatiOft oftbo majority()( VOICft' rights
COfl'ii'ircd then and MW for control a\'~r 1l.l o~li-m vutin; row\!r in Callfomi11 and ~ingly
notlk.lll" tdt. AliCilS illc,wal. \'(lting with impunity nnd ~bereas not a !lingiO' indi,iduat '\\'ft dwgcd
\\'itA thm.~ of relmtl.~!t hllnng ftc:en t.~itwd.to dittcdy bring about m) los.. t, nine 't'ote.-
nnm-'irh... randirt rh4! I.e.:. M:<U'f.k hl tM c(lfllrary. I ~rc to tt"'ify nd-lnicr\1~- in: wtpport ofthe

-.-nlbahkd pro ...c Plaintiffs ~in. both in nty 0\\11 ~lf..inicc't and for the- i>urvival ofour nahan u
It t;011iotllutionaJ republic.
My Jtrect injury Ill I'Nh ;utd at\crwurd ~~the: $1Jbj.,."d of Plli!f!tiffi" AmtAdcd COmplaint
p.~r.!J!ntplu 9l. t l7thru 118 .md 141. A~ l>UC'1t tn)' intcrv4mtion il!rqqPired to C)ltabliWI M"<Ut;~Cy in
~ n:1.-ord tl(thc underl)-ing pRX'I.'C:'Jin!,!S duttnv. ~k rtltlf'e rhol'l ten )Uh. and lhat I aka"""''"'"'
w1U ~oupporr and tbnn~ ha!>b for rro,inM ~ puncmand C(lflducr~atcd withhotfl harbariQl!.
uf dl~:p.l alien, und ~i~>latton of U.S. C'itilen proprilltiry \Olin& ngbucompW.inod of'b)t PL.. inti$
lll"kkr ...-~ il RICO JU'01.-b:ionJ.
W 1th lca\e af1he Court u!Wr Jf,.po..itton .:.f the~ ctii'Nm J-4. 2111.16 tcuCI otllct I)(Defc:ndaat.
ll.l fl:"!"liW Jl.1 1he "Ret'lll:ult' Docker #7 :t ( r~in n:qur...,(m..s a ~~~ I'Qa5tcf' to-~ a~
and jurlxhctio;. tw~r defendant~>" ithin the itatc of New York ~,1\cally prior m PlaiRrit'l1
coosolidotN re'iranst in ~tion to the- \1lric1m motions todivniH!I). ifPloinlif& sQrviva J cbirc
Itt lP.ICf\C"!JC fttnnally undc:r l'fOVm_Oil:l of~tP Rule 24(1) WAd or be .VC:R stamliaJ to fi~if;
Wtdtr outh ""'"" "'''"d of !he rroo:.:ding a<<ordi..ly. That by'""'' rut.. I haw"""" .....
Wfl'e'ipon.Jcmtoc to f"C JuJy "'1'\ed upon partie;~ Jicin .ilnd tha1a dupJkatc and Cft'tif"lttlfe of ~ice
h heM\ ith :Utachc<J, R~tfull) >ubmin\!d (.,...- $:liM by:
~~<
~ht=~.
t. >:i1lfJIOillC nf Set\ ICC'
t c; P1arnuf& prl.l ~
Dd'~nJ:~ntf. (" oun~J:.;
EXHIBITD-1
Stxunk' ll.q>ly to Defendanrs' Response to Jteinarlt - Plif!'140 of 41

PLAJNTJFFS DECLARAnON IN SUPPORT OF TilE MEMORANDUM OF LAW FOR

PLAINTIFF'S COMBINjiD RESPONSE TO DEFENDANTS' MOTION TO DISMISS
Exhibit B-1
----------------------------------
NQvember 8, 2018, General Election

Presidential Elector Ust for the State of California.
Domocrollc Polly Proeldentlal Electors
Pledged To: Hillary Cllni:Dn
Tim Kaflle
D\Jslln R. Reed Javier Gonzalez Shawn S. Terris
Conconi,CA SanJose,CA Ventura, CA
John M. Ryan Marf<W.Heodley Gall R. Tfl!on.Undls
Sanl!afaei,CA Berkeley, CA SanlaBe-.CA
Faith A. Garamendi Ana A. Huerta Marla s. TomtS
Davis, CA Bakenlfield, CA ..-nda Heights, CA
Kathfeen R. Scott Donna M. Ireland RobertS. TOfl'88
Unooln,CA PleasantQn, CA Pomona,CA
nmothy J. Farley ChrtstirteT. KehOe Dorothy N. Vann
Ma!tinez. CA San Diego, CA Long Beacll, CA
AnaleaJ.P- Vinzenz J. Koller Oallld s. Wannulh
Sacramento, CA Carmei,CA Pasadena, CA
Janlne V. Bera Andrew R. KrakofT Karen D. Waters-
Elk Grove, CA Or1nda, CA Inglewood, CA
Sandra M. Aduna Katherine A. Lyon Shldey N. Weber
Laguna Woods, CA Coronado, CA San Diego, CA
Saundra G. Andrews John P. MacMurray Denise B. Wells
Oakland, CA La Habra,CA VICtorville, CA
Jane c. Block
..-.CA
Edward Buck
West Hollywood, CA
Sheldon Mak:hlcofJ
Westlake Villago, CA
Nury Martinez
San Fernando, CA
Gregory H. Willenborg
Los Angeles, CA
Laurence S, Zakson
Los Angeles, CA

,_,CA
L.aphonza R.
Los Angeles, CA
8-
Francine P. Busby
Benjamin Ca!donas
Gwen Moore
Los AngSies, CA
Call1y A. Morris
Rancho Cucamonga, CA
Stephan J. Natoli
Montebello, CA VIsalia, CA
Jackl M. Cisneros Mark A. Olbert
Los Angelos, CA San Carlf?S, CA
Ra....,.,.,d L Cordov8 Christine P. Pelosi
Garden GfO'II&t CA San Francisco, CA
Steven 0. Dlebert Cormen o. Perez

Fresno,CA Long Boac:h, CA
James A. Donahue Celine G. Purcell
EICermo,CA RodwoodCily,CA
Patrick F. Drinan Andres Romos
Escondido, CA Elk Grove, CA
Su.an Eggman OliVIa A Reye&8ecemt
--.cA stanford, A

Eileen Feinstein Mariano PriSCilla G, Rich~son
San Francieco, CA Cothodral CRy, CA
Nalalle P. F011man Steve J. Spinner

Valencia, CA A-.CA
101412016
November 8, 2016, General Election

Presidential Elector List for the State of California
Republican Prt Pnlsldontial Electors
Pledged To: Donald J. Trump
Michael R. Penoll
Joel Anderson M11111He- Mike Spence
Alpine, CA San Martin, CA West Covine, CA
Marilyn Bar!<e Tbm Hudson Shawn Steel
Loa AlamitOs, CA
Jennifer BeaU
EM,CA
neth Korbin
Surfside, CA
Mark Vaflades
Rancho San!a Margarita, CA cramento, CA La Crescenta, CA
Robert Bemosky n Krick Marcelino Valdez

Homster, CA. F~ilfax; CA Fresno, CA
Arun Bhumitra Jl.ffLal- Errol Valladares
Rolling Hills, CA lrylne, CA Valencia, CA
Jim Brulte lilda lopez-Alvarez Cyndi Vanderhorst
Fontana, CA VIsta, CA San!a Clarita, CA
'
r~~
Nachhattar ChandJ Megan Vincent
La Quinta, CA mel, CA Wilton, CA
Claire Chi&ra pa Doug Manc:hester Elissa Wadleigh
Bar!<eley,CA Jolla, CA Sonoma,CA
Tim Clark
Aubum,CA
t:yMa*Robles,CA
Deborah Wilder
Grass Valfay, CA
Greg Conlon
Atherton. CA
MattheW Del C8rlo
San Francisco, CA
Harmeet Dhillon
San Franc16co, CA
q>uck McDougald
S()uth San Francisco, CA
DaveWilmon
Riverside, CA
JohnYouog
Aubum,CA
Elizabeth Emken Osborn

Fair Oaks, CA
Jean Fuller iJPuglaa Ose
Bakersfield, CA sfJcfamento, CA
Ted Gaines
El Dorado H!Us, CA
Ron Gold
Woodland HIUs, CA
Lisa Gnlc&-Kellogg
Agoura Hills, CA
Barbara Grimm Marshall nfa.Revell
BakersfleJd, CA lteBay, CA
Howard Hakes Sfott Robertson
Pasadena,CA ~n Francisco, CA
Diane Harkey
Dana Point; CA
-Hannon
Roddfn, GA
Noel Irwin Hentschel
Los Anaeles, CA
1G'412016
November 8, 2016, General Election.

Preslden.tlaUEJactor List for the State of California
American lndopemlent Party Prealdontlol Electors
Pledged To: IIQ""Id J, Trump

llli:liiiel R. Pence
Linda Lea AlsbUry' Chades Edward H...-, Jr. -rtOmelas

Winters, CA Redding, CA Anahelm,CA
t.te.wyn Alsbury Thomas Nowten Hudson Marilyn Plumb
Winters, CA Elverta, CA VacaviUe, CA
The Honorable Steve BaldWin l1le Honorable John LeBoutllller Jamie Rangel
Santee, CA Old Westbury, NY San Diego, CA
Gary Brown The Honorable Robert Marc Levy Jeffrey Rangel
Fairfield, CA Plnehumt,NC San DiegO, CA
Ruth Brown Mary Parker Lewis John Daniel Robertson
Vacaville, CA
Mark Brownlee
V.cavllle. CA
-cio
Alexandria, VA
Gene lopez
East Palo Alto, CA
Pleasanton, CA
Marl<ham Robinson
VacaYIDe, CA
William c. Canloza Judy LOpez Mary Robinson
Saaamento, CA Vacaville, CA VacaviKe. CA
Joseph J. Cocchi Raul lopez Stephanie Roundy
vacaville, CA Denville, CA Simi Valley, CA
Julie~
Hays, NC
Kayle Cdglazie<
Hays,NC
Pel!fcke.;glazle<
Sheila SohuHz LOpez
Denville, CA
Leonard luna
Hllnlihglon Beach, CA
Kim McOennott
Terrance Arthur Rust
Truckee, CA
Dustin Paul Salsi
Shasta, CA
Richard Scott Andrew ~lo

Hays,NC Vacaville, CA Reddlng,CA
Or. J. Steven Davis Eric McDermott David James SchoU

Buena Park, CA Vacaville, CA Oixon,CA
Sallie Hansen Doman Mhur Loyal Moryan Mark J. Saldanbarg

Fairfax Station, VA Redding, CA Aliso Viejo, CA
The Honorable Robert K. Doman MatlheYt Justin Morgao Chris Smentech
Folrlax Station, VA Raddlng,CA Obcon, CA
Wlloy Drake Richard Mathew Nettkrton, Sr. Gtenn 5mentech
Buena Pa!f<, Cl\ Shas1a Lake, Cl\ Dixon, CA
Sally S. Eastsr Julio Marie Nelllatoo Michael Warnken
Cl1rua Heights, CA Raddlng, CA Dlxon,CA
Ron Gold Marc Nettleton JaCk Warren
Woodland Hils, CA Raddlng, CA Rocklin, CA
The Hon018blo Vllgi Goode Jayoob Androw Ornelas
Rocky Mount. VA An""'eifp, CA

JoffGnoge Melissa Omelas
Simi Vafley, CA Anaheim, CA
10/412016
Nov9mb9r 8, 21)16, General Election

Pre$ic!entlal Elector Lls.t for the State. of California
G..,.n P~rty P..,.idential Electors
Pledged To: JIH.Steln
Ajal!lll Baralql
Daniel Atvanido G_reQJim, Nancy Shaw;
OoWney,CA Oakland; CA Ttm~pleton, CA
Saymh Amirabrahlmi ScottKam Dana Silvemale

Los Angeles. CA. . San lufs ObispO, CA Blue Lake, CA
William~ Tarik Kanaana Susan Sonne
A~. CA Santa Rosa, CA Buena Park, CA
Janet Arnold Janet Kobren AngellkaSonne
Oakland, tA Oakland, CA BuEMla Park, CA
Doug Barnett Margaret Koteen Pamela Spevack
Los Angefes.. CA s8:n Lui& Obispo, CA Oakland, CA
Meredith Bates Susan c. Lamont Lisa Taylor
Mom> Say, CA Santa Rosa, CA Los Angeles, CA.
Marla Bernstein Hass'ina Leelarattma John Torok
los Angel~ CA Arlela, CA Oakland,CA
Megan Buckingham Jessy M. Lemieux Jesse Townley
Clovis, CA Riverside, CA Berkeley, CA
Timothy Casebolt Wimda Jean Lord Jack Wagner
~Dtego,CA Bak.ei'Bfleld, CA Sonoma. CA
Jose Trinidad Castaneda

Fullerton, CA
Unda Chimenti
PasoRobles,cA
Susan Ctiunco
Bernard c. Macdonald
AlbJon, CA
Genevieve Marcus
LOS AngefGs, CA
Patricia Marsh
Paul Weiss
Mariposa. CA
Laura Wells
Oaktand;CA
Santa ROsa, CA BerJ<eiey,CA

MargotCoK Robert Marsh
santa Rosa, CA Berl<eley, CA
Frisco Del RDSarlo PeggyOI<i
Sao Mote<>. CA ca-a.CA
Rachaet A. Denny Samuel Payes
Bmdlay,CA San Jose, CA
Sanda EVerette Linda Plera Avila
San Mateo, CA.- Santa Monica, CA
Michael FolnsteU1 Ajay~
Sant8J.tonice, CA los Angeles, ~-
John Farah John EdWard Reid
Santa Barbara, CA Paso Robles, CA
Michael Goidbe\>1< Ron Stacy Rodarte
CarlSbad, CA San Clemente, CA
Richard Gomez Lu~ Rodriguez
Fresn<>t CA S8n Femarido, CA
Undsey Hanns
Sonita,CA
Ttan Harter
Mountain vrew, _CA
Michael Rubin
oakland, CA
~yklSha~
' Saint Helena, CA
1014i2o16
November 8, 2016; .$eneral Election

P~id~tntial Elec;tor List for the State of ~llfQmia
L~Hrtirtan Party l'lllside.,ual S~I'S
1'18dgeo~ T<!: GillY Jolin..,.,
-Appleby
Bill Vl!eld
Davk!Kelterinq

Kurt ScllOJib<

Stocl<ton,CA Ufaye~,-cA
..."""""' CA
BarohBninD Manuel S. Klausner John SfagUano
Marina Del Rey, CA Loii AAQeles. CA Malibu, CA
Alman Cllahal Janln$ K(oss AaJ"Qn Sb;vT
Modosto, Cl\ SaCf'Br0ento, CA Oxnard, CA
Alicia Garcia Clark Tyler t<usk.fe SriSn Thlemer
Pasadena, CA cameron Part<, CA Fa(rfield, CA
Edward Clark PauiUlzaga Emily Tllfon:l
Pasadena, CA Ben lomond, CA Folsom, CA
Tracy Cram'er ~ito Leibman J~TIIford
trvine, CA -.CA Folsom, CA
-ph W. Oehn. Ill l'l1olnaS Lippman Susan Marie Webtt
Stlflnyvale, CA elisbaile, CA Pakn Desert. CA
BalbaraEngeihanlt Behjamln T. Maes R-.G.Weber
Sacramento, CA SuiSun City, CA. Culver City, CA
Keith Ericson Michael Martin Randall WeiSSbi.leh
San Diego, CA Saota Ana, CA Arcadia, CA
Rlchan:l Fl_elds
Oavf&, CA
Aubfey Freedman
San Francisco, cA
Nicholas Gerber
Moraga, CA
AJe)tMattls
Sacramentd, CA
Denis t.IBhullc
Pleasant HI", CA
Catherine Mellor
Lod( CA
William c. White,
Los Altos, CA
Martha de forest
San Diego, CA

Joshua Gf8wson GaloMofwm
P~na,,CA Sacramento, CA
Noel R. Gregorio SamueiW.Oglesby
C.s!alc. Cl\ .. Gerdeii 13\ovo, CA
Harland Hartison Kenneth Sreot Olsen
Be!moot,CA . Hanfold; CA,
Jane Heider G8rdner Osboroe
Carmel,cA La Jol,., CA
Nathan Hoffman Sliash( Ramchandali
tos-~8s.CA- $uM'Yvall!f. CA
JohO ti9oP JoeflOynoso
Signal HIU, CA Cloverda~, CA
Linden Hsu Hooor Robson
San Jose. CA lnng~,CA-
Jonathal1 Jeecfl, Brlan W~ RYman

~AnQelee, ,CA, Adelanto. CA
.........,CA
~~!lander
John Kendail
~rta.iach. CA
Brian Sch8r
Menlo P8}14 qA
David -Schrader
H6nnosa Beach. CA
NoveiJI~r 8, 2016;. General Election ..

Pre$id~tntial Elecj:or Ustfor the State ot California
Peaound ~reodom Puty Pnosldn11al 1:1..,.,..
Pledged TO: GIOrra E8tola La Rlva
Det!nla J, Banl<s
1\!egllann Adomil Ruben La RIYO Lehma Ainena Sawez.-
O.ly City, CA San Frlinclsco, CA OaviS, CA
l<evlnAkkt Gloria La Rlva Michelle Schuele!
RMimlde,CA San Francisco, CA San franCisCo, 'CA
Margie Akfn Tll)it landiS Fred Short
Riverside, CA _San Francisco, CA Ukiah, CA
Richard Becker Frank lara Margaret M. Smith
San Francisco, CA O.lyCity, CA Aplos,CA
Jon LOwell _Britton Shelby Uppenoott Neal $weeney
campbell. CA Sacramento. CA Davis, CA.
Sarah Carlson Esmeralda Loreto Tahnee $we$nay
San Franclsco, CA Los Angeles;, CA Oavfs, CA
Tanya Chase Abel Macias Dennis Terrill
Sail Frailclsco, CA San Diego, CA Sacr.imento, CA
John COmly Evelyn C. Martinez Cristina Vlllatoro
Berkeley, CA San Francisco, CA S8aamento, CA
Yohana Oe Leon isaac Munoz Mackenzie Elizabeth Wilson
North Hollywood. CA Mod-.CA Sacramento, CA
Gerald Allan Frink

Saolamento, CA
Anne M. GemtJor!r
San Franclsco1 CA
NyreeHa!!
Sacramento, CA
Susan M. Muysenberg
campbell, CA
Toni Novak
Healdsburg. CA
Keith A. Pavtik
San Francisco, CA
Preston Wood
Los Angeles, CA
Sheila Xi&o_
los Angeles, CA
Maile Hampton Samuel Petker

sacramento, ~ Manteca, CA
Norma Hanlson Adarl PIEISC$nsla
Berkeley~ CA Irvine, CA
Estovan- Kant Po-
St<:ra_mento, CA &crame:nto, CA
John Henstley Emily Power
ChrusHelghls,CA ~ento,CA
Gary Hicks \iictor Quintero

Berf<eley, CA L.o$ Angeles, CA,
RonH- John Rei!W'

San Fnincisoo, CA Sacramento, CA
NSthalle Patricta Hrlzl Debra Reiger
San Francisco, CA, Sacramento, CA
Hqward-Jotmson JamlerSale
Los Ang<llos, CA $8Cr&m6nto, CA
DOUglas Kaufman
lorig Beach, CA
Eman ~..""'
Long ,Beach,_ CA
Tere$8 Sale
Sticraniento, CA
Erik Saucedo
~acrameiuo, cA
1014/2016
PLAINTIFF'S DECLARATION IN SUPPORT OF TilE MEMORANDUM OJI tAWFOR

PLAINTIFF'$ COMBINED ltESP(JNSE TO D~D~' MOnON TO DISMisS
, THE PEin'IONWITH COMPLAINT
Exhibit B-2

. 11tntthtt iltjlartmtut
!llt!t utQ!alifllntia
CERTIFICATE OF ASCERTAINMENT
For
ELECTORS OF PRJ!$!J)EI)ITud
VICE PRESiDENT ofthe
UNITED STATES OF AMERICA
2016
To the President Of the Senate of the United states of America:
I, EDMUND G. BROWN JR.; GovenmoftheState of California; herby eertify,

~ pursuant to the laws ofthe United States and fhl!state~f~alifo~a,ibaf ~ <k~efal:
Eterition ,W!iS held- lti accor<ianCe Wiih:iaw ID the.State OfCaliforni~_on ~~ t.1le gm-
day of November, 20(6, fur Eedo~ oftb~ Plesid'!ll aM Vice President oftbe united ..
States.
, I futtl,let c~~i~: ~~ ,~; ~~ ,c:ast for El~ fP tije;CJ~~~.$}~~?'1 ~

canvassed and' certified by the Secretary of State,tif the Stare of California,' and, 1he
~~~ ofs1at6 'haS C~Qfio' lfic the' ~~;~d: Q~fu\ O~~rtS receiving y~tes ~
Electors.
I further. =tify that tbe fullowing~ receiVed !hl' higljest m)lnber of ~tes
fur l!te<<ors of tbe President'arid. Vice Presid<illt Or IIi U~ Stittcs tOfthe State of .
Ca!ifumia;

amriui.. ~rta~ .. inied .SEieclrlrs
......
tbi,filial
~ri;.t:d .~.
1dliii ,., ,
u uited
bylaw:
...,.,. : ,
~M.Adupa,
, ~Gli(oi'nla;t>emoerfttk Party EreetorB ~~~ t~,
Hiltarj-_Cfint0Jlt6t: P~nt 9ftbe U-*'~ &~$and,
TIM jaia~ fo~;y~ P~citt o!tlte UOikl' states.::
Mark w. .,.,..,.., l>"'!ri ll.~ . .

_.,.. .Q. """"""' Ana A. HUerta: Qlivl!l A. Re~eceria
Janine-V . Bem l)onna M. lreland ~~~(j.Ric~:,
J&neC.J;llock ' Christine T. K~ John M.- Ryan
, Edward Buck Vinzw: J. Koller Kathleen R., SCott
FraneineP.-Busby Andrew R. Krnkoff SteVe J. Spifuier
L"""""" R.
Benjamin Cardenas
a- Kad!erinC A'o Lyon
John P. MacMwTay
siuiWn E. Terris
Gail R. Thttirt-Landis
Jacki M. Cisneros SbcidOO MalchiCoff Ro~rt S., T()fl'f;S
Rit:ymr.nd LcOrdova Nury Mar:tlnez MarieS. Tortts
Stevea D. Diebort GwenMooi~ DorotbyN. Vann,,
James- A. Donahue Cathy A.- Monis: Davi4 ~- Wfttllluth
Plltrick F. Drinari. Stepben t. Naroli ~aren Q.Waters'
Susati Eggman Mark A: Olbert Shirley N. Weber
Timptby J, Farley AnirleaJ. Patter:son Denise B. Wefb
El1een Feinstein Mariano Cbristine P. Pelosi Gregory H. Willenborg.
Natatle P, Fortman' ~O.Perez lAurence s~ zaksOn; '
FoithA,~ ~line q. Purcell
Javier Gonzalez: Andres Ram'os
NUMBER OF VOTES -8,753,7ll3
!hose
, I further certify that the foOo~g persons received votes for, Bieeto,S Qf tbe
President and Vic~ President ofthe United States
east for the Callfonu.Oemooratiei'l!l1y lllect!'rs:
for
the. State of california other than
CaUfomla Repobltcau l'artr Ek<to<'S Pl~j:ec! to

Doolalil J. T""!'p ro~ Pr<8ideid of the u~ ~t<s~
. ..
. eui of fllel)olf<id. Slatiis:
Mich>el R. p._ n,r Vi<e l'tosid. ,q "'
Jod- J)ijn< H!ul>y J)OnDit !Jort'

Mori!Yn"- MAtthew Han.non, Dennis R.eveJf
' ,' Jeflriifiir ~~ Noelltwll\ !H:tliSchel scott R~itson
,IiobM'~y' c.,.~~,
MarkHenick
~:}Jh~ltnl; T{)ntHiitf' Tni' 'Si
' '' $OR
.. ~s.iiiucaiD
Jim BFult;o
l>(.,J,i,au., Chand!
CIW Chl.ni
~ """'"'
KeVin'Krick
JeffiAillOWaY
Mike~'
smi.WD 'Sieei
p
TintCluk L~~~lvam. ~,~_~(~,'

""'
, , 0' -conlOri
' Mlubcw..Del ..CarlO ;
'
, , 'Robin LOwe- ,
Papa Do~ Mancbt'ster'
S!liitey Made .
,, M~~l{UitViudet ,
l!troiv.O.r....., . ,
l!iUnii<i Diiiuim ' c;;;.n v.!Ii!wis!
MCgan Ymcent
. Elw.lii$ ~ Cf,Uek ~riougald
' Jean Fuller- :, John Mustlla Bfi.sa Wmildgh
Ted Gain' Ito# N~brins 'De~ Wilder
ROO ()old Mikio.bom ~~: ~iuimon:
J .. . .
.....
: - ilia cinlce:.gellOgg , , , ~ug!M_~; ~:Young
~OrlmmM,...ll John Peck
H~Hakes Pew'p~~ich
' ' "' '
>" ,; ''
', "'
'"'**
Americaa IndependeDt Party Electors Pledged to

Donald J, Tnimp Cor President of the Ualted States and
,Mfcbael R. Pence for Vice President of the Ualted States:
Unda L<a At.bwy Charles Edward Harrison, Jt. Rob<rtOmelu

Merwyn Abbwy Thomas Now!en Hudson Marilyn Plumb
the Honorable Steve Bald The Honorable Joh:a LeBoutillicr Jamie Rangel
Gary Brown The Honorable Robert Marc Levy Jeffrey Rangel
RDih Brown Mary Parker Lewis John Daniel Robertson
Mark Brownlee Gaudencio Gene Lopez Markham Robinson
William c. Cardoza JwlyLopez Mary Robinson
lQSCPh J. Cocchi Raul Lopez Stephanie Roundy
Jolie Colglazier Sheila Schultz Lopez Terrance Arthur Rust
Kayla Colglazier Leanard Luna Dustin Paul Salsl
Patrick ColgiWer Kim McDermott Richard Scott Andrew Schalo
Dr. J. Steven Davis Eric McDermott David James SchoU
Sallie Hansen Doman Arthur Loyal Morgan Mark J. Seidenberg
TM Honorable Robert K. Matthew Justin Mmgan Chris Smentech
wn.y """"' Richard Matthew Nettleton. Sr. Glenn Smentech
Sally s. Easter Julie Marie Nettleton Michael Warnken
Ron Gold Man: Nettleton Jack Warm1
The Honorable V"trgil Goode Jaycob Andrew Ornelas
Meii$Sa Ornelas
Jeff Grage
NUMBER OF VOTES- 4,483,810
...
Libertarian Party Electon Pledged to
Gary Ohnsoo lor Presidellt of tbe United States aod
Bill eld for Vice Presideat oftbe United States:
Alexander Appleby JQftllihan. Jaech Shashi Ramchandani

Baron Bruno Sondm Ka!IMOO Joe Reynoso
Annan Chahal John Kendall Honor Robson
Alicia Garcia Clark David Ketnrlng Brian W. Ryman
Bdward Clark Manuel S. Klausner BrionSdw
T""Y""""' Janine Kloss David Schrader
JOSeph w. Dehn. m Tyler Kuskle KwtS<hultz
Barbara Eusetbardr Piwt Lazaga JOM. Stagliano
Keith Ericson Rob<rto Loibmon Amon Starr
1\idlard Fields 1bomas Lippman Brian lbiemer
Aubrey Freedman Benjamin T. Maes Emily Tilford
Nicholas Gerber Michael. Martin Jamtt Tilford
JOshua GJawson Alex Mattis Sulan Marie Weber
Noel R Gregorio Denise Mehulic Robert G. Weber
Harland Harrison Catherine Mellor Randall Weissbuc:h
Jane Heider Gale Morgan William c. White
Nathan Hoffman Samuel w. Oglesby Martbadel'or<st
John Hoop K~ Bn:nt ()!sen
Unden Hsu Gardner Osborne
...
NUMBER OF VOTES- 47ll,m
-
Greea Party Eledon Pledged to

JW Stem for President of the Ualted States and
Ajamli Baintka ro,. Vice President otthe U~ited States;:

Daniel Alvarado Richard Gomez. Ajay Rai
Sayareh Amirebrabimi Lindsey Hanns John Edward Reid
William Arld'eld TianHarter Roo Stacy Rodarte
JanotAmold OregJan Luis Rodriguez
Michael Rubin
""""""""'
Meredith Bates
Marla Bernstein
"""""""
Tarik""""""'
Janet Kobren
David Shantz
Nancy Shaw
Megan Buckingham Margaret Koteen Dana Silvemale
Timothy Casebolt Susan C. Lamont Susan Sonne
Jose Trinidad Castaneda Hassina Leelarathna Angelika Sonne
Linda Chimenti Jessy M. Lemieux Pamela Spevack
SuunChunoo Wanda Jean Lord Lisa Taylor
Mmgot:Cox Beman! C. Macdonald Jolin Torok
Frisco Del Rosario Genevieve Marcus Jesse Townley
R!lchatl A. Denny Patricia Marsh iackWagner
Sanda Evcrcttc -Manb Plud Weiss
Michael Feinstein PeggyOki Laura Wells
John Foran Samuel Payes
Michael Goldbeck Linda Piera Avila
NUMBER OF VOTES- 278,657

Peace and Freedom Party Electon Pledged to
Gloria Eatela La Riva for President oftbe United States and
Dettais J. Bu.ks for Viee President of the Uaited States!-

.................
K~Akin
Howard Johnson
Douglas Kaufinan ,
Victor Quintero
John Reiger ,
M..-gicAkin EmanKhaleq Del1a Reiger
Richard Becker Ruben La Riva JamierSale
Jon LowcU Britton Gloria La Riva Teresa Sale
Sarah carlson TmaLandls Erik SIIUCedo
Tanya a- Frank Lara LchmaA.m:ena ~wez
John Comly Shelby Lippencotl' Michelle Schw:let: ''
Y9hanaDe Loon Esm<r>ldaLoreto Fred Short
a...Jd Allen Frink Abel Macias MougoretM.Smith
Aline M. Gambooi Evelyn C, Martinez Neal Sweeney
NYrooHall IS8i1C Munoz iabnec Sweeney
Mallo Hampton Susan M. Muysenberg DeruUs Terrill ,-,
NOrma HarriSon Toni Novak Cristina Villatoro ,
Estewm Hernandez Keith A. Pavlik Mlldtenzie Elizabeth Wilson
John Hershey Samuel Petker -..wood
~Hicks Adan Plascensia Sheila Xiao
Ron Holladay Kent Power
t<iadwtc Patricia Hrlzi Emily Power
.
NUMBEROFVOTES-66.101

"

.

Elee~Ol"ff ~l~ged t~ \Xri~'a C.ndidate ,-

Bernar;d "Bernie" ~!'(l~f!! :rot ~r~t:f!Jf~,l/i'liied, s~-'AA ~tm~
Tulsi Gabbard for'Vl Presid~t Of:tlie United States:,
Lydia M Arbizo Jensen H~tings M.aiy 1o Poole

ROO.,.- D<mald llugbe$ Barbara MaXsOO Proud
SbM t. Barnes Alan Davis Hysinger David Robbins
Mary Kay Benson Ramona Irwin Christina Robinson
' Deirdre Brinlee Benjamin Jenshus 'Cheiyl L. Rogness
Alfred {1. Bidf Lynn Kessler Kira Rogness ,
RenceJ.Bu!f Margaret Kincaid Lynn,lloot,
Mary Beth Cameron Karissa Knurowski Rebe=l Ross:
Brian CarolU$ Donald Arthur Krenos Lisa S. Soouteit:
Caroline Coward Thomas KrouSe Jason ChriStOpher Small
Clayton Lee Daves Brenda Lee ColleetiF. SJ)arics
i~eR. Davis Tori' Phebe Lin Robyn Sumners
Jonathan Fields Jerry Malamod Carol Thlesing'
Catberijte Fish Julie Mari1l' Marsh PatriCk Thre.sing
Linda Beth Fox Ronald Massey Sheri~:
Patricia Otaci&n Jefli'ey Scott McCampbell Denece R. Vjncent
Trlsb A, Guajardo Jeneva Miller Kathy Yurlsta
catbUine AnM OUoderson PatrlciaL. Moorea
Patricia A Hami!kln Deanna Lynn Polk
NUMBER OF VOT$ -12,108

,E~ton Pled~ to Write:In Candidate
Evan McMullin f'or Presidenf oftlie'Uni~, ~tes and
Na~n Jotm$oa for Viee P~ent Oithe_-tJftited Stata:
Kiltuletb ReedAUen- Cynthia Lea Ouinio J19lty Qwyndlyd NQU

Pau.l CM!and Ament Ari 'Haliyar Connie ~~-Pale
-~ Micl)elie _Motiahim APPlegate Jtu?A.~ Andr~?W Patrb
Gehige lloicy A<t... . Sarah P, Hancock Jemriy Clidstopber Powell
T&una ~ .
===
Daniel Frazier Boh EmcstR.obefl Iieiqz ..
. Benjamin ChriStensen Roy D.Hensley NidhaR LeSlie Sandlund
Kathleen L. Co~ .Ceeile.L.Hoclge.: AI~~..
George Gui:terlous: ~ CopC
Erifl.icheite HUsSer K~!ier. Sbutm~Ut
Susan Elaine Cottam (,)nthhi ~J.e~
Aaron Oarli~ KeVIn Kimball.. Janis siDilll
.J..aw8 'Christine Dillender CQ!ln Maci>Om!IO ieftrej.li, Sulit~t
~ l'oli~ Dlrisdaic RiChard l{eVfu Manslidd. ll: ; ' . . . Cfu.JatiPa .~ Snjt~ M0tgan
ken{ Ann Downs 'Betty Ann:M:ittql.iardf.. Ai'lgela.Ye,iean
Mmty Boyd llyo Patrick McBrearty R~ t.i~l yey,luf!ek
Diane Parker Eldredge Julieta Mefid0ia DaVid Joseph Watkins:
Leotwd F:areUo ~ ~ _MorriS()n: . cirlStin~''\VU;t;
Jan Elizabeth Fry -~~Craig_ Mpultott ~jhm E. Zacbresou
Jocelyn NieJsell. 09)dberg Laurel Staten Nguyen:
Jiunes droChke . Jonattmii NguYen '
NU~$R OF. VYl1l:S .- 7,J.?4

.. . . ~lef:to~Piedged_to~ri~~.~d.~ ,
~ MatUrea tot Presiifent. 0(~ .VD~ s:t&te$ aJW
.J~ Muiloz forViCe:PresidentOfthe Uftited States;.

S...!\h!nod USa t, Hammill 'Sa$ba ~ Oa,fes'
George: ~lg "Maiy H3lnmood John Piilset,ki,
Craig llemtM! Lee~ Hammond Sharon Pi!ISei:ki
Joseph Bidwell Tami \1/.atanabe Heclonann JusrinR~
iSmes M. Boubonis 'R(Iss SteVen Hec~ann Theresa Marie RU$S eoVich
victoria SnVeStri Carroll Briari David Hec~atm Benjartlitt Seidl '
Briln ThOmas cirrnn Bradley Heidenbng , Sata:A. Silveira
Liam Joii CiteRey. Jon'athan Hoiowaty Desmond A. Silveira
~Collins Lindsay f<atherine Howie Gamine> DeniiJs JiaUJ Slav~,'
Nicholas.cOIIins Gaiy A. Huber Jesse David Slavens
Noitk! Combs Edword L" Hull F~Y Sutjan~ .
AdarB N. CtaWford Olukemi A. Ingram Ch~Wal~,
Melissa M. Crawford. Le:;lie Shaw Klinger. Ke~th, Richat!-1 Waf!:eri, Jr;
Kenneth E. C:rawfo-ilf JobAHenrytamming . Ttish A. Warfield
JoffCul~ oam Richard Lovelace CstoPW" It Wejnl~opf'
LeXuan Culbreath Mate Gregory Mason Justin Wetter ,
Benjamin Michael Ebbink Laurel Muff Teri L. Wilkie
Pbfilp B.R. Gallandel:s Stephen Geoffrey Muff
Ryat~ Hammill Kar_ Oonnan Nicbpfns
NUMBER OF VOTES -1.96
.... _
EleCtOrs Pledged to.W~Io_ 9indWate

Laurenoo Kotiikofl tQi' President Of the t.iiiifect Statts and
FA~wa~ ~in~r~ VICe ~iot:t~te .Vnitea S~~J.
<
Diana Bailey ' ' ' Dale Frank
KatbiCOn M~Ckiq ~aptist ~btinili Ann Giassman
.~ni()(rlo~ar~ Lany<lrobel
.SkUbiii'Lewis Brown> JoriathlinLouis.GU .
L" . TeViS Bun.!s6n>
.,)'IlL" "<""""
-~- ~randUtt_ Hl!)eS.
Patri.Ciit.MWkFSUS~>. PattiekKevinHines
i<.i.m catlm " DenlciJ. HOuk
-~~~: .'NMcyTo Huynh .
. :::~
'"''~'' '
~~~nK~
""" """"'
~~:~
"' """'"I>es;ril),
~:0..!0 " "
Joseph Kahn
MlclJetlne Kal$wi ;
Bassaril- KaJdawj _
JeffDallingtr' Krishna a: KUmar :
Ad.,ulWnti<P\nl>llet ~~,J.ev ine
v.c.;. .
'DaWn Elf&e~b.' : Peter ~Pe l,.l'berti - .
. ~<;oliE<!-""" . S.,etlj> ~We
l'oWM!clmOIF<li>boig . &iher M~lies:
ptiricia:Nrlrttum Feinl:!ers. . AnUenak Marl;syan " ..

<"
NUMBER()fi'VQTU_..,.:~-
.' " .' ',
., .
.,,,, .
. Sheen Adame
El~tors ?Jedged, to_Wriie:.Id ;Candid&te
Jeri')' White fol- PresideJit of the' ~D~ted States and
Nile& N~ath Cor Vice Presidtiihft~ Uaittid_Stateii:
Alan Gelfimd Alexa N!lvmro

Michael L. Becker Evan Hudson Ge~Nt~;bbia
' lose: Mateo Bema! Nancy Ingram Donald G. Norris:,
G!Cnn Brigbtwell Staness Jonekos Christina Pederson
Jobrl Brightwell Diana Jones Latrel Powell
John C. Burton Jeffi:'y Alan Jones T(lby Remmers
Nelly J. Carlisle Genevieve Joiles Kale Roseeii-
frederickS. Choate Kirandeep Kaur Juan Santaoa
Geraldine Ann Clifford Nora Kimie Kuzay Jonathan Seibel
Matthew J. Crooke Liana LeQaron HeinzJakQb Strurik
Celia CruzElmassian Sandy Leonardis Luana R. Turner
Roseanna Carolyn D'Amico Robert Bruce Livingston William VanAuken
Anthony Delgado MarcO; Marinangeli Daniel Viruleg
Carole D. Dentoo Robert Marston Bnmdan Weinhold
John Albert Dragstedt Mic:hael McClain Jeremy C.R. Wells
Patricia Evans Kevin Mitchell Morris White
Christopher Franklin David Moore Carolyn L. Zaremba
Robert Douglas Gafford Dwight V. Moore
Norissa Gastelum Maria Munoz-Nebbia
NUMBER OF VOTES -7
IN WITNESS Wl!EID;oF I !,ave hereut)!O

set my ham! 1\11~ C31!sed the"<ln>at Seal of
thO State of caufumia io he affixed
this 1:1th day of IJ~cember 20 !6.
AtteSt:
. ""
....Set:r_Wy_ 9f' Sfatt\!-


PLAINTifF~S DECLARATION IN SUPPORT OF TilE ~ORANDJIM OF LAW FOR
PLAINTIFF'S COMBINED RESPONSE TO DEFENllANTS' MOTION TO DISMlSS
.. . . . TilE PETITION wiTII COMPLAINT . .
ExhibitB-3

PLAINTIFF'S DECLARATION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

PLAINTIFF'S COMBINED RESPONSE TO DEFENDANTS' MOTION TO DISMISS
THE PETITION \VJ.Tii COMPl.AINT
Exhibit C-1
Am~~ lndepen~nt. Prty Of California

Affill..ted \'lith the American ~det:it Party
Of . .. . .
Th~ United S{ates
State Ceiltnlt Committe;e Chalrpersan; ~rk~detjberg

~tive COJTim!~~ ~irperson:~ ~ham RobinsOn
State ~eadquarte"
476 Deodar~~ st. Vacavi!~CA 956882637
AlP HQ Pt\c)ile; 707c35'1-4884
markyavelll@gmall.com
State Filer 10: 742371 August 5, 2016
To: James Bn..tlte, Chatrman of the California_ RepubU(an Party,

and ,
Cynthia Bryant. EXecutive Director of the California Repubttcan Party
From: Mark J. Seidenberg, American Independent Party o! California Chaii'P'!""'1
And
Markham G. _Robinson, Executive Commlttee'Chainnan (State Party), ,Qtairman (National Party)
Re: American Independent Party 20lo Presidentlal11dcet Intentions
Dear James and Cynth1a:
The American Independent Party of Califotnia is very pleased to offer .cooperation to the Catffomia Repilblldln
Party in the eleCtion, of Donaki,J. Trlnn~ and Michael Rtchaid Pence as the-ne~ Ptesfdent ~ncf Vice President of
the United States, respectively. ElectionS~ 13105 (c) prOvides statutory support for such an. offer by alloWing
us to nominate your Presidential ticket.
The demographic to which the American lndepel)(lent Party appeals Is precisely that ofthe new votors which
I>Qnatd T~p btooght out to vote for him In the recent Primary ~oos,. A n:um~ of Repu_bli~ Officeholders
attrtbute their el~l suctess t9 the edge prl:wtded by our eildcirserrient. 0\if nomfl')ltfon. is; we i)etrey~. ,
much stronger evidence of our supp(lrt and ~than Just an endorsement and reaches beyond our own
registration base ~o many m9re vot~ Who are aCquainted With oUr brand.
Here Is oui pllJI)OSO!,
Ol,Jr St~1te and Nattona~ !;onventlons. (Auaust: 13, ~16, tn S8crainento, CaUfomfa) wtll noni~nate Donald ~. Tiump-
and Michael Richard . Pence f<ir President
. ..
ana Vice President,. respectively. .
We wfU in:unedlatety no~fy the SeGret;ary of _state of our d~siC?O fottOwtng, o,ur tWO- dateveri~ ~-en~ ~t -~~
the deadtinefor the submisSion of an Electoi'Bt Cot\ef:e slate,-~ Will,: j0intl1 Witb ~Party; wrtte-a. flOtifiql~lon
to the Seqetary of State speqfying Pres!~t!a! ~.t<!Ctor.; pr!m;!rity set~ed. b)')'Otlr Pal!\' and a ~aft nuin.... ~
our:s. Vslrig .. tat~t
. .. the - . .
. rftfst:ra~fofl:ttS.tir~ f6~ Our P~;rt;IE!s o.ur ~Ir
. portion of:55 E~9fa;t
. College-.
. . Is:
((4571nl(~1+457173)}'55 =4.7034751954
ROunding to the nearest whole number. that is 5 for us and ~0Jor)'04. We wil! PfOvj~ ~ promp,\(y vnth a list Of
5 potentia! electors and their relevant infoimation w~lch Y.u should {lnd easy to~.
~forth~ Republican Party Coopeiatini With ar'lother'party: fn Presldef)t~l: elfk:ttmls, ~.,ie r~l_ldJn 1928
anc;f 1~40 electioOs where your Party norilinated the same P'restdeOtfiil candi'd{lt@ {lS ~e Pn?f\1bit!on Party pf;'
California and tbe Townsend Party, res~y. ln j~ZS if1e California Prohibition Party brokewilli its nationol
party and nominated Herbert Hoover. but did nominate fot Vice Piestc!ent someOne dlf!efent frolit ttfe . .
R~ublti:ah nominee tor th!lt position. OUr proposal dpes better than that~ syndlromzt_ng our national and stat~
piny nomtria~'tons fOr President and Vtte ptesiderit eOtireLY with your Part(s
Fo< your <;<>nveolence.you will find billow t~enabllng E!ectlons C<e Section and a Unk to matertarpn tile
Nstortc election o_f 1928.
mos.
(c) If for a genera[ election any candidate for President ol the United States or VIce President
of the United States has reteived the n(!minatfoo of any_ additional' party qr parties, the name{s)
shall be piinted to the right of the name of the candidate'$ own party. Party names of a
candfdate shall be separated by commas ..
https: //en. wikipedia.o<glwikl/Umted_States_pres!dentlalelectlon.Jn_Catlfomia._192B
https: 11en. wiklpedia.oral wikll Prohibition_Party
It Is our hope that our Party constituendes joining together in this way will have several salutary effects,
namely:
> Induce the national Trump Campaign to devote more resources to California seeing a
potential win here;
). Garner more exposure to your and our Parties' principles, positions and aaendas by the
publidty that our cooperation will engender;
> Provide an opportllliity to _cOnduct registration campaigns to attract new vOters- to both our
pa;rties;
>- Point out political value$ shared by two patriotic American political parties.
> Divert Democratk Party and Hillary Campaign rescwrces from other uses;
We hope to have an affirmative response from you very shortly. For our part,. we will proceed on the assumption'
of sue(:~. intending to nominate the same ticket a_nd trusting th~ details will be worked out fil good fatth w1th
ample time to spare.
Sincerely,
JJ!w.i.J~
Mark Seiden~. Chairman oy the S~te Central tommittee of the American: lfl(Sependent Party of CalifOrnia
Faithfully Yours,
Markham Robinson; Chairman of the EkecutiVe Committee of the American Independent Party of Californfa
(AIPCA) and Chairman of tile American Independent Party of These United States (AIPOTI!S)
ExhibitC-2

ALEx PAD1I1AISECR,ETARY OF STATE fSTATE OF CALIFORNIA
ELECTIONS DIVIS OJ-!

. i~OO 11 1h Street, 5111 Floor, Sacramento, CA 95814! Tel9l(),~57.2166j Fn9,16.6533214 twwW.sQS.ca.gov
August 26, 2016
County Clerk/Registrar of Voters {CCIROV) Memorandum #16270
TO: All County Clerks!Registrars of Voters
FROM: Is/ Steven J. Reyes

Chief Counsel
RE: General Election: Ballot Layout Issues
We have reoeiv~ several inquiries regarding the ballot layout for the upcoming
November 8, 2016, Gener<tl Election due to the unusuallY large number of stele
propasillons and as a re.sult of the nomination of Trump/Pence by both the Repubflcan
and American Independent parties as their candidates for President and Vice Pmsident.
As you am aware, the Elections Code contains very specific instructions for ballot layout
(Division 13 of the Elections Code, commencing w~h Section 13000).
While we unde!'l<tand that many counties will need to utilize Elections Code section
13265 and have more than one ballot card, we want to remind you of some essential
Elections Code sections that. must be follow~. The informaflon below Is a summary of
questions mceived and our office's mSPonses.
Can we modify the baiiQt Qrder for the alate end loi:al measures In 1lny way to
savespaee?
No. Elections Code section 13109 provides lhe specific order of offices and measures
on the ballot.
Since the November It, 2016, General. El.ctlon ballot will be so lengthy, cen the
ballot label provided by the Attorney General for the state ballot measures and/or .
the ballot warding describing party lab81s.b8 shortened of removed ail together?
No. Election& Code section 13247 requires that the statement of all measures.
submitted to the voters be abbfeviated on the ballot in a ballot label as proVided In
Elections Code section 9051.
Elections Code section 13206.5 provides the exact language {in quotallons) that must
be included on the ballot for the description of party labels

CCROV 1#16270
A'!9usl26, 2016
Pag&2
Slnc:a l!olh the Republican Party and the An).arlcan Independent Party have
nornmated Donald 1'ruinJi8.nd MlchafiiPene& for Plftl~ and VIce PreSident,
how 11hould the partieS ballsled on the. ballot?

Bectklns .Cod~ sectjon 13105(c) proVides that if any candidate for President of tha
Unitoo States or Vice President Of the Unitad States has receivad the nomination Of any
addlilqnal party, the name Of !lie partY shall bilprinte9 to the righf Of llie name Qf the
candidate's own party, The party ldelrtificatiim after Donald Trump's n~me shall raad as
folloWs: Republican, American Independent.
In the event your voting system does nQ! have the capablll1:y to print "Republican.
American lndapendenf' due to hick of space, the parties may b8 abbrevlatad. On
February 10, 2012, this olllce issUed CCAOV #12059, which providad ~;~uldarice for tfje
imple(llentatjon Of the Top Two Candidates Open Pli(l18ry ACt Of 2010, In 2012, sonia.
counties hoo expressad Concerns aboUt placing all Of !he reCIIJired languaga regarding a
candidate's party preference as required oy Elections Code section 13105(a)(1 ),
CCROV #12059 prollidad !hat. ~ ballot layout capacity necessitates aoorevialing
qualifll!d political party na(I19S, the following: approved aDbreviations could be used:
OEM - Damocratlc
REP - Republican

AI - Americanlndapendent
GRN -Green
LIB -Libertarian
PF -Peace and Freedom
REP, AI - RapUbUcan, A(l18rican lnd8Pendant (for Trump/Pence nominatjon
only)
.P..IIS& !fole: If your county Will be abbrev!ating tfje nominating party of preSidential
candidates, or the party preference of '!ny other candidate on the ballot, the . .. .
abbreviations .!!!.!!!l be used for AU. Pndldat.s In avery contes~ em your ballot:.
Further, if aool'!lvlations are used, you must Include a list which detlneS the
abb(livi~lions in Ycuf sample ballot.
EleCII0na. Code sec.llon 1321 O(b) requires t11a .ballot to state,"Vote tor ona PIIJtY!'
fot candidates for President and Vlca Preslclent. Since two parties have
noinlnalold Donald Trump fOr Prestdflnt, Is lf!ls InstrUction stfll hlquliitd?
Yes: l'he: "Vote fo( One Party" langu;;g& IS pR>vi(lad in quotatjons .in EJ~s. ~
sectjon 1321 O(b) and must be printad on the baiiQt,
Are tha names of tha presidential ellil!>ti>rs priQled on tha ballot?
No, llie Electio~ Code doss not requil'!l the na(I19S of the pl'8$idantialeleotors' to ba
placed. on the ballot. The bello! must lnduda the na(I19S of the candldatastor Ptesldent

and \lice President. . . .
CCROV #16270
Augusl26, 2016
Page3
How Will Presidential and VIce Presidential electors be ..lected when more than
one political party nomlnalas the same candidate?
The Elections Code does nol address the manner in which electors for President and
Vice President of the UnHed !States are selected in situations where more than one
party nominates the same candidate. We will address this Issue If/When appropriate.
'
How should we list the voter instruction and voting question for Proposition 59?
Elections Code sections 13207(d) and 13247 require "Yes" and "No" boxes to be placed
to the right of the title and s~mmary and ballot label. Th& sample provided below, for
illustrative purposes, demon~trates how Proposition 59 might be set in a ballot layout.
Actual ballot layouts may di!fer.
59 CORPORATIONS. f OLITICAL SPENDING. FEDERAL

CONSTITUTIONAL PROT CTIONS. LEGISLATIVE ADVISORY
QUESTION. Asks whether California's elected officials should usc their
authority to propose and ratif)i an amendment to the federal Constitution YES
overturning the United States Supreme Court decision in Citizens United v.
Federal Election Commissi1 Citizens United ruled that laws placing
certain limits on political s ending by corporations and unions are
unconstitutional. Fiscal Imp : No direct fiscal effect on state or local

governments.
Shall California's elected offi:t,'s use all of their constitutional authority,
including, but not limited , proposing and ratifYing one or mure
amendments to the United Staib Constitution, to overturn Citizens United NO
v. Federal Election Commission (2010) 558 U.S. 310, and other applicable
judicial precedents, to allow the full regulation or limitation of campaign
contributions and spending, to rnsure that all citizens, regardless of wealth;
may express their views to one another~ and to make clear that_ corporations
should not have the same cons tutional rights as human beings?
To help ensure voters and ~ndidates are aware of this updated information, we
recommend that: ,
'
Your sample ballot, vote-lby-maD ballots, and poiHng place materials include
infonnation regarding the large number of ballot measures and. Wapplicable, that
your voters wiQ receive two (or more) ballot cards;
Your county's website inc1ude lnfonnation a!>out the large number of !>allot
measures, and, if applic!!ble, that your voters will receiVe two (or more) ballot cards;
and
Poll workers be appropri~tely trained on the large number of ballot measures and, if
applicable, that voters will receive two (or more) baUol cards.
Additionally, our office will include similar infonnation on our website .
Should you have additional questions regarding ballot layout issues, please contact
Jana Lean, Chief of Eltiotlons, at 916-&3-5144 or jana.lean@sos.ce.gov.

THE PETII101'! WITH COMPLAINT
Exhibit C~3

American Independent Party of

. catlfo.-nia
Affiliated with the ~n Independent party

0{
These United stat..
State Central Coromlttee Chalrpe""": Mark Seidenberg

"'""'utive
. Coinmittee
. . .
O>afrpemlr.: Mort<ham Robinson
. .
State fleadquarten:
476.Deoditrast. vaCaville CA 95688
AlP HQ; 707-359-4884
FAXi707222~040
marityilvelligmatl.com
State Flier ID: 742371 August 26, 2016
To: County Registrar of Voters

From: Dr. Mark J. Seidenberg, American Independent Party of California Chairperson
Re: Urgent Questions about the form, .content and handling of the November 8, 2016,
General Election Ballot and the September 9, 2016, Military Ballot Mailing
Dear County Registrar of Voters:

As the secretary of State told you, the American Independent Party of california nominated the
Trump/Pence ticket fOr President and Vice President subsequent to the california Republican Party
nomination of the same. Moreover, we were Informed that all the County Registrars of Voters were
advised to follow Elections COde 13105 (c) Which ~Ires that our party name follow the california
Republican Party name (defined in Elections Code SectiQn 7250) on the Ttunip/Pence ballot line,
separated by a comma, for the california General Election ballot of November 8, 2016.
The American Independent Party of california has eight questions, found beidw, about how the
aforesaid election Will be handled, whose !liO$t recent
precedents were in 19.28 and 19<!0. In those
years the two qualified pQI.itical parties who nominated the same Presidential ticket, S!lttJed on the
same slate of electors for President and VIce President as the other party, These elector slates
submitted by the aforesaid two parties had a tota/overiap, because they were kiehtical
In 2016 our two ~ projected elector slates have a small.overlap of two electors, but might end
up with none, because the Ollifomia RePUblican Party might Object to such an ovenap. The
American Independent Party of california has no objection to any such overlap and in fact is seeking
a total "overlap."
We understand that qualified pQiitiqsl party names appear on california election ballots In several
oontexts. Below we reproduCe tor Your cOnvenience a Code sei;tion that contains the State
Legislature's dictum on the designation by which we are known.
CODE TEXT
ELECTIONS CODE
DIVISION 7. POUTICAL PARTY ORGANIZI'TIOI'I AND CEI'ITRAL COMMmEE ELECTIOI'IS [7000
-7928) . .
Iof2
l Division 7 it1acted by StaJs. 1994, Ch. 920, Sec.. 1.)
8/2612016
PAfiT 4. AMERICAN INDEPIONDENT PARTY (7500 7696}

(Pari/ ef!<ii:tiul by Stqis.lp94, Ch 920. Set. 2.)
. CIJAPii:R 1, Genaa t>rovlslons [75(J(J;, 'l$00.]
(Choptet)eliaqfeabyStats. 1994, Ch. 920. Se~. 2.)
7500.
This part shaJJ apply ta th!l organization, operatjon 1 and functions. of ti'l;lt
political party known ~s the Al!le~lc:iin In<leper11;lent Party; Of CalifOrnia,

(EnactedbyStJts. 1994. Ch.920. Sec.1J
Moreover, we nCltla that the style by Which we are refllrred to throughout the bOdy of Callfomla law
Is "American Independent Pa(ty," That Is the name that our pa(ty wishes to appear in al( official.
references to us fOr the sake of consistency, However, When the conteXt demands the additlon of
the phrase "of CalifOrnia, so that our name appears as "American Inde~dent Pa(ty of California,
our pa(ty finds that an agreeilllfe Vjlr!atlon.
When considering the followillg questions, please keep In mind the three cases of 110 elector slate
overiap, paJtial.slate o~riap, and total slate overlap.
1. We have been told that Counties. have asked the Secretary of state whether they can
abbreviate political pa(ty mimes and were told that If they did, then. they would have to
abbreviate all of ~. Whilt is the statutory' basis for ll~atloil of party names?
2. What will the abbrevi;ltlons be?
3. Will the$e abbreviations be uniform across all counties?
4. Given the fact that ~lections Code Section 13210 states that "the .words 'Vote for One Party'
shall af'P!\ar just below the heading 'President and Vice PRislder\t'," how wlll.thevotas
who.vol:r*for 'l'nUnP/~ ~ which. qualified politk;al p;trty ~ pntl'w, the
Cl!lilbmill! Republican Party or the American :tnck!pen~ "'rty of caJifomla?
5. If~ are - thll!il 55. PI esi~tial and Vice Presiclential eiJII c..,., for the
Trump/Pence ticket, hOW will the maximum 55 sueh be chOAII? WhO wiD do It?
6. Since tWo slates of Presidential electors.wlll have lleen submitted by the tWo partllls il\ the
ordinary course of events, Itvoters ask who the elac:tors are
ticket, what will theY be told?
t'Or""''J'nUnpJPence

7. If voters ask how many electors there are fJlr the Trump/Pence ticket, what Wjll ,they be told'i'
8. Wi1etl must the ballot print master for thit military 1IOt<! mailing.~ 9,
20:1.6, ~ c:Omplel:ecl~ .. .
Thank youJn adVance for your Immediate attentiQn to this Important mat~:er.
Sincerely,
Mark 5eidenberg, Chairper5an of the American Independent Party of California
2of2
--------------- ------

PLAINTIFF'S DECLARATION IN SUPPORT OF THE MEMPRANDUM PF LAW FPR
PLAlNTIFF'S COMBINED RESPONSE TO DEFENDANTS' MOTION T() DISMISS
THE PETITION WITII COMPLAINT
Exhibit C-4

- ,-~-, -----------------
h!!ll Gmail

Ch:ristopher stlunk.<su~nomore@gmalt.com~
~--,-~~-,---,---~. -----~- -:---------

FW: DEFECTIVE CAUFORNIA PRESIDENTIAL CONTEST
2 me-ssageS'
Mark <mark@lniiOIOii>lanner.com> Thu, ~ 20; 2016 a{ 10:59 PM

To: surelyn()m~all.com
Cc: hakohen3@yal1o<>qom, rbttomelas@aol.com, mar1<ya11elll@gmail.com, mark@masterplanner.com
Dear Aide to Robert K. Doman (Known as 81 Bob,
First, my profuse apologies about not knowing your name. Dr. Seidenberg Is io the throes of moving and could not recall
H. We have a clue though. Starts with an s:
Second, my apoJogies for not getting th1s to yOIJ sooner. !learned of Congressman Doman's receptivity to this
infonnaHon and plans to use it when I was on the way to a doctor's appointment, fell asleep on the way back, -and took a
short nap that turOea olll to be 2 hours. Fortified now with my srd mug or Espresso. 1am now ~ckagi!lg tM- current
state of Information for your perusal.
The communications to Senator Moor1$Ch below contains the links to the articles mentioned to you by Or. Seidenberg.
The International_ CQmplaint cover letter contains a fair summSfY of the- situation we face and the dire cons~uences If

the rules are foil~ and lf no remedy'ls imtnedlately forthcoming. -
First California State leg;slator addressed email:
Dear State Senator Moorlach;
l include below the 5 artides/postlngs addressing the si!ui!tiO'! ttl at o~<;u_rr~ after th.;" Amefican
kidependent Party added its nomination of the Trump ~lcket to the RepubliCan Party's..
The SOlution to this problem Is, we believe; a Con_cuo-ent ResOJtition by the California t_eatslat'ute
in.strUcttnB EteCtions OfflcJa_ls to pro_vide a s"upptm_ent'al baUot fOr the use_ of Trump, tt~ke~ vot~~- to
choose Wilich Trump sia~e they !llsh to be tlleir electors for President and Vice Presld<mt of tfle
United States (Electoral CoUese). "
Below flnd the titles of the Articles in ql.lotes immediately folloW<!d by the link to them.
"California Secretary Of State Approves letting Election proc;eed Before Parties Have Chosen

Presidential EleCtOr Candidates" by Richard Winger
http://ballot~accass.orgl2016/08/27/califOmia-secretary-of-state~.approVes-tettlng-election
proceed-befora-partieS.:have-chosen-presidentiaHI~r-candidatesl
..What Happens When Two Political Parties Nominate the Same Candidate for President?.. by
Markham Roj;)in~on
hftp:llivn.us/2016/0~07/happen&-two-pol.it~artles-ryomlnatEK:Siidld,~te-piesldentl
"Wilt Ca~ifomtans Get to Vote for Trump's Electoral Cotlege State(s)?" by Markham Robinson
http://ivn .us/2016109107Jwilk:aiKornians-get-to-vote-for-trumps-electorak:ollege-slatesl
"If Donald Trump Carries Califomia, He Won't Get Catlfornia's Electoral Votes" by Richard Winger
http: //baUot -access.org/2016/10/04/lf.-donatd-trumpcarries -callfomia-he-wont -get~

califomias~lectoral-votes/
"California Secretary of State Accepts 108 DJfferent Presidential Elector Candidates Pledged
to Donatd Trump"' by Richard Winger
http;l/baflot-access.org/2016/1 0/04/californla-secretary-Qf-state--a~pta-1 08-presldentlal-eled:or-

candidatrurpledged:to-donat(i..trumpl
The potential consequences of a failure to address this problem is-whether the Trump ticket wins or not-loss
of the entire Callfomfa Electoral College and their voteS, whether Hillary or Trump wins and, moteover, loss of
the entire Ca!ifomia Congressional delegation according to Section 2 of the Fourteenth Amendment.
Markham Robinson, AlP Secretary
Second legislator addressed email:
Dear State Senator Mool'f~h,
We since learned that the _legislature ie adjqumed currently. Wa are it1 the process of alerting all congressmen
from all parties of the danger they face of losing their offices ~ they !Tlight join us io an appeal to Governor Brown
to calf aspecial session,
Failing this ,~ _m~ shqrtly !ile8k -~' remed!es while v199fOUSly'_ pu~ng ~itlc::B!l ones. VVe do not dt$pute the
eontet'ltlon of the Seatttary of State: tn CC/ROV #16270 that they,laok statutory lnstructidn!i aboUt hoW to ~fy
whi~ EleCtors for President and Vicie Pi'esldent of the United States Or SfateS thetecif the voter$ ri'lf:an when they
mark their choice on tne Trump/Pence lin-e. Voting- tor bOth slates would be an overvote, cei.Uslng the voter's Choice
to be discarded 118 correctly observed by RiOhafd VVin9er of BaJk;rt: ACcess News..

Marld\am Robinson, Am~n lndep'!""ent Party Seaetaly
International Compla,int
Dear lvan Gobarsky_ and Radivoje Grujic;
I apologiz~ for Oot usirig yo_ur p_r:oper Uttes1 but l-am currently only fn receipt of your names and ematts and
function of ihtematio~ar vote m~mitoring especially of the United States.
.I was asked to send you the necessary information forthwith that defines our problem brought on by a dual
11omination ofTrump/Pence by the Caltfomta Republican Party and the American Independent Party of
California,_ no agreement betwe~ them on ~ common slate of Electoral CoUege. electors, and no provision by
the Cal1fomia Stat~ Legislature for deciding on which such electors get a vote when the Trump/Pence ballot
line is voted. , -
Below find copies of emaits sent to a CalifomialeR,islatorwhich contain a brief outline of the' problem and
potential consequences of failure to deal with the problem caused by the Republican Party's failure to
cooperate in foUowing the precedents of 1928 af1;d 1940 in submitting a single slate of Electors for President
and Vice PreSident of the United States to the Caljfomia ~~cretary of State.

Attached herewith are the followfni ttles
1. Questions the AJP posed to 58 Counties about the Dual Nomination for Trump/P~nce.
2. SOS,answers to the questions posed by the Counties to the SOS based we believe on the questjon~ We
posed to them. ,
3. The letter we sent to theCA GOP before the AlP Convention 011 Aug. 13, 2016, proposing a sing:te slate of
such El~ctors fatrty dtvide<l10 to 1 according to our respectiVe registrations. '(50 to 5) for a single slate of 55
~u~h Elector$ to Which Callfo.mfa Is entitled in the "Electoral College: , ,
4. Another set of questions for Counties fonnulated as a Pubtfc ~ecords Request
Here is the link to the qualified' parties tists of nominees of 55 Electors for President and ViCe: Prestdeht of
the United States eacli.submftted to the CA SOS (2 of which ~ pledged to Trump/P~nce) fqund on the SOS
)"ebsite h!tll:Qelact!oDJ&dn.sot.ca.IIOYilllatl!Widli11lel:tlonsaofhlenpraJIJ!JU1!1$uill~f.
Title 3 US CODE Chapter 1 proVides fot ~ppolntment by the_ Callfonli~ State Legjslature Of Ete<::tors fOr
President-and Vice President of the United States should the November 8, 2016fPresidehtiat Contest fail tQ
pfuperl)' seJ~ said ElieCtQrl on the next !1ay; NoYe~;nber-9~ 2016. This reQUires- th~ Gove~or to_ can t~
Legislature back into session slnce-tt is _currently qn ~~$. lf there is a failure tn have a legitimate decision
on these EleCtOrs for President and Vice President iJf the Unite~ States;_ tt)e Fourteentfl Amendment- to the
COnstitution in Its. section 2 p~nallzi!\S t~e St.at~ by reducing Its; Congressional cepresentatlon In the Unit'"!
States'HQiJse of Repre;~tatives proportionate to th~denial in any of severattypes of election~ including m
the firstin:ttM~:e sUcti.Etedors. -
Since the deniAl of a fafr vote in the P_re,idential contest would be of au voters, California woqld lose
acco-rdii'lg to Section 2 Of the Fourtee,ntll.Amendment' ~~~ !lf itS. House representatiOn: The intention of t~IS
provision ofiHis post-CMI War Amendment was not only to make sure freed m;t(e sll!ves of tM age o(
majorjty-Vf9~(d riotbe denied the VQtel but that the practice of the South Carotlna legis(a(ure: of appointing
such Electors for President and Vice -president by its legis~ture rather than its citizen votel'f,_ would not
continue.
If ther:e is no supplemental baUot to allow a true cholce In the November&, 2016 of aU th~ Presidential
tickets and th~ B~tor slates pledged to them, then the legislature may insure that there is an "Beetoral
College" vot for California, but ifth~re is no true choice on November 8,_ 2016, nothing the California State
legislature can do (an do to retain House (ohgressional representation, if the dictates of the Fourteenth
Amendment are followed. If the Legislature fails either to proVide by Concurrent Resolution for a
supplemental ballot to let Trump/Pence ballot line- voters choose ~tween the two party Elector slates (55
in each slate) or by appointing them the day after the November 8, 2016, election, California loses its voice
in the 4 Etectoral College" in the selection of President and Vice Prestdent of the United States.
Markham Robinson
American Independent Party (AJP) of California SEK:retary
Chairman of the American Independent Party (AlP) of Califomla Executive Committee
Chairman of the American Independent Party Of These United States (AIPOTUS)
On behalf of Or. Robert Ornelas, Chairman of ihe American tndependent Party of California and Or. Mark Jerome
Seidenberg, Vice Chairman of the American hidependent party of california
4attKh-
1:1 ~6 GENERAL ELECTION QUESTIONS FOR COUNTY ROVa.pdf
1:116270or.pdf
130K
I!) Proposol of American Independent Party of Cautomla "' CA GOP-docx
169K
!;l 2016 NEW QUESTIONS FOR CouNTY ROVs Oct.pdf
52K
Christopher strunk c:euretynomore@Qmall.com> Frt, Oct 21, 2016 at 4:39 PM

To; "Dr. Jonathan Levy'' <jonlevy@hargray.com>
Ce: donegalhiU@earlhlinl<.net, michael <michaol@mshrimpton.co.uk>
Or. Seidenburg had his office _send thia tO me.
Note thai I haVe Michael Shrimpton helping us to establish contact with the SUltan of Zanzibar as a flanking action that
I will discuss separately
{Quoted texf hkklenJ
http:l/associatlonforsovemignhomerutewithln.orgtindex.html
CHRISTOPHER EARL STRUNK

315 FiatbuOh Avenue -#102 Brooklyn NY 11217
Suretynomore@gmail.com 718-414-3760

PLA!N111ii''S DEC~TION.IN SUPPORT OF THE MEMORANDUM OF LAW FOR
PLAlN"I'IFJ"S CO)\mlNEI) m;:SI'ONSJ; TO DEFii;NDAm'$' .MOTiON TO DISMiss
THE PIITlTIONWITH COMPLAJNT
Exhibit C-5

*"* * ~ Jmlepelldeut.t>arty ***

Aftlliate:d wlth Ameri~ tmtependent Party OfTf!ese United States
State Cha-: Dr. Robert Ornelas
Mfate VI<;<> "IJaflman: or..Mark J .. Seidenberg
~veCo~~ Chairman: Markham RobiMon
Stata Heac;Jquartars
476 Deodata,Sb'oot : VacaVIlle CA 956&8-2637
Phone: 707-359-4884 F;oc: 707-222.-6040
mark.ValleUI@grr!aU,CQ!T! www.aloca.org Party/Committee 1.0. # 74237
October 30,2016
A Petition to the County Registrar of Voters
The American Independent Party hereby petitions the Co~nty Registrar of Voters tl! do the
following:
1. lrnplore the Governor of the State of california to call a special session of the State
l.egislatufl! to resolve the urgent problem of dual party nomination as set out in the August
26, 2016, Advisory Memorandum CC/ROV #16270 by Joint Resolution.
2. Implore all members of the State l.egls~tUfl! Whose districts are in part or whole within
your County to join you in urging upon the Governor such a special session of the
Legislature.
3. Urge the Secretary of State to ask the Governor for such a special Legislative session.
4. After reviewing the material submitted below on the Republican Elector Nominee slate, ask
the Secretary of State to reject their slata submission, (This .Solves the problem of multiple
distinct slates, avoiding the necessity of a special session of the legislature.)
5. Provide a voter information sheet at the polls to all.voters containing the information
contained in Elections Code, Section 13205 (b) Which you were required to put in the
masthead of the Presidential contest on the November 8, 2016, General Election Ballot and
making it abundantly ~lear that "Vote for one party in the masthead means "Vote for one
party slate of electors."
We note that the Secretary of State has failed to provide County Registrars of VOters with any
advisory counseling them that they are reqUired to post the language of Elections Code, Section
13205 (b) in tlie masthead of the Presidential contest portion of the General Election ballot for
2016. This omission in no way abSolves you of the necessity of obeying the requirements of this
section. Your excuse for not following Elections Code, Section 13205 (b) is that the selection
method is obSolete. If you can print the false command "Vote for one party" When that is not
what the voter Is doing, Why can't you tolerate an easily explained imperfection in the
explanatory language of Elections Code, Section 13205 (b)? We find no conceival:lle excuse for
this derellction of the duty to inform the voter of the true natufl! of their choices in the
Presidential contest. The attitl,lde of the Secretary of State. is that the office of "elector for
President and Vlce President of the United States" is not an office, bUt is merely "ceremonial."
The Amerit:an Independent Party finds this position exceedingly offensive and contrary to the
Secretary of State's oath to support and Defend the Constitution of the United States.
Aproper handling of a(l the~ measures and problems are-the American Independent Party
assertscilecessary to the COI)duct of a fair Pri!$1dential electidn. The Secretary of State nas alSo
refused to <omp1ywlth our Public Records Request for an untedatted copy of the Republican
Page 1 of 1~ American lndependentP!UtrTtump!Pence Elector Nominee Sl""'" October 30, 2016
Party's supmissfon of .Electoral College nominees, suppressing thl!ir residential addresses,
.I
!M!c!eSsitatlng.the .llrduous process of researching. them.
Th~ problems wt; eitcountei'ed fn fi(llns In Information 'MUch the :;.K:retary of State refuSed t,Qc
RW~ide us eXJXlsed .niJml!tQUS defects in the Rellublii=an S4f;>m!Sslorl wtllch we list beli!VIi
1.. It haS one ConstitUtionally unqualified member reducl~g the. qUalified 5ubmiisiiln$ ~54, .
one short of the required number.
2. The submitted list attempts to deny ten J!ersdns theit rights as ex officip nominees by not
submitting their names.
3. The qualified names .submitted plus the ten ex officio members not submitted makes the
total 64 members, nlnl! more than are J!ermitted.
4. Many addresses appear to be old, suggesting inadequate vetting of the nominees for a
wlllmgness to fulfill their duties.
5. The presence of unwitting nominees increases the chance of "faithless eleCtors" who
don't vote for the Presidential nominees of the party Which nominated them should they
be called uJ!OO to do so as is required in ~lectfon~ Code, Section 6906.
6. The Republicans missed the OCtober I, 2016, deadline (effectiVely 5:00 P.M. September
30, 2016, since tc1te deadline fell on a Saturday). The Secretary of State extended Wis
statutory (Electioris Code, section 7300) and Republiean Bylaws deadline Without
statutory aUthority. Ironically the reason <~dvanced for providing no solution to two
distinct states Rledged to me Saine Presidential Tic~, was that they lacked statutory
authority.
As a result of aU of these problems, we contend that the entire Republk:an slate of elector
nominees should be. disqualified, Whk:h would solve all of the problems of a dual nomination
With twQ diStinct slates. (A common slate was submitted by two nominating parties' In 1940 and
19Z8. The Republltahs and the To.wnsend Party both npminated Wendell Willkie in 1940, The
Republican Party and the Prohibition Party of California nominated Herbert Hoover In 1928; J
You, the County Registrar of Voters-we conclude-are essentially on your own, abandoned, by
the ~retary of Stata whom .we understand truly has. only an advisory capacity. TI\e Secretary
of State has proven himself unable and It appear$ unw!ltlng tO either com!lla:nd or advi5e'an
ert~tive and prop!!!; <:Ourse of action. Your fridependentcpo.wer to conduct el~ns are
catnmenwrate w!th Y!lur duty to do so fairlY and effettl\iely. A$ fello.w cltiz<ins of tchts State, we
fully expect Y!!U to diligently perl()rtn your duti..S to .con~uct a fair election ar to appeal to
tchose Whose assistance Is necl!ssarv to do so; such as the GOVernor to call a. SPecial~ of
the Lej!Siaturl!, yourleglslatl!rs to UJ'Be the GovernOr tl! .do so, and the Secretary of State to
Ur'8f! asimllar course of action upon we Governor.
!'age 2 of U American Indel?"'ldent Party Tnnnp/Pento llleotor NOl!line<: Sillies

TA.BLE OF REPUBLICAN ELECTOR NOMINEES

L.egenCI:
o- Occupied.
V,. Vacant.
'
C ; Ch"ill'!!an appointed.
P = Party Rules EX Officio.
X = StatutOry Ex Officio.
N = Not reported.
R = Reported.
Q = Qualified Constitutionally.
U =Unqualified Constitutionally.
Categories:
We have. no Indication that the potentiall;lectoral College members reported by the Republican
Chairman to the California Secretary of State were placed in any distinct categories based on
either California Statute or Republican Bylaws. Thus, we found it necessary to the proper
understanding of this submission to understand the categories into which they fit according to
the California Elections Code, Section 7300, and applicable provisions of the Republican Bylaws
(Sections: 1.04(A); 1.04(B); 4.01 ).
The main reason that the matter is so complex Is that both Statute and Bylaws concerning
Republican elector nominees specify ex officio positions. By the Elections. Code, the Republican
Chairman is only required to report the nominees Which he appoints, but is instructed by his
Bylaws to report all of them, including ex officio ones, but he has neglected to indi.cate which is
which or bY What office the ex officio n.ominee enjoys the status of nominee. Thus he has left
this task to others tO be performed Vilthout his assiStance.
The An)erican Independent Party asserts that this duty bel!!ngs properly to the California
Secretary of State. This duty the Secretary of State does not recognize, You know tha~ in his
CC/ROV #16270 he explicitly provided'no resolution to the crucial requirement to provide a
means of choosing between two states of eleetors.when two parties nominate the same
~andtdatE'. The secretary of State al$0 cpntends that the notice to nominee electors required in
Elections Code, Section 6901, is accomplished by simple posting of an adumbrated version of
the Republican submission on their website, rather than by the obViOusly effective means of
sending by U~ mail some adequate fof!ll of notice of nomination to the residential and business
addresses of the nominee electors.
General
The first table immediately below contains aU the members who are "Ex Officio'' In any seri~.
who have their positfori by reason of an off(<;e they hold. The. next table found below contains
those !llembers Who W!1te appOinted pursuant tll the aUthoritY ofthe l{!!pUbljcan Chairman
granted by Calirornia ~e~tjons cadi., seCtiOn 7300, as constrained by the ReP\lblican Bylaws.
After that is a table of th9se Who are "Eld>fficlo'' and unreported by the Repuolica.n Chairman .
Page 3 of 13 A~ can Independent Patty Tromp/Pence !llector )'lorn in; Slates October 30, 2Qt6
The last two tab!~ :;!low va~ant positiQns in the mero~~lp of ~bllcan nominees for
el~toJ:s for Presldenf and VIce President of the United States.
category Tables
(23)
The "OXRQ." categ<>ry above with .18 11\E!robers Is comprised of those who owe their membership
to their offli:e according to O!l!forrli~ E!~tiOos Code, section 7300.
Since members of the above category were rtot.distinguished from appointees by.the Repilblican
Chairman, we must regard them as redUndantly "IIJlpointed," If they shOUld lose their Ex Officio
status, such as Robert Musella did when he resigned from the log Cabin .Republicans as their
Chairman. He thereby also yacated his ex Off"io position as head of a Chartered Republican
g,roup, leaving it permanently unoccupied with no remedy by statute l)r part)t rule, since the
ttme-September 30, 2016-is past for the Republican Chairman to have appointed, within hiS
statutorily granted and bylaws constrained authority, an alternate lor him as a statutory ex
offldo nominee.
The "OPRQ'" category above with 5 members is comprised of those appointed as constrained by
additional "Party Ex Officio" rules contained ill Republican. Bylaws, such as Insurance
Commissioner and senior Republican member ()f th!' State Board of EquallzatiOri This category
also includes those Who possess a "party nominated" eli offido et~r norninee position
according to a definition in the Republican Bylaws of "party nominated, Whose scope Is
entirely limited to those Bylaws and cannot affect the usage of the same phrase in caurornia
ElectiOns Code, Se.ctioo 7300. My constraints in the ~bllcan Bylaws on th.elr. Chairman's
appointment authorftx are only capable of di~tlng the Republican Chairman to exerdSe. his
elector nominee appointment authority to the extent to which he has such statutorily granted
authority.

The Republican Bylaws assert. {falsely) that their rules supersede any provision of the Catlfomla
Constitution Qr Law concerning the definition of "party nOminated" or for spedfying additio~
ex officio positions, While the American Independent Party Is a strong sUPPQrt!!r of the ri~ts of
free politiCal assoCiations (s~h as political parties) to engage in free speech .and det!!rmine
their own ofgi!Oizatlonal rules ancl stiucture,.ln this case the direction of thlimannet <If
appointment of electors for President. arid ViCe President and-'as is netessary and piJlper to that.
process-the manner of nomination o~ candidates for such offm, is the ConstltlJtiqnally
rnan<fated dUty an.il sole prerOgative of the State Legislature as provided In Arti<;le 1.~ Section 1,
Clause l, ofthe Unltecl States Const!Wtlon as ellh!liited below:
~Each State shalhppoint, In s<i<:h ll)anner as the teglslaWr~t t~ m~ direct; a
number Qf el~ril. equal to theWhole number of Senator$ and Represent.l:lve$ to
which th~ State may ~entitled Ill the Conaress:. !nit no $e.l)8tor or Represeiitat(ve, or
person I)Qidlng an office of trust. or l>l'oflt uridi!r the. United States; shall.~ ~pointed an
electOr.'~ -
Therefore, in all matters touchlng ttlEl manner of appointment of su~h ele~tors and nominees for
C..di, til<! Stat<! Ce!lfslature-without any P;irtl~lpatlon of the State Exei:Utlve-,.exerc;lses
comjl(ete poweraver ~uch procedures, ndtw!thstandinB: ~ny pi'O'(Islol\s oftlie rules of any
l;'age .4 of 13 American. lndependent
- Party Trul\l~ence
.
Elector Nominee S!Stes . Ooto&er 30, 2016
private Qr any other public body. If t~e Republican Party wish~ to pargdpate in this process. it
must do ~o ~in the boUnds of the manner pfl!scribed by the california State Legislature,
which Includes a direction to the Rep,ublican ~rty iii Gatifomia Elections Code, Section 73()(), to
implement In Its Republican Party BytaYI$ the provisions of that sectlpn, which inelllde a list of
ex offfcfo Electoral College nomlr\!!E! positions, some of which are characterized as derived from
"party nominated" candidacieS; An actual lawful implementation of California Electlqns Code,
Section 7300; by said BylaWs may not add t() or delete fi"Qm the list of ex offfdo elector
nominees, nor by changing the do1finition of a phrase In its own Bylaws, change the meaning and
effect ofState law.
The breakdown of this category is 4 members d.ue to getting the highest number of votes in the
Top 2 Primacy (or a Statewide offlce in the Republican Party Bylaws and one due to an addition
to the list of Ex Officio generating candidaCies t<> include the Insurance Commissioner. As will
be explained later, the Republican Chairman failed to appoint all the "Party Ex Officio"
members which his own Bylaws Instruct him to do.
tnted. Re rted. Qualified. 31

nted. Reported. Unqualified. 1
32
The "'OCRQ" category above with 31 members is comprised of those persons who were
appointed purely on the authority of the Republican ChWman to appoint additional nominee
electors-only constrained by Constltutionallyspedfied limitations-to bring the number up to
the 55 target nurnber to replace vacant statutory ex officio positions with alternates.
The sole member of the "VCRU" category, Arun Bhumitra, Is Constitutionally unqualified to be a
member, since he enjoys an office of Trust (but not indeed Profit) under the .Government of the
Unite.d States, as confirmed to the American Independent Party by the U.nlted States
Department of Commerce. Although both the Secretary of State and the Republlcan Party
refuse to acknowledge this fact, no Constitutionally oathbound offldal should include him on
any list of potential or actual Electoral College members. See the foliowing Ballot Access News
article on this: bttp:/lballot-access.org/2016/1 0109/califomia-republicanpartyappears-to-have-appointed-
an~ineligible.-Candidate-:f'or..presidentiaf:.elector/.
The proper remedy for the aforesaid problem is Mr. Bhumitra's replacement at. the meeting on
December 19, 2016, according to the provisions of Elections Code Section 6')05. This of course
can take place only if the Trump ticket prevails an<l onlY one ticket (in this case the
Republican's) is ruled bY a court ta have received the v0tes placed next to. the Trump ticket line.
on the ballot: If Mr. Bhoimtra is al(owed to vote, his vote may well be Sllccessfully challenged at
the joint session of the United States Congress which counts the Electoral College votes.
Moll!over, there is a legal precedent indicating that the election of an unqualified person to an
office is no election at all and that~ no election to.an office, there is.nP office to be vacant.
ffehce the California Elections Code, section 690!;, may well be without aUthority to prescribe a
replacement for Mr. Bhumitra, because hfs office is nonexistent,
Two of these <Jn(eporte<l norni.nees in category oxNQ'' are tht heads of chartered Repllblican
Associations_ Another is an Officer of the ailifornia Republican Party. Another is. a Republican
Caucus leader In one of the houses of the t.eglslatl!re; The rest are "party nominated"
Page 5 of 13 American Indep~ndent Party Tnnnp/Pence Elector Nominee Slates Octo!>et 30, 2016
can.didates for state-Wide office In 201p, the last year In which such offices were "Pl!rty
rnlmlnal!!d".ln the sense Of the pi'OVISiolls of Callfornla Elections code, Section 7300.
Unreported
.
Vacant Positions (9).
!?arty EX Offlclo !61 .
.
.
VPNQ ~-=;Jarty ex Offlcfo. Not reported.
VPHU Vllcant:. Party. ex officio, Not reported.

s'

1
UllCiuellfled,
6
The two categories above, "VPNQ." and "VPNU'' refer to RepubUean Bylaws mandated ex
offlcios, whO were appointable by the Republican Chairman. He failed to appoillt ttiese
llll!mbers, improperly for five of th~ who are ConstitutionallY eUglllle, and properly for the
one who is Constftiltionally unqualified. These potential nominee positions are only "vacant in
the estimatiOn of the Republican Bylaws, which entitled ~ potential nominees to
appointment by the tuleS of the Repllblican Party and not by State lilw. While having no legal
grounds to assert a right to such a position as a nominee, they have clear grounds internal to
the Republican Party to complilin of their mistreat111ent.
The two categories above, "VXNQ'' and "VXNU" refer to "party nominated" candidates for
state:wide offf~;e In 2010, the lilst year Inwhich such offices were party nominated~ in the
sense of the provisions Of California Elections code, Section 1300. Two of theSe positions are
vacant due tC) I'I!Slgt~atlon from office, one from a Republican Party ()ftlce and one as the flead
of a Republican Party chartered assoclatlon. The one "VXNU" office Is vacant by reason: of the
qtherwtse elfgll;lle potential nominee holding Congressional office; an office .of Trust arid Profit
under the United. States.
Page 6 ofl:J American tn<IOpOndent Party Trump/Pence Electot Nominee Slates OctQbel: 30, 2Ql5
Tbe Republican Nominees to the Electoral College

, First Last
CAT ~~}:
OCRQ Nonlt

I"''"Y" 8811!8 IJGIl NOne
OCRQ None
~ r (Singh) OCRQ None
Chi,.',(Anne) OCRQ NOne

; #4338
, CAl address?) or Shopping Cen!er. I 91301

Walsenburg. CO 5737 Kanan Rd,
.., 520 81089 Postal Annex+
mail
..ron.
not
'95677.
Paie 1 of 13 American Independent Party T!Junp/Pen !llector Nominee Slates Qtober 30, 2016
I BLVD
"7
CA"476or
REDWOOD CITY,
STESOl CA94065
~~~<Omayw()Odc
1 Av. i Fresno,
1 Ron I Gold I OI'RQ
Paey Trump/Pence ElectorNomillee Slates. OCtobef 30i20I6

Ron! I UPRQ ::.,_ VJeWRd it"!~~!. .

11120Zl
.vy!
. Ul<NU
;-
RepUblican
-,
s(CCR)
n
steve cooley VA""
. '"'"' ,,. STE 91002.: ~~~ CA
:::inee '~~19 .Hills, CA 90274
Demon (Jerel
oxNQ
of State ~ or long Beach, CA
1
Dunn
Carly Fiorino OXNQ
1ii."..
Nominee
r ~~- Blvd Unk
I 915 L_ST ~TE C378
or 112,01 Gunston
90802
958140r lono~.CA
2010 Rdot28545 VA 22079 or los
~c:
Matadero Creek ln
<;uerra .oxRQ
CAGOP ;882or
(;":'i;.i4
-A Ann OXNQ ~PacySt ,CA 91321
IKelly
j
congress
of
I OXNQ
Governor
Nominee
2010
Chad. I OXNQ
or Sacramento. CA
leader 95814
I OXRQ .
1carlo 1 oxRQ I ~pun~.. I Ct 94109
----~L-~~~~~--_L_ _ _ __ L_ _ _ _ _ _L __ _ _ _~
Pase !I o13 American Independent Party Trump/Pence Elector Nominee SlateS Oct<lbe!: 30, 2016
I Dlillklll
[oxRQ~ . 1;;,09
. r,CA 1117 L#700
1~108'
~CA
I OXRQ
I 'J'l""""'" 1128~ :~~~,. CA
.
IUXKQ ~ ~CA 19704 ~

:.~: I OXRQ
!!.
::mbly
I
J9911 ~
11 ' CA95626- 19971
aDr lOSS
1::~
I OXRQ ~
1106
I:~~-
.. I OXRq ~ir, I IrVIne.
Avo.
I Irvine
I OXRQ IFederation Lake Dr 9344&

,,CA
of
I~ I OXRQ
Cha~an's ~
... J-1924 I ... u~
IR>~elr
"steel
IUXKQ
I OXRQ ~ .;A
committe&
o270
~~~=-
"'
I~llfn~~~00274
210
ParllloaJ.Sulbi 260
..,,
..
man
I UXRQ
~ I.,.,._,....,..
9121.4
o;CA.
1 s~-561!
' ..... .
. IO~RQ ~-
;p I:;;::~;;.~. ~.
I 167$
lv.t.. Central, . . 9~
1 Elissa IOXRQ. o;CA

......y
' ..... ~ -~ . ..
~- ~f,CA
~
,~ .. IUXKQ . . ' c~.Illor
1~::. ~~~- . i"D.t
~~~! lates
~"!
Page to oft3 Part)! Octo~ 30, 2Ql6

SUite 300
95818-3954 or PMB 25
lancaster, CA
93536
Peterson
IH
95667
Nominee DRI150
2010
Page 11 of 13 American Independent Parly Trump/Pence Electnr Nominee Slates Ootober30,2016

-- .. ----~- -- ----------------
2016 TABLE OF AMERICAN INDEPENDENT ELECTORNOMNEES

This list Is generated by the Alnerltan Independent Party't Convention according to Elections
Code, Section 7578. It does nQt. fncllll!e the business a9cf~ qf the elector,noml~s as they
are not required by the Elections Code, for our party. There are no ex officio nominees, so it Is
possible to get a promise of being' a faithful elector befonfnomfnating them. AU of nominees on
this list have promised to vote for tile Trump/Pence Ticket either verbally or In writing.
Page 1l of 13 AIJIQij""" Independent PartyTrumpiPeru:e Elector N9tllinee Slatos ()c(ober 30, 2016
Alternates
Elector Name Street Address Ctty State Zip PNP Elector
Robert Drobot 190 Sylvia Avenue, Milpitas, CA 95035 DrobotRobert
Reuben LaBarga 471 Deodara SL Vacavtlle, CA 95688 Reuben
B)""il Price 20702 El Toro Rd., Apt 222 Lake Forest, CA Price, Byri1
92630
AlaneQuien 134 South Parsons Ave., Apt Mert:ed CA 95341 Quien, Alane
A.
Catherine Stachowiak 341 0 Regatta Place Oxnard, CA 93035 Stachowiak, Catherine
Thomas A. Stachowiak 3410 Regatta Place Oxnard, CA 93035 Stachowiak, Thomas

1 A.
TreesWowor 23495 Via San Miguel Aliso Viejo, CA Wowor, Trees
92656
Or. Robert Clme!as

Chairman of the American Independent i!artv of callfoma
Dr. Mark Seidenberg

Vice Chairman of the American Independent Party of california
Page 13 of 13 American Independent Party Trump/Pence Elector Nominee Slates Oetober 30, 2016
~-~--~~~~~~-~--~

Exhibit D-1

AmeriQln Independent Pi!rtv of

CalifOrnia
AmHate<! wltll tlie Amertca~ Independent Party

Of .
These United' States
State Central Committee CHairman: Robert Omelas.

Vice thairm~n: , Mark Seidenbef1
ExecutiVe Committee Chairman: Milrkham Robinson
State Headquarters:
476 Deodara St. VacaVille CA 95688
AlP HQ: 707159-4884 State Aler ID! 742371
FAX: 707222-6040
markyavelUg.maU.com
To: County Registrar of Voters October 7, 2016
From: Dr. RObert Ornelas, American Independent Party of california Chairman
Re: A PubrJC Records Request about the Nov~ber 8, 2Q19, General Election Electors f!ll'
President and Vice President of the United States, especially as regards voter rights to see
the list(s) of said Electors and about the ballot masthead contents for the Presidential
contest
Dear County Registrar of Voters:
It has been the experience of the American Independent Party that very few Counties ever even
acknowledge the receipt of questions by our party concerning elections matters, or respond to them
111 any manner. Therefore, our party has determined in this Important instance that we will put
these queslioris in the form of l! public reCords BlQUest.
First, some obServations.
All the qualified parties' nominees of Electors for President and Vice President of the United States
have been accept&! by the talifor'nia Secretary of State as of October 3, 2016, before 5:00 P.M. and
they have been posted on the Secre;tary of State's ElectiOns Division website.
In CC/ROV #16270 General Election: Ballot layout ISsues, the following question was raised and
"ansWered:"
How will Presidential and Vice Presidential electors be selec:ted when more than one
political p;trty nominates the~me candidate?
The Elections Code does not address the mamer In WhiCh electors for President and Vice
President of the United states are selected In sitUations where more than one paity nominates
the same candidate. We will ;~d,dress this~~ lfjwhfin ;~ppr11pr111te. [Emphasis Added]
NOW IS THE APPROPRIATE llME TO ADDRE$5 THI5 QUESllON, This publk; I'!K:Qrds request
ls part of our many-jm,nged effort tO get this disaster In the making appropriately resolved.
' ' ' '
It seems rather obvious that you can't select "electors for PreSident and VIce President~ the united
Sta~," if you can't figure out now ("the manner ln"Whieh1 to let the voters dO it: And why 1s this
Page 1 of3 County Regislrars ofYoleni ;October2016

imjlOl'lant? Well, ~U$ ,cpnsequei1Ce; will ensue If tlle 11)ptter is not properly resolved by ek:ctions
oflldall;, tl\eS!i!te ~ arn:J the~ legi$1atu':1' , , , ,
If voters al'il de!li!!(i ;ll1 effllctlve dlolc;e In any .ballot line for the. Presldimtlal oonteSt, Silch as tlle
Ti1J111p~ bl!lipf l[ne, l!lls. w!ll !;<it$ tl\e illl/Oti!tion ofsection 2 of Attlcle14, An!enilrrients to the
United StateS COhStltlltiOtt; which dll!llnlsheS State' CO l'l!Sslonat . , . tat1orr in ,. rtion to
sudi adenlitl. !f !he Stllte t:!i9!1itu~ JS ~ tO makl!itJch a sel;wl\iaf llle:C..n
Independent PartY contends WJII ~.me case whlChe\let ticket gets the most votes; tllen the entire
California t;on!J/'fJ?SIOJia/ deletJatlOII WIU lose their oftlef!S. ,
Moreover, an Invalid Presidential cOntest, absent appoinfln!!'lt of the aforesaid Elettors by the State
Legislature lit accord Wltll.Title 3, US CODE, Chapter 1, Will Jose Callfortlill ,liS YOte In tlle Electoral
COllege for tlie 2016 ek:ction. ,
Questi~s AbOut the Handling of the Presidential. Contest by the
County Registnir of Vo~rs, the Content$ of the Ballot, and Voter
Rights
If~ ask how many electors thllre a~ for tile Trump/Penc;e tld<et, wflat will
:1..
they be told?
2. lfvoters ask to see the list of, electors for the Trump/Pence ticket, will they be
shoWn anyt:hll\g and If so what?
3. lf voters ask t:ti see the Jist of eledors for any other ticket than Trump/Pence, will
they be slrqwn anythl!l9 and. If so what?
4. If vob!is wiH be shown an Eledoral Col
list (01' lists) fOr a tldlet. what will they
be sflown-.:.a list of names only or perhaps a list of names with reaidence
s.
addresses assubmitl:e!l by the party (01' parties) to the Sea etary of State?
For the"''rump/Pence Ticket. will the Eledoral College list be a sl119le list or two
el
lists, one for eaCh p;lrty whldl'. Rominated it?
&, For theTrufnp/Puce ~will any overlaps ~~etw,ee.n party Slates be I~
on the Ust or listS of Electoral Coll1!!18 nominees $h0wn the voters UJIQII request?
' ' ' ' " ' ' ' ' " '
? For the Trump/Pence Ticket. hOw Will the edstence of ovel'laps be ~nCibtell?
8. By what authority- yo~o~r County disregard the pi'Ol!ililin$ of the. Election$ Code
section lle(cjw c:onCemi119\Vbat is to be placed i.n the IOIIsth8ad Of tile ~al
In
oont:eSt th'e Genioral elec:Uon of Novembe~ a, 2016?
EtOctiono Code sectlon 13205. Addlllonallns)~WIIons to v..Wrs s!\1111 appoll!" on lhe ballot p-lo
those J>rovkled for ill sGclion 13204 under the foiiOWIIIIJ conilltlona' . . . . . . . ..
(b) In e l - wb..,.otectors ofPresklent and V~ P~dentof the Unitl!d-s are to be
c!IO$en, Iller. shari be piacali 'u~n tile bal.loi. In llfjdjtk>ll to lhe lnsjrUCtions .14 V018111 u provkfed In
this chaptsr, an tns~9uon 191~:
"l'o vote for all ofthe elaclDra of a party, stamp_ BCf'08S (+) .Tn,llle oqu.are oppoofte lhe momea of the
prestdendalarid vice Pf'$sklenllal candidates oflhatpa~. A'ci'OU () stamll'id '" Ill square.
oppoolia Ilia _n...,eof a ~Oil 111\d Its pl-esideriilai.nd vice Pr88k~entiatC8!1-; Is v..W fOr all of
Ill~ 'lectors o!Utat party, bo,ltfor no other oandldatl!!o.
!J, .What Is theiilst:l1'i!:ati0 usat by vc>~o~r Coutlty, to fOllow the .,rovlsi9RS of the
Eiectlons code section d' layed' beiQW tO: place the ralt81nStruc:tiDn "Vote fOr
llile pa~rty" Wilen" that)ifdearty i'alt8 a!ld misteadl!l9, .-naii in filet It Is a slate of
eledll!is of II pa1rty that the VOter IS vot1119 for?
COunty RegiStrars ofVoten
.
7.October~!~
,..,..-----------~- I

Elecllons Cod Section 13210.
(b) In the cas.e of cen<IJd-IQr !'resident ancl VIce P!""iclenl, 111'! Worcls "V'!'e for One Party"
1/lc

shall appear just balow !lie ~Oiidlng "President and President" anC~ shall be printed socle li!
appear aboVe !lie voting aguaresfor- olllce, The hOI!dlng ~e~~tend VIC P..,.ldent shan
be printed In boldface't~-polnl gothic typ<i, and shall be ceniA>i-od - the.nemeti of the
. C~tndkfates. _ ' '
10. one lluriilrecl ancl elgllt (108) Elector nominees pledged tcHhe TI'UIIIp ticket !lave
becln licxepr;ed by the Secretary of State, 55 from the Republicans ancl55 from
tile American Inclepelldent Party. with an o;werlap of :z, giving a total of 108
unique indiViduals. Ho.w will your County count votes for each such Elector?
11. If there are more thllll 55 Presidential and Vice Presidential electors for the
Trump/Pence ticket, !low will the milldmum 55 such be Chosen? W1lo will do It:
the voter, the Secretary of State, the County RegiStrar Qf Voters, the california
Legislature, the C8Ufornia Courts, the fclderal Courts, or the Joint Session of
Congress which counts Electoral College votes or someone else?
This Public RecOrds request should include all polity statements applicable to or generated by or
communicated to your County or from it regarding the matters raised in the above questions, all
exchanges between your Cotlnty concerning them with other Counties or State officials or any other
matelials relevant to these questiOns.
Please notify our Headquarters when the response to this public records request is available or
contact our Heqdquarters if you have any questions regarding this request. When your response Is
available, we will make arrangements with you to receive them and to pay applicable fees.
Sincerely,

Robert Ornelas, Chairman of the American Independent Party of California
Omnty Regist111rs ofVotero-

ExhibitD-2

* ** American IJpeadenl Puty

Affiliated witb American
***
lnde;~ent Party Of These United States
State Chairman: Dr. Robert Ornelas
state VIce Chairman: I Dr. Mark J. 5eidenberg
Executive Committee Cllalrmani Markham Robinson
. '
S - Headqu-rs
476 Deodara S-t Vacavlllel CA 95688-2637 Party/Committee 1.0.174237
Phone: 707--359-4884 Fax: 707-222-6040
markyavelll@lgmail.com www.aipca.org
October 27, 2016
To: Govemor Jerry Brown

Attn: Constituent Affairs
Subject: Request for Special Ses~ion of California State legislature
Sent to Fax.#: 916-558-3160
Dear Governor Brown:

1
We called your office recently to request that the Governor of california call a special session of the
State legislature to address the ~uestion raised in the Secretary of State's August 26, 2016, COunty
Clerk/Registrar of Voters (CC/ROY) Memorandum #16270 "How will Presidential and Vice Presidential
electors be selected when tnore !t"n one political party nominates the sama candldate?"
'
The Secretary of State's answer ~nd advice to all 58 California Counties' Registrars of Voters to the
foregoing question is as quoted ~low:
"The Elections Code_, not addtess the manner In which electors for President and Vice
President of the United $tates are selected In situations where more tllan one party
nominates the same canifidate. We will address this Issue if/when appropriate.'
Please consider the Constitution~!' mandate In Article II Section 1, Clause 2 in the United States
Constitution,
"Each State shall appotntr In such manner as the legislature thereof may direct [Emphasis
added], a number of eleci:ors, equal to the whole number of Senators and Representatives to
which the State may be eptitled In the Congre$$: but no Senator or Representative, or person
holding an office of trust ~r profit under the United States, shall be appointed an electort
Given this clear mandate, the Amfrican Independent Party of california believes that the california State
Legislature is the body mandated 'o "address the Issue" and that the appropriate time Is now, by a Joint
ResolutiOn of the Califo(nia State legislature in a special session called by the Governor of CaPfornia
Page 1 of2 Governor Jerry Brown October 27, 2016

we were Informed by your office tb~ last Monday (October 24, 2016) that the Governor will not call
such a special Joint Session oftbelqlslature to pass a Joint Resolution dliecting a manner of dealing
Wltb the .issUe raised by CC/ROV lll.6270.
We respectfultv _request that your office oonfirm our understanding of thls.lnfonn~Jon by return fax to

707-222-6040, or by email to the American Independent Party Keadquarters email,
markvavelll@gmait.wm.
Faithfully you,.,
Robert Ornelas, Chainnan of the American Independent Party of C.llfomla
Mali< Seidenberg, Vice Olatrman of the American lndeperxlent Party of california
Governor Jerry Brown October 27, 2016

PLAINTIFFS DECLARaTION IN S.UPPOR'l' OF TilE )lfJ<MQIUNDUM OF LAW FOR

PLAINTIFF'S CO~~t:~~E~:.~~MOTIONTODISMISS
Exhibit D-3
,.
** * Allilrkla~Party ***
Affiliated wfthAtnetiam lndepen,dentParty Of These United States
l!tiot& .Cheirmlln: Oi. Robe~ Om. .
State~ C!)~lltnan: . Or.f\l;lrK J. 5eidenberg
lll\eCUliVe. CQIJlmitlee Chalr!n"';. Ma!1d!8ril Rol>inoon
Stata Ji~dqiJ!II'IeiS
476 .Oeodata Str1!1tt VacaVille . CA'
Phono;707~84
maOOi~lli@gmaitcom
~1;6!!8-<637
F~707~Nl040
www.aijjca.om

November 7, 2016
DEMAND LmER TO THE CALIFORNIA SECRETARY O.F STATE

Demand 1
The American Independent Party herebx demands that you, the California Secretary of State,
tell. us and the vott~rs .at large, how you will apply votes for the Trump/Pence ticket selection to
the Alllerican lndePt~nden~ .and R~~publican party slates of electors for President andVice
President of the United States for the General Election of NoVember 8, 2016.
In particular, when a voter sftects the Trump/Pence ticket Une, to V(hich slate-the R~~pubUcan
or AllleriCan Independent-wilt that selection be tallied-to neither slate, to both, just to the
Republican F'arty's slate, or just to the American Independent Party's slate71f to neither, will
you .count that as a zero vote or just leave the Trump/PenCE! tally btank as not C<lUntecf! Or take
some other action?
Let us remind you of your own words in your August 26, 2Q16, County Clerk/Registrar of Voters
(CC/ROV) Memorandum #16270 "How wilt Presldentitl ilnd Vk:e Presidentfalell!i:tors be selected
when more than one political f)arty nominates the same candidate?"
Your answer and advice to ~~~58 California Counties' Registrars of Voters to the fur~going question is
as quoted below:
"The Elections Code <toes not address the manner In which e~ for: Pres.ident and VIce
Preslden~ of theUnited States are seliicted In situations where more than one ~
nomll'lates the same Cilricltdate. We wtll address. this Issue If/when appJ:OPrlate," .
The Alllerlcan'lndependent P8rt}tfnitally Interested in how this selection of !llectors fo~
President and vtc:i. Presid!!rit of the United States will occur or can even pO,sslbly occur; By
fQeuslng, on the nature, method, alid reporting of thHount, we llope to Ullderstand' this.
A-. to the appropriate time to addrE!$5 this Issue, It was when the question was rals.ed to the
secretary. of State by the Counties; promptl!d, we believe). by our interrQgatory to them just
p~;~Qr to the AUgust 26, 2016, is$1Janci;! of CclROY #16270, when yolt clefined and admltu!ci the
problem, but dfdncit resqlve it. All we can do now, just before Hovember 8, 2016; i~ to ask liow
your "selel:tion method". V(orks, what tt will count, lind hoW you will apply said coQn.ts tovour
fePQrtS of itje. VOte in.;\Udlng the ascertainment of the VOtes Of!llhlates; OOt.just the Wlnnjog .
ooo:' yOu o'iie. .to. the Governor gf the Sta~ for cert!fi~tion to the United S~~ ArchiVIst.
acc:Ording: to titlli 3 us CODE Cl!apter 1 Section 6. But If there Is 1lO effedlve selection metlio<!
for electOI'$ fdr President and Vlce President of the United States, we as~ yoo and the AtmiTiey
General, isn't this an "tll~ry choice" for the voters? . .. . . .
Page 1Qf6 AmeriClllllh~dentParty Demand~ . .. 2016
November?, .
Demand l
The unresolv~ problem posed py two distinct slates could have been resolved in advance by
the submission of a comlllOn slate by the two qualified political parties nominating the same
Presidential!VIce Presidential ticket. Another way to have avoided the problems posed by a
dual party nomination tor President Is for only one party to have submitted submit such a slate,
but, lri fact, tWo parties submip:ed such a slate. The American Independent Party, under color .
of statutory authority, has appf>inted nominees for "electors for President and Vice President of
the United States." :
!
We submitted the proper numt\er, fifty-five (55), nominees qualified to be "electors for
President and Vice President Of the United States." The California Republican Party submitted a
list of "electors for President . d Vice President of the United States" which should have been
done In accordance with Electi s Code, Section 7300. (The corresponding section for the
California Democratic Party is lections Code, Section 7100.) About half of the Republican
electors are ex officio and the ther half are appointed by their Chairman, plus any appointed
by him to fill vacancies in the x officio positions.
The American Independent Pa of California demands that the California Republican Party's
submission of "electors for P ident and Vice President of the United States" be rejected for
the following four reasons and at our slate of nominees for "electors for President and Vice
President of the United States be the only slate of such nominees accepted for the November
8, 2016, General Election Pres entiat Contest:
1. Elections Code, Sect 7300, governing their submission has the California Republican
Party entitled to "el tors for President and Vice President of the United States" by
ex officio provisions d by their Chairman's appointment. Since they are not

nominees, they cann .t participate as candidates in an election. A similar assertion
applies to the Califo Ia Democratic Party submission of its "designees" for "electors
for President and Vice President of the United States." They too already have office
as "electors for Pres1 nt and Vice President of the United States"by the language of
Section 7100, so the too are not nominees. Since the minor qUalified parties, ours
included, have mere minees, they are qualified to compete for the office of
"electors for Preside t and Vice President of the United States" in the General
Election of 2016 in C lifornia.
2. Whatever office, el tors or nominee electors, the submission of the California
Republican Party ish ld to be, it was submitted after the statutory deadline (October
1, 2016, falling on a turday) and hence must be rejected by your office. Since
saturday fs neither a Sunday nor a holiday, the rule for submission deadlines is the
first working day bef re the deadline, September 30, 2016, at 5:00P.M. Moreover,
the California Repub an Party's Bylaws also specify October 1 of the Presidential
Election Year as the ~eadltne for submission of "electors for President and Vice
President of the Uni States," which In fact they must do, because California
Elections Code, Sect 7300, mandates the California Republican Party implement its
provisions in their p y Bylaws and In this regard at !east so they have done.
You, Secretary Pallil! , for your part exceeded your statutory authority by the act of
arbitrarily (or as a faVor), extending the deadline beyond October 1, 2016, for the
California Republfcar. Party's submission of their "electors for President and Vice
President of the Unit State<."
Pagelof6 American dependent Party Demand Letter November 7, 2016

Despite the calftornfa Republican Party's defiant assertions. in their Bylaws of said
Bylaws superiority to the california Constitution and all State statutes, In this case
the California Legislature has a United States Constitution mandated duty (and power)
to appoint electors. for President and VIce President of the united States" and to
diri/Ct the m0111ner of doing $0. Therefore at least in this instance, the RepuDiican
Party has no choice despite their undisputed status as a "free politbl assoclatlon,
but to comply with the State Legislature's dlctat In thiS regard, that Is; If theY wiSh to
participate )n the electoral process that results In the appointment of electors for
President al1d VIce President of the united States.
3. The submission of fifty five (55) putative "electors fOr President and Vice President of
the United States" included one Arun Bhumitra, who, In addition to his many other
accomplishments, Is a member of a Commerce department organization to which he
was appointed by the United States Senate al'ld which the Commerce Department
assures us is an office of trust but not profit under the United States and hence falls
under the ConStitutional exclusion of all who enjoy an office of trust or profit under
the United States at the time of their appointment, election, or exercise of the office
of "elector for President and Vice President of the United States." He is a member of
the Industry Trade Advisory Committee, whiCh Is part of the International Trade
Administration within the U.S. Department of Commerce.
~- The California Republican Party's submission of fifty,four (54) Constitutionally
qualified "electors for President and Vice President of .the United States" is missing
ten (10) ex offfdo "electors fOr President and VIce President of the United States.
These ten (10) lndfviduals have all been deprived of their right to be a Califomia
Republican Party "elector for President and VIce President of the United States." The
Republican Chairman has appointed ten (10) more "electors for President and Vice
President of the United States" than he was entitled to because of an illegitimate
provision In the CalifQrnia Republican Party's Bylaws that attempts to modify the
meaning and effect of a provision for ex officio "electors for President and Vice
President of the United States in California Elections Code, Section 7300, which the
californian Republican Party was mandated by this very section to Implement, not
subvert, contradict, modify or add to its prbvlsiohsl The attempted modification Is by
means of a 0ew definition 'If party nominated" (State) offices in the first section of
the California Republican Patty Bylaws. The sensible definition "highest vote getter In
the TopTwo Primary" was properly incorporated In a statutory modification of
California Elections Code, Section 7100, for the Democratic Party. That's how It's
done legally.
Since there are really ten additional ex officio "electors for President and Vice
President of the United States" In the California Republican Party's stable of electors
for President and Vice President of the United States," that brings their total to sixty
four (64), ten (10) more than .the fifty-four (54) Constitutionally qualified "electors
for Pri!$ideni: and Vice President of the United States" that theY subrnitted.
If you, Secretary Padilla, or yaur subordinates had carefully read California Elections
Code, section 7300, you would have 110t1ced that thEt Chairman of the califOrnia .
Republican Party was only obllged to submit to yoll those "eti/Ctors for President and
Vice President of the United States" which he had appointed. The rest, the ell officio
"el~ors f9r President and Vk:e President of the United States, are your .
responsibility to ascertain. The help of the Calffomia Republican Party to fdl!ntlfy
Page3of6 American Independent Party Demand Letter November 7, 2016
their ex officio "electors for President and V!ce Presiderit of the United States" is al1d
would be in the future a great help to your office, but I& bY no means obligatory .
At, a consequence of this overage of "electors for President and Vice Presldeht.of the
United States" for the (:aliforn!a l!epublfcan Party for the 2016 General Election, any
vote for the Ca(ifornla Republican Party's slate or "electarsfor President and Vice
President of the United States" (assuming contrary' to fact, that they are entitled to
participation In the Presidential contest In the 2016 General Election) would be an
overvote and would of necessity be discarded since there are only 55 "etectors for
President ahd Vice President of the United States" to which California Is entitled In Its
Electoral College representation and their "electors for President and Vice President
of the United States" number sixty-four (64).
The Republicans failed to report six (6) statutory ex officio Electoral College party
nominees, two (2) heads of RepublicanChertered groups, one (1) California
Republfcan Party official, and one (1) party legislative leader, all entitled to an
Electoral College nominee positiOn according to <;alifornia Elections Code, Section
7300.
There are seven (7) State wide positions for which nominations or elections in a party-
nominated position correspond to ex officio positions for said electOrs. One of these,
the 2010 State.Treasurer position, was won by Mini! Walters, but was appropriat!!ly
omitted because she is a Congressman and not entitled to be on the Electoral College
for that reason.
The six (6) other party nominated, omitted Electoral College nominees are all from
toe 2010 election Which was the last election at which there were party nominated
State wide candidates, since after t!lat the Top Two Primary State Constitutional
amendment took effect, making all such State wide offices, voter nominated.
The. Republicans in their Bylaws defiantly assert that they are not su!>ject to
California statutory taw or Constitution in their rules for these ex officio positions for
Electoral College nominees. They alSo add two "ex officio" positions not included in
the Elections Code, Section 7300, which actually governs these matters.
The six (6) persons deprived of their rights to be CaUfornia Republican Party ex offfcio
"electors for President and Vice President of the United States" are the following:
Steve Cooley, Attorney General, 2010 Republican Nominee
DOll) on. Dunn, Secretary of sta~. 2Q1 0 Republican Nominee
Carty Florina, Us Senate, 2010 Republican lolominee
Abel Maldonado, Lieutenant Governor, 2010 Republican Nominee
:rony Strickland, Contrptler, 2010 Republican Nominee
Meg Whitman, Governor, 2010 Republican Nominee
Moreover, there are 4 more omissions, namely the following:
Two heads of RepuptfcanChartered groups: Ivy Allen, California Coll!!Qe Republicans
Chairwoman, and Patty Kelly, California Congress of Republicans PreSident
Page4of6
The Assembly Republfcan Leader, Chad Mayes and
American Independent P!II'IY Demand L<;tter Nqv..,ber 1, 2016

1'l1l!c ~llfomfa Republican Party rreasurer, Marlo: A.. Guerra.
Oernandl
The .AA~er!c~nlndependent Party of Calffomfa demands that you, Alex Padilla, alffomla
secretary ofState,ln detail ~ll us how )'OU will fulfill your d\ltY .In tt\e california Electioos Code
exp~d iii calffOrofa flectlohs Code, section 15505 (foilttd below fotyour conviml<mce), til
"certify. the names of .the Pr!lper nUmber of persons having the highest number of votes, thnsl!

"persOnS" of course being "P~I!Sidi!OJial eteet!lr's?"
tlote that you must notify with a cel"tlflcata of election" those l!lected as "presidential
eleet!lrs. "If yqu had performed your dUty to notify nominees for the office of "presiilential
etec.tor which yoU unaccountably contand are not Offices at all or disgracefully to your
Constitutional oath, contend are "merely ceremonial," then you would know whether the
submittad addresses were accurate. Yet here they are, elected as "presidential electors!" They
have duties to do and wt(l be paid the princely sum of $10 for it.
Page5of6. Ame!'icim Independent Parjy Demand Letter

It contains the votes l!y slate and a list of all of the.~bers or said slat!!s. So finally yqu may no.
longer evade the question of hOw many votes our American Independent Party and the California
Republican Party slates received if yqu are to properly serve the GQv<!mor of talifomia in this matter;
~s yau indeedyqu must. This "Certificate" also contains for each slate the names of candidates for
President and Vice President of the United States to which the electors were pledged.
You maY wond<!r why we migl\t,have to some extent gone over the. ground already covered in
"~and j" fn this demand. As.wellas the greater detail we went into.inthis demand for detailed .
information from yau, it Will probebly have 5unk in by now how much easier this analysis will be 1( yqu
accede toour "Demand 2" as indeed we believe you should and must.
The American Independent Party's Right to Make These Demands

The American Independent Party, under the color of statutory authority, has appointed fifty
five (55) nominees for "electors for President and Vice President of the United States."
Both the American Independent Party and its nominees for "electors for President and Vice
President of the United States" have a palpable interest in the proper working of the electoral
process for the 2016 talifomia General Election Presidential contest and a particular interest in
avoiding voter suppression due to an increasingly wide-spread realization by would be voters for
the Trump/Pence ticket that their vote may well be ineffective because of fatal and unresolved
structural difficulties in that election contest.
lllJ~~
Dr. Robert Ornelas
0\alrman of the American Independent Party of CSIWomla
Dr. Mark Seidenberg

Vice 0\alrman of the Amertcan Independent Party of california
Page6 of6 AmeriCan JndepeudenfParty Demand Letter


PLAINTIFFS DECLARATION IN SUPPORT OF THE MEMORANDuM OF LAW FOR
ro
pLAlllfUFF's coMBOOfu RE$'0NSE ~'MoTION 'fO DISMISS
THE PETITION WITIJ.COMPLAINT
Exhibit E-1

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PLAINTIFFSDllCLARATIONIN SIJPPOll.TOF THE MEMORA!'IDUM OFMWFOR
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WORKJNGFAMIIJEII
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PAi3etJ llf 101 PAGES
OFFJCE: PrNidllt!llf I:Jecf:or

Dtsl'RiCr:- NIA COUNTteS:
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-EQUN.JTY
EIOliJALITY
Mo!---
llyt'OIIW.Bmwtl
Ch!follneC.Qqlnn
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OISTRICT: NIA c6uNrtES:
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REFORM
l8T.t.IIMTAIUAII

PLAINTIFF'S Dll(;l.AMTlON IN SIJPPORTOF THE ME!IfORANJJ~ OF LAW FOR

PLAINTIFF'S COMBINED RESI!ONSI!; tO DERNDAN'l'S' MOTION TO DISMISS
TilE PETITION WlTII COMPLAINT
' ' ' '
Exhibit F-2
William J. CliniOn-
Andtew M. CltotM-,
Kathy c:;_. ~hul'
ThomU' P. DiNapoli
_.__
Mario,F. Cilento
~wemg.,.m.
DanlolF.~
"

'
&ie1'- ~idermao' Stuart H.. Appelbaum

cirtE.~e .aa.ys._~
,Andrft. steVnut-Cousins lAveiy A. Wilin:D,
Bm ..to masro ~A;~
-~-A. James ~ne~,~
stt'M. Stringer,; ~M, Soiboza"
McliM ~YWmto Sattdmtrnt
, ByranW~~;- RubeftPiat.k:
C,Iuistine C~ QulnD ~ L.'inpin;:
':B.'aiiA.'smtkte,.k. ~~D.-Qold
M~i --~:.
',,,.,:tiD '
,,,,

. Of
STATE . NEW YORK . ss:.
William J. Cl!n~on Mario F. Cilento

Andrew M. Cuomo . Rhon!la weingarten
Kathy C. Hochul George K. Gresham.
Thomas P. DiNapoli Daniel F: Donohue
Eric T. Schneiderman Stuart H. Appell)aum
Carl E. Heastie Gary S, taBarbera
Andrea Stewa.rt-Couslns lovely A. Wa.rren
Bill de Blasio Stephanie A. Miner.
letitia A, James Kather!l'le M. Sheehan
Scott M. Stnnger Anastasia: M. SonlozS
Melissa Marlc-Viverlto Sandra Ung
Byron w, Brown Ruben Diaz, Jr.
Christine .c. Quinn. Hazell. Ingram
Basil A. Smikle, Jr. Rachelo: Gold
Melissa Skiarz
was, by the greatest number. of votes given at said election, duly elected ELECTORS of
PRESIDeNT and. VICE-PRESIDENT of the United States.
GIVEN tJnder our hands in the city of Albany, New York, ~_ls Sth day of December In the
year two thO.tlSand sixteen.
Douglas A. KeUner Commlssl<l~!'f

l'eter s. Kqsln~l Cornrnlsslo~er
Andrew J. Spano . Cori1!i\IS$1()1Je~
Gregory P. Peterson Commissioner
STA;TE OF 1'1~ VORl< . )
STATE !lP;AIID OF ELECllONS ) ss:
We certify that we have ciompareq. the. fOregoing wlth th!l 0r1g1nat certl~~" filed In this
office, and ih~t the. saml!ls acioiTect ttans<:rJptt:h~frllmand. oftiiiiwh\l!e Clf ~ l!figlnal.
Gi\1!;!\i un>J.ir our hands and seal of office. of fue State B(JariJ Of Electl\)ris, at the ~lty
Albany, this 8'1! day of December, 2016. . .
~ Pete~.
~~
, riil'ri>~ ....... YO"-" ....,, i. , , , . , , , ', , :: , , , . , , ,;,, ,: .. ,., , .. , , i',,

'
'""~''"!IJf&;,.,..IV'1J50Q """f:- '' "' "'"' ' ' '
,, ,,,, St~ement ~f tile '<Vfi!!!e' nljll)Per Of VOtes r.'lst fgr; ~~~ ~~ glO!l~.~.flil! thli<Qffll:e ~~ c ..
,~~,~~~~~ili;zh~i~,.~~~T ~~t~tii7hlll'ill~~~ lrj ~Q.~'i!i!,:
' ' ,, '''"' ,, "' '
TOTAL.

.' ' ."' ..' .. 'A...... ,. .......

c:r .. ..
sa
$T, ! .,.. Ql' lf:IW, y, ~!<.
'
'


""'
ST~UOI!~YORK, 8'
~c._--t---7~;:;c;-AL~~--r
!!!ill!!. I
!~ ~ -Hlli
1 l, BilrW\, Sr.
.ee A. iiiiSiilkoff
'R.
.
!1] r ii
H!1.U
,..,-
.118
.118
ii
lrec .
11
11111A
.~
. I
"." '
;":;
", '>
received


. ;:; : >~1111" \!~ o~r h~Ms In the city of Albany, f:!ew Yori<; !!>Is 8"' day of pecem~ln the
year two thousand slxte<!n.
Douglas A. Kellner Commissioner

Peter 5. Kosinski corM-t~oner
:Andrew li Sp~no COrM:I!Ssloner
Gregory P. Peterson Colllinlssloner
STATE Of NEW YORK )

) ss:
STATE BOARD OF ELECTIO 5 )
We certify that we hav compared the fOregoing with the original certificate filed In this
office, and that the same Is a rrect transcript therefrom and of the whole of such original.
GIVEN under our hands. and seal of office of the State Board of Elections, at the city of
Albany, this 8"' day of Decem ' r, 2016

PLAINTIFF'S COMBJNEI)RFSl'ONSE TO DEFENI>ANTS' MoTION TO DISMISS
TilE PETITION WITH COMPLAINT
ExhibitG

Search
PewResearehCenter
UNAUTHORIZED IMMIGRANT TOTALS RISE IN 7 STATES, FALLIN 14
Immigrant Populations
BY JEFFREY 5. PASSEL (HTTP:/IWWWPEWRESF.ARCRORG,STAFFiJEffREYS.PASSEL' JAND D'VERA COHN
(f!TfP:!/WWW.PEWRESEARCil.ORG-'STA F/DVJ::RA..COHN'J
1NO
1111M!tl6
TASU:l!
states with 1.aJt1ast unautllorlzed

lmmigraat Populations, 2M2

-
In tltausands
Cellfomls
.._
2,450
.. (+-)
45
T.... 1,660 40
Florid& 925 25
..... ,....,
NftYotk 750
525
20
25
Illinois 475 25
GeorJia 400 15
North Cetollna 350 15
Atlzona 300 15
Virgmia 275 15
Maeyland 250 15
Washington
--
230 15
"""" 210
1SO
10
10
Pennsylvania 170 15
\C;C2' Ail ~!.i'llt:H~ "''"' '(<Vt')e;f ;!H$;:f~o;~.:;~ ti'>J Q>CflO': !t:lj JSCJ
:: S.3n :;; :!"1e ";J!i.i l s fg...1~ c1 :.:1"-tl Q:.:.Js C,llftltrlO:S t"'!:,..::.~n
::::r~:;e:v~i~e r1r1<::s tr'-a:, a.n t>~~,Stut, ;;,yofcsnt S;:e
\!~:'':<J;I~~ f?t roo'\tlil'gn.-11'!:. ~~ngeru:sro trr~t :onlld'!~<r.e

xr.er.o~J
S.:.o.H>t. Tetie Ai. d!-u~:: t-or:F~A Qese!f:tr :kn:-:r~>n~tes
tldseJ or. !hlg!n~flte420L: ~0\H/..J>nCcrrw.vM.J Sur;-.:, 4St! ~>em

l!ltf:gF~te:j p,JOi<C ts: M;:m::a~ Seres;;pt. \IS
(http://www.pewhispan ic.org/2014/1l/18funautborized-inunigrant-totals-rise-in-7-stntes-fall-in-14/Ph_2014-11-
t8_unauthorlied-immigratfun-o6 /) Twenty-one states bad siat:isti:cally sigilificant changeS fu their poPu].atfuns of
unaulhotizedimmigrants from 2009 to 2012. They comprise seven s1a10S wbere the numberofunaUtllotized
immigrants increased and 14 where the numllerdecreased.
These stste-levcl chang~ are masked by the smbility at the nationallevcl, aeoording 1Q the Pew Roslllll:Ch
estimates. The overall number ofnnauthoti2ed immigrants living in the U.S. in 2012-stmding at 11.2 million-
was nnchanged from 2009. the final year of the Great Recession. The population had fallen since i1s peak of 12.2
million in 2007, when the recession began.
States that Grew or Declined

The seven stafos where Ulllllllhoti2ed immigrant populations grew from 2009 to 2012 were Florida, Idaho,
Macyland, Nebnlska, New Jemey, Penns)iwniaand Virginia.
2110

1111&'201& S.Undofzadknmlpt~IPewReafiiRhCfl&
In two of these states, Maryland and Vugiula, the stale-I<Veilrends also broko with the nalional-level trend fur
20071<> 2012: l)Uring those~, the nUDtherofunaalborizedimmlgn!nts fell in theU.& overall, but continued
to grow in bo1h Maryland and Virginia. In Maryland, 1heeslimated nUDther of unanthorized lmmlgraots grew to
250,000 in 2012, compared wilh22o,ooo in 2007.In Virgjl$ia, the et~;tiJ'tUlt:fll;l n\Ullber grew to 215.000 in 2012
from 2501000 in 2007. (In ~-!idJacent District ofColuml}ia, the 2012. pOpulation of 20,000 was not
s1atistically different from the totlls in 2009 or 2007J
The 14 states where populalions ofunanthorized immigrsnts decreas<dfrom 2009 to 2012 were Alabama,
Arlzona1 California. Coloradot ' ~ Dlinoist Indiana, ~sas, K.entucltY1 Massachusetts, Nevada, New
Mexico, NewYorlt and Oregon.
in unauthorized immigrants from Mexico 'WaS responsible for the decreases

in 13 ofthe I4 states; in Massac etts, the decline wa.s due to decreases in unauthorized immigrants from other
countries. In six ofthe seven sta: with increases in unauthorized immigrants, the changes were driven by
increases in mumthorized i ts from countries other than Mexico. In Nebraska. the increase was driven
by a small but statistically signifiqantgain in tmauthorized immigrants from Mexico.
Although state trends varied from 2009 to 2012, there was no change in which six states had the largest
unauthorized immigrant populati ns. Tbesix-califol'Di8, Texas, Florida, New Yolk, NewJersey andnlinois-
accounted fot 6o96 ofunautho immigrants in 2012. California alone had an estimated 24 million
unauthorized immigrants in 201 about one-in-five (22%). Texas ranked second, with 1.7millioa unauthorized
immigrants, 15% of the total. No ther state bad more than a million.
Long-Term Trend Comies to a Halt
---------------------------
11/1812018
F!Gt? 1 i.
Growlllln Unautll!lriDd IIIIIIIIIJation Mae Leveled Olf

In mil&m$
14.0
12.0 11.1 11.5 11.2

10.0 11.3
8.0
6.7
eo
3.5
4.0
2.0
0.0----
1990 2000 2010 2012
t.c:e SI'.Sj>f\$_5\.r':LlP:,;'<if;,,~ /YjG!~S. L:>.t :t"d ~'!W C-~rts ~f:'le ~~"!1,\~1 ;:.}'
::tntfi!le4ce J11te.'~o. D?~ ~:a-Js&efot H;;Q 1995. z:oo :'.:05. :::xr: ,::::.._19 ::v! 1 ns
2012 The 2\"i':72Cf1;; thtt~ c~ rt::H $fti1?ttl:e1t/ ~$~,fCV'trrt90" t:11"1d.;l'te' lf\P!f'idl
5-:IF:'t' iJtJ:Y'f 1\2, ~!!'-t'1 f>;r: ~ ,<.Re$~S!.""l ~'*~ r5tl'": <iC!St.'if ::.;:0&::0!.2 U3sej :.\1!
IHitr"!~:! ~;-:eJi:-Y, ~ ...A't'iD!'~ :::w ,<!') ~-:at:o,l~'<~~!6:~ Pu{h! V>t<Ho~~':b S+<~!:
:-PL ::.'" 0r 1.."'?5- ::<:<>4 .:::01 -l'>-:ll-~ tlSce:.l ;:~ "1;l:;h ;.;:c'er:e:rs ~T:"l~ ~mr..m
;;:p.;:i;~N" :,,i'H!) ES~i'"~5 f:: 1.3\"") ~:'7'1 t\enend:<JI\5:tet. 1l'Cil?l
(http://www.pe'"Uispanic.org/2014/11/18/unauthorized~immigranHotaJs...rise-in-?'-states-faU-in-14/ph_20J.4ll-
18_unauthorized-immigration-o7/) Until the recent slowdown in growth, the unauthorized immigrant population
bad risen rapidly owrneatlytwo decades-and the sbarpestgrow1h tate bad been in stdes wi1houtllll!ior

conoentndions of unautborized immlgranlS. As a result there bad been a marked shift in the distribution of
uuautborize4 immigrants across the nation.
From 1990 to 2007, the unauthorized immigrant population increased froma.s million to 12.2 million, growth
of about25096 or an average of more than 500,000 people a year.
The population of unauthorized immigraiJ.ts increased in every-state, but growth was slower in the six states with
the largest numbers ofsuch immlgranlS 1ban in the rest of the nation as a whole.
Califomia, the state with the largest number of unauthorized immigran1S 4t both 1990 and 2007, exporienced the
largest nwiterieal growth, butilS 88%iru:rease from 1990 to 2007laggedfilr behind oiher luge~ .;.d
nearly allsmallerstdes.As a group, the other five la.geststdes (Florida, Dlinois, New JC~Sey, New York and
Texas) experienced grow1h in their unauthorized immigrant population at the nationalavemge of 2501'6.
Meanwhile, though, the unauthorized immigrant population in the rest of the ooun.Uy increased almost
sevenfold, from ?Oo.ooo iii 1990 to 4-7 million in 2007.
These growth different:ial.e led to a Dl8l'ked shift: in the distnPution of un8uthorized immigrants acroSS the
coun1ry. The share in Califunda dropped to 23% in ooo7from 42% in 1990. The sbare.in the other large~
""" unchanged at 38%, bl!l the in the rest of the coun1ry essentially doubled, to 39% in 2007 from oo% in
--.-411111--mml,_...., 4110

1111612>16 StateU~ lmmi{p'a'ltPoptAailcns 1Pew R~~
1990, With the overall decreases in the unauthorized population since2007~ these shifts came to a halt.
Unauthorized i~t populatiOns can grow at th,e state teyel for the same reasons they do nationallY, when
immigrants eros~ the U :S. ooroer:.without authorization, or wben they overstay a legal visa after it~ Some
states also 1111\Y have experienced groWth in t!reir populations because unauthorized imnlignmts moved there
from ot:her_states;A ~or factor ~ntributing to losses in California, Illinois and NewYQr}t (rom 2009 to 2012,
according io ;pew Research Center analysis, was movement of unauthorized. immigrants to o~states.
u.s. ~ Populatloa, 2012
.,...,_
'-"
J..9 rni!!icA
{4.!fV, IJt
fortngtl'!XU1!
tfr&ldent!i:t
'*
":1T'R: ).0 t\'fnf!!fl-- 1' ":' J\10 -0 ~"' &:U~~;'ilt1:1 ;:;t'e'};>J ij~$11:'1.1
ittS'-.H' t;, ltv <:P'th L,5;: fi;,t;(! Uf ;:;.'i;et tstsf$
$n>F:2'Pisr ;:e$",at::.f, O::t>Jm!ie;:M'}l~ fi.r ZD1Z rur.&J:n
1S~)'""!AJ' Rm"'*',:_"'Wti\Vf.t';- ~'1'\.$11-<1
'""J! fhutdeu SA tie:~ fi!'}}\fii
JI~Jt!8EAJIICK~
(http;/fv.ww.tiewlll!ipo,nir,.tnt/2014/tt/1 S/unauthorized-immi$fant-totals~rise.-.in"7!\tes--fall-in-t4/ ph_2ot4 -n~

t8_unauthorlzed-immigration-oS/) UnauthoriZed im.migtant 1)9pulatiop.s can decline when fewer new immigran:ts
arrive, when ag...,arer number decide to!"""" 1he oounllyortbroogh deaths (althoogh there..,relativelyfeW
deaths because 1mauthorized i~!4 tend to beyoungerthaD 1he population overaJI). Gaverninentaetion
-
alsoplllys a role: Numbers can declinetbroogh depoiiations o:rwhen mumthorizedim.migtan1S oblain !Ogal
5110
1111&'2016 stale Ura.Gxrized lmm~ PGpLU~onat PeW Resewdl CeUr
The natlono threign-bom population ro.laled 42-5 mjlljon in.I!Ol2, or 13-5\16 of U.S. residents. fu a.!ditlon 10. the .
nap.O~~;'s-u.2 millU)n ~rlzedil'llll1ighmtaJ it~ made up of ti.7m,ill.ion legal permanentnisidents (~7-4~:-
ofimmlgtonts in 2012),.!7.8 million naiUtallzedcitizens (41.8!16 ofiolinigianls) and 1.9 million legal residilnts
withtcillpormys!alus (4-s!Jiiof~). . . .
Among all inunigran1S, tbesbarewbo Wele.lmanthorizedin 2010crsnged widely by smte, from 696 (Maine) to
4-5% (~as). The otale$ with the largest shares were~!! theSQnthond Molllltain West, some ofwhlchare
relalively new destlnsti<ins for unauthorized immigrsnts.
UnauthoriZed Immigrant Population Share
States with Largest Sllaral! ot

Unautllorlzed Immigrants In the
Population. 20:12
L"mlutlwrim!immigrants% r!f total stlite popukltitm
_..,. 7.6
caJitmla
T""'&
-
New Jersey
..."""""'
..,....
-
N,ewYork
m..,..
-
NoM carolina
Colo<Mo
""'...-..,
VlrJinia
!13~: P;rtJt<\t5~t:'!lk'~4~teti J'tZffi \J"JOlJrr.h411o!111~-: !)[~~

bet~n ::::~.::e tSinh;;,tnaytW1 l>e~!ft;;a't$stlf$~
~tit!\ tb: wmt-- ~-es er~ Sb04t'l ~tptl!'lhe%ce~
T!tTeAJ_ dt.:r~frCf"'~w ReS& at:! ::t:0WI f'Stitn~te;t.

!-" lt0pl.ll')t!d
1
lr;ie1~ P\tCrt: 1..~ 1ft!;r,ootii~ 6t'Ov~~l
::ctr:r\
PEW~cenER
(http:f/www.pewhispailic.orgj2Qi4/ll/18/unauthorized~immigrant~~MUi-r..statU-:fall-~14/PlUW~-11M
""""'""_............,.... ~~~"'<n!

11118ll016 Sl8le Onat.G'lol'ized lmmi$Jart Pqllj~ 1PeW ReMarc:tl center
rS:_urtanthmed.inunigratlonO<Jil Uruiuthor!zed immlgmnll! accounll1dfur 3<;% ofthe U.S.l>OJlUlalion oteady
316".itdllloA iii ao12, down from. a pe8k of 4.0% in 2Q07 TbeS~VJliied fi:om l~s tban 19tUn 1Q ~~to 7496:
inN. . . Cal~mia ("a~ andT.,... (6-3%) also are a~ru>ng lheloP"ranlll1<istatea iii this regard.
Mostoftlle - with tile largest numbers of unau1hor!zed inunigran18 also bavo relatively high,o'- of
llhajrlllb~inllnignmb!. The six states with lhelargestunaulhodzed inllnignmt li"PJIIations..:c.nromia,,
Flotida,'IDinois, New Jersey,_New: York and Tex:as.;-ahlo am among the states witl:i the to laighestsWu-es a(
un~tbo_~ hnmigran~ in the Qverall population. Similarly, states with :relatively lorer numbets of
uruiuthonZed imm!gtanb! tend to have lower sbaies in tbeoverallpopulalion.
NatioiiaU)r, unauthorized immigrants made up about a quarter of the foreign-hom population (26%) in 2012.
'111atshare JiC"ked in 2007, at 30%, when the siZe of tile unauthorized immigrant population also peak.d.
On~inTwenty People in the Labor Force
Tt\0
11/1M!018
-
New Vorl<
COonecti:ut

Uto
Virginia 5.1.
W...h'fll<>n - AJi
S.~; rsl):6AJ J~ittOMi!iAe:A i=teMat:h ::.W'::ttmmrs

iuse.ti 1'?1 a:;.groen:N 2)12 Arw~t:Sn ~mmW1ty &in~' a.wtttft:t"'l
lrJeta!!'~ Put:!!: L:$ !hctc\i$\lf Ce--~- ;:?JM$
PWIIESEARCHCENTER
(ht!p:l/www.pewh~pani~org/2014/ll/18{upauthorlzed,ffimrigrant-!otals-rise-in"7-sta-falHn-14fPh~oot.~-n-
18-"""utQorizedim~.atio..,o/l.ln the VB. averatl, unauthor!Ze<j. immigrants -tfi.u;one-in-~l;f peilplo
ill the tab<>~ fi>ri:e, or 8.1 oiituon pe<iple in 2012, but the sbareu II!IIJ.ioldly higherinsome sillies, e$p!icial\ylhbs~
With high shares of'unauiborizod immigrants in the population. . ..
The share of unauthorized immigranl!! 811Ulng ndults ages 1~ and older wlw 01'!' ,..,rldng or looking fur oork is
higbestinNovada(l0.2%ill.ot2} 0 Newda$ohasthehigbostsbareof~imQ!igrantsinthe~l
population (7.6%i. The share in the labor furee alSo is relatiwly high ill 0\llfumla (9496) ~d "('oxas (8."),

whicllmksecondandthlrdintheunanthorizodimmigrsntsbareofthetmalpopula1ion.
,.,.
1111812016' $8feU~ImmfWw~Por:U:a!IQ'ISI~~Cerler
Un~rizi,d il)l!Digr.w,lll are D)Ote lilroly thon \he overall U,8. poJ11adon to be ofworking age and less likely to
' De~ _or older (Pass'et 'and eoim; 2009 {http;//"Www.p~ispntiic.brg/2Q09/04/(4/ti-porffaitw(l{~uri!I:Uthori7.ed- '
imrtti&ranrs.:m-the-united-statesn )~That is one reason that the unauthorizedimmigrant share oftbe lal>or fOr is
. higher tbait ill! s~ the populi.!iQil overall.
Students
. with
. Unauthorized Immigrant Parents
Chlldmi with at least one unauthorized ~t parent made up {).g% of stUdents_ enrolled in 'kin~arten
\heough 12th grsde in 2012. Most (S.s% of all student.) are U.S.-bom children who are U.S. citizens at birth. Tbe
:rest (14%) ~unauthorized immigrants themselves.
Among elementacy andsecondsly scbool students witllimautborized immigtant parent., \he U.S,-boni share
has grown since 2007while the share who are themselves unauthorized immi~ts has declined. In 2007, for
example, whea the nnau!horized hmnlgrant population was at it. peak, 7.2% of elementacy and secondsly scbool
students had unauthorized inuriigrant parents: 4.5% were hom in the U.S. and 2.6% were themselves
unauthorized_
This trend is pru:ollel ro a general rise in the numberofU.S.bom children ofunalllborized immigtanll< and a
decline in)a..nile unauthorized immigtanll< (Passel, Cohn, Krogstad and Gonzalez-Ban'era, 2014
{http://www,pewl:rispanic.org/2014/ 09/03/as...grov..thstalls-unauthoriud-inim.igrant-population--fx.oomeNimre~ttledJ)
).As long-termresidents make qp &growing share of unauthorized immigrants, they are more h"kelyto have
U.S.-born cbildren. Among unauthorized immigrant adults in 2012, 4 million (or 38%) lived with U.S.-bom
children.- either minors or adults. In 2000,2.1 million,orao%.did
l.d
statea wltlll.atjJest SllaM of 1(.12

students wltlllhlautlmlmd lmml#ant
Panmt(s). 202!2
17,7
(bttp:I/WWW.pewhispanic.org:(2014/li/!8/tlnanthori:ted-hmnigrant.totals~rlse-~"7"States-fallin-t4/Ph_2014tl1--
~~411111~-1~~m~Cnll 9110
1111i?t.zo1& ~ UIUL.dhorized fmJPigrA Pqdajoos f Paw Reaearch ~
iff_l!nantliorized-fum>;l"'it!"';n/) Tbe. n~ of)lnautbot!Zed~t ildiilts with US.-pql!j.cl!ildreil. meYbe.
hlg~>,erlllan:Wimt is showil!rete because 1hes.nlllllbers ,JonoHni!lude lbOsewlio liwo~:rlomtbiolr
cbil&en.
Y~uilautborized~tsh""'!declinO<Iitlnlllnbe<mpart~>e<a:~~.rurie.!Umi:dt&andbeeome
adults with uilautborized statps,
The share of slndenis with 1lllaulhorizedlmmigrant parents varies wi!le!Y by state. The aoi. sllare .,;._in double
digils ill f<)urs~-l'fevads
. (lt.'-7'!6J. Callfonlla
. b:J-2%:1,. 'r-
. (13.%l..,d,,\rizona
. . seYe!lstsles,
(lt.o%).1h
. . tb8
share in 2012 was leSs thati t%.

lmm~ in Califorria. (PPIC Pltiicetitt'l)
, i " FACTS
Immigrant$ in California
)o California has more immigrants than any other state.
California is home to more than 10 million Immigrants-one In four of the foreign-born population
nat!onw!de. tn 2011. 27 of California's population wasfore!gn~born. about twice the U.S.
percentage. Forelgrt-b rn residents represented more than 30% of the population of seYen
California counties: sa ta Clara. San Francisco, Los Angeles. san Mateo. Imperial, Alamede~, and
Orange. And half of th children in California had at least one Immigrant parent.
,. Most Immigrants I California are documented residents.

Almost half (47%) of C l!fornla's Immigrants are naturalized U.S. citizens, and another 26% have
some other legal stat (Including green cards and yisas). According to tile Department of
Homeland Security, a ut 27% of immigrants in California are undocumented.
,. Immigration to Ca,lfornia has slowed.

The state's Immigrant opulatlon increased by only 15% (1.3 million} in the 200()s., compared to
37% (2.4 million) !n the 1990s. This dedlne In international !mrnigratlon has been a contributing
factor In the slowdown of California's overall population growth.
Most Immigrants I California come from Latin America, but recent arrivals
are primarily from Asia.
The vast majority of C Hfornla's immigrants were botn in latin America (53%) and Asia (37%),
California has sizeable populations of Immigrants from dozens of countries: Mexico (4.3 million)
the Philippines (812,00b), and China (760.700) are the leading countries of origin. However,
or
more than half (53%) those arriving in the state between 2007 and 2011were born in Asia: only
31% came from Latin A erlca.
California are working-age adults .

About eight of every Immigrants (81%) in CaHfomia are working-age adults (age 18 to 64),
compared to four of ry seven {57'J6) U.S.-born California residents. This means that more than
a third (34%) of workin -age adults in the state are immigrants.
,._ ... and are likely be on either end of the education spectrum.
In 2011, 37% of Cal!fo Ia's Immigrants age 25 and older had not completed high school,
compared to 9% of U.~.-born California residents. A quarter of California's foreign--born residents
had attained at least a pachelor's degree, compared to a third of U.S.-born residents. Foreign-
born resklents accoun d for 72% of all high school dropouts In tile state and 31% of cotlege-
educl!ted residents. a t recent Immigrants and Immigrants from A~ia tend to have yery high
levels of educational a alnment. Almost half (47%) of foreign-born residents who came to the
state between 2007 a d 2011-and 60% of those who came from Asia-had bachelor's degrees
or more.
,.. Immigrants are m re likely than U.S.~born residents _to be employed but
make less money. 1
Calrfornla's foreign-born residents are more likely to be In the cMUan labor force than U.S.born
residents: In 2011, 66%iof Immigrants were In the labor force, compared to 62% of the U.S..born.
They are also more Hk fy to be employed (59% tompared to 54%), However, the median lncoma
for households with to tgn-bOrl'l hOuselloldeT$10 2011 Was 20.9% lower than that for
households with u.s-b rn householders ($48,851 compared to $61,752). And foreign-born

residents are more lik y than the U.S.born to live In poverty (18.9% compared to 15.7%),
112
11ntmlf8 C811fctria's Ukely Vdln (PPIC Niicalloo)
: FACTS
California's Likely Voters

.., Seven In ten are registered to vote: independent registration continues to

increase.
As' of May 2016. 17:9 million of California's 24.8 million eligible adults were registered to vote,
which equi!tes to a registration fate of 72.3%. This rate rs identical to May 2012 and slightly
higher than the fate before the presidential primary In February 2008 (68.5%). However, lhe
share of eligible adults who are registered to vote ts likely to increase as we have seen In the
leadup to elections in 2012 (76.7% In October) and 2008 (74.6% In Octobet), the last
presldenUal contest without an Incumbent. The share of registered voters who are Democra~
(44.8%) Is up from 2012 (43.7%), Whlle the share. of Republicans (27.3%) ts down (from 29.4%}. At
the same time, the share of votels who say they are Independent (also known as ~decline to
state~ or "no party preference~) has been Increasing: It Is now 23.3%, up from 20.9% in 2012.
,.. Likely voters and unregistered adults lean Democratic and are ideologically
mixed.
Among likely voters ln our surveys over the past year, 45% are Oemocrats, 31'16 are Republicans,
20% are Independents, and 4% are registered With other parties_ Of those we consider
infrequent voters, 41% are Democrats, 34% are Independents, 21% are Repubracans, and 5% are
registered with other parties. Among independent likely voters, 42% lean toward the Democratic
Party, compared to 32% who lean toward the Repub!lcan Party and 26% who. volunteer that they

lean toward neither major party or are unsure. Among unregistered adults, 51% lean toward the
Democratic Party and 22% toward the Republican Party; 27% lean toward neither party or are
ur'ISure. ldeologlcalty, 35% of likely voters are politically llberat, 29% are moderate, and 36% are
conservative. Among infrequent Voters 35% consider themselves liberal. 32% consider
themselves moderate, and 32% consider themselves conservative. Unregistered adults are also'
Ideologically mixed: 36% are conservative. 33% are liberal, and 31% are moderate.
)to Likely voters are disproportionately white.

Whites make up only 43% of California's adult population but 60% of the state's Jlkely voters. In
contrast, LatinoS' comprise 34% of the adult population but JUst 18% ()f Ilk ely voters. Asian
Americans make up 15% of the popu!auon and 12% of llkely voters, while 6% of both the
populatlon and likely voters are African American. "Other rae:e.. and multiracial adults make up
3% of the population and 4% of likely voters. Four in ten (40%) Infrequent voters are white, and
30% are Latino. Nearly six in ten unregistered adufts are Latino {57%): fewer are w~Jte (22%),
Asian American (17%), or African American (2%)..
,.. likely voters are older, more educated, more affluent; they are homeowners.
and were born in the US.
Califomlans age 55 and older make up 31% of the state's adult population but constitute 47% of
likely voters. Young adults (18 to 34) make up 3~% of the popul8tion but only 18% of Ukely voters.
While adults ages 35 to 54 are proportionally represented, Eight In ten likely voters either have
some college education (41%) or are college graduates (41%); 17% have no e:ollege education.
FortY-four percent of Ukely voters have annual househokllncornes of $80,000 or more, while
27% earn between $40,000 to under $80,000 and 29% earn $40.000 or less. The vast majority
of likely voters (69'6) are homeowners, while three in 10 (31%) are renters. ln. contrast, 68% of
unregistered adults and 63% of Infrequent voters are renters. Ei9hty~four percent of llkety vote'rs

were bOrn In the US (16% are Immigrants). Women (52%1 and men (48%) make up similar share$
of the likely voters !n Callfornla.
The regional distribution of likely voters matches the state~s adult

populotion.
-~-"""'-""" .........
-------------...,....-------------------------------
11M812016 Callforria'a Llkdyvaters {PPIC f'l.tilcallu'l)
The share of likefy voters In each region mirrors the region's share of the stat~s overall adult
population: los Angeles County (27% of adults, 27% of likely voters), the San Francisco Bay Area
{20% of adults. 21% of likely voters), Orange/San Diego Counties (17'16 of adults, 18% of likely
voters), the Central Valley (17% of adults, 17% of likely voters), and the Inland Empire (11% of
adults, 9% of likely voters). The largest shares of Infrequent voters (29%) and unregistered adults
(25%) live In los Angeles County.
Party~Tion
20 .
21
"'
s
41 ,..
,_.
Major party leanl1'95
among ll)de.pendents.
and those n<1t l'(ogi$I:Offed
~httiDool ,,
32 25 22
knoW
" 27
,." " "

:1: "
Polltltal IdealOgy 31
Co
Alk<t Amerit.:an
""
'' ",. ''2
'
RnOOIEtholdty
Asian~~
".. "
" 17
51
'"":t
' 1Ntdtt!
' ottlffl ulllr.s<:ial '"'

4 "4 "1

'
leis~ County 29
27
"
,_.
San FrendS<:o: 8.1y Ate.a
o.. ,o._
21
18 ..
18 20
17
c""'
,,. .
IVnlley l1

18 18
u
..
'Inland
"
"''-
..
9 9 8
-~
..
49
'"'"""' 52 52 51
18
"41
Aga
SSall(loldel "
47
31
" 16
.. ~-
,u
17
41
,.
41
"
33
"
63
20
11
....
54
~~ to under $80,000 "'19

27
"
24 14
_
""""'rn " "
--
; ~ent 31 68
... 'US.~
-~-~~-""''"***~-~"
84
16 ,, ___" 78
* **~-~*~~*---
l5
65
SOUIICES: S.Wn P>'tc Sta!ewlckl Surveys from Septamb~r :1:015 ro July 20t6.1ndudlng 7.306 likely vohml. 2.lliS iflfrequent \IQter$.
"- - -~..... --
and 2.1:18 unr"!JItorod mlu~s. Cf11foml4 S.C ..!Iar)l of StaN>, Roport of ~iob'tltloP. Mar 20t6.1JS C~nlll$. :I:OJ0-14 Aml!rk:MI
Community Surwly.
'''" "'"'" ~" ~ ~'"~' ~~ _,.., ""'"'" ,_,, '"""'"~-'".

to vote; "lrlfri'QIMint vote<s ar r btated vote!'ll who do not ma&l these crm-rra. For fua de$crlpt101'1 of this <:Iller!& alld ~
defit>lllon5, ~;Sit www.ppJc.(l<gfc For '"""
IGI>tlol"OriS!INeyNethodoJogy.pdt and Rll>nlclly, rHUIIS mre prasentltd lot non..HispeniC
wh~. n"""Hi~panl<:- A-$. no IS!)ftnk bloool<o. nd f<lr no<>-Hillpanll: Gt"-'r rs~ i!nd m<Jitir&dal aduft:o.
213
PLAINTIFF'S DECLARATION .IN SUPPORT OF THE MEMORANDUl\1 OF LA'\1V FOR

PLAINTIFF'S COMBINED RESPONSE TO DEFENDANTS' M0110N TO DISMISS
TilE PETI'riONWITH COMPLAINT
ExhibitH

111171Zl16 Jerry Brown Signs Bill AI~ IRegallmmlgrarts to VWt
- ~~
~-
' ','"I I I I I i' It Jl>,',l II '. ' , 1 , II I 1 ~
=
JERRY BROWN THAT COULD LET

ILLEGAL ALIENS
I I I lH
I II fl -
BREilBARl
SlORE
I I t
SHOP NUll'
IJEl
CONNECT
SIGN UP Fill lUI NEWSLETml

emnil address SUBMIT ,
'.
On Saturday, California
Governor Jerry Brown signed
Assembly Bi1114611 the New cestrunclw'<'yahoo.crnn SUBMIT
Motor Voter Act, which
will automatically register
people to vote through the D , and could result in illegal aliens
voting.
Any person who renewed or secured a dri\'er's Ucense through the DMV may now register
to vote, or choose to opt out of doing~ Bqcause illegal immigrants are nowcligih!.o for
obtaining driver's licenses, they could be owed to wtc in clections if the Secretary of
Sto.te's office fWls to verify their eligibility pcrly.
BREITBART VIIIO PICKS
Brown and the Califomia Democratic

Policy lnstitute survey sho\\t'<i, among
Democmtlc Party and 22% l:o\\md. the
immigrants to vote would oument the De
know exaetlywhut they are doing; as a Public
tered adults, 4996lean tov.'8l'd the
bllcan Party. Any bill perml\llng illegal
tic Party's hold on California.
YOU MIGHT LIKE
1no
1111712016
True the Vote fOunder nttherine Engelbrecht staled, "This bill Is terrible.
. It makes an.
already bad situation much, much~~ adding that California's registration datab&.ses
"lack the riecessaly safeguards to keeP noncitizens off the Voter rolls."
Election Integrity Project of California President Linda Paine echoed that AB 1461 "'Mll
effectiw!y charme the form of g~nce in Calil'omia from a Republic whose elected
officials are ~ned by United states citizens and will guarantee that noncitizens will
JErtici~ iii. all California elections going forv.md. The FJ:Iiction Integrity Project of
caiuorni8 W.tomed True the Vote to demand that brown veto the bill, coiling it a to Path
'"state sanct!.oned' voter fraud."
Altho\J!b noncitbens' driver's licenses ln California ~tire the phrases "Federalllmits

Apply" and "llot valid for officlal federal purposes,"True the Vote SPQkesman Logan
Churchwell pointed out that &ate ofrlcials "specifically chose not lO make noncitizen
license holders searehable in their DMV database."
California Secretary of State Alex Padilla countered that the increase in voters will benefit
the state, urtuin& ''The New Motor Voter Act will make our democracy stronger by
removing a key barrier to voting for millions of California citizens. Citizens should not be
required to opt in to their fundamental right to vote:. We do not haw to opt in to other
rights, such as free speech or due process."
Ollifornia follows Oregon, v.'here Democratic Gov. Kate Brown sir:>~t'.l u hll! ln Mareh
allowing the automatic registration of all eligible Oregonians to vote when th!y obtain or
renew a driver's Ucense or state identification card
But stephen Frank o( Califoruia Political Review bluntly 8B9erled that. the bill will reduce
voterturnout because votcr:s v.ill Mliff fraud in the po]ls: "AB 1461 OI!SUreS cotrUptian of
our elections-our elections will look like those of Mex:ko and other COITlJPI.: nations-and
honest pooP,e will stop voting since illegal alien.s will out vote them."
HEAD Mli!ESJIIIIS AIIDUT:

Hrcltl1.'.lrt Ca,!ifoml*,lmmigr-Jt:nn, t\~'?mb::- Gill 1401, CJI:(nmLt, Jrc;;,.t1lrnrni},'1'Jhts,-fO't)/
fj;mq1, The New Mntor\'otvr Act, \'Qtc

f SIHnt Top tO ~t.;.~\:~ticlpa~Superyaclt~
eomi~&:fA 'fflcfilot~ MOn'._OO'tiiOJit S~O.w-_-
F-'~' 11 ''}<}: '':'
We Recommend
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Dropping
Hybrid Cloud raises a lot of question5. Do }00 knowthem?
SQL Serwr 2016: Calculate Your Cost Today
Sualn Dey WM ~ in the 70& But What She .L:Joks l..ilre Today islrwredl~
tap:JJ.Nww .bllitblrtcOmlCalfcrriai201Mtr12/pljerry-broM'\-Sigraoblll-llktM~1--vdlli 2110

PLAINTIFFS DEC~TION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

PLAINTIFFS COMBifOOJ RESPONSE TO DEFENDANTS' MOTION TO DISMISS
!TilE PETITION WITH COMPLAINT
Exhibit 1-1
Office of Civic Engagement &

Immigrant Affairs
Sanctuary City Ordinance
Sanctuary Ordinance
What is the Sanctuary Ordinance?
In 1989, San Francisco passed the "City and County of Refuge" Ordinance (also known
as the Sanctuary Ordinance). The Sanctuary Ordinance generally prohibits City
employees from using City funds or resources to assist Immigration and Customs

Enforcement (ICE) in the enforcement of Federal immigration law unless such
assistance is required by federal or state law.
In 2013, San Francisco passed the "Due Process for All" Ordinance. This ordinance
limits when City law enforcement officers may give ICE advance notice of a person's
release from local jail. It also prohibits cooperation with ICE detainer requests,
sometimes referred to as "ICE holds."
These ordinances were last amended in july 2016.
[Sanctuary Ordinance: SF Admin Code Chapter 12H and 121- English]
Frequently Asked Questions

1. What does it mean that San Francisco is a Sanctuary City?
In 1989, san Francisco passed the MCitv and County of Refuge" Ordinance (also known
as the Sanctuary Ordinance). The Sanctuary Ordinance generally prohibits City
employees from using City funds or resources to assist Immigration and Customs
Enforcement (ICE) in the enforcement of Federal immigration law unless such
assistance is required- by federal or state law.
In 2013, San Francisco passed the "Due Process for All" Ordinance. This ordinance

limits when City law enfor~ement officers may give ICE advance notice of a person's
release from local jail, It al~o prohibits coo'peration with ICE detainer requests,
sometimes referred to as "ICE holds."
These ordinances were las amended in july 2016. Under current law, City employees
may not use City resource to:
a. Assist or cooperate wi h any ICE investigation, detention, or arrest relating to
alleged violations of th civil provisions of federal immigration law.
b. Ask about immigratio~ status on any application for City benefits. services, or
opportunities, except 'f required by federal or state statute, regulation, or court
decision. ~
c. Limit City services or enefits based on immigration status. unless required by
federal or state statute r regulation, public assistance criteria, or court decision.
d. Provide information a~ut the release status or personal Information of any
individual, except in li ' ited circumstances when law enforcement may respond to
ICE requests for notlflc tlon about when an individual will be released from
custody.
e. Detain an individual o the basis of a civil immigration detainer after that
individual becomes eli ible for release from custody.
2. Why did San Francisco dopt the Sanctuary Ordinance?
The sanctuary Ordinance p omotes public trust and cooperation. It helps keep our
communities safe by maki g sure that all residents, regardless of immigration status,
feel comfortable calling the Pollee and Fire Departments during emergencies and
cooperating with City agent=ies during public safety situations. It helps keep our
communities healthy by making sure that all residents, regardless of immigration
status, feel comfortable ac~essing City public health services and benefit programs.
(Please note: Federally funded programs may have different rules, record-keeping,
and reporting requirements.)
I
I
3. Is San Francisco the onlr Sanctuary City in the country?
I
No. In fact, San Francisco is just one of hundreds of cities across the U.S. with
sanctuary policies or relate~ law enforcement orders. California and certain other
states also have related laws or polides .
--~~----------
PLAINTIFF'S DECLARATION IN SUPPORT OJ' TilE MEMOJL\NDUM OF LAW FOR

PLAINTIFF'S COMJIINED RESPONSE TO DEFEND~' ftJOTION TO DISMISS
THE PETITION WITH COMfLAINT
Exhibit 1-2

11f3Q'3l16
AB-1461 Vote~ reotstri'tlon: callfornli!l New Motor voter Program, (2015-2~15)
Assembly Bill No. 1461
CHAPTER 729
An act to amend Sections 2ioo and 2102 of, and to add 'Chapter 4.5 (commenCing with Sett:ion 2260)
to O!viston 2 of the Elections COde, relating to elections.
[ Approved by qovernor October 10, 2015. Filed with Secretary of State

' October 10, 2015. l
LEGISLATIVE COUNSEL'S DIGEST

AB 1461, Gonzalez. Voter registration: GalifOrnia New Motor Voter Program.
Existing. law, the federal Nat~al voter Registration Act of 1993, reqUires a state to, among other things,
establish procedures to regist r a person to vote by applicatlon macte simultaneously with an application for a
new or ret'lewal of a motor v Ide driver's license. The fedEral act requires the motor vehicle driver's license
application to serve as an appl cation for voter registration with respect to an election fOr federal omce,
unless
the applicant fails to sign the application, and requires the application to be considered as updating the
applicant's previous voter regi$triltlon, If any. The federal act defines "motor vet1lde driver's Ucense" to include
any personal identification doc~ent issued by a state motor vehicle authority,
Under existing state law, a ] o n may not be registered to vote except by affidavit of registration. Existing
law requires a properly execut d affidavit of regl~ratlon to be deemed effective upon receipt of the affidavit by
the county elections official If he affidavit Is submitted to the Department of Motor Vehicles on or before the
15th day before the election. istlng state law reqUires the Department of Motor Vehicles and the Secretary of
State to develop a process and the Infrastructure to allow a person Who ls quaUfted to register to vote In the
state to register to vote online,
Existing Jaw requires the Dep~,ment of Motor Vehrdes to Issue driver's licenses and statf! Identification cards
to applicants who meet spe ed criteria and provfde the department wlth the reQuired Information. Existing
law generally requires an ap Hcant For an or1glni!ll ar1ver's Ucense or state ldentifi~tlon card to submit
satisfactory proof to the depa ment that the appliCant's presence In the United States Is authorized under
federal law,
_This bill would require the Seotetary of State and the Department of Motor VehiCles to establiSh ttle Ca\!forrlla
New Motor Voter Program for~e purpose of Increasing opportunities for voter registration by any person who
is qualified to be a voter. Un r the program, after the Secretary of state certifies that certain enumerated
conditions are satisfied, the D partment of Motor Vehicles would be requlred to electronically provide to the
Secretarr of State the recordS~ f each person who is issued an original or renewal d a driver's license or stat4'
identification card or who prov es the departmeht With a Change or address, as specified. The person's motor
vehicle records: woutd then constitute a completed affidavit of reglstratlon and the person would be registered
to vote, Uf)less the person arrmatlve!y cleclined to be registered. to vote durtng a tltlnsactiOf'l Witt\ the
departml!!nt, the department di not n!pre5ent to the SecretarY of State that the person attested thaf he or she
meets all voter eligibility requi ments, as specified, or the Secretary of State determines that the person is
Ineligible to vote. lhe bill woul. require the Secretary of State to adopt regulations to Implement this program,
11tps:JIIeglnhlegi81ahxaea.govlfaceslbiiiNIWCIIent.xtiml?biiLid=at15201EDA81.t61 117
------~--------------------

11131>':1l10 Qilt Text- AB-1461 Vder reglltrtlllon; Callbna New Mdor Voler Progran,
as spedfled.

Under 8)(1sting law, the Wfllful, unauthorized disclosure of lnformatiort from a Oepllrtmeot: of Motor Vehicles
record t~' any perSon, Qr the uSe of anv ~alse representation tO obtain rntormatlon frOm a 'd@partment record or:
anv use Qf lnfomlati9n obtained from anv department record ror a purpose other than the one stated in the,
request or the sale or other distribut!Oil of the InformatiOn to a person or OfRaniZation for purposes not
disdoseq In the reQuest IS, a ~erne<\vor, punl,sl)able by a Me .not e:xceedt~ $5,000 or by Imprisonment In
the county jail not exceeding o!'le yeart or both fine and imprisonment,
This bUI would provide that disclosure pf information contained In the records obtalned 1'rom the Department of
Motor VehiCles pursuant to ttle califo_mta New Motor Voter PrOgram Is a misdemeanor, punishable by a tine not
exceeding $5,000 or by Imprisonment in the county jail not exceeding one year, or both fine and JmpnSonment.
By creating a new Clime, this bill would Impose a state-mandated local program.
Existing 18w, the Inl'ormatlon Practices Act or 1977, authori%es avery state agency to maintain In Its records
only personallnfonnatlon that Is relevant and necessary to accomplish a purpose of the agency, or Is required
or authorized by state or federal law, That act specifies the situations In which diSClosure IS permiSSible and
also specifies the manner In whlch agencies must account for disclosures of personal information, Including
those Clue to security breaches, among other provisions.
This bill would require the Secretary -of State to establish procedures to sa~guard the confidentiality of
Information acquired from the Department of Motor Vehides pursuant to the cantomia New Motor Voter
Program and would state that the provisions of the lnfonnatlon Practices Act of 1977 govern disclosures
pursuant to the program.
t:xlstlng jaw makes it a crime for a person to willfUlly cause, procure, or allow himself or herself or any other
person to be registered as a voter, knowing that he or she or that other person Is not entitled to registration.
Existing law also makes it a clime to fraudulently vote or attempt to vote,
This bill woUld provide that if a person who Is Ineligible to vote becomes reglsterec;l to vot~ by opera tiM of the

Q/lfomia New Motor Voter Program rn the absence of a violation by that person of the crime described above,
that person's registration shall be presumed to have been effected with ofTidal a~tlorjzatlon and llQt the fault
of that person. The bill would also provide that if a person who is ineligible to vote becomes registered_ to vote
by operation of this program, and that person votes or attempts to vote ln an election held atter the effective
date of the person's registration, that person shall be presumed to have acted with offlclal authOrization and Is
not guilty of fraudulently voting or att~mptlng to vote, unless that person wiiiNUy votes or attempts to vote
knowing that he or she Is not entitled to vote.
This bill would also make conforming changes.
This bill would Incorporate tu::kfitlonal changes to Section 2102 of the Sections cOde, propos:ect by SS tha't 589,
woukl become operative only If SB 589 and this bill are both chaptered and become effective on or before
January 11 ~16, and this bltl rs chaptered last.
The Callfomra COnstitution requires the' state- to reimburse local agencies and school districts for certain costs
mandated by tne state. Statutory provisions establish procedure~ for maldng that reimbursement,
This bill Would provide that no relmburse_ment lS ~qUired by tts act fQr a speclfied reason.
Vote: majOrity Appropriation: no ASOII committee: yes Local PrOgram: ves
THE PEOPLE OF THE STATE OF CALIFORNIA 00 ENACT AS FOLLOW&
SECTION 1. section 2100 of the Elections Code Is amended to read~
2100. A person shall not be registered except ,as provided In this cttapter or Chapter 4.5, except upon the
production and filing or a certified copy of a judgment of the superior O)Urt: directing registration to be made.
&EC. 2. Section 2102 of the Elections Code, as amended by Section 6.5 of Otapter 909 of the $tat Utes- of 2014,
is amended to read:
21C1.2. (8:}, Except as provided In Olapter 4.5, a person shall not be regfst!re_d a$ a voter except by affi~av.l~ of ,
~:I"'Pnb~.caplllrAis.titiN&YCIIerb11ml'1biiUd=2l15201EIIAEI1.tl61

11!3l'2016 WI Text AB-1461 Vr:bl JegletreiiOtt CtllfOrtia New Mttor Voter Program.
registration. The affidavit shall !)e mailed or delivered to the county elections offldal and shall set forth all of
the facts required to be shown by this chapter, A property executed registration shall be deemed effective upon
receipt of the affidavit by the eounty elections official iF received on or before the 15th day priOr to an election
to be held fn the registrant's prednct. A properly executed registration shall also be deemed ef'fecttve upon
receipt of the affidavit by the county elections official if any of the folloWing apply:
(1) The ?ffidavlt Is pownark~d on or before the +sth day pflor to the election and received by mau by the
county elections official. ~
(2) The affidavit Is submitted ~o the Department of Motor Vehicles or accepted by any other publiC agency
designated as a voter reglstra ion agency pursuant to the federal National Voter Reglstratkm Act or 1993 {52.
U.S. C. 20501 et seq.) on or be re the 15th day prior to the election.
{3) ThE! affidavit is ~livered t the county elections official by means other than those described in paragraph
(1) and (2) on or befOre the 1 h day pliorto the election.
(4) The affidavit is submitted e~ctronica!ty on the Internet Web site of the Secretary of State pursuant to
Section 2196 on or before the 5th day prior to the election.
(b) For purposes of verifying, signature on a recau, initiative, or referendum petition or a signat_ure on a
nomination paper or any other, election petttton or election paper, a properly executed affidavit of registration
shall be deemed effective forfrification purposes if both of the following conditi_ons are satisfied:
{1) The affidavit is Signed on e same date or a date prior to the Signing of the petition or paper.
{2) The affidavit iS received b the county elections official on or befol'l! the date on whiCh the petition or paper
IS filed,
(c) Notwithstanding any other Jaw to the contrary, the affidavit of registration required under this chapter shall
not be taken under swam oa~h, but the content of the affidavit shall be certified as to Its truthfulness and
correctness, under penalty of rrjury, by the signature of the affiant.
(d) A pe(SOO who Is at least 116 years of age and otherwise meets all eligibility requirements to vote may
submit hiS or her affidavit of rfgtstratton as prescribed by tl:lls section. A properly executed registration made
pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18 years of age, If the
Information In the affidavit of ~glstratlon Is still current at that time. lf the information provided by the affiant
ill the affidavit of regrstratlon ~not current at the time that thE registration would otherwise pecome effective,
for his or her registration to come effective, the affiant shall provide the current Information to the proper
county elections offldal as pre ribed by this chapter.
SEC. 2.5. Section 1102 of th Sections coae, as amencled oy section 6.5 of cnapter 909 Of the Statutes of
2014, IS amended to read:
2102. (a} Except as provided j~ Chapter 4.5, a person shall not be registered as a voter except by affidavit of
registration. The affidavit of ff'4gistratlon shall be mailed or delivered to the county elections of'l'iclal and shall
set forth all of the facts requlrEjd to be shown by this chapter. A property executed affidavit Of registration Shall
be deemed effective tlPQn rec:fJpt Qf the amdavlt by the county elections otndal If rec:elv~ on or before the
15th day befOre an electiOn toibe helclln the registrant's precinct. A properly executed amdavlt of registration
shall also be deemed effectiJe upon rea!ipt of the affidavit by the -county elections official if any of the
following apply:
(1) The 'affid.ivit iS pOstmark~ on or befOre the l$th day before the election and received by mall by the
county elections offidal.
i
(2) The affidavit Is submittt;~d [to the Departmept of Motor yehldes Or- accepted by any other publiC_ agency
designated as a voter reglStralron agency pursuant to the federal National Voter Registration Act of 1993 (52
u.s.c. Sec. 20501 et seq.) on dt oefare the 15tN day before the election.
l,h
(3) The affidavit is delivered tOi the county electk>nS official by means other than ~hose desqibed In pa111graphs
{1) and {2) on or before the d.!ly before the election.
{4) The_ affidavit Is submitted jelectronically on the Internet Web site of the Secretary of State pursuant to
section 2196 on or before the- }5th day befOre the electron-.-
. '
(b) For purposes of verifYing a signature on a recall, initiative, or referendum petition or a signature on b
nomination paper or any other electlori petition or election paper, a properly exe;:uted affidavit of regiStration

,'!$tlall be deemed effective for veriMcatlor'!Jlurposes lf Qoth ortheJolloWirt9, conditions are sat,Jsfled:
(1) The affidavit is signed an the Same date or a date before the signing Qf the petition or paper.
(2} The affidavit i~ received tly the coli1'V electiOns officiaJ on or before the date OIJ whlch the petltlOn or paper
lsflled. ; ,, ,
(c) Notwithstanding any other law to tl')e contrary, the affida'o'it Of registration required l!nder this chapter shall
not be taken under sworn oath1 but the content of the affidavit shall be certified as tQ il:s truthfulness ~nd
correctness, under penalty of perjury, byl;he signature ofthe amant.
(d) A person who IS at least 16 years or age and otherwise- meets all eligibility requirements to vote may
submit hiS or her atndavlt of registration as prescr1bed by this section. A properf'f l!!xutel;l afi'Jdavlt or
n!glstratlon made pursuant to this subdivision shall be deemed effective as of the date the affiant will be 18
years of age, If the InformatiOn in the affidavit of registration is still current at that time. If the fnfonnation
provided -by the affiant ln the affidavit of fe9istration ts not current at the time that the affldevlt of registration
would otherwise become effective, for his or her registration to become effective, the 'amant shall provide the
current information to the proper county elections official as prescribed by this chapter,
{e) An individual With a disability who iS otherwise qualified to vote llU$Y complete an ~daVIt of registration
with reasonable accommodations as needed.
(f) An Individual with a disability who is under a conservatorship may be registered to vote If he or She has not
been disqualified from voting.
SEC. 3. Chapter 4.5 { commendng with Section 2260) 1s added to Division 2 or the Elections Code, to read:
CHAPTER 4.5. Callfornle New Motor Vofilr Program
2260. This Chapter shall be known and may be cited as the caufomla New Motor Voter Program.
2261. The legislature finds and declares all Of the following:
(a) Voter registration is one of the biggest baniers tt;l participation in oor democracy.
(b) In 1993, congress enacted the federal National Voter Regtstratloh Act of 1993 (52 u.s.c: sec.
20501 et

seq,), commonly known as the "Motor Voter Law," with findings recoQnizlng that the right of Citizens to vote 'fs
a fundamental right; It IS the duty Of federal, state, and local governments to promote the exerciSe_ofthe right
to vote; afld the prtm11ry purpose of the a(:t IS to Increase the numberofeUglble dtizeOs who reglste:rtovote.
(c) It is the Intent Of the Legislature tQ enact the QJ!ifomia New Motor Voter Program tO provide California
citizens t~dditional opportunities to partiCipate In democracy through el<erdse of their fondamentat, right to
vote.
2262. (a) The Secretary of State and the Department of Motor Vehid~ shall estabnsh the c;auromla New Motor
voter Program for t~e {'UI"J)OSe of Increasing opportunities tor voter registration by any person whO Is qualified
to be a voter unoe:r Section 2 Of Artlde 11 or the Cillltomla COnstitution.
(b) This chapter shall not be construed as requirtng the Oepartment Qf Motor Vehicles to determine eligibility
for voter registration and voting. Tfle s&~tary 9f state Is $0Jely respo(l:;ible for' ctetermlnloO ~ligibUit'{ for voter
registration and voting.
2263. (a) The Department of Motor Vtahlcles, In consultation with the Secretary of S~te, shall e$tablish a
schedule omt:l mettlo4 for tOE! department t~ eH~ct:roolcaUy provide tO:, the secretary Of State the records
specified In this section.

(b) ( 1) The department s~:tall provide to the se~tary of State, In a manner and methoP to be detennined by
t~ department In Cof.swtatJon with the SecretarY of state, th& l'bi10Wing information aSSOCiated wtth each
person who submits an application for a driver's license or identification card purSuant to Section 12800, 12815;
or.13000 of the Vehicle Codj!:, or whQ noti~es the department of a change of address pursuant to Section 14600
of the Vehtd~ Cot:!~;:
......,....nro~lllkn.capll"acea'biiiNWCiid.vl"Vnl~lljd=201S!l1tmB146f
111'2016 lillll Text- AB-1-461 Vd.erregl8lrallon: california New M~~ Program.
(A) Name.
(B) Date of birth
(C) ether Ot both of the following, as contained ln the department's recOrds:
(I) ReSidence address.
(H) Mailing address. '
(D) DigitiZed sJgnature, as debed In Section 12950.5 or the VehiCle COde.
(E) Telephone number, if avail ble.
(F) Emall address, If available.
(G) Languilge preference, I
(H) Political party preference. I
(I) Whether the person choose~ to oecome a pennanent vote bY man voter.
(J) Whether the person affim'/atively declined to become registered to vote during a transaction with the
department. ,
(K) A notation that the appllc1t has attested that he or she meets all voter eligibility requirements, lnctudlng
United States citizenship, spe ed In Section 210L
{L) Other Information specified, n regulations Implementing this chapter,
(2) (A) me department may provide the records descr1bed In paragraph (1) to the secretary of State before
the secretary Of State certtfle that a!l of the conditions set forth in subdivision (e) or this, section have been
satisfied. Records provided pu uant to this paragraph shall only be used for the purposes of outreach and
education to eligible voters co ucted by the Secretary of State
(B) The Secretary shall provid materials created fOr purpose$ of outreach and education as desctlbed in this
paragraph (n languages other t. an English, as required by the federal Voting Rights Act of 1965 (52 U.S.C. Sec.
10503}.
(c) The Secretary of State sha t not sell, transfer or allow any third party aa;ess to the lnfonnation acquired
from the Department of Motor ehlcles pursuant to this chapter without approval of the department, except as
permitted by this chapter and ection 2194.
(d) The department shall not ectronicaUy provide records of a person w{lo applies for or is Issued a driver's
license pursuant to Section 1 1.9 of the Vetllcle Code because he or she rs unable to sut~mlt satisfactory
proof that his or her presence 111 the United States is authorized under federal raw.
'
(e) The Department of Motor~hlcles ~hall commence Implementation of' this section no later than one year
after the secretary of State c ifles all of the following:
(1) The state has a statewide oter registration database that complies With the requirements of the federal
Help America Vote Act of 2002 52 u.s.c.
Section 20901 et seq,).
(2) The L.eglslature has app~rlated the funds necessary for the secretary of state and the, Department of
Motor Vehicles to Jmplement anl:i maintain the CaUfomla New Motor voter Program,,
(3) The regulations required blectlon 2270 have been adopted.
{f) The Department of Motor ehides snau not electronically provide records pu11:uant tO; this se~lon that
contain .:rhome address deSig ted as confidential pursuant to Section 1808.2, 1808.4, or 1808.6 of the Vehicle
Code .
2264. (a} The willful, unauthorized dlsdosure of Information obtained frOm the Department of Motor vehicles
pursuant to Section 2263 to a~ person, or the use of any false represeiltatlon to obtain any of that lnfonnatton
or the use of any Of that l!'lfo~ation for a purpose other than as stated In Section 2263, is a misdemeanor
puniShable by a fine- not exce~dlng five ttwusaOO dollars (-$5,000) or Imprisonment In t~ <;ouoty JIS!l not
hllpe:/~.legla!ahre.ca.govnae-'biiiN...CliMtxhtml?blll.Jd=2015201~<161 511
1113Q'2016 J5111 Text~ AB-1481 Voter rcgillfnlllon: ~l;lrrla New Motor Vt1e!: Progrwn.
exceeding one year, or both fine and Imprisonment.

(b) The Secretary of state shall e$tablish tile ~dentlaiJty or the iflfoonatlon_ acqu1~
procedt.~res to protect
from the Departme,t; of Motor Vehld~ P'oirs1.1ant to Section 2263.- The_ dtSl:tos~ of thiS infOrmatlon -shilll be--
governed by the lnfQrmatJori Practtces Act of 1977 (Chapter 1 {commencli'lg with Section 1798) of~le 1.8 of
Part 4 of DIVIsion 3 of the Ovil Code}, and tile secretary or
state Wlf account l'or any df&dosure~>, including
those due to sec1.1rtty breaches( In accordant@ with that act.
2265. (a) The records of a person designated In paragraph (1) of SUbdivisiOn {b) of ~etlan 2263 shaU
constlt\Jte a c:omple~d affidavit of regf~~tlon and the secretary ot state shan register- till!: pe~11; to vote,
unless any of the folloWing COnditions Is satlstled:
( 1) The person's records, as described In Section 2263, reflect that he or she affim~atlvely &!dined to tll!:come
registered to vote durtng a transaction With the Department of Motor Vehicles.
(2) The person's records, as desoibed in Section 2263, do !lOt reflect that he or she has attested to meeting an
voter eligibility requirements specified In Section 2101.
(3) The Secretary of State detennines that the person Is Ineligible to vote.
(b) ( 1) If a person who Is registered to vote pursuant to this ctlapter does not provide a party preference, his
or her party preference shall be designated as "Unknown" and he or she shall be treated as a "No Party
Preference" voter,
{2) A person whose party preference is designated as "Unknown" pursuant to this subdivision shall not be
counted for purposes of determining the total number of voters registered on the specified day precMing an
election, as required by subdlvlslon (b) of Section 5100 and subdiVIsion (c) of Section 5151.
2266. A person regtstered to vote under this chapter may cancel his or her voter registratiOn at any tlrM: .bY any
method available to any other registered voter.
ZJJ!fl. This chapter does not affect the c:onfldentiallty of a person's voter registration inFormation, whictl remains
confldenttaf pursuant to section 2194 of thls code and section 6254.4 of the Government Code and fbraU of ttle
folloWJng persons:
(a} A VlC\In'l of domestic \fio\enc!!!, sexual assault, or stalking pursuant to Section 2166,5.

(b) A reproductive health Glre secvlce provider, employee, volunteer, or patient pursuant to Sectlon2t66.5.
(c) A public safety officer purstJant to Section 2166,7,
{d) A person with a life-threatening circumstance upon court order pursuant to Section 2166.
2268.. If a person who is lneiiQI}:)Ie to vote becomes registered to vote pursuant to this chapter In the absence of
a violation by that person of section 1Bioo, that person's registration shall be presumed f6 (lave been efi'ecteQ
with omclal authorization and not the faUlt Of that person.
vot-e becomes registered to vote pursuant to this chapter and, votes or

2269'. If a person wh:Q Is fl)eliglble to
attempts to: vote In an election neld after the effective date_ or the persQn's registration.- that persori shan be
presumed to have aaed With offidal althortzatlon and shall not be gUilty of fraudulently voting or attempting
to vote purs021nt to Section 18560, urlless that person wlllf\llfy votes Qr attemptS to VQte know!~ that he or
She Is not entitled tO vote.
2270. The Secretary of State shall adopt regulations to Implement this chapter, indudlng regl{latlons addressing
both of the following:
(a) A process for canceling the regiStration ot a person wtto Is rneligibll'l; to vote, bUt became registered under
the Oti!I'Omla New Motor Voter Program In ttle absente of any viOlation by that person of Section lBloq.
(b) An edl.lcation and -Outn!!adl cam~i~n Inform!~ vote~ al;)01..1t the Canfom!a New Motor-Voter Program that
the Secretary of State Will conduct to Implement: ~is chapter. The secretary may IJSe any public and private-
funds available for this and shall provide mater1als created fOr this out~ach and educ:atlon campaign In
Bill Tt:Kt AB-1461 Vd!tt r.gl&lration: callb'Tia NeW MotorVoief program.
languages other than English, as required by the federal Votln!) Rights Act of 1965 (52 u.s.c. Sec, 10503).
SEC. 4. Section 2.5 of this b!U Incorporates amendnients to Section 2102 of the Elections Code, as amended by
Section 6:s of Chapter 909 of the Statutes of 20141 proposed by both this b!U and senate Biu 589. It _shall only
become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2} each bltl
amends section 2102 of the El tlons Code, as amended by Section 6.5 Of Chapter 909 of the Statutes of 2014,
and (3) this bill Is enacted atte Senate Bill 589, In Which case 5ectlon 2 Of this bllr shall not become operative.
SEC. 5. No reimbursement r required by ttlls act pursuant to section 6 of Article XIII B of the CaHfomia
C9nstitut1Pn because the only costs: that may be Incurred by a local agency or school dlatr1ct wJII be Incurred
because this act creates a ne ~;rime or Infraction, eliminates a crime or Infraction, or changes the penalty for
a cnme or Infraction, within thE! meaning of section 17556 of the Government Code, or changes the definition of
a clime within the meaning of 'ectlon 6 of Article Xlli B of the Callfomia Constitution.
717
PLAINTIFFS DECL.AAATIO:N IN SUPPORT OF THE MEMOIW'WUM OF. LAW' FOR

Exhibit I-3

cU-.~,m,
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Date Publbhed: 03/30/2017 04:00!
AMENDED IN SENATE MARCH 29, 2017 I
AMENDED IN SENATE MARCH 06, 2017 ,I
AMENDED IN SENATE MARCH 01, 2017

AMENDED IN SENATE JANUARY 24, 2017
CALIFORNIA LEGISLATURE- 2017-2018 REGULAR SESSION
SENATE BILL
.......... J- -.. - . . . . . . . . .. . .
Introduced by Senator De Le6n
(P ndpal coauthors; Senators Atkins, Beall, Pan, and Wiener)
(Principal coauthors: Assembly Members Bonta, Chlu, Cooper, Gomez, Levine,~
and Santiago)
,
j
!
December OS, 2016
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An act to add Chapter 17.25 (commendng with Section 7284} to Division 7 of Title 1 of thj
Code, to repeal Sectlon11369 of the Health and Safety Code, and to add Sections 3058,1~
to the Penal Code,! relating to law ~~~ aAEI de'elaFIAt tfte l:fFgeAey theFee~ te ,
' tmmedlatety. enforcement. ,
LEGISLATIVE COUNSEL'S DIGEST I

!
SB 54, as amended, De yron. Law enforcement: sharing data.
Existing law provides thjt when there Is reason to believe that a person arrested for a viola
cont;rolled substance pro lslons may not be a citizen of the United $tates, the arresting agen~
appropriate agency of th United States having charge of deportation matters. 1
This bill would repeal those provisions. I

J
Existing law provides thi!l whenever an Individual who is a victim of or Witness to a hate crime,
can give evidence In o h tc crime Investigation, IS not charged with or Wnvlcted of commlttln~
state Jaw, a peace offic may not detain the individual exdusively for any actual or susp
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vfolation or ~rt or tum the IndiVidual over to federai lmmlgi-ation authOrities. ]

This bill wouid, among other things, things 'and subject to exceptions,, prohibit sb1te and
agenties, lndudlng school pollcii: and security departmentS, from using resOurces to lnvest:fg
detain, detect, or arrest persons for Immigration enforcement_ purposes, as spedfled, The bill wou
3 months after the effective date of th~ bill, th~ AttortteY General, In cOnsultation with 1
staketJo\ders~ to publish model policies' limiting assistance Wlth immigration enforcement to til
possible for use by those entitles for those purposes. The biH Would reqUi're all pubUc schools,!
health facilities operated by the state or a political subdtvlslon of the state, and courthouses i(
locall

model policy, or an equiValent polky. The bill would stcJte that all other organizatfons and _entl~
services: related to physical or mental health and wellness, eduapon, or ac~ess to justice, lndudln
of Callfomfa, are encouraged to 'adopt the modeJ policy. The bill would require a taw enforcerrl
chooses to partldpate in a joint law enforcement task force, as deHned, to submlt_a report ever1
Department of Justice, as spedfted. The bill would require the Attorney General, within 14 n;
effective date of the bill, and twice a year tf:lereafter, to report Oo the types and frequency of joint
task forces, and other Information, as specified, and to post those reports on the Attorney Gener.!
site. The bill would require the Board of Parole Hearings or the Department of Corrections and P
applicable, to notify the Feeletel Bttre:att af Il'tveftlgl!ltieft United States Immigration and Customs
the scheduled i'elease on parole or postrelease community supervlston, or rereJease follow!
confinement pursuant to a parole revocation without a new commitment, of all persons confinec'
serving(!; current term for the conviction of a violent felerrt, eAel wattle! at:~th&Me ttte sheriff te ":
Bttreatl ef IftVestiptiaA ef the sehethtleel Aelease ef a perseR eenfined te eettnt) jail fef a mlsEieme~
Aas a prief EM!YiEtteA fer a 'lieleM feletvf, as speeifte!lo or sertous felony, or who has a prior conv!C
or serious fefony. I
This bill would state findings and dedaratlons of the Legislature relating to these provisions. ,
By Imposing additional duties on public schools, this brll would Impose a state-mandated local progJ
The california Constitution requires the state to reimburse local agencies and school dlsbicts j
mandated by the state. Statutory provisions establish procedures for making that reimbursement. I
This bill would provide that, If the Commission on State Mandates detennines that the bill contain~

by the state, reimbursement for those costs shall be made pursuant to the statutory provisions not;
I'
'V'oobte'~'' "~NfflO~-~"'~Ir"'d'"'ajority
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Appropriation: no Ascal Committee: yes local Program: yes
----- , ______ ----~---- ------~---------- ---""----------!
I
1Hll PEOPLE OF 1HE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
i
SECTION 1. Chapter 17.25 (commendng with Section 7284) i!:f added to Division 7 of Title 1 of
Code, to read:
CHAPTER 17.25. Cooperation wilh Fteral Immigration Authorities
7IM. This chapter shall be known, and may be c;lted, as the California Values Act.
7314.2.. The Leglslatt.lre nnds and declares the following:
(a) Immigrants are valuable and essential members of the calttomia community. Almost one In
Is foreign born and one in two children In catlfomla has at least one immigrant parent.
(b) A relatlonship of trust betwetm california's lmmtgrant community and state and local agendes
public safety of the people of california. ' !
(c) This trust is threatened when state and local agendes are entangled with federal immlgratij
wtth the result that immigrant community members fear approaching, pollee When they are I
witriesses to, Qimes, seeking basic health services, Or attending school, to the detriment of publt
well-being of aU Callfomfans. I
(d) Entangling state and local agendes with federal Immigration enforcement programs diverol

resources and blurs the lines of accountability between local, state, and federal governments. ~'
(e) State and local participation In federal immigration enforcement programs also raises consti
1!1duding~~e~~~ ,tp~LQ!!IPm~ ~,~!:!.~Y~~..~~Jne<t_J!!_yj5JJ!tl_~!'- J?Lthe Fol!rtt~ A_,
United States Constitution, targeted on the basis of race or ethniclty In violation of the Equal Prob
denied access to educaUon based on Immigration staU;~s
(f) This illct seeks to ensure effective policing, to protect the safety, well-being, and constltutlot
people of California, and to direct the state's limited resources to matters of greatest concern b:
governments,
7!1. For purposes of thlsichapter, the following terms have the following meanings:
I
(a) "California law enfortj:ement agency" means a state or local law enforcement agency, Including
security departments. ,
(b) "Civil Immigration warrant"' means any warrant for a violation of federal civil Immigration law, c
immigration warrants entered In the National Crime Information Center database.
(c) "Federalimmlgraticm uthorlty" means any officer, employee, or person otherwise pard by or a<
of United States Immlgr tlon and Customs Enforcement or United States Customs and Border P1
division thereof, or any ther officer, employee, or person otherwise paid by or acting as an age
States Department of Ho eland Security who Is charged with immigration enforcement.
(d) "Health fadllty" lnd es health facilities as defined in Section 1250 of the Health and Safety
defined in Sections 1200,and 1200.1 of the Health and Safety Code, and substance abusetreatmer
(e) "Hold request," "notl cation request,"' "transfer request," and "local law enforcement agency'
meaning as provided In ectlon 7283. Hold, notification, and transfer requests Include requests I
States Immigration and ustoms Enforcement or United States Customs and Border Protection as \
federal immigration auth ritles.
(f) "Immigration enforce ent" includes any and all efforts to Investigate, enforce, or assist in the
enforcement of any fede I dvll immigration law, and also indudes any and all efforts to Invest!~
assist in the lnvestigatl(ln or enforcement of any federal criminal immigration law that pena
presence In, entry, or rE$ntry to, or employment in, the United Stetk:s, il'ldtuiirtg, But net UmlteB
SeetieA 1253, 1324e, nts, er 1326 ef Title 8 ef !:tie l:1FIH:eB St:ates Cede, States. "Immigratron en
not indude either of the ipflowlng:

(1) Efforts to Investigate,[' enforce, or assist in the lnv~tlgatlon or enforcement of a vlolatfon of SE
Title 8 of the United Sta$ Code that may be subject to the enhancement specJf!ed In Section' 1321
of the United States Code and that is detected during an unrelated law enforcement activity.
(2) Transferring an lndlv ual to federal Immigration authorities for a violation of Section 1326(a)
United States Code that subject to the enhancement specified in Section 1326(b)(2) of that title
has been previously con cted of a violent felony listed in subdivision (c) of Section 667.5 of the Pe
(g) "Joint law enforcem nt task force" means a California law enforcement agency collaboratlr
partnering with a federal law enforcement agency In Investigating, Interrogating, detaining, detect
persons for violations of eral OT state crimes.
(h) "Judicial warrant"' ns a warrant based on probable cause and issued by a federal juc
magistrate judge that au otizes federal Immigration authorities to take Into custody the person w
of the warrant.
(I) "Public schools" mea s all public elementary and secondary schools under the jurisdiction of
boards or a charter scho I board, the <:allfornla State University,. and the California Community Col
Ul "School police and s urity departments Includes pollee and security departments of the
University, the California: Community CoUeges, charter schools. county offices of education, sch
districts.
nau. (a) California law en~rcement agencies shall not do any of the following:
{1) Use agency or deparltment moneys, facilities, property, equipment, or personnel to lnvestlg
detain, detect, or arrest fersons for Immigration enforcement purposes1 indudlng, but not limite
following: ,
(A) Inquiring into ef eelk!el:iflg iflfermatlel'l abel:lt an individual's immigration stattis, exeE!J!t as ret
~ Se:etiel'l 92i(d)(S) efi"fil:le 18 ef the UAited Stet~ Cede. status.
(B) Detaining an lndlvlduij!l on the basis of a hold request.

'
(C) Responding to requests for n_otification er ""*' ~~tt~l!s. by provfdlng release dates or o

unless that Information Is available to the public.
(D) Providfng information regarding a peson's release date unless that informatiOn fs available tot
(E) Providing er re51'endin" l!e t'efltte9e fer Ael'lpttbllely e\'allalde personal Information abou
including, but not limfted to, 1Afef'l'tl81!1en aheut ttte l"!fHA's releHt dak,_ heme- aeklre:191 the 11
address or work address Mr IMmi;tatiert enfereemeftt ptt.,ees. unless that InformatiOn Is availabh
(F) Making arrests based on civil immigration warrants.
(G) GiVIng fe.deral Immigration authorities access to interview lftdi~dttals an indiVidual in agen~
ettst:pdy fer immigr:aijon eftforeeMent pttrpeses, custody, except pursuant: to a judicial warrant; ar
with Section 7283.1.
(H) Assisting federal Immigration authorities in the activities described in Section 1357(a}(3) c
United States Code.
(1) Performing the functions of an Immigration officer, whether pursuant to Section 1357{g) of Titb
States Code or any other law, regulation, or policy, whether formal or Informal.
(2) Make agency or department databases, Including databases maintained for the agency or
private vendors, or the Information thereJn other than Information regarding an individual'
Immigration status, available to anyone or any entity for the purpose of immigration enforcement.

in existence on the date that this chapter becomes operative that conflict with the terms of thl
terminated on that date. A person or entity provided access to agency or department database
writing that the database will not be used for the purposes prohibited by this section.
(3) Place peace officers under the supervision of federal agendes or employ peace officers dept
federal officers or special federal deputies except to the extent those peace officers remain subject
governing conduct of peace officers and the policies of the employing agency.
{4) Use federal Immigration authorltles as interpreters for law enfon:ement matters relating I
agency or department custody.
(5) Transfer an Individual to federal immigration authorities unless authOrized by- a judicial v
violation of Section 1326(a} of 71tle 8 of the United states Code th<~t IS subject to the enhancer.
Section 1326(b){2} of T1tle 8 of the United states Code and the individual has been previous~
violent felony liSted In subdlvfslort (c) of Section 667.5 of the Penal Code.
(b) Netklng Notwithstanding the Hmltatlons In subdivision (a); nothinQ in this section shall preve.
law enforcement agency from doing any of the followfng:
(1) Responding to a request from federallmmlgratlon authorities for Information about a specJflc 1
history, Including previous crlmlnel arrests, convictions, and sftnllar criminal history' lnfonnatlon a
the California law Enforcement Telecommunications System (CLETS), where otherwise permitted b
(2) Participating In a joint law enforcement task force, so long as the primary purpose of the joint
task force is not immigration enforcement, as defined in subdivision (f) of .Section 7l84,
partidpatlon In the task fora! by the California Jaw enforcement does not violate any local law
jurisdiction In which the agency is operating.
(3) Making Inquiries Into Information n~ry to cert!f'y an individual who has been ldentiffeg_ as<
or trafficking vktlm for a Tor U VIsa pursuant to Sec.tlon 1101(a){15)(T) or 1101(a){15)(U) of Tltl1
states Code or to comply with Section 922(dXSJ of Title 18 of the United States Code.

(4) Responding to a no~ation request from federal immigration authorities for a person who Is Sf
the convlct:Jcn of a misdemeanor or felony offense and has a current or prior conviction for a v/oler
subdMsion (c) of Section 667.5 of the Penal COde or a serious felony fisted in subdivision (c) of S
the Penal Code, provided that response would not violate any local Jaw or policy.
(c) If a California law enforcement agency chooses to partldpate In Iii joint law enforcement tit
subn)it a report every six months to the Department ()f Justice, as specified by the Attorney G_fM!.er
ageney er ~e Attemey Generel may detefMIRe a rq,enot; in whole or In jMII't, l:s net a pttblle rteel'f
ttrte Qllifemla Pt:tblle Reeefds A Jntl'91:1aAt te Sl:lbdiVislon (f) of Seetion 6~4 to pl"e:\'ent the disefo
' . ' Then
for 'each task force oper; f:/Qn, the purpose ar the task forte, the federal#_state, and local law enfon
Involved, the number of California law enforcement agency petsonnef Involved, a description of c
any federal and state ~, and a description of the number of people arrestee/ for lmmigrat
purposes. The reporting gency or the Attorney General may determine a report, In whole or In ;.
subject to disclosure pu uant to subdivision (f) of section 6254, the CafifomiB Public Records A
that dlsdosure of a far Item of infbtmation would encftJnger the safety of a person
Investigation or would endanger the successful completion of the tnvestfgatfon or a related investig.
(d) The Attorney Genera. within 14 months after the effective date of the act that added this sed
year' thereafter, shall re- ort on the types and frequency of joint 'law enforcement task forces.
Include, for the reportln period, assessments on compliance with paragraph {2) of subdivision
california law enforcem t agendes that participate In joint law enforCement task forces, a
enFofcement task forces operating In the state and their purposes, the number of arrests made
joint Jaw enforcement sk forces for the violation of federal or state crimes, and the number
associated with joint Ia enforcement task forces for the purpose of immigration enforcement I
participants, Including fe' erallaw enforcement agencies. The Attorney General shall post the rep
this subdivision on the mey General's Internet Web site.
(e) Notwithstanding any ther law, in no event shall a California law enforcement agency transfer
federal Immigration auth rlties for purposes of Immigration enforcement or detain an Individual c
federal immigration auth titles for purposes of Immigration enforcement absent a judicial wal'fftl'lt:
as provided In paragraph (4) of subdivision (b). This subdivision does not limit the scope of subdivi:
(f) This section does not' prohibit or restrict any government entity or official from sending to, 01
federal Immigration auth rltles, InfOrmation regarding the citizenship or immigration status, lawft
an indivldual pursuant to ec.tions 1373 and 1644 of Title 8 of the United States Code.
mu. The Attorney Gene I, within three months after the effective date of the act that added
consultation with the ap ropriate stakeholders, shall publish model polldes limiting assistance 'f
enforcement to the full extent possible consistent with federal and state law at public schools,
health facilities operate by the state or a political subdivision of the state, courthouses, D
Standards Enforcement cllities, and shelters, and ensuring that they remain safe and accessible
residents, regardless of l~mlgratton status. All public schools, health facilities operated by the st
subdivision of the state, and courthouses s]1all Implement the model policy, or an equivalent
organizations and entltl that provide servlces related to physical or mental health and welln~
access to justice, lncludi the University of California, are encouraged to adopt the model policy.
1-.10.The provisions of Is act are severable. If any provision of this act or Its application is I"
Invalidity shall not affect other provisions or applications that can be given effect without the tnv
application.
SEC. 2. Section 11369 o~ the Health and Safety Code Is repealed.

SEC. 3. Section 3058.10 s added to the Penal Code, l:o read:
to Inmates sentenced pursuant to subdlvislc
-..tiL (a) The Board of P role Hearings, with respect
1168, or the Departmen ,of Correctlons and Rehabilitation, with respect to Inmates sentenced pur
1170, shall notify United States Immigration and Custom$ Em
scheduled release on pa le or postrelease community supervision, or rerelease following a perloc
pursuant to a parole revocation without a new commltmentr of an persons confined to state 1
current term for the con~ction-ef of, or who have a prior conviCtion l'br, a violent felony listed In s
Section 667.5. 667.5 or serious felony listed In subdfvfsfon (c) of Section 1192.7.
(b) The notification shall e made at least 60 days prior to the scheduled release date or as soon
notification ~nnot be rovided at least 60 days prior to reJease. The only nonpublldy av
information that the noti cation may Include ts the name of the person who is scheduled to be 1
scheduled date of release~
~~~E~s==sE~ I
and the setleEtti}ed dBle ef' releue,
8&C. &.SEC~ 4. If the Commlssloo on State Mandates determines that this oct contains costs

state, reimbursement to- local ag_encies and school dlsbicts for those costS shall be made pu
(commencing with Section 17500) or Division 4 of lltle 2 of the Government Code.
eeflstft:tJtiA~ ttte Re~ af'(::
~~~=-=~

J.
PLAINTIFF'S DEC' TION IN SUPPORT OF THE MEMORANDUM.QF LAW FOR
PLAINTIFF'S CQ'MitNED RESPONSE TO DEFENDANTS' MOTION TO DISMISS
THE PETDlON WITH COMPLAINT
Exhibit 1-4

Calif. To Consider Enacting Statewide Sanctuary
JanUBI)' 30.2017 11:18PM
l'lad Under: Immigration, S.nGtu.ry, trump
USTENUVE
FOLLOWU~ON

0 SACRAMENTO (CBSLA.com/AP)- California may prohibit local law
enforeen\ent from cooperating with federal immigration authorities,
H aeatlng a boRter..to-border sanctuary In the nation's largest state as
-
legislative Oernocrirta ramp up their efforts to battle President Donald
Trump's migration policies. 11!1 SKm UO for Nfiws!Bttftm
The legislation Is scheduled for its first public hearing Tuesday as the
Senate ruShes to enact measures that Democratic lawmakers say would
ll!!1!!1li!'"lmmlgrants from the cta<:kdown that the Republloan president
has ptomiaed.
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Detained; Tn.mp. ..
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'Mllle many of Caltfomla's~' cities- including Los Angeles, San Mayor Gemelti: 'f.A Wit AMay1
Franc:ieco and Sacramento have so-called sanctuary polteies that Btl A Plllce Of Refuge!
prohibit police from coope ,9 with immigration authorities, much of the
state does not FOR YOU
RELATED- Mayor Garcett~:

.LA Will Always Be A Place Of Refuge'
The Democratic legislation, en by Senate President ProTem Kevin

de Leon of Los Angeles, com up for debate less than a week after
Trump signed an order threatening to withdraw some federal grants from
jurisdictions that bar officials communicating with federal authorities Tlllllllntt At Rlvnlde
about someone's immigration Apartment Complex Tab DoNn
car
Slllpect< Serial Bu. .
The senate Public 8afety C mittee considers 5854 Tuesday morning.

The Judiciary Committee will so con-r last-tracked legislallon that
would spend state money, in~ amount thai has not been disdosed, to
provide lawyers for people racrn deporiBUon.
SOme Republicans have 3:'

policies, saying bombastic
the Demoaatic reaction to Trump's
. c and provocative legisleUOO will Inflame
tensions with the president an harm California
The debate over sanctuary citi~ reached a fevered pitch in 2015 after
Kate Steinle, 32, was fatally st.Pt
In the back Juan FranQteco t.oPez
Sanchez, who was in the counirY illegally after muftipre deportations to his
natiVe Mexico, Lopez..S.~ who told pollee the gun fired by acoldenL
------------
had been released rrom a san Francisco ]all despite a request rrom
federal immigration aUthorities that he be held In aJ8tody for poaalble
deportation. Trump often cited lhe Steinle caae during tile campaign.
Many other cities and counties in Califomia also refuse to detain

immigraniS for deporjallon agOflls out of lagal """"""' after a federal
court ruled lhat lmmigraniS can1 be held In jail beyond their scheduled
relaase - . . Since !han, federal agOflls have been asking looallaw

:::::;~::::,:;:information about immigrant$ they're
(TMand@
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More From CBS Los Angeles

PLAINTIFFS DECLARATION IN SUPPORT OF THE \WEMORANDUM OF LAW FOR
PLAINTIFF'SCO~~::os:~~~MOTIONTODISMJSS
Exhibit J-1

. guardian
Non-dtizens in New York City could soon be
given the right ~o vote
New Yorlc City council is currently drafting legislation that would allow all legal residents, regardless ofUS
citizenship, the right to vote in city elections
Kanisbk Tbaroor
Thursday 2 April 201514.45 EDT
!
New York City is routinely described as a "global hub", a place so thoroughly penetrated by
international capital and migr!ltion that it seems at once within and without the United States. It
is the centre of American colerce and media, but its politics, demographics and worldly
outlook make the Big Apple outlier.
NewYorkmay be about to be me even more distinct. The left-leaning NewYorkCity council is
currently drafting legislation that would allow all legal residents, regardless of citizenship, the
right to vote in city elections. Uthe measure passes ioto law, it would mark a major victory for a
voting rights campajgn that5 to enfranchise non-citizen voters in local elections across the
country. A few towns already ermit non-citizen residents to vote locally, but New York City
would be by far the largest j on to do so.
'
Under the likely terms of the legislation, legally documented residents who have lived io New
York City for atleast six months will be able to vote io municipal elections. Reports suggest that
the city council is discussing e legislation with Mayor Bill de Blasia's office, and that a bill might
be introduced as soon as this ring.
While the legislation stands a ood chance of sailing through the council and even wiunlng the
approval of the mayor, the p ect of New York City enfranchising its residents has stoked
controversy. Many Americans d the idea ofnondtizen voting entirely unpalatable and fear
that it undermines the sancti and privilege of citizenship.
Advocates for non-dtlzen vo in New York City argue that it would right a glaring wrong.
Invoking the ancient Ameri battle cry of"no taxation without representation", they point to
the enormous numbers of non-citizen residents who pay taxes, send their children to public
schools, are active members o their communities, but have no say in local elections.
"People are New Yorkers In pr found ways without being dtizens of the us; said Ronald Hayduk,
a professor of political science at Queens College and a member of the Coalition to Expand Voting
Rights. Non-citizen residents ontribute $18.2bn to New York state in Income taxes every year.
According to a 2013 Fiscal Po cy Institute study, 1.3 million people In NeW York City over the age
of 18 are non~citizens (a full~.. % of the voting age pc;>pulation). Adjusting the figure to account for
undocUmented migr!lnts, the tudy claims that about one million more New Yorkers would be
eligible to vote were the bill ssed.
rn the immigrant-heavy borough of Queens, non-citizens makeup as much as half of the

population in areas like Jackson Heights, Elmhurst an!l Corona. rn parts oflll:ooklyn and the
Bronlf, they make up well a11er a thirifof certain districts. "'t'svezy differenUnNew York than iil
middle AmeriCa," said Jerry Viittamala, a staff attorney at the Asian American Legal Defell$e and
Education Fund.
Supporters of the legislation claim that politicians can overlook the needs ofentire conununities
if non-citizens don't have voting rights. According to Vattamala, cguncil redistricting has
deliberately carved up many immigrant neighborhoodS, pOrtioning their non-citizen residents to
several districts.
"Elected officials salivate at the prospect of districts with people they don't have to respond to,"
he says. "Many of these conununities have lots of non-naturalized residents or newly naturalized
residents who are not yet practiced in voting. Tfu!y get treated like human fillers. Advocates
believe that legal residents should have a say in the daily matters that affect them, like
transportation, public safety, affordable housing, language access and translation services,
sanitation, schools and parks.
Democratic city councilman Daniel Dronun, the bill's architect, represents District 25, which
includes parts of Jackson Heights and Elmhurst. Enfranchising non-citizens would make
conununities like mille more important to city-wide and state officials," he said. "We can't ignore
themiftheycan vote."
Like local elections elsewhere in the US, local elections in New York City suffer from shrinking
turnout; 24% of eligible voters cast ballots in the 2013 election that brought DeBlasio to office, a
new low. "It's ironic that people think national or state elections are more important than local
elections, when they better detennine lived day-to-day realities," Hayduk says. "If there were 1
million new voters in New York City, voter rtnnout would increase.
More importantly, Hayduk says, non-citizen voting would refresh local politics to better reflect
the needs of city residents. "lt would produce new issues, new candidates, and new outcomes."
He offered an example from the 19805. From 1969 to 2002,non-citlzen New Yorkers equid vote
in conununity school board elections (the school board was abolished in 2003). Civic groups
encouraged thousands ofDotninicannon-citjzen residents of Washington Heights to vote in
school board polls. Their participation eventually forced the administration of Mayor Ed Koch to
direct greater resources to neglected schools.
Dronun tried two years ago to advance legislation onnon-cjtlzen voting. He had won the supp~;~rt
of 35 of the city cguncil's 51 members, forming a veto-progfrnajority. But he faced the
obstnlction of then CQuncil speaker Christine QUinn and the unbreakable opposition of the
Bloomberg administration. "The speaker and the mayor didn't 'want (the legiSlationlio go
forward," Dronun said. "The speaker Eixerted power over the council's conunittees. The
legislation stalled on the CQuncil floor.
Two years later, political circumstances make .its passage much more tenable. The current city
cguncil speaker, Melissa Mark-Viverito, supports the propQSal. While he hasn't given his expli.cit
backing, De BlaSia daims that be rentains open to debate on non-citizen voting. Tfu! mayor has
launched other pro-immigrant reforms, like the municipal ID card scheme.
-------------T-
'AsNewYorkCitygoes,sogoestberestoftheworld'
The city council's three lonely Republicans have repeatedly voiced their opposition to non-citizen
voting. Two oi;'them come from the Republican redoubt of Staten Island and represent districts
with very few non-citizens, 4% and to% respectively. The third, Erlc Ulrich, represents a Queens
district where one--fifth of resi ents are non-citizens. "The right to vote is a privilege and a sacred
obligation that citizens have e joyed. It should only he for United States citizens, he told
Newsday. "It's also a reason people who are on a path to citizenship to aspire to citizenship.

It's something for them to loo forward to?'
Peter Schuck, an emeritus pro essor of law at Yale University, also worries about the dilution of
citizenship. "My guess is that t would cause many Americans to wonder what the point of
citizellllhip is if anyone can vo e without even bothering to learn or be committed ellough to
apply for naturalization," he s d via email.
According to Vattarnala, this e phasis on the meaning of citizenship misrepresents the very
llrnited, local scope of non-ci en voting. "Did school board elections- where non-naturalized
parents with children in local ools voted - defile the sanctity of citizenship?" he says. "It's
about effective representation If people live here and pay taxes, they have a stake in the city:'
Permitting non-citizen voting uld also address the fact that pathways to citizenship are not as
straightforward as they were r immigrants in the 19th and early 20th centuries. "It's more
complicated and expensive ndw compared to a century ago, when it was much easier, faster, and
cheaper to become a citizen," yduk said. He argues that far from being a disincentive to
citizenship, non-citizen vo would empower New Yorkers and serve as a vehicle for
integration, fostering "thee ence of the practice of citizenship". Vattamala agrees. "Most
people engaged enough to vo in municipal elections will become citizens," he said.
Citizenship has not always be<in
' the prereqnisite for suffrage in the US. During the first 150 years
of American history, nonci ns were allowed to vote in 40 states and territories. "Alien
suffrage was whittled away the late 19th century and early 20th centuries, coinciding with
large waves of migration from astern and southern Europe. A xenophobic 1902 Washington Post
editorial captured the politic mood, bemoaning the marked and increasing deterioration in the
quality ofinunigration" and ft tting that the newcomers were "men who are no more fit to be
trusted with the ballot than !J$ies are to be furnished with friction matches for playthings".
"Voting in America has cons*y changed," Dromm said. "We have an evolving understanding of
suffrage. Women and African ericans were given voting rights. Now it's time to restore those
rights to non-citizens:'
:
Currently in the US, six small towns in Maryland allow non-citizen voting in local elections.
Chicago lets non-citizens vote in its school elections. Non-citizen voting exista elsewhere in the
world, chiefly within the cont~f supranational arrangements like the European Union, the
Nordic Passport Union and th British Commonwealth. But many countries extend suffrage more
broadly, like f'lew Zealand and e, where permanent residents are allowed to vote regardless of
their nationality, and Colombia and Ireland, where foreigners can vote in local elections.
Advocates ofnon-citizen voting belleve that a victory in New York City would have tremendous
symbolic importance in their elforts to expand voting rights across the country
"As New York City goes:' Dro~ said, "so goes the rest of the world."
.~-
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PLAWTIFF'S DE(;LARI\TION IN SUPPORT OF THE MEMORANDUM OF LAW FOR
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IN'C
OverviewNewsMayor's BloOfflciafs
Mayor de Blasio Launches Voter Registration

Forms in Five New Languages, Expanding
Access to Voting
July 14, 2016
Voter registration forms now available in Russian, Urdu, Haitian Creole, French and Arable
NEW YORK- As part of the administration's efforts to expand voting participation and access, Mayor
Bill de Blasio today announced the launch of voter registration forms in five new languages: Russian,
Urdu, Haitian Creole, French and Arabic.
"No one should be disenfranchised because of their language," said Mayor Bill de Blasio. uThese voter
registration forms in five new languages will help us involve even more New Yorkers in the voting
process. New York is a city of immigrants, and these forms will help New Yorkers of every background
cast their ballots on Ele<;tion Day.'
"With these new voter registration forms, we are sending a clear message: civic participation matters for
all New Yorkers, and all citizens should be able to exercise their righlto vote," said CommJSsioner
or
Nlsha Agarwal ofthe Mayor's Offlce Immigrant Affairs. "New York City is the most diverse city in
America, with over 200 languages spoken. With this announcement, the de Blasio administration has
now ensured that there are accessible voter registration forms for 80 percent of Limited English

Proficient eligible voters in New York City, and we will continue to expand these efforts in 2016.'
The administration has already taken multipl~ steps to increase participation in the electoral process and
reduce barriers to voting. The Mayor issued Directive #1 expanding the requirements for agency-based
voter registration, Including a requirement that 19 agenCies provide assistance With completing voter
registration forms if requested, and has worked with the City CounCil to expand the agenges covered by
the taw. Additionally, the administration is currently implementing a pilot proje<;t to provide electronic,
agency-based voter registration.
The new forms will be available on the Campaign Finance Board website (www.nyccfb.info/), which I$
also found on the homepage of NYC.gov under "Register to Vote,'
The City will also add additional voter registration form languages in the coming months beyond the five
new languages announced today, with the aim to provide translated versions in the top languages
spoken by limited English proficient eligible voters, Previously, the voter registration forms were
available in English, Spanish, Chinese, Korean and Bangia.
Commissioner Nisha Agarwal of the Mayor's Office of Immigrant Affairs announced the launch of five
new form languages at Komecrest Library in BrOoklyn, where she- was joined by the eampa;gn Firlltne
BOard, elected offiCials, community-based groups and leadership from the Brooklyn Public Library. A
number of immigrant community organi<:Qtions partnered with the Mayor's Office on this. initiative,
including MLDEF (Asian American Legal Defense and Education Fund), African Communities
Together, Arab-American Family Support Center, GAMBA, Make the Road New York, MUNA NY and
Shorefront YM-YWHA of Brighton-Manhattan Beach.
Many New Yorkers may be e/igib,le for citizenship and the benefits it provides, inCluding voting. The City
is also providing support to immi rants who want to become U.S. citizens through its NYCitit.ensh/p
program, which Mayor de Blasia launched this year. As part of NYCitizenship, New York City residents
receive appointments with a trus ed attorney for help with citizenship applications, information sessions
about the citizenship process an Its benefits, and free and confidential financial counseling. u.s.
citizenship gives residents the ri ht to travel with a U.S. passport. vote in elections, and access more job
opportunities. To learn more, visil www.nyc.gov/citizenship.
I
Amy Loprest, Executive Directtr of the New York City Campaign Finance Board said, 'Today, New
York City is sending a simple me sage to all its citizens: that we want you to vote, that your voice
matters, and that our city works etter when your voice is heard. Providing these registration forms in
five new languages shows that tlje city is committed to broadening access to the democratic process for
all voters."
"With these new voter registratio forms, we are empowering more of New York City's diverse
communities to vote, which in tu strengthens the vibrancy of our democracy. Forms written in Arabic,
French, Haitian Creole, Russian, and Urdu will allow the voices of immigrants in this city to be heard,
especially the thousands of Broo lynites who live in these languages every day. Every citizen has a right
to be engaged in civic life, no maper what their mother tongue may be," said Brooklyn Borough
President Eric Adams. ~
"As New York City continues tog ow as a multi-cultural society, the different languages spoken by our
citizens grows as well. I commen Mayor Bill de Blasia for his commitment to eradicate the language
barrier that has kept many great Citizens of New York from their constitutional right to have a voice in the
Democratic process. The launch' f the voter registration forms in five new languages: Russian, Urdu,
Haitian Creole, French, and Ara c now reflects the rich diversity of our community," said State Senator
Roxanne J. Persaud.
State Senator James Sanders r. said, "It is our duty and our responsibility as Americans to make our
voices heard. We have the powe to effect change, but we lose that power when we don't exercise our
right to vote. Our diverse city rep esents a melting pot of cultures. By expanding the languages in which
voter registration forms are avail ble, it is my hope that more New Yorkers will sign up to take part in the
Democratic process."
"I have long supported and advo ted for legislation that would make voter registration materials
available in more languages, I a pleased that this step is being taken. Now, more American Citizens,
regardless of the language they peak, will be able to partie/pate in the process. This truly reflects the
greatness of our democracy," sai State Senator Marty Golden.
"Until toctay, the battle to make th voting process accessible to more non-English speaking New
Yorkers has been a frustrating on that's spanned many years and several administrations," said
Assembly Member Steven Cymbrowltz, whose legislative efforts to mandate Russian-language voting
materials dates back to 2007. "!~grateful to Mayor de Blasia for taking this bold step to ensure that
many more thOusands of New Yo ers have the ability to participate in the democratic process. I'm
equally pleased that the Mayor ose to make this announcement in my district, where so many
Russian-Americans wilf be posit/ aly impacted."
.
"I applaud Mayor Bill de Blasio tor answering the call of a cross-section of immigrant speaking
popula~ons by making voting materials available in Haitian Creole, Arable, French, Russian, and Urdu,"
said Assern!l!Y f!!ember Rodneyse Biei!Otte, Who is Haitian-American, and speaks CreOle. our
communities and adVocates have been aSking for this change for years, and for people in my
district, which Is a highly populated immigrant district with Haitian-Creole being the first spoken language
for many ()f the residents, this small change makes a big difference. I am personally proud as this
addresses one of the voting rights bllls that I introduced on the state level, which sought to meet the
need of districts with high Hattlan-Creole speaking populations throughout Jllew York State.. It Is another
way that the Mayor is making good on his promise to make New York a more inclusive city, especlli!IIY
and most importantly to new Americans whose voting rights are being protected ood preserved."
"For far too long, potential voters fOr whom English Is a second language have been disenfranchised
because voter registration forms have been unavailable to them in lheir native tongue. I applaud the
New York City Board of Elections for making these new fOrms available, and loa~ forward to working
With them to remove remaining barriers that prevent voters from fully exercising their right to vote," said
Assembly Member Helene Weinstein.
'I applaud the Mayor, the Office of Immigrant Affairs and Council Member Treyger fOr breaking down
language barriers and making voter registration forms accessible in more languages in New York Ctty,"
said Assembly Member Pamela Harris. 'We must do more to create an inclusive voting process, and
that starts with being able to read and understand election matefials. Today, we are one step closer to
fairer civic engagement and giving more New Yorkers the opportunity to get involved in our
communities."
"The Mayo~s Office of Immigrant Affairs decision to include a greater variety of languages for voter
registration forms is a great first step fOr improving the quality of services to our neighborhood voters. It's
vital that more steps are taken to make voters' experiences at the ballot easier and more efficient This
decision will hopefully encourage more people to come out and vote," said Assembly Member William
Colton.
"One of the many strengths of being a New Yorker is our diversity -whether that Is our different
backgrounds, many languages and cultures. Adding additional voter registration form languages Will
build upon this strength and make sure that all members of our community can be involved in the \toting
process," said Assembly Member Latoya Joyner. "Our commun~ies include families from all walks of
life and different countrles - ensuring that all Bronxites and New Yorkers know how to become more
civic-minded Will guarantee that everyone has a voice."
'In the woMd's capital, one's language shoUld not be a t>arrier to civic participation" seld A!l$emt>ty
Member David Weprln. As the Assembly member who represents one of the most diverse districts in
the city, 1applaud Mayor Bill de Blasia and Commissioner Nisha Agarwal of the Mayor's Office of
Immigrant Affairs for taking this step towa(ds ensuring all New Yorkers have a volc;e in their
government.'
"As diverse as New York City is I'm surprised that this hasn't happened earlie(' said. Assembly Member
Alicia Hyndman. ''We are so thankful that the Mayor has provided leadership on this pertinent Issue."
"Our elections sy~em needs major improvements. People are not voting .and many who try to vote are
frustrated when they go to the polls. I applaud this effort to boo\!! voter Information by prinfing brochures
and forms in many more languages. It's a necessary and cost efiective first step to reforming New York's
antiquated voting process," said Asslstanl. Assembly Speal<er Felix W, Ortiz.
--------------r------------------ --------
"Making our elections more accessible and voter-!iiendly for all New Yorkers remains one of our great
unmet challenges,' said Assembly Member Brian Kavanagh. "While we continue to push for
CQmprahensive reform through IJgislation and better election administration, it is great to see the Mayor
step up by helping to ensure tha language is not a barrier to participation.
"Language must not be a barrier far eligible voters In New York City. I applaud Mayor Bill de Blasia for
recognizing this truth and for pro\liding voter registration forms In more languages. Doing so accelerates
civic engagement in the immigrl't Cllmmunities that contribute so much to New York's culture and
economy, said Council Membe Carlos Menchaca, Chair of the Committee on Immigration.
"New York City Is one of the mo diverse cities in the world, wtth hundreds of different languages
spoken,' said Council Member halm Deutsch. 'His critical that nobody is excluded from exercising
their democratic right to vote sim ly because of a language barrier. As the representative of a multi-
lingual district, I provide funding or ESL classes, as well as doing educational outreach and offering
social services and entitlement s rvlces for those who do not spMk English as a first language.
Providing voter registration form in several new languages is an important step forward as New York
C1ty becomes even more inclusir and supportive of the cultural diversity that is all around us. Thank
you Mayor de Blasia and Commi sioner Agarwal for your continued advocacy on behalf of all New
Yorkers!"
"As the proud son of immigrant~rom the former Soviet Union, the first Russian-speaking City Council
Member, and the elected repre ntative of many immigrants from all around the wand, I applaud the
administration for providing vote registration forms in 5 additional languages, expanding on previous
efforts by the New York State Le islature and grassroots community movements to ensure that all
eligible New Yorkers can registe~ to vote, regardless of what language they speak. With the low levels of
voter enrollment and turnout thatte see today, tt is imperative that we continue to break down barriers
to voter participation throughout e electoral process. The translation of registration forms is an
important first step, and I look fo rd to working with Commissioner Agarwal and Mayor de Blasia on
ways to extend this increased la~guage access to polling places during elections," said Council
Member Mark Treyger. ~
"By providing voter registration rms to individuals in their native language, we are making voting mora
accessible to the many different eople that make up our city,' said Council Member Mathieu Eugene.
"New York has struggled with a lqw voter turnout-but it's up to us in government to remove the barriers
that prevent too many people from voting. The new voter registration forms available in Haitian Creole
and French, as well as three oth~r languages, will empower voters throughout our city and help ensure
that everyOne has an equal opportunity to make their voice heard."
"New York City is a melting pot. lihe distlict I represent, Flushing, is one of the most c!iverse in the city,
With such language and cultural ~iversity, I am committed to enhancing access to public resources and
information. Thanks to Mayor de "lasio and the Mayor's Office of Immigrant Affairs for expanding
language services to the Russian, Haitian, Creole, French, and Arab communities. I urge all New
Yorkers to take advantage of our city's multilingual voter services, to register to vote and raise your voice
on the election day," said Councl~ Member Peter Koo.
"The City's libraries are centers of civic engagement in our neighborhoods and we are proud to partner
with the Mayor's office to improve voter outreach and registration," said Linda E. Johnson, President
and CEO of Br'ooklyn Public W~rary. "As a growing number of our pattons speek languages other
than English, providing voter inforation in additional languages is so critical to ensuring participation in
our democratic process."
"The Shorefront YMYWHA .is pleased that the Russian speaking community, as well as other immigrant
communities in NYC, now will have greater acCess and understanding of the voter registt~on
process. We anticipate that even more Immigrant residents who now have informa~on and forms in the
language they best understand will become civically active because of their increased voter registration
access, said Sue Fox, Executive Director of Shorefront YMYWHA.
"At AAFSC, our mission is to empower new immigrants with the toots they need to successfully
acclimate to the wortd around them, and to became active participants in their communHies. Our staff
and volunteers work every day with Arab, Middle Eastern, Muslim and South Asian Immigrants from all
five boroughs who need the vital support: of our Adult Literacy and English dasses, and our linguistlcally-
oompetent social services. Arabic is currently the 4th most widely spoken language among English
language learners in New York City, and we are thrtlled that Mayor Bill de Blasia has taken this important
step to make civic engagement more accessible to all New Yorkers. In New York, every person has a
voice that matters and deserves to be heard, regardless of what language they speak, said Lena
Alhusselni, Executive Director of the Arab-American Family S:upport Center.
"GAMSA is proud to stand with the Mayor's Office of Immigrant Afl'alrs today to make registering to vote
easier for citizens who speak Russian, Urdu, French Creole, French and Arabic," said Joanne M.
Oplustil, President and CEO of CAMBA. "For the past four decades, CAMBA has been helping
immigrants resettle here and become hardworking, contributing- and voting- Americans. Our
immigrants deeply value the right to vote, and we are committed to ensuring that they have equal
access to the polls."
'This announcement is welcome news for New York's groWing African immigrant communities, 1' said
Amaha Kassa, Executive Director of African Communities Together In the Bronx. "After English,
French is the most widely shared language among New York's Africans. We are especially glad that
New York City partnered with ACT and other immigrant oommunily organizations to make sure that the
translated voter registration forms are dear and culturally competent."
Javier H. Valdes, Co-Executive Director of Make the Road New York said, "We applaud the de
Blasia administration for its ongoing effort to make voting easier and more accessible, with language
access as a oomponent. Given the challenges that immigrant New Yorkers lace when trying to register
and cast their ballots, it's crttical that New York City continue to take steps in this direction.''
"Registering to vote is one of the doses! steps of exercising the rights and responsibilities of an
American citizen. It gives the feeling of being included in the beautifully diverse oommunity and a sense
of shareq responsibility to contribute for the oommon good. ThisWonderful civic engagement initiative
will reassure us to remember America Is not oofy our home, it is also home for our cultural home-
language too," ~id Mir Masum All, National CIVIC Engagement Director of Muslim Ummah of Noflh
America (MUNA NY).
"New York City is the most diverse city in world, home to immigrants who speak hundreds of languages.
It is critical that our New American New Yorkers are able to participate in the civic process and that's
why we applaud Mayor Bill de Blasio, the Mayor's Office of Immigrant Affairs, and tile Campaign
Finance Soard's efforts to expand language translation of voter registration forms to the city's top 10
languages, said steve Chol, Executive Director of the New York Immigration CoaUtlon. "Ensuring
that voter registration forms are available in Arabic, Chinese, Bangia, Korean. Urdu, Spanish, Russian,
Creole, French, and English will expand our Immigrant oommun!Uf3$ ability to be part of the political
process with more ease and will empower them to vote in this Presidential election: The NYIC
---------------,---------------.---
Civic Engagement Collaborative identified the expansion of translated voter infonmatlon as a high priority
and we are excited to be part of this first step.''
"New York City is the ultimate clo/ of immigrants. Council of Peoples Organization (COPO) welcomes
the voter registration fonms in m~ltiple languages, Which will ensure that more citizens are well-infonmed
about this proc$s. At COPO, wlo have translated the current fonm into many languages and regularly
assist naw Amertcsn citizens in registering to vote. We have found that many new citizens are not aware
of the voter registration process~nd as a result, they cannot participate in elections. These tran~lated
fonms are essential to reaching eople in their native languages and ensuring their participation in the
civic life our city, state, and nati . Having these fonms available in five new languages will empower
many citizens to finally have a vice for their concerns in polrtics and city services to Which they are
entitled," said Mohammad RazJI, Executive Director of the Council Of Peoples Organization
(COPO).
"The Mayor's decision to provid non-English speaking New Yorkers with voter registration fonms in their
languages is another procedure~f inclusiveness and respect. It adds to the many steps this
administration has taken to mak New York City the City of all its citizens. This move will eliminate the
language barrier for the five gro ps and enable them to participate in the civic and political activities and
enjoy their right to vote," said Dr Abdelha!ld Djemll, President of the Islamic Leadership Council
(Majlis Shura) of New York.
"It's a proud moment in NYC his*ry that more immigrant communities Will have the opportunity to
register to vote where they will n longer experience any language barriers to be a part of the
Democratic process. I am extre ely grateful for the visionary leadership of this administration for their
inclusion of all communities. Mamy New Yorkers will now feel that they are just as important and as
valuable as everyone else. Thist truly a great day for New York that ~continues to lead the World in
building Bridges and tearing do Walls," said Naji Almontaser, President of the New York Muslim
Voter Information Club.
"Voting is a critical component inrhe participation of communities and individuals in the democratic
process. Expanding voter registr !ion forms into additional languages makes that process real and
substantive," said Fahd Ahmed Executive Director of DRUM Desis Rising Up & Moving.
"Language barriers should neve~ be an impediment to exercising one's right to vote and participate in
choosing one's political represe~ative, a fundamental pillar of our nation's democracy. We applaud the
Mayor's efforts to ensure that citi ens of all immigrant backgrounds can fully parti<>pate in this process
and fUlfill their civic dUties, an e rt we highly encourage at Chhaya," said Annetta Seecharran,
Interim Executive Director of hhaya CDC.
"A strong democracy demandsJI voters have access to the voting process - including those who speak
English as a second language. I a city as diverse as Naw York, voter registration materials must be
available in a myriad of langua s to give every voter a chance to vote. We applaud Mayor de Blasia's
Office of Immigrant Affairs for reqognizing the importance of language access and expanding the
trarlslation of voter registration rrfterials to include Arabic. Urdu, Haitian Creole and Russian," said ca..
Executive Director Ana Maria jrchila, the Center for Popular Democracy.

"We applaud the Mayor for this initiative that recognizes the vital importance naw citizens have played in
the civic life ofthe city for more ~an 200 years. With Albany's failure to pass meaningful refonms, the
itF
city's ongoing improvements to voter registration system offers some rare good news for voters," said
'
Neal Rosenstein, Government Reform Coordinator of ~e New York Public Interest Research
GroupiNmRG. . . . . . .
"We welcome translation or voter registration fonns as one step towards more inclusi\lity of new
Americans into the democratic process. Through our work, we have found that language access is one
of the main reasons Ara.b Americans do nat participate, folloWing iss~s like diSCrimination and
confusion at the polls," said Mirna Haidar, Lead Organizer at the Arab American Association of New
York.
pressofflce@cityhall.nyc.gov
(212) 788-2958

i
PLAINTIFFS DECLARl\TION IN SUPPORT OF TiiE MEMORANDUM OF LAW FOR
PLAINTIFF'S COMBJiNED RESPONSE TO DEFENDANTS' MOTION TO DISMISS
Exhibit J-3
BIG SOYERNMOH bill JUilRfl{l!~M S!G hflttYWUlJO llL:iUNfll SEt:Uil!H

BRIJ1BAIITlllND6N I BRIDBARIJ!RIJSAllM IBRIDBARTJIXAS I BllDTBARTCAUFDRNm
W:ll 'JIUIO $J!llfl!S !JIB"i!IHS ?il1S: lllUIACl
SlORl

EFFORT TO OPEN VOTING TO ILLEGAL
IMMIGRANTS UNDERWAY IN NYC
BREITBART CONNECT
SIGN UP FOR OOR NEWstmER

email address S111!MIT
Immigration activists are

pushing for illegal immigrants ; SIGN UP FOR OUR NEWSLETTER
to be granted tbe right to vote emall ac:kh'f!S-'1 SUBMIT
in New York City and say
legislation to tbat effect could
be introduced later this year.
The New Yo'* Post report,'> that a proposal to mend voting rights to Ulegel immigrants,
allowing them to vote in elections for city~\'\'ide offices, was highlighted at a mack and
Latino Legislative Caucus event.
"We want to expand the right to vote for everybody, not suppresS the vote. What a radical
idea." Bertha Lewis, head of the Black Institute, saidallrding to the Post. The Post notes
she said they expect such legislation to be lntroduoed in the spring. BREITIIART VlllO PICKS
New York City Mayor Bill de Bla&o has made extensive efforts on behalf oflliegal
lmmlgnmts, incl.udlog offering a city Identification card. According to the Post, Lewis said Jel>Ofllblsad
she See& the extension of voting rights as part of that effort.
-----------------------------------,~
"People want to come out of the shadows, Lev,.is said. according to the paper.

As the Post nole", a number of years ago there v.u an effort lo extend voting rights to legal
non-citizen 'residents. The bill, which as~
troduced by Queens Councilman Dan Dromm
!llld C<Hpansoredhy Council Speaker Me' Mark-Viverito, never received a vote.
Lewis has had conversations with! islators including Vjverita. Drommlilld

Brooklyn Council:mi.Ul Jumaane WUI nrns, among others, about expanding rights to
illegal aliens. ,
AViverito spokesman noted that .Je<mncU supports extending voting rights to

green-eard holders, but he st~~rt Stm.dayof saying she would back voting
rights for illegal immigrants.
Williams, hmvcver, endor.scd the t '
M1'here will be a lot of support for it' the CilyCouncil. We want people to participllte
in civic life and be invested in what pJx.!tt.<~.. It will lead to a healthier community,"
said Williams.
WhiJe activist..; appear enthusiastic aboutte idea. Conservative Party Chaimmn Mike
Long told the Pos( that extending rights t illegal immigrants is outrageous," telling the
paper, "American Citizen.<> have the right determine the destiny of towns, villages, cities,
states and the country." '
READ MORE SIORIES ABOUT: ~poct this ad

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illlllli).\r.;tinn, 1-:cw V~ Tk City, \''lti.ll):.

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PLAINTIFFS DECLARATION IN SUPPORT OF THE MEMORANDUM OF LAW FOR
PLAINTIFF'S COMBINED JU;SPONSE TO DEFENDANTS' MOTION TO DISMISS
Exhibit J-4


PLAINTIFF'S COMB~1) RESPONSE TO DEFENDANTS' MOTION TO DISMISS
! THE PETITION WITH COMPLAINT
Exhibit K-1

NYC Elections Official Scoffs at
Mayor's Call for Him to Resign
Over Voter Fraud Claims
By Madlna Toure 10/18/16 4:25pm

Manhattan Board of Elections Commissioner
Alan Sc:hulkin $peaks at a city Board of Elections
meeting today. Photo: Madlna Toure tot
Observer
Four days after Mayor Bill de Blasio

called on Manhattan Board ofElections
Commissioner Alan Schulkin to resign
over his claims of voter fraud he said
Dhe's staying put-and that the mayor

D
"doesn't control" the board.

~--------------,------------------
Conservative nonprofit Project Veritas
secretly recorded Schulkin, a Demqcrat,

saying that de B!asio's IDNYC
i dative initiative does not properly vet
a plicants and enables them to commit
e ction fraud. He also said people are
ur!aware that in minority
n ighborhoods, organizations "bus
le around to vote to different
lling sites and accused Muslim women
o using their burqas to hide their
i ntities. He also calied for a voter I.D.
!a .

r.:;et tile f\i,:;,v (uri' Polilics 11ewsletter in your iniJox:
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Enter you~ email address
Q,~-~.., ~ 4 \1<4' "o"'u

ml.Ulicipal identification program "crazy"
~u D
,,.,

and proof that he is not fit for his
po~ition.
"I have no intent to resign, Schulkin

told the Observer today, following a BOE
meeting in Manhattan. "The mayor
doesn't control the Board ofEiections.
During the meeting, Susan Lerner,

executive director of good government
group Common Cause, said her
organization and others were surprised
to hear ofSchulkin's comments that he
made given his position. She said there
needs to be clarification and serious
consequences for being on the record,
even if he described the individuai as
someone who was heckling him as a
representative of a particular
organization. He had to have known that
his comments were not going to be held
privately, she said.
"Your comments about the-even

Coet the New vork Politks newsletter in your in box:
Em~r your email address
oxp!anattons mat we nave reaa really

D
does nottally.
Schulkin said he was not planning to

speak on the record about the incident
but that he would address it because
~er brought it up. He noted the

infutent happened at a Christmas party
Ia~t year-well before Donald Trump
be an tossing around cavalier claims the
N vember election will be "ri ed" -and
t the did not know who the
wQmanwas.
H I said she started talking to him but

alutted that he should not have spoken
j
h her and insisted that the comments
he made in the video do not represent
views, in contrast to statements last
'
wik in which he stood by his caught-
a -camera call for requiring voters to
sh w a photo I. D.
H1 also said de Blasio was wrong to

characterize his statement as a public
stl\tement, saying that it was a private
~~ ... ,.. ............ _.._ ...t.,.. .. t. .... --~-<-~ 1..---~" t...,.. --
;:., tLHiV C'f'f\Jii f;..'JtiJrin~: f.h(' rY>J'";t ~rnport:;nt pulit!ol coVCI'J;.St: from :;1o:nd Nc\<'J v' .. t k
I
Enter your email address
o~y au agree
ann they didn't take it as an insult."

tney J.<n.OW me very Well D
Sc~ulkin also acknowledged he was
i~ally skeptical of the !DNYC program
hut sai<;l the woman did not identify

herself. When Lerner characterized his
response to her concerns as insufficient
given "t:h?-t there are sigrrificant
concerns," Frederic Umane, secretary,

appeared to defend his colleague.
"Isn't part of what your function with

election protection is to make sure that
there's no fraud going at the ballot?"
Umane said. "Isn't that part of what your
observers are looking for while they're
there, to make sure that there is no
fraud?"
Lerner insisted instances of in-person

voter fraud in the United States are rare,
and argued that it was important to
eliminate-not create-obstacles at the
polls.

Get the r'iew York Politics newsletter in yo.ur inbox:
Enter your emailaddr~ss
D 0
"I know !shouldn't say anything, but the

people I've talked to tell me they don't
and rve talked to a number of people
from vatious ethnic groups, elected
PLAINTIFFS DEC~TION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

THE PETITION Wim COMPLAINT
Exhibit K-2
WATCH: ElECTIONS COMMISSIONER ADMITS TO WIDESPREAD VOTER FRAUD ON

HIDDEN CAMERA
A jack Burns e> October 12. 2016
$11Um!i Into $357.24 DillY?

Dlsve!Thl$ sectel Meth< Le-am MoM
A Democratic Party election board representative from Manhattan was caught on camera confirming what a
Jot of people already suspect. It's easy to commit voter fraud, and it's made easier by New York's lax voter
identification measures, which really don't exist.
Alan Schulkin, the Democrat Party representative serving on Manhattan's election board, admitted groups
of interested voters get on buses and travel from polling station to polling station casting multi,ple ballots

for their candidates or their issues. Schulkin said, "You know,! don't think it's too much to ask somebody to
show some kind of an !D ... Like I say, people don't realize, certain neighborhoods, in particular, they bus
people around to vote."
Breaking from his political party's traditional stance against voter Identific~tion of any kind, Schul kin said,
"Yeah, they should ask for your ID, I think there is a lot of voter fraud," Going further, Shulkin explained the
conundrum New York faces. "You can't ask for 10," he sald, He said mayor Bill 01 Blasia's attempt to issue
voteriO's is fraught with even more controversy. 14He gave out 10 cards, De Blasia. That's in lieu of a driver's
license, but you can use.ltfor anything. But, they didn't vet people to see who they really are. Anybody can
go In there and say I am joe Smith, I want an to card. It's absurd. There's a lot of fraud. Not just voter fraudi
all kinds of fraud( Schul kin explained.
The election board representative's comments were secretly recorded on a hidden came,ra by Project
Veritas, the same group responsible for catching Planned Parenthood executives on video engaging In
business transactions peddling aborted baby body parts for money. Activist, founder, and proponent of the
Free Press movement, james O'Keefe was immediately targeted by the mainstream media and branded by

liberals as a phony journalist. But without his pioneering work, the world may never have known about
Planned Parenthood's profiting from the sale of aborted body parts.
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Those conversations, many of w~ich were recorded while the participants were dining. touched off a
firestorm of controversy in the US. with many Congressional leaders calling for an end to federal funding
for Planned Parenthood's slaughter of the unborn.
Despite the expose' videos, and ten with Republicans (traditionally anti-abortion) in charge of the federal
budget, the 1.1 trillion dollar omnibus spending package was passed with federal funding for the
abortionists intact. Speaker of tht House, Paul Ryan (R~WI), was instrumental in the Omnibus' passage,
which many believe should have excluded federal funding of Planned Parenthood.
O'Keefe's and Project Veritas' rec~rding of Schulkin's comments, although they were recorded in December
of 2015, serve to illustrate just hJw easy It Is to commit voter fraud in New York:. It's a safe bet that if the
Democrat representative on Man~attan's election board knows there's a systemic problem of voter fraud at
work, then the results of this yeah presidential election will probably be wrought with fraud as well.
Republicans, going back many ye~rs, have pushed for state legislatures to pass voter ID laws, to ensure
elections are fair and representaJive of the voter base. Attempts to prevent voter fraud by passing voter
identification laws (which by aiJ afcounts shouid be something on which both Republicans and Democrats
agree) has been vehemently chal~enged in court by Democrats all across the country.
This summer, voter ID taws in North carolina and Wisconsin were struck down in the court system amid
concerns the laws made it more ~ifficult for minorities to vote. Similar lawsuits were filed in Ohio, Texas,
Virginia, and Arizona as well, all i~ an attempt by Democrats to open up the polls to everyone (even illegal
aliens as some allege), Some hav, accused the Democratic party of creating a climate whereby voter fraud
is easier to commit, such as in New York as Schulkin plainly stated already exists.
Also1 if you wish to report suspec~ed cases of voter fraud you may do so by contacting the federal
government1 your district or your state's voter fraud divisions. A list of voter fraud contacts by state can be
found by clicking here.

HIDDEN CAM: NYC Democratic Election Commissioner, "They Bus People Around to Vote"
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-
-------
PLAINTIFF'S DEC~TION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

PLAINTIFF'S CO INED RESPONSE TO DEFENDANTS' MOTION TO DISMISS
THEPETflnON~COMP~
Exhibit K-3

Exhibit L-1

r-~~---- - - - - ---------
I

I
I At Part of the Supreme
I Court of the State of lllew York, held ill
1 and for the County of Richmond, at the
Court house thereof located at 26
I Central Avenue, Staten Island, New
I York on the 5'" day of December, 2016.
PRESENT: J~~j:~~f~~'if~~~MEcoijR'r
fn the Matter of
RONALD CASTORINA, t and

:INDEX NO.
:
,
, 1 :u" C'
!
L'{ 4:--:;;, .:)-
0
< - 1 1 {;>
NICOLE MAUOTAKIS,
:ORDER TO SHOW CAUSE WITH
. PetiJoners/Plaintiffs, ;'I'EMPORARYRES'I'RAININ<l
-agatns1- 1 :ORDER
BILL DEBLASIO, in his }.cial capacity .. MA \'OR OF TilE

CITY OF NEW YORK,
TilE OFFICE OF THE iwJYOR OF THE CITY OF NEW YORK,
MELISSA MARKV , in bcr official capacity as the

SPilAKER OF THE NEW ORK CITY COUNCIL,
STEVEN BANKS, CO SSIONER OF TilE NEW YORK CITY
HUMAN RESOURCES MINISTRATION/DEPARTMENT OF
SOCIAL SERVICES, in bi official capacity,
MA1THBW BRUNE, OPERATING OFFICER OF THE
NEW YORK CITY H RESOURCES
AbMINISTRATION/DEP TMENT OF 'SOCIAL SERVICES, in
his official capacity, and=
RICARDO BROWNE, E UTIVE DEPUTY COMMISSIONER,
MANAGEMENT INFO TION SYSTEMS, HUMAN
RESOURCES ADMINISl!RAT!ONIDEPARTMENT OF SOCIAL
SERVICES, in his official f'Pacity,
R<Jpondents!Defendants,
For a llldgcmcnt Pursuant FArticle 78 of the Civil Practice Law and-

I
Rules.
UpoA the annextd Affidavit of Petitioner RONALD CASTORINA, JR., ESQ.,
swom to on the 5th" day of December, 2016, Petitioner NICOLE MALLIOTAKIS, sworn
to on the 5" day of Oe~mber, 2016, Affirmation of Jeffrey Alfano. Esq., affirmed to on
I
I
I
I
the 5" day of December 2016 and all of exhibits annexed therto, and the Memorandum
of Law dated the 5'" day of December 2016, and upon all the proceedings heretofore
had herein, let the Respondents, or their attorneys show cause at Part l;x:..m (e;

held in and for the Supreme Court of the State of New York, in and for the County of
3ichmond, located at 26 Central Avenue, Staten Island, New York on the.:ZC. day of
J 4-I.J<-<4')" :Jo
O&rem!)a, 2ete at
-z 9.,3o o'clock in the forenoon of that day or as soon
thereafter as counsel can be heard why an Order should not be made and entered
granting the Plaintiff the following relief:
1. An Order pursuant to C.P.L.R. Section 7803(2) Prohibiting
Respondents proceeding beyond the jurisdiction afforded to them
as public officers and destroying governmental documentation

collected in connection.with the IDNYC program;
2. An Order declartng New York City Administrative Code Section 3-
115(e) and 68 RCNY 6-11 violated FOIL and denying the
enforcement of any part of those sections violating FOIL;
3. Together with such other and further relief as to this Court may
deem just, proper, and equitable.
TEMPORARY RESTRAINING ORDER:
SUFFICIENT REASON APPEARING, THEREFORE, it is
ORDERED, that pending the return date of this motion, the respondents
are hereby enjoined and precluded from the destruction of any and all materials
associated with the IDNYC program , and it is further
2
,-------- - --
the /S
I
ORDERED, jthat sel)(ice of a copy of this order, and the pap%s upo& , S::
~..,.. '> A-tAt I NCb"'""'
which it ~s granted upor the P1aiRti#!s attorney via overnight delivery, on
,L....
day of Dec,mber, 2015 be deemed good, sufficient and timely service.
I~ "
before
l.
.
~uc,....
ENTER,
I
I
ipG.~
I Justice of the Supreme Court
I
I
I
3
-------~--------------
SUPREME COURT 011 TRJi! STATE 011 NEW YORK

COUNTY 011 RICHMOND
In the Matter of :INDEX NO.

RONALD CASTORINA, JR. ond
NICOLE MAUOTAKJS,
:AIIF'IRMATION OP
Petitioncrs/Plaintift's, :JEJIF'REY ALIIANO IN SVPPOR':
-against- :011TRO
BILL DEBLASIO, in his official capacity as MAYOR OF TilE

CITY OF NEW YORK,
TilE OFFICE OF TilE MAYOR OF TilE CITY OF NEW YORK,
MEUSSA MARK-VIVERITO, in her official capacity as the
SPEAKER OF TilE NEW YORK CITY COUNCIL,
STEVEN BANKS, COMMISSIONER OF TilE NEW YORK CITY
HUMAN RESOURCES ADMINISTRATION/DEPARTMENT OF
SOCIAL SERVICES, in his official capecily,
MATTIIEW BRUNE, CHIEF OPERATING OFFICER OF TilE
NEW YORK CITY HUMAN RESOURCES
ADMINISTRATION/DEPARTMENT OF SOCIAL SERVICES, in
his official cspacity, and
RICARDO BROWNE, EXECUTIVE DEPUTY COMMISSIONER,
MANAGEMENT INFORMATION SYSTEMS, HUMAN
RESOURCES ADMINISTRATION/DEPARTMENT OF SOCIAL
SERVICES, in his official capacity,
Respondents/Defendants,

For a Judgement Pursuant to Article 78 of the Civil Practice Law ond
Rules.
JEFFREY ALPANO, an attorney duly licensed to practice law in the Courts of the State
of New York; affinns the following under penalties ofpeljury:
I. I am the sole proprietor of the Lsw Office of Jeflrey Alfano, attorney for
Pctitionc:rs, Ronald Castorina, Jr. and Nicole Malliotakis. I am fully fiuniliar with all facts and
circumstances pertaining to the within litigation following the review and analysis of the legal
file maintaiocd by this office.
I

2. This affirmati~ is submitted to sstisfy the requirements of rule 202.7(1).
3. The infonnati~ oontained associated with the IDNYC program is digital in nature
and is very easily delelcd byte custodiam of the ~al.
4. The May<Jr, jhe City Council Speaker, and numerous City representatives
indicated their intentions to ~stroy the materials associated with the IDNYC program on or
before December 31,2016. I
5. To the extent Jlte Mayor, City Council Speaker and other city representatives have
not destroyed the documen~ it will present a significant hardship to notify the Respondents in
advance of this application 'f'king a temporary order preventing the destruction of the ~als
associated with the IDNYC frogram.

Dated: December 5, 2016
Staten Island, NY
I
2
I
SUPREMECOURTOFTHESTATEOFNEWYORK
COUNTY OF RICHMOND
'-In~1he7Ma=ller::-o:;;f------------,INDEX NO. 9{Jz_.<:;<l//-{J
I

RONALD CASTORINA, JR. and
NICOLE MALLIOTAKJS,
:VERIFIED PETITION
Petitionersf
BILL DE BLASIO, in his official capacity as MAYOR OF lHE

CITY OF NEW YORK,
1HE OFFICE OF 1HE MAYOR OF lHE CITY OF NEW YORK,
MELISSAMARK-VIVERITO, in her official capacityas the
SPEAKER. OF 1HE NEW YORK CITY COUNCIL,
STEVEN BANKS, COMMISSIONER OF lHE NEW YORK CITY
SOCIAL SERVICES, in his official capacity,
MATlHEW BRUNE, ClllEF OPERATING OFFICER OFlHE

his offioiai capacity, and
Respondents,
F9r a Judgement Pursuant to Article 78 of the Civil Practice Law and

Rules.
TO 1HE SUPREME COURT OF lHE STATE OF NEW YORK:
Petitioners Ronald Cestorina, Jr. and Nicole Malliotaksi (together "Petitioners") for their
Verified Petition and Complaint, by and through lheir undmigned counsel, respectfully allege as
follows:

,--------
I. 1.
INTRODUCTION
This proceedi] is brought under Article 78 of the New York Civil Practice Law
and Rules (''C.P.L.R."), New ork Public Officers Law 84et seq. (the "FreedOm ofinformation
Law" or "FOIL"), and C.P.L R. 3001 against RespondeniS Mayor de Blasia, in his official
capacity ("the Mayor"). the O~ce of the Mayor of the City of New York, Melissa Mark-Viverlto,
in her official capacity as the S~aker of the New York City Council, Steven Banks. Commissioner
of the New York City H+an Resources Administration/Department of Social Services
(hereinafter "New York City F"), in his official capacity. Matthew Brune. Chief Operating
Officer of the New Y~~-~~r HRA, in his official capacity, and Ricardo Browne, Executive
Dep~ Commissioner, '""''Tement Information Systems New York City HRA, in his official
capac!ty.
On June 26, 2JI4, the New York City Cooncil passed an enabling statute allowing

2.
the Mayor, through the Newtork City HRA, to create and administet New York City's Municipal
Identification Program (herrer, "IDNYC").
3. Respondents jeaten to destroy public records connected with the IDNYC program
in contravention of New York State's Freedom of Information Law before any administrative
agency or court of competen~ jurisdiction evaluates legitimate FOlL requests.
4. Petitioners Jek (I) an order pursuant to C.P.LR. 7803(2) prohibiting
Respondents from proceedin. with actions in excess of their jurisdiction as public officers; and (2)
a declaration pursuant to ClL.R. 3001 that 68 RCNY 6-11 (Confidentiality of IDNYC Card
Eligibility Information) violr New York State's Freedom oflnfonnation Law.
2
5.
PARTIES
Petitioner, Ronald Castorina, Jr., is a Member ofth~ New York State Assembly
rep~ th~ 62"' Assembly District covering the South Shore of Staten Island with his district

office locawd at 7001 Amboy Road, Suite 202 E, Staten Island, New York 10307. The Assembly
Member sits on the Commi~ on Banks.
6. Petitioner, Nicole Malliotakis, is a Member of the New York State Assembly
representing the 64~ Assembly District covering the East Shore of Staten Island and Bay Ridge,
Brooklyn. The Assembly Member bas a district office located at II Maplewood Place, Staten
Island, New York I 0306. The Assembly Member sits on the Committee on Banks.
1. Respondent Bill de Blasia is the Mayor ofthe City ofNew York. Upon information
and belief, his principal place ofbosiness is located at City Hall, New York, NY 10007.
8. Respondent Office of the Mayor of !he City of New York (the "Mayor's Office')
is an "agency within the meaning of Public Officers Law 86(3).
9. Respondent Melissa Mark~Viverito is the Speaker of the New York City CounciL
Upon infoanation and belief, her principal place of business is located at City Hall, New York,

New York 10007.
10. Respondent Steven .Banks is the Commissioner of New York City HRA. Upon
information and belief, his principal place of business is locawd at 4 World Trade Center, ISO
Greenwich Street, 38th Floor, New York, New York 10007.
II. Respondent Matthew Brune is the Chief Operating Office ofNew York City HRA.
Upon infoanation and belief, his principal place of business is located at 4 World Trade Center,
ISO Greenwich Street, 38th Floor, New York, New York 10007.
3

12. Browne is the Exeeutive Deputy Commissioner of New York
City liRA for Management In nnation Systems. Upon infonnation and belief, his principal place
ofbusineas is 1oeatedat4 W d Trade Center, ISO Greenwich Strce4 38"'Floor, NewYoti,Ncw
York 10007.
VENUE
13. Venue is pro~r in Richmond County pursuant to C_P.L.R. 506(b) and 7804(b)
in that Petitioners submitted t r FOIL requests from their district olllces loeated on Staten Island.
Staten Island residents provF the records sought by the Petitioners to the New York City
goveromen4 and received ID YC identifieation in New York City HRA olllces loeated on Staten
Island.
JURISDICTION
14. Respondents ~tened actions, destruction of govenunental records currently on

file with the City of New Yprk, wlrlcb fonn the basis of this Verified Petition and Complaint,
exceed the jurisdiction and ~uthority of executive officers named as Respondents to the action.
The Respondents' coJJectiv, threatened actions 1) supplant the judicial function of evaluating
FOIL requests from the .Jnmistrative agencies and reconsideration by the New York State
Supreme Court; and 2) seek Lhide governmental actions in contravention of the New York State
..... -. Freedom nflnfolmationLaJ by fiat_througb the. wholesale destruction ofgoverrunent documents, -- ..
rather than utilizing stringenf guidelines developed to protect disclosure of personal information.
This Cour4 therefore, bus j,sdiction over this proceeding pursuant to C.P.L.R. 7801 et seq. and
Public Officers Law 84 et r"'

IS. This Court air bas jurisdiction pursuant to C.P.L.R. 3001 to render dec~
relief
4_
16.
FACI'S
On September I, 2016, the Superintendent of the New York State Department of
Financial Services (hereinafter "the Superintendenr') issued a letter to New York's banking

industry encouraging aceeptance of!DNYC for banking and .c:redit products. See Exhibit A.
17. On October 20, 2016, Petitioner, Assembly Member Castorina, wrote the
Superintendent requesting the reconsideration of the sentiments cOntained that letter. See Exlubit
B.
18. The Superintendent issued no response to Assembly Member Castorina'S letter, nor
was it acknowledged in any other way.
19. ln recent weeks Mayor de Blasio announced his intention to destroy all records
associated with the issuance of the IDNYC program through his purported authority under
68 RCNY 6-11. See Exhibit C.
20. On November 28, 2016, Petitioners ""!uested Respondents refrain from the
destruction of any government doeuments submitted in connection with the IDNYC program. Set
Exhibit D.

21. On November 29, 2016, Respondents rejected Petitioners ""!ues!s to preserve
documents submitted in connection with the IDNYC pregram through Speal<er Mark-Viverito
statement to the press for Petitioners to "go aheod [and] sue us." See Exhibit E.
22. On November 29, 2016, at 12:23:11 p.m., Assembly Member Castorina submitted
a FOIL request seeking:
delivery, to my office address liated above, all seanued application

materials associated with IDNYC (also known as New York City's
MlmicipaliD pregrarn) program maintained by HRA and any other
City Agency including the Mayor's Office in digital format.
ExbibitF.
s
r - - - - - - - --
23. On December
FOIL request seeking: J

1 2016, al6:51 :06 p.m., Assembly Member Malliotakis submitted a
delivery, to m . office addrQss listed above, aU scanned application

materials asso:tted with IDNYC (also known as New York City's
Municipal ID gram) program maintained by HRA and any other
City Agency luding the Mayor's Office in digital funnat.
Exhibit G.
24. Identification irsued through the NYCID program expire five years after it is issued
to an individual.
25. Regulations cortained in the New York City Code permit the destruction of records
associated with the NYCID piogram after two years solely al the discretion of the Respondents.
26. The New Yor~ City HRA regulation purportedly grants Respondents unilateral
authority to destroy all reco1s, in the name of preserving participant confidentiality, collected in
connection with administeriJg New York City's IDNYC program on or before December 31,
2016. See NYC
27.
Administrati~e Code 3-JIS(e) and 6& RCNY 6-11.
Public staterntts made by City Council Member. Carlos Menchaca, to the New
York Post on February !5, 015, indicate Respondents chose December 31, 2016 to destroy
documents, but not to end th, program, simply for political purposes. See Exhibit H.
28. City Council ~ember Menchaca indicated clearly, "In case a Tea Party Republican
comes into office and says, {ve want all of the data from all of the municipal ID programs. in 1he
countty,' we're going to takelthe data." /d.

- - -2!C c;!Y counciiMeiiilier-Mer.a;,;cii-TiiCliciiie<Cl\iither ihe oe<:<mb<t-"31; 20i6 --
document des1ruction date "~lows us [the City Council} to prepare for lillY nc\v leadership [in
Washington, D.c.]". /d.
6
30. City Council Member Menchaca's comments led tile New York Post to entitle the
article concerning the NYCID program, "Municipal ID law has 'delete in case of Tea Party'
clause." ld
31. No legitimate government intereat can be served by destroying ~rds reasonably
collected to ensure the integrity of a governmental identification system for strictly political
reasons.
CAUSES OF ACTION
FIRST CAUSE OF ACTION SEEKING A PROHffimON

OF RESPONDENTS FROM DESTROYING GOVERNMENT
RECORDS KEPT FOR THE ADMINISTRATION OF A
GOVERNMENTAL IDENTIFICATION PROGRAM
32. Petitioners. repeat and reallege parsgraphs I through 36 as if fully set forth herein.
33. Article 78 provides an appropriate method to restrain public officers from
proceeding in a manner which is not within, or exceeds, their jurisdiction.
34. Under FOIL executive government records are accessible to members ofthe public,
governmeOOII agencies, and other branches of both the federal and state governments.

35. FOIL permits the executive to redact govenunental records submitted in
accordance with administering programs run by executive agencies to protect the disclosure of
participants' personal infonnation.

36. FOIL pennits, further, the denial of access to certain governmental records if
expressly authorized by one of FOIL's specific exeroptions. The limited sb1tutm)' FOIL
exemptions are to be construed narrowly, and the government bears 1he burden of dentonstrating
tbat doeuments fall within an asserted exemption.
7

37. FOIL does not J.mu1 the government to destroy all documents associated with any
government program to protect any individoals' privacy rights fur any reason, and clenriy not for
politically motivated reasons.

'
38. Respondents' piblic statements indicating their intention to destroy all documents,
in whatever format, associate with tbe IDNYC program will cause, immediate and irreparsble
harm to the rights guaranteed Petitioners and to the public at large under FOIL.
39. Respondects' Jublicly stated course of conduct will render FOIL useless and
exceeds their jurisdiction undllaw.
40. This Court sb1uld issue an Order of Prohibition restraining respondents from
exceeding their jwisdiction ~ destroying government documents in response to a federal
election.
41. Petitioners bavt not made any previous request for reliefreqoested herein.
SECOND CAUSE OF ACTION SEEKING A

DECLARA:iRY JUDGMENT THAT 68 RCNY 6-11 AND
NEW YORK CITY ADMINISTRATIVE CODE 3-US(E)
VIOLATE PURPOSE OF FOIL GRANTING
TRANSPA CY TO GOVERNMENT PROGRAMS
42. Petitioners '"lj"t and reallege paragraphs 1 through 40 as if fully set forth herein.
43. The rcgulati"'1 promulgated by Respondents in 68 RCNY 6-11 and New York City
Adminis1Ialive Code 3-IIS(e) contain no method for the public to access the reoords submitted
in connection with the IDNYJ program.
44. New York Sta~ policy requires full and open access to government
45. The New Yor~ State legislature clearly maintains:
The people's Jght to know the process of governmental decision-

making and tO review the documents and stati<tics leading to
determination is basic to our society. Access to such infonnation
i
8
should not be thwarted by shrouding it with tho cloak of secrecy or

confidentiality.
PubUe Officers Law 84.

46. The idea that democratically elected government officials may des1roy records
pteVenting their inspection by the public due to tbe resuhs of a federal election is against the ideals
of tho United States aod has no basis in law.
47. This Court should issue an Order declaring New York City's regulations run afoul
of FOIL and deny the enforcement of only those provisions of the IDNYC program.
48. Petitioners have not made any previous request for relief requested herein.
RELIEF REQUESTED
WHEREFORE, Petitioners respectfully request this Court grant judgment;
a. Prohibiting Respondents from exceeding their jurisdiction and destroying
governmental docwnentation collected in connection with the JDNYC program in conlmvention
of FOIL;
b. Declaring New York City Administrative Code 3-I!S(e) and 68 RCNY 6-11

violate FOIL and denying tho enforcement of any part of those sections in contravention to FOIL;
c. Awarlling attorney's fees and reasonable litigation costs as allowed under Public
Officers Law 89; and
9
d. Granting such other and further relief as the Court deems just and proper.
Dat.d: December 5, 2016

Staten Island, New York
/"~t;{llfl
w tee of Jeffrey Alfano
1000 South Avenue, Suite 104
Staten Island, NY 10314
Tel.: 718-701-1441
Anorney for Petitioners Ronald Cast.orina,
Jr. and Nicole Mal/iotakls
10
.I
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is fluota8ty <>Ymb!Owled&e, Oitci:;pt as iO :n\iit~c~Slhel'cilisl'alcd to be 4llcC(I i!i!lri~ !lid
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li
STATEOFNEWYORK )
) ss.:
COUNTY OF RICHMOND /
i
VERIFICATION
Nicole Malliotaks, ~g duly sworn, deposes and says: That I am a petitioner in this
proc;eeding, that I have read t e foregoing petition and know the con~ts thereof; that the same
is tnJe to my own knowledge, except as to mallas therein stated to be alleged on infonnation and
belief; and !halos to those ma ers I believe them to be true.
~to before me on this

.)... day of December, 16
JEFFREY M. LFANO
N(ltaty Public Sl te ol New York
No. 02Al6 24696
Oualtfled m R1c mood County
M Comm. EJ ae Mar. 28, ~
12
-- -- ~~-

EXHIBIT
A

NEW YORK STATE

DEPARTMENToJ
FINANCIAL SERVICES
Andrew M. Cuomo Maria T. Vullo
Governor Superintendent
September 1, 2016
Michael P. Smith
President and CEO
New York Bankers Association
99 Park Avenue, 41h Floor
New York, NY 10016
William Mellin
President
New York Credit Union Association
P.O. Box 15118
Albany, NY 12212
Dear Mr. Smith and Mr. Mellin:
This letter provides guidance by the Department of Financial Services (the "Department") on
whether the New York City Municipal Identification Card ("Municipal ID") can be used by
banks and credit unions to verify the identity of prospective customers Wlder New York's
customer identification program ("CIP") requirem~nts for customers who seek to open bank
accounts.
The Department is committed to ensuring broad access to financial products and services for all
consumers and recognizes the Municipal ID as one method to expand access to financial services
in New York. For individuals, access to bank and credit union accounts helps preserve income,
leads to savings and asset-building opportunities, and improves access to affordable ciedit
opportunities. Indeed, access to banking services can improve the overall economic well-being
of all New Yorkers and the New York economy.
The Department is aware that the Board of Governors of the Federal Reserve System, the Federal
Deposit Insurance Corporation, the Financial Crimes Enforcement Network and the Office of the
Comptroller of the Currency (collectively, the "Federal Agencies") have previously provided
(SOO) 342-3736 I ONE STATE STREET, NEW YORK, NY 10004-tHl I WWW.OFS.NY.GOV

guidance on this issue in a letter dated April30, 2015. 1 The federal CIP rule requires banks to
have CIPs for account opening that use risk-based procedures for verifying the identity of each
customer so that the bank can form a reasonable belief that it knows the true identity of the
customer. The minimum information a bank must obtain is the prospective customer's name,

date of birth, address and an identification number. 2
i
The CIP rule does not prescribe a specific type of government-issued identification card for use
by institutions. Institutions that rely on dOcumentary forms of evidence to verify a customer's
identity should have procedures in place to identify the types of docwnents the institution will
accept for such verification. Accordingly, it is the Department's position that institutions may
accept the Municipal ID as a means of documentary verification as provided in the institutions'
CIP procedures.
The Department encourages New York state-chartered and licensed financial institutions to
accept the Municipal ID as a form of acceptable identification card, utilizing procedures applied
to all potential customers to assess the risk presented by the customer and any need for additional
documentation or information.
;:;;~
Maria T. Vullo
Superintendent

.. See Federal Agencies' response !etter (Aprll3o, 2015). The Federal Agencies also concluded that the
identification number Included on aU Municipal IDs satisfies the non-U.S. person identification number
requirement contained In the federal CIP rules.
31 C.F.R.1o20.220i see 3 NYCRR Partn6.2

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. EXHIBIT
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EXHIBIT
c

12/312016 New Ybrk City may erase ID card data to protect !llegallmmlgrarts 1Fox News
U.S. HOME CRIME
ILLEGAL IIIIMIGRANT$
TERRORISM ECONOMY
New York City may erase ID card data to protect illegal

immigrants
IMMIGRATION DISASTERS MIUTARV EDUCATION ENVIRONMENT PERSONAL FREEDOMS REGIONS
1'\l~lioll&d Novemlar 15,2016

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imillfl prVIdo0 l>y New York Crty Hal llowo nmplo 10 elllll in<HI<I t>y 1M <i:y. Aclvo'"'lo' <lflntyi!lr'o n>,miclpoiiD card progrom <~ if would hell' people
\'1 "'" """""" .. gaMy vonl~ 0\JI of 1>0 hdowo. Now oomo f&>r ~ oOIIII:< ilot.. ~ _ . . tl\omto <!eportalion. SW.oo Donolci Trump'o prui<loolialolociO'XI victo<y, "'"city
conideri>Q *~ray;,g lfle oarOhoi<lo<G" ptorOMI "'cordo. ~Now York C~ Hal vOo AP)
~
NEW YORK- When New York City launched the nation's biggest munlclpaliO card program last year, advocates saki it would
help people living in the U.S. Ulegally to venture out of the shadows.
II!M:RTISEMENT
But since Donald Trump was elected president, city officials are Instead fielding questions about whether the cards could put
those same people at greater risk of being deported.
The city has vowed to protect cardholders' personal records and might even delete them using a kind of self-destruct provision
that allows for the infom1ation to be destroyed at the end of the year.
At least one state lawmaker has criticized that idea, saying it could make it impossible to trace people if they have obtained cards
fraudulently.
lttp"l/wlr.w.foxnews.comfus/201&'11115/reN-york--city-may-erase-ld-ciid-data-to-prcl\ect-lllegal-immigriiis.html 114
1.2/312016 New York City may erase ID card data to protect lllegallmmigrants 1Fox NEM'S
Some Immigrants take comfort in the city's stance, while acknowledging they are still wary.
Alberto Saldivla got his "IDNYC'' card this year after spending 15 years in the country without legal authorization.
~It
did cause me considerable concern, because they have my infoflJlation, also the infoflJlation of my son," the 53-year-old
Mexico native said through an interpreter.
But he felt reassured when Mayor Bill de Blasia said last week that the city would "absolutely" safeguard cardholders' Identities.
De Blasia, a Democrat, said officials would assess whether to delete the personal records, a provision that was built into the
program partly over concerns about the possible election of a Republican president such as Trump, whose campaign promises

included a vow to deport millions of people in the U.S. illegally.
MunicipaiiD programs began in 2007 In New Haven, Conn., and have expanded to about 10 cities, including Los Angeles and
San Francisco. New York's program is the most ambitious, with more than 800,000 cardholders, many of them U.S. citizens or
legal residents.
Officials encouraged everyone in the city to sign up, but the program was aimed at those without other fonns of 10, Including
homeless people and, especially, the estimated 500,000 Immigrants living illegally In the city. The ID would help them do such
everyday things as cash a check or attend a parent-teacher conference at a public school, advocates said.
The program quickly proved popular, with New Yorkers waiting hours in line and months for appointments to register earty on.
Pope Francis received a ceremonial one during his visit to the city last year, and United Nations Secretary General Ban Ki-moon
said the card would make him "a real New Yorker."
But civil liberties advocates sounded alarms about the city collecting identity documents that immigration authorities or law
enforcement could request, with a judge's approval.
The program's backers included language that allows for destroying the applicants' identity and residency information at the end
of 2016 if administrators do not move to keep them.

"Protecting it from a possible Republican president was just one of the reasons" for the provision, said City Councilman Cartos
Menchaca, who wrote the law that created the program.
A critic of the program said deleting the records would only compound concerns about it.
"lfs completely irresponsible to destroy the documentation of people who applied for a government~issued 10 card," said state
Assemblywoman Nicole Malliotakis, a Republican.
She said the proof-of-Identity requirements may not be stringent enough to prevent fraud, and deleting the records would leave
authorities "no way of knowing who these people are, how they obtained this documentation."
Some immigrants and their advocates remain hopeful that the IDs won't backfire. The extent of the program should thwart using
II to target immigrants here illegally, since they represent only some of the cardholders, said Javier Vek:les of Make the Road
New York, an advocacy group that pushed for the program.
Juan Rosas Carrera plans to keep his appointment this weekend to get an IDNYC card, despite a friend's warning that it could be
risky to give authorities his name and address. Rosas Carrera, a Mexican national and construction worker, has been !Mng In the
U.S. illegally for 17 years.
Stilt, he wants an 10 can:i to open a bank account and feels it's worth the worry.
"I feel safe In New York. J also think that if you don't have a criminal record, nothing bad w~l really happen," said Rosas carrara,
48. "But I am a bit worried about Trump."
Trending In U.S.
1 Why Trump wn right to talk with
Ta~n .. pr1111dent
z rm Demoeratand I'm asl'lln'lltd at

how tone d81f -'ve beeom.

EXHIBIT
D

12/412016 Malllotakis, Castor!na. ask city not to destroy IDNYC docs I S!Uve.com
-------------------------------
Malliotakis, Castorina ask city not to destroy
IDNYC docs
Assembly members Nicole Malllotakis and RQil Castorlna Jr. speak against the IONYC program In St. George on
Monday, Nov.28. 2016. (Rachel Shaplro/Sbten Island Advance)

By Racbel Shapiro I rsh.aplro@sladvanee.ec:un
Email the author I Follow on Twitter
on November 28, 2016 at 4:19 PM, updated December 02,2016 at 7:05AM
STATEN ISLAND, N.Y.- If city officials destroy documents collected from illegal immigrants who apply for municipaiiD cards, they
are creating a "slippery slope" and putting national security at risk. say Assembly members Nicole Malliotakis and Ron Castorina
Jr., who are calling on officials to hold off.
The Republican Malliotakis "'as oeposecLthe~IDNYC P.rosr~..!!! since its creation, as it exists primarily to provide undocumented
immigrants with photo IDs, something that will help them come out of the shadows, proponents argue.
Her newly-elected colleague, Castorina, also objects to giving government-issued IDs to those in the country illegally,
specifically i!i!!l his Dl!l!!?Sition to ~llowlng~-~!1_19.!
ADVERTISING
lnRoo41nnnled 1>y Tea~
htlp:I.WWW.silive.canlnewsflrdex.ssff2016/11/malliolakls_castorlna_ask_city.11ml

121412016 Malllctakls, Castorlna ask City rD: to destrc:71 IDNYC OOcs I SIUve.can
On Monday, the two Assembly Republicans spoke outside the Staten Island Business Center on St. Mark's Place in St. George,
where city residents can obtain the ID cards.
They argue that the documents required to btain an 1D card are not solid proof of identification and residency in the city. The
city doesn't consider legal status when dete mining whether to issue an ID card.
With Donald Trump's election, the liberal-lea ing mayor and City Council are in favor of destroying the ID documents for fear they
could be used to locate undocumented imm .grants in the city and deport them.
Initially saying on the campaign trail that he hoped to deport the 11 million people in the country illegally, Trump has walked that
back to deporting only those who commit crimes.
The city included a provision when it create the municipaiiD program to destroy all personal records it collected if a "Tea Party
Republican" wins the White House .
was done for "political reasons" Malllotaki said. "That in itself is concerning."
She noted the 9/11 Commission Report, whi h states that many of the hijackers used fraudulent documents to obtain IDs.
"That's the concern we have today," she said.
If a person with a city municipaiiD card uses It for nefarious reasons. investigators would need access to the documents given to
the city. If they're destroyed, that could hind~r justice, Malliotakis argued.
"It was a mistake to create this program andl more of a mistake to destroy documents," she said.
While people applying for the ID must have three points to confirm their identities --like U.S. or foreign passports. U.S. or
foreign driver's licenses and U.S. or foreign ~irth c;"rtificates --but they o-~~Y~d~~e to confirm their city residency.
That could be a utility bill, a bank statement or a letter from the city Housing Authority if the applicant lives in public housing.
Malliotakis often notes that one needs only to reside in a homeless shelter for 15 days before being considered a city resident,
and a letter from the shelter management fulfills the requirement for one proof of residency.
lice~se, board an airplane, cross international borders or rent a car.

IDNYC can't be used to obtain a driver's
Castorina called the ID program an "unmiti~ted disaster" and ~an issue of national security."
Castorina, a lawyer and former commission+r for the city Board of Elections, is researching whether destroying the documents is
illegal-- if it is, he'll bring legal action against the city.
6e should not be issuing identification cards to people who are not here legally," he said.
;
hltp:l!\wAY.sillve.comlnewSJ1n::lex.ss"U201&11fmal.ll,s_castorina_ask_City.ttrnl
121412016 Malltotakis, Castorlna ask city rrttodeslrcy IDNYC docs I SIUve.com
He suspects that In many cases. fraudulent documents are used to obtain the IDs.
Those IDs may be used to get other IDs.
The term "slippery slope" was used several times by both Assembly members.
As for handing over documents to the federal government should it ask for it. "the City of New York has an obligation to follow the
law." Castorina said. "The city is not above the federal government."

A City Hall spokesperson challenged the Assembly members' assertions that the ID program is lax and unsafe.
"The safety of New Yorkers is City Hall's top priority, and that includes the nearly 40 percent of city residents who are foreign
born. We rely on law enforcement professionals from the NYPD to set the bar for security, and IDNYC consistently meets this high
standard. Claims that IDNYC is being used by those intending serious harm is reckless fear-mongering the IDNYC application
process is similar to DMVs across the country, highly trained staff use state of the art technology to identify instances of fraud,
and IDNYC cannot be used to obtain a driver's license, board a plane, or cross a border. Over 900,000 New Yorkers have IDNYC,
and we are committed to protecting the privacy and security of our data. The City will make a decision regarding record retention
in the near future."
The story was updated to include a comment from the mayor's office.
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tttp:J..WWW.slllve.cornlt'leNslil'1delc.ssf/2016/11!malllotakls_castorina_ask_c1ty.l"ml1
"'

EXHIBIT
E

121312016 City CCUlCi! Speao;er to GOP: 'GoJIJlead ard SUe Us' Over Proposed lmml~ Reca'd Pu"ge
~---------------- ---------------
1
. ----I
D D
City Council Speaker to GOP: 'Go
Ahead and Sue Us' Over Proposed
Immigrant Record Purge
By Mad ina Toure 11/29/16 6:25pm
00880

surrounded by Council colleagues, Speaker
Melissa MarkViverito lauds the JDNYC program
at a 2015 event. JDNYC
Council Speaker Melissa Mark-Viverito

offered a curt retort today to two Staten
Island Republicans preparing legal
action against the city over its plan
to flush municipal identification
records and to shield undocumented
immigrants from President-elect Donald
Trump: "go ahead and sue us."
tttp:f/ob6erver.com/2016/11/clty-coti"Cil-speaker-to-gop-go-ahead-ard-sue-us-over-proposed-immlgrart-record-pLJ'rp' 1/S

1213f2016 City COlllCil Speaker to GOP: 'GoAheadanrJ Sue Us' Over Proposed Immigrant Record Plrge
A legislative trap door in the bill that

created the lD NYC program almost two
years ago enables the city to trash the

data files on its applicants, many of
whom are foreign nationals lacking
other forms of government paperwork,
should a nativist president assume
office. Assemblyman Ronald Castorina
and Assemblywoman Nicole Malliotakis
contended yesterday that this option, if
Mayor Bill de Blasio utilizes it as
proposed, could make it harder for
federal law enforcement to track
potential terrorists and criminals.
ADVERTISING
The two GOP lawmakers said they

gearing up to take the city to court to
force it to retain the documents .
hltp:/fct>server.com/2016'11fclty-Cotr1CII-speaker-to-~go-ahe00-SJ'd.sue-us-over-proposed-lmmi!1ant-recad-ptXge/ 215
12fll2016 City COlllCil Speaker to GOP: 'Go Ahead and Sue Us' Over Proposed lmmfs,-ant Record Pt.rge
"Go ahead and sue us/' Mark-Viverito, a

fierce advocate for both JDNYC and the
undocumented, spat out when the
Observer asked about the potential suit
at an unrelated press conference at City
Hall today.

The speaker, a prominent surrogate for
Hillary Clinton, has attacked Trump
repeatedly on Twitter and vowed that
New York City will remain a sanctuary
city in spite of Republican threats of
economic sanctions. She echoed the
mayor today in pledging that the city will
do whatever is necessary to protect the
program and its applicants from federal
incursions.
"There's a law in place and the law is very

explicit about how information is to be
handled," Mark-Viverito said during the

City Council's monthly pre-stated
meeting. "We are looking at exploring
those options and so we are gonna
exercise whatever rights we have as the
city. They want to raise the funds aud
they want to sue the city, they have every
right to do so if that's what they choose
to do."
And Mal!iotakis, for her pari, caught

wind ofMark-Viverito's comments. She
delivered an equally terse response.
ttlp1/ctserver.corru"l015'11/city-COLroCII-s]:e8ker-to-gop-go-ahea:t-and-sue-UB-over-proposed-immigrant-record-r.ugef

121312016 City COU"'dl Speaker to GOP: 'GoPJ'lead and Sue Us' CNer Proposed Immigrant Record Ptrge
"Arrogant," she tweeted. "l guess as long
as taxpayers will be footing the bill to

defend her shady policies in court, it's
ok."
The de Blasio administration, along with

Mark-Viverito and advocates, has argued
that IDNYC enables undocumented
immigrants to partake in simple, run-of-
the-mill activities that require proof of
identification, such as opening a bank
account. And while the mayor is still
encouraging people to sign up for
IDNYC, Mark-Viverito isn't ready to do
the same.
She said the city is reviewing its legal
options .
"l have not taken that position," she

added. "Obviously we are very concerned
about the [issue] now-between now
and the end of the year and now and
January 20-so we're very
clearly engaged in a conversation as I've
indicated before about one, the data is
secure right now and we're going to
retain a confidentiality."
A City Hail spokesperson told the

Observer yesterday that its staff carefully
verify personal information used to
obtain the municipal identifications, and
that an !DNYC an cannot be used to get

a driver's license, board a plane or cross a
t1tp:l/observer.C0011201&'11/city-COU1Cll-speaker-to-gop-go-ahead-ard-sue-l.S-over-p-opoaed-lmm!grant-record-purge(
12f312{}16 City COU1CII Speaker to GOP: 'Go Ahead ln:l Sue Us' Oler Proposed Immigrant Record Purge
border. The spokesperson also said the

city relies on the NYPD to "set the bar
for security."
This story has been updated to include a

comment from Assemblywoman Nicole

Malliotakis.
Disclosure: Donald Trump is the father-in-

law ofJared Kushner, the publisher of
Observer Media.
Council Speaker:
Security Costs
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EXHIBIT
F

1112912016 1l1ilrl; You from NYC.gov The Ofllcial New York City Web Site
NYC Resources I 311 \ Office of the Mayor
Thank You For Filling Out This Form
Shown below Is your submission to NYC.gov on Tuesday, November 29, 2016 at 12:23:11
This fonn resides at http:/lwww1.nyc.gov/site/hra/abouUfoil-request.page

NAME of FIELDS DATA
First Name: Ronald

Last Name: Castortna Jr
Address: 7001 Amboy Road Suite 202 E
Cl1y' Staten Island
State: NY
ZIP Code: 10307
Email: roncastorina@gmail.com
Phone: 718-967-5194
I request delivery, to my office address listed above, all scanned application
materials associated with IDNYC (also known as New York Citys Municipal
Request: ID program) program maintained by HRA and any other City Agency including
the Mayors Office in dig ita~ format.
Copyright 2016 The City of New York Contact Us I Privacy Policy I Terms of Use
h!Jp:/fwww.fftC.govldcftlcapc:t'a'validatecap 111

EXHIBIT
G
Case 1:16-cv-01496-BKS-DJS
Thank You frot.E NYC.gov wThe Official New York City Web SiteDocument 36-5 Filed 04/20/17
http:/Page 42 of 128
lwww.nyc.gov/doittcaptcha/v.alidatecap
NYC Resources l l 311 Office of the Mayor
Thank You For Filling Out This Fonn
Shown below is your submission to NYC.gov on Friday, December 2, 2016 at 16:51:06

This fonn resides at ht1p://www1.nyc.gov/site/hra/abouttfoil-request.page
NAME of FIELDS DATA
First Name: Nicole

Last Name: Matliotakis
Address: 11 Maplewood Place
CHy' Staten Island
State: NY
ZIP Code: 10306
Email: nysassembly60@gmail. com
Phone: 716-967-0197
I request delivery, to my office address listed above, all scanned
applicatlonmaterlals associated with IDNYC (also known as New York Citya
Request:
MunicipaiiD program) program maintained by HRA and any other City Agency
includingthe Mayors Office In digital fonnat.
I !

Copyright 2016 The City of New York Contact Us Privacy Polley Terms of Use
I ofl

121212016 4:51 Pfo..
EXHIBIT
H

121412016 MuiclpaiiD law has 'delete In case of Tea Party' clause I New Ycck Post
METRO
MunicipaiiD law has 'delete in case of Tea

Party' clause

By Tara Palmeri FebruBry 16, 2015 I 11:27pm
The city's new 10 program allows for personal date to be destroyed et the end of20161n case 11 conservative Republican Is elected president, the law's co-
sponsor told The Post.
Photo: Dennis A. C..rk
Get the shredders ready- the Tea Party could be coming.
The city's new munlclpaiiD program allows for personal Info proVIded by applicants to be destroyed at the end of 2016, In case a
conse!V8tive Republican wins the White House and demands the data, the law's co-sponsor told The Post on Monday.
City Councilman Carlos Menchaca (0-Brooklyn) said the measure was crafted so data submitted by those seeking the cards can be
destroyed on Dec. 31, 2016.
The cards are aimed at undocumented Immigrants.
&In case a Tea Party Republican comes Into office and says, 'We want all of the data from all of the munldpaiiD programs In the country,'
we're going to take the data," he explained.
The next president assumes office Jan. 20, 2017.
"That date is an Important signal to the future of Immigration reform. That allows us to prepare for any new leadership,~ Menchaca said.
In order to get an ID, residents must provide their names, addresses, aliases, dates of birth and other Information, making It easy for the feds
to Identify undocumented Immigrants.

Menchaca said the Obama administration has shown no Interest In going after the data, but he didn't want to take any chances on the next
administration.
"Though we have not seen documents like this get requested at the level of the federal government, that could be a posslblllty, so that
really allows us to protect the data," he said.
Immigrant advocates praised the provision.
"tt's no secret that one of the biggest sticking points In the ID programs Is ensuring that there's confidentiality, th&t Immigrants are
comfortably gMng their Information to the city; said Steven Chol, executive director of the New Yor1< Immigration Coalition,
"The sunset Is part and parcel of the effort to ensure confldentlallty.K
The bUllets the city destroy the Info If It determines It's no longer needed.
The cards were first available early last month. Demand has been overwhelming, with more than 200,000 appointments made for the cards
In less than a month.

Additional reporting by Bob Fredericks
Filed under barack obama, bill de blasio, carlos menchaca, municipal-id program, tea party
hltp:J/nyposlcoml201510211&municlpal-id-IBW'hBsdel$irrcase-of..tea-part.y-Ciause/ 1/2
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF RICHMOND

RONALD CASTORJNA, JR. and
NICOLE MALIOTAKIS,
:AFFIDAVIT OF
Petitioners, :RONALD CASTORINA, JR.
-against-
BILL DEBLASIO, in his official capacity as MAYOR OF THE

CITY OF NEW YORK,
THE OFFICE OF THE MAYOR OF THE CITY OF NEW YORK,
MELISSA MARK-VEVERITO, in her official capacity as the
SPEAKER OF THE NEW YORK CITY COUNCIL,
STEVEN BANKS, COMMISSIONER OF THE NEW YORK CITY
MATTHEW BRUNE, CHIEF OPERATING OFFICER OF THE
his official capacity, and
Respondents,

For a Judgement Pursuant to Article 78 of the Civil Practice Law and
Rules.
STATEOFNEWYORK )
) ss.:
COUNTY OF RICHMOND )
RONALD CASTORINA, JR., being duly sworn, deposes and says:
1. I am the elected representative of the 62nd Assembly District representing the
South Shore of Staten Island, New York. I am the ranking member of the Assembly's Committee
on Banks.

2.
NY 10307.
3.
The address to my district office is 7001 Amboy Road, Suite 202 E, Staten Island,
I submit this affidavit in support of the instant special proceeding seeking an Order
pursuant to CPLR 7803(2) prohibiting the respondents from deleting, scrubbing or otherwise
destroying any and all information submitted in connection with New York City's Municipal
Identification Card program (hereinafter "IDNYC"); and a declaratory judgment determining
68 RCNY 6-11 (Confidentiality of IDNYC Card Eligibility Information) violates New York
State's Freedom oflnformation Law (hereinafter "FOIL").
4. On November29, 2016, at 12:23:11 p.m., I submitted a FOIL request seeking:

application materials associated with IDNYC (also known as New
York City's Municipal ID program) program maintained by HRA
and any other City Agency including the Mayor's Office in digital
format.
See Exhibit A.
5. On September 1, 2016, the Superintendent of the New York State Department of
Financial Services, Maria Vullo, provided a letter to New York's banking industry encouraging
the acceptance ofiDNYC for banking and credit products. See Exhibit B.
6. On October 20,2016, I wrote Superintendent Vullo urging her reconsideration of
sentiments contained in her letter. See Exhibit C.
7. I raised my concerns relating to the ease with which individuals may fraudulently
utilize IDNYC to wreak havoc on New York's financial system. !d.
8. I additionally informed Superintendent Vullo her directive to New York's banking
industry may run afoul of multiple federal regulations governing the national banking industry.
Id
2
9. Superintendent Vullo failed to respond or acknowledge my letter dated October
20,2016.
10. Superintendent's actions leave me with no other option but to introduce legislation
at the State level designed to prevent New York State banks from accepting IDNYC to utilize
financial products. I, however, must access the IDNYC files to determine the level of due
diligence performed by the City before issuing government identification.
11. In recent weeks Mayor De Blasia announced his desire to exercise his purported
authority under 68 RCNY 6-11 and delete all records associated with the issuance of
governmental identification through the IDNYC program. See Exhibit D.
12. When my colleague and co-petitioner, Nicole Maliotakis, and I requested Mayor
De Blasia reconsider his position relating to IDNYC, respondent, City Council Speaker Mark-
Veverito, challenged us to sue to enforce the people's right to preserve and access infonnation
supporting the issuance of government issued identification. See Exhibit E.
13. If Mayor De Blasio, and members of his administration named here as co-
respondents, destroy the IDNYC records I will be unable to conduct a legitimate investigation

before preparing legislation affecting the rights of all New York citizens.
14. Any document destruction policy must, at the very least, maintain the records until
the governmental identification expires. Here, IDNYC identification remains effective for five
years, but the government purports to destroy the documents after only retaining them for two
years. This course of conduct proves to be simply illogical and cannot provide the basis for
transparent government espoused by the Mayor and Speaker.
15. The content of my FOIL request proves necessary to perfonn my duties as a
member of New York State's Assembly. The documents used to support the issuance of a
3

~<n""!"lentiill:ntillcatlon card,m\ghr IQ iem.m inWcf. )<) ~ o!lt l~itil1uite govemm-1 ai>d

.:plL inl&eatS
bli'L.
16,
, -~
The content, manni:r, arid: tliriin'g of * discli>sur Of tlt<:M gJ>Vemm-r

d~ts m~st [C\!i:Un oubjecua New York State's FOIL law.
17. Beyond my need w acees& these rCcar<l& for a l<gitifuate state interest. t:&e
gOvernment must retain goyernmental identiilc~on records and ~ir SJJpl>Orting ~ocubletdation
leadiftgto its issuance as: a:matterot"M~iOnal sequrity; it is conceiVably~ and. likely, a petsQn with.
nefariOus' intent could find their way into apprOpri~ngan 1DNYC ca,rd, and mayutitize same to:
. criminal sets, .deleteriOus to t:&e. wellllre

propagate . of oor city, stare, aDd naticn.
18. It would be incumbent upon law enforcement agencies to seek outafot~tioned
doc_uttienlatiQn for the plU.')lOses-of crime solving, and/or crime deterrence.. ThC'dC:.struetion ofthiR:
-
dOc~D,tatiOn wo:ul<f tetJder such hwesUgatitu,t ~it h:npossibility,
.
Dated> Dcecmber ~0!6
Stirten Island, NY
ST~rE OFNEW y()RJ( )

)ss.:
C()lJl<TY OF RICHMOND ) 1
On fu),. \..r ( ,
2Ql61. befqre me jlef801l31Jyq:~
IfmJ, ,Ro)llll~
Caslprina, Jr., to me known, aild known to be t:&eindiVi<hlal ~rlb<d .in, aildwJ,o ~the
fo Affidavit, and dul)l owledge to me
jhai be execii(e!l (lie ism~. .

EXHIBIT
A

1112912016 Th!lrk You from NYC.gov.The OfHcial New York City Web Site
NYC Resources I 311 I Office of the Mayor
Thank You For Filling Out This Fonn
Shown below is yours bmission to NYC.gov on Tuesday, November 29,

This fonn re ides at http://www1.nyc.gov/sitelhrafaboutffoil--request.page
2016 at 12:23:11
NAME of FIELDS DATA
First Name: Ronald

Last Name: Gastorina Jr
City: Staten Island
State: NY
ZIP Code: 10307
Phone: 718--9675194
I request dellvery, to my office address listed above, all scanned appllcatlon
Request: materials associated with IDNYC (also known as New York Citys Municipal
10 program) program maintained by HRA and any other City Agency including
the Mayors Office in digital fonnat.
Copyright 2016 The City of New York Contact Us I Privacy Policy I Terms of Use
hltp://WWW.IlfC.!PJ/doitlcaptdlafvalldatecap 1N
-- -~ ----~~-

' '

EXHIBIT
B

NEW YORK STATE

DEPARTMENTof
FINANCIAL SERVICES
Governor Superintendent
September I, 2016
Michael P. Smith
President and CEO
99 Park Avenue, 4th Floor
New York, NY 10016
William Mellin
President
P.O. Box 15118
AJbany,NY 12212
This letter provides guidance by the Department of Financial Services (the "Department'') on
whether the New York City Municipal Identification Card ("Municipal ID'') can be used by
banks and credit unions to verify the identity of prospective customers under New York's
accounts.
consumers and recognizes the Municipal ID as one method to expand access to financial Services
leads to savings and asset-building opportunities, and improves access to affordable credit
opportunities. Indeed, access to banking services can improve the overall economic well~being
of al1 New Yorkers and the New York economy.
The Department is aware that the Board of Governors of the Federal Reserve Systetl4 the Federal
Comptroller of the Currency (collectively, t~?-e "Federal Agencies'') have previously provided
(800) 342-3736 I ONE STATE STREET, NEW YORK, NY 10004-1511 l WWW.DFS.NY.OOV

guidance on this issue in a letter dated April30, 2015. 1 The federal CIP rule requires banks to
have CIPs for account opening that use risk-based procedures for verifying the identity of each
customer so that the bank can form a reasonable belief that it knows the true identity of the
customer. The minimum information a bank must obtain is the prospective customer's name,

date of birth, address and an identification number. 2
The CIP rule does not prescribe a specific type of government-issued identification card for use
by institutions. Institutions that rely on dOcumentary fonns of evidence to verify a customer's
identity should have procedures in place to identify the types of docmnents the institution will
accept for such verification. Accordingly, it is the Department's position that institutions may
CIP procedures.
The Department encourages New York state-chartered and licensed financial institutions to
to all potential customers to assess the risk presented by the customer and any need for additional
documentation or infonnation.
}:;;;jL,
Maria T. Vullo
Superintendent

~See Federal Agencies' response letter (Aprll3o, 2015). The Federal Agencies also concluded that the
identification number included on all Municipal IDs satisfies the non-U.S. person Identification number
requirement contained !n the federal CIP rules.
a31 C.F.R.1020.220; see 3 NYCRR Part 116.2

EXHIBIT
c
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-York. NY 1-
Hew YOlk IA8Ie ~IIIF'Imlncllll SllnloM
IU!: ' n r a r tnll1n Z' nn Cl!!l

DMr~Vull>:
, _ _ JIIIniJJOIIf_ .......... 1,20t8,1D. . - - . ~ill

AMCidan.lt'ld ....... YOlk Cfeiill~IU' tlii-Mfii'W . . IiS! C ,_.,
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~~ant-. Thlllillm,tf lds:IIIIIUon 1u01 . . .,....,., - lllui

lhltWIIInldlitkll.doiii ..... MIIriii ................ _ _ _ ,IrC
dfndllll <I ptllOI.....,. to tilllllln tn NW: Mill Ia' II 10 c.t 11 .,.. -
-.eerta'llly .........................
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NYC MWnloiptiiO en.- 11111....,1u ......,.. SMIII....,._Ntrr tni
ctoft01d.il8f'llwdtthlillfomtlllttW1prntt&d . . . . :JGafft M&IIDftCIIIIIII
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do. lnfMt.lwNYCI..FIIIIIpeiiDc.t ....... e_JIIII .......
Nlfdlllr:.. Ona...,...,.......... ...,. .......,.,,....lfPnrn
PllfO!i1 afflllelil tl _ _ . . . m,...._
..._..a 1&11...,
MlliJ tilllllln M lillm of lds:lllll:eii!IIID fl" I lie - S ... l.s?o .. M )Jill
n OJIII*'IV. taolgrlll ._ P"FIIIIIIIIf...., 1111111! ::r::d10 tni esii.IIIW
.......... .Od .............. Hew YOitoiiiW ... .., ...... AII---IIIa .... s
Wily.

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plllg JOU.-. 1: dlle 110 .........,..
IIUIIIIQIIno )'1111< opiii[Qp. "doe~'*.- 111 _.:De,_.
-
mil
..... NYC 10. Your leaior. f l i t - to...... _... ., . . _, .... tiON
will
t.- _.., - ... ~ wilh .... N'IC .,. to .......... ~ .... .
...w.. ptCCiido. ... ....... )'1111< ....... to ..... Yell(. . . . . . . - : -
_....,.......,d!lill:lneeforh!IOin~c:f. . -J!OU........_ .....
Your-. in lilY"""*"" 11 11~ ID -~~ . . Loet' - . . - . , .

,....... ln2008 ... felflell, . . _ _ _ , : : - - I -
fntlidlf~syllam. W.ate~a..,.ourue.tceaeq TattiiC. .. ,...,.

_ . . iJ'dearilllc:fl'leNYCIOIJIOUOMO:_Inlio_'f 11
~ lllerllfonl. rn~ ~ llle.fclc. 1),... mCIJI:I ... .......,

..-cl in The MunlcliPal ID l.lllllr; 2) llliw . . !*Jill Ill - tl:!lir IPI i..,.
flllllldll thlull!lllr in,_ Yoot< IMio4lh . . - iilfoe -~~~.- 3}lfll*.,.u!lt
lhon>uglo-~-....,...to . . tes' 'llnforcar lk:.....,_

EXHIBIT
D

' 12/312015 New York City may erase ID card data to prolectlllegallmmlgranls 1Fox News
U.S. HOME CRIME
ILLE!GAL 11U11GRAN1S
TERRORISM ECONOMY
New York City may erase 10 card data to protect illegal

immigrants
IMMIGRAT10N DISASTERS MILITARY EOUCATION ENVIRONMENT PERSONAl FREEDOMS REGIONS
Publlthed No119ml>er 15, 2016

Auode~Jte~Pran
Jlli< odatod Jno~ prov~ l>y N""'York Ctrv Hall ~- a ..,..ID oor4 iUti<!d b'f 1ho ~.1\dVt>Ooloo ofl.. l y .. (, ~liD card program aid ~ WOI/III ~olp poo,;o
tvirlg in lho <o1.<1lry il>lldv vomcn OUl o!'tl!e on.-. Now"""'" loor ~ coul:l in<l....:l opou t!>om lo dopon:oflon_ Siote Oono\11 Trwnp' prooidon11ololochon Vic!Or'J, lho ell)' ;o
oonold..-,g <:loo!royiog tl'to eonttooldoro' pouonol "'""'"' {Now Yott Cil)' Hahio AP)
NEW YORK- When New York City launched the nation's biggest municipaJID card program last year, advocates said it would
help people living in the U.S. illegally to venture out of !he shadows.
ADVERTISEMENT
But since Donald Trump was elected president, city officials are Instead fielding questions about whether the cards could put
that aUows for the infonnation to be destroyed at the end of the year.
I>J.Ieasl one state lawmaker has criticized that idea, saying It could make it Impossible to trace people If they have obtained cards
fraudulently.
htlp:/M<ww.toxnews.comlual2016111/15frew..yock-clty-may-erase-ld-card-data-fo..prolecl-Uiegal-lmmigarts.hlml 114
. 1213120'16 NewYOO: City may erase 10 ~d data to protect IUegalimmigrarb 1Fox News
Some immigrants take comfort in the city's stance, while acknowledging they are still wary.
Alberto SaldMa got his "iDNYC" card this year after spending 15 years In the country without legal authorization.
"It dkl cause me considerable concern, because they have my info1111ation, also the info1111ation of my son," the 53-year-old
But he felt reassured when Mayor Bill de Blasio said last week that the city would Mabsolutely" safeguard cardhOide!ll' Identities.
De Blasia, a Democrat, said officials would assess whether to delete the personal records, a provision that was built Into the

Included a vow to deport millions of people in the U.S. Illegally.
Munlclpai!D programs began in 2007in New Haven, Conn., and have expanded to about 10 cities, Including Los Angeles and
San Francisco. New York's program Is the most ambitious, with more than 800,000 cardholders, many of them U.S. citizens or
legal residents.
Officials encouraged everyone In the city to sign up, but the program was aimed at those without other forms of 10, including
homeless people and, especially, the estimated 500,000 immigrants living illegally in the city. The ID would help them do such
everyday things as cash a check or attend a parent~teacher conference at a public school, advocates said.
The program quickly proved popular, with New Yorkers waiting hours in nne and months for appointments to register early on.
Pope Francis received a ceremonial one during his visit to the city last year, and United Nations Secretary General Ban Ki-moon
said the card would make him na real New Yorker.n
But civil liberties advocates sounded alarms about the cll collecting identity documents that immigration authorities or law
The program's backers included language that allows for destroying the applicants' identity and residency information at the end

"Protecting It from a possible Republican president was just one of the reasons" for the provision, said City Councilman Carlos
"lfs completely irresponsible to destroy the documentation of people who applied for a govemment..issved 10 card," said state
Assemblywoman Nicole Malliotakis, a RepubliCan.
She said the proof~of~idenlity requirements may not be stringent enough to prevent fraud, and deleUng the recordS would leave
authorities ~no way of knowing who these people are, how they obtained this documentation.''
Some Immigrants and their advocates remain hopeful that the IDs won't backfire. The extent of the program should thwart using
it to target immigrants here illegally, since they represent only some of the cardholders, said Javier Veldes of Make the Road
New Yol1c:, an advocacy group that pushed for the program.
Juan Rosas Carrera plans to keep his appointment this weekend to get an IDNYC card, despite a friend's warning that II coukl be
risky to give authorities his name and address. Rosas Carrera, a Mexican national and construction worker, has been living in the
U.S. illegally for 17 yea!ll.
Still, he wants an 10 card to open a bank account and feels Irs worth the worry.
"I feel safe In New York. l also think that if you don't have a criminal record, nothing bad wnl really happen," said Rosas Carrera,
48. "Bull am a bit worried about Trump."
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tttp:ttwv.w.Ktnews.com/usl2016111/151new~york~clty~may-erase-id-card-data-to-protect~lllegal-immlwarts.html
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12f312016 New York City may erase ID card data to protect Illegal immigrants I Fox News
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1'111VJ!www.foxrews.comfusl2016111/15/naw-york-clty-may-erase-1d-card-ctata-to-protect-lllegal-immi!J"arts.hbnl
""

EXHIBIT
E
" Case 1:16-cv-01496-BKS-DJS Document 36-5 Filed 04/20/17 Page 64 of 128

Maiii<Uids, Castoflna ask city nottodes1rO>f IONYC docs j SIUve.com
-------------------------------
IDNYCdocs
Assembly members Nicole Malllotllkis and Ron Castorlna .k. speak against tile IDNYC program In st. George on
Monday, Nov. 28,2016. (Rachel Shapiro/Staten lslllnd Advance)

By Rachel Shlplro I rsllphoetsld.,.nce.eom
Email the uthor I Foil- on 1Withr
on November 28, 2016 11t 4:19PM, updated December 02,2016 at 7:05AM
STATEN ISLAND, N.Y.- If city officials destroy documents collected from illegal immigrants who apply for municipaiiD cards. they
are creating a "slippery slopen and putting national security at risk. say Assembly members Nicole Malliotakis and Ron Castorina
Jr., who are calling on officials to hold off.
The Republican Malliotakis has oppqsed the IDNYC proaram since its creation. as it exists primarily to provide undocumented
immigrants with photo IDs, something that will help them come out of the shadows, proponents argue.
Her newlyelected colleague, Castorina, also objects to giving government-issued IDs to those in the country illegally,
specifically ~iting his op~ltlon to allowing banks to accept the 10.!
ADVERTISING
inlleod lnvontod lty Toodl
ttlp'JNIWW.sillve.comJnewslir11ex.ssU2016111/malllotakls_castorlna_ask_clty.!Vnl

121412016 Malllolakls, Csstorina ask city no! to destroy IDNYC docs I SIUve.com
They argue that the documents required to obtain an ID card are not solid proof of identification and residency in the city. The
city doesn't consider legal status when determining whether to issue an ID card.
With Donald Trump's election, the liberal-leaning mayor and City Council are in favor of destroying the ID documents for fear they
could be used to locate undocumented immigrants in the city and deport them.
The city included a provision when it created the municipaiiD program to destroy all personal records it collected if a "Tea Party
Republican" wins the White House.
was done for "political reasons" Malliotakis said. "That in itself is concerning."
She noted the 9/11 Commission Report, which states that many of the hijackers used fraudulent documents to obtain IDs.
"That's the concern we have today." she said.
If a person with a city municipal JD card uses it for nefarious reasons, investigators would need access to the documents given to
the city. If they're destroyed, that could hinder justice. Malliotakis argued.
"It was a mistake to create this program and more of a mistake to destroy documents," she said.
While people applying for the ID must have three ~in~J9. ~o~!I~J:W:~Jhej_tl_~en~tles --like U.S. or foreign passports. U.S. or
foreign driver's licenses and U.S. ot foreign birth certificates-- but they only need one to confirm their city residency.
IDNYC can't be used to obtain a driver's license, board an airplane, cross international borders or rent a car.
Castorina called the ID program an "unmitigated disaster" and "an issue of national security."
Castorina, a lawyer and former commissioner for the city Board of Elections. is researching whether destroying the documents is
e should not be issuing identification cards to people who are not here legally," he said.
htlp:Jiwww.silive.IXIITI/neWsllndex.ssf/2016111/malliotalds_castorina_ask_city.html
.1214/2016 Mallic(akls, Castmna ask city not to destroy IDNYC docs I SIUve.com
He suspects that in many cases. fraudulent documents are used to obtain the IDs.
As for handing over documents to the federal government should it ask for it, "the City of New York has an obligation to follow the
law, n Castorina said. "The city is not above the federal government."

"The safety of New Yorkers is City Hall's top priority, and that includes the nearly 40 percent of city residents who are foreign
standard. Claims that IDNYC is being used by those intending serious harm is reckless fear-mongering- the lDNYC application
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ttlp'Jiwww.siiiVe.ccrnlreNs/irdeX.ssfl2016/11fmalll~s_castorina_ask_clty.hlml

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF RICHMOND
RONALD CASTORJNA, JR. and

NICOLE MALLIOTAKIS,
:AFFIDAVIT OF
Petitioners, :NICOLE MALLIOTAKIS
-against-
BILL DEBLASIO, In his official capacity as MAYOR OF THE

CITY OF NEW YORK,
THE OFFICE OF THE MAYOR OF THE CITY OF NEW YORK,
MELISSA MARK-VIVERITO, in her official capacity as the
SPEAKER OF THE NEW YORK CITY COUNCIL,
STEVEN BANKS, COMMISSIONER OF THE NEW YORK CITY
MATTHEW BRUNE, CHJEF OPERATING OFFICER OF THE
RICARDO BROWNE, EXECUTIVE DEPUIY COMMISSIONER,

Respondents,
For a Judgemeot Pursuant to Arfu:le 78 of the Civil Practice Law and

Ruies.
STATEOFNEWYORK )
) ss.:
NICOLE MALLIOTAKIS, being duiy sworn, deposes and says:
I. I am the elected representative of the 64" Assembly Dis1rict representing parts of
Brooklyn and Staten Island, New York. I am a member of the Assembly's Committee on
Banks.
I
10306.
2.
3.
The address to my district office is II Maplewood Plaoe, Stateo Island, NY
I submit this affidavit in support of the iostaut special proceeding seeking an

Order pursuant to CPLR 7803(2) prohibiting the respondents from deleting, scrubbing or
otherwise destroying any and all infonnation submitted in connection with New York City's
Municipal Identification Card program (hereinafter "JDNYC"); and a declaratory judgment
detemrilring 68 RCNY 6-11 (Confidentiality of!DNYC Card Eligibility lofurmation) violates
New York State's Freedom oflnformation Law (hereinafter "FOIL").
4. On December 2, 2016, at 6:51:06 p.m., I submitted a FOIL request seeking:

application materials associated with IDNYC (also known as New
York City's Municipal ID program) program maintained by liRA
and any other City Agency including the Mayor's Office in digital
~-A
5.
format.
On February 18, 2015, I wrote to Mayor Bill de Blasio, City Council Spesker

Melissa Muk-Viverito, Councilmember Daoiel Dromm, and Councilmember Carlos Menchaca,
expressing grave concern about the city's plans to destroy the records of individuals wbo obtain
JDNYC identification carda. See Exhibit B.
6. I suggested amending the law by removing the clause that permits the destruction
of records, and replacing it with language thai would require the reteotion of records acquired
through the IDNYC application process or, at the very least, ensure that the determination made
by the administering agency before the 2016 de-..adline is made in full consideration of our city's
interest in law enforcement and counterterrorism. Id.
2

7. On May 5, 2015, New York City Immigrant AJ'I.'rurs Commissioner Nisha
Agarwal, City Council Speaker Mark-Viverito, Councilmember Dromm, and Councilmember
Menchaca responded to my letter, stating ''the provision for review of the document retention
provision... is meant to ensure that as IDNYC grows its anti-fraud protections remain strong,
and that the balance between security and privacy remains accurate. Safety and security will
remain paramount during the review process.'' See Exhibit C.
8. I am currently researching potential legislation that would ameliorate the risk of
an individual acquirins an IDNYC card under false pretenses.
9. In furtherance of the public's interest with regard to the values of public safety
and transparency in government, I require access to the documents acquired through the IDNYC
application process to determine the level of scrutiny applied by the New York City Human
Resources Admi.nistration in issuing identification cards.
10. In recent weeks Mayor de Blasia announced his desire to exercise his purported
authority under 68 RCNY 6-11 and delete all records associated with the issuance of
governmental identification through the IDNYC program. See Exhibit D.
II. When my colleague and co-petitioner, Ronald Castorina, Jr., and I requested
Mayor de Blasio reconsider his position relating to IDNYC, responden~ City Council Speaker
Mark-Viverito, challenged us to sue to enforce the people's right to preserve and access
information supporting the issuance of government issued identification. See Exhibit E.
12. [f Mayor de Blasia, and members of his adminis1ration named here as co-
respondents, destroy the IDNYC records I will be unable to conduct a legitimate investigation
before preparing legislation affeering the rights of all New York citizens .
3
I Case 1:16-cv-01496-BKS-DJS Document 36-5 Filed 04/20/17 Page 70 of 128
13. Any document destruction policy must, at tbe very least, maintain tbe records
until the governmental identification expires. Here, IDNYC identification remains effective for
five years, but the government puiperts to destroy tbe documents after only retaining them for

two years. This co~ of conduct proves to be simply illogical and cannot provide the basis for
transparent government eapoused by tbe Mayor and Speaker.
14. The content of my FOIL request proves necessary to petform my duties as a
member of New York State's Assembly. The documents used to support the issuance of a
government identification card ought to remain intact to carry out legitimate governmental and
public interasts.
15. The content, manner, and timing of tbe disclosure of theae governmental
documents must remain subject to New York State's FOIL law.
16. Beyond my need to acceas these records for a legitimate state interest, the
government must retain govemm.ental identification records and their supporting documentation
leading to its issuance as a matter of national security. It is conceivable, and likely, a person
with nefarious intent could use fraudulent documents or reside in a New York City homeless

shelter for 15 days to meet the city's requirements to obtain identification through the IDNYC
program with tbe sole intention of exploiting il
Dated: December ,S:: 2016
N~
Ststen lslaod, NY
4

STATEOFNEWYORK
On ~
)
) ss.:
s:" ,
2016, before me personally came Nicole Malliotakis,
to me known, and known to be the individual described in, and who executed the foregoing
Affidavit, duly acknowledge to me that he executed the same.
PAUL MARRONE
Notary Publk: State of New YoJk
NO. 02MA6251i.~ .
Duallfttd in Rictlmon.~ lieUIIII'
My Commlnkln Expires I Z
5

EXHIBIT
A

Case -The
Thank You from NYC.gov 1:16-cv-01496-BKS-DJS
Official New York City Web SiteDocument 36-5 Filed 04/20/17 Page 73 of 128
http://www.nyc.gov/doittcaptcha!va1idatecap
NYC Resources I I 311 Offlce of the Mayor
Shown below is your submission to NYC.gov on Friday, December 2, 2016 at 16:51:06

This form resides at http://www1.nyc.gov/site/hra/aboutlfoil-request.page
NAME of FIELDS DATA
First Name: Nicole

last Name: Malliotakis
City: Staten Island
State: NY
ZIP Code: 10306
Email: nysassemblySO@gmail.com
Phone: 718~987-0197

applicationmaterlals associated with IDNYC (also known as New York Citys
Request:
Municipa!ID program) program maintained by HRA and any other City Agency
includingthe Mayors Office in digital format.
I Privacy Polley I
Copyright 2018 The City of New York Contact Us Terms of Use
1 ofl 1212/2016 4:51PM


EXHIBIT
B

THE ASSEMBLY
STATE OF NEW YORK

ALBANY
February 18, 2015
Han. Bill de Blasia Hon. Melissa Mark~Viverito Hon. Daniel Dromm Hon. Carlos Menchaca
Mayor Speaker Councilmember Councilmember
City Hall City Hall 37*32 75th Street 4417 4th Avenue
New York, NY 10007 New York, NY 10007 Jackson Heights, NY 11372 Brooklyn, NY 11220
Dear Mayor de Blasia, Speaker Mark-Viverito, Councilmember Oromm, and Council member Menchaca:
I write to you with regard to 3-115 of the New York City Administrative Code outlining the New York
City Identification Card {"IDNYC) program, enacted by Int. No. 253-A (2014} co-sponsored by Councilmembers
Dromm and Menchaca. My concern lies more specifically in subsection (e)(2) of the statute which states:
On or before December 31, 2016, the administering agency shall review data collected in
the report described in subdivision h of this section and make a determination regarding
the continuing need to retain records ... and shall make any appropriate modifications to
the policy for retention of records related to the New York city identity card program.
[emphasis added].
This provision orders the administering agency to ascertain, by the end of 2016, whether the records
obtained through the program's administration should be retained or destroyed.
Subsection (e)(3) reads, subsequently:
In the event that: (i) the administering agency fails to make a determination on or before
December 31, 2016 pursuant to paragraph (2) of this subdivision, or {ii) the administering
agency determines that records retention is no longer necessary, then the city shall not retain
originals or copies of records provided by an applicant to prove identity or residency for
a New York city identity card for longer than the time needed to review the application, and
any such records In the city's possession prior to such date shall be destroyed on or before
December 31, 2016 or, in the case of an application pending on such date, as soon as
practicable after a final determination has been made regarding the application.
[emphasis added]
Alarmingly, this provision orders the city to destroy these records should the administering agency fail
to enter the aforementioned determination by the required date, thereby creating a presumption that
retention of records will not be necessary .
DISTRICT OFFICE: 11 M~Qiewooel Pfaot. Staten IIJird. New~ 10308,. 718-987o01e7, FAX: 718-t87.oa&3
OfSTAICT OFACE: 7-408 Fifth Awlul. Broo6dyn. New'1'brk 11209 71M87o01r17, FAX: 718-987-oee3
E-maB: maliOtakilnO~us
Even more alarming were statements made this week by Councilman Menchaca indicating the reason
1
for the destruction of files would be politically motivated and not based on the safety and security of all New
2
Yorkers I find this reasoning wholly irresponsible.
While the intent of this statute was to provide undocumented residents, including those unlawfully
residing within the country, with government~issued identification, individuals may be taking advantage of this
program for malicious purposes. As you surely recall, the ensuing debate over Int. 253~A yielded concerns
with regard to security and the potential use of the identification cards to pursue committing acts of
terrorism. Many of the program's proponents responded to these concerns with arguments that the cards
3
would actually increase security and aid law enforcement4 by identifying undocumented individuals living
within New York City, providing an ancillary benefit used to build public support and persuade your colleagues
in government. The purging of data authorized by subsection (e) would more than simply compromise this
benefit, It would create a new risk to the safety of all New York City residents in that, should someone use the
program to create a fake identity for malicious purposes, we would be left without the means to learn how he
or she created it. The City of New York would have issued an estimate half million identification cards and
have no record of who those identification cards were issued to. The records provided to the city in pursuit of
the identification cards carry their own inherent value.
The everpresent fear of terrorism within our city has already been voiced with respect to this issue,
but it must not be overlooked. While over a decade has passed since New York City was attacked on
September 11, 2001, the threat endures. With the announcement of our nation's escalated role in fighting the
most violent and brutal terrorist organization the world has ever knowns, accompanied by reports on how the
6
members of that organization are attempting to infiltrate and attack natio'nS that oppose it , now is not the
time to take a political stance at the expense of our efforts to combat terrorism here at home. It is dangerous
and misguided.
I strongly urge you to amend 3115 of the New York City Administrative Code by striking subsection
(e) and replacing it with language that would require the retention of records acquired through the IDNVC

application process or, at the very least, ensure that the determination made by the administering agency
before the 2016 deadline is made in full consideration of our city's interest in law enforcement and
counterterrorism.
Furthermore, I remain concerned with how the program is fundamentally administered. Subsection (d)
of the statute lists a variety of documents that can be provided in order to obtain an identification card,
1
Christopher Mathias, How New York Ot}?s Municipa/ID Program Protects Immigrants From A Tea Party White Hause, THE
HUFFINGTON POST, Feb. 17, 2015.
2
Tara Palmieri, Municipa/ID law has 'delete In case of Tea Party' clause, N.Y. POST, Feb. 16, 201S.
3
Hearing an Intra. 253 To Create a New York Oty Identity Card Program Before the New York City Council Comm. on Immigration
(2015) (statement of Mindy Tarlow, Director ofthe Mayor's Office of Operations). {"Everyone needs identification to live In this city.
In the name of 'Security' a lot of the buildings are asking for I D's before you are allowed to enter the building even public bull dings
are asking for !D's and if you don't have an IDyou will not want to risk going into that building.")
4
Transcript of the Minutes of the Stated Meeting, June 26, 2014 (2014) (statement by Mark Levine, M!!mber of the NewYorlc City
council). ("{G}ood law enforcement benefits from having IDs for anyone, which law enforcement officials have an encounter.
Having identification facilitates law enforcement.")
5
Letter from Barack Obama, President of the United States, to the United States Congress regarding Authorization for the Use of
United States Armed Forces In connection with the Islamic State of Iraq and the levant, {Feb. 11, 2015).
6
Tom Porter, ISIS militants travel to Europe disguised as Syrian refugees, INTERNATIONAL BUSINESS TIMES, Jan. 30, 2015,
DISTRICT OFFICE: 11 MaplewOod f'tact., Staten 1t1n1. New~ 1030e11H8'7.019'1. FAX: 71M81-0163
DISTRICT OfFICE: 7408 Fifth~ 8fooklYn. New York t1209 718-987.0tr7, FAX: ?ta.G$7.(18:83.
E-mili: mallolaldsttOauemtlly.aQde,ttV.U$
ranging from a foreign national identification card 7, to a written verification issued by a homeless shelter that
the applicant hC!S been in the city for at least 15 days 8, to "any other documentation that the administering
9
agency deems acceptable. " While the IDNYC application requires the production of multiple documents,
weighted in accordance of their reliability and ability to withstand scrutiny10, the lax restrictiveness of the
statute would permit these requirements to be relaxed and allow the IDNYC program to lower the standard
for application. I strongly urge you to amend 3-115 by explicitly identifying which documents are required or,
at the very least, codify the requirements presently indicated on the IDNYC application.
My final concern lies in questions as to how the document requirements were promulgated. Were the
U.S. Department of Homeland Security and the New York City Police Department Intelligence Division &
Counterterrorism Bureau consulted during the creation of this program? Have you investigated, or
considered, the ramifications of destroying files of hundreds of thousands of applicants who will now have
government-issued identification cards? Further, can you identify controls that have been implemented to
ensure that the documentation provided with an application is not fraudulent?
I thank you in advance for your consideration of my suggestions, and anxiously await your response to
my questions.
Very truly yours,
rtl.~
cc:
Member of Assembly
Hon. Vincent Gentile, Councilmember, 43rd District

Hon. Vincent lgnizio, Council Minority leader, 51st District
Hon. Steven Matteo, Councilmember I soth District
Hon. Deborah Rose, Council member, 49th District
7
N.Y.C. ADMIN. CoDE 3-115(d)(l)(viii).
8
1d. at 3-115(d){2)(xi).
9 ld. at 3-115(d)(3)(xil) .
10
IDNYC Application, http://www.nyc.gov/assets/idnyc/downloads/pdf/application-materlals/application_english.pdf.

EXHIBIT
c

MAY 0 ~ 2015
May 5, 2015
Assemblywoman Nicole Mal iotakis

District Office
11 Maplewood Place
Staten Island. New York 103~6
Dear Assemblywoman Mallittakis:
Thank you for your I4ler regarding IDNYC, the Citfs new municipal identification card
program . '
The City launched IDNYC in January. All eligible New York City residents 14 and older
may now .obtain the IDNYC card. The card was designed to be attractive and useful for all New
Yorkers. IDNYC cardholder$ have access to, among many other benefits. free or discounted
admission to cultural ins1ituti~ns and discounts at movie thea~rS and local businesses. The card
is accepted by the NYPD ~valid identification for many purposes, and it even doubles as a
library card. Cardholders rna access City buildings and services. Inde~ inclusion is_ critical to
the success of the IDNYC c , as it brings diverse New Yorkers together and gives all the same
benefits and opportunities. 0 e City-one card. The availability of the card to all New Yorkers
also reduces barriers to full Iparticipation in: civic life for the elderly, homeless, immigrants,
transgender and other commUnities that have historically had difficulty obtaining identification.
That makes our City safer. Importantly, we found that those without identification very often do
not engage law enf()r~ment when they witness or are the victim of a cri.nle. With the IDNYC
card, vulnerable New YorkerS; can come out ofthe shadows in a safe and secure environment.
Making sure that the lDN C card is safe and secure was, of course, critical for us. In drafting
the legislation establishing th IDNYC program, as well as the rules governing implementation,
we took great care_ to rninimi the possibility of fraud and maximize security and public safety.
We consulted with experts, i eluding the NYPD and its Intelligence Burea~ who contributed to
the development of security nd anti-fraud protections. These experts also helped us fonnulate
document vetting protocols, well as the quality conttot measures we adopted for IDNYC's
critical backend verification process.
It bears noting that the City committed significant resources to building a robust and effective
identification verification prorss.
!

Applicants may only obtain the card if they can provide sufficient acceptable documents to
prove identity and New York City residency. We have established a strong supporting document
criteria system and eligibility verification methods, not unlike those used by the state Department
of Motor Vehicles to deter fraud. The initial identity verification process also utilizes facial
recognition software, so that fraud may be detected during the renewal process. Important
information appearing on all IONYC cards, including cardholdees name, address, photo, and
other infonnation, is retained indefinitely:
The supporting document retention provisions and protocols, also established in consultation
with the NYPD and other security experts, are designed to ensure the integrity of the card and the
personal safety and privacy interests of New Yorkers. The provision for review of the document
retention provision that you referenced in your letter~ is meant to ensure that as IDNYC grows~
its anti~fraud protections remain strong, and that the balance between security and privacy
remains accurate. Safety and security will remain paramount during the review process.
As a result of all these security measures, the NYPD has authorized police officers to accept
the card as valid and sufficient identification for many interactions with the public. Further, the
IDNYC card is considered so secure, that no fewer that twelve banking institutions in the City
accept it for purposes- of opening a bank account. While we are confident that the procedures and
card design are strong fraud deterrents, we will remain vigilant regarding card-related security

matters.
Thank you for your concern regarding these matters. lf you have any further :questions
please contact Bitta Mostofi at 212-676-3024 or via email at bmostofl@mqia.nyc.gqv.
Sincerely,
.,~
Nisha Agarwal
Commissioner, NYC Office of Immigrant Affairs
/11~
Melissa Mark Viverito
Speaker, New York City Council

Daniel Drornm
Chair, Committee on Education
New York City Council
IDNYC Bill Sponsor .
Carlos Menchaca
Chait, Committee on lmmi~tion
New York City Council

IDNYC Bill Co-Sponsor
""T

EXHIBIT
D

121312016 New York City may erase ID l3'd data to protect IUegal immigrA I Fox News
llome VIdeo Polill<:$ u.s. Opinlnn Buslo,.s~ Enlert>Hlmnut T~ch Selenoe Ji .. n~ Travel Lll~ly!<; W<>rld OnAlt
U.S. HOME CRIME TERRORISM ECONOMY IMMIGRATION DISASTERS MILITARY EDUCATION ENVI~NMENT PERSONAL FREEDOMS REGIONS
II.I.EGAL tlltNIORANTS

immigrants
Publlllhecl November 15, 2016
NEW YORK- When New Yo''~~~yl::::~:;~,;~~:~~:~::::;~"";,;;paiiiD card program last year, advocates said it would
help people living in the U.S. ill venture out of the shadows.
ADVERTISEME~
But since Donald Trump was electeclpresident. city officials are instead ftelding questions about whether the cards could put
The city has vowed to protect cardho~ers' personal records and might even delete them using a kind of self-destruct provision
that allows for the information to be tstroyed at the end of the year.
At least one state lawmaker has critlqlzed that idea, saying It could make it impossible to trace people if they have obtained cards
fraudulently. I
http'JN.tww.foxnews.corniUs/2016/11115/reN-yorJt..city-m&y..eras&id-card-dat!rto-prolecl-lllegal-lmml!J'anls.ttml 114
1213'2016 New Ya1< City may erase ID e<nl dalatop-olect lllegallmmlgrarts I FCII( News
Some immigrants take comfort In the city's stance, while acknowledging they are still wary.
Alberto Saldivia got his 1DNYC" card this year after spending 15 years In the country without legal authorization.
"II did cause me considerable concern, because they have my lnfonnatlon, also the infonnalion of my son," the 53-year-old
But he felt reassured when Mayor Bill de Blasio said last week that the city would "absolutely" safeguard cardholders' identities.
DeBlasio, a Democrat, said officials would assess whether to delete the personal records, a provision that was built into the

Included a vow to deport millions of people In the U.S. inegally.
MunlcipaiiD programs began In 2007 in New Haven, Conn., and have expanded to about 10 cities, Including Los Angeles and
San Francisco. New YorK's program iS the most ambitious, with more than 600,000 cardholders, many of them U.S. citizens or
legal residents.
Officials encouraged everyone in the city to sign up, but the program was aimed at those without otherfonns of 10, including
homeless people and, especially, the estimated 500,000 immigrants living alegally in the city. The ID would help them do such
everyday things as cash a Check or attend a parent-teacher conference at a public school, advocates said.
The program quickly proved popular, with New YorKers wailing hours in line and months for appointments to register early on.
Pope Francis received a ceremonial one during his visit to the city last year, and United Nations Secretary General Ban Kl-moon
said the card would make him "a real New YorKer."
But civil liberties advocates sounded alarms about the city collecting Identity documents that Immigration authorities or law
The program's backers included language that allows for destroying the applicants' identity and residency infonnation at the end
~Protecting
it from a possible Republican president was just one of the reasons~ for the provision, said City Councilman Carlos
"lfs completely irresponsible to destroy the documentation of people who applied for a govemment-lssued ID card.a said state
Assemblywoman Nicole Malliotakis, a Republican.

She said the proof-of-identity requirements may not be stringe111t enough to prevent fraud, and deleting the records would leave
authorities "no way of knowing who these people are, how they obtained this documentation."
Some Immigrants and their advocates remain hopeful that the IDs won't backfire. The extent of the program should thwart using
it to target immigrants here illegally, since they represent only some of the cardholders, said Javier Valdes of Make the Road
New YorK, an advocacy group that pushed for the program.
Juan Rosas Carrera plans to keep his appointment this weekend to gel an IDNYC card, desplle a friend's wamlng thalli could be
risky to give authorities his name and address. Rosas Carrera, a Mexican national end construction worker, has been living in the
U.S. iUegally for 17 years.
Still, he wants an ID card to open a bank account and feels lfs worth the worry.
"I feel safe in New YorK. 1also think that if you don't have a criminal record, nothing bad will really happen, said Rosas Carrera.
48. "But I am a bit worried about Trump."
Trending in U.S.
1 Why Trump Wll right to blk with
T1lwan'1 PNiklent
2 I'm Democl'lt 1nd I'm 11n.m.dlt

how ton d"f - " become

12/:Y2Q16 New Yorll City may erase ID card data to protect Illegal immigrants 1Fox NeYIS
Rep. McCaul; Yea, we wUI build a wall,
put Maxlco on a "payment planw and
anforoe thalaw
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EXHIBIT
E
'-"- --, ,,..~, --

171<112Q16 Malliotakls, Castorlna ask clty nottodes1rC IDNYC docs j SIUve.com
------------------------------
IDNYCdocs
.l.ssembly memherl Nicole Malllotakls and Ron Castorlna Jr. speak against the IONYC program In St. George on
Monday, Nov. 28,2016. (Rachel Shapiro/staten Island Advance)

By Raehel Shapiro 1 rshaplroOsladvanee.eom
Email the uthor I Follow on Twitter
on November 28, 2016 at 4;19 PM. updated Dec-ember 02, 2016 at 7:05AM
STATEN ISLAND, N.Y.~ If city officials destroy documents collected from illegal immigrants who apply for municipaiiD cards, they
are creating a nslippery slope" and putting national security at risk, say Assembly members Nicole Malliotakis and Ron Castorina
Jr. who are calling on officials to hold off.
The Republican Malliotakis !!!!_~posed _the IDNYC P~&!!!!!! since its creation, as it exists primarily to provide undocumented
immigrants with photo IDs, something that will help them come out of the shadows. proponents argue.
Her newly-elected colleague, Castorina, also objects to giving government-issued IDs to those in the country illegally,
specifically cltlng!l.!!_.~pposltlon t~s t~~~
ADVERTISING
lnRood lnvonlo~ "or Toodo
http:/M'Ww.silive.comlneWsllrdex.ss~16111/malllotakls_castorlna_ask_clty.hbnl

121412016 Mallidakis, Casta-Ina ask city not to destrO'J IDNYC docs 1SIUve.com
On Monday, the two Assembly Republicans poke outside the Staten Island Business Center on St. Mark's Place in St. George,
where city residents can obtain the ID cards
They argue that the documents required to btain an ID card are not solid proof of identification and residency in the city. The
With Donald Trump's election, the liberaHe ning mayor and City Council are in favor of destroying the lD documents for fear they
could be used to locate undocumented imm grants in the city and deport them.
back to deporting only those who commit c imes.
The city included a provision when it create the municipal tO program to destroy all personal records it collected if a ~rea Party
was done for "political reasons" Malliotakis said. "That in itself is concerning."
She noted the 9/11 Commission Report, whiph states that many of the hijackers used fraudulent documents to obtain IDs.
"That's the concern we have today," she sai~.

'
If a person with a city municipaiiD card use+ it for nefarious reasons, investigators would need access to the documents given to
the city. If they're destroyed, that could hin~er justice, Malliotakis argued.
"It was a mistake to create this program and more of a mistake to destroy documents," she said.
While people applying for the ID must have three ~ints to confirm their id!~lt!!! --like U.S. or foreign.passports, U.S. or
foreign driver's licenses and U.S. or foreign birth certificates-- but they only need one to confirm their city residency.
That could be a utility bill, a bank statement lor a letter from the city Housing Authority if the applicant lives in public housing.
and a letter from the shelter management f~lfills the requirement for one proof of residency.
Castorina, a lawyer and former commission~r for the city Board of Elections, is researching whether destroying the documents is
e v e should not be issuing identification car~s to people who are not here legally," he said.
tttp:/Jwww.slllve.comfneWsJirdax.ssf/2016/11/malliotakjs_castorina_ask_clty.html 213
12/4'2016 Malliotaki$, Castorlna ask city not to destroy IDNYC docs I SIUve.com
H,e suspects that in many cases, fraudulent documents are used to obtain the IDs.
As for handing over documents to the federal government should it ask for it "the City of New York has an obligation to follow the
law," Castorina said. "The city is not above the federal government."

"The safety of New Yorkers Is City Hall's top priority, and that includes the nearly 40 percent of city residents who are foreign
standard. Claims that IDNYC is being used by those intending serious harm is reckless fear-mongering- the IDNYC application
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-------------,--------------------------
SUPREME COURT 01' THE STATE OF NEW YORK

COUNTY OF RICHMOND
In the Matrer of
RONALD CASTORINA, JR. and

:INDEX N O . - - - - - -
NICOLE MALLIOTAKIS,
Petiti laintiffs,
-against-
BILL DEBLASIO, in his o cia! capacity as MAYOR OF TilE

CITY OF NEW YORK,
TilE OFFICE OF TilE MA OR OF THE CITY OF NEW YORK,
MEUSSA MARK-VIVE , in her official capacity as the
SPEAKER OF TilE NEW Y RK CITY COUNCIL,
STEVEN BANKS, COMMI SIONER OF TilE NEW YORK CITY
HUMAN RESOURCES AD INISTRATION/DEPAR1MENT OF
SOCIAL SERVICES, in his fficial capacity,
MATTIIEW BRUNE, C OPERATING OFFICER OF TilE
NEW YORK CITY HU RESOURCES
ADMINISTRATION/DEP 1MENT OF SOCIAL SERVICES, in

RICARDO BROWNE, E UTIVE DEPUTY COMMISSIONER,
MANAGEMENT INFORMATION SYSTEMS,IflJMAN
RESOURCES ADMINIS TION/DEPAR1MENT OF SOCIAL
SERVICES, in his official
For a Judgement Pursuant to le 78 of the Civil Practice Lew and

Rules.
MEMORANDUM OF LAW IN SUPPORT OF PETITIONERSIPLAINTIIIP'S'

ORDER TO SHOW CAUSE
The Law Office of Jeffrey Alfano

1000 SOuth Avenue
Staten Island, NY I 0314
Attorney for Petitionenr/Plaintiffs
Ronald Castorina, Jr. and Nicole Malliotaltis.
On The Brief
Jofliey Alfimo
TABLE OF CONTENTS
TABLE OF AUTHORITIES , . .. . . . . . . . . . . . . . . . . . . . . . ..
Pace()
I

i'RELIMINARYSTATEMENT ............................................................................ 4
STATEMENT OF FACTS.............................................................................. 6
POINT!
New York's Freedom of Information Law Requires Respondents Preserve Government

Recolds Submitted In Connection With The IDNYC Program This Court Must Issue
BD Order Prohibiting Respondent From Proceeding Without Jurisdiction to Destroy
These Government Doouments ... . .. . . . .. .. . . .. . ... . . .. .. .. . .. . .. . . . . .. . . .. . . . . .. . .. . . .. . . .. ... .. II
POINTfi
The IDNYC Enabling Statute and Subsequently Issued Regulations Restricting Access
To Reconls Associated with the IDNYC Program And Calling For Their Arbitrary
Destruction Violate New York: States Freedom of Infonnation Law . . . . . .. . . . . . . . . .. . .. .... 13
CoNcLUSION ................. , .... , , , .... , , . , , , , ....... , ... , .. , , ........ , .. , , , , ... , , ..... , . , , , . , , , , . !5

2
TABLE OF AUTHORITIES
Poge(s)
Bradfordv. Helman, 24 AD2d 937 (I" Dep't 1965) ...................................... 12
Newsday.lnc. v. Sise, 71 NY2d 146(1987)................................................ 11
Roche v. Lamb, 61 Misc.2d633 (N.Y. Sup. Ct 1969),

app. dismissed, 33 AD2d 1102 (4"' Dep't 1970), aff'd, 26 NY2d 54 (1970) .......... 12
Tartan Oil Corp. v. Stat Dep't ofTaxation & Fin., 239 AD2d 36 (3d Dep'l. 1998).. 11
STATE STATVTES
C.P .L.R. 7803(2) ......... .... ................ .... ............... ................ ..... ......... 12
Public Officers Law 84 .. .. .. .... . .. .. .. . .. ... .. .. . .. . .. .. .. .. .. . .. ..... .. . .. . .. . .. ... .. ... .. 11
Public Officers Law 89 .. . ... .. . .. . . .. . . .. . .. .. .. . .. .. . .. .. .. . .. . .. . .. .. . .. .. . . .. .. .. . .. ..... 13
Vehicle and Traffic Law 502 .......................................... ..................... 14
Vehicle and Traffic Law 508 .............................................................. .
STATE REGULATIONS
15 NYCRR 160 et seq........................................................................

14
14
15 NYCRR 161 et seq. ....................................................................... 14
NEWYORKCJTYLocALLAWS
New York City Local Law 3512014 .......................................................... 8
NEW YORK CITY REGULATIONS
NYC AdminiS1l'olive Code 3-115(e) ... . ..... ............... ... . ......... ..... ... . ........... 9, 12, 14
68 RCNY 6-11 .................................................................................. 9, 12, 14
3
PRELIMINARY STATEMENT
Mayor de Blasio claimed: "I believe deeply in transparency.. and want to make public "a

whOle swath of infOTiilation" about "dayto-day government business.''' Mayor de Blasio
investigated City agencies' responses to Freedom of Information Law ('.FOIL'~ requests in his
fanner role as Public Advocate. During that time he believed mayoral administrations must follow
FOIL and conclud~ ..the bottom line here is: This is not an optional matter, and we have to stop
letting people get away with it [ignoring/denying FOIL requests]."' Indeed, Speaker Mark
Viverito sang the praises of open government data this past April in response to the opening of the
New York City School of Data conference celebrating the fourth anrtiversary of the city passing
its first open data law. Speaker Mark~Viverito proclaimed this past Spring her vision of open
government technology working ''to tell a story, one that has rarely been told rightly before. I
want our data to move people, organizations, and of course, governments to act differently." 3
Inexplicably Mayor de Blasio and Speaker Mark-Viverito, two champions of open
government and transparency, seek the destruction of nearly 1,000,000 applications kept in

connection. with New Y otk: City's Municipal Identification Program ("IDNYC") before the close
of the year. While both Mayor de Blasio and Speaker Mark Viverito only recently voieed theit
intention to unilaterally destroy documents associated with the largest municipal government
identification program in the country, they seek the benefit of a poison pill which destroys evidence
of the lDNYC program but keeps the program alive.
Sally Goldenberg, De Blasia to Disclose 'Substantive ' Lobbyist Meetings, POLITICO; May
27, 2014 atfll<:bed to the Affirmation of Jeffrey Alfano ("Alfano AfT.") as Exhibit A.
2 Kate Taylor, De Blasia Pushes on Information Requests, The New York Times, Oct 19~
2011. Alfano Aff. Exh. B.
' Kaela SanhnmHum, New York City's Evolving Approach to Open Data, GoTHAM
GAZEm, Aprilll, 2016. Alfano Aff. Exh. C.
4
CoW>Cil Member Mencbaoa unabashedly told the New York Post in February 2015, "In
case a Tea Party Republican comes into office and says, 'We Want all the data from all of the
municipol!D programs in the cotmlly,' we're going to take the data. " 4 The New York City Council
anp the Mayor's Office selec the December 31, 2016, data destruction date simply to "allow us
(the City COW>Cil] to prepare r any new leadership [in Washington, D.C.)" according to Council
Member Menchaca.'
New York's Freedom flnformation Law ("FOIL'1 contemplates restricting public access
to public documents in limited circumstances. It does not consider the wholesale destruction of
public records based on the po iticalleonings of democratically elected officials. The presumption
remains documents created n the public realm belong to the people and not individual
ndministrations. This Court cannot and must not allow the Mayor, the Speaker, and their
administrations from taking aqtion far exceeding their collective jurisdictions. Simply stated, the
Respondents announced a course of conduct concerning IDNYC records rejects every American
ideal associated with the free ~ open operation of government.
4 Tara Palmeir, Munic~IID law hml 'delete in case oj'Tea Party' clause, NEW YORK POST,
Feb. 16,2015. AlfanoAff. Eq. D.
' Seeld !
5
A.
STATEMENT OF FACTS
Creation of tbo IDNYC Program

The New York City Council ("Council') sought to remedy a number of problems it saw

when it adopted the IDNYC program. A major problem identified by the Council was finding a
solution to provide valid identification for citizens who simply have no reason to drive cars.
During hearings contemplating the introduction of a bill enabling the Mayor to create the IDNYC
took testimony from many stakeholders before submitting the measure to the full Council. One
such witness was Mindy Tarlow, the Director of Mayor's Office of Operations. During her
testimony before the New York City Council's Committee on Immigration envisioned a municipal
identification program relying on an administrative model similar to the State Department ofMotor
Vehicles. See Alfano Ail'. Ex. E (Transcript of the Minutes of the Committee on Immigration,
April30, 2014) p. 341ines 17-25 (considering application process); p. 35 lines 15-25 (considering
fraud protection for the document). During the same committee meeting. Sue Dom, a leader of
Manhattan Together and Metr_o-IAF echoed Director Tarlow's sentiment that a New York City
Municipal Identification Card would provide a similar fonn of identification for her as an SQ..year-

old woman without the ..hassle of dealing with New York Stat1 s DMV." Jd. at p. 20 lines 22-25.
When the proposed legislation made it to the floor of the entire Council, Council Member
Levine artlculately explained his vote in favor of the measute. The Council Member stated:
New York City is among the localities in America with the lowest
rates ofdriver's license among its residents. Well under 60% among
aduhs, and it's plnmmeting among young people. That number is
trending downwanl. This at a time when the circumstances in which
we need IDs is rapidly proliferating ... So Ibis provides a solution
for over 40% of adults jn New York. a nwnber which is growing.
that do not have mun1cipal1Ds.
6

--------------,--------------------------------
Alfano Aff. Exh. F (Transcript of the Minutes of the State Meeting, June 26, 2014) p. 61 lines 13-
20).
In the end,IDNYC passed, in part, based on its modeling of the practices and procedures
found in the administration ot' New York State's Department of Motor Vehicles ensuring the
I
integrity of the identification. I
However, the IDNY4 program contains a provision pennitting the destruction of

I
documents submitted to the gOvernment to obtain the identification card. Identification issued
through the NYCID program c;xpires five years after it is issued to an individual. The New York
I
City Code, however, permits t destruction of records associated with the NYCID program after
two years solely at the discreti n of the Respondents.
B. Contemplation ofTh Destruction of Public Records in Violation of FOIL
Council members id ified the IDNYC enabling statute contained significant drafting
flaws. /d at p. 42lines 23-25 d p. 43 lines 2-46 and p. 64li11es 7-19. 7 Glaringly, and identified
by thenMinority Leader Vin t lgnizio, the enabling statute permitted the destruction of public
records leading to serious con s relating to proper policing within New York City and wherever
6 Council Member GaroPn.ick: ...lbere are open issues hete that we are delegating to the
Mayor to sort out, including h~to conclusively prevent fraud. I recognize the premium that is
being placed on speed, but m preference for this institution would have been for the Comtcil to
work these questions out in ad ce."
!
7 Council Member Greeljlfield: "[I)t certainly is a complicated issue in terms of Municipal
ID, and I share the concerns tMt some of the members have raised. I think that we could have had
some tweaks to the bill. We could have had more robust discusSion on the bill, and we certainly
could have improvements on the bill. But we in our position as elected official[s] don't get to vote
on perfect legislation nonnal (f,c). We generally get to vote on imperfect legislation and by to
figure out the merits of said le,islation."
7
,- ,~ '' -",..,.. ro:-"".-
11, New York City Loesl Law 35/2014, see a/so Alfano Exb. F (Transcript of the Minutco of the
State Meeting, June 26, 2014) p. 52 lines 20-25, p. 53 lines 2-25 8
In the weeks following the effective date of the enabling statute and accompanying rules,

the public learned the so-called drafting flaws were not included due to the speed of passage but
were part of a methodically thought out plan to circumvent open government requirements
contained in New York Freedom of Information Law.
In a New York Post article entitled "Municipal ID law has 'delete in case of Tea Party~
clause" Council Member Menchaca bragged about the provision allowing the Respondents to
destroy public records at the end of2016 was "In case a Tea Party Republican comes into office
and says, 'We want all of the data from all of the municipal ID programs in the counlry,' we're
going to take the data." See Alfano Aff. Exb. D. While the article speaks about the document

destruction provision of the law as a "sunset'' provision. nothing can be farther from reality. The
IDNYC program would not come to an end should Respondents exercise the document destruction
provision before December 3-1, 2016. The program, instead, continues but the government records
supporting_ the distribution of the government identification card would be destroyed.
C. Petitioners' Requests To Preserve Publicly Filed IDNYC Documents

On September 1. 2016, the Superintendent of the New York State Department of Financial
Service!l (hereinafter "the Superintendent") issued a letter to New York's banking lnduslry
encouraging acceptance of IDNYC for banking and credit _products:_

-------- -------- ----- --------
........... -- ---. ---- s_~e ~f~'?:
"
.M ~-.G:_ -~ ._______ ... - ..........
October 20, 2016, Petitioner, Assembly Member Castorina, wrote the Superintendent requesting
' Council Member Ignizio: "It then goes on to say that we will destroy that documents that
we retain, that we are tak[ing] from those tbat are seeking [a municipal id] ... I will vote no on this
bill because I believe there are legitimate security concerns that have no[t] been adequately
addressed in it, and notwithstanding the desire of my colleagues to act in a compassionate manner

to ensure that penple aren't treated .. unfairly."
8
.-----------------,---------~------ --- -------------"
the reconsideration of the ~timents contained that Jetter. See Alfano Aff. Exh. H. The
Superintendent issued no rsponse to Assembly Member Castorina's letter~ nor was it
acknowledged in any otherrY In recent weeks Mayor de Blasia annotmced his intention to
destroy all records associat with the issuance of the IDNYC program through his pmported
authority under NYC Admi~strative Code 3-115(e) and 68 RCNY 6-11. See Alfano Aff. Exh. I.
On November 28, 2116, Petitioners requested Respondents refrain from destroying any
government documents su~tted in connection with the IDNYC program. See Alfano Aff. Exh.
J. On November 29, 201J, Respondents publicly rejected Petitioners requests to preserve
documents submitted in co~ection with the IDNYC program through Speaker Mark-Viverito's
statement to the press telling fetitioners to "go ahead [and] sue us." See Alfano Aff. Exh. K.
Petitioners require a'fess to the governmental documents kept in connection with the
rol~s as members of the New York State Assembly's Committee on

IDNYC program in their
Banks to introduce legislatio~ concenring the ID's acceptance in banks governed by New York
law. To preserve these dofuments Petitioners filed FOIL requests with New York City'S
Department of Human Resources Adrninistration!Department of Social Services (hereinafter
"New York City HRA'). I
On November 29, 201 r at 12:23:11 p.m., Assembly Member Castorina submitted a FOIL
request seeking:
delivery, toJ office address listed above,. all scanned application

materials asso~ated with IDNYC (also known as New York City's
Municipal ID rogram) program maintained by HRA and any other
City Agency i luding the Mayor's Office 'in digital format.
See Alfano Aff. Exh. L. J.

Similarly, on Decem 2, 2016, at 6:5 I :06 p.m., Assembly Member Malliotakis submitted

a FOIL request seeking;
9
delivery, to my offiee address listed above, all scanned application

materials associated with IDNYC (also known as New York City's
Municipai!D program) program maintained by HRA and any other
City Agency including the Mayor"s Office in digital fonnat.

See Alfano Aff, Exh. M.
The Respondents offered no response 10 either FOIL request submitted by Petitioners.

ARGUMENT
POINT I
NEW YO FRE~:DOM OF INFORMATION LAW

REQUIRES SPOND~:NTS PRESERVE GOVERNMENT
RECORDS SUBMTITEI) IN CONNECfiON WITH THE
IDNYC PRO RAM 'rillS COURT MUSTISSUE AN ORDER
PROHIBITI G RESI'ONDENTS FROM PROCEEDING
WITIIOUT JURISDICfiON TO DESTROY TIIESE
GOVERNME T DOCUMENTS
New York State 'FreedOm oflnfonnation Law contemplates the preservation of the public
record and liberal access to~,workings of government by members of the public. The law states:
As state and lo government services increase and public problems

become more ophisticatcd and complex and therefore harder to
solve, and with the resultant increase in revenues and expenditures,
it is incumbent upon the state. and its localities to extend public
accountability herever and whenever feasible. The peoptes right
to know the pr cess of governmental decision making and to review

the documents d statistics leading to determinations is basic to our
society. A s to such information should not be thwarted by
shrouding it 'th the cloak of secrecy or confidentiality. The
business and Et
legislature therefore declares that government is the public's
the public, individually and collectively and
represented by a free press, should have access to the records of
government in rdancc with the provisions of this article.
Public Officers Law 84, S e also Neusday, Inc v. Sise, 71 NY2d 146 (1987) (Freedom of
Information Law was enacted 1to provide the public with means to access to govermrient records
in order to encourage public twl:ireness, understanding. and partlcipatiOillil goVeinniCnt, 8nd fu
discourage official secrecy; it to be liberally construed, and its exemptions narrowly interpreted
'
'
so thatpub1ic is granted maxinjum access): Tartan Oil Corp. v. Stat Dep't ofTaxation & Fin., 239
AD2d 36 (3d Dep'l 1998) fAll record of public agencies are presumptively open to public
inspection, and Freedom of fuonnation Law is to be liberally construed with its exceptio!lS
narrowly interpreted).
11
Respondents, as public officet'::l, remain bound by New York's Freedom of Infonnation
Law. Respondents, consequently, mUst preserve: rather than destroy public records as they indicate
they will do, or have already done concerning the IDNYC program. Assuming Respondents

continue to respect the Freedom or'Infonnation Law, this Court must issue an order of prohibition
pursuant to C.P.L.R. 7803(2) preventing Respondents from venturing beyond their jorisdiction
as public officers by destroying docum1;nts associated with the IDNYC program. See Bradfordv.
Helman, 24 AD2d 937 (1 51 Dep't 1965) (holding a writ of prohibition acts only to forestall action
and not to review action). Professor Siegel notes in his treatise, New York Practice, that
"prohibition does not lie against strictly administrative action, but only against judicial and quasi-
judicial action." Siegel, NY Prac. 559 at 992 [5th Ed. 2011 ], see also Roche v. Lamb, 61 Misc.2d
633 (N.Y. Snp. Ct. 1969), app. dismissed, 33 AD2d 1102 (4" Dep't 1970), aff'd, 26 NY2d 54

(1970) (where city council was proceeding without or in excess of its jurisdiction, petitioner was
entitled to judgment prohibiting such action). Here, Respondents' act in a quasi-judicial capacity
rendering a unilateral determination of which records should be preserved and wbieb should be
destroyed when New York State law indicates public records must be preserved with 1he public
granted liberal access to them.
The clear language of the enabling statute and the subsequent regulations-enacted pursuant
to that stAtute seek only to obfuscate public access to government records by failing to provide any
avenue for members of the general public to review materials submitted in connection with the
IDNYC pregram. See NYC Administrative Code 3-llS(c) and 68 RCNY 6-IJ. Rcopondents,
instead, focused their energy devising a methodology wherein public records could be .destroyed
if the nation chose a member political party opposing their way of thinking as president. See
Alfano Aff Exh. D. Such an action, if successful, represents a clear violation FOIL. See Public
12

Officers Law 89(8) ("Any person who, with intent to prevent the public inspection of a record
pursuant to this article,
violation.")
willr.ly conceals or destroys any such record shall be guilty of a
Respondents actions c8nnot serve a legitimate governmental interest and represent actions
taken well beyond their jurisdi tion of elected public officers.
POINT II
THE IDNYC NABLING STATUTE AND SUBSEQUENTLY

ISSUED REGULATIONS RESTRICTING ACCESS TO
RECORDS ~OCIATim WITH TilE IDNYC PROGRAM
AND CALL G FOR THEIR ARBITRARY DESTRUCTION
VIOLATE W YORK STATE'S FREEDOM OF
INFORMATI NLAW.
New York's Freedom Of Information Law punishes "any person who, with intent to prevent
'
the public inspection of a rd pursuant to this article, willfully conceals or destroys any such
was to provide citizens ofNe

89. One of the stated purposes of enacting the IDNYC program
York City with access to identification which would ultimately be
treated similarly to a New Yorttate Driver License issued by the Department of Motor Vehicles.
Owing floor debate, several m hers of the Council indicated the disparity between citizens living
in New York City that do not 've cars against those with cars. In fact, Director Tarlow from the
Mayor's Office indicated the NYC program should function similar to the state Department of
Motor Vehicles. In fact, Coun i1 Members noted the similarity between the IDNYC program and
the licenses issued by the D artment of Motor Vehicles to allay their concerns regarding the
possibility of fraud inherent in ;any governmental identification probrram.
The Vehicle and Traffi~ Law governing New York State Driver Licenses contemplate both
the transmis~ion of personal ~nformation between governmental bodies and agencies, i.e. the
Selective Service. and public access to !\!cords kept in connection with the business conducted by
13
the lJepartment of Motor Vehicles. See VTL 502 and 508. In fact, the regulations of the
Commissioner Motor Vehicles offer extensive rules. concerning the public's access to motor
vehicle records. See IS NYCRR 160 et seq. and 15 NYCRR 161 et seq. Noticeebly absent

from these extensive: regulations is any regulation penniuing the Commissioner of the Department
of Motor Vehicles. or the Governor, from de~1roying any infonnation submitted by applicants to
obtain an ic!entification through the department.
New York City's IDNYC program vests authority to destroy governmental doownents
submitted in connection with that program in the unelected bureaucracy of New York City's HRA.
See NYC Administrative Cotle 3-115(c) and 68 RCNY 6-11.
The precedent created by the IDNYC program's confidentiality provisions begin a slippery
slope to government not by the people but rather by executive ftat. While such a solution created

by the Council and the Mayor may have been crafted with the best intentions not meant to abridge
the rights of New Yorkers, the road to hell is paved with good intentions.
14
CONCLUSION
Petitioners respectfulty request this Court grant its Order to Show Cause seeking 1) an
Oxder of Prohibition preventi~g Respondents from exceeding the jurisdiction of their office; 2) an
Order finding the confidentiftity provisions of the IDNYC program in violation of New York
State's Freedom of Inf~on Law and declaring those portions of the IDNYC program
pennitting the destruction of 'ublic documents by New York City HRA and limiting public access
to the same null and void, ~ 3) for such other and further relief as this Court deems just and
proper.
Respectfully submitted,
By:
r. 0
Ofticc of y Alfano
I000 South Avenue, Suite 104
Staten Island, NY 10314

Attorney for Petitioners/Plaintiffs
Ronald Castorina, Jr. and Nicole Malliotakis
Dated: Staten Island, New YO)ric.

Decembers. 2016 I
'
IS
--~--;~------~-~--~~

SUPREME COURT OF
COUNTY OF RICHMON
1 STATE OF NEW YORK
RONAW CASTORINA,,. and

NICOLE MALIOTAKIS,
:AFFIRMATION OF
Petitibners/Piaintiffs, :JEFFREY ALFANO
BILL ~=~0,
CITY OF NEW YORK,
in his otcial capacity as MAYOR OF THE :
:
MEUSSA MARK- vrv;E,

THB OFFICE OF THB MA OR OF THB CITY OF NEW YORK,
SPEAKER OF THB NEW ORK CITY COUNCIL,

in her official cspacity ss the
:
:
:
STEVEN BANKS, COMMI SIONER OF Tiffi NEW YORK CITY
HUMAN RESOURCES STRATI ON/DEPARTMENT OF
SOCIAL SERVICES, in 1 fficial cspacity,
MATTHEW BRUNE, CHI OPERATING OFFICER OF THB
NEW YORK CITY HUM RESOURCES
ADMINISTRATION/DEP TMENT OF SOCIAL SERVICES, in
his official capacity, and '
RICARDO BROWNE, ~UTIVE DEPUTY COMMISSIONER,

MANAGEMENT INFO
RESOURCES ADMINIS
SERVICES, in his official
TION SYSTEMS, HUMAN
TION/DEPARTMENT OF SOCIAL
ity,
Resrts!Defendants,
For a Judgement Pursuant to rmcle 78 of the Civil Practice Law and

Rules. .
JEFFREY ALFANO. r attorney duly licensed to practice law in the Courts of the State
of New York, affirms the folltwing ouder penalties of perjury:
I. I am the sole proprietor of the Law Office of Jeffiey Alfano, attorney fur
PetitionetS, Ronald Castorina, Jr. and Nicole Malliotakis. I am fully familiar with all facts and
circumstances pertaining to t4e within litigation following the review and analysis of 1he legal
I
file maintained by this office. j
'
2. I annex true and conectcopies of the following documents:
a. Sally Goldenberg, De Blasio to Disclose 'SubstanJfve 'Lobbyist Meetfnga,
PoLITICO, May 27,2014, annexed as Exhibit A.

b. Kate Taylor, DeBlasio Pushes on Information Requests, The New York
7imes, Oct. 19, 2011, IIIUleXed as Exhibit B.
c. Kaela Sanborn-Hum, New York City's Evolving Approach to Open Data,
Gotham Gazette, April II, 2016, llll!leXed as Exhibit C.
d. Tara Palmeir, Municipal/D law has 'delete in case of Tea Party' clause.,
New York Post, Feb. 16,2015, annexed as Exhibit D.
e. Transcript of the Minutes of the New York City Council Committee on
lmmigralion, held on April30, 2014, annexed as Exhibit E.
f. Transeript of the Minutes of the New York City Council State Meeting,
held on June 26,2014, annexed as Exhibit F,
g. Letter dated September I, 2016 from Maria Vullo, Superintendent of the
New York State Department of Financial Services to members of the banking community,

annexed as Exhibit 0.
h. Letter from Assembly Member C.Storinn to Superintendent Vullo dated
Oetober 20, 2016 annexed as Exhibit H.
i. Foxnews.com Associated Press Article, "New York City may erase ID
card data to protect illegal immigrants" published November 15, 2016 annexed as Exhibitl.
j. Silive.oom article, "Malliotakis, Castorina ask city not to destroy IDNYC
docs" published November 28, 2016 annexed as Exhibit J.
2

k. Objer.com article, "City CoW>cil Speaker to GOP: 'Go Ahead and Sue
Us' Over Proposed Immi t Record Purge published November 29, 2016, annexed as Exhibit
K. I. FOIL ~uest submitted by Assembly Member Ronald Castorina, Jr. on
November 29, 2016, annexF.Exhibit L.
m. FOIL ue~ .submitted by Assembly Member Nicole Malliotakis on
December 2, 2016, annexed Exhtb!t M.
Dated: December 5, 2016

Staten Island, NY
3

EXHIBIT
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811712016 De Blaslo to disclose 'sltlstartive' lobi:Pflst meellrgs
POLITICO
POLITICONEW YORK +
DeBlasio to disclose 'su~stantive' lobbyist meetings

By SALLY GOLDENBERG I 0~/27/11403:39 PM EDT
Mayor Bill de B1tsi> plaros to ldisc:lo!;e "substantive" meetings his administration conducts
with lobbyists, continuing he implemented when he was the city's public
advocate.
"I've tried to, in my time advocate and continue as mayor, do something I believe
in," he told reporters on Tuery,
in response to a question about the lack of media access to
events on his public schedul . ''For example, when I have any kind of substantive
conversation on a lobbying . atter with a lobbyist, I think that should be disclosed. We've
done that voluntarily. That's a standard we'd like to see applied more broadly."
httfrJiwww.polltico.canJstateslnew-yorklclty-hallfstoryi2014/0Side-blaslo-to-dlsciOS&sltlat8111ve-lobbyisl-meellrgs-013228 113
811712016 DeBlasio to disclose 'Mbslartive' lobiJvlst meetlrgs
A spokesman later confirmed de Blasia "intends to implement" a similar practice as mayor.
The Associated Press posed the question following an unrelated press conference in
Brooklyn, and subsequently posted a story that reported 20 percent of events de Blasia
attends in his capacity as mayor are closed or restricted to reporters, according to his public

schedules.
DeBlasio acknowledged he could "do better" in making more information available to

reporters and, by extension, the public.
"I believe deeply in transparency," he began. 'We believe there is a whole swath of
information that needs to be available to the public that we need to do a better job on, a lot
of the day-to-day government business that is appropriately disclosable that we need to do
a better job at."
But he defended the closed-door events, saying he is merely following the rules of the hosts
and "it's not appropriate" to instruct them on their protocols.
"Oftentimes the choice would be, if you want to be a part of the event and that's their plan,
you have to either come and accept that ground rule or not come at all. I think in many
cases it would be unfair or unwise not to show up," he said.
The administration generally releases a transcript of his prepared remarks at private events
via email.

That policy took shape after Capital reported in January that he delivered a pro-Israel
speech at the American Israel Public Affairs Committee without listing the gala on his daily
schedule.
At the time de Blasio described the omission as a courtesy to AIPAC, which requested the
event be closed to press. Since then, the mayor's schedule has listed appearances that bar
reporters.
"I think this is something we work on all the time, but I try to think about it from the
perspective of what would be helpful for the public to know," he added on Tuesday.
In that vein, he said the public should be informed of the lobbyist meetings "because it has
real impact on how people make decisions."

811712016 De Blaslo to disclose 'sltlstartlve' lobbyist meellllJS
During the mayoral electi~ last year, the Daily News published a story saying de Blasia
did not actually publicize his lobbyist meetings as public advocate. His spokesman said
the office disclosed any tha were requested of him, but not those he requested .
http:/Jv.ww.pdiUco.comlslates/new-yOfk/clty-halllslory/2D14105/de-blaslo-to-dlsclose-st.ilstantive-lobbyls~meeti~013228

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3'1712016 Public Mvcx;ate to Investigate Freedcm of lnformatim l8tv Com~iance- The New York Times
httl/nyti.ms-/r-bo_n_jM------------------
N.Y./ REGION
De Blasio P~shes on Information

~!~~A~:s OCTJ2011
The New York City public rdvocate, Bill de Blasio, said Wednesday that he was
starting ~n investigation i~to city agencies' responses to the state's Freedom of

Information Law requests'because he was concerned that the agencies were taking
too long to release public tformation.
Mr. de Blasio said he Wso planned a new push for a City Council bill, introduced
by his office last year, thatlwould require agencies to report monthly how many
requests they had receive4 and how the requests were handled.
'
"It's just gotten ridicu1ous lately," Mr. de Blasia said. He cited a request his own
office made to the Educatifm Department last November, asking for documentation
on delays in school bus service.
i
''We get a lovely letterievery month telling us they're working on it," Mr. de
Blasio said, but the department has still not provided the documentation.
I
Mr. de Blasia, who is 4onsidering a run for mayor, said his office was planning
to send letters to each of the city's commissioners, asking for a breakdown of all the
FOIL requests received in ihe first quarter of 2011, including how quickly the agency
responded and whether thk request was granted.
http:/.WV.W.nytlmes.eom/201111CY2Mltregi~lc-advoCate-to-investigate-freedcm-of-lr1ormatloo-law-compliance.tVnl?_r=O
-.- -- ~..,.,.,.,..-~~ ---~--------------

811712016 Pt.bllc Advocate to lrrotestlgale Freeclom of Information Law CompiiS~rCe- The Nf'NI York Times
He said that over the last two decades, some mayoral administrations "have
thought it was clearly their responsibility to follow this law" while others withheld
information.

But, he said, "the bottom line here is: This is not an optional matter, and we
have to stop letting people get away with it"
Some of the most public clashes over FOIL requests have involved the New York
Police Department. In 2007, the New York Civil Liberties Union sued the
department after it declined to turn over computerized data on people who had been
stopped and frisked. This week, the group filed a lawsuit challenging the
department's refusal to disclose the daily schedules of Commissioner Raymond W.
Kelly.
John Kaehny, the executive director of Reinvent Albany, an organization that

promotes greater transparency and accountability in state government, said there
was a general consensus that city and state agencies' compliance with the Freedom
of Information Law "has been sliding over the last decade." But, he added, "no one
knows, because we don't have any rigorous analysis or data."
Mr. Kaehny said there were numerous factors contributing to a slip in

compliance, among them that many agencies had made it possible to file requests

online, leading to an enormous increase in requests, without making any
comparable advances in efficiency in their method of responding. Agencies have
also, he said, gotten better at gaming the system - rarely directly denying requests,
but instead providing only partial information and "evolving their practices to kind
of ooze through eve:ry crack" in the law.
But, Mr. Kaehny said, he was not sure that a City Council-passed measure
would solve the problem. "Anytime the legislature imposes a reporting mandate on
the executive," he said, "and it does not align with what the agency or the mayor are
trying to do, it's ignored."
A spokeswoman for Mayor Michael R. Bloomberg declined to comment on Mr.

de Blasia's investigation.
t<p::.WWW.rtftlmes.coml2011/1~orVpillio-acNocato-to-II'JIIeStigate-freedom-cl-lnformallon-Jaw-compllcn::e.hlml?_r"'O

---------------,-----------------------------
811712016 PldlcMolocateto Investigate Freedcm of Information LaN Compliance- The Ntm Yorlt. nmes
A version of this article appears in print on October 20, 2011, on page A27 of the Nevt York edition with the
headline: De Blasia Pushes on nformation Requests.
2016 The New York limes Company I
~:ltwww.rrfdmes,com/2Q11/1012tirrfrefloo'pttllic-adllcx;ate.ro..lnvestlgale-freedom-of-irfmnaticn-lf1N-canplian::e.htrni7J=O 3/J
' ' ''

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New York City's Evolving! Approach to Open Data {/city/6272-new-york-
Tweet

(photo: Rob Bennett/Mayoral Photography Office)
During the first weekend of March, the New York City School of Data ~ a network of advocates. activists, and
professionals for an open data ecosystem - hosted a day of panels and workshop sessions in recognition of the
international day celebrating open data and the fourth anniversary of the city passing its first open data law.
City Council Speaker Melissa Mark-Viverito and Manhattan Borough President Gale Brewer, who have each
promoted open data initiatives, delivered keynote remarks at the event.
As someone who represents some of the most vulnerable, yet resilient New Yorkers in this city, I want to make
data a priority, Mark-VIverito said at the gathering of tech advocates, civic hackers, and public officials. "I want
our work to tell a story, one that has rarely been told rightly before. I want our data to move people,
organizations, and of course, governments to act differently."
What Mark-Viverito was getting at- something discussed in several forms over the course of the event and on
an ongoing basis - is the idea of using data about civic life, people's needs, and government services to make
things work better while ensuring equity.
Late last year, the City Council approved the final bills {http://council.nyc.gov/htmllpr/121615stated.shtmU of a
package amending and adding to the 2012 Open Data law, which created the Open Data Portal, but the
legislative action has been met with mixed reviews and questions about the portal's effectiveness remain .
The portal is intended to increase information available to the public about city services and government
operations. According to the de Blasio administration, ~New Yorkers can use this data to make informed
decisions, become more engaged in their communities, solve tough problems, or turn their dreams into a
reality.

Data available includes Chttps://data.cit;yofnewyork.usldashboardl the extent to which city school buildings are
being used, taxi trip pickups and dropoffs, tree censuses, requests made to the city's 311 help line, general city
budget spending, and much more.
The two newest laws seek to ensure city agency compliance with the Open Data Law, particularly regarding
timely release of data, and updates to the Open Data Portal with information released through Freedom of
Information Law requests (often known as FOils). Both are part of ongoing efforts to make the portal more
useful. The more quickly data is released, the more useful it is.
On Nov. 30 of last year, Mayor Bill de Stasio sjqned jnto law fhttp://wwwl.nyc.gov/office~of-the~
mayor/news/893-15/mayorde-blasjo-sjgos-legjs!atjon-creatjog-offjce-Labor-standardl the five prior bills
from the open data package.
tn 2012 we set a new bar for transparency and civic engagement with passage of the most comprehensive
open data law in the country, said Chttp:/fwwwLnyc.gov/otfjce-of-tbemayor/news/893-15/mayor-de-
8
btaslo-sjqns-tegislation-creatjng-office-labor-standard) Anne Roest, Department of Information Technology

and TetecoFnmunications (DoiTT) Commissioner. ~To be as effective as it can for all New Yorkers, open data
needs to be usable data - and these iills will help us achieve that goat:
. h i l e "open" is important, "usable" is really the key word, according to data experts.
The open data Law and portal are part of efforts to make government transparent and accountable. In theory,
data is to be made easily available- a~d in a useful format- for interested parties, who can use it to help solve
city problems. The portal currently ofrers 1400 data sets through dozens of city agencies and other entities.
As stated by the Mayor's Office of Da~ Analytics, 'The Open Data Law mandates full coverage of atl City public
data by 2018. The value is dear- eve~ time a new data set is published on the NYC Open Data Portal, there
are new opportunities for users to finJ insight:
While there is a wealth of informationf.available, and hundreds of data sets still to come online, it is not always
clear who uses the open data portal a d to what end. How many New Yorkers even know about the availability
of so much data?
And, getting back to usability, there a+ also significant questions about the format in which data sets are often
published.
Still. open government advocates con~inue to say that it is an essential feature and push to see it improved.
Public, usable data, they say, is key to raiding government accountable and opening up policy-making to a
.roader audience, including people o~tside of government able to help solve a wide variety of problems.
Beta NYC, a nonpartisan group compri~ed of civic hackers and technologists that has worked with government
actors to improve the city's embrace 9f civic tech and open data, features a digital oroject list
!http:l/projects.betanyc.ys/#!/kurren ly being developed by the NYC tech community. HeatSeekNYC
Chttp://heatseeknyc.com). a web-ena led hardware platform to detect heating violations in NYC", and t:rfC.
llld~&ibmtlll;~ill![J;i.lrulllimi!!h!lli~!lYl;iJJ~!ll!li!llllli;tr!!J!l!.Ql:ll;a, "tools for analyzing and visualizing MTA Bus
performance data," are two examples f data-based projects moving civic discourse.
which require the City Record, a

daily publication of city business, to b published on the open data portal in a machine-readable format; the
City Charter, the Administrative Code, fnd the Rules of the City of New York to be published online; and the
compilation of laws updated within 301days of any change.
In July 2015 the de Blasio ad1mir1isl:ral:idn released a new plan for the portal, Open Data for AU
which e1phasizes community partnership and focuses on making data sets

accessible and user-friendly for aU NeYf Yorkers.
[Open Data for All] means it will be easier for people, even those with no programming experience - like
myself- to find the information they want and better ways to utilize that information," aid.

{http:/fwwwl.nyc.gov/office-of-the-mayor/news/487-15/de-blasjo-adminjstratjon-releases-open-data-all-
city-s-new-open-data-planl de Blasia.
De Stasio's rhetoric shows a typical shift from remarks by his predecessor. Mayor Mjchael Bloomberg
{btto://www,nyc.goy/portallsjte/nvcgoy/menujtem,c0935b9a5Zbb4ef3daf2flc701c789aO/jndex.jsp?
page!D=mayor press release&catiD=1194&doc name=http://www.nyc.govlhtmVom/html/2012a/pr081-
12.html&cc=unused1978&rc=1194&ndi=ll. who remarked that sharing data with the public "[catalyzes] the
creativity, intellect, and enterprising spirit of computer programmers to build tools that help us aU improve our
lives: The evolution of the portal is aimed at ensuring that every New Yorker, not only computer programmers,
will be able to utilize and benefit from the information being made available.
The Mayor's Office of Data Analytics (MODA) and Do liT led a citywide engagement tour
{http:/fwww.nyc.goy/htmt!anal,ytjcs/htmlljnitjatjyes/open data.shtmll. assessing the needs and priorities of
New Yorkers, across user types and domain areas. Throughout the fat~ Dr. Amen Ra Mashariki, Chief
Operations Officer at MODA. met with CUNY students, community groups, civic leaders, and others. MODA
intends for the engagement tour to culminate in a Open Data Summit.
"(The summit] will bring people together who we've engaged over the citywide tour and let them know what
we've heard from them and then we will identify strategies," Dr. Mashariki told Gotham Gazette in an interview
tate last year.
In October, Dr. Mashariki testified before the City Council Committee on Technology, reporting on the
progress of the tour at that point and the portal in general. He announced that the Open Data Portal
Chttps://data.cityofnewyork.usldatal contained 1,386 data sets-- up from 1,268 in 2014. Still, City Limits

reported (htto://cjtylimjts.org/2015/12/15/nycs~open-data-law-Lacks-teeth-lags-deadlines/?
ytm soyrce=twjtterfeed&utm mediym=twjtterl late last year that datasets due to be published are missing
deadlines and that there has been little enforcement of the law. Mashariki 8kt
Chttp:l/www.nyc.gov/htmtldojttfdownloads/pdf/MODA Open Data Testimony 2015.odfl it will not be the
number of published data sets that will determine the success of the portal: The ultimate success [will bel in
the number of New Yorkers who use open data in their daily lives. And that's not just the tech-sawy New
Yorkers- it's all New Yorkers, in all five boroughs."
At the summit;' MODA and OoiTI will identify strategies seeking to build an open data ecosystem prioritizing
expanded access to data sets, high data quality, and enhanced portal usability. Increased access to data is
critical for open government and transparency in the digital age, said Minerva Tantoco, the city's Chief
Technology Officer.
Technical and community engagement challenges remain as the open data portal continues to be refined and
expanded. It is one often lower-profile way in which the de Blasia administration's reputation for government
transparency and effectiveness will be formed.

Technical challenges for the open da~ portal

MThere are currently many challengesl. .. said Ben Wellington, visiting assistant professor in the City & Regional
planning program at The Pratt and creator of the increasingly popular data science and policy blogl
u:~~;;,;;::~~~:~~~:~; "One of them is the wide use of PDF documents. PDF is inherently
difficult to analyze, so when an is forced to release data but doesn't necessarily want to have it widely
used, PDF is an opportune way to do
PDF documents, unlike an Ex<:elsp1re4dslheE!I, are not in machine-readable format, which Wellington and
others argue creates a long-term for civic technologists who end up spending a large amount of their
time extracting data rather than it.
"It's just not a good use of advo<:ates',in1e "Wellington told Gotham Gazette. Wellington has become known
for using government data to show point out problems, and identify potential solutions. He delivered a
popular k ht n in 2014 using big data to give insight for the
"worst" places to park in New York Ci . Wellington's blog features many articles crunching numbers to
illuminate topics from "Trump's Unpair Bills" to pay raises for City Council members.
City Council Member and Chair of thel Committee on Technology James Vacca has concerns regarding
another aspect of city data - like with Quality; the timely release of data from city agencies leaves much to be
desired. Vacca sponsored a bill J2lllli~lllJtMc.QlJI.!~!mill_ful:tR;,I.fs.QM!JQJ.n:~t!;,;~'liJJLtlii!lll:t:LlZ1!illi>l<IWUJJ1nill.
and signed into law by Mayor de Blasi , which mandates a city office or agency examine the compliance of
.ayoral agencies posting public data lets under the open data law.
"Some agencies are not as diligent as ~hey should be when it comes to posting information, there has to be
good coordination among the city ag9ncies," Vacca explained. "Right now, there really is no enforcement
mechanism if agencies don't comply. We are dependent upon cooperation, which is great, but we need an
enforcement mechanism."
Wellington suggests that a position sh~uld be created in every city agency- an "open data liaison"- to act as a
point of contact for the public and be tesponsible for any inquiries about information released by the agency.
"Today, there's no way for the public t~ understand who's responsible for any dataset," Wellington noted,
which can only further obfuscate any Process of data clarification, sourcing or transparency.
The New York City Transparency WorkJng Group (NYCTWG), a cotlection of civic technologists, data
advocates, and good government gro~ps, has argued (http://nyctwg.ora/openfojlf) that FOIL (Freedom of
Information Law) requests should be p blished online through a centralized tracking system akin to the open
data portal. Earlier this month, the de lasio administration launched "the OpenRECORDS portal (https:l/a860-
openrecords.nyc.aov/).~ It is designed to streamline the process of submitting, tracking, and responding to
1
Freedom of Information Law (FOIL) recprds requests as we work toward becoming a more transparent and
effective government the mayor's prers office said in an announcement.
I
... -.- ~-~~---~~-----~~-------~----
Along with Vacca's bill another also approved by the City Council and signed by the mayor requires agencies
to individually review aU data released through FOIL requests and determine if the information should be

posted on the open data portal. The thinking goes that if one person or group is interested in a certain data set,
others probably are, and that if the information Is being released publicly in one sense, why not make it
generally available.
In 2013, then-Public Advocate Bill de Blasia released a trnnsparency report card

{htto://archjye.adyocate.nvc.gov/foil/reportl in which he called for a mandate to publish online the most
commonly-sought information through FOIL requests, asserting "proactive disclosure witt save time and
resources by posting minutes, public schedules and license data online for easy access.
As mayor, it took de Blasia some time, testing the patience of open data advocates, but he has now launched a
systemized and centralized portal for FOIL requests.
Community engagement and outreach

Noel Hidalgo, co~ founder and executive director of Beta NYC, believes that Open Data for All is helping to
facilitate more public involvement in the open data portal and wants open data to be used regularly to solve
civic problems.
"We're at the point (with open data] where it's not just about making an app but about making a culture, an
understanding of how to use data for improving New York,~ Hidalgo told Gotham Gazette.
last year, Mayor de Blasia announced a public-private partnership to Launch Comouter Science for All
Chttp:/fwwwl.nyc.qoy/offjce-of-the-mayor/edycatjon-yjsjon-2015-computer-sdence.page}, a computer
science education program for every city public school student. As a new generation of students Learn web
design and coding technologies, Hidalgo hopes it witt translate to increased interest and participation in civic
hacking.
"We fundamentally believe that there is an opportunity to enhance digital literacy through civic education and
we would love to see that embedded within the computer science program, Hidalgo said on behalf of
Beta NYC.
One essential question for open data is whether it is being used beyond the Ben Wellingtons and Noel
Hidalgos of the world. In other words, are community activists and those without advanced data science
training using the city data?
Juan Camilo Osorio, Director of Research at the NYC Environmental Justice AUiance (NYC-EJA}, says, like
Hidalgo, that a cultural shift is necessary to understand the capacity for individuals to be involved in an open
data ecosystem. Osorio wants to challenge the model that community organizations function only for public
outreach. "These organizations are part of community-based planning and can do research provided with the
right technical and financial resources, he said.

Osorio thin~s.the ~p~n data portal h~s great potential to be used by community organizers- no.tju~t c~mputer
programmers or data analysts. I
.oreover, he believes the city has a ligger responsibility beyond publishing information on the portal: "It's not
just about opening access, {in order rouse it] you still have to know what is the right agency that would have
the data you need and then you will rlso need to have the basic capacity to process that data. The city should
going a few steps further providing t~e tools and training to learn how to work with that information:
City Council Member Ben Kallas, a s~ftware developer and long-time advocate for government transparency
who now chairs the Council's gover1mental operations committee, agrees that free trainings should be
offered for New Yorkers interested inllearning how to use the open data portal. He suggests partnering with
the city's three public library systems (New York Public Library, Brooklyn Public Library and Queens Public
library) to train librarians who can te~ch patrons to use the open data portal as a research resource. Featuring
the open data portal on library websifes and other logical online research centers would be helpful in
expanding usership and public awareress.
Kallas acknowledged that New Yorkers must have basic access in order to use the open data portal.
1 want to make sure that every low-i~come New Yorker has access to free and affordable broadband and low-
cost computers. That would mean ev~ryone in NYCHA should have free broadband and that anyone who is
low-income should have an affordab~ internet plan, Kallas told Gotham Gazette. "In order to have a modern
.overnment, we need to make sure t,at everyone can connect:
Dr. Mashariki, of the Mayor's Office ofl Data Analytics, certainly sees the portal as a long-term work in progress.
"There's no day I foresee where we sttp and say you know, the portal is perfect and it's at its most usable and
we've expanded to it the point wherefe can't expand it anymore," he said. "This is always going to be a
strategy that we're going to have to a .apt and adopt as needed to ensure new uses and new capabilities."
*** I
by Kaela Sanborn-Hum for Gotham G'zette
@GothamGazette (bttps:l/twjtter.comGothamGazette)
I
11
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12W2016 ~l.riclpaiiD law has 'delete Incase of Tea Party' clause 1New York Past
METRO
MunicipaiiD law ~as 'delete in case of Tea

I
I
Party' clause 1
By Tt~rn Pelmerl February 16, 2015 I 11:27pm

I
-------------- -----------------T --- -----
The city's new !D progr11m allows for personel detl!l be destroyed at the end of 2016 In case a conseMJtive Republican Is elected president, the law's co-
sponsor told The Post.
Photo: Dennis A. Oark
Get the shredders ready- the Tea Party coul1 be coming.
The city's new munlclpaiiD program allows fo~ personal info provided by appl!cants to be destroyed at the end of 2016, In case a
conservaUve Republican wins the White Hous+ and demands the data, the law's co-sponsor told The Post on Monday.
Oty Councilman carlos Menchaca (D-Brooldy~) said the measure was crafted so data submitted by those seeking the cards can be
destroyed on Dec. 31, 2016. I
The cards are aimed at undocumented lmmlgr~nts.

I
rn case a Tea Party Republican comes Into offlfe and says, 'We want all of the data from all of the munlclpaiiO programs In the country,'

we're going to take the data,~ he explained.
I
The next president assumes office Jan. 20, 20j"
That date Is an Important signal to the future of Immigration reform. That allows us to prepare for any new leadership," Menchaca said.
In order to get an 10, residents must provide th~lr names, addresses, aliases, dates of birth and other Information, making It easy for the feds
to Identify undocumented Immigrants. I
Menchaca said the Obama administration has shown no Interest In going after the data, but he didn't want to take any chances on the next
administration. I
~Though we have not seen documents like this bet requested at the level of the federal government. that could be a posslb!tlty, so that
really allows us to protect the data," he said. r
Immigrant advocates praised the provision. I
I
"It's no secret that one of the biggest sticking P9lnts In the ID programs Is ensuring that there's confidentiality, that Immigrants are
comfortably giving their Information to the city," $aid Steven Chol, executive director of the New York Immigration Coalition.
I
aThe sunset Is part and parcel of the effort to enjure confidentiality."
The bill lets the city destroy the Info If It determtrfs It's no looger needed.
The cards were first available early last month. obmand has been overwhelming, with more than 200,000 appointments made for the cards
In less than a month. I
Additional reporting by Bob Fredericks I

I
Filed under barack obama, bill de blasio , carlos mekchaca, municipalid program, tea party
111p:/~pa!l.ca-n/2015102/161mtJ11clpal-ld-law--hasdelete-l~case--of.tea-pNtyclause'
I
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EXHIBIT
E

Y COUNCIL
OF NEW YORK
SCRIPT OF THE MINUTES
of the
ITTEE ON IMMIGRATION
--------------------- X
April 30, 2014
Start: 10:06 a.m.
Recess: 1:48 p.m.
HE D AT: Council Chambers

City Hall
B F 0 R E:
CARLOS MENCHACA
Chairperson
UNCIL MEMBERS:
Mathieu Eugene
Daniel Dromm
Peter A. Koo
Rafael L. Espinal, Jr.
Speaker Melissa Mark-Viverito
Fernando Cabrera
Ydanis A. Rodriguez
Antonio Reynoso
Jumaane D. Williams
Mark Levine
Brad S. Lander
Deborah L. Rose
Public Advocate Letitia James
Worl Wide Dictation 545 Saw Mill River Road- Suite 2C, Ardsley, NY 10502
Phone: 914-964-8500 800-442-5993 * Fax: 914-964-8470
www.WorldWideDictation.eom
A P P E A R A N C E S (CONTINUED)

Lucio Escamilla
NYC Resident
Batya Miller
Manhattan Together
sue Darn
Member of Central Synagogue
Bryan Ellicott
NYC Resident
Mindy Tarlow
Director
Mayor's Office of Operations
Nisha Agarwal
Commissioner
Mayor's Office of Immigrant Affairs
Steven Choi
Executive Director
New York Immigration Coalition
Johanna Miller

Advocacy Director
New York Civil Liberties Union
Emily Tucker
Staff Attorney
Center for Popular Democracy
Deyanira Del Rio

Co-Director
New Economy Project
Esther Sanchez
Faith in New York
Jeong Min Yu
MinKwon Center for Community Action

A P P E A R A N C E S {CONTINUED)
Jason Chang
National Federation of Community
Development Credit Unions
Linda Sarsour
Executive Director
Arab American Association of New York
John Lugo
unidad Latina en Accion
New Haven, CT
Eric Mar
District 1
San Francisco Board of Supervisors
Arely Gonzalez
Juan Carlos Gomez

Make the Road New York
Jesus Castellanos
Make the Road New York
carlos vasquez
Jojo Annobil
Attorney
Legal Aid Society
Jeff Foreman
Policy Director
Care for the Homeless
Jessica Orozco
Director
Immigration and Civic Engagement
Hispanic Federation
Diana Reyna
Brooklyn Borough Deputy President
---- ~---~~-~------------
A P P E A R A N C E S (CONTINUED}

Elana Redfield
Representative
Sylvia Rivera Law Project and
Peter Cicchino Youth Project
Noah Lewis
Staff Attorney
Transgender Legal Defense and Education
Fund
Lynly Egyes
Attorney
Sex Workers Project
Glennda Testone
Executive Director
New York City Lesbian, Gay, Bisexual and
Transgender Community Center

Mizue Aizeki
Immigrant Defense Project
Mark Noferi
Center for Migration Studies and
New York City Bar Association
Annie Wang
Co-Chair
Comprehensive Immigration Reform Committee
New York Chapter of the American
Immigration Lawyers Association
Owen Rogers
Picture the Homeless
Nancy Mageson [sp?}
Gabriela Sandoval Requena

Policy Analyst
Coalition for the Homeless

Rev. Getulio Cruz
Pastor
Monte Sian Christian Church
Manhattan Together and Metro IAF
Laurie Izutsu
Senior Staff Attorney
Brooklyn Legal Services
Yolanda Castro
Mexican Consulate
Lauren Burke
Executive Director
Atlas: DIY
Unknown Speaker
The Fortune Society
Diane Steinman
Director
New York State Interfaith Network
Jeff Weiss
Counsel
Assemblyman Felix Ortiz's Office
Joseph Rosenberg
Executive Director
Catholic Community Relations Council
Louis Quinones
Representing
President George Miranda
Teamsters Joint Council 16
Dr. Paule Cruz-Takash

Oakland City ID
Ethan Carr
MasterCard Worldwide

Hally Chu
Representative
Manhattan Borough President Gale Brewer
Rev. Terry Troia

Director
Project Hospitality
Liam 0 1 Doherty
Pastor
OUr Lady of Good Counsel Parish
Bishop Orlando Findlayter

Chairman
Churches United to Save and Heal
Gene Judy
First Nation Baptist Church
Prof. Raul Hinjosa

UCLA
Daniel Rose
MasterCard

Freddy cruz Martinez
Volunteer Leader
Little Sisters of the Assumption Family
Health Services, Manhattan Together and
Metro IAF

1 COMMITTEE ON IMMIGRATION 7
2 [gavel]
3 [background comments]
4 CHAIRPERSON MENCHACA: [Spanish] 00:00:17
5 an welcome to our City Council Chambers. I am
6 Ca los Menchaca, Chair of the New York City Council's
7 ittee on Immigration. This morning our Committee
9 Ad inistrative Code of the City of New York in
10 rel tion to the creation of a New York City identity
11 car program. I am proud to have co-sponsored this
12
13
14
bil
car
with my colleague, Council Member Danny Dromm.
The Notion of the New York City identity
is not a recent idea; in fact for many years now
15 the City Council and advocates have learned of the
16 man communities who lack access to basic City
17 se ices and the foundation of this bill has come out
18 of he experiences of our immigrant community here in
19 New York. We repeatedly heard stories of families
20 not[being able to see a doctor or pick up a
21 prefcription because they do not have an ID We heard
22 sto ies of parents who couldn't pick up their kids
23 fro school or attend PTA meetings in school because
24 the didn't have an ID. We heard of people too
25 sea ed to call the police for help or to report a


2 crime simply because they didn't have identification.
3 All of these stories made us realize that there is a
4 serious problem and that we need to find a serious
5 solution and that is what this bill is.
6 But immigrants are not the only New
7 Yorkers who face these issues. In our years of
8 researching we have learned that seniors, homeless;
9 especially our homeless youth, the transgender
10 community who struggle to obtain identification that
11 affirms their gender expression, or making it more
12
13
14
convenient, like people ... or for people like me who
ride a bike, or prefer to ride a bike, prefer to take
public transportation; they could all benefit from a

15 municipal ID program; this is what makes this concept
16 so exciting. And our vision of impact doesn't stop
17 there; whether you are born here or immigrated from
18 another country or another state, we all know that a
19 New Yorker is a special kind of person, and the truth
20 is, when New York [background comments] acts, we have
21 national and global impact; this card can go beyond
22 giving people the right to identify themselves and
23 access basic services, like bank accounts; this card
24 has the ability to unite us as New Yorkers, giving us
25 access to things that make New York New York; our

2 wo d-class cultural institutions in every borough,
3 our libraries in every borough, our Bike Share
4 pro ram, or maybe even one day our subway system.
5 Int. No. 253 presents us with a New York solution to
6 aN w York challenge. This creation of a municipal
7 ID ard is of importance not only to me, but to my
8 col eagues, including our great Speaker, Melissa
9 Mar -Viverito, as well as Mayor de Blasio. I am
10 hap y that this initiative has wide support, both in
11 Citt Hall and with the City Council. I look forward
12
13
14
to ~earing from the Mayor's Office of Immigrant
Aff irs and Operations, immigrant advocates and legal
pra titioners on how we can make the municipal
15 ide tification card program the largest of its kind;
16 the most successful of its kind. Int. 253 calls on
17 the Mayor's Office of Operations to create a
18 mun cipal identification program for all New York
19 Cit residents. The New York City identity card will
20 hel thousands of New Yorkers who lack acceptable
21 ide,tification to access City services, feel safer in
22 their communities and foster a feeling of unity for
23 all :New Yorkers; additionally, protections,
24 pro,ections would be built into the program to
25 protect against fraud.

2
COMMITI'EE ON IMMIGRATION
I would like to thank everyone for coming

10

3 to this morning's hearing and I would like to thank
4 everyone in advance for their testimony. And due to
5 the large number of witnesses here today, we will be
6 putting the timer on all our witnesses and also to my
7 colleagues, I will also ask you to keep your
8 questions and comments brief of two minutes, and
9 lastly, I would like to mention that we will be
10 reading people's tweets throughout today a hearing;
11 if you have a comment or a question regarding

12 municipal IDs, we urge you to tweet your comment to
13 NYCCouncil with the #nyciD and before we move
14 further, I want to present to you our incredible
15 Speaker, Melissa Mark-Viverito, who will be making an
16 opening statement, someone that has been [Spanish]
17 00:04:43 on this topic and so many other ones that
18 are gonna bring more justice and more access and more
19 safety to our New Yorkers, our great Speaker, Melissa
20 Mark-Viverito.
21 SPEAKER MARK-VIVERITO: Thank you, Chair
22 Menchaca, [Spanish] 00:04:55, good morning; I have to
23 say that this is an extremely exciting day
24 personally, something that I have been fighting for,
25 along with my great colleague Danny Dromm here for

5 ex ited that we're having this hearing today.
6 Before I make my comments, I understand
7 als we do have translation equipment [Spanish]
B 00: 5:24. If people need translation equipment, it
9 is 'n the back and you can feel free to get that, so
10 it' great that we have that available.
11 I So again I wanna thank our great Chair,
12
13
14
Car~os Menchaca, and thank Council Member Danny Dromm
fori the introduction of this vitally important
leg~slation.
15 I Currently many New York residents have
16 difficulty getting access to basic public services
17 bee use they do not have a government-issued ID card;

lB thi includes some of the most vulnerable among us,
19 Thi legislation will change that, it will give
20 any ne who lives in the five boroughs the opportunity
21 to btain a municipal identification card. The
22 leg alation will require City agencies to accept this
23 car as a form of valid ID, so those who make use of
24 thi program can rest assured that with this ID card
25 the will be able to access essential City services.

2
COMMITTEE ON IMMIGRATION
The bill requires that the card be

12

3 designed in a way that deters fraud, much like a
4 driver's license or passport does. The Council is
5 very serious about safety and security; we will
6 explOre ways to ensure that the ID cards are
7 protected from fraud in this hearing and in continued
B conversations with stakeholders and the
9 Administration. We do not want these ID cards to end
10 up in the wrong hands and we wanna make sure every
11 step is taken to safeguard users' identities and

12 their privacy.
13 Other municipalities have seen success
14 with their municipal ID programs; it is time to
15 replicate that success on a larger scale here in New
16 York City. This Council also looks forward to
17 continuing our productive conversations with the law
18 enforcement community, along with others from the
19 senior, immigrant, LGBT, youth, and other communities
20 who stand to benefit from this legislation. For too
21 long the Federal Government has lagged behind on
22 immigration reform and it's fallen to municipalities
23 like New York to take the lead and I think that we've
24 done quite a stellar job over the years of making it

25 clear that our immigrant communities are welcome and
2 that we will make sure that we do everything to
3 protect them.
4 While we would like to also see action in
5 Washington, we know that when New York City has big,
6 bold ideas, like muni IDs, that often the rest of the
7 country follows. This hearing is the next step; I
8 look forward to hearing some of the testimony and let
9 it be known and let it be clear that this is a
10 priority for this New York City Council and we will
11 have municipal IDs in New York City. Thank you .
12
13
14
Speaker.
CHAIRPERSON MENCHACA: Thank you,
And now we'd like to hear some opening
statements from prime sponsor, Danny Dromm, Council
15 Member.
16 COUNCIL MEMBER DROMM: Thank you very
17 much, Chair Menchaca; it's indeed a pleasure to be
18 here today. I want to also start off by thanking
19 Speaker Mark-Viverito for the translation equipment,
20 because if I'm not mistaken, it's the first time
21 we've had translation equipment and that is a great
22 step forward; I am also going to be using that
23 translation equipment for my hearing on Tuesday, my
24 Education Committee hearing, so that is a great
25 addition to the City Council and you are true to your


2 word in terms of making these hearings more
3 accessible to people, as you have done with many of
4 the proposals put forth just last week, in terms of
5 the budget and the transparency issues that we
6 prioritize here in the Council.
7 You know, for many years Speaker Mark-
a Viverito and I have wanted to put forth this
9 municipal ID program and now the time is right. We
10 feel that in this Committee and in this Council we
11 have great leadership; we have leadership from the
12
13
14
Mayor's side of the fence as well, and we believe
that we have come up with a very good proposal, one
that will be a model for the rest of the country and

15 one that will help to move all communities forward.
16 The way that I look at this municipal ID is that it's
17 a municipal ID for all, and we want to make sure that
18 all New Yorkers avail themselves of this
19 identification; that is crucial to the distribution
20 of these IDs.
21 I wanna thank Chair Menchaca as well for
22 his leadership on this issue and for fighting so hard
23 from the moment he came in; I don't know that he was
24 elected one day that he wasn't knocking at my door
25 saying, where is that bill and we work very closely

2
toge her to ensure that this piece of legislation has

15
3 come out. When passed, this is going to be a major
4 bene it for all New Yorkers, and Chair Menchaca, your
5 fing rprints are all over this, so thank you for your
6 lead rship on this as well.
7 I do look forward to hearing from people
8 toda who will be giving testimony and we'll have a
9 numb r of questions for the Administration, but this
10 a ve y proud day for me and for us in the City
11 Coun il, and thank you to everyone who has come to be
12 a pa t of this historic day. Thank you very much .
13
14
15
CHAIRPERSON MENCHACA: Thank you, Council
Memb r Dromm and I wanna second that partnership that
wev built in the Council and as someone who's just
16 come into the City Council, there's no one better to
17 work with than our good Council Member Danny Dromm,
18 who as been, and was the Chair of Immigration
19 befo e, so it's just been a great thing to kinda take
20 thatjmantle and to continue it and you have two
21 figh ers here. We have also other fighters in this
22 incr dible Immigration Committee, Council Member Koo
23 and ouncil Member Eugene, thank you so much for
24 bein here; this is a Committee that is really made
25 up o people who are incredibly passionate about this
2
topic, but really making sure that immigrants in the

16
3 City continue to prosper and get access.
4 So without further ado I wanna call up
5 the first panel, and we'd like to invite up Batya
6 Miller, Sue Darn, Bryan Ellicott, [background
7 comment] and Lucio Escamilla [sp?]. Thank you. If
8 you have statements, we'll take them as well. We're
9 gonna put the clock at two minutes; we know you have
10 written testimony, so if you don't get through the
11 testimony, just hand it over and we'll take the rest
12 into record, and we 1 11 start with.. well actually,
13
14
15
we'lL. we're gonna... let's start from the left over to
the right, if that's okay.
Thank you.
Go ahead, Mr. Escamilla.
16 LUCIO ESCAMILLA: Hello, my name is Lucio
17 Escamilla and I am member of Immaculate Conception
19 church and a leader in South Bronx Churches and
19 Metro-IAF. I know personally how important it is
20 that all New Yorkers have access to an ID that is
21 recognized everywhere in the City. In 2005 I was
22 stopped by the police; they asked to see my ID. I
23 showed them my Mexican Consulate ID card and a valid
24 Michigan driver license and they claimed that both
25 were fake; actually threw them on the ground; then

2 they oak me to a holding cell for the night. The
3 next ay the judge dismissed the case immediately and
4 I was free to go, but I should not have had to spend
5 the n"ght in jail, my family should not have had to
6 worry. And I know many people in my community, in my
7 who have also spent the night in the jail only
B e they did not have a recognized ID. The City
9 York has to start to producing its own ID so
10 that happens again. People should not be
11 take to the jail unnecessarily and the police should
12
13
14
be abl1e to spend their time on the real criminals.
Than~ you.
CHAIRPERSON MENCHACA: Thank you, Mr.
15 Esca illa.
16 BATYA MILLER: Do I have to press it
17 agai ?
18 SUE DORN: No, it's on. [background
19 comm nt]
20 BATYA MILLER: It's on. Okay. Hello, my
21 name is Batya Miller and I am with Manhattan
22 Toge her. I'm here today to talk about why it is
23 usef 1 and important for all of us to apply for a
24 muni ipal ID. This City program would finally give
25 coun less New Yorkers an important benefit they now


2 lack. While it will certainly help vulnerable New
3 Yorkers like undocumented immigrants, the homeless
4 and the formerly incarcerated, it would also improve
5 my life and the lives of many others.
6 Like many other New Yorkers, I don't
7 drive and I love living in a city where you don't
B need to. A driver's license has become the de facto
9 photo ID all over the country, [background comment]
10 I've somehow managed to squeak by all these years
11 with... [interpose]
12
13
14
CHAIRPERSON MENCHACA: Ma'am, can you
speak closer to the mic so we can... we can hear you...
[crosstalk]

15 BATYA MILLER: Oh, sorry. I've somehow
16 managed to squeak by all these years with my
17 university library card that has a photo on it and
18 more recently my senior citizen MetroCard when I've
19 been asked to show photo ID. Such situations have
20 been stressful at times, as not everyone readily
21 accepted them. I finally hit a brick wall several
22 months ago when I went to return something at a major
23 women's clothing chain; they would not refund the
24 credit charge because they did not view either ID I

25 showed them as official. I was not able to return
2 the
tern and have never gone back to the store.

19
As a
3 non- river I am really looking forward to receiving a
4 New ark City ID. The ID should be relatively easy
5 to a ply for at community-friendly places like
6 libr ries and congregations; it can then become a
7 pri ry or the primary ID for the many non-drivers in
8 this city, citizens and others. I know it will both
9 simp ify my life and link me in a small but
10 sign ficant [bell] way to other New Yorkers who
11 cant ibute to the wonderful diversity of this great
12 city
13 (background comment]
14 CHAIRPERSON MENCHACA: Thank you so much
15 for hat.
16 SUE DORN: Good morning. My name is Sue
17 Darn and I am a member of Central Synagogue and a
18 lead r of Manhattan Together and Metro-IAF.
19 A hundred and ten years ago this summer a
20 woma left the Ukraine with her three small children;
21 she anded in Boston, made her way across the United
22 Stat s to Oregon where she met her- husband who had
23 gone there the year before. He eventually became a
24 citi en, but between raising their 11 children and
25 help'ng with their small grocery store, she never had


2 the opportunity. Although life was so much better in
3 the United States, she was never completely
4 comfortable because she was not a citizen. As a
5 result, for most of her life she always carried her
6 alien registration card, this card, in the back of
7 her mind she thought someone might pick her up and
8 send her back to the Ukraine, separating her from her
9 family and friends. This apprehension was so intense
10 that she took the card with her to the hospital when
11 she was on death's doorstep. I have this card
12
13
14
because she was my grandmother. Even as a small
child I understood her uneasiness and how much this
card was a lifeline for her. No one should have to

15 walk the streets without recognized identification,
16 things happen, people get stopped, buses jump curbs,
17 and in an era of increasing security, we all need ID
18 to enter places where we have to go. The lack of an
19 easy, accessible ID is a major problem for many,
20 including immigrants, students whose permanent
21 residents are elsewhere, the elderly, and those who
22 do not drive. As an 80-year-old, I won 1 t be driving
23 much longer and would find it helpful to have an
24 easy, attainable [bell] municipal ID than go through
25 the hassle of dealing with New York State 1 s DMV.

,-------------r-
2 Metr -IAF looks forward to working with the City to
3 make sure this effort is implemented properly;
4 outr ach will be necessary to convince all New
5 York rs why it's to their benefit to get the ID.
6 I'll e among the first to be issued one; like my

'
7 grantother, I will always carry it.
8 [background comment]
10
11 BRYAN ELLICOTT: Good morning. My name
12
13
14
is B
open
to th
an Ellicott and I fully support Int. 253 as an
nd proud transgender man who is looking forward
day when I feel appropriate, my appropriate
15 gende marker is on my identification. I am pleased
16 to se this legislation is co-sponsored by so many
17 membe s of the City Council and this entire
18 Commi tee.
19 The idea that New York City will allow me
20 to de ide that my true and proper gender identity is
21 one d splayed on this piece of identification is
22 somet ing I couldn't be more excited about. Think
23 about the number of times a day you show your ID, any
24 given day, looking at my New York State ID you know
25 my my birth name, where I live and the gender I

2
was born, and it doesn't look like I do now. As my

22

3 transition has progressed, the idea of a female
4 gender maker on my identification is something that
5 brings a lot of distress and dysphoria to my life,
6 especially going out with friends and coworkers, many
7 who know I'm transgender and some that don't.
8 The protections of Title 8 in New York
9 City define gender in the New York City Human Rights
10 Law, as it was amended in 2002, as your actual or
11 perceived gender identity; self-image; appearance and

12 behavior or expression, or within the identity, self-
13 image, behavior of the invil (sic] assigned at birth.
14 New York State has very strict guidelines for
15 changing your gender marker on pieces of
16 identification, such as birth certificates and the
17 Department of Motor Vehicles.
18 New York State [background comments]
19 Administrative Code says a letter from a surgeon
20 specifying date and place of your type of sexual
21 reassignment, or gender reassignment surgery
22 performed, an operative report and if additional
23 medical information is needed to change your gender
24 marker.

25
2 New York City Administrative Code also
3 state that in order to change your gender marker on
4 your irth certificate you also need to have surgery.
5 Insurance companies do not cover these
6 proce ures and the State finds it unacceptable for
7 you t change it without so. An estimated close to
8 $30,0 0 is needed to have these surgeries and then
9 you g t your gender markers changes; that's a lot of
10 money a lot of saving; a lot of fundraising on top
11 of th n having [bell] to spend money to have them
12
13
14
chang d. My suggestion to the Council is to ask for
lette s from either your health provider or the

'
thera ' ist that can provide your HRT; those are the
15 lette s that are needed by the New York State and New
16 York ity to change those identifications to prevent
17 fraud~
lB CHAIRPERSON MENCHACA: Thank you, Bryan.
19 And t anks to this first panel; clearly you've now
20 heard from New Yorkers who are engaged in many
21 reaso s why municipal IDs could be beneficial. And
22 so 1 1 gonna open it up to questions that Council
23 Membe s have, but really I wanna actually start with
24 you, ryan on the suggestion you just gave us. Can
25 you t 11 us a little bit about how that suggestion is


2 different from current IDs that you might want to be
3 able to get and how this municipal ID has to be a
4 little bit different?
5 BRYAN ELLICOTT: This... [background
6 comment} What is I'm asking is a suggestion is that
7 you get the letter... that the letters". we can get
8 those letters easily; the letters come from our
9 therapists, we have to see a therapist in order to
10 get hormone replacement therapy or from the doctor
11 who already provides a hormone replacement therapy.
12
13
14
Those letters doctors write easily, they write them
pretty much within the five minutes you ask about
them. What I'm not asking is that we have to have

15 surgery in order to prove that we have our genders
16 changed, all I'm asking is that we're allowed to use
17 the same letters we need to have surgery and to say
18 that we're ready to have surgery in order to get
19 those IDs without the surgery.
20 CHAIRPERSON MENCHACA: Great. Thank you
21 for that. And I just wanna let everyone know that
22 our Council Members Koo, Eugene, Dromm, Espinal, and
23 our Speaker are here today, thank you. And any
24 questions from our council members for the panel?
25 [background comment] Council Member Eugene.

2 COUNCIL MEMBER EUGENE: Thank you very
3 much, Mr. Chair. And I want to commend your to come
4 in a thank each one of you from the panel, and
5 thank you also, especially to you gentleman, for your
6 coura e, you know for explaining, sharing with us,
7 you ~ow what you went through because of the ID,
8 your rD that you provided to the police officer; you
9 were ttopped and arrested. And my question to you,
10 very imple; how do you think that you know the
11 munic'pal ID will prevent such thing to happen?
'
13 LUCIO ESCAMILLA: The municipal ID is
14 gonna1 help me about ... I'm gonna work in the City like
15 free tnd I can prove I live in New York City and also
16 many tf my families and especially in my church, in

'
17 my coEnity, where I know thousands of the people,
18 they eed that kind of ID.to identify anywhere,
19 espec ally open accounts in the bank, especially to
20 go to]probably places where they can show they live
21 in Net York.
1
23 much,l In your testimony Miss, you mentioned that
24 outre!ch would be necessary and we know that, but
25 since we are dealing with immigrants and we know the


2 immigrant people are ... they are facing so many
3 challenges in everyday life, because of language,
4 because of difficulty to navigate through the system;
5 [background comments] what can you tell us, you know,
6 what your organization can do in terms of reaching
7 out to immigrant people, especially those who don't
8 speak English, you know as a first language; what do
9 you advise to do in term of outreach?
10 SUE DORN: I'm... I 1 m sorry; I~.
11 COUNCIL MEMBER EUGENE: In terms of
12
13
14
outreach, you know... [interpose]
SUE DORN: In the outreach?
COUNCIL MEMBER EUGENE: outreach...

15 SUE DORN: Right.
16 COUNCIL MEMBER EUGENE: we know that
17 immigrant people, all of us, especially I'm immigrant
18 too...
19 SUE DORN: Right.
20 COUNCIL MEMBER EUGENE: and many of
21 immigrant people, you know, they don't speak English
22 proficiently, so whenever there is a service
23 available in the City of New York, they'll face, you
24 know, challenges in term of being able to navigate
25 through the system and get the resources that are

2 avai ble to them. Do you have any idea, any
3 t, (bell] you know, any advice in terms of how
6 prope ly?
7 SUE DORN: Many are members of churches,
8 synag es, other congregations and through those
9 organ'zations, through the social service agencies in
10 their communities would be a great way to start with
11 reach'ng out to people.
12
13
14
15
and w 1
CHAIRPERSON MENCHACA:
re actually... [crosstalk]
COUNCIL MEMBER EUGENE:
much; appreciate that. Thank you.

Thank you so much
Thank you so
16 CHAIRPERSON MENCHACA: gonna be hearing
17 from. .. from some faith leaders later today in
18 testi any. I'm gonna hand it over to Council Member
19 Dromm
20 COUNCIL MEMBER DROMM: Thank you, Chair
21 Mench ca. So my question is kind of related a little
22 bit t what Council Member Eugene was getting at as
23 well. Not only the outreach to the community, but I
24 was w1ndering if you might have ideas about how we
25 would set up offices to begin to do the intake for

2
the documentation so that people can actually apply.

28

3 Where would places ... what types of places would be
4 most convenience for people to go to [background
5 comments] to apply for the municipal ID?
6 BATYA MILLER: Well I think it's really
7 important if we can possibly set up... [interpose]
8 CHAIRPERSON MENCHACA: Can you speak into
9 the mic a little bit closer?
10 BATYA MILLER: It's really important if
11 we can possibly set up places of application that are

12 known and friendly to the community, whether that be
13 congregations or libraries; [background comment] I
14 think that's a way that". a non-threatening way that
15 you're going to get people to come. You know, I
16 think that's as important, those kinds of decisions,
17 as the... making the process as least cumbersome as
1B possible, but to have places that are friendly
19 [background comment) to the community and perceived
20 that way; I think especially churches would be a
21 wonderful way of doing that, if you can.
22 BRYAN ELLICOTT: A suggestion I have is
23 that we use, for the trans community, the LGBT
24 centers we have in Manhattan, Staten Island and

25 Brooklyn, as those are places the transgender
2 commu ity and even the immigration community feel
3 safe; that we should use those as open houses to
4 apply for the IDs.
5 COUNCIL MEMBER DROMM: So one of the
6 conce s that I have is ensuring that we have many...
7 all N w Yorkers, 8.5 million New Yorkers, applying
8 for t is card. I see an issue, moving forward, that
9 if th re is not some type of a benefit attached to
10 it, t at those who already have drivers licenses and
11 other types of identification might not be as
12
13
14
inter sted in this; [bell} do you have any
sugge tions in terms of what type of benefits we
might attach to it that would bring other people in
15 who a ready have some type or form of identification?
16 SUE DDRN: one of the thoughts some of us

17 had w s if it could be in fact connected to a library
18 card; that that would be good for families as well,
19 and a so help bringing children into the library so
20 that ere would be another benefit from that.
21 SATYA MILLER: I think another
22 possi 'lity is if you can get discounts, small
23 disco ts at major institutions, like museums; that
24 could e very appealing to people, the fact that they
25

2 would save money with this card, you know, which you
3 certainly don't do with your driver's license.
4 CHAIRPERSON MENCHACA: Right. Thank you
5 for that. And we've been joined by Council Member
6 Cabrera as well. Thank you so much. Thank you so
7 much to this panel and we'll be looking forward to
8 continuing our conversation.
9 We're gonna call up our next panel, Miss
10 Mindy Tarlow from Operations and Commissioner Nisha
11 Agarwal from MOIA, the Mayor's Office of Immigrant
12
13
14
Affairs. And Council Members, you have their
testimony in front of you.
Should we leg 'em know?

[background comments)
[background comment] Just

15 to clarify on the testimony that we have, there might
16 be a page missing; can we double... [interpose]
17 SPEAKER MARK-VIVERITO: Miss Tarlow, on
18 your testimony, I think there might be a page
19 missing.
20 MINDY TARLOW: I think we can provide a
21 new copy. [background comment}
22 SPEAKER MARK-VIVERITO: It'S okay; I mean
23 we'll lis ... yeah, we'll just ... just to get this
24 [background comments] .
25

2 CHAIRPERSON MENCHACA: Let's see if we
3 can g t the whole testimony, but we'll go ahead and
4 start with your oral testimony. Thank you.
5 [background comments]
6 MINDY TARLOW: Good morning, Chairman
7 Mench ca, members of the Committee, Speaker Mark-
S Viver to, colleagues in government, and members of
9 the p lie. My name's Mindy Tarlow and I'm the
10 Direc or of the Mayor's Office of Operations and on
11 behal of the Administration I would like to thank
12
13
14
you, hairman Menchaca and Council Member Dromm, for
intra ucing this vital legislation and for inviting
me to testify at this hearing. At the direction of
15 Mayor de Blasia, who has made the creation of a
16 munic pal ID a signature priority of this
17 admin'stration, my office has been working closely
18 with ommissioner Agarwal at the Mayor's Office of
19 Immig ant Affairs (MOIA) and numerous City agencies
20 to pr pare for the timely and effective
21 of this initiative, should the Council
22 it.
23 The municipal ID will be an ID for all,
24 ingle New Yorker benefits by having a
25 gove ent-issued photo identification card that can

I .. .. --------------------------------~~------
2
be broadly recognized by New York City government

32

3 entities and private establishments. We support
4 development of an identification card program that
5 can be both widely utilized by New Yorkers of all
6 backgrounds and easily accessed by marginalized
7 populations.
8 For those of you who aren't familiar with
9 the Mayor's Office of Operations, we are responsible
10 for performance management and accountability across
11 all City agencies and as you probably know, we're

12 responsible for delivery of the Mayor's Management
13 Report, and under the de Blasia administration we
14 have additional functions that have been moved
15 underneath Operations, including the Center for
16 Economic Opportunity and the Mayor's Office of Data
17 Analytics so that we can more fully support the
18 Mayor's equality agenda. Finally, Operations
19 undertakes a range of cross-agency initiatives tO
20 facilitate the effective implementation of citywide
21 projects and we're particularly focused on helping to
22 realize the Mayor's priority initiatives, such as
23 this one, the Municipal ID Program.
24 But before I discuss our planning around
25 the municipal ID I'd like to tell you a little bit

2 about my own experience regarding the importance of
3 expan ing access to government identification for
4 margi alized populations.
5 Prior to joining the de Blasia
6 admin'stration, I spent nearly two decades as the
7 found'ng CEO and Executive Director of the Center for
8 Emplo ent Opportunities. The Center for Employment
9 Opper unities is a New York City-based national
10 organ'zation that's exclusively dedicated to
11 conne ting recently incarcerated individuals to
12
13
14
emplo
the l~k
ent, and one of the often overlooked barriers
to re4ntegration for people with criminal records is
of proper documentation, and my years at the
15 for Employment Opportunities vividly
16 rated to me how important the securing of
17 gove ent-issued photo identification can be in
18 helpin people start down the pathway to legitimate
19 empl~~ent and securing basic essential services; I
20 saw ~t~ every day for two decades.
21 ' This Administration is committed to
22 helpin~ all New Yorkers, including marginalized
23 populafions, access the proposed municipal ID;
24 populations such as disconnected young adults,
25 seniorr, homeless individuals, undocumented

------ ---- ---~------------------------
2
immigrants, and formerly incarcerated persons are

34

3 some of the key demographic groups that have
4 historically retained government-issued photo
5 identification at lower rates than the population at
6 large and the municipal ID can and will vastly
7 improve this.
8 We support creating an enrollment model
9 for the municipal ID that will readily facilitate
10 access for all New Yorkers and incorporate fraud
11 prevention and security protocols to ensure the
12 integrity of the identification card. Should the
13
14
15
Council approve this legislation, we support a
municipal ID enrollment model that designates
multiple sites in each borough where New Yorkers can

16 apply for the municipal ID card.
17 As Council Members Menchaca and Dromm
18 have laid out in this bill, the process for applying
19 for a municipal ID card and demonstrating proof of
20 identity and residency will be similar to the
21 Department of Motor Vehicles 1 model -- individuals
22 will be required to demonstrate evidence of their
23 identity and residency by providing acceptable
24 documents and we support a system of weighted values
25 for documentation, similar to what is used by the

2 DMV. The City would leverage existing facilities as
3 intak centers, looking for sites and convenient
4 locat ns across a range of agencies covering all
5 five roughs. We propose having two types of cites
6 where eople can sign up for the municipal ID, what
7 we're alling "active sites" would be broadly
8 promot d as places the general public can visit to
9 sign ~ for the municipal ID. What we're calling
10 "passi~e sites" would include agencies where many
11 membert. of the public already go to receive services
12
13
14
and ar
proof
likely to already have brought necessary
f identity and residency with them so they can
access the municipal ID at that time.
15 Turning to fraud prevention, we are
16 workin closely with NYPD, other law enforcement
17 entiti s, government agencies that issue
18 identi ication cards and cities from around the
19 countrr' who have implemented similar programs to
20 ensure we are incorporating all appropriate fraud

'
21 preven ion and security procedures. Design of the
22 munici al ID card would be inspired by DMV-style
23 govern ent-issued photo identification cards, but
24 with a distinct New York City branding. We would
1
25 embed full array of security features into the

2 card, such as holographic laminates, special
3 cardstock material and engraved text.
4 With respect to records retention, we are
5 highly sensitive to the issue of document retention
6 and the concerns that have been raised by Council
7 Members and advocates alike. This administration is
8 emphatically committed to protecting the privacy of
9 the information gathered from this proposed
10 initiative and particularly attuned to safeguarding
11 any and all information that could potentially hint
12
13
14
15
at the immigration status of a cardholder.
employ every tool at our disposal to guarantee

We would
protection of information submitted by applicants.
I believe that there is generally broad

16 consensus among the Administration, Council Members
17 and advocates about the municipal ID initiative and I
18 would like to commend the lead sponsors of the
19 legislation, Council Members Menchaca and Dromm, as
20 well as Speaker Mark-Viverito for crafting this bill.
21 I would however like to suggest a few items be
22 revisited. I would strongly encourage the Council to
23 consider allowing for more flexibility in the
24 administration of the municipal ID initiative by

25 mayoral agencies. Under this model the Mayor's
2 effie could capitalize on the back end
3 infra tructure of the Human Resources Administration
4 (HRA) to ensure the successful implementation of the
5 munic'pal ID. My office, the Mayor's Office of
6 Opera ions, conducted an analysis comparing all City
7 agenc'es that could potentially perform this back end
8 funct' n, including our own, and determined that HRA
9 is bes positioned to undertake the back end
10 responfibilites necessary to successfully implement
11 and op~rate the municipal ID initiative. HRA has the
12
13
14
most r levant expertise in issuing identification
cards t scale, including reviewing and verifying the
authen icity of the identification. Considering the
15 aggres ive timeline to make the municipal ID
16 availa le to the public this calendar year, HRA's
17 procurtment infrastructure and administrative support
18 will c at-efficiently and swiftly get this program up
19 and r ing. HRA would support day to day
20 admini tration of the budget, procurement and general
21 back e d office functionality regardless of HRA's
22 heavy nvolvement in the back end; however, they
23 would ave no involvement and would not be associated
24 with t e public branding of this initiative .
25
---. -~-~-------------------------

2 I also wanna emphasize that Mayor de
3 Blasio, Deputy Mayor Barrios-Paoli and HRA
4 Commissioner Steve Banks have committed HRA to a
5 mission of fighting inequality and poverty every
6 single day and the municipal ID is a key initiative
7 that will help HRA realize that essential mission.
8 My team and MOIA have worked closely with HRA
9 throughout the municipal ID planning process and we
10 can say firsthand that the senior leadership at the
11 agency is deeply committed to this initiative and
12
13
14
supporting the communities who will benefit from it.
I believe the Council and the Administration are
equally committed to the successful implementation of

15 the municipal ID and I hope you will consider
16 permitting HRA to conduct the back end office
17 functionality that can best position us to realize
18 that shared objective.
19 I would also like to suggest removing
20 Section 3-139 on penalties from the legislation. The
21 conduct being regulated in this section is already
22 captured by several provisions in the Penal Law.
23 One additional concern about Int. 253
24 that I would like to raise relates to the
25 availability of applications and intake of the

2 munici al ID. The legislation indicates the
3 Admini tration would make "applications for such card
4 availa le for pickup and submission at any agency or
5 office where there is substantial contact with the
6 public 11 This implies that any City facility that
7 serves the public would be a site where New Yorkers
8 could pply for the municipal ID; this would
9 repres nt thousands of locations around New York City
10 and co ld be logistically infeasible and cost-
11 prohib tive if it were implemented or taken literally
12
13
14
at its]word, so we strongly suggest working with us
so that we can identify the best sites to offer
intake for the municipal ID that will navigate the
15 securi y, the cost, the technology; the staffing so
16 that w can address everything that we're trying to
17 addres at each and every municipal ID site.
18 The de Blasia Administration is
19 enthus astically committed to the swift, [bell]
20 secure and successful implementation of the municipal
21 ID ini iative, the Mayor's Office of Immigrant
22 Affair and the Mayor's Office of Operations will be
23 direct y and intimately engaged in the planning and
24 implem ntation of the municipal ID and we look
25 forwar to partnering with individual members of the


2 City Council and the many advocates and supports
3 across the City to generate robust public awareness
4 and tremendous citywide take-up of the municipal ID.
5 Thank you again for this opportunity to
6 testify on the municipal ID and it 1 s now my privilege
7 to turn things over to my new colleague and friend,
8 Nisha Agarwal, Commissioner of the Mayor's Office of
9 Immigrant Affairs and we'll of course both be
10 available to answer any questions you'll have after
11 our testimony.
12
13
14
NISHA AGARWAL: Good morning. Thank you,
Mindy for the introduction and for so clearly laying
out the groundwork on the municipal ID. Thank you

15 again to Chairman Menchaca and Council Member Dromm,
16 members of the Committee, Speaker Mark-Viverito and
17 the Council as a whole for advancing such a critical
18 issue, and thank you, actually, to the first panel of
19 New Yorkers who spoke in support of this issue.
20 My name is Nisha Agarwal and I am the
21 Commissioner of the Mayor's Office of Immigrant
22 Affairs, or MOIA; I welcome the opportunity to speak
23 further about municipal ID.
24 As the Commissioner of MOIA, my role is
25 to advance our City-chartered mandate to work with

2 the Ma or and the Council to create policies and
3 progra s that improve the lives of immigrant New
4 Yorker this mandate clearly encompasses todays
5 legisl tion for which we commend the Council's
6 leader hip, and Mayor de Blasia's charge to us of
7 ensuri g the creation and solid implementation of the
B munici al ID card.
9 My office's work also includes
10 collab rating across the Administration to support
11 progra s that bolster access to services and well-
12
13
14
being or all New Yorkers, whether their immigrant
is recent or generations ago.
clear that the municipal ID is a

In that light
15 eaking program that will reach beyond
16 immigra ts to all of our communities.
17 Before I discuss the program in more
18 detail would like to speak briefly about my own
19 profess'onal experience which has centered on
20 increas ng access to services for marginalized
21 populat ens, including but not limited to immigrants.
22 Before joined the de Blasia Administration I worked
23 on incr asing access to legal services for immigrant
24 New Yor ers and improving language access in health
25 care se,tings and government agencies . As a civil

-----~,-~- ------------------------
2
rights lawyer I worked on cases and campaigns to

42

3 ensure that all New Yorkers, regardless of race,
4 citizenship, language or disability are able to
5 access all our city has to offer on equal terms.
6 Recently I was part of the Center for
7 Popular Democracy's research effort to study the
8 implementation of municipal identification cards
9 across the country as a vehicle to understand how our
10 city could learn and improve upon other cities'
11 programs. As such, increasing access to our city's

12 services, attractions and spaces to more New Yorkers
13 who currently struggle to obtain a basic entryway, a
14 form of government identification is a natural
15 continuation of my work over the years and a key
16 aspect of MOIA's leadership on the issues of equality
17 and unity. It's our view that the proposed municipal
18 identification card will serve as a unifying force
19 across many communities, providing valid
20 identification to many who have lacked access to
21 identification while providing meaningful benefits to
22 those who already have access to ID.
23 It is also. our view that the municipal ID
24 would allow more New Yorkers of all backgrounds to

25 more easily access City services, public and private
-------.~--------------------------,-------~---
2 ing and increase participation in our local
3 by accessing banking and financial
4 ment services.
s Of course, part of our commitment is a
6 respon e to the very harsh realities faced by
7 undocu ented immigrants, estimated to number
8 approx'mately half-a-million in New York City who
9 face n merous obstacles as a result of not having
10 govern ent-issued identification. For example,
11 undoc ented immigrants and other communities without
12
13
14
identi ication may fear law enforcement, are often
afraid to report housing and labor violations, or
have a harder time signing leases or opening bank
15 accoun s or even visiting their children's schools.
16 I wanna emphasize that these obstacles
17 are no faced by our undocumented communities alone;
18 it is real issue for many marginalized communities,
19 such a our elders, victims of domestic abuse,
20 runawa and other disconnected youth, the disabled,
21 transg dered individuals, and those who are
22 re-ent ing our society after incarceration. In
23 other rds, it is clear that many communities beyond
24 immigr ts will benefit from a municipal ID and
25 indeed, to avoid a reality in which the card is


2 viewed merely as an immigrant card, it is crucial
3 that the card have widespread appeal and we support a
4 program that meets this goal.
5 One of the ways we will meet this goal is
6 to build many benefits into the municipal ID so that
7 the card is meaningful to all New Yorkers. We are
8 still in the early stages of exploring for the
9 municipal ID, but I can share with you some of the
10 benefits that we support. To begin, the municipal ID
11 should be broadly recognized and accepted by City
12
13
14
agencies; we would like to ensure, for example, that
parents would be able to use the municipal ID to gain
entry into their child's school. Our goal is also

15 that the municipal ID will enable New Yorkers who
16 previously lacked government-issued identification to
17 better access private-sector services. For example,
lB our hope is that the municipal ID will serve as the
19 government-issued photo documented needed to get a
20 bank account so New Yorkers can avoid predatory
21 financial services and check-cashers.
22 These benefits and others will assist
23 communities that have been needlessly marginalized in
24 their day to day interactions with the City. But
25 again, I wanna emphasize that the municipal ID is an

2 identi ication card that will benefit all New
3 Yorker even those with government-issued photo ID.
4 If this legislation is enacted, we would
5 work w th City agencies and private-sector entities
6 across the five boroughs to explore how we might
7 embed he municipal ID with benefits and discounts at
8 educat anal, arts and cultural institutions,
9 restau ants and other small businesses,
10 transp rtation, and an array of other services.
11 Importantly, even after the municipal ID
12
13
14
progra
workin
has launched, it would important to continue
to expand the suite of benefits available to
cardho ders to ensure that this is a program that
15 grows er the years. We are open, of course, to
16 hearin ideas from the Council and others on
17 additi al benefits and services that could be
18 attache to the card.
19 Beyond the benefits of municipal ID, I'd
20 like to share our ongoing efforts to engage
21 communi ies and learn from other cities experiences.
22 To this end we've been hearing and learning from
23 three 1 yers of advisers -- {1) are community
24 advocat s representing the diverse communities in New
25 York; { municipalities who have implemented similar

- -~''' .,..

2 programs across the country, and (3) our governmental
3 partners to support the program.
4 On the community level we have been in
5 active conversation with many groups -- the Arab
6 American Association of New York, the New York Legal
7 Assistance Group, Make the Road New York, The New
8 Economy Project, Faith in New York, the Center for
9 Popular Democracy, Picture the Homeless, Northern
10 Manhattan Coalition for Immigrant Rights, the New
11 York Civil Liberties Union, the New York Immigration
12
13
14
Coalition, and truly, many other leaders from the
advocacy, business and faith communities. These
groups, along with many others, have been extremely

15 helpful in informing our thinking.
16 In terms of other municipalities, we have
17 learned from the experiences of Oakland, Los Angeles
18 and San Francisco in California, as well as New Haven
19 in Connecticut. While the scale in these cities is
20 not comparable to New York, we have gleaned many
21 important lessons that will inform our effort here.
22 On the governmental side, we have spoken
23 to the New York City Department of Motor Vehicles at
24 the State level, governmental partners, such as CUNY
25 and all three of New York City's library systems, and

------------------------------------r---------------------------------------------------------- -
2 many C ty agencies, including the Department of
3 Homele s Services, the Department of Corrections,
4 NYPD, he Mayor's Community Affairs Unit, the
5 Depart ent of CUltural Affairs, the Department of
6 Finane , the Department of Environmental Protection,
7 the De artment of Consumer Affairs, the Taxi and
B Limous e Commission, the Small Business Services,
9 the De rtment of Transportation, the Department of
10 Parks d Recreation, and others. OUr agencies have
11 redibly committed to the success of this
12
13
14
propose program and I have no doubt that robust
partner hips with our agencies will be at the heart
of the unicipal ID.
15 We are clear that the widespread adoption
16 is crit cal for the card to be most meaningful and
17 have pr liminary ideas for an expansive outreach
18 strate to reach every neighborhood through a
19 citywid campaign. For any outreach effort on
20 municip 1 ID, MOIA would work closely with the
21 Mayor's Community Affairs Unit and Operations,
22 alongsi e our trusted community partners who have
23 propose working closely with us to accomplish our
24 shared oals of seeing the municipal ID get into the
25 hands o as many New Yorkers as possible. We would


2 also look to partner with the Department of Education
3 and other City agencies with strong and widespread
4 touch points across all five boroughs. We would also
5 plan to leverage the capacity of our agencies and the
6 Mayor's Community Affairs Unit, who already have
7 relationships in the community, to provide accurate
8 information on the program and help steer residents
9 to efficiently access the card. We would anticipate
10 promoting the card through social media, community
11 and educational institutions, notable New Yorkers,
12
13
14
like yourselves, foreign consulates, faith-based
institutions and beyond, and we look forward to the
prospect of working with your local offices to help

15 your constituents get the municipal ID and make the
16 program a resounding success.
17 Thank you again for inviting us to
18 provide testimony; I welcome any questions, along
19 with Director Tarlow, now or at any time after the
20 hearing.
21 CHAIRPERSON MENCHACA: Thank you
22 Commissioner and thank you Director, and what I wanna
23 just underscore really is your testimony, both of
24 your testimonies kinda show a real commitment on the
25 Administration to understand this, your multiple

2 conver ations with really, probably all agencies kind
3 of sho a breath of understanding about how this
4 piece f legislation as it's written is gonna impact
5 the Ad inistration and how to get this out quickly.
6 Every gency adds on the table, so thank you so much
7 for co firming that for us; this is something that
8 we've een engaged in conversation. So I'm gonna
9 start he questions off and then I'm gonna open it up
10 to our council members. But really what I wanted to
11 unders and is, in your legislative recommendations,
12
13
14
as we
mentio
help o
ind of continue to evolve this bill, you
d increasing agencies that can come in and
the efficacy of this bill; can you talk a
15 little it about the procurement process and I think
16 you giv the dynamics of it, but what compels the
17 Adminis ration to understand procurement and its
18 benefit [backg!ound comment] for HRA?
19 MINDY TARLOW: I think there is multiple
20 things t work here -- (1) I think you pointed out is
21 just th speed and efficacy with which we're trying
22 to get his very important and complex initiative off
23 the gro nd, [background comment] and the initiative
24 itself as a lot of moving parts; it has to do with
25 techno! gy, it has to do with understanding of how ID


2 cards are put together and used, it has to do with
3 just knowledge and experience about procurement in
4 general and the speed with which you can put those
5 things together and having the underlying apparatus
6 and experience to do that. I referenced in my
7 testimony that Operations had done an evaluation of
8 multiple agencies who could conceivably have one or
9 more of those kinds of experience and HRA had all of
10 them, and we felt that given the complexity of this
11 initiative, the speed with which we're trying to get
12
13
14
it to happen and the importance of it to both the
Council and to the Administration, we felt in our due
diligence in preparation for hoping that this will go

15 forward, that was the conclusion that we drew, that
16 HRA was the most well-positioned to play that role.
17 CHAIRPERSON MENCHACA: Does that affect
18 cost as well? Is... [interpose]
19 MINDY TARLOW: Uhm...
20 CHAIRPERSON MENCHACA: is there a cost
21 savings in moving to this multiple agency approach?
22 MINDY TARLOW: Yes, ultimately I think
23 there will be; we're still of course working out the
24 cost proposals; we're... we're._ [interpose, crosstalk]
25

2 CHAIRPERSON MENCHACA: Can you tell us
3 about hat the costs are... [crosstalk]
4 MINDY TARLOW: we're really working on

5 budget process right now; as everyone knows, we're
6 deeply engaged in that, so what we're trying to do is
7 just d velop a budget framework that matches and
8 compli ents the vision that I laid out in the
9 testim ny and we're working on that right now. But
10 we do hink this is the most cost-effective and...
11 becaus time is money, as we all know, and
12
13
14
[backg ound comment] for something to happen quickly,
that g erally means it's more cost-efficient.
NISHA AGARWAL: And the one thing I would
15 just a~ to what Director Tarlow said is that, you
16 know at possibility, right, would be to create a
17 separat apparatus for implementation of the
18 municip 1 ID, but of course, that comes with all of
19 its, fo lack of a better word, overhead. If we
20 leverag existing agencies that we have that already
21 have th procurement functions, have all of those
22 differe t administrative functions built in and have
23 been do ng it at volume, we save the program a
24 conside able amount of money .
25
--------------

2 CHAIRPERSON MENCHACA: Gotcha. Okay. I
3 have some other questions, but I wanna give Council
4 Members the time and opportunity; we've been joined
5 by Council Member Antonio Reynoso and I'm gonna give
6 it up to Council Member Dromm.
7 COUNCIL MEMBER DROMM: So I just wanna go
8 a little bit more to the cost as well. Have we
9 thought about partnering with businesses or banks,
10 MasterCard, anything like that; there are models in
11 other cities that I've heard of that have done that,

12 that have seen those types of businesses pick up the
13 cost for it; what's your opinion on that; have you
14 thought about that and can you give us a little bit
15 more information about that?
16 NISHA AGARWAL: Sure. So, you know we
17 have conducted research into the feasibility of
18 adding a banking component to the municipal ID; at
19 least at the initial stages we don't anticipate that
20 we'll incorporate a debit component into the
21 municipal ID card when it's issued this year, just
22 because we don't have confidence we can offer a truly
23 safe and affordable product that effectively meets
24 the needs of low-income New Yorkers. If options

25 available were to evolve, we would of course
2 reconsi er accordingly; that said, the Administration
3 is work'ng very closely with the Department of
4 Consume Affairs and the Office of Financial
5 Empowe ent to identify banks and credit unions
6 across he City that are eager to accept the
7 municip 1 ID as a form of identification for
8 accessi g bank accounts and non-predatory financial
9 service So we're confident that the municipality
10 [sic] w 11 provide financial access in that way, from
11 the out et, or at least we're having those initial
12
13
14
convers tions and they're going well.
little
COUNCIL MEMBER DROMM: So my question, a
it different, I think; has there been any
15 conside ation about having one of those businesses
16 pick up the cost for that? So in other words, that
17 they wold cover the cost of production of the card.
18 NISHA AGARWAL: So, you know I can speak
19 to... we ave not spoken, at least for the financial
20 institutions, about that issue, but we're exploring a
21 variety f different models in terms of the costing
22 and the udgeting at this point, but nothing specific
23 to share.
24 COUNCIL MEMBER DROMM: So is there any
25 timeline in terms of your mind what you would


2 consider for the vendor to be selected as we move
3 down the road?
5 MINDY TARLOW: we have set some
6 timeframes for trying to get this grounded within the
7 calendar year, so that sets the stage and that's one
8 of the reasons we've tried to do a lot of due
9 diligence now; you know, obviously this is a critical
10 part of the process here today and we're not trying
11 to -- what's the right phrase -- get over our skis,
12
13
14
but we're trying to do the due diligence that's
necessary so that we're ready to press go and you
know we did set this calendar year timeframe in front

15 of us and we're trying to make good on that, should
16 this go forward.
17 COUNCIL MEMBER DROMM: So I believe that
18 the Mayor originally spoke about allocating about
19 $400,000 for the initial startup of this.
20 MINDY TARLOW: That was in the February
21 financial plan, yes, for the planning process.
22 COUNCIL MEMBER DROMM: So how much money
23 will be allocated moving forward for outreach and
24 education?
25

"'"~---~~-----------,------------------ ------
2 MINDY TARLOW: we are working on the
3 budget ight now and as I said earlier, it has a lot
4 of movi g parts, as does the budget as a whole and
5 we're d eply engaged in that right now and trying to
6 create budget for this project that matches the
7 vision hat we laid out in the testimony around the
8 hub and spoke model of having the intake centers and
9 the bac end functionality that we described, the
10 kind of outreach that Nisha described; we're trying
11 to put 11 that together right now and looking at
12
13
14
differe t kinds of modeling and imbedding that within
the bud et discussions that are going on right now.
COUNCIL MEMBER DROMM: Okay. Thank you,
15 Mr. Cha r.
16 CHAIRPERSON MENCHACA: Thank you, Council
17 Member. Council Member Koo.
18 COUNCIL MEMBER KOO: Thank you Chair
19 Menchac and Council Member Dromm for this wonderful,
20 very i ortant initiative. Thank you, commissioners.
21 My first question for you is; you know,
22 we all municipal ID card is really good,
23 really ortant to new immigrants or undocumented
24 but there is a stigma attached to it and
25 people t ld me, why do I wanna apply a card that even


2 though I'm documented? So my thought is, in order to
3 solve that problem we._ like you said, we encourage
4 all citizens from New York City to apply, but why
5 would a citizen or other immigrants that have already
6 proper IDs to apply a municipal ID? So there must be
7 an incentive there, so in order for us, and including
8 our council members; the Mayor may be the first one
9 to apply for one, you know [background comments,
10 laughter] and in order for other people to do the
11 same thing, we have to have some incentive or make it
12
13
14
really usable. Now say we combine it with a MTA
card, you know, everybody use a MTA card, there's no
distinguish when use.- this card... nobody know you 1 re

15 second-class or first-class or whatever, you know.
16 [background comment] So my suggestion is... because on
17 the MTA card there are a lot of space and like this
18 one is Grand Central Station, do the advertisement
19 there, no, 100 years and this would be one of the
20 ideas you know because I don't know if MTA will agree
21 to that because with this you can add money to the
22 card and you can use every day, and the black one is
23 a~. this a municipal ID card too; just one of the
24 thoughts. [background comments] And another thing I
25 wanna ask you is, with this municipal ID, suppose one

2 carrie this and they go on interstate travel on a
3 bus an the bus stop by immigration service, they
4 check Ds, with this ... [bell] is this okay for
5 immigr tion purpose; would they... would the immigrant
6 offici 1 detain the passenger because they carry this
7 kind o municipal ID? [background comment]
8 NISHA AGARWAL: So I can respond about
9 this stion. So we could not ... the Administration
10 could more, that this is a card that has to
11 have be efits and incentives built into it that make
12
13
14
it appe ling to all New Yorkers, which is the reason
why we' e been having conversations both with other
agencie within City government as well as with
15 privatetsector entities to figure out, are there ways
16 to get, I as was mentioned in the prior panel,
17 discounts at cultural institutions so that parents
18 and st:ldent~ can access all that New York City has to
19 offer ~l really expand their education, right; make
20 New Yorj City the platform for their education, using
21 the muntcipal ID card. So that is absolutely
22 somethi'g that we are very focused on and working on
23 and whe~ the card is launched, it will have benefits
24 not onl for undocumented immigrants, but really that
25 will rna e you and everyone else wauna sign up first

~-------------
1 COMMITTEE ON IMMIGRATION SB

2 to get the ID, so we are hard at work on that. On
3 the issue of interstate travel and some other issues
4 that cards may be used for, like drivers licenses,
5 one of the things that we should look at is whether
6 we should have warning language on the card about

7 what purposes the card cannot be used for, 'cause we
8 have... the City has limited authority about what cards
9 can be accepted for state and federal purposes and
10 we'll wanna properly inform and educate the users of
11 the card about the limitations as well, so that's
12
13
14
something we've been exploring preliminarily and
would certainly continue if this bill were to pass
and we were to implement.

15 COUNCIL MEMBER KOO: Can I .. [crosstalk]
16 CHAIRPERSON MENCHACA: Thank you.
17 Council Member Cabrera.
18 COUNCIL MEMBER KOO: Can you... can you._
19 one more ... just real quick... [crosstalk]
20 CHAIRPERSON MENCHACA: Quick follow up.
21 COUNCIL MEMBER KOO: Can you use the card
22 for like get on the airplanes?
23 NISHA AGARWAL: That's ... the use of
24 identification for that purpose is actually not
25 within the City's authority, that's a federal issue

2 and so we would need to inform people... the federal
3 govern nt about those limitations.
4 COUNCIL MEMBER KOO: Thank you.
5 CHAIRPERSON MENCHACA: Thank you. We're
6 gonna a ere to the strict two minutes per council
7 member. Council Member Cabrera.
8 COUNCIL MEMBER CABRERA: Thank you so
9 much an I'll take 10 seconds of that. To Mr. Chair
10 and Co cil Member Dromm, I really wanna take a
11 moment o praise you for really putting a tremendous
12
13
14
amount
time yo
f time; I don't think people realize how much
have dedicated to this cause and I know
Council Member Dromm, for years you have, as the
15 former air, have indeed given a tremendous amount
16 of effo t and now is gonna become a reality, so I
17 complim nt both of you. I'm gonna make a quick
18 stateme t and then I'll follow up with a question,
19 since I only have a minute-and-a-half. I wanna
20 follow p with Council Member Dromm's question, that
21 it waul seem to me it will make sense to add the
22 banking piece to it, and let me tell you why, for a
23 couple f reasons -- {1) if we change our minds later
24 on, it gonna cost us a tremendous amount of money,
25 and to ay the least, headaches; (2) why not have a

--~--~--- -- -- ~~---- ---------------------------------

2 public-private kind of setup that really, it'll
3 defray all the cost; this is gonna cost us millions
4 of dollars; I could tell you, based on what I've seen
5 in Oakland, minimum we're gonna be spending $50
6 million, minimum. I would encourage you to really do
7 the research on this; I would rather use those $50
8 million for something else, and let the private
9 sector pay for it; they have the money, they can
10 afford it, and they wanna do it; that's the really
11 interesting piece here; they really wanna do it and
12
13
14
it will be a win-win situation and having said that,
the banking piece I think is important; I think we're
leaving it to kind of a luck, chance situation and

15 based on the history, what we have seen in other
16 municipalities, banks tend not to [bell] be amicable
17 to the idea of using these IDs in order for them to
18 get banking; I think this would empower our people
19 and, respect to the Chair, I'll stop here. But
20 please, if you could address that; at least stay
21 open-minded as we go through this process.
22 NISHA AGARWAL: Sure. So thank you;
23 that's a very legitimate point. One thing to be very
24 clear on is that we are designing the system, or at
25 least our initial plans would not foreclose the

2 possibi ity of adding banking features later on, so
3 the con ern about the cost escalating because we
4 didn't hink of it at the outsight I think is
5 somewha alleviated, because we 1 re... that 1 s very much
6 on our adar screen. We also, on the other side,
7 wanna b sure that we are as thoughtful and as
8 protect ve of the needs of low-income New Yorkers who
9 we wann be able to provide a safe, affordable,
10 effecti e financial product to; that's a very serious
11 conside ation, and so while we're open-minded, we do
12
13
14
wanna b very thoughtful about how we implement that
and tha 's sort of our thinking at the moment.
CHAIRPERSON MENCHACA: Thank you so much.
15 Next I anna give it up to my brother from Brooklyn,
16 Council Member Reynoso.
17 COUNCIL MEMBER REYNOSO: Thank you,
18 Chair, hank you so much; I'm really happy to be here
19 at this with you Chairing this hearing and
20 speakin an issue that I think is extremely
21 importa I'm gonna say one thing that I haven't
22 thought and one thing that I have. When it comes
23 to our being able to have them participate
24 in this I think it's extremely important; it
25 might be a little difficult, our incentivizing or the


2 programs that we have to incentivize folks to join
3 this program, it might not be attractive to people
4 that have state IDs already; the resources or the
5 gains that they get from having a City ID might not
6 be attractive; I'm hoping that we could implement a
7 very early age in which you can obtain this ID, even
8 as low as 12 years old, because then once they're
9 there, they're gonna cycle through and continue to
10 maintain or have this ID, so maybe in 40, SO, even 60
11 years every single person can have this ID and we
12
13
14
would eliminate the stigma of only undocumenteds
having it, [background comment] so just being mindful
of that. [background comment] And well, what are

15 you thoughts on it?
16 NISHA AGARWAL: Sure. So we . that's very
17 much something the Administration is looking into and
18 supports .and access for young people to this
19 identification is something that we're thinking
20 about; of course, with appropriate protections for
21 minors, you know, that may be necessary and so, I
22 would say I agree and we will also be having
23 conversations with the Department of Ed and other
24 agencies that work with young people to be able to
25

2 leverag some of their resources as well to reach
3 that po ulation.
4 COUNCIL MEMBER REYNOSO: And then the
5 last pat was -- I'm a biker, I bike, and this might
6 not be opular and I haven't thought this one out,
7 [backgr und comment] but maybe there's an opportunity
8 here fo , you know, proper biking, riding in the City
9 of New ork and having to go through a course and
10 maybe o taining this [background comment] ID through
11 that as well; just thought I'd bring it up; maybe
12
13
14
15
it's an idea that could also work.
you for being here and good job, by the way.
NISHA AGARWAL: Thank you.
[bell] But thank
Thank you, Council
16 Member eynoso. And now we'll hand it over to
17 Council ember Eugene.
18 ] COUNCIL MEMBER EUGENE: Thank you very
19 much, M1. Chair and thank you to each one of you for
20 your tes~imony. To Miss Mindy Tarlow, [background
21 I
comment} in your testimony you mentioned that we
22 propose; that's your nice pose [sic}, we proposing
23 having tte two type of site where people can sign up
::::.:::: 1:::::'~~~::: ::::::~.:~:-::::~:"'

24
25
--- --------
--~,~-.

2 would they be located in government building, in
3 government agencies, private institution or private
4 organization, and what will be the process to choose
5 them if they would be located in private
6 institutions?
7 MINDY TARLOW: So we're looking at a wide
8 range of sites right now and I... I... I did wanna
9 reference the earlier panel and was encouraged to
10 hear that they were thinking along similar lines;
11 that made us feel that we're also on the right track.

12 We're looking at sites that are government, but also
13 community-based, where people would go for other
14 kinds of services that cover a broad range of things,
15 whether it's parks or whether it's libraries, things
16 like that, where people would normally go; we
17 consider those active sites and we're trying to make
18 sure that they cover a wide range of topics so that
19 it would draw a wide range of people and also make
20 sure that they cover a wide range of geographies and
21 that they cover all boroughs, and we're looking at a
22 number of different options and we're -trying to talk
23 to as many people as possible so that we can get the
24 broadest range of options available.

25
2
COUNCIL MEMBER EUGENE: In terms of the

65
3 whole p ocess, will you create an agency to oversee
4 the pro ess or to oversee all the sites?
5 MINDY TARLOW: What we're proposing to do
6 is to ve the Mayor's Office, sort of broadly
7 speakin -- Operations, the Mayor's Office of
B Immigra t Affairs, the Community Assistance Unit, the
9 groups hat [bell] Commissioner Agarwal was
10 describ ng earlier oversee the project at large
11 and mak sure that we have the right kind of
12 communi ation and interaction with the active sites,
13 but als , make sure that we're working closely with
14 the bac office operation to make sure that the IDs
15 are pro erly administered, that the program is
16 proper! put on the ground; the technology and
17 procure nt process is adequately secured. So we
18 would tr to have the Mayor's Office, again, sort of
19 general! speaking, oversee the whole process.
21 much. ackground comment] Thank you, Mr. Chair.
22 CHAIRPERSON MENCHACA: Thank you Council
23 Member E gene. And I'm gonna round it off with some...
24 a series of questions, just to kind of really fill in
25 the expe ience of New Yorkers, and the first one I

' '

2 wanted to ask about was, maybe right after, kinda
3 thinking about the mobility of this program and how
4 it's gonna interact with New Yorkers; how are you
5 gonna evaluate, (1), and do you have a plan to
6 evaluate the current kind of front end workers, and
7 how are you thinking that out? And on the flip side;
8 how are you evaluating the experience of every New
9 Yorker, and we've kind of talked a lot about seniors,
10 LGBT community, our undocumented immigrants, and
11 evaluating their experience as well and kinda share
12
13
14
15
that?
NISHA AGARWAL: So I can start and then,
you know, our goal would be, in terms of the front
end staff, to have a very extensive and thorough

16 training program for them to be able to, you know,
17 look at and sort of identify the veracity of
18 documents that are presented for identity and
19 residency and to have a kind of cadre of people who
20 are focused on municipal ID as the individuals who
21 would be doing some of the front end work, and in
22 addition, you know, I think part of what you're
23 asking is, would they have the kind of cultural
24 competency training, the sort of linguistic support,

25 the other kinds of training that's needed to make the
2 card t ly accessible at the point of contact, and
3 that's f course something that we would work to
4 ensure s the case so the training is not just, are
5 these d cuments real or not, but the training is, how
6 do we m ke this a welcoming process for people who
7 wanna g t the card, so absolutely. And then in terms
8 of abou oh, sorry.
9 CHAIRPERSON MENCHACA: Before you go to
10 the sec nd component, and just stay on the kind of
11 worker xperience, language access; can you really
12
13
14
talk ab ut that and really the commitment to language
access or New Yorkers?
NISHA AGARWAL: sure. So the commitment
15 on lan age access, I will say personally is an
16 issue, ery near and dear to my heart; that's the
17 work I s arted doing in my career as a lawyer and
16 it's ve important to the Mayor, and so in
19 implemen ing this program, along with all of the
20 other maor initiatives that have been happening,
21 like uni ersal pre-K, etc., there will be, you know,
22 translat d materials available for people, the access
23 to inter retation services, all of the basic language
24 access s rvices, as we have at this hearing, right,
25 to make t possible for New Yorkers of all languages


2 and all backgrounds to be able to access the program.
3 So I'll just emphasize that commitment now.
4 CHAIRPERSON MENCHACA: And then the
5 second part to the question about the kind of
6 experience that New Yorkers are gonna have and how
7 you plan to evaluate that; how are we gonna know and
8 hopefully in real time that this is a highly
9 accessible, but great experience?
10 MINDY TARLOW: I think that the Mayor's
11 Office of Operations, along with MOIA, we actually
12
13
14
have a very close-working relationship around
language access and among other things; we do a lot
of work around customer service and I think that we

15 will come up with ways of using that experience to
16 make sure that we can test and survey New Yorkers to
17 make sure that their experience is a good experience
18 and use the things at our disposal to make sure that
19 we are finding out how the public is experiencing
20 municipal ID and you know, try to come up with some
21 creative ways to really understand that experience.
22 CHAIRPERSON MENCHACA: Next question is,
23 Director Tarlow, what kind of outreach to previously
24 incarcerated people would be successful in getting
25

2 municipal IDs in... really into their hands and can you
3 kinda dr'll down on that point for us?
4 MINDY TARLOW: Right and if I had another
5 hat I wo ld put it on right now. [laughter] I think
6 that New York City has one of the strongest

!
7 communitf-based apparatus in the country in terms of
a people w 0 deal with formerly incarcerated people,
9 especial y those who are just coming home and
10 reintegr ting into their communities, so I would tap
11 into tha network; it's quite robust, and that would
12
13
14
be my fitst stop, would be to engage that community,
it's whee people are going for services, it's where
people f eL. it 1 s a place of trust and comfort and I
15 think th t would be my first thought, would be to
16 engage t t community.
17 CHAIRPERSON MENCHACA: And we 1 re really
18 looking torward to your expertise on this as we
19 continue to develop... develop the program.
20 [interpo e, crosstalk]
21 MINDY TARLOW: And I would be delighted
22 to share it.
1
23 CHAIRPERSON MENCHACA: The next question
24 is real! for ... for you again on... or actually, for
25 both of ou on understanding the consulate IDs and it


2 kind of come into ecosystem in New York City, you've
3 heard from the first panelists a little bit about
4 that experience, and so, have you reached out to the
5 consulates and what's your conversation in really
6 understanding what they bring to the table in
7 understanding identification [background comment]
8 being part of the weighted point system to
9 [background comment] get a municipal ID?
10 NISHA AGARWAL: Yes. So we are engaging._
11 the Mayor 1 s Office of Urban Affairs has historically
12
13
14
worked with the consulate offices, as you can
imagine, on a range of different issues and we are
sitting down with them to learn both about their

15 consular ID process as well as to understand how some
16 of the IDs and the programs that they have may
17 interface with the municipal ID, and so that's a
18 conversation that 1 s ongoing, and you know, I think
19 the consulates will may be important partners in
20 outreach and some of the consulates that have ID
21 programs that have done outreach efforts, they have
22 people coming at 6 in the morning to line up for this
23 card and there 1 s clearly a pent-up demand for
24 identification cards of this sort, and one of things
25 they 1 ve done well is actually doing some of that

---~---------------,------
2 outreac in the community itself, not requiring
3 people o come into Manhattan to obtain the consular
4 ID, and so we'd like to learn from those experiences

'
5 and we'~ like to partner with the consulates very
6 much on !outreach in addition to understanding the
7 kind of ID mechanics as well.
B MINDY TARLOW: Just; not to pick up on
9 that, w ich I think was beautifully stated, but back
10 to your earlier question, one additional thought is
11 about t1e Department Probation, which, as you know,
12
13
14
is a
agency
se~tence in and of itself where people are going
for the ]first time; again, another really important
ir the community that might be a very, very
15 importanr, as we were saying earlier, passive site
16 that peoFle can go to directly to get a municipal ID,
17 because rheyre going to probation for other
1B services, and I think they're a very important agency
19 to engag and Commissioner Bermudez I'm sure would be
20 a really great active partner in this effort.
21 CHAIRPERSON MENCHACA: And really, in
22 kinda th.nking about the kinda mechanics of this, for
23 New York rs who are homeless, and really maybe can
24 you desc ibe just the process that you'd imagine;
25 someone oes into a mobile passive active site, they

'-
1 COMMITI'EE ON IMMIGRATION 72

2 apply, what's the time... the lag time; [background
3 comment] is it mailed; can you kinda describe a
4 little bit about what you're thinking on that?
5 MINDY TARLOW: Yeah, I mean the idea
6 would be that somebody comes into a site, passively
7 or actively, they sign up for the ID, they give their
8 paperwork, that then gets processed on-site, that
9 gets sent to the back end site for final processing,
10 and when the card is ready it does get mailed out to
11 their official address and we will be working with
12
13
14
experts in the field about how you get a card out to
somebody who doesn't in fact have a permanent address
and there, fortunately or unfortunately, is a lot of

15 expertise out in the field about that, whether it's,
16 you know finding folks who are in shelter or finding
17 folks who are transient and moving from one place to
18 another and we're very committed and have already
19 started some of those conversations about how best to
20 contact those folks who don't have a permanent
21 address.
22 CHAIRPERSON MENCHACA: And last, any
23 other questions ... Council Member Reynoso.
24 COUNCIL MEMBER REYNOSO: Hi again. When
25 we talk about housing, especially lotteries in

2 affordab e housing, a lot of times; actually, all the
3 time yo need to input your social security number,
4 you have to add your social security number and

'
5 unfortunttely many folks don't have social security
6 numbers hat in the City of New York are allowed to
7 apply, b t there's obstacles obviously in the way and
B that's o e of them. I've put in legislation to allow
9 for a ta identification number to be used in place
10 of socia security for an application, an affordable
11 housing pplication; what I'm hoping is that that
12
13
14
legislat on is obsolete or is not needed, because
these ID will work as an opportunity to apply for
affordab e housing for anyone that's a resident of
15 the City of New York. Do you think that that's gonna
16 be somet ing that, working alongside HPD we might be
17 able to ccomplish through this ID?
18 NISHA AGARWAL: So we are in conversation
19 with man agencies, including HPD, to understand, you
20 know, wh ther it's signing up for a lease where you
21 have to how identification or accessing different
22 programs, to ensure that the identification card is
23 accepted broadly across City agencies, so that's
24 certain!~ a commitment. One thing we won't be able
25 to chang~ with the ID card is what the rules and


2 requirements might be that are made at the state or
3 the federal level, so to the extent that there are
4 limitations imposed on that, that's not entirely
5 within our control, but whatever is within our
6 control we will of course wanna increase access to
7 the maximum extent possible.
9 Member Reynoso. And really, I just wanna clarify
10 something -- I'm just kinda reading the Twitter feeds
11 -- and that this card is not gonna be able to be used
12
13
14
for interstate travel; this is a municipal ID that
will work in New York City and really only in New
York City and that this card essentially doesn't

15 really... this card lives within the bounds of the
16 state and federal laws, [background comment] and so
17 do one of you wanna expand on that a little bit?
18 NISHA AGARWAL: Absolutely. There is
19 nothing about this identification card that will
20 break state or federal laws, it is a community-
21 building, it's an access-creating card for New York
22 City and that's some of what its power is, is that
23 it's a New York City card for New Yorkers; well, you
24 know, were we able to change the federal and state
25 laws, I would have a lot of ideas on that, but we

~~-----------------,----------- -------
2 are, fo
COMMUTEE ON IMMIGRATION
now, you know we have the power to do what

75
3 we can a the city level. [interpose)
4 CHAIRPERSON MENCHACA: [Spanish]
5 [laughte Okay. Well thank you so much; we're
6 gonna ge some other panelists up; [background
7 comment] thank you so much for your time and we look
8 forward o working with you.
9 MINDY TARLOW: Thank you very much.
10 CHAIRPERSON MENCHACA: And our next
11 panel, wrd like to call up Johanna Miller from New

12 York Civ 1 Liberties Union, Emily Tucker from Center
13 for Popu ar Democracy, Steven Choi from the New York
14 Immigrat on Coalition, and Miss Deyanira Del Rio from
15 the New conomy Project. Please come on up. And I
16 do wanna say that we had a couple Twitter questions
17 about la guage access and we asked it; this is from
18 Christin S. Chang, from the MinKwon Center; thank
19 you so m ch for saying that question, and really
20 continue,! if you wanna engage us, on #nyciD. Thank
21 you. AnJ we 1 re waiting for one more. Steven, can
22 you star,, please?
23 STEVEN CHOI: Sure.
24 CHAIRPERSON MENCHACA: Thank you so much.

25
2
STEVEN CHOI: Good morning; my name is

76

3 Steve Choi and I'm the Executive Director of the New
4 York Immigration Coalition, an umbrella organization
5 with nearly 200 member organizations.
6 On behalf of New York City's vibrant and
7 diverse immigrant communities, who continue to face
8 barriers in accessing government-issued
9 identification, we believe that the municipal ID
10 envisioned by this legislation, an ID available to
11 all New Yorkers, would go a long way to break down

12 the stigmatizing barriers for immigrants. My
13 testimony is informed by the New York Immigration
14 Coalition's experiences and the crushing consequences
15 of a lack of proper identification are a common theme
16 in our work. Time and time we've heard stories of
17 individuals who are not able to provide identity to
18 hospitals, of parents who cannot enter their child's
19 school and New Yorkers who cannot open bank accounts.
20 But we've also seen how strong policy can break down
21 these barriers. With the support of the City
22 Council, the NYIC was able to begin the Key to the
23 City Consular ID Initiative to work with the
24 consulates to provide over 19,000 New Yorkers with

25 services and nearly 13,000 people have stood in line
2 for hou to receive these critical identify
3 document These consular ID initiatives have not
4 the incredible need in immigrant
5 communit es, but have also provided a model structure
6 for enga ing partners in successfully reaching
7 diverse ommunities.
8 I also wanna emphasize today that the
9 best ID or immigrants will be an ID widely adopted
10 by non-i igrants. The muni ID cannot be a proxy for
11 undocume ted status; it should be a badge of civic
12 pride th t unites all residents, but it will only be
13 so if it is linked to a robust package of discounts,
14 privileg s and other benefits that will appeal to
15 everyone And to that end, we believe it will be
16 critical to establish a joint task force of the
17 Administ ation, City Council and community
18 organiza ions to bring this package to life. We must
19 also ens re that the application process is smooth
20 and secu e, that City agencies are properly trained
21 and abov all, the confidentiality of personal
22 document and information must be guaranteed. [bell]
23 In conclusion, we at the Coalition look
24 forward o working closely with the Administration
25 and the ity Council to make municipal IDs a reality

"T..,...-"~.~~.~-~-------~-----------------..,

2 and I know I cannot wait to get my own New York City
3 municipal card myself. Thank you.
4 CHAIRPERSON MENCHACA: I 1 11 be right
5 there with you. Thank you. Johanna.
6 JOHANNA MILLER: Hi, good morning. My
7 name is Johanna Miller; I'm the Advocacy Director at
8 the New York Civil Liberties Union, speaking today on
9 behalf of our 50,000 members statewide.
10 We are pleased to be here today to join
11 our allies in supporting the access that the NYC ID
12
13
14
15
promises to diverse New York communities, but in the
interest of time I'm gonna focus my comments on one
of our primary concerns, which is for the privacy of
applicants for the ID card.

16 We commend the City Council for designing
17 legislation that protects against the risks of
18 disclosure of applicants' private information to the
19 maximum extent possible. Closely linked with making
20 the NYC ID appealing to broad communities is the
21 City's promise that people's information will not be
22 entered into a database or shared with third parties.
23 The current language in the bill prohibiting
24 retention is the best way to guarantee this promise;

25 we applaud the Council for including that language.
2 These foundational documents are some of
3 the mos sensitive pieces of information that people
4 have -- assports, benefit cards, pay stubs, bank
6 school a tendance -- these are things that people
7 don't e n want disclosed to family members; it is
B essentia that the City takes the same care in
9 preservi g privacy.
10 Revelations about the NSA's domestic
11 spying p ogram and public outrage over New York State
12
13
14
Educatio
inBloom
Department's contract with data servicer
peak loudly to the public's wariness about
governme t abuse of privacy rights. So retaining the
15 document we think creates an unnecessary risk of
16 disclosu e. The threat is not abstract; as you
17 probably know, in New Haven the information about
18 people w o had the municipal ID was requested by
19 anti-imm grant activists who said they were gonna
20 turn it er to ICE; New Haven was able to defeat
21 that re st, but we think that the threat of
22 something like that actually defeats some of the
23 broad app al of the ID and could scare away potential
24 applicantf [bell] that the City needs to make this
25 program alsuccess.
I
So we fully support the work

2 you've put in to protecting confidentiality and we're
3 happy to continue providing our expertise in that
4 area.
5 EMILY TUCKER: Good afternoon and thanks
6 to Councilman Menchaca and the Immigration Committee
7 for convening today's hearing and for inviting me to
8 testify on this important issue. My name is Emily
9 Tucker and I'm a Staff Attorney at the Center for
10 Popular Democracy in Brooklyn, where I support state
11 and local initiatives to promote immigrant rights and
12
13
14
promote racial justice and economic justice.
One of the things I've seen over and over
again in the communities I work with is how seemingly

15 small changes in circumstances can lead to huge
16 improvements in the well-being of individuals,
17 families and whole cities. At CPD we look for
18 initiatives like this which often simply by removing
19 obstacles to basic goods, like health and security
20 that most of us take for granted will enable people
21 to live better, happier lives. Municipal ID is one
22 such initiative and I'm here today to voice my full
23 support and the support of my organization for this
24 legislation that would bring IDs to New York City.
25

2 Access to a widely-accepted form of ID is
3 a right, but increasingly in this country we treat it
4 as a pri ilege, a privilege that tends to go along
5 with oth r privileges of race, of class and of
6 citizens ip. Many of us take IDs so much for granted
7 that we on't even realize how much we rely on it.
8 OVer the last decade it's become increasingly crucial
9 to have D, increasingly difficult to get ID and
10 increasi gly risky to share personal information with
11 the gave nment agencies that issue ID; at the same
12
13
14
time, ID continues to gate-keep every aspect of life .
In response to this problem, a wave of
municipa ities across the country have enacted local
15 ID car p ograms, starting with New Haven, Connecticut
16 and now eluding San Francisco, Oakland, Richmond,
17 Los a in California, Asbury Park and Mercer
18 County i New Jersey, and Washington D.C. Campaigns
19 are also urrently underway in cities as diverse as
20 Phoenix, hiladelphia and Chicago. The programs in
21 these jur'sdictions take a variety of forms and have
22 a range o different features tailored to the
23 particula localities they serve; my organization has
24 researche all the existing programs and we've
25 identifie several key features that we believe will


2 be important for municipal ID cards to be successful
3 here in New York City.
4 The first of these is accessibility;
5 [bell] in order for a city ID to actually serve the
6 purpose for which it's designed, it has to be more
7 accessible than existing forms of state and federal
8 ID, and that means the application process has to be
9 clear and simple and the methods of proving residency
10 and identity in order to quality for the card must be
11 flexible. That doesn't mean verification of identity
12
13
14
and residency can't be robust, it just means the
program has to be designed to fit with the particular
circumstances of those in this City that typically

15 have trouble getting ID. The next piece is privacy;
16 I'm not gonna go into that, 'cause I think Johanna's
17 covered that very well, but we found that the cities
18 that have the most robust privacy policies -- San
19 Francisco being an example, and you'll hear from
20 someone from San Francisco later today -- tend to
21 have the highest rates of adoption. The last piece
22 is broad appeal -- as other folks have mentioned, we
23 don't want the card to become a scarlet letter where
24 an individual is assumed to be a member of one or
25 more vulnerable groups simply by virtue of being a

2 cardholder and the best way to avoid this is to

''
I
3 ensure th card appeals to and is adopted by as broad
4 a cross a ction of the population as possible; many
5 jurisdict'ons have done this-- Los Angeles and San
6 Francisco -- and the cards there are viewed as
7 legitimat~ and viewed as non-stigmatizing.
a The last thing I wanna say is that it's
9 crucial t all of the communities in New York City
10 that supp rt this card that the NYPD accept it, that
11 they view it as a legitimate way of proving your
12
13
14
identity and they accept it for the purpose of
issuing s mmonses.
Though there are many variables that can
15 impact th success of an ID card program, our
16 research haws that these are especially fundamental
17 and we' rei excited to see that the current draft bill
18 addresses; all of these points. We're lucky to be in

'
19 a positio to learn from the other jurisdictions that
20 have alre dy implemented municipal ID card programs
21 and we ha e a chance to make New York [cough] card
22 the best n the country.
23 CHAIRPERSON MENCHACA: Thank you, Miss
24 Tucker. ~iss Del Rio.
I
25
----~~'-~c-~--~------------CT------------~----~------------------------------~~------------------.

2 DEYANIRA DEL RIO: Thanks. Hi, good
3 morning...
5 DEYANIRA DEL RIO: thank you for the
6 opportunity to testify. My name's Deyanira Del Rio;
7 I'm the Co-Director of New Economy Project, formerly
8 NEDAP; we're an organization that works with
9 community groups around New York City to fight for
10 economic justice and to build a new economy that
11 works for all.
12
13
14
And I specifically want to address in the
proposal, which we enthusiastically support, some of
the issues around banking access; this is an area in

15 which weve done work for many years, working to hold
16 banks accountable to communities in New York City and
17 also working to eliminate barriers that immigrants,
18 young people and many others, including people in
19 communities of color face to accessing fair and
20 affordable financial services and you know, which
21 leave people not only vulnerable to high-cost and
22 predatory lenders and other institutions, but
23 actually blocks people from all kinds of other
24 economic opportunities by virtue of not having
25 banking or credit histories. Unfortunately, the

2 reality of that today without a banking and credit
3 history, it's increasingly hard to get housing, jobs,
4 insuran e, cell phones, and the list is growing,
5 thanks aggressive marketing by the credit bureaus.
6 The Cit Council is separately looking at a bill to
7 ban empl yment credit checks and that would at least
8 eliminat one of these unfair practices. But the
9 implicatons for being financially excluded are
10 really s vere and expansive and that's the point I
11 wanna rna e, it's not just about saving fees from
12
13
14
check-ca bing, it's really about economic access as a
whole.
We are really excited about the potential
15 for the unicipal ID to be a tool that the City and
16 New York rs and advocacy groups and organizers can
17 use top ess for accountable banking in the City and
18 to reall expand fair and affordable financial
19 services for all New Yorkers.
20 There is in my testimony lengthy, sort of
21 document tion that the City has put out regarding the
22 numbers f people who right now do not have any
23 credit u ion or bank account at all; it's somewhere
24 upwards f 800,000 New Yorkers that have no account
25 and that
~oesn't include many hundreds of thousands
I
,, ..,-

2 more that maybe have an account, but are still
3 relying on high-cost, you know fringe services,
4 [bell] predatory services to meet some of their
5 needs. So literally expanding financial access in a
6 meaningful way could literally put millions of
7 d~llars back in the pockets of low-income New Yorkers
8 and their communities and so it's a really, you know
9 qritical issue for that reason.
10 I am going to, in the interest of time,
11 just jump ahead a little bit into some of the
12
13
14
recommendations that we have to make sure that the ID
is an effective tool to promote banking access,
because as everyone knows, I believe up here that

15 lack of a government-issued ID is one of the major
16 impediments that people face to getting access to an
17 affordable, safe, regulated bank or credit union
18 account, so not having a government-issued ID, it's
19 not just immigrantSi it's all the other communities
20 that you've heard so far face these challenges. One
21 is that we would recommend that the City take into
22 account the federal banking requirements, including,
23 for example, under the Patriot Act, and design the ID
24 to meet those minimum requirements so that banks can
25 accept that ID card as sufficient government ID to

-------------------,------------------------------~~- --
2 open an
ccount, so the Patriot Act sets forth very

87
3 basic mi imum requirements -- name, address, a photo,
4 for exam le; a birth date, and then, critically, an
5 identifi ation number that's unique. And so making
6 sure the es a unique ID number on the cards will
7 hopeful! go far to making sure banks and credit
8 unions a cept that card. Second, we urge the City to
9 use its everage and its relationships with local
10 banks an credit unions to press them to accept the
11 ID not as a second or third ID, but as the primary ID
12 which mee s federal law, federal banking
13
14
15
requireme ts, as a primary ID to allow people to open
basic, af ordable savings and checking accounts.
we think hat the City has several leverage points,

And
16 including the New York City Responsible Banking Act,
17 which giv a the City the ability to evaluate how
18 banks are meeting community credit and banking need;
19 when the rity is deciding where to put its deposit.
20 And so th s, you know acceptance of the ID, service
21 to people who have the ID could be one way that the
22 City eval~ates banks under that law. We also think
23 that the 1ity could go a step further and do what we
24 understan San Francisco did, which is, in its
25 statute, 't requires all entities that do business

2
with the City to accept the municipal ID card, and so

BB
3 that's yet another kind of hook or leverage with
4 banks and others. And then finally, we would say
5 that we have anecdotally heard from some financial
6 institutions that they are already kind of viewing
7 the IDa little bit skeptically, thinking it's not
8 really a full... a true government-issued ID; it's
9 gonna be a little too flexible or they're saying,
10 well we'll accept it, but we're gonna develop a
11 special product for those people, and you know
12 unfortunately that ... for those that do this work, the
13
14
15
code there are, you know, inferior products, there
are like fewer products and services and you know,
things like pre-paid debit cards that aren't

16 federally protected and insured in the same way as
17 other banking services, for example and often have
18 really high and hidden fees for people. So we wanna
19 ask the City to make sure that institutions are
20 viewing the City ID as a true and full government-
21 issued ID; the ID is about unifying and really
22 expanding access, equal access for all New Yorkers,
23 it's not about creating separate and segregated
24 systems and products, so we would want to make sure
25 that the City has its radar up for that.

------------------------
2
CHAIRPERSON MENCHACA: Great. I'm gonna

89
3 pause you there; I just ... [crosstalk]
4 DEYANIRA DEL RIO: Okay. Okay, thank
5 you. Tha Was it.
6 CHAIRPERSON MENCHACA: I wanna... I wanna
7 make sure that we can ask some questions, and I wanna
B recognize our great PUblic Advocate Tish James who's
9 joined us no stranger to this body and this room,
10 but a fie1ce fighter for all New Yorkers, and I wanna
11 give you n opportunity to say a few words and to ask

12 a questio .
13 PUBLIC ADVOCATE JAMES: Good morning. I
14 wanna tha Immigration Chair, Council Member Carlos
15 Menchaca or inviting me to speak on the topic of New
16 York City Municipal ID Card Program.
17 Across the country a growing number of
1B municipal'ties have begun to issue municipal ID cards
19 to their esidents; these municipal identification
20 cards typ ,cally feature the photo and address of the
21 cardholde~. Although typically available to all
22 residents,! the cards are particularly valuable for
23 the most Ilnerable community residents, undocumented
24 immigrants, homeless populations and others who may
have diffi ulty obtaining and retaining other

25
-~,~"""'""~-
2
government-issued ID. As know, governmental

90
3 identification is needed to obtain access to servioe
4 most New Yorkers take for granted, like opening bank
5 accounts, access to financial services, leasing
6 apartments, entrance into certain governmental
7 buildings, and even sim~ly getting a library card.
8 Today over half-a-million undocumented New Yorkers
9 unfairly live in the shadows; it's now time that they
10 step out of the shadows, and I am pleased to hear
11 that this Council is considering.~ I am pleased to
12 hear that this legislation is being considered within
13
14
15
the Council and that the Administration has moved
forward with the Mayor's Office of Contract Services
to secure project management and quality assurance

16 services for the municipal ID application system, as
17 well as a company that would oversee the program. As
18 in the Office of Public Advocate, we also look
19 forward to making sure that that company, that there
20 is some oversight over that program and that company.
21 I would hope to further discuss specifics regarding
22 the procurement process, specifically how
23 registration data will be compiled and secured and
24 accessed both by the contracting company and that
25 individuals' information is safe. And I again thank

2 you for
he opportunity to speak on the proposed New

91
3 York Cit Municipal ID Card Program, but I want
4 everyone to know that the Office of Public Advocate
5 is a fri nd to all regardless of status and that we
6 support his initiative going forward and whatever we
7 can do i our capacity to ensure that there is equal
B opportun ty for all, the Office of Public Advocate,
9 the offi e of Letitia James, is here to serve. Thank
10 you.
11 CHAIRPERSON MENCHACA: Thank you Public
12 Advocate Tish James. And really with that note, I
13
14
15
wanna ha d it ... or direct my question to Johanna from
NYCLU an really understand how you envision
protecti g the privacy during the period in which the
16 City has explained to us that they're gonna take
17 informat n, the... well I guess I should just ... I' 11
18 leave it here. How did you feel like that's gonna
19 happen f m your perspective?
20
21
22
matter...
concerns
t JOHANNA MILLER: So as a threshold
understanding is that the City has
bout whether the people who are kind of the
23 storefront recipients of these applicants in order to
24 make it w'despread may not have the correct training
25 to be ablt to verify documents and so they need to
2
either scan them or retain them in some way to have

92
3 them-- like a two-step verification process. So as
4 a threshold matter, we don't think that that's a
5 legitimate reason to retain documents, we think that
6 that indicates, quite frankly, a troubling lack of
7 investment in proper training of those individuals;
8 we think if there is a tension between widespread
9 access and proper training, the City has to err on
10 the side of training, and that's not just a safety
11 concern with verifying the documents, but also, as
12 you raised yourself, a customer service concern; a
13
14
15
lot of the populations that are going to be best
served by this identification card have had
historically from interactions with many government

16 agencies, including HRA, and so I think they're
17 concerned that people won't be trained to verify a
18 paper document, whether it's true or not, to me
19 raises those secondary concerns about whether those
20 people will actually be trained to handle the many
21 different circumstances that people are going to
22 present and make sure that they have a dignified
23 experience. But as a secondary matter, we are not
24 yet convinced that scanning and retaining the
25 documents actually presents the right kind of

2
verifica ion, the means of verification at all; in

93
3 fact, ma y of the security features of these types of
4 document are security features that you can only
5 verify w en you have the document in your possession
6 and so s anning them... so things like embossed seals,
7 watermar s, things that even a high-quality scanner
8 are not oing to show, and so that two-step
9 verifica ion process, we haven't seen evidence yet
10 from the .City, we haven't had detailed conversations,
11 but I ha e not seen evidence that actually would even
12 work at 11 and in fact there are in-person
13
14
15
mechanic 1 verification methods that we would
encourag
some doc
the City to explore, like using UV lamps on
ents where the, you know, watermarks can
16 show up UV; we think that people can be trained to
17 do this rk and we think if that means that there
18 are sligh ly fewer of them, that's probably the right
19 path to g down.
20 CHAIRPERSON MENCHACA: Thank you. And my
21 next ques ion is to Miss TUcker, you mentioned really
22 the value of NYPD accepting this piece of
23 identific tion; can you just frame for us the value
24 and why i 's so essential for the NYPD to accept
25 this?
2
EMILY TUCKER: Yeah, I mean I think there

94

3 are a few communities that are represented in our
4 advocacy coalition that could speak to this
5 firsthand, but you know the ... just to give a basic
6 overview, undocumented immigrants are often afraid to
7 take advantage of law enforcement in their
8 communities because they worry that if they have to
9 present identification, that identification might tip
10 law enforcement off to their undocumented status and
11 that that could trigger a pickup by ICE or their

12 personal information being submitted to ICE and
13 consequences not only for themselves and their family
14 members and that has huge consequences we 1 ve seen in
15 the domestic violence advocacy circle, many, many
16 examples of individuals who are suffering from
17 domestic violence and fear going to the police
18 because they don't wanna bring to light their status
19 or the status of the.ir family members and there
20 actually have been incidents where individuals have
21 gone to the police in cases of domestic violence and
22 have ended up in deportation proceedings. So that's
23 one example and the other example would be the, for
24 example, homeless individuals who often don't have

25 current forms of identification and will be, you
2
know, th y'll be in the subway and have their feet on

95
3 the seat and it's 3 a.m. and the cops are doing
4 sweeps a d aren't able to present a valid form of
5 identifi at ion for the purposes of getting a summons
6 and so t ey end up having to spend the night in jail.
7 So those are some of the examples and it's really,
8 really c cial for NYPD to accept the ID.
9 CHAIRPERSON MENCHACA: Thank you Miss
10 Tucker. ext question from Council Member Reynoso.
11 : COUNCIL MEMBER REYNOSO: Thank you, This
12 is to Mr.lChoi. You specifically talked about
13 incentive, and discounts; are you saying that maybe
14 we get 10 percent off at Macy's for getting this
15 card; is hat what you 1 re implying_, [crosstalk]
16 STEVEN CHOI: Think we rely upon you as
17 Council M mber to make that happen.
18 COUNCIL MEMBER REYNOSO: [laugh] Well, I
19 do want t see if you've thought of any creative ways
20 that you hink... [interpose]
21 STEVEN CHOI: Sure.
22 I COUNCIL MEMBER REYNOSO: you can make
23 this popu}ar and make it attractive to folks and
24 speak to the discounts or incentives that you were
25 talking atout.
2
STEVEN CHOI: Absolutely. So as I stated

96

3 before in my testimony and as you see in the written
4 testimony, we think that this package of potential
5 benefits is going to be the most critical thing. As
6 I said before, the best thing for immigrants about
7 this card is to make sure that non-immigrants are
8 taking advantage of it, and that is gonna be
9 absolutely critical to dealing with the issue of
10 avoiding this being a scarlet letter. And so what I
11 would say is, as I mentioned earlier, we should

12 establish a joint task force, get the Mayor's folks
13 to come together, get the City Council to come
14 together, and this broad network of nonprofit
15 organizations, this robust network that we have here
16 in New York City, get our minds together and lets
17 think together strategically and creatively. If we
18 think about it, there is a whole range of benefits
19 that could be... that we can make eligible through this
20 card discounts to restaurants, discounts to
21 Macys, although I don't shop at Macys, I don't have
22 enough money to shop there, but really thinking
23 through all the different ways in which we could
24 connect it up. We could connect it up with... and this

25 is just some brief brainstorming, but we could
2 connect
t up with a restaurant week, we could

97
3 connect t up with the City Bike system, and this is
4 all just sort of brainstorming that we're thinking
5 about. rocedurally we should create a joint task
6 force; I think we should actually build it into the
7 bill, wh re we talk about brining these folks
8 together so we're not doing this in a haphazard way,
9 but in a thoughtful and careful and strategic way
10 where we are identifying not only what's best for
11 immigran s, but also what's gonna attract citizens
and gree1 card holders and students to all say, I
12
13 want thi, bill as well. So ultimately, at the end of
14 the day, lthere should be this robust package of
15 benefits ~hat every single person in this room should
16 say, the'Fs something in it for me.
17 i COUNCIL MEMBER REYNOSO: Thank you.
18 CHAIRPERSON MENCHACA: Okay. Well with
19 that I th nk... I wanna thank you for being on this
20 panel; we're gonna hear from so many other New
21 Yorkers at'd we're gonna continue our conversations.
22 Thank you for being engaged in this process up until
23 this pain we're gonna continue. So thank you so
24 much. [b ckground comment]
25
2
our next panel we call up Jason Chang

98

3 from the National Federation of Community Development
4 Credit Unions, Jeong Ming Yu [sp?) from the MinKwon
5 Center, Linda Sarsour from the Arab American
6 Association of New York, and Esther Sanchez from
7 Faith in New York. Please make your way up to the
8 table. [background comments] [Spanish] 01:46:16 ...
9 [interpose]
10 ESTHER SANCHEZ : [Spanish] 01:46:17
11 CHAIRPERSON MENCHACA: [Spanish) 01:46:21

12 Can we have a translator, please?
13 MALE VOICE: [Spanish] 01:46:28
14 [interpose]
15 CHAIRPERSON MENCHACA: (Spanish] 01:46:31
16 ESTHER SANCHEZ: [Spanish] 01:46:32
22 SPANISH TRANSLATOR: So I 1m going to
23 translate and it says, "My name is Esther Sanchez, I
24 living in New York for more than 15 years, a mother
25 of three autistic children and because of the

2
diagnost c or the condition of my children I have to

99
3 take the constantly to the hospital and on various
4 occasion , because I didn't have an ID, my children
5 were not attended at the hospital and I've had to
6 come bac to my house really worried that something
7 bad caul happen to my children because they didn't
8 receive edical assistance that day. Also, when I go
9 to my ch'ldrens school they also ask me for an ID to
10 be able o get in and in various occasions I showed
11 them my onsular ID, the ID from my country and I
have bee discriminated and rejected and I have to
12
13 always, u know be going through very difficult
14 times an~ I don't wanna go to my children's school
15 because rl don't feel accepted there. So for me this
16 ID will c nge my life because as a mother I have
17 experienc d discrimination and having a municipal ID
18 in New Yo k is really important for me and for a lot
19 of motherr that are in my same situation; it will
20 take me oft of the shadows and I would be able to
21 live with' tranquility and peace. You know, after so
22 many year of living here I will finally feel that
23 I'm a par of this city.
25
.-~ .
2
CHAIRPERSON MENCHACA: Thank you.

100
3 [background comment] Mr. Yu.
4 PUBLIC ADVOCATE JAMES: Good morning
5 Council Members Menchaca and other council members.
6 Thank you for this hearing and the opportunity to
7 share my experience and my thoughts on the municipal
8 ID program.
9 My name is Jeong Min Yu and I am a member
10 of the MinKwon Center for Community Action. I'm
11 going to hold up my green passport and then just tell
12 you about a recent exchange at a Home Depot while
13
14
15
returning an item.
your ID?"
The Home Depot rep had said, "Can I see
And I said, "Yeah, here you go." And then

16 he said, "I'm sorry, but we can't accept this." And
17 then I said to him, "Why?" And he says, "We can only
18 accept U.S. Government IDs here. 11

And I was like,
19 "It's a Korean Passport, it's from Korea." And he
20 said, "Sorry," you know. And so as I walked away I
21 heard another worker say, probably mockinglyi
22 sarcastically, 11 You know, if you're in America you
23 should have your American ID." And than I shot back,
24 "You know, not everybody can be an American citizen,"
25 sad but true. And so nonetheless, my passport is my

2 only sol~
documentation of the journey from Korea 33

101
3 years ag and I was born in Seoul and brought to the
4 States at the age of 1 and my family moved to New
5 York whe I was 8; I went to Mark Twain and
6 Stuyvesa High School and went to college and
7 graduate cum laude. Even with all this, when
8 it comes o being an actual person in the eyes of the
9 law, I co tinue to live in the shadows. I 1 ve aged
10 out of th Deferred Action Program by one year and
11 have not een able to drive, work and travel like my
12 younger s ream of [sic] peers; they now have a valid
13 U.S. ID w ile I still do not.
14 Experiences like the one at Home Depot
15 leave me ondering, what can be done for the people
16 like me, ndocumented immigrants without other forms
17 of ID or ven international students who might be
18 relying o foreign passports as their sole means of
19 governmen -issued ID? Banks, post offices and even

'
20 rental prtperties can and do ask for secondary forms
21 of IDs, b t our very limited options basically
22 imprisonslus and our existence in the real world.
23 [bell] T is municipal ID program would rectify some

i
24 of the prfblems I face as I continue to live in this
great citf for another, 10, 20; 30 years. While so
25
----- "*-If'"~""''"''
2
many of us wait for Congress to act, I hope you do

102

3 pass Int. 253 now, and not just for me, but for the
4 other immigrants who have just arrived or who have
5 been listed as Deferred Action Program, not to
6 mention for the entire immigrant community who every
7 day and in every way wishes to contribute to this
8 great city. Thank you.
9 CHAIRPERSON MENCHACA: Thank you. Next,
10 please.
11 JASON CHANG: Good morning. My name is

12 Jason Chang and I'm with the National Federation of
13 Community Development Credit Unions. The Federation
14 is an association of community development credit
15 unions with more than 250 members across the country,
16 serving over 2.5 million members in urban and rural
17 settings. The Federation works to support member
18 credit unions in their mission to serve under-served
19 populations while complying with Know Your CUstomer
20 rules and other existing regulations. Community
21 Development Credit Unions, or CDCUs, are in a unique
22 position in the financial sector because they work
23 with immigrants, low- and moderate-income populations
24 and historically under-served communities. As such,

25 CDCUs have an extensive experience working with
2 alternat
forms of ID, such as the Matricula

103
3 Consular. However, while some national consulates
5 may not lways be able to obtain passports or IDs if
6 they do t have immigration status and may be
7 o pay hundreds of dollars for services that
B they t necessarily afford. A municipal ID can
9 help rem e these barriers for immigrants and expand
10 access b~ providing a government-issued ID that all
11 New Yorkefs can use and CDCUs and other financial
'
12 instituti~ns can accept to open accounts and provide
13 other nee ed services. The Federation believes in
14 equal ace ss to financial products and services and
15 therefore wholly supports the efforts to introduce
16 municipal IDs that can help immigrants and all New
17 Yorkers e tablish banking accounts. We look forward
18 to workin with the City Council and a membership to
19 expand an maximize access to financial products and
20 services tnd we thank you for the time and the
21 opportuni y to speak on this important issue.
22 LINDA SARSOUR: Okay. So thank you,
23 Council M mbers for having us here today. My name is
24 Linda Sar our and I'm the Executive Director at the
25 Arab Amer can Association of New York and I'm here to

2
wholeheartedly support the creation of a New York

104

3 City identification card for all New Yorkers. The
4 key here is to ensure that this card has broad appeal
5 to the pastor in Staten Island, the transgendered
6 teen in Queens, successful business owner in the
7 Bronx and the undocumented mom from Brooklyn. Any
8 New Yorker should be proud to carry this new ID; we
9 want to ensure and stress to the New York City
10 Council and Mayor de Blasia that this does not become
11 a scarlet letter. In order to avoid this we call on

12 the New York City Council and the Mayor's Office to
13 pool their resources to implement a robust outreach
14 and marketing campaign that leverages the power and
15 deep routes of ethnic and community-based
16 organizations, chambers of commerce to reach the
17 widest possible audience. A comprehensive media
18 marketing campaign will also need to be a top
19 priority and we hope the Council will commit those
20 resources. We envision this card as the key to New
21 York City, exploring opportunities with museums,
22 other tourist sites, City Bike rental, libraries are
23 just some examples of the potential of this card to
24 appeal to every corner of New York City. We recommit

25 to working with members of the New York City Council
2 and the
ayors Office to foster the relationships

105
3 needed t make this a multi-purpose ID. We believe
4 that the aesthetics of the card are important and
5 appealin to a broader base. Ideas around using the
6 Statue o Liberty or other landmarks as part of
7 making t is a New York City centric functioning
8 document that also acts as a memento of who we are
9 and whal we represent as New York City. This card is
10 long ov rdue in a city like New York; I know we have
11 a lot o support in the New York City Council and

I
12 from ou~ Speaker and Mayor; since we're gonna do it,
13 let's d it big and let's do it right. Thank you.
15 Miss Sa sour for testifying, and thank you all for
16 coming oday to talk about your experiences of really
17 all New Yorkers and particularly I wanna ask Mr. Yu
18 to talk a little bit more about the relationship and
19 somethi g we talked earlier about, language access
20 and how language access is such an important
21 compone t and what that means to you on the ground,
22 underst nding it through differe~t programs that
23 you've lready been engaged in?
24 JEONG MIN YU: My parents, they own a
25 grocery store and even though they've been here like

2
COMMITTEE ON IMMIGRATION 106
30 years, their English is, you know, somewhat basic...

3 you know, my English is great 'cause I've been raised
4 here and it 1 s_. I think the issue of language access,
5 especially for Korean immigrants, is just so key,
6 because some of these are international students and
7 you know, it does take some time, especially when
B they come as teenagers, to learn the language
9 basically to move about and stuff like that. I think
10 for them and for all the Asian immigrants and, not
11 just Asian immigrants; Latino immigrants and

12 everybody else, that we have programs to actually
13 benefit them and you know, even for this Deferred
14 Action Program, which I am not a part of right now, I
15 hope that they could actually take part in it and get
16 their own program and even for this ID, I think that
17 would be the right step and to just understand what
18 it entails and to move forward. And especially for
19 educational purposes, when going to college and
20 getting jobs, I think that would be such a huge
21 benefit for them and I think that 1 s what we need to
22 push for as well.
24 JEONG MIN YU: Thank you.

25
2
107
And I have another
3 question [Spanish] 01:58:29. And then, just to
4 translat , I asked a little bit about the
5 relation hip, about her and.. she talked a lot about
6 in her t stimony her relationship with her school and
7 agencies but really on the police side, how she
B could fe 1 a little bit more secure and safe in
9 talking o the Police Department, for example.
10 ESTHER SANCHEZ: [Spanish] 01:59:12
11 SPANISH TRANSLATOR: So as an immigrant
12 it's te ifying to go to a precinct and report
13 because you're afraid that they're gonna
14 arrest u or you're gonna get deported.
17 SPANISH TRANSLATOR: One time I was
18 talking to my husband on the phone, he was a block
19 away, of nowhere he stopped talking to me, I
20 later stopped by the police and
21 he was estioned and he was taken in to the precinct
22 because he did not have identification, so the next
23 morning I had to go and look for him; it was a

I
24 terribll experience because I had not ... I did not know
25 what ha happened.
1 COMMITTEE ON IMMIGRATION
CHAIRPERSON MENCHACA: [Spanish]

lOB

2
3 02:01:21. Council Member Reynoso.
5 COUNCIL MEMBER REYNOSO: My question is
6 for Linda; how are you, first? Speaking of being in
7 New York and going big, I think that's extremely
8 important and it not being a scarlet letter; do you
9 think... So originally in the beginning we keep
10 speaking about who we think are gonna be the people
11 most attracted to this card; what place do CBOs like

12 yours have in ensuring that they can get broad
13 support from their membership and even further than
14 that; do you feel that you play a role outside of the
15 City of New York's work in regards to what they need
16 to do? What role do you think you could play in
17 helping with the marketing?
18 LINDA SARSOUR: Thank you for that
19 question and I think that's actually, for me
20 personally, it's the critical point that we have to
21 really clarify here. If we wanna make this broad
22 appeal, I'm all a~out using existing resources, like
23 the Human Resources Administration, but to be honest
24 with you, let's be serious; the Human Resources

25 Administration has a stigma behind it as an agency
2
that pro ides services and support to low-income New

109
3 Yorkers, so if we wanna appeal to the Upper West

I
4 Side, iflwe wanna appeal to the people in, you know
5 Greenpoipt, Park Slope, you know this kind of ... you
6 know our allies and others in the community, we need
7 to make ure that we're providing access points to
8 people t at don't wannabe part of that stigma. And
9 the role of community-based organizations is multi-
10 faceted.! First of all, we represent organizations

I
11 where y of us are multi-lingual, multi-cultural,
12 we unde stand how to work with our people, and I
13 think t at that's why I'm talking about a very robust
14 campaig , similar to that of UPK; I mean there was a
15 lot of ~esources and marketing around universal pre-K
16
17 ortant to ensure that while we're trying to
18 get our kids into a pre-K program, that their parents
19 are not barred from going and being part of their
20 educati nal experience because of lack of documents.
21 I think 'our role could be as._ doing education, doing
22 worksho s, helping to be part of a committee to look
23 at the ranslation materials around the marketing;
24 there's a lot of roles for ethnic-based
25 organiz4tions, for the faith-based community, for the

--- -
- -
---~~--~---
-
2
financial institutions, for the credit unions, and I

110

3 think the idea here is, how do we use this as a time
4 in a new administration to build relationships with
5 all the sectors -- government, private, nonprofit.
6 If we can't do it on municipal IDs, then we're gonna
7 be in trouble in the future on future initiatives.
8 So I think that's a conversation to have about how we
9 can ensure that this is not a scarlet letter, that it
10 is not only attractive to the undocumented and to the
11 homeless and to transgender and the LGBT community,

12 but it's something that every single New Yorker --
13 basically, if you are a cool New Yorker and you're a
14 real New Yorker, you're gonna have a municipal ID,
15 and that's the kind of theme that we hope this
16 initiative does.
17 COUNCIL MEMBER REYNOSO: Thank you.
18 CHAIRPERSON MENCHACA: Thank you Miss
19 Sarsour and I think We can put a #coolfactor on that ...
20 on that piece of testimony. [laughter] But thank
21 you for that, and really thank you for everyone who's
_22 testified. We're gonna move on to our next panel
23 now, and we have [background comments] folks from
24 other jurisdictions; I wanna call Mr. John Lugo from

25 New Haven to the table, and we have two folks on the
2
phone... [ ackground comment] and we're gonna have John

111
3 Luge go irst, or are we ready... [background comments]
4 Great, thank you so much. We're gonna to with John
5 Luge fir t, who's here, and we'll be testifying from
6 New Have ; this is a panel we've asked and we've
7 compiled from other jurisdictions to give us their
8 perspect've. Thank you so much for being here, Mr.
9 Luge. d when you're ready you can begin.
10 JOHN LUGO: [background comment] Okay.
11 My name is John Jairo Luge; I am the founding member
12 of Latina en Accion, a grassroots organization
13 in New Haven, Connecticut. At that
14 time, i igrant workers came together to seek a
15 but the bill was defeated in the
16 Connecti ut legislature. After that defeat, we
17 to create a platform of policies to make New
18 odel city for the integration on new
19 immigra in the social fabric.
20 One of the most innovative ideas was the
21 creatio of the municipal ID card. The reasons were
22 clear, e did not have a driver license, but we still
23 need th ID. Many of our members were detained by
24 the pol"ce for simple traffic violations or the
police eport refused to release them for several
25
I
I
-- -~----~..~.~.-------~-~-~------~-~-------~
2
days because they could not produce an ID. Without

112

3 an ID, many immigrants could not open bank accounts
4 and they were targeted by criminals as walking ATMs
5 because they carry cash. In 2006 one of our members,
6 Manuel Santiago Vasquez was murdered during a robbery
7 and we could no longer stay silent. We created
8 alliances with other organizations in the city, we
9 went to Junta for Progressive Action; the Director,
10 Kica Matos agreed to work with us in this platform.
11 We met with the Mayor, John DeStefano, and he was

12 open to the idea; he recruited the Yale Law School
13 for the legal research. They found the municipal ID
14 could not contra... doesn't contradict the federal or
15 state law. Mayor DeStefano convinced different
16 sectors of the city to support this project. The
17 Board of Aldermen held several public hearings and
18 people from different neighborhoods came in support
19 of the proposal, others questioned the idea [sic]
20 anti-immigrant and nee-Nazi groups came from outside
21 of New Haven to attack the city; they sent hate
22 emails and death threats to the city officials.
23 These groups tried to rally the African American
24 community against the immigrant community, they
25 passed out flyers saying that immigrants were the

2
cause of African American inequality [bell); however,

113
3 African ericans saw the immigrants were suffering
4 the same! attacks as they have suffered in the past
5 and the came out in support of the ID card; that's
6 how the card of Aldermen ended voting 25-1 in favor
7 of the I card, becoming the first city in the nation
B to creat this initiative. Two days later, Federal
9 Immigration agents came to the city of New Haven and
10 raided e homes of immigrants and detained 29
11 people. confirmed through a lawsuit that
12 this IC raid was an act of retaliation against the
13 city. the raid diverse sectors of the
14 city rna ched to denounce the raids -- immigrants,
15 AfricaniAroericans, Puerto Ricans, Jews, people of
16 faith a d city officials -- they also raised the
17 money t free all these brothers and sisters who were
18 detaine A few weeks later, when New Haven began to
19 issue t e ID card, thousands got online and get the
20 documen~; they were not just Latinos, because people
21 saw the 'ID card as a way to integrate a society that
22 was seg egated and divided. Since then, more than
23 10,000 eople have applied for the ID.
24 The advantages are clear, many people can
25 now open bank accounts, so they are not targeted by

2 criminals.
The relationship with the police has

114

3 improved because now we are citizens of the city of
4 New Haven. People coming out from jail who had no
5 documents can apply for the ID card and now they can
6 integrate into the social fabric. High school
7 students, now they have an ID. We're one city,
8 united we stand, divided we fall. Thank you.
9 CHAIRPERSON MENCHACA: Thank you Mr. Luge
10 for that testimony and so much of what you're talking
11 about is alive and well in New York City and is at

12 the base of what we're trying to do here, so thank
13 you so much for your testimony. What we have...
14 (background comment] And so, thank you so much.
15 We're gonna go_. you can stay here at the table; we're
16 gonna... we might have some questions for you. We have
17 Mr. Eric Mar?
1B ERIC MAR: Yes it is.
19 CHAIRPERSON MENCHACA: Mr. Mar, thank
20 you. Can you please identify yourself; we're gonna
21 give you a couple minutes for testimony; I know
22 you're calling from San Francisco.
23 ERIC MAR: Yes; my name's Eric Mar; it's
24 MAR; I'm a member of our Board of supervisors in

25 San Francisco; I represent District 1, which is Ocean
-----r--------------,---~--- '""-
2
Beach a d Golden Gate Park, for those New Yorkers

115
3 that do 't know where it is. [sirens) I've been on
4 our Boa d of Supervisors since 2009, when we first
5 impleme ted our San Francisco municipal ID card; I am
6 one of 1 members of our Board of Supervisors. Way
7 back in 2007, when many other parts of the country
8 were fa ing immigration raids, ICE raids, San
9 Francis o had a group of grassroots, mostly Latino,
10 immigra t organizations that came together to discuss
11 the nee for bringing people out of the shadows,

12 giving ignity and creating more public safety for
13 the imm'grant communities; they brought this issue to
14 the Boa d of Supervisors; Supervisor Tom Ammiano, at
15 the tim he's now a State Assemblyman, took the
16 legisla ion with others on our Board; they strongly
17 champio ed it; we planned it for quite a while, about
18 a year- nd-a-half. Part of the challenge was, our
19 mayor a the time, Gavin Newsom, who's now our
20 Lieuten nt Governor, was more lukewarm on the issue,
21 but our Board of Supervisors and a grassroots
22 coaliti n from the immigrant community pushed hard
23 and the really tried to frame it as, not just for
24 immigra ts or undocumented people, but for homeless

25 people nd low-income youth or seniors that needed a
--.,.
2
sense of legitimacy and also to be able to talk with

116

3 the police to report crime, so it was about framing
4 it for increasing civic engagement for vulnerable
5 populations, not just for immigrants. We implemented
6 it in January of 2009; it really took a strong push
7 from our immigrant community organizations through a
8 network called The San Francisco Immigrant Legal and
9 Education Network, or SFILEN, and I think some of the
10 challenges at the time also were broad public
11 education, countering the media's framing in an

12 environment in 2008 [bell] and 2007 of anti-immigrant
13 sentiment, but to frame it as, it's about public
14 safety for immigrant communities and for everyone,
15 and it was about better access to service for
l6 vulnerable populations as well. We have about 40,000
17 ID cards right now; I... or no, 20 ... 20,000 right now in
18 our City of 800,000 people; it's been about 4,000 per
19 year and they're heavily from the Latino community,
20 though it's a diverse population of people that have
21 ID cards. It cost us about $828,000 to set it up in
22 the first year and part of that was buying the
23 expensive machines that were laser-etching that could
24 create a document that could prevent fraud, and I

25 think there have been no incidents of fraud reported
2
in San F ancisco, so the fear of easy illegal

117
3 activit are not true, there's no incidents of fraud
4 within O!Ur city that we know of. The card..
5 [interpqse, crosstalk]
6 CHAIRPERSON MENCHACA: Supervisor Mar...
7 ERIC MAR: also costs $15 per person, but
8 if you' e low-income and you could verify that, it's
9 $5.00 p r card and we do not ... or, if used for many
10 service like New Haven and other places, as a step
11 towards opening up a checking account or a banking
12 account with our Bank on San Francisco, which other
13 cities se as well, there are 40-50 businesses that
14 allow d'scounts or other benefits from using the card
15 and I t ink there's still a broad community of
16 support from the nonprofits and community-based
17 organiz tions that support this in addition to our
18 whole c ty government, so all departments are
19 suppose to acknowledge this card. There were
20 initial !challenges with the police department that,
21 [backgr und comment] in speaking one of our police
22 commiss oners in San Francisco, Angela Chan, who
23 served eally with a focus on protecting the
24 immigra t communities on the Police Commission, but
25 she said that at different times police would


2 confiscate the card from someone or they wouldn't
3 know what it is, so we've had to do a lot of broad
4 education with our police department, with our police
5 chief and others to make sure that the law is
6 followed in San Francisco and that the card is used
7 as a key identification purpose whenever somebody
B wants to report crime or even if you get in a fender-
9 bender. There are some challenges right now also
10 when a car is impounded and somebody needs to get
11 their car back as well. But I think overall, for

12 increasing public safety, expanding access to low-
13 income and immigrant people to services, from health
14 care to other types of services in the city, that
15 it's been a wonderful addition to our city and at a
16 fairly low cost to our city, but really expanding
17 civic engagement and bringing people out of the
18 shadows so that they have legitimacy and a feeling of
19 unity in being a san Franciscan.
21 for that testimony. And we're gonna keep you on the
22 phone for a couple minutes; we have a couple
23 questions for you; do you have a couple more minutes?
24 ERIC MAR: Yes I do.

25
2
CHAIRPERSON MENCHACA: So my first

119
i
3 qu~stio1 is, in really understanding the issue of
4 prl.vacy, how has San Francisco ensured privacy for
5 your re idents throughout this program?
6 ERIC MAR: Yeah, I think that's a great
7 questio I think for these municipal ID cards, the
B verific tion first of using of the documents to show
9 that yo~ ~re who you are and that you have resided in
10 San Fra~c~sco for over 15 days has been a challenge;
11 we've... ctually, before I get to privacy, we've shown
12 some fl xibility in how to document that you live in
13 San Fra cisco and you are who you are; we also allow
14 nonprof't organizations, legitimate nonprofit
15 organiz tions, to write a letter to verify that a
16 person s who they are and has been living here for a
17 period f time to show residency. So that's another
18 flexibi ity, because often people weren't able to
19 produce the documents that our County Clerk that
20 verifie everything could use. But none of the
21 informa ion that you show for validity is kept by our
22 County lerk, so that's a key part of, I think
23 protect ng privacy. Also, even Supervisor Ammiano at
24 the tim went through the line to get his municipal
25 ID, and he kinda jokes about it in some ways as well;


2 again, he's a State Assemblyman now, but even he
3 could not provide, when we first implemented it in
4 January of 2009, enough evidence to show that he ~as
5 a resident and who he was. So we've had to deal with
6 the challenges of verification, but we've been
7 flexible. And I think the challenges in setting this
8 up were protecting people's privacy and I know our
9 current Mayor Ed Lee, who was a city administrator at
10 the time, and our police department and many
11 departments really developed a system that is

12 protecting the privacy of especially undocumented
13 people so that no information is reported to the
14 Department of Homeland Security or ICE and that
15 people feel absolutely secure that they could provide
16 the information to get the ID card.
18 There's two quick questions and then... actually, three
19 quick questions, if we can keep them brief; is the
20 confirmation that the SFPD was not part of the
21 creation and implementation of the card program; is
22 that right?
23 ERIC MAR: Actually, I'm not sure. I
24 know that our Police Chief, Heather Fang at the time,

25 there were some challenges in the beginning, but
2
there is a departmental memo from the police chief to

121
3 the department after long meetings with the city
4 leadership so that the police know that they're
5 supposed to comply with and to accept the use of the
6 card. I know there are some exceptions that the... if
7 the police reasonably see that there might be fraud
a involved, but again, there's been on incidents of
9 fraud; they don't have to accept the ID card. But I
10 think in the early days there were some police
11 officers that were confiscating ID cards, but I think
12 with broader education from our Immigrant Legal
13 Education Network and work with the police that we've
14 cleared up a lot of that confusion about the use of
15 the card. But we'll try to get a copy of the
16 directive from the police chief to the department on
17 how the card is supposed to be accepted by the police
16 as a department.
19 CHAIRPERSON MENCHACA: Thank you. And
20 the next question is about how San Francisco allows a
21 designation of gender on the municipal IDs?
22 ERIC MAR: So San Francisco has a strong
23 tradition of equal rights for everyone, including
24 transgendered people; our card does not designate
25 gender at all, and I think it was specific to be very


2 inclusive to use the card so that transgender people
3 didn't have to be in a situation of having the card
4 questioned by people. So I think that was a key part
5 of our promotion of dignity and civil rights for
6 everyone.
7 CHAIRPERSON MENCHACA: Thank you. And we
8 have one question from Council Member Cabrera.
9 COUNCIL MEMBER CABRERA: Thank you, Mr .
10 Chair. My question is in reference -- I just wanna
11 understand it right it is about $50, the cost per
12
13
14
card in the economy of scale; is it $50 per person
and how many people again do you have in San
Francisco that are using the ID?

15 ERIC MAR: Thank you. It 1 s not $50; it's
16 $1.5, one, five ... [interpose]
17 COUNCIL MEMBER CABRERA: Okay.
1B ERIC MAR: $15. San Francisco has aboUt
19 800,000 people, though our population doubles or
20 triples during the workday, with many people coming
21 into our city, and there are 20,000 cards issued,
22 about 4, 000 per year and the card is ... it lasts for
23 two years and then you have to renew the card.
24
25

2
COUNCIL MEMBER CABRERA:

123
So that's ... just
3 to be clear, the $15 is what people pay or is $15 the
4 cost ... is your cost as a city?
5 ERIC MAR: It costs the person $15. And
6 what... is there a cost to the city at all? How much
7 you're spending [interpose] or did you RFP this out
8 and there's a private entity involved in this? How
9 is that working out?
10 ERIC MAR: No, it's our City Clerk's
11 Office that administers it. I think it costs roughly
12 the amount that it brings in, so it costs us about
13 $200,000 a year and I think the fees are roughly paid
14 for by that $15 fee. And again, there are $5.00,
15 low-income cards issued and then, there are many
16 homeless people in the city that utilize the card and
17 the fee is waived if you could verify that you are
18 homeless as well. So my understanding is there are
19 hundreds of cards that are for homeless people that
20 provide dignity and bringing them out of the shadows
21 as well.
23 much.
24 CHAIRPERSON MENCHACA: Our next and final
25 question is from council Member Reynoso.

2
COUNCIL MEMBER REYNOSO: Hi. I just

124

3 wanted to ask if there 1 s any advice you would give us
4 to expand on participation? You said 20,000 folks
5 have it out of 800,000; that seems like a low number;
6 what would you have done different to allow for that
7 number to be larger?
B ERIC MAR: I think that's a great
9 question. I think one of the challenges, when we
10 first implemented, was an anti-immigrant sentiment
11 and a budget crisis that was going on. I think
12 funding, not only your city's immigrant commission;
13
14
15
we have an Office of Civic Engagement and Immigrant
Affairs with a director and staff; we have an
Immigrant Rights Commission; we have a network of

16 immigrant rights organizations. I used to be the
17 Director of our Immigrant Rights Coalition in the
18 city in the 90s, but we have a SFILEN network that._
19 our city does some funding for outreach for language
20 access and lots of other needs and services, but I
21 think cities' funding capacity in immigrant
22 communities with the nonprofit organizations and
23 raising awareness early on is important. I think a
24 big blitz with media to frame it not just for
25 immigrants but for everyone, to improve public safety

I~--
2 and civi
engagement is really critical.

125
I think at
3 the time we implemented ours there was an anti-
4 hysteria; we had minutemen, right-wing,
5 anti-i igrant minutemen coming to protest at city
6 hall, b it was a climate that was different than
7 what yo have. We also had a mayor that was not that
8 support' e, Gavin Newsom, and immigrant communities
9 had to rganize like crazy to push it forward with
10 our sup art of city council I think the vote was
11 10-1 at our city council to support it, so there was
12 near un nimous support. But having Mayor de Blasia
13 and you City Council Chairman and Councilman Dromm
14 and Lan er and Menchaca and so many others of you
15 support ng it I think is a big, big plus for you.
16 CHAIRPERSON MENCHACA: Thank you
17 Supervi or Mar, and thank you for your time and we
18 look fo ard to continuing to work with you and
19 follow p on some of the things we brought up during
20 this te timony. Thank you and we'll talk to you
21 soon.
22 ERIC MAR: Thank you.
23 CHAIRPERSON MENCHACA: Okay.
24 ERIC MAR: Bye.
25
2
CHAIRPERSON MENCHACA: Thank you. And

126

3 Mr. Luge -- Does anyone have any questions for
4 Mr. Luge? I mean I don't know if there's anything
5 that you've heard, but clearly there's [bell] a
6 kinda.. a over-arching theme to the way that all these
7 programs have kind of been rooted and it's just great
8 to hear from you and New Haven as the first; it was
9 not easy and now we're here in New York, so just
10 thank you so much for your testimony today.
11 JOHN LUGO: Thank you very much.

12 CHAIRPERSON MENCHACA: And so we ' re gonna
13 call up our next panel, Jesus Castellanos, Make the
14 Road, a youth member, Arely Gonzalez, Juan Carlos
15 Gomez, and Carlos Elias Vasquez Zambrano [sp?]. If
16 we can have you to the table, please. Thank you so
17 much. [background comments] And the panel after
18 that, just so you could be ready for this next panel,
19 is Diana Re~a, Brooklyn Deputy Borough President,
20 Jeff Foreman from the care for the Homeless, Jessica
21 Orozco, Hispanic Federation, and then Jojo Annobil
22 from Legal Aid Society, [background comment] the
23 panel after this. [background comment] [Spanish]
24 02:25:25.

25
ARELY GONZALEZ: [Spanish] 02:25:31...

127
3 [backgr und comments]
4 SPANISH TRANSLATOR: My name is Arely
5 Gonzale and I am from... [interpose]
6 CHAIRPERSON MENCHACA: Could you get him
7 a chai , please?
8 ARELY GONZALEZ: Make the Road.
9 SPANISH TRANSLATOR: Make the Road New
10 York.
11 ARELY GONZALEZ: [Spanish] 02:25:56
12 SPANISH TRANSLATOR: I know that the City
13 entire y is emotional about the proposal from the
14 Mayor...
16 SPANISH TRANSLATOR: the other forces are
17 pus hi for this legislation...
19 SPANISH TRANSLATOR: thanks to the
20 leade ship of Pechaco [sp?]?
22 SPANISH TRANSLATOR: thanks ... thank god_ I
23 mean, thanks to the leadership of Mr. Pechaco, the
24 leade ship...


2 SPANISH TRANSLATOR: for the community,
3 the immigrant communities and the tranSgender
4 communities ...
6 SPANISH TRANSLATOR: this initiative is
7 very important.
B ARELY GONZALEZ: [Spanish] 02:26:54
9 SPANISH TRANSLATOR: We wanna count on a
10 form of identification that show who we are...

12 SPANISH TRANSLATOR: that we are
13 residents of the State of New York.
15 SPANISH TRANSLATOR: Since we know it's
16 difficult, like me, undocumented, having obtaining a
17 piece of identification...
19 SPANISH TRANSLATOR: and a lot of us,
20 it's been difficult for us to obtain the ID and come
21 out of the shadow.
23 SPANISH TRANSLATOR: We're scared that
24 sometimes when we walk outside that we're gonna walk

25 to... talk to police officers or other people-.
-------,-------- --
3 SPANISH TRANSLATOR: a part of the
4 communi y of EBT... [background comment] [Spanish]
5 02:28:0
7 SPANISH TRANSLATOR: us, like transgender
8 women, we don't identify with the ID that... identify._
10 SPANISH TRANSLATOR: like our
11 corres ending gender and our names ...
12
13
14
[bell)
ARELY GONZALEZ:
SPANISH TRANSLATOR:
[Spanish] 02:28:28
and it would also
15 reduce the amount of arrests due to not having ID.
17 SPANISH TRANSLATOR: The implementation
18 oL. [ anish] 02:28:44?
19 ARELY GONZALEZ: [Spanish] 02:28145
20 SPANISH TRANSLATOR: so we could have ...
21 ARELY GONZALEZ: 02:28:48
22 SPANISH TRANSLATOR: our names and our
23 genders ...
25
- -~-~.~---------------~

2 SPANISH TRANSLATOR: will open the doors
3 to our lives ...
5 SPANISH TRANSLATOR: like people who will
6 form part of the community...
B SPANISH TRANSLATOR: like members of the
9 community of EBT, I mean [Spanish] 02:29:09 ...
11 SPANISH TRANSLATOR: this initiative is
12
13
14
15
very important for us.
ARELY GONZALEZ:
SPANISH TRANSLATOR:
transgender woman._
02:29:15
Like me, as a

16 ARELY GONZALEZ: 02129:21
17 SPANISH TRANSLATOR: people make fun of
18 us when the police stop us ...
20 SPANISH TRANSLATOR: to ask for ID.
22 SPANISH TRANSLATOR: they tell us that we
23 are not women_

25 SPANISH TRANSLATOR: they make fun of US-.
3 SPANISH TRANSLATOR: sometimes I don't
4 carry ID that has my gender and my date of birth ..
6 SPANISH TRANSLATOR: because I am ashamed
7 that ... I am embarrassed that maybe someone might see
8 it.
10 SPANISH TRANSLATOR: This ID, this form
11 of ID ill open our lives much easier...
13 SPANISH TRANSLATOR: we would have

14 someth ng that we can show to the police officers who
15 we are~
17 SPANISH TRANSLATOR: and we could have
18 confi nee...
20 SPANISH TRANSLATOR: we would feel like

21 we ar more a part of the city...
23 SPANISH TRANSLATOR: and would do it
24 stron ly.


2 SPANISH TRANSLATOR: The ID has to not
3 involve our identity of our gender...
5 SPANISH TRANSLATOR: if it's not on the
6 ID, it wouldn't be useful for me or other individuals
? who are transgender.
9 SPANISH TRANSLATOR: For other people...
11 SPANISH TRANSLATOR: For all those
12
13
14
reasons...
ARELY GONZALEZ: 02:31:06
SPANISH TRANSLATOR: I believe that the

15 municipal ID...
16 ARELY GONZALEZ: 02;31:10
17 SPANISH TRANSLATOR: to have the people
18 to sign_.
20 SPANISH TRANSLATOR: the gender that they
21 have...
23 SPANISH TRANSLATOR: would be a big help.
25

2 SPANISH TRANSLATOR: It would help us
3 create more security city...
5 SPANISH TRANSLATOR: and just with
6 results. Thank you.
7 CHAIRPERSON MENCHACA: 02:31:34
8 [backg ound comments]
9 JESUS CASTELLANOS: [Spanish] 02:32:05
10 [inter ose)
12
13
14
15
So can we... We're gonna go through the whole panel
really quick... 02:34:48.
Yeah,
then w
Okay. [background comments]
e' re ... let's just go through the whole panel,
can go back an~- and do a quick translation.
16 Okay. [background comments]
17 JUAN CARLOS GOMEZ: Good afternoon..
18 [inte ose]
20 JUAN CARLOS GOMEZ: Okay. Yeah. Good
21 morni g ... or good afternoon... (interpose]
23 JUAN CARLOS GOMEZ: Okay. Okay, Thank
24 you. Good afternoon members of the Commission of the
25 Immig ation and everyone attending to this meeting.


2 My name is Juan Carlos Gomez, member of the Make the
3 Road New York and today I want to share with you only
4 small part of my personal history. In this point I
5 want to switch to Spanish for be more clear.
6 [Spanish] 02:35:51 [bell]
7 CHAIRPERSON MENCHACA: Gracias.
8 CARLOS VASQUEZ: [Spanish] 02:37:50
10 we 1 re not gonna translate for this panel. We have
11 another public hearing in less than an hour, so we
12
13
14
wanna make sure everyone that wants to talk about
their experience gets to do that; we're gonna change
the time to one minute per testimonial. [Spanish]

15 02:39:21.
16 Can we have the next panel that I called
17 earlier, Jojo Annobil, Jessica Orozco, Jeff Foreman,
18 and then our Brooklyn Deputy Borough President, Diana
19 Reyna please? [laugh] Thank you. Okay. And the
20 next panel after that is Miss Glennda Testone, Elana
21 Redfield, Lynly Edgars ... Egyes, from the Sex Workers
22 Project, and Mr. Noah Lewis, from the Transgender
23 Legal Defense and Education Fund; they'll be
24 testifying next. We're gonna try to speed through

25 this; I'm sorry for the speed-through, but we have
2
another really great, important public hearing on

135
3 Vision era, so thanks so much for your appreciation
4 and you consideration.
5 DIANA REYNA: TUrn on...
6 CHAIRPERSON MENCHACA: The mic is on?
7 Thank so much. [background comment] I' 11 stop
8 you at minute.
9 JOJO ANNOBIL: sure, no problem. [laugh]
10 So my arne is Jojo Annobil and I'm the attorney in
11 charge of The Legal Aid Society's Immigration Law
12 Unit. Thank you so much for giving us an opportunity
13 to tes ify today.
14 We basically agree with a lot of the
15 commen s and suggestions made here today; one of the
16 things that we just wanted to highlight is the fact
17 that w all talk about having an identify document
18 which auld.. this would make a lot of undocumented
19 immigr nts be able to get an identity document, but
20 also i proving public safety; it will encourage
21 people to feel much more comfortable reporting
22 crimes but it's a two-way street. If the Police
23 Depart ent is not going to accept these municipal
24
25
cards
into r identity documents, then we are going to run
same whole problem of for simple, non-
I
2
criminal offenses like riding a bike on the sidewalk,

136

3 open container of alcohol, all these are non-criminal
4 offenses; however, it allows the Police Department,
5 [bell] if you don't have an ID, to run your
6 fingerprint; once they run your fingerprint you are
7 basically put into a pipeline. [interpose]
9 JOJO ANNOBIL: Thank you.
10 CHAIRPERSON MENCHACA: Thank you. And
11 that's been a consistent theme in conversation.

12 JOJO ANNOBIL: Okay.
13 CHAIRPERSON MENCHACA: Next . Thank you.
14 JEFF FOREMAN: Chair Menchaca and members
15 of the Committee, thanks for the opportunity to
16 testify; I'm Jeff Foreman, the Policy Director for
17 Care for the Homeless.
18 If this legislation did nothing more than
19 document undocumented people, it would be a visionary
20 important piece of legislation that we would be very
21 happy to enthusiastically support, but it actually
22 does far more than that, it promises to help people
23 who have lost documents, people who have misplaced
24 documents and certainly help many people who are

25 homeless, like our clients. For all the people that
------~-
2
a munic pal ID program offers relief, why wouldn't we

137
3 support our neighbors in need? And this bill wisely
4 ires not just that IDs be appropriately
5 issued, that they be promoted to include things
6 like p and private institutions and banking that
7 many po r people desperately need and do not have
8 access o... [bell] Thank you, Mr. Chairman.
10 for tha support as well. How do you say your last
11 name?

12 JESSICA OROZCO: Orozco.
13 CHAIRPERSON MENCHACA: Orozco. Okay,
14 sorry; I couldn't read it. [crosstalk]
15 JESSICA OROZCO: Yes, right; my
16 handwri ing...
17 CHAIRPERSON MENCHACA: I'm sorry about
18 that.
19 JESSICA OROZCO: It's okay.
20 CHAIRPERSON MENCHACA: Thank you. Go
21 ahead.
22 JESSICA OROZCO: So good afternoon; my
23 name i1 Jessica Orozco and I'm the Director of
24 Immigr tion and Civic Engagement at the Hispanic

25
I
'
2
Federationi thank you for this opportunity to

138

3 testify.
4 Hispanic Federation is a premier Latino
5 membership organization in the nation and was founded
6 to address the many inequities confronting Latinos
7 and the nonprofits that serve them. Our member
8 agencies are located within the heart of Latino
9 communities throughout the City and witness the
10 difficulty New Yorkers encounter when attempting to
11 obtain a widely-accepted photo ID. With member

12 agencies like Spanish-speaking Elderly Council and
13 Institute for the Puerto Rico Elderly, which provide
14 access to essential senior services, we see how
15 difficult it is for the City's elderly to acquire a
16 photo ID. For example, in New York for a U.S.-born
17 citizen to obtain a non-driver ID card, they must
18 show their birth certificate, passport or military
19 photo ID to prove date of birth. Seniors living in
20 the City may have been born at home and never
21 obtained a birth certificate or their certificate may
22 have been lost or destroyed over the decades.
23 Additionally, many elderly in New York City may have
24 disabilities that prevent them from getting to the

25
2 DMV or few agencies that may assist them in getting
3 these d cuments reissued. [bell)
4 CHAIRPERSON MENCHACA: Thank you again.
5 JESSICA OROZCO: And I provided written
6 testimo y.
7 CHAIRPERSON MENCHACA: Yeah. Thank you
B for your written testimony. And our... someone
9 that's ot a stranger to this amazing body, our great
10 orough President from Brooklyn, Diana Reyna.
11 DIANA REYNA: Thank you so much. Good
12
13
14
15
want t
Brookl
n, Chairman Menchaca and Committee staff; I
just, for the sake of time, introduce my
Borough President, Eric Adams, who is not
here t day and on his behalf, as his Deputy, I am
16 test! ing in support of what would be Int. 253,
17 Munici al IDs. I just wanted to thank the Speaker,
18 Meliss Mark-Viverito for her staunch support on this
19 propos 1 and Mayor de Blasia for his unwavering
20 leader hip to making this program a reality, along
21 with t e Council; your leadership here is avid and
22 making sure that this continues to be at the
23 forefr nt of our agenda in government.
24 Each day the gates of New York City civic
25 life a e open for those who can prove their identity


2 and display a photo ID; lacking an ID affects the
3 countless numbers of members of New York City's
4 immigrant communities, the growing number of homeless
5 people in our City, children in the foster care
6 system, the elderly, formerly incarcerated
7 individuals, and those who are disabled, mentally ill
B or from the LGBTQ communities. Our communities grow
9 stronger and our city becomes one [bell} only when
10 all our neighbors can enjoy the multitude of
11 opportunities. I wanted to just express that an ID
l2
l3
14
is not worth the plastic it is printed on unless we
have the public's trust (background comment] and I
believe that we in Borough Hall, along with what

15 would be your leadership and the Mayor, to be able to
16 work together to provide what would be IDa being
17 processed at the center of our borough's civic
18 universe in Brooklyn Borough Hall, [background
19 comment] and so we want to welcome the opportunity to
20 work with you, we agree with the merits behind this
21 bill, but we also wanna make sure that the access to
22 the processing is one that would garner a lot of
23 synthesizing [background comment] between agencies
24 and working together to making sure that the
25 obstacles are reduced, that the distance is shorter

-~-
tha~
2 and the economic barriers are removed. Thank
3 you so uch. [crosstalk]
4 CHAIRPERSON MENCHACA: And that-. that is ...
5 that is a priority of this City Council. So thank
6 you so uch for,., [crosstalk]
7 DIANA REYNA: Thank you.
CHAIRPERSON MENCHACA: echoing it, and I
~
8
9 do have to say that on Twitter I did see that the
10 Boroug President would welcome Borough Hall to be a
11 place ~ere we could have application processes too,
12
13
14
15
so I juft wauna acknowledge that.
'
for th's panel.

DIANA REYNA: Thank you.
CHAIRPERSON MENCHACA: Thank you so much
The next panel, if you can come up
16 as I c lled your name last time, Elana Redfield, Miss
17 Glennd Testone, Lynly Egyes -- please correct me in
18 your p enunciation of your name -- and Noah Lewis.
19 [backg,ound comments] Okay. We'll start on this
20 end, p1ease. Identify yourself; thank you so much.
21 Stick ,o the one minute. Thank you. Actually, the
22 red bu ton, [crosstalk)
23 . ELANA REDFIELD: the button. My name is
24 Elana fedfield and I'm speaking today on behalf of
25 the Sytvia Rivera Law Project and also the Peter

~--.~o-~~~----------------------------_,----~~~~~----

2 Cicchino Youth Project. So in my short time today I
3 want to emphasize how critical it is that the Council
4 and the Mayor's Office make these IDs gender-
S affirming. It's an essential component of reducing
6 discrimination; one study found 40 percent of
7 respondents experienced harassment because their ID
8 did not match their gender presentation. In order to
9 make the ID accessible to the most vulnerable people,
10 I must emphasize the critical importance of gender
11 self-determination; no medical evidence should be
12
13
14
required. Why is this important? First, every
individual is the best expert on their own internal
sense of gender, but secondly, many transgender

15 people do not have access to the medical treatments,
16 so providing a doctor's letter may be hard or
17 impossible. Even finding a doctor or affording
18 medical care can be a challenge for low-income trans
19 people, especially considering that New York State
20 Medicaid does not cover transgender health care. So
21 this leave many people without the option of
22 obtaining IDs. And by obtaining an ID that affirms
23 their gender accurately, [bell) trans people can
24 reduce and in some cases eliminate the shame and
25

2 humiliation and harassment of using an ID that
3 doesn't match their gender.
5 NOAH LEWIS: I'm Noah Lewis, Staff
6 Attorney with Transgender Legal Defense and Education
7 Fund and I echo Elana Redfield's comments
8 wholeheartedly. Through our name change project
9 we've helped hundreds of transgender New Yorkers
10 change their name and we understand the problems that
11 they do have accessing doctors letters to get their
12
13
14
gender record changed and I would emphasize also that
New York already recognizes self-designation with
regards to access to homeless shelters, people can
15 choose for themselves which shelter best fits them;
16 they are the best determiners of whether they are
17 male or female and the New York City Human Rights Law
lB already makes it unlawful to ask for ID when
19 accessing sex-specific facilities, like restrooms, so
20 people hare already able to use the facilities that
21 match and having ID that matches will just help when
22 they are unlawfully confronted for using those
23 facilities. Thank you.
24
25

2 CHAIRPERSON MENCHACA: Thank you for
3 that, and well aware of the name change project and
4 thank you so much for that.
5 LYNLY EGYES: Hi, my name is Lynly Egyes;
6 I'm an attorney at the Sex Workers Project ...
7 [interpose]
8 CHAIRPERSON MENCHACA: Can you speak
9 closer to the mic; pull it closer to you?
10 LYNLY EGYES: Sure.
11 CHAIRPERSON MENCHACA: You can pull it
12
13
14
closer to you. Yeah.
LYNLY EGYES: ! 1
m an attorney at the Sex
Workers Project at the Urban Justice Center; one of

15 the groups that I wanna talk about today that will be
16 impacted by this legislation is victims of
17 trafficking. The best way to explain how this will
18 impact victims of trafficking is to tell you about
19 two of my clients. Rebecca was brought into the
20 United States by a very powerful family, she worked
21 as a nanny, but upon arrival her entire situation
22 changed; she was forced to work up to 20 hours a day
23 without any pay, she was deprived of food, sleep and
24 subjected to sexual and physical abuse; immediately
25 her trafficker took away her passport; when she was

2 able t finally escape, she had to leave her passport
3 behind. Luckily she found her way to my office with
4 her bi th certificate in hand, when I suggested that
5 we go nd get a new passport for her, she said her
6 traffi kers would find her, which they would have.
7 And so she spent all of this time living without ID,
8 which de her fearful to even walk on the street ...
9 (bell] I guess I'm out of time to tell you about my

'
10 other tlients, but this is really important for
11 victimf of trafficking to be able to report crimes.
12
13
14
So man of my clients actually choose not to report
crimes to law enforcement because they don't have
proper identification, especially my clients who are
15 transg nder, walking into any type of law enforcement
16 office [background comment] they basically choose not
17 to bee use of the fact that they don't have
18 identi ication that matches their gender.
20 And ag!in, all this testimony is gonna be brought in;
21 we're anna analyze every single piece of it. Miss
22 Teston .
23 I GLENNDA TESTONE: Good morning, my name
24 is Gle4nda Testone; I'm the Executive Director of the
... ' 1' "''' ,.,,,,..,""' ,,.,,., ........,....

25

2 Community Center; thank you for allowing me to
3 testify today. The Center sees 6,000 unique
4 individuals a week from all over the City and the
5 number one thing that we see firsthand is the power
6 that this proposed legislation has to impact numerous
7 New Yorkers, including many of the LGBT community.
8 In particular I wanna talk today about
9 LGBT youth, immigrants and transgender people.
10 Transgender New Yorkers face unrelenting
11 discrimination and harassment and are placed at the
12
13
14
highest risk; they tell us every day about the
challenges that they face trying to obtain the most
basic but vital identification. This municipal ID

15 will allow transgender people to accurately self-
16 identify their gender; it's welcome, vital and
17 overdue. LGBT youth are over-represented among the
18 homeless population in New York City and many young
19 people are forced to run away from their homes
20 without any identification. [bell] LGBT immigrants
21 also face increased barriers to employment, along
22 with increased stigmatization and violence when they
23 don't have accurate ID documents that record their
24 legal status. The Center wholeheartedly supports
25 this municipal identification card as a powerful tool

2
to help some of the most vulnerable New Yorkers step

147
3 out of the shadows, take better care of themselves
4 and help eliminate the two New York's that we do
5 have, the ones with [background comment] ID and the
6 ones without, and I for one wanna say I look forward
7 to getting my municipal ID.
8 CHAIRPERSON MENCHACA: Great.
9 GLENNDA TESTONE: Thank you.
11 for that enthusiastic support. And thank you so much
12 for this panel [background comment] and for ... make
13 sure that we have your testimony as well.
14 Next panel, Annie Wang, Mark Noferi,
15 Annie... Annie Wang, from the American Immigration
16 Lawyers Association New York Chapter, and Mizue
17 [background comment] Aizeki, Mizue Aizeki. Thank you
18 so much. And the panel after that, we 1 re gonna have
19 Tawney Mill, Samuel Palmer-Simon, Lucia Gomez, and
20 Gabriela Sandoval Requena. I hope I said those names
21 correctly. And if we can start [background comments]
22 now, maybe with Mizue.
23 MIZUE AIZEKI: Sure. Thank you very much
24 for your time; I know you've taken a lot of time to
25 listen to all our concerns. My name is Mizue Aizeki;


2 I'm with the Immigrant Defense Project and just to
3 really quickly summarize, I think that we all
4 understand that one of the primary ways someone can
5 get deported nowadays is by interaction with the
6 police and so to emphasize the importance, both of
7 the NYPD accepting this ID but not sacrificing the
8 very critical concerns about privacy, right, data-
9 sharing of information, it's a very big concern for
10 immigrant communities as well as the self-designated
11 gender; we think that people need to feel like they

12 own this idea and they're proud to have it. And the
13 other piece I just wanna alert as well; you know,
14 when we do our Know Your Rights trainings in the
15 community, having an ID that the police accept is
16 really critical; for many immigrants we also, in
17 terms of, you know, maybe preventing arrests or
18 deescalating, we wauna be clear to people that that's
19 not gonna prevent your arrest and once you get
20 brought into the precinct your risk of deportation is
21 equally as strong until we have a very robust
22 detainer policy in New York City. So thank you very
23 much [bell] for your time.
24 CHAIRPERSON MENCHACA: Thank you very

25 much for that enthusiastic support again. And I
2
I COMMITTEE ON IMMIGRATION
wanted fa remind everyone, if we can keep it quiet in

149
3 the cha~ers please so we can hear the testimony;
4 it's a eal short testimony, but very powerful. Can
5 we have the next person? Thank you.
6 MARK NOFERI: Thank you Council Member,
7 I'm Mar Noferi of the Center for Migration Studies
8 think t nk and the New York City Bar Association.
9 Two clarifying points: ( 1} on implement._
10 [inte se]
mi~
11 CHAIRPERSON MENCHACA: Can you talk into
12 the closer?
13 MARK NOFERI: Sure.
14 CHAIRPERSON MENCHACA: Pull it closer to
15 you.
16 MARK NOFERI : (1) on implementation --
17 the Co cil may want to amend this legislation to
18 clarif the operational responsibilities here so that
19 this p ogram is ensconced beyond this
20 admini tration 1 s four years [background comments]
21 this i on Page 4 and 5 of my testimony and San
22 Franci co may be a good example here. The San
23 Franci co legislation explicitly directs
24 admini tration by the Clerk in explicit consultation
25 with t e Immigrant Rights Office, under the explicit


2 supervision of the City Administrator. Similar here,
3 New York could explicitly direct administration by
4 the Clerk or HRA or the boroughs, but with an
5 explicit role for MOIA and Commissioner Agarwal and
6 an explicit role for the Office of Operations,
7 although the Office of Operations does innovative
8 work, they don't have the capacity to process
9 potentially 200,000 applications, as they mentioned.
10 Additionally, the San Francisco legislation also
11 gives the Immigrant Affairs Office an explicit role

12 in coordinating with city agencies to promote the
13 card and develop multiple uses for it; (2} on
14 confidentiality-- we support Section 3.136, but the
15 Council could amend it to specifically direct
~6 regulations to clarify the outstanding issues, and
17 there are several. For example, whether immigration
18 courts could subpoena ID card records in deportation
19 proceedings, whether these records are exempt under
20 the Freedom of Information Act; whether the City has
21 an obligation to disclose names, if not the records.
22 The San Francisco legislation specifically exempts
23 names as well as records; how long the city will keep
24 these records. All of these might be addressed by

25 regulations to clarify; other parts of the
2 legisla ion specifically provide for regulations and
3 Section 3.136 could as well. Thank you very much.
4 CHAIRPERSON MENCHACA: Thank you Mark for
5 that. d I think you hit some [bell] big points
6 that ar on the table right now in discussion, so
7 we'll b in touch.
8 ANNIE WANG: Good afternoon... [interpose]
9 CHAIRPERSON MENCHACA: Can you make sure
10 that t button is pressed?
11 ANNIE WANG: How's that?
12
13
14
Thank
u so much.
ANNIE WANG: Thank you.

That's perfect.
I'm Annie Wang,
15 Co-Cha of the Comprehensive Immigration Reform
16 Commit ee of the New York Chapter of the American
17 Immigr tion Lawyers Association. I don't want to add
18 to the eloquent testimony already given about the
19 need f r an accessible and attractive ID card; I do
20 wanna ention that with regard to undocumented
21 immigr nts who would benefit from this card, that
22 there s a unique challenge faced by undocumented
23 youths who Were brought to this country at a young
24 age. en though many of these youths would qualify
25 for de~erred action for childhood arrivals, many of


2 these undocumented youths who should qualify for DACA
3 have a very difficult time proving that they have
4 been continuously present in the U.S. In addition,
5 if Congress were to pass immigration reform, [bell]
6 it's likely that any future legislation will require
7 similar evidence of continuous presence in the U.S.
8 Thank you for [background comment] allowing me to
9 contribute to this discussion.
10 CHAIRPERSON MENCHACA: Well thank you for
11 much for contributing and again, we all wait for that
12
13
14
final federal moment of immigration reform that we've
all been fighting for.
[background comments]
Thank you so much.

15 Next panel please, Miss Gabriela sandoval
16 Requena from the Coalition for the Homeless -- please
17 correct me there if I did not read it correctly
18 Lucia Gomez from La Fuente, Samuel Palmer-Simon and
19 Tawney Mill. [background comments] Are the rest of
20 you... anybody else here on this list? Okay, we're
21 gonna move on~ we're gonna add to this panel,
22 [background comment] Nancy Magitzgar or Mogador from
23 Brooklyn, Rev. Getulio Cruz, Rev. Cruz, Manhattan
24 Together, Rogers from Picture the Homeless.
25 [background comments] Come on up. [background

-------------,-------------------------~---
2 comme Okay, great; thank you so much. And
3 Rogers, can you begin and remember, one minute, if
4 you ca end promptly. And you can begin, thank you
5 so muc
6 OWEN ROGERS: I am a member of Picture
7 the Ho eless, a local nonprofit group that works with
8 thousa ds of homeless New Yorkers, many of whom are
9 margin lized because we don't have acceptable
10 identi ication to work a steady job or to have an
11 apartm nt. We are many thousands of New Yorkers who
12
13
14
need tfis proposed form of municipal identification .
We com from many places in the U.S. and overseas, we
come f om prisons, we come from shelters, we come
15 from m icipalities that don 1 t document births in
16 record the way that New York City does. Some of us
17 came u through the foster care maze, we come from
18 the st eets. What we have in common is that we all
19 need t be recognized and affirmed by the City of New
20 York a d its agencies and to the businesses to whom
21 we tur for support. We need to be respected as well
22 by law enforcement, we are former felons, we are
23 street homeless people; we're immigrants. All of us
24 are Ne Yorkers who are running into governmental
25 when we try to open a bank account, to rent


2 a room, apartment; register for school. I used to
3 work for the Police Department in the City of New
4 York; they have my fingerprints and documents on
5 file, [bell} but without documentation that they will
6 not give to me, I am one of the people who needs
7 municipal ID.
9 for that. And I just wanna make a quick reminder,
10 for anyone who has already given us your slips,
11 everyone will be testifying today, so don't leave;
12
13
14
everyone will have a chance to testify.
NANCY MAGESON:
Next.
My name is Nancy Mageson
[sp?] and I would like to speak today about how

15 municipal IDs can be utilized to make New York City
16 transit more accessible to riders with invisible
17 disabilities.
18 CUrrently the MTA complies with the ADA
19 by asking able-bodied riders to give up their seats
20 to those with disabilities; this works when a
21 disability is plainly evident, but for those with
22 invisible disabilities, this compliance strategy
23 fails. When I haven't needed my seat I have tried to
24 decide if other passengers did, but it is very hard
25 to discern whether someone is chronically ill,

2 suffer from a weakened immune system or cancer, is
3 feelin ill from the first months of pregnancy or has
4 an inj ry or disability that makes standing painful
5 or dif icult, nor should passengers be expected to
6 intuit this information. The voluntary city ID for
7 people with invisible disabilities would begin to
8 addres this gap in accessibility; the ID would
9 requir medical documentation, have a clearly printed
10 expira ion date and use a logo, perhaps the
11 wheelc air icon; it could be work on a chain or
12
13
14
string
give u
or carried by hand. I believe that the
majori y of New Yorkers would, like me, willingly
their seats if they knew that others truly
15 needed one. Under the current system, riding public
16 transi can be stressful, painful or simply
17 imposs ble for those with invisible disabilities,
18 never owing if a seat will be available; [bell] is
19 in no ay compliant with the ADA; New Yorkers with
20 injuri s, illness or disabilities should not have to
21 rely o their negotiating savvy or on good luck in
22 order o be able to ride public transit. Thank you.
23 CHAIRPERSON MENCHACA: Thank you so much,
24 and we.~ can we make sure we have a copy of that too?
25 Great. Thank you.


2 GABRIELA SANDOVAL REQUENA: Hi, my name
3 is Gabriela Sandoval Requena, Policy Analyst for
4 Coalition for the Homeless ... [interpose]
5 CHAIRPERSON MENCHACA: Requena.
6 GABRIELA SANDOVAL REQUENA: and the
7 Coalition would like to, first of all, thank the City
8 Council and the Committee on Immigration for this
9 opportunity to testify in support of the municipal ID
10 program. Many New Yorkers who are homeless are not
11 able to obtain one, even if they're able to gather
12
13
14
all the documentation and the money to cover the cost
they're simply not able because of their lack of
fixed residence. So needless to say, creating a

15 municipal identification program that addresses the
16 need of New Yorkers regardless of their housing
17 status will improve the quality of life of homeless
18 individuals and families [sic] tremendously. We
19 strongly support this initiative and we look forward
20 to working with the Administration and the Committee
21 to ensure that the implementation includes rules
22 around proof of residency and waiver of fees that
23 would make new municipal ID cards accessible to all
24 homeless New Yorkers who need it. Thanks.
25

3 again. Can you reset the clock? Thank you.
4 Revere d.
5 REV. CRUZ : I am Reverend.. I am Rev.
6 Getuli Cruz, pastor or [bell] Monte Sian Christian
7 Church on the Lower East Side, I'm also a leader in
a Manhat an Together and Metro IAF. we are a network
9 of 100 diverse member congregations and other
10 organ! ations in New York City. My fellow clergy in
11 Metro AF and in other churches in my council, the
12
13
14
Assemb y of Christian Churches, have heard too many
storie of people's lives being disrupted by the lack
of rec gnized ID; this is why some Metro IAF member
15 organi ations started to produce their own IDs; we
16 have w rked with the police and other agencies in our
17 commun ties to ensure they recognize these local IDs.
18 we str ngly support the City producing its own ID
19 that a 1 New Yorkers can get. We also know these IDs
20 must b distributed in the right way. Metro IAF is
21 ready o work with the Mayor, Council, the police and
22 the re t of the City to ensure these IDs are designed
23 in a p ofessional manner that will be useful to a
24 wide v riety of New Yorkers. We want to encourage
25 thous ds of our members to sign up for IDs; if it

--.--.--

2 can be done securely, we would love to have City
3 officials come to our congregations and perhaps
4 [bell) public libraries to sign people up.
5 CHAIRPERSON MENCHACA: And we will be
6 there in your and everybody else's congregations, and
7 you're absolutely right, that the word needs to get
B out in outreach. So thank you so much for each of
9 your pieces of testimony and we'll be in touch with
10 you and again, make sure that we have copies of what
11 you used to testify.
12
13
14
Next we wanna call up Lauren Burke from
Atlas, Sunset Park, Yolanda Castro, Dr. Kirk Anthony
James, and Laurie Izutsu for this panel. And the

15 panel after that we'll have Gene Judy [sp?} from the
16 Premier Baptist Haitian, [background comments] Joseph
17 Rosenberg, [background comments, laughter] Diane
18 Steinman from the Interfaith Network, Jeffrey Weiss
19 from Assemblyman Ortiz' office. [background
20 comments] And I just wanna acknowledge our Council
21 Member from Brooklyn, Jumaane Williams, is here as
22 well... [background comment] okay -- who will say a few
23 wordsi we're gonna clock you at one minute.
24 COUNCIL MEMBER WILLIAMS: Thank you for
25 allowing mei I was chairing another hearing, so I

~ouldnlt
2 be here early, but this issue is very

3 ~mport, nt to me. I wanna thank you and Council
4 Member Dromm for taking the leadership on this. A
5 lot of people ask why I haven't signed on yet; it's
6 not be ause ... I'm fully supportive of the issue. I do
7 have o e concern that I know might've been mentioned
8 here, hich is just making sure... I think it was
9 mentio ed, that it doesn't become a scarlet letter,
10 that r ally concerns me; I wanna make sure that the
11 '
ID is !omething that all New Yorkers can use for
12 someth ng or the other; that's very important to me.
13 Just a ecdotally, my brother, I learned much later in
14 life, ras not a citizen, he was over 50 when I
15 realiztd and that was because his mother died and he
16 could ot go to the funeral, so these issues are
17
18 '
issues.that really hit home to me.
And lastly, I wanna make a plug to
t
19 anybod who's listening, the Caribbean community has
20 been 1 rgely missing from this discussion and I think
21 out La ina brothers and sisters for really taking the
22 helm, ut I'm pushing everyone who this will affect
2~ to rea ly get their voice be heard, because it
24 touche a lot more, even more than the thousands of
25 people already who have been screaming and yelling,

.~~~---
2
so I wanna make sure that everybody who is an

160

3 immigrant and have immigrant families get involved in
4 this discussion. Thank you very much.
6 Member. And if we can begin here on the left-hand
7 side, please. Thank you. Ma'am.
8 LAURIE IZUTSU: Oh, sorry... Okay, sorry.
9 [laughter, crosstalk]
10 CHAIRPERSON MENCHACA: Sorry; you 1 re...
11 you're... you're up. One minute.

12 LAURIE IZUTSU: Okay. Good afternoon, my
13 name is Laurie rzutsu and I'm a Senior Staff Attorney
14 with Brooklyn Legal services. My office is a part of
15 Legal Services NYC, the country's largest provider...
16 [crosstalk]
17 CHAIRPERSON MENCHACA: Can you speak
18 closer to the mic, so... so we can...
19 LAURIE IZUTSU: sure.~ for low- income
20 individuals and families. Thank you for the
21 opportunity to provide testimony today. One
22 population I would like to highlight that would be
23 substantially impacted by the ID cards is survivors
24 and victims of domestic violence. The creation of a

25 municipal identify card program enhances the capacity
~-----------------,--~-- ------
2
for un ocumented domestic violence victims to

161
3 establ'sh independence from their abusers by improved
4 access to financial services and the ability to sign
5 a leas Additionally, the program would ease the
6 abilit of those without state-issued identification
7 to int ract with the police and the criminal justice
8 system an important measure where often survivors of
9 domest c violence are retraumatized by the very
10 agenci s from which they seek help. It is clear
11 based n these circumstances and the testimony you've

12 heard lready that the need for municipal ID cards is
13 great; however, I would like to emphasize that it is
14 not ju.t a matter of language access with [bell]
15 implanlation of the ID program, but immigrants with
16 limite English proficiency won't reap the full
17 benefi~s if the City's lan~age access policy isn't
18 also c nsistently and effectively implemented along
19 with t at. Thank you.
20 CHAIRPERSON MENCHACA: Thank you. Thank
21 you for that.
22 YOLANDA CASTRO: Hello, good afternoon.
23 My nam is Yolanda Castro; on behalf of the Mexican
24 Consul te we thank you for allowing us to testify

'
25 today; we are the agency that issues the consular ID

2 cards that have been referred to here by other
3 testimonies; I just wanna let you know that we are_.
4 for our government is paramount importance as our
5 consular ID cards are regarded as a safeguard and
6 secure document and form of identification. We issue
7 them to our citizens; last year we issued 35,000 of
8 these IDs, because we know how important and
9 strategic it is for them to have a form of ID for any
10 type of business and even for survivor matters, so we
11 are very happy to have this new initiative being
12
13
14
brought and we are happy to open up and discuss
whatever the security characteristics of our consular
security ID bears, because we wanna make them

15 available for... we've [bell ] been working very hard
16 to make them available and secure for everybody and
17 we are open for discussion if you need it. 'Kay.
18 [crosstalk]
19 CHAIRPERSON MENCHACA: Thank you. Miss
20 Castro, one question... [crosstalk]
21 YOLANDA CASTRO: Sure.
22 CHAIRPERSON MENCHACA: the 35,000 IDs
23 that you've issued out; is that a New York number or
24 is that a national number?
25

2 YOLANDA CASTRO: No, it's just only in
3 the Ne York area.
4 CHAIRPERSON MENCHACA: New York City...
5 inc red ble, [crosstalk]
6 YOLANDA CASTRO: Yeah, it 's ... the ID, the
7 consul r IDs are issued [coughing] to citizens that
8 live i our jurisdiction...
9 CHAIRPERSON MENCHACA: Right.
10 YOLANDA CASTRO: so in the whole United
11 States it's around one million... [crosstalk]
12
13
14 in sam
YOLANDA CASTRO:
That's amazing .
consular ID cards, and
states are even used to get driver's license,
15 becaus they have been officially admitted. So we
16 contin e to work. towards... with agencies,
17 organi ations and we are, you know, welcome any
18 inqui and in the handouts you can see the very high
19 securi y traits these ... [crosstalk]
20 CHAIRPERSON MENCHACA: And on the high
21 securi y ... sorry to interrupt ... this is something that
22 you've been in contact in coordination with our city
23 agenci s, including the NYPD; is that right?
24 YOLANDA CASTRO: That's correct, we_, we...
25 [cross alk]

2 CHAIRPERSON MENCHACA: Okay.
3 YOLANDA CASTRO: do seminars and we do a
4 lot of workshops and presentations and we're always
5 welcoming whoever wants to know about them, we will...
6 we happily make a presentation and [interpose]
8 YOLANDA CASTRO: answer any questions.
10 for being here today.
11 YOLANDA CASTRO: Thank you.
12
13
14
having us.
LAUREN BURKE: Hi. Hello, thank you for
My name is Lauren Burke; I'm the
Executive Director of Atlas: DIY (Developing

15 Immigrant Youth) , and both my office and my home are
16 located in District 38, so raise the roof to District
17 38. [laugh] Atlas: DIY represents transgender young
18 people, homeless young people, undocumented young
19 people; everybody who's brought up today who would
20 benefit from the issuance of these ID cards. I also
21 have a secret; I have been using my Massachusetts
22 State ID card for the past eight years, due to the
23 fact that I do not have the documents I need because
24 of expiration, divorce, losing cards, etc. So if I
25 myself, a very privileged attorney, 30-year-old

-I
2 of New York City could utilize these, so
3 veryone else. I also wanna offer that Atlas:
6 attorn ys on staff, we speak Spanish, English,
7 Mandar'n, Urdu, and I know that so many other
8 commun'ty-based organizations would be thrilled and
9 love t be an organization that could be seen as a
10 host s'te. Lastly, this is a away to make all New
11 Yorker feel like they belong to this great city,
12
13
14
it's a place that I've wanted to belong since I was
12, an
that p aves it.

so I'm very excited to finally have an ID
Thank you.
15 CHAIRPERSON MENCHACA: Well said. Well
16 said. (bell] Thank you so much for that.
17 MALE VOICE: Hi, I'm here on behalf of

i
18 the Fortune Society, which serves over 4,000 citizens
19 coming home from prisons and jails across New York
20 City. ,Many folks leave prisons lacking ID, yet
21 they'r expected to obtain jobs, housing and health
22 care w thout any ID. The municipal ID program must
23 be ava lable to them by way of their discharge
24 papers meaning that as they leave prison the
25 discha ge paper should be enough to obtain an ID and


2 that the chances of these men and women, mothers,
3 fathers, and sisters, their success and integration
4 into the community would be greatly compromised.
5 Many opponents of the municipal ID speak of the
6 possibility of ID fraud, yet the New York State Penal
7 Law already protects other IDs from those measures,
B and again, the municipal ID program will allow people
9 leaving from prison to obtain the basic human rights
10 guaranteed under the constitution; it will also
11 continue to create a safer New York by allowing
12
13
14
formerly incarcerated people to access the tools
necessary to become contributing members of our city.
CHAIRPERSON MENCHACA: Thank you again.

15 And our final panel member. [background comment]
16 Panel two. Okay. [bell]
17 DIANE STEINMAN: Good afternoon, rm
18 Diane Steinman; I'm the Director of the New York
19 State Interfaith Network for Immigration Reform,
20 which is a religiously, racially and ethnically
21 diverse network of faith leaders and organizations
22 that advocates for just and humane comprehensive
23 immigration reform and municipal laws that treat all
24 immigrants, regardless of status, with fairness,
25 justice and compassion and based on our values, we

2 are proud to join the many testifiers who are
3 supporting the creation of a municipal ID and the
4 strategies to promote its widespread use by the
5 diverse communities that need this ID in order to
6 become part of the mainstream of city life. I do
7 wanna amplify one point that the Speaker made this
8 morning; at this watershed moment in the future of
9 our democracy, when many elected officials in
10 Washington and around the country are driven by
11 political self-interest and negative attitudes toward
12
13
14
undocumented immigrants, the poor and the
marginalized, they're driven by those attitudes to
pass laws that do them harm and prevent passage of
15 laws that would do them good. Passing the New York
16 City ID law at this moment would serve as a
17 repudiation of their toxic attitudes and harmful
18 actions and an affirmation that public policies must
19 satisfy the moral requirements to treat all who live
20 among us with dignity, justice and compassion, thus
21 presenting an alternative model for federal, state
22 and local lawmakers to emulate in the critical days
23 ahead.
25 for that. And if we can... [background conunents] And


2 the next panel's names, while you get ready, is Miss
3 Hally Chu, who will be reading testimony on behalf of
4 Gale Brewer, our Borough President, Louis Quinones,
5 Dr. Paule Cruz Takash and Ethan Carr from MasterCard
6 Worldwide. And you can begin. [interpose]
7 JEFF WEISS: I will try to finish up this
8 panel with less than a New York minute. My name is
9 Jeff Weiss; I'm counsel to Assemblyman Felix Ortiz
10 from Sunset Park, Cobble Hill, Bay Ridge, Borough
11 Park, Red Hook; the same district as the Chairman.
12
13
14
I'll make two points; that Assemblyman Ortiz is in
Albany today in session, but in his capacity in
Albany chairs the Puerto Rican and Hispanic Caucus,

15 has a bill in Albany to provide non-resident New
16 Yorkers with a driver's license based on certain
17 federal criteria; he's also a member of the National
18 Conference of State Legislatures Immigration Task
19 Force and has been working in Washington with other
20 states on issues similar to this which he strongly
21 supports and asked me to let you know that he stands
22 ready to work with the Council in Albany and in
23 Washington to achieve the same goals and to thank you
24 very much.
25

3 for t t support and send our best.
4 JOSEPH ROSENBERG: Good afternoon, I'm
5 Josep Rosenbergi I'm the Executive Director of the
6 Cathol"c Community Relations Council, a not-for-
7 profit corporation established by the Archdiocese of
8 New Yo k and the Diocese of Brooklyn to represent the
9 church on local legislative and policy matters. I'm
10 please to be here to testify strongly in support of
11 Int. 2 3. By providing the ability for immigrants to
12
13
14
obtain identification cards to access government
servic s, this bill will vastly improve the lives of
so man residents of our city. We're a city of
15 immigr ts, many of us second and third generation;
16 the tr dition continues in the instance of the more
17 recent arrivals to our city who will benefit from
18 this b 11. The Catholic Church has long been in the
19 forefr nt of immigration reform and services to
20 immigr tion communities regardless of one's place of
21 origin or religious beliefs; this legislation will go
22 far in embracing this population.
23 The mission of the Catholic migration
24 servic s of the Diocese of Brooklyn is to empower
25 immigrant communities in Brooklyn and


2 Queens regardless of religion or ethnicity, their
3 immigrant tenancy advocacy program provides free in-
4 person housing services to help low-income immigrant
5 tenants in their fight for decent, affordable
6 housing. The division of immigrant services for the
7 archdiocese provides a similar comprehensive range of
8 [bell} services, not just in Manhattan, Bronx, but in
9 boroughs upstate, they assist more than 100,000
10 individuals annually, they offer over 55 English as
11 second language courses and [background comment] and
12
13
14
15
provide free legal assistance on deportation
proceedings along those lines. They also have a
hotline that answers 25,000 calls annually
[background comment] in 17 different languages; in

16 short, we embrace this bill, we embrace your
17 leadership for bringing it and we hope that it is
18 soon enactedand signed by the Mayor. Thank you very
19 much.
20 CHAIRPERSON MENCHACA: Well and thank you
21 for that. And let's call the next panel; I'll make a
22 comment, but we recently stood, I think in Corona,
23 Queens with you and other advocates in making sure
24 that immigrants always have a way to connect; this is
25 just another way to do that with an identification

2 card, lut our faith leaders and organizations have
3 an incredible connector and we need you
4 part of this team and this task force that
5 will ke this happen. So thank you so much for
6 today.
7 I'm gonna call the next panel up, Ethan...
8 Ethan arr, MasterCard Worldwide, Dr. Paule Cruz-
9 Takas~ from the Oakland ID Prepaid SF Global, Louis
10 Quinon~s, Teamsters -- Teamster are in the house --
11 and Ha~ly Chu from Gale Brewer. [background comment}
12 A remirder, we have one minute and I'll be asking you
13 to keet it to one minute, thank you so much.
14 [backgfound comments] If we can begin at the left
15 here, ' nd make sure to speak into the mic. We have
16 one mi ute; thank you so much.
17 LOUIS QUINONES: Hi, my name is Louis
18 Quinon s; I'm here on behalf of George Miranda,
19 Presid nt of Teamsters Joint Council 16; I will read
20 a stat ment of President Miranda.
21 "Teamsters Joint Council 16 represents
22 120,00 members over the New York area. The New York
23 City T amsters support municipal identification cards
24 for an New Yorker, regardless of immigration status.
25 This p oposal from Mayor de Blasia, Speaker Mark-


2 Viverito, Council Member Dromm and Council Member
3 Menchaca makes sense for a diverse city. Ours is a
4 city of immigrants; with our immigrant community, not
5 only would we lose the art, culture, food and values
6 that make us New Yorkers, our city would literally
7 cease to exist. Immigrants, many of them
B undocumented, do the jobs that run New York; they do
9 them without the rights and recognition from the city
10 they deserve. The reality for many of our
11 undocumented neighbors is one of exclusion. They can

12 send their children to the public schools, but cannot
13 visit them. They can earn money, but cannot open a
14 bank account to keep it safe. They can call the
15 police, but cannot identify themselves to an officer.
16 With municipal ID cards, undocumented and other New
17 Yorkers will have access to banks, schools, other
lB public and private buildings [bell] and essential
19 services. You have the support of the New York City
20 Teamsters in making the proposal law. "
22 DR. PAULE CRUZ-TAKASH: Thank you, uhm...
23 [interpose)
24 CHAIRPERSON MENCHACA: Make sure that the

25 red button's on.
1 COMMITTEE ON IMMIGR,ATION 173
2 DR. PAULE CRUZ-TAKASH: Red button is on.
4 DR. PAULE CRUZ-TAKASH: Thank you. My
5 name i Dr. Paule Cruz-Takash; I am one of the two
6 intell ctual architects of the Oakland City ID and
7 the Ri hmond City ID prepaid debit card, which is
B also a MasterCard; we incubated this card in our
9 resear h center at UCLA, we are activist scholars and
10 we als created a company in order to carry the
11 platfo that would allow us to offer low-cost
12
13
14
15
financ'al services to poor and low-income folks of
all na ionalities and backgrounds and we are the
compan
and th
that was contracted by the City of Oakland
City of Richmond; we're about to open up our
16 office in the City of Richmond; we also are
17 contra ted by Casa de Maryland, which is one of the
18 larges immigrant service organizations in the
19 countr Casa de Maryland understood that this issue
20 goes blyond a need for ID, that's a critical ID, but
21 they c ntracted with us because they said the banks
22 have n,t responded to the municipal ID cards that are
23 out thfre and that we need to be able to provide our
24 folks +ith a low-cost financial alternative [bell].
25 to bring attention to the costs; our company


2 officers this service in the City of Oakland and
3 Richmond at no cost to the City or to the taxpayers
4 and.. [interpose}
6 DR. PAULE CRUZ-TAKASH: so I also wanted
7 to say that the San Francisco supervisor estimated
8 that it cost them about $200,000, but their City
9 Clerk that implements this program has estimated that
10 the card costs about $70 per card for that city
11 [background comment] to implement. You all are
12
13
14
talking about ... [interpose]
have... uh justM.
DR. PAULE CRUZ-TAKASH:

Thank you,
multiple sites
do you

15
16 and also city staff that would be required to
17 implement that program, [background comment] so you
18 are talking about a huge, huge budget, not only to
19 implement this program, but to sustain it over time,
20 [interpose]
22 DR. PAULE CRUZ-TAKASH: so we would work".
23 [crosstalk]
24 CHAIRPERSON MENCHACA: And if you have...
25 if you have".

~----------~ -1
'
2 DR. PAULE CRUZ-TAKASH: welcome the
3 apport ity to work with you.
4 CHAIRPERSON MENCHACA: Yeah, thank you,
5 and es ecially, you have testimony that talks about
6 those ricings, we'd love to see that analysis.
7 DR. PAULE CRUZ-TAKASH: Yes. Thank you.
8 [cross alk]
10 ETHAN CARR: Good afternoon everyone; I'm
11 Ethan arr with MasterCard Worldwide; it's a pleasure
12
13
14
to be
being
ere with you today.
ere.
[interpose]
CHAIRPERSON MENCHACA: Thank you for
15 ETHAN CARR: Okay. What I wanna talk
16 about, basically I wanna ask the question we would
17 like y u to consider the financial option as you go
18 forwar with this program, [background comment]
19 becaus we believe it will give greater access to not
20 only c ty services, but also financial services to
21 your r sidents. We see all over the country where
22 the go ernments are at all levels adopting the pre-
23 paid c rd solution and to look at reducing costs,
24 save m ney, add convenience and make it more
25 effici nt for the organization. Since 1990


2 governments have increasingly migrated to direct
3 deposit and pre-paid cards as a way to distribute
4 over $140 billion in payments; this include in the
5 form of grants, unemployment, child support, all
6 kinds of means of government disbursement. We think
7 you'd do a great service to your residents if you
8 give them the ability to be included in that
9 financial service spectrum by allowing them to have
10 that option to get disbursed benefits on the card.
11 [bell]
12
13
14
and thank you for being here.
HALLY CHU:
Thank you for that
Hi, good afternoon; my name

15 is Hally Chu and thank you for the opportunity to
16 testify on behalf of Borough President Gale Brewer of
17 Manhattan. I'm just gonna summarize some of her
18 recommendations which already have been mentioned by
19 a lot of other people. First is that municipal IDs
20 must not become the de facto form of identification
21 for just undocumented and just to provide being
22 stigmatized and the Borough President recommends a
23 host of different services attached to the card,
24 which you've already heard. Second is, municipal IDs
25 need to have NYPD support and that includes a lot of

2 safety measures and security that is incorporated
3 into t e municipal ID card. And third and also
4 fourth the municipal IDs must first not be too
5 costly for citizens to._ for New Yorkers to obtain and
6 also n t too difficult. So the cost, as you can see
7 some o her cities have implemented a sliding scale,
8 and al o difficulty, in terms of language access,
9 [bell), the Borough President strongly encourages uses
10 communtty-based organizations to help with that. So
11 thank ou.
12
' CHAIRPERSON MENCHACA: Thank you for the
13 voice f the Borough President and send her our best.
14 Thank au so much to this panel. We 1 re gonna call
15 the ne t panel up and before I do that I wanna just
16 recogn ze we 1 ve been joined by Council Member Rose
17 and Co neil Member Rodriguez. Gene Judy, Bishop
18 Findla ter from CUSH, Rev. Terry Troia, Project
19 Hospit lity, Rev. Liam O'Doherty from our Lady of

I'
20 Good C unsel Parish. [background comments]
21 And our final panel is Daniel Rose, Dr.
22 Raul H njosa and Freddy Martinez from LSA, Manhattan
23 Togeth r. [background comment] But let's have our
24 first anel speak and we'll start over here from the
25 left. Please introduce yourself; make sure that the

.
~~~~-----~~-

2 rnic is on [background comments], red light.
3 [background comments] Thank you.
4 REV. TERRY TROIA: Hi, uhm... [background
5 comment] thank you for having me; I'm Rev. Terry
6 Troia, Director of Project Hospitality and I sit on
7 the Board of Directors of El Centro del Immigrante in
8 Staten Island, and hello to our Councilperson, Debi
9 Rose and all the other council people, thank you for
16 having us here. I've worked for more than 30 years
11 with homeless people on Staten Island; there is a
12
13
14
group of chronic homeless people in the City of New
York, mostly elderly with memory loss who cannot move
out of shelters because of lack of appropriate

15 documentation. Even in the aftermath of Hurricane
16 Sandy on Staten Island we served non-immigrant
17 families in the city's evacuation center and in FEMA
1B hotels who did not have sufficient identification to
19 apply for necessary services. A municipal ID card
20 similar to programs set up in other cities would
21 really help us move forward for getting chronic
22 homeless people with severe impairments some level of
23 service and housing. I can cite many examples of
24 local Staten Island residents, mostly impoverished,
25 who have been detained, arrested and held at the

4 buildi g or sleeping in a garage or riding a bicycle
5 on the sidewalk or taking a used newspaper out of a
6 garbag can on the Staten Island Ferry or calling the
7 police to report an incident of domestic violence.
8 (bell] Poor people, disabled people, elderly
9 person , persons with profound memory loss and
10 immigr nts who are out of status are among those who
11 bear t e suffering of being hauled in, disappeared
12
13
14
into o r criminal justice system [interpose]
REV. TERRY TROIA:

Thank you.
for not having an ID.
15 Thank ou for ... I... we support Int. 253 with the
16 supper and cooperation of the NYPD to protect the
17 civil ights of our neighbors.
18 CHAIRPERSON MENCHACA: And thanks again
19 for co ing in today; we'll make sure to take your
20 testim ny.
21 _l LIAM O'DOHERTY: 'Kay. Yes, I am Liam
22 O'Dohe~ty; I'm pastor of Our Lady of Good Counsel
23 Church,in Staten Island and also a member of Staten
24 Island Clergy Leadership. Staten Island has the
25 larges~ percentage increase in immigrant population

2
in the City of New York and a large percentage of

180

3 these law-abiding citizens of our borough and our
4 city do not have acceptable means of documentation
s for police stops. For instance, Carlos, not his real
6 name, an elderly man and insulin-dependent diabetic,
7 who collects empty cans for money was arrested for
8 collecting cans in a supermarket cart he had found in
9 an abandoned lot; he was arrested for theft of the
10 cart, he did not have ID; he spent a few days in
11 jail; his family attempted repeatedly to give the

12 police his insulin, but without his insulin he fell
13 into a diabetic coma, ended up in ICU chained to a
14 bed with police assigned to guard his room. After an
15 outcry from the community, the Parish of St. Mary's
16 of the Assumption, in backdoor meetings with the
17 local precinct captain, who explained that he was
18 being held because he did not have acceptable ID.
19 The precinct had agreed to release Carlos from
20 custodyi Carlos almost died. It would have been an
21 unbearably high price to pay for the right to feed
22 his family. For the life of Carlos and for the lives
23 of all immigrants like him, I urge you to make this
24 program a reality. Thank you.


BISHOP ORLANDO FINDLAYTER: Good

181
3 after con, my name is Bishop Orlando Findlayter; I'm
4 the C irman of Churches United to Save and Heal, a
5 clerg organization primarily of Caribbean American
6 and Af ican American pastors. We are proud
7 suppo ers of the rights of all citizens, including
8 those ho are undocumented. We applaud Council
9 Member Carlos Menchaca for introducing the Municipal
10 ID bil and we urge members of this body to support
11 the bi 1, vote for it and let's make municipal ID a
12 realit in New York City. Too many hard-working New
13 Yorker can't open a bank account, can't enter City
14 buildi gs, have difficulty registering their children
15 in sch ols and are fearful every day of being stopped
16 withou the ability to produce a valid, government-
!? issued ID. Municipal ID is a step in the right
18 direct on for this Cityi it will restore dignity to
19 hundre s of thousands of our neighbors who have been
20 margin lized by the nation's broken immigration
21 system We represent the faith community who is
22 overwh lmingly supporting this bill; it is our belief
23 that t is a moral issue; every citizen deserves the
24 right o have an ID [bell] and so we urge to pass
25 this b 11. Thank you.

- ;----,.--~ ---
2
[laugh]
182

3 GENE JUDY: Thank you, Chairman and the
4 members of the Committee. My name is Gene Judy from
5 the First Nation Baptist Church; I want to thank the
6 pastors and the secretary and the administration who
7 accompany me today. The NYC needs a general ID to
8 ensure that everybody in New York can be easily
9 identified. Secondly, it will help all New Yorkers
10 to have something in common, regardless of their
11 immigration status. Third, ID card with a waiver

12 component will reduce the stress level of the
13 homeless population, which constantly needs to fight
14 to identify themselves because they have lost their
15 document after losing their bed. Last; not the
16 least, NYC ID will help the undocumented residents to
17 hold a legal document they can call theirs and by
18 simulation they will feel 100 percent New Yorkers.
19 Research shows that it takes seven years for an
20 immigrant to accept their adoptive land; by issuing
21 the ID card you will reduce the stress level on the
22 immigration and help them to integrate the society
23 less than seven years. [bell] Thank you for
24 listening.

25
2
CHAIRPERSON MENCHACA: Thank you so much

183
3 to th' panel again. And we'll be in touch with you
6 Master ard, Dr. Raul.~ yes ... Dr. Raul Hinjosa; Freddy
7 Martin z from LSA, And we've been joined by Council
8 Member Brad Lander, Council Member Mark Levine and I
9 think already mentioned, but Council Member Debi
10 Rose [ ackground comment] from Staten Island.
11 [backg ound comments]
12 I COUNCIL MEMBER LANDER: Mr. Chairman,
13 thank fou so much for your leadership on this; it's
14 wonderful to be a part of this historic hearing and I
15 appreciate all the testimony; the leadership that you
16 and Co neil Member Dromm and the Speaker are
17 provid ng in making this move forward to reality.
18 CHAIRPERSON MENCHACA: Thank you, thank
19 you so much Council Member Lander. And we'll give an
20 apport ity for Council Members to say... quick moment
21 at the end, after this panel. Let's begin.
22 PROF. RAUL HINJOSA: How do you do,
23 member, of the Council? I am Professor Raul Hinjosa
24 at UC~; I'm also the CEO of Liberation Card
Servic~s, which is a company dedicated to exactly
25
2
what we're talking about here, empowering the

184

3 undocumented and empowering the unbanked throughout
4 cities and we are now actively doing ID cards with
5 banking services built in in California, which I flew
6 out to talk with you for a minute for, but I
7 appreciate the opportunity. We think that the
8 solution that we have now spearheaded in California
9 in the last year is the solution for New York,
10 particularly for the type of issues that were raised
11 here, the scarlet letter issue. While there's half- I
12
13
a-million undocumented in New York, there's almost a
million under-banked and people that don't have e!

14 access to proper identification; that's the way you
15 do it, through a combination of an ID card with an
16 advanced set of financial services at the same time.
17 Second thing, the cost issue is extremely important;
18 [bell] I don't think that it's been even given good,
19 adequate information. What we're seeing in the case
20 of the cities where they -- both New Haven and San
21 Francisco -- they require huge government subsidy;
22 what we have done is not only have extremely low_.
23 basically zero cost to the city [background comment)
24 for the implementation of this, but also providing

25
~~-----------------,,-----, ---~........-
2 finantia~ services, which are the lowest in the
3 count 1n terms of being able to access ... [crosstalk]
5 PROF. RAUL HINJOSA: zero fee options for
6 peopl that have this. [crosstalk]
8 PROF. RAUL HINJOSA: Finally, the issue
9 it' not just Macy's that you wanna get involved
10 in thi ; we provide a mechanism whereby all local
11 busine sea can also participate in this program, all

12 built hrough something that everybody also has in
13 their ockets, which is [background comment] a mobile
14 phone, which is the future, and so I suggest you look
15 at tha alternative at the same time that you look at
16 the o+ers, [interpose]
17 I CHAIRPERSON MENCHACA: And we... and we
18 definitely will. And if there's anything you wanna
19 give ut I know you gave us a packet, thank you so
20 much ftr that.
21 I DANIEL ROSE: Good afternoon; I'm Daniel
22 Rose; m from MasterCard, the payments network. I
23 think ,hat the idea, the concept of the ID card is a
24 home1, so I think... congratulate you on that; I

25 think ~ts a winner. However, I think you're missing
2
an opportunity and I'm gonna, you know, piggyback off

186

3 of what Dr. Raul Hinjosa said, that I think financial
4 inclusion is an important aspect that could be
5 addressed with the same imitat'ive. Here in the New
6 York City area, in the New York City metropolitan
7 area, the FDIC did an under-banked study; about 24
8 percent of the households in the metropolitan... in the
9 New York City area are under-banked, so they don't
10 have access to the financial mainstream. I believe
11 by... and you coupling the payment functionality with

12 the ID card that you'll hit a homerun and address a
13 lot of issues that a lot of these under-banked
14 families have today.
15 CHAIRPERSON MENCHACA: Thank you for
16 that.
17 FREDDY CRUZ MARTINEZ: So good afternoon
18 everyone. My name is Freddy Cruz Martinez; I'm a
19 volunteer leader with Little Sisters of the
20 Assumption Family Health Services, Manhattan Together
21 and Metro IAF, so finally I'm here to testify. Eight
22 years ago, while coming home from late work, I was
23 stopped by the police; they asked, "Do you hear the
24 gunshot?" I said, "No. n They asked to see my ID and

25 I show my Mexican consular ID, [background comment]
-------------------,--------- ---
2 they
aid this is fake; [background comment] I was

187
3 afrai because I thought that they would take me to
4 the j il; fortunately, all they did was search me,
5 asked me a few questions and let me go, but others
6 haven't been so lucky. We've heard many story of
7 peopl in our community that have been taken to the
8 prise s for hours when they couldn't produce an ID
9 that e police recognize. So like Metro lAP, member
10 ations, we at Little Sisters, we [bell]
11 produce our own IDs like the police

12 recogn ze. A local credit union even lets people
13 open u an account with them.
15 FREDDY CRUZ MARTINEZ: Yes.
16 CHAIRPERSON MENCHACA: So thank you, and
17 we wa a make sure to take that testimony and again,
18 thank ou for your own personal experience and really
~9 giving us a sense of what we've been hearing
20 throug,out the entire hearings. So thank you to this
21 panel. I [crosstalk)
22 I FREDDY CRUZ MARTINEZ: Great.
24 to thi panel. And we 1 re gonna... I'm gonna allow for

25
2
Council Member Rose to say a few words and then I 1m

188

3 gonna close up and say thank you to all.
4 COUNCIL MEMBER ROSE: Thank you so much,
5 Chair and I will be brief. I just want to thank you
6 so much for pushing this legislation along; several
7 years ago in my district we had a proliferation of
8 bias crimes against undocumented Mexican residents in
9 my district and we found that one of the major causes
10 were, they were crimes of opportunity, because the
11 day laborers were carrying all of their cash on them

12 because they had no safe way of keeping their funds
13 secure, and because they lacked identification they
14 were not able to open up bank accounts, and so in
15 conjunction with the Mexican Consulate, we, I
16 believe, started the first precursor by getting them
17 at least their Mexican ID so that they have
lB identification and we brokered a deal with the banks
19 to accept that ID so that they could then open up
20 their accounts. And we have subsequently not had
21 anymore of those type of bias crimes. And so we 1 ve
22 seen the [background comments} benefit of ID, but ID
23 is important to everyone because it will change the
24 economic disparities in communities where people lack

25 ID. And what happens is, people have to go to
------------------,-------------~-------- ----
2
preda cry services, they have to go to check cashing

189
3 place , they have to go [bell] to rent-a-centers,
4 they ave to go to places where they get less for
5 their dollar and it perpetuates the financial
6 inequ ties. So I wauna thank you so much, Chairman
7 Menc ca for, you know, pushing this legislation
a forwa d.
9 CHAIRPERSON MENCHACA: Thank you so much,
10 Counc"l Member Rose. And really, I think what that
11 says s that so much of this work has really happened

12 even efore this session started with so many of our
13 senio council members in the City Council and what I
14 wanna o is just let you know for the record that the
15 Centra American Legal Assistance Group, the New York
16 Legal ssistance Group, Safe Horizon, New York City
17 Gay an Lesbian Antiviolence Project, the Coalition
18 for As an American Children and Families, SEIU 32BJ,
19 NYS In erfaith Network also dropped off testimony for
20 the rerord I wanna thank the incredible staff that
21 has pui so. much time; you heard earlier that day one
22 I camein with the strength of horses really to push
23 this f1rward, but this would not have happened if it
24 wasn't for Julian Beckford, Jennifer Montalvo [sp?]

25 on the Committee staff, Lee Wellington, my Chief of
-- --~-.~---- ----- -----.-.,--~-~~----------------------

2 Staff, Mary Brooke from my office as well, Ivan
3 Luevanos and Faisal Ali, who just joined us,
4 Sebastian McGuire from Danny Dromm's office, and so
5 many more of the Speaker's office that have put so
6 many hours in analyzing this information and will
7 continue to analyze everything we've heard today.
8 And so really in closing, what I wanna say is that
9 you've heard today no just from organizations and
10 advocates, you've heard from New Yorkers at the
11 beginning, you've heard from the Administration, the

12 Operations and MOIA about the commitment that both
13 the City Council and the Mayor have to making this
14 happen; everyone is at the table under the pillars of
15 this entire project that range from safety and fraud
16 protection and making sure that people have access,
17 not just at our immigrant New Yorkers' base, but
18 really everybody that wants to be able to connect and
19 unify around this card is understood and we're gonna
20 keep on moving forward, this is our first hearing and
21 were gonna come back to you with more information
22 and analysis as we move forward. So with that I'm
23 gonna say thank you so much for staying; I know we
24 over-stood our stay and I hope you stay for the next

25 hearing, chaired by our Chairman of Transportation,
--------------------------------,
2
1
Ydani
Rodriguez. Thank you so much and this

191
3 concl des our hearing.
4 [gavel]
10
11

12
13
14
15
16
17
18
19
20
21
22
23
24

25
C E R T I F I C A T E

World Wide Dictation certifies that the
foregoing transcript is a true and accurate
record of the proceedings. We further certify that
there is no relation to any of the parties to
this action by blood or marriage, and that there
is interest in the outcome of this matter.

. _,
., ' ,_
--"'"""~~'-
Date _ _ _ _..:M"'a'-'y'-"1'-'9'-''----'2'-"0"1"4'-----

I I Case 1:16-cv-01496-BKS-DJS Document 36-7 Filed 04/20/17 Page 1 of 118
'
EXHIBIT
F
)
CITY COUNCIL
CITY OF NEW YORK
-------------- ---- ------ X
TRANSCRIPT OF THE MINUTES
Of the
STATED MEETING
- --- - -- - - ------ - - - -- ---- X
June 26, 2014

Start: 1:56 p.m.
Recess: 4:02 p.m.
HELD AT: Council Chambers - City Hall
B E F 0 R E:
LETITIA JAMES
Chairperson
MELISSA MARK-VIVERITO
Speaker for the Council
COUNCIL MEMBERS:
Maria Del Carmen Arroyo
Inez D. Barron
Fernando Cabrera
Margaret S. Chin
Andrew Cohen
Costa G. Constantinides
Robert E.Cornegy
Elizabeth S. Crowley
Laurie A. Cumbo
Chaim M. Deutsch
Inez E. Dickens
Daniel Dronun
Rafael L.Espinal, Jr.
Mathieu Eugene
World Wide Dictation 545 Saw Mill River Road- Suite 2C, Ardsley, NY 10502
Phone: 914-964-8500 * 800-442-5993 *Fax: 914-964-8470
www. WorldWideDictation.com
Julissa Ferreras
Daniel R. Garodnick
Vincent J. Gentile
Vanessa L. Gibson
David G. Greenfield
Vincent Ignizio
Core D. Johnson
Ben Kallas
Andy L. King
Peter A. Koo
Karen Koslowitz
Rory L. Lancman
Brad S. Lander
Stephen T. Levin
Mark Levine
Alan N. Maisel
Steven Matteo
Darlene Mealy
Carlos Menchaca
Rosie Mendez
I. Daneek Miller
Annabel Palma
Antonio Reynoso
Donovan J. Richards
Ydanis A. Rodriguez
Deborah L. Rose
Helen K. Rosenthal
Ritchie Torres
Mark Treyger
Eric A. Ulrich
James Vacca
Paul A. Vallone
James G. Van Bramer
Mark S. Weprin
Jumaane D. Williams
Ruben Wills
1 STATED MEETING 4
2 [sound check]
3 SPEAKER MARK-VIVERITO: Twelve hours ago,
4 we passed a great budget for the City of New York,
5 and I want to thank everyone that was here. We are
6 going to started today's Stated with two ceremonials.
7 One by Council Member Koo. We're going to start off
8 with that one. He is giving recognition and issuing
9 proclamations to four Con Ed workers who saw--
10 [background comment] five Con Ed workers who saw two
11 cars collide and raced to rescue a baby and two women
12 after the accident caused a light pole to topple over
13 with live electrical wires and gasoline spreading on
14 the street. These are the kinds of ceremonials that
15 I really enjoy in this chamber, people that step up
16 to the plate. And so, thank you, Council Member Koo,
17 for doing this today.
18 COUNCIL MEMBER KOO: [off mic] Well,.
19 thank you. [on mic] May I ask the Con Ed employees
20 come up? [applause] Really, Con Ed. Which?
21 SPEAKER MARK-VIVERITO: Go right ahead.
22 COUNCIL MEMBER KOO: Okay, my colleagues,
23 Speaker, and members of the public. They told us
24 [sic] five Con Ed workers when they are working they
25 saw an accident and they rescued a baby and two women

1 STATED MEETING 5
2 trapped in an auto accident. And then when the two
3 cars they were driving collided bringing down a
4 traffic light and exposing the electric wires to
5 spilled gasoline. These workers they immediately run
6 over to the scene, and rescue the baby out of the
7 car, and also the two lady drivers. And so, we are
8 here to commend them for the heroic efforts in
9 addition to their regular work. They are always
10 working very hard to make sure we have energy, we
11 have light, and we have power. It is really
12 critical. People don't realize just how important is
13 it. Once we have a power outage, we realize we
14 cannot do anything. So we are here to recognize the
15 heroic efforts. This is the City Clerk with the
16 proclamation piece.
17 CLERK: Council City of New York
18 Proclamation.
19 Whereas, the Council of the City of New
20 York is proud to honor Rich Coyle, Chris Jensen,
21 Mauricio Rincon, William Connolly, and James DeVita
22 for their heroic life saving rescue in Flushing,
23 Queens, and
24 Whereas, the DMV recorded nearly 295,000
25 car crashes in 2012 in New York State alone and more

1 STATED MEETING 6
2 than 1,000 of those crashes resulted in fatalities.
3 Within New York City, approximately 4,000 New Yorkers
4 are seriously injured, and more than 250 are killed
5 each year in traffic crashes. As the City of New
6 York reaffirms its bold commitment improving street
7 safety through the Vision Zero program and other
8 measures, we are proud to recognize five individuals
9 all Con Edison workers who recently went above and
10 beyond their call of duty to ensure the safety of
11 their fellow New Yorkers, and
12 Whereas, on Tuesday, May 20th, Con Edison
13 Workers James DeVita, Rich Coyle, Chris Jensen,
14 Mauricio Rincon, and William Connolly were in
15 Flushing, Queens installing an overhead transformer
16 new P.S. 62 at the intersection of Francis Lewis
17 Boulevard and 53rd Avenue. From this area perch, the
18 men suddenly heard a tremendous crash as two cars
19 colliding sending one vehicle careening into a
20 pedestrian crossing sign. In a split second a
21 traffic light slammed to the ground, electric wires
22 were exposed and gasoline began to spew from one of
23 the cars. Within this cacophonous scene, the men
24 could see the drivers of both vehicles trying to get
25 out; and
1 STATED MEETING 7
2 Whereas, although they immediately
3 recognized the dangerous mix of gasoline and voltage,
4 these Con Edison workers immediately lowered
5 themselves, and putting the safety of the strangers
6 before their own, they ran toward the crash. As they
7 reached the cars, the gasoline continued to spill,
8 they spotted a baby girl in the back seat. As gas
9 fumes grew stronger, James DeVita, Rich Coyle, and
10 Chris Jensen worked to free the infant from her seat
11 by cutting through the straps and also carrying the
12 unconscious woman from the driver's seat. Meanwhile,
13 Mauricio Rincon pulled another injured woman from
14 behind the wheel of another car through her undamaged
15 rear door. William Connolly immediately dialed 911,
16 and worked with others to get all of the victims far
17 enough away from the accident. And consoled the
18 families until NYPD and FDNY r~sponders arrived to
19 take over the scene.
20 Now, therefore, be it know, that the
21 Council of the City of New York gratefully honors
22 Chris Jensen, James DeVita, Rich Coyle, Mauricio
23 Rincon, and William Connolly for the life saving
24 rescue of two women and a child on May 20, 2014.
25 Melissa Mark-Viverito, Speaker for the entire

1 STATED MEETING 8
2 Council, Peter Koo, Council Member, 20th District
3 Queens. [applause, cheers]
4 SPEAKER MARK-VIVERITO: Again, thank you.
5 As the clerk was reading that, wow. Right? The
6 suspense and knowing the danger I mean it really
7 brings to light really what an effort you took to
8 save those lives, and we thank you for that. You not
9 only did this individually, you worked collectively,
10 and you really made something miraculous happen. So
11 thank you so much for your efforts. I'm not sure.
12 Does any one of you want to speak on behalf of the
13 group? Say a few words? Again, we want to thank
14 Peter for bringing this to our Chambers.
15 MALE SPEAKER: So I just want to thank
16 the Chamber for recognizing my crews. Thank you for
17 recognizing. We are very proud of them at Con
18 Edison. We spend a lot of time in training in
19 emergency response, and we're very proud that they
20 were able to protect the public in the manner that
21 they did. So thank you, again. [applause, cheers.]
22 SPEAKER MARK-VIVERITO: Thank you. Thank
23 you both. [background comments]
24 SPEAKER MARK-VIVERITO: Okay, we have
25 one--one more ceremonial by Council Member Cabrera on

1 STATED MEETING 9
2 behalf of the Bronx Community College Nursing
3 Program, and I'll had it over to the Council Member.
4 Oh, and the Bronx Delegation as well.
5 COUNCIL MEMBER CABRERA: Madam Speaker,
6 thank you so much, and I love your T-shirt.
7 Beautiful. Limited Edition. We want to congratulate
8 also the United States Soccer Team for advancing.
9 [applause] Awesome, awesome. But it gives me great
10 honor as Bronx Community College they make their way.
11 It gives me great honor to-- We are going to be
12 facing that way yes. Beautiful. It gives me great
13 honor to talk to you, and to give you the great news
14 that the Nursing Program at Bronx Community College
15 out of 77 practical nursing programs in school in the
16 State of New York were ranked number one [applause,
17 cheers] in the State of New York. As a matter of
18 fact, the ranking was based on the National Council
19 Licensure Examination for Practical Nurse Exam, which
20 is considered one of the best measures to determine
21 how well a school is preparing its students for a
22 career in practical nursing. As a matter of fact,
23 since 1991, from its very first day, every year since
24 1991, every student has aced the exam with 100% score
25 with the exception of three years. This is an

1 STATED MEETING 10
2 amazing program, a program that I always tell young
3 people to go and sign up because if you get in,
4 you're going to come out a five star nurse. And so,
5 congratulations to Bronx Community College Nursing
6 Program. [applause] Madam Speaker. To the clerk
7 to do the reading.
8 CLERK: Council City of New York
9 Proclamation. Since 1957, Bronx Community College,
10 BCC, has advanced from its humble beginnings of 123
11 students to become the educational cornerstone in the
12 success of tens of thousands of students. Over the
13 last 57 years, BC has been a leader in education
14 ensuring that its students receive the quality
15 instruction, skills, and training needed for future
16 success. In 2012, BCC became the nation's first
17 community college campus to be designated a national
18 historical landmark, and
19 Whereas, each semester BCC provides
20 nearly 12,000 students with quality academic
21 programs, and outstanding faculty, and flexible class
22 schedules to equip them for the 21st Century
23 opportunities. These ambitious students represent
24 over 100 countries, but all share a passion for
25 learning and achievement. This is particularly

I
1 STATED MEETING 11
2 evident in its Licensed Practical Nursing Program, an
3 evening and weekend program within the Department of
4 Nursing and Allied Health Sciences that offers 22
5 transferrable nursing credits to BCC's RN Program.
6 Upon successful completion of the course work,
7 students are eligible to sit for the New York State
8 National Council Licensure Examination for Practical
9 Nurses, and
10 Whereas, this year practicalnursing.org,
11 a national organization dedicated to providing
12 students with better transparency regarding practical
13 and vocational nursing programs recognized Bronx
14 Community College's Licensed Practical Nursing
15 Program number one among New York State's 77
16 practical nursing programs in schools, and
17 Whereas, this ranking based on National
18 Council Licensure Examination passing rates is
19 considered across the country as one of the best
20 measures for determining how well a school is
21 preparing their students for a career in practical
22 nursing. BCC's Licensed Practical Nursing Program was
23 the only one to receive a perfect 100% score. Over
24 the last five years every BCC student, who
25 successfully completed the Practical Nursing Program

.. Case 1:16-cv-01496-BKS-DJS Document 36-7 Filed 04/20/17 Page 13 of 118
1 STATED MEETING 12
2 went on to ace the exam required of all licensed
3 nurses in New York.
4 Now, therefore, be it known that the
5 Council of the City of New York honors and
6 congratulates the Bronx Community College Licensed
7 Practical Nursing Program for its well-earned
8 recognition as the number one practical nursing
9 program in New York State. Melissa Mark-Viverito,
10 Speaker for the entire Council and Fernando Cabrera,
11 Council Member, 14th District Bronx, and the rest of
12 the Council Members of the Bronx Delegation.
13 SPEAKER MARK-VIVERITO: Okay. Thank you
14 so much. [applause] To all of you that are here,
15 all those that run the lead--the Nursing Program for
16 Bronx Community College and to the Bronx Delegation
17 for bringing this to our attention. It is a great
18 honor to be able to present you with a proclamation
19 your success. And it's something to be proud of in
20 the City of New York. We definitely encourage people
21 to enroll. So thank you very much for being here.
22 Anybody want to speak on behalf of--? Yes.
23 FEMALE SPEAKER: On behalf of Bronx
24 Community College, our President Dr. Berotte Joseph,
25 the Program Director for the Licensed Practical Nurse

' . Case 1:16-cv-01496-BKS-DJS Document 36-7 Filed 04/20/17 Page 14 of 118
1 STATED MEETING 13
2 Program, who couldn't be here today, Professor Ellen
3 Boyce, we would like to say we are very proud of our
4 achievement. And we would like to thank you very
5 much for honoring us. Thank you. [applause]
6 SPEAKER MARK-VIVERITO: [off mic] Thank
7 you all. And that concludes ceremonials.
8 [Pause]
9 SERGEANT-AT-ARMS: Ladies and gentlemen,
10 can I have your attention, please? Can I please have
11 your attention. At this time, please place all
12 electronic devices, all electronic devices to
13 vibrate. Will all non-Council employees, non-Council
14 employees please the main floor of the Chambers. We
15 have seating upstairs. Can I have quiet in the
16 Chambers, please?
17 [Pause]
18 [gavel]
19 SERGEANT-AT-ARMS: All rise.
20 PREISDENT JAMES: All rise for the Pledge
21 of Allegiance.
22 [Pledge of Allegiance]
23 FEMALE VOICE: Roll call.
24 CLERK: Arroyo.
25 COUNCIL MEMBER ARROYO: Here.

..
1 STATED MEETING 14
2 CLERK: Barron.
3 COUNCIL MEMBER BARRON: Present.
4 CLERK: Cabrera.
5 COUNCIL MEMBER CABRERA: Here.
6 [background noise]
7 SERGEANT-AT-ARMS: Quiet in the Chambers,
8 please.
9 [gavel]
10 CLERK: Chin.
11 COUNCIL MEMBER CHIN: Here.
12 CLERK: Constantinides.
13 COUNCIL MEMBER CONSTANTINIDES: Here .
14 CLERK: Cohen.
15 COUNCIL MEMBER COHEN: Here.
16 CLERK: Cornegy.
17 COUNCIL MEMBER CORNEGY: Present.
18 CLERK: Crowley.
19 COUNCIL MEMBER CROWLEY: [off mic]
20 CLERK: Cumbo.
21 COUNCIL MEMBER CUMBO: [off mic]
22 CLERK: Deutsch.
23 COUNCIL MEMBER DEUTSCH: Yes.
24 CLERK: Dickens.
25 COUNCIL MEMBER DICKENS: Here.

1 STATED MEETING 15
2 CLERK: Dromrn.
3 COUNCIL MEMBER DROMM: Here.
4 CLERK: ~spinal.
5 COUNCIL MEMBER ESPINAL: [off mic]
6 CLERK: Eugene.
7 COUNCIL MEMBER EUGENE: Present.
8 CLERK: Ferreras.
9 COUNCIL MEMBER FERRERAS: [off mic]
10 CLERK: Garodnick.
11 COUNCIL MEMBER GAROLDNICK: Here.
12 CLERK: Gentile.
13 COUNCIL MEMBER GENTILE: Here.
14 CLERK: Gibson.
15 COUNCIL MEMBER GIBSON: Here.
16 CLERK: Greenfield.
17 COUNCIL MEMBER GREENFIELD: Here.
18 PRESIDENT JAMES: Quiet in the Chambers,
19 please for roll call. Please quiet.
20 SERGEANT-AT-ARMS: Quiet down.
21 CLERK: Johnson.
22 COUNCIL MEMBER JOHNSON: Here.
23 CLERK: Kallos.
24 COUNCIL MEMBER KALLOS: Here.
CLERK: King.
)
25
Case
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1:16-cv-01496-BKS-DJS Document 36-7 Filed 04/20/17 Page 17 of 118
1 STATED MEETING 16
2 COUNCIL MEMBER KING: Present.
3 CLERK: Koo.
4 COUNCIL MEMBER KOO: Presenl.
5 CLERK: Koslowitz.
6 COUNCIL MEMBER KOSLOWITZ: Here.
7 CLERK: Lancman.
8 COUNCIL MEMBER LANCMAN: Here.
9 CLERK: Lander.
10 COUNCIL MEMBER LANDER: Here.
11 CLERK: Levin.
12 COUNCIL MEMBER LEVIN: Here.
13 CLERK: Levine.
14 COUNCIL MEMBER LEVINE: Here.
15 CLERK: Maisel.
16 COUNCIL MEMBER MAISEL: Here.
17 CLERK: Matteo.
18 COUNCIL MEMBER MATTEO: Here.
19 PRESIDENT JAMES: Please quiet down in
20 the Chambers. Please simmer down. Roll call.
21 CLERK: Mealy.
22 COUNCIL MEMBER MEALY: [off mic]
23 CLERK: Menchaca.
24 COUNCIL MEMBER MENCHACA: Presente.
25 CLERK: Mendez.
' '
1 STATED MEETING 17
2 COUNCIL MEMBER MENDEZ: Here.
3 CLERK: Miller.
4 COUNCIL MEMBER MILLER: Here.
5 CLERK: Palma.
6 COUNCIL MEMBER PALMA: [off mic]
7 CLERK: Reynoso.
8 COUNCIL MEMBER REYNOSO: Present.
9 CLERK: Richards.
10 COUNCIL MEMBER RICHARDS: Present.
11 CLERK: Maisel.
12 COUNCIL MEMBER MAISEL: Here.
13 CLERK: Rodriguez.
14 COUNCIL MEMBER RODRIGUEZ: Present. [off
15 mic]
16 CLERK: Rose.
17 COUNCIL MEMBER ROSE: Here.
18 CLERK: Rosenthal.
19 COUNCIL MEMBER ROSENTHAL: Here.
20 CLERK: Espinal.
21 COUNCIL MEMBER ESSPINAL: Here.
22 CLERK: Torres.
23 COUNCIL MEMBER TORRES: [off mic]
24 CLERK: Miller.
25 COUNCIL MEMBER MILLER: Here.

1 STATED MEETING 18
2 CLERK: Treyger.
3 COUNCIL MEMBER TREYGER: Here.
4 CLERK: Ulrich.
5 COUNCIL MEMBER ULRICH: Here.
6 CLERK: Vacca.
7 COUNCIL MEMBER VACCA: [off mic]
8 CLERK: Vallone.
9 COUNCIL MEMBER VALLONE: Madam Advocate,
10 permission to vote aye on all matters on today's
11 calendar including on Land Use Call-ups.
12 PUBLIC ADVOCATE JAMES: Yes.
13 COUNCIL MEMBER VALLONE: Thank you very
14 much.
15 [Pause}
16 PUBLIC ADVOCATE JAMES: Yes, taking a
17 vote.
18 CLERK: Weprin.
19 COUNCIL MEMBER WEPRIN: Here.
20 CLERK: Williams.
21 COUNCIL MEMBER WILLIAMS: Here.
22 CLERK: Wills.
23 COUNCIL MEMBER WILLS: Here.
24 CLERK: Ignizio.
25 COUNCIL MEMBER IGNIZIO: Here.

1 STATED MEETING 19
2 CLERK: Van Bramer.
3 COUNCIL MEMBER VAN BRAMER: Here.
4 CLERK: Speaker Mark-Viverito.
5 SPEAKER MARK-VIVERITO: [off mic) Here.
6 PUBLIC ADVOCATE JAMES: Please rise for
7 the Invocation delivered by Reverend Pat Bumgardner,
8 Executive Director of Global Justice Institute,
9 Metropolitan Community Churches. Please rise.
10 Everyone remain quiet.
11 REVEREND BUMGARDNER: [off mic] When New
12 Yorkers woke up this morning [on mic) they learned
13 why this municipality is sometimes dubbed the city
14 that never sleeps. Because you, the members of the
15 New York City Council were hard at work passing a
16 budget that expands daycare programs, and gives every
17 middle-school child the assurance of this day's daily
18 bread. And provides scholarships for some and after
19 school programs for other. You were hard at work on
20 a budget that funds a summer jobs program for teens,
21 and makes sure that community centers stay open. You
22 were working on a budget that invests in affordable
23 housing, and ensures services for mentally ill
24 inmates. The most diverse council in the history of
25 our city did a most amazing thing. It put our money

1 STATED MEETING 20
2 where many of our hearts are with those most in need
3 of our care and protection. As the pastor of a
4 community of faith where many have been among those
5 seeking asylum and a chance at freedom, and a better
6 life. I want to personally thank you for now making
7 sure that every poor, poor and born New Yorker in
8 immigration detention will be able to seek and have
9 legal representation at the deportation hearings.
10 Restoring the promise of a statute not far away,
11 "Give me your poor, your tired, and your huddled
12 masses."
13 Many years ago, the great preacher and
14 prophet, the Reverend Dr. Martin Luther King spoke of
15 Rip Van Winkle as the man who slept through a
16 revolution. When he went up the mount, King said the
17 sign said, King George. And when he came down, it
18 read President George. You have not only remained
19 awake, but positioned yourselves as leaders in a
20 great a revolution of change that sees difference not
21 as something that separates us. But as the very
22 special something that gives us the opportunity to
23 cross previously erected social borders, and be more
24 together than we ever possibly could have been alone
25 or apart.
' . I '
1 STATED MEETING 21
2 You are helping our city learn the lesson
3 of America's greatness, namely that oneness is not
4 about muting our differences. It is not about
5 uniformity or conformity. Rather, it is about
6 reciprocity and mutuality, and sharing what we have
7 with other who many be different from us on the
8 outside, but bear a strong familiar difference on the
9 inside as members of the one family of God.
10 And so, today as you begin your work, let
11 us pray that God will continue to give you the
12 courage and conviction, the stamina and grace it
13 takes to do the things that will model for the world
14 what a city at peace with its own diversity looks
15 like, and how it is governed. Let us pray that
16 borders and boundaries once used to segregate and
17 exclude become the crossing over places where we have
18 the opportunity to learn together, and expand our
19 horizons together.
20 As we approach this Sunday's LGBT Pride
21 March, may our focus be on all we hold in common, as
22 human beings, and our hope and prayer be for the day
23 when all people, Black people and White people,
24 people of Asian descent and African heritage, Native
25 Americans and immigrants. All people of every sexual

''
1 STATED MEETING 22
2 orientation and gender identity of every culture,
3 class and creed shall live together in peace. Equal
4 not only in the eyes of God, but under our cities and
5 our nations and our world's codes and covenants. We
6 have won when we are one. May that sacred truth
7 guide every choice and decision. I ask this blessing
8 today in the name of all that's good and holy. Amen.
9 COUNCIL MEMBER: Amen.
10 PUBLIC ADVOCATE JAMES: Motion to spread
11 the Invocation in full upon the record by Council
12 Member Johnson.
13 COUNCIL MEMBER JOHNSON: Thank you, Madam
14 Public Advocate, and I want to--
15 PUBLIC ADVOCATE JAMES: Quiet in the
16 Chambers, please.
17 SERGEANT-AT-ARMS: Quiet down, please.
18 Quiet down.
19 PUBLIC ADVOCATE JAMES: Council Member
20 Johnson.
21 COUNCIL MEMBER JOHNSON: Thank you Madam
22 Public Advocate, and I want to thank Reverend Pat
23 Bumgardner for being here today. Metropolitan
24 Community Church --
25 [background discussion]
' '
1 STATED MEETING 23
2 PUBLIC ADVOCATE JAMES: Please, quiet in
3 the Chamber. Please everyone take their seat. Thank
4 you. Council Member Johnson.
5 COUNCIL MEMBER JOHNSON: Metropolitan
6 Community Church of New York is a spiritual home for
7 the lesbian, gay, bisexual, and transgender community
8 located on 36th Street in Manhattan in my district,
9 and is open to everyone. Reverend Pat who has been
10 with MCC New York for 30 years, and is a senior
11 pastor. She is also a resident of my district and is
12 nenown around the world for her work on the rights of
13 LGBT people and their families. MCC's work is not
14 just around faith, but working towards of an LGBT
15 person here in New York, the United States and around
16 the world to be treated with dignity and respect.
17 [background discussion.] They do this by housing the
18 Global Justice Initiative~ which advocates for human
19 and LGBT rights around the world. They pride
20 themselves on being a safe space for anyone, but in
21 particular LDBT and Queer Youth, many of whom are
22 homeless. MCC is a food pantry program that is open
23 to anyone who is hungry, and perhaps most importantly
24 they shelter LGBT youth in a safe and welcoming
25 environment.
I 1 \
1 STATED MEETING 24
2 Metropolitan Community Church of New York
3 encompasses the values of the Third Council District
4 and of the City of New York. And I believe that
5 today, two days, three days before the 45th
6 anniversary of the Stonewall uprising there is no
7 better person to spread the Invocation here at the
8 City Council than the Reverend Pat Bumgardner, Senior
9 Pastor at the Metropolitan Community Church. I thank
10 you Reverend for a wonderful Invocation, and for all
11 that you have done in our city on a day-to-day basis.
12 Thank you very much.
14 Vallone.
15 COUNCIL MEMBER VALLONE: Madam Advocate,
16 permission to aye on all matters on today's including
17 the Land Use Call-ups.
19 COUNCIL MEMBER VALLONE: Thank you very
20 much.
21 PUBLIC ADVOCATE JAMES: Thank you.
22 Council Member Wills.
23 COUNCIL MEMBER WILLS: May I have a
24 minute to explain my vote?

1 STATED MEETING 25
2 COUNCIL MEMBER WILLS: Thank you. I do
3 apologize for voting and leaving. I do have a
4 graduation to go to. But I just wanted to say on the
5 record that I had every intention on coming here
6 today and voting no on this bill. I didn't believe
7 that this bill was drafted with everybody in mind,
8 but a certain group. But then, everybody else was
9 included. But the gentleman from Brooklyn, Carlos
10 Menchaca, had a conversation with me yesterday. And I
11 really want to tell you I appreciate it. I do not
12 agree with any group of people that our outside of
13 our lega:l framework with immigration, but I also have
14 to say that I do not believe any group should face
15 any oppression whether it's financial, political,
16 spiritual or any others. People are here inside of
17 our borders for a greater chance at life. This
18 municipal I.D. card has been explained to me in
19 detail, again by the gentleman. And I wanted to just
20 tell you that I do appreciate. Ms. Bertha Lewis
21 [phonetic] gave me stats on how many are actually in
22 my district. This Council has passed funding for
23 citizenship now, which is my office. We have an
24 attorney two days a week, and the stories that have
25 come in have--
1 STATED MEETING 26
2 PUBLIC ADVOCATE JAMES: [interposing]
3 Council Member, can you please bring your comments to
4 a close?
5 COUNCIL MEMBER WILLS: I'm sorry. Yes, I
6 will. So with that, I do want to thank you again.
7 And I keep going over and over again, the gentleman
8 Carlos Menchaca from Brooklyn. You definitely are a
9 gentleman, and because of that and because of your
10 honesty, I vote aye.
12 Adoption of minutes.
13 CLERK: None.
14 PUBLIC ADVOCATE JAMES: Messages and
15 paper from the Mayor.
16 CLERK: M80 submitting Cheryl Cohen for
17 appointment to the City Planning Commission.
18 SPEAKER MARK-VIVERITO: Rules,
19 Privileges, and Elections.
20 CLERK: M81 submitting Bomee Jung for
24 CLERK: M82 submitting Marcie Kesner for
25 appointment to the Landmark Preservation Commission.

. '
1 STATED MEETING 27
4 CLERK: M83 submitting Larisa Ortiz for
8 PUBLIC ADVOCATE JAMES: Communication
9 from City, County, and Borough Offices.
10 CLERK: None.
11 PUBLIC ADVOCATE JAMES: Petitions and
12 Communications.
13 CLERK: None.
14 PUBLIC ADVOCATE JAMES: Land Use Call-
15 Ups.
16 CLERK: None.
17 PUBLIC ADVOCATE JAMES: Communication
18 from Speaker Melissa Mark-Viverito.
19 SPEAKER MARK-VIVERITO: Thank you, Madam
20 Public Advocate. Not too long ago we all met in
21 these Chambers to pass a wonderful budget. And as
22 was mentioned by Council Member Cabrera before, we
23 took a point of personal privilege earlier. We
24 started a little bit late because we were in the
25 Members' Lounge watching USA play. [whistles] They

r I
1 STATED MEETING 28
2 advanced, which is a good thing. [applause] So, I'm
3 excited for that.
4 One of the items-- I want to talk about
5 a couple of things. One of the items on our agenda
6 today is going to be our street co-naming bill,
7 something we do about twice a year. And as we're
8 voting on that legislation, I wanted to direct
9 everyone's attention to what we will be producing as
10 our new interactive map. It's up here on the screen,
11 which will be available to all New Yorkers to keep
12 them aware of every new co-naming. Every one of
13 those dots is a street that is being co-named. And
14 when you click on it, it pulls up the information of
15 the person that the street is being named after or
16 for the event that the street is being named after.
17 So this is a work in progress, but I wanted to thank
18 Erica Morsales [phonetic] and Maureen Agna for their
19 work on this project. We're going to continue to
20 grow and expand, and hopefully, we can go back as
21 well in time and include others. So it's a great
22 addition to our website.
23 I also wanted to give a special mention
24 before we move onto the next item. It's not normal
25 to go into detail about street co-namings at our

. '
1 STATED MEETING 29
2 stated meetings, but I'm going to make an exception
3 to note that a portion of lOth Avenue in Manhattan is
4 being co-named Stan Brooks Way in this legislation.
5 Stan Brooks is a legendary reporter for 1010 WINS
6 Radio, who in his career covered monumental events
7 including the Attica Prison riot; the Vietnam War
8 protests; civil rights demonstrations; the 1968
9 Democratic National Convention; and the attacks on
10 the World Trade Center. I think everyone here at
11 City Hall has felt the loss since Stan passed last
12 December. And I'm happy that today we're able to
13 honor him for the co-naming that we will be voting
14 on .
15 The main item on our agenda today is the
16 voting on legislation to create the largest municipal
17 ID program in the nation. I'm very, very excited for
18 that. This safe and secure ID will provide
19 identification for many New Yorkers who have never
20 had one before. It is sound policy, and it is humane
21 policy. The New York City Identity Card would be
22 available to any resident of New York City who can
23 establish identity and residency and meet the minimum
24 age requirement for eligibility. Plain and simple,
25 this will be an ID for everyone. It's particularly

1 STATED MEETING 30
2 important for undocumented individuals living in our
3 city, seniors, and displaced youth who may not have
4 access to the documents needed to obtain State ID.
5 The card will include at a minimum the
6 cardholder's photo, name, date of birth, address, and
7 an expiration date. Applicants will be able to elect
8 to include his or her self-designated gender.
9 Through this legislation, we'll also make sure that
10 it's easy for New Yorkers to find application
11 centers. The administering agency will designate
12 access sites for applications to be made available
13 for pickup and submission. At a minimum, there will
14 be one site in each borough.
15 Additionally, applications will be
16 available online. In addition, we'll find ways to
17 incentivize the card to encourage New Yorkers to sign
18 up. To do this, the City will be required to find
19 ways to expand benefits associated with the card,
20 including promoting acceptance of the card by banks
21 and other public and private institutions. The
22 administering agency will determine the fee, if any,
23 to be charged for the card. If a fee is charged, the
24 administering agency is required to provide a full or
25 partial waiver for those who cannot afford it. The

' I
1 STATED MEETING 31
2 cost will be about $8.4 million in Fiscal Year 2015,
3 and is expected to be about $5.6 million in the out
4 years. The card will be designed to protect against
5 fraud, a priority we've made in this process. So to
6 keep the card secure the administering agency will be
7 required to produce the card in a manner that deters
8 fraud.
9 The identification and residency of the
10 requirements while flexible are substantial. And the
11 card does not need to be accepted if City agencies
12 have reason to believe that the individual presenting
13 the card is not the individual to whom the card was
14 issued. It will also help improve interactions with
15 the police. People who are reticent to go to the
16 police to make a complaint or to report a crime
17 because they do not have ID or no longer need to be
18 concerned. This is critical legislation that is
19 going to help make people's lives easier and better.
20 The program can give a helping hand to those who have
21 never had one before. These are people with
22 families, jobs, kids in school, and who pay their
23 taxes. These are undocumented parents who can enter
24 their child's school like everyone else.
25
1 STATED MEETING 32
2 The transgender woman who can finally
3 carry an ID that reflects her identity. A New Yorker
4 who is stopped by the police and can avoid arrest, or
5 a homeless teenager who can more easily access city
6 services. This is an ID for all of them. We're
7 committed as a Council to helping New Yorkers, and
8 that is why we scaled up funding for the New York
9 Immigration Immigrant Family Unity Project, which
10 will provide legal representation to immigrants in
11 deportation proceedings, and that is why we're
12 passing this legislation today. When New York leads,
13 the world follows. We can serve as a model for the
14 rest of the nation today. While we wait for
15 immigration reform in Washington, we can take steps
16 to help our own right here. We are a vibrant city
17 forming with a mosaic of different communities, and
18 this is an ID that will be for all of them.
19 I want to thank the Council for their
20 collaboration on this very important issue. I'd like
21 to thank Julian Beckford [phonetic], Jennifer
22 Montalvo [phonetic] from the Legislative staff for
23 their tremendous work on this bill. I want to thank
24 all the staff on my team from the Speaker's office as
25 well. So those are my comments regarding the

1 STATED MEETING 33
2 Municipal I.D. I'd like to ask both Council Members
3 Dromm and Council Members Menchaca, co-lead sponsors
4 of this bill to say a few words.
5 COUNCIL MEMBER DROMM: Thank you very
6 much, Madam Speaker. Let me start off by thanking my
7 staff and those who were involved in the actual
8 writing of this. I want to thank Julian Beckford,
9 Jennifer Montalvo, Rob Newman, who was an excellent
10 negotiator for the administration on this. My
11 Counsel Sebastian McGuire, who put so many hours of
12 work into this, and Carlos Menchaca's staff person,
13 Lee Wellington as well. Let me thank Carlos Menchaca
14 for everything he did to promote this. He is
15 definitely a gentleman, and I feel very fortunate to
16 have shared this piece of legislation with him.
17 Madam Speaker, you know, this has been a
18 dream for me for about five years from the time
19 before when I was the Immigration Chairperson. And
20 moving this forward is a huge step in the right
21 direction for New York City. The New York City ID
22 for All will in many ways help make the lives of all
23 New Yorkers easier from the homeless family in Sunset
24 Park to the transgender youth in Jackson Heights.
25 Most notably, this program reaffirms the Council's

1 STATED MEETING 34
2 commitment to helping immigrant New Yorkers integrate
3 into the life of our city. Having a widely accepted
4 ID Card will only strengthen relations between our
5 immigrant communities and schools, police, and the
6 other city agencies.
7 Beyond the access so city services that
8 this card will facilitate, are the exciting
9 possibilities for additional benefits to be added.
10 The program outline in the legislation lays the
11 foundation for such growth. Together with the
12 Mayor's stated commitment to dedicating resources to
13 its success, the New York City's ID For All is poised
14 to become the must-have accessory for all New
15 Yorkers. I look forward to lining up with my
16 colleagues to apply for an ID once the program is
17 launched. Thank you very, very much.
19 Menchaca.
20 COUNCIL MEMBER MENCHACA: Thank you
21 Speaker and I also want to give many, many thank you
22 today. Today is a special day. In the wake of
23 passing the budget, really this morning actually. I
24 know a lot of us have been working around the clock,
25 and there are some incredibly important thank you to

1 STATED MEETING 35
2 move forward with. First, I really want to make sure
3 that everybody on staff including Sebastian from
4 Danny's office, who work in partnership with my Chief
5 of Staff Lee Wellington to really bring the efforts
6 of a City Council Member driven process. This was an
7 incredible team effort with prime sponsored Danny
8 Dromm.
9 And it was a beautiful thing in my first
10 six months to be experiencing such incredible caliber
11 from him and his staff, and allowing me as Chair of
12 Immigration to be moving with his, was such a
13 beautiful experience. The Speaker had been an
14 incredible component to this entire thing. Really,
15 without her and her office and her staff, this would
16 not have been possible. Her staff includes Robert,
17 Rob, Joline, Jennifer, Elizabeth, Joe, Amelia, and
18 Michael. In the Engagement Office Ivan, Joey,
19 Katrina-- Karina, sorry, Pfizo [phonetic], Joyce and
20 the rest of the office was such an important part.
21 They were the ones that were communicating to the
22 community about how important this was.
23 And so I want to make sure that you all
24 get your respect today. And then, of course, the
25 Mayor's office for being at the table the entire

' .
1 STATED MEETING 36
2 time. This was something that no one thought was
3 possible and they were there. NYPD, the Mayor's
4 Office, the Mayor's Office of Immigrant Affairs.
5 Everybody was at the table the entire time working
6 through this, and it is an incredible appreciation.
7 This is an historic moment for us and our city. The
8 precedent setting is modeled for the rest of the
9 country for municipalities to rethink how they can
10 engage their residents. And we're going to be
11 sending a very strong message today as we pass this.
12 We're going to ensure and protect rights
13 for historically under-served and under-represented
14 communities. And give us new ways to engage each and
15 every one of them to increase our specific
16 participation. This landmark legislation is never
17 easy, but this administration proved it today. And
18 so, really what I want to end with, and also I want
19 to thank before I end actually. I want to thank my
20 staff. Back to the reality, this is my first session
21 in the City Council. I would not have been able to
22 do it without Lee and Jorge, and Vlam [phonetic], and
23 Kenneth and Jessie, and Jimmy and Jean, and everybody
24 else who has been supporting us throughout this

)
25 entire year. Thank you.
1 STATED MEETING 37
2 Then finally, you in January we came in
3 and people wondered what is this progressive Council
4 and progressive mayor going to do. What was going to
5 manifest? This is the direct manifestation of a
6 mayor and city council working together day in and
7 day out. And I look forward to continuing to work
8 for our immigrant communities, our LGBT communities,
9 our seniors. And let us not forget. Thank you. [In
10 Spanish)
11 SPEAKER MARK-VIVERITO: Thank you,
12 Council Members. Very exciting. And so I'd like to
13 also acknowledge that today is our Land Use
14 Director's Gail Benjamin's last stated with the
15 Council City. Gail has served this institution for
16 many, many years as a true wealth of knowledge. It
17 has been a pleasure for me to work with her the past
18 eight years, and now as Speaker. So Gail, I don't
19 know if she is around. Where is she? In the back.
20 Oh, there she is in the back. Hi, Gail. Thank you so
21 much. [applause, cheers) It's well deserved, very
22 much well deserved. So Gail, thank you. Thank you
23 so much for your service to the City Council to the
24 City of New York. And I believe I speak on behalf of
25
' '
1 STATED MEETING 38
2 the Council when we say we wish you the best. Thank
3 you so much.
4 And a couple of just quick items before
5 we move on. The blood drive. We have a blood drive
6 always that we hold in this Council. We have one on
7 July 8th. There is always a critical need for
8 donated blood. So I really want to urge everyone to
9 schedule an appointment to give. It takes just about
10 30 minutes out of your day to donate, but for the
11 recipient it could be a lifetime gift. So make sure
12 you're taking iron bills because I know I've been
13 rejected a couple of times because my iron levels
14 were too low. So also the Council outing is on July
15 11th, and I would definitely encourage all of our
16 colleagues to join.
17 And lastly, we have sent out a survey to
18 all of you and all of our members regarding public
19 engagement, and how do we want to increase public
20 engagement through our Internet and through the
21 website, et cetera. So we please as that you submit
22 those by Monday, and anyone can reach Erica Gonzales
23 for more information. So thank you again, all. It's
24 exciting. We are entering the summer. We still meet

)
25 once a month during the summer months, but it's
..
1 STATED MEETING 39
2 really been an incredibly productive six months, and
3 I looking forward to oncoming months. Thank you very
4 much, and that concludes the Speaker.
6 SPEAKER MARK-VIVERITO: The message from
7 the speaker.
9 Council Member Palma.
10 COUNCIL MEMBER PALMA: Permission to vote
11 on all items on today's calendar.
13 COUNCIL MEMBER PALMA: Congratulations to
14 Danny Dromm and Carlos Menchaca. I vote aye.
16 Council Member Johnson.
18 Public Advocate. Today'the Council is approving two
19 street renamings in my district. One in Chelsea and
20 one in Hell's Kitchen. Phyllis Gonzalez Way will
21 recognize the tremendous contributions made to the
22 Chelsea community, in particular those at the Elliott
23 Chelsea NYCHA houses in West Chelsea. A born and
24 raised New Yorker, Phyllis passed away at 65 in 2012.
25 She served as President for four terms of the Elliott

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1 STATED MEETING 40
2 Chelsea Houses Tenant Association, and was a social
3 worker at the Hudson Guild. There were not many
4 things in Chelsea that Gonzalez was not active in.
5 She was on the PTA of P.S. 33, was a member of
6 Manhattan Community Board 4 at the same time I was.
7 Served on the Hudson Guild Neighborhood Advisory
8 Council. I'm proud that we're taking this step to
9 recognize soneone who worked for the greater good of
10 the community.
11 Further to the north in my district on
12 43rd Street and lOth Avenue, as the Speaker
13 mentioned, we're naming the street in honor of a
14 legendary radio reporter Stan Brooks. Stan was a
15 native New Yorker from the Bronx. From early on in
16 his life he was writing and publishing his own work
17 from the printing press he received for his birthday
18 at the age of 13. Throughout his career he was
19 recognized for his diligence, professionalism, and
20 commitment to top quality journalism. He was a
21 resident at Manhattan Plaza, which is an affordable
22 housing development for artists and actors in Hell's
23 Kitchen.
24 In 2013, Mayor Bloomberg renamed the
25 Radio Reporter's Room in City Hall after Stan, and

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1 STATED MEETING 41
2 it's fitting that today reporting his name on a
3 street to always remember a man whose name is
4 synonymous with New York radio and journalism. I ran
5 into Stan many times during the course of my campaign
6 on 43rd Street between 9th and lOth Avenues. He
7 would shop every weekend for his wife at the Farmer's
8 Market and ask me how the campaign was going. Stan
9 was, as many New Yorkers would say, a true mensch.
10 And I'm happy that we are renaming this street after
11 him today. Thank you very much, Madam Public
12 Advocate.
13 PUBLIC ADVOCATE JAMES: Thank you. This
14 is the discussion of General Orders. Council Member
15 Garodnick.
16 COUNCIL MEMBER GARODNICK: Thank you very
17 much, Madam Public Advocate. I wanted to rise today
18 to speak about the Municipal ID Legislation. I am
19 voting yes on this bill, but I had some concerns
20 about a number of the details, which the Council is
21 delegating to the Mayor to resolve. I know that I'm
22 not alone in the belief that the ID will only work if
23 we find ways to encourage many New Yorkers to sign
24 up. Today, it is not evident why most documented New
25 Yorkers would want or need one. For many, their

1 STATED MEETING 42
2 driver's licenses do them just fine, and they are
3 averse to getting another form of ID that they may
4 not need. If this card does not gain widespread
5 voluntary acceptance, I fear that it will serve the
6 opposite purpose than what is intended, namely that
7 it will, in fact, simply identify the undocumented
8 for the government.
9 There also appears to be considerable
10 disagreement between the banking industry and the
11 advocates about whether this card can actually help
12 you open a ban account. The Patriot Act creates
13 legal liability for any bank that allows someone to
14 open an account without adequate proof of their
15 identity. Will this do it? Will the banks accept
16 it? I hope we will get to a place where that is the
17 case, but it is far from clear. And I think that
18 this detail should have been worked out before we
19 sent this bill over to the Mayor. I fear that
20 despite the way that it's billed, the ID may not
21 resolve our continuing problem of unbanked New
22 Yorkers.
23 There are open issues here that we are
24 delegating to the Mayor to sort out, including how to
25 conclusively prevent fraud. I recognize the premium

1 STATED MEETING 43
2 that is being placed on speed, but my preference for
3 this institution would have been for the Council to
4 work these questions out in advance. I do think they
5 can be worked out, though, and I strong agree that
6 documenting the undocumented is an important goal,
7 and I very much hope that this card will satisfy its
8 intended purpose. I will be voting yes, and I look
9 forward to the follow up with the Administration.
10 Thank you.
12 Council Member Van Bramer.
13 COUNCIL MEMBER VAN BRAMER: Thank you
14 very much, Madam Public Advocate, and I too rise to
15 talk about the Municipal ID bill. And before I speak
16 to some of the specific issues, I wanted to
17 congratulate our colleagues, Council Members Dromm
18 and Menchaca for this monumental achievement on
19 behalf of all of the people of the City of New York.
20 And there are so many people who will benefit from
21 this including seniors or transgender community, and
22 the undocumented. And I just want to highlight the
23 importance of our cultural institutions and libraries
24 in this very important endeavor. In partial response
25 to some of the comments, that my good friend Council

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1 STATED MEETING 44
2 Member Garodnick just made. One of the ways that I
3 believe this card will become so valuable is because
4 we are working with cultural institutions to make
5 sure that there are some terrific incentives that go
6 along with having this card that would bring
7 increased access to our cultural institutions all
8 across the city. I know we've already had some
9 conversations. They're very receptive to this idea,
10 and I will work very closely with my colleagues on
11 this to make sure that our cultures play an
12 incredibly important part of this.
13 But an access point to cultures all
14 across the city would make this card desirable for
15 everybody in the City of New York. And, of course,
16 our libraries are always access points for virtually
17 everybody in the City of New York. They have an
18 important role to play in making sure that this works
19 as well as I believe it will work. So I want to
20 point the importance of those two incredible sectors,
21 and also pledge my support to make sure that both are
22 coming to the table and making this work for all New
23 Yorkers. So congratulations to everybody for this
24 very, very historic achievement. Thank you very
25 much.
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1 STATED MEETING 45
3 Council Member Williams.
4 COUNCIL MEMBER WILLIAMS: Thank you.
5 Today, I have a street renaming in my district for
6 Errol Elijah Duran Aster Millard [phonetic] also
7 known as Prophet, died on Thursday, July 4th 2013 in
8 the City of Shiran in the far off Province of
9 Afghanistan. He was born in Brooklyn on October 5th,
10 1994 to Joanna Millard and Iban Gibson. Elijah was
11 smart and a dynamic man. Elijah was reared and
12 nurtured in a Christian home, and he was especially
13 close to his Great Grandmother Gigi who chronicled
14 his spiritual growth in the family Bible. Her Bible
15 recalls three significant events occurring on
16 Thursdays in Elijah's life. They are Thursday,
17 October 5th at 7:00p.m. his fourth birthday when he
18 said, I would like Jesus to come into my life.
19 Thursday, April 13th at 9:30 he said,
20 Gigi, I want to be baptized. He was six years old.
21 Thursday, July 4th, he went home to be with the Lord.
22 He was 18 years old. Elijah spent his early years in
23 Brooklyn attend the Bible Speaks Elementary and
24 military-- and Middle School. He loved much in
25 which he played violin. He was active in sports and

1 STATED MEETING 46
2 trained in Shodokan, Karate, Obertan [phonetic],
3 Cobocab [phonetic] in Brooklyn along with his cousin
4 Joline. He competed in various tournaments
5 eventually winning first place in his division.
6 Elijah began active duty in the Army in October 2012.
7 Private El Elijah Duran Aster Millard graduated from
8 Fort Leonard Wood in Missouri. In February, he was
9 deployed from White Sands Missile Range in New Mexico
10 as part of Operation Enduring Freedom.
11 He was assigned to the 595th Sapper
12 Company, Second Engineer Battalion and 36th Engineer
13 Grade. [sic] On a mission with the Zuni on July
14 4th, 2013, Private El Elijah Millard was killed in
15 action in Afghanistan. Private Duran, a Combat
16 Engineer was posthumously promoted from Private B2 to
17 Private First Class, and he was awarded the Bronze
18 Star Medal, the Purple Heart, and the Good Conduct
19 Medal. His other awards and decorations include the
20 Army Service Rating, Overseas Global War on Terrorism
21 Expeditionary, NATO Medal and many more. His White
22 Sands Missile Range Commander Brigadier General Glenn
23 Bingham wanted the family to know that our comrade
24 Errol made a positive different daily with his valued
25
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1 STATED MEETING 47
2 service, and the ultimate sacrifice that we will
3 never forget him or his family.
5 Council Member Rose.
6 **COUNCIL MEMBER ROSE: Thank you. First
7 I would like to commend Council Members Menchaca and
8 Dromm for their successfully crafting and guiding
9 this bill through the legislative process And thank
10 you to Speaker Mark-Viverito for her leadership in
11 moving this to the floor so swiftly. I am a big
12 proponent of municipal IDs because I've seen first
13 hand how a lack of photo identification can lead to
14 tragic circumstances. A few years ago we witnessed a
15 series of biased attacks within the Mexican community
16 in Port Richmond in my district. Investigations
17 revealed that many of these were crimes of
18 opportunity. Many members of the Mexican immigrant
19 community carry larges amounts of cash on their
20 persons. Working closely with the Mexican Consulate
21 and local banking institutions, we were able to have
22 ID cards issued to the immigrants by the consulate,
23 which could be accepted by the banks. And once
24 people were able to open bank accounts, and stop
25 carrying large amounts of cash, the attacks stopped.

1 STATED MEETING 48
2 So I just want to say that this is not only
3 beneficial to the immigrant community, but it's also
4 beneficial to seniors and to poor New Yorkers who are
5 not able to accumulate the number of points needed to
6 get a New York State non-driver's license. The
7 benefits outweigh the problems that are related to
8 the issuing of these cards. It ensures that people
9 are not also subject to check cashing places, and
10 other predatory services, and that they can access
11 services like all New Yorkers.
12 And I want to say that I have a street
13 naming in my district, Kenneth Cubas Way. Kenneth
14 John -- Ken Cubas was the Vice President at Fiduciary
15 Trust --
16 PUBLIC ADVOCATE JAMES: [interposing)
17 Council Member, could you bring your remarks to a
18 close?
19 COUNCIL MEMBER ROSE: Oh, okay. Sorry.
20 [laughs) Anyway, he was a dutiful son, and he gave
21 his life at the World Trade Center. After having
22 successfully escaped for himself, he went back in
23 numerous times to bring out members of -- His friends
24 and co-workers. He died trying to rescue them after
25 a third time going in so--

1 STATED MEETING 49
3 Council Member you can explain during the break.
4 COUNCIL MEMBER ROSE: [interposing] So I
5 am humble and proud --
7 Thank you.
8 COUNCIL MEMBER ROSE: -- about the street
9 naming. Thank you.
11 Gentile.
12 COUNCIL MEMBER GENTILE: I want to speak
13 about the Municipal ID cards. I'm voting today in
14 support of this legislation because it serves the
15 practical everyday needs of many residents. And
16 hopefully, it will serve, hopefully, as a gateway for
17 those looking to fulfill the dream of becoming an
18 American citizen. America was built on the strength
19 of its immigrants. My mother emigrated from Italy,
20 and it was her dream to become an American citizen
21 and she did. She wanted to be able to fully enjoy
22 all of that, this bountiful and limitless new world
23 had to offer, and she did not want to live in the
24 shadows. So naturally, in support of the immigrants
25 and their rights, and I hope that all immigrants who

fj , ,
1 STATED MEETING 50
2 come to this country have a very strong desire to one
3 day become U.S. citizens. But while there are many
4 things this country could and should do to make new
5 immigrants feel welcome, we must always be mindful
6 not erase the distinction between immigrant and
7 citizen. Rather, we need to encourage immigrants to
8 become citizens through the proper channels and
9 rights of passage just as our ancestors did. And
10 yet, identification documents are critical to
11 performing a wide array of everyday tasks for
12 accessing schools and other city buildings to opening
13 a checking account. Particularly for seniors, many
14 of whom are my constituents and often have access
15 issues without a proper photo ID. This card can be a
16 valuable assist in getting healthcare, picking up
17 grandchildren, possibly opening a bank account,
18 securing a lease, or even helping the senior to get a
19 library card. And this card can be even more useful
20 to get them to other New Yorkers once additional
21 services and benefits become attached to the card
22 over the next year. This aspect of additional
23 benefits is critical to making this truly a card for
24 all. And that with the committed of both co-sponsors
25 that the work in enhancing this card will continue in

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1 STATED MEETING 51
2 earnest. So through an application process, we must
3 ensure that only those who truly need or desire this
4 new type of identification be eligible to receive it.
5 It is not a come-one, come-all proposition. Rather,
6 the types of criteria required to gain eligibility
7 such as present a utility bill, a property tax
8 assessment, a statement of a mortgage payment--
10 Council Member, could you bring your comments to a
11 close?
12 COUNCIL MEMBER GENTILE: Sure. Suggests
13 that by and far that people who already contribute in
14 the form of tax dollars should, therefore, not be
15 stymied from obtaining a beneficial service due lack
16 of a recognized piece of ID. For these and for the
17 fact that the NYPD has made a statement on this bill,
18 I will vote in the affirmative.
20 Minority Leader Vincent Ignizio.
21 MINORITY LEADER IGNIZIO: Thank you very
22 much, and I welcome my colleagues. I feel like we
23 were just here. I'm proudly wearing U.S. colors
24 because we will be advancing, and thank you, Madam

)
25 Speaker, for point that out. I wanted to speak about
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1 STATED MEETING 52
2 the Municipal I.D. Bill. I understand the good
3 intentions of my colleagues. But the reason why
4 we're here is because of the very failed national
5 immigration policy. I think everyone can agree with
6 that in this room. But the fact that this bill
7 creating a municipal ID has many holes in it with
8 regards to legitimate security concerns, that I feel
9 we all ought to be concerned about.
10 The bill speaks about the identity and
11 residency, proof of identity. And on the bottom of
12 it says, or quote, "Any other documentation that the
13 administering agency deems acceptable." With regards
14 to proof of residency, it talks about some that they
15 could use. And then it goes on to say, "And any other
16 documentation that the administering agency deems
17 acceptable." So we, this Council, are turning over
18 the entire rule making process, the entire law making
19 process to the administration.
20 It then goes on to say that we will
21 destroy that documents that we retain, that we take
22 from those that are seeking it. So, potentially, if
23 we have someone that came here illegally, that
24 created or committed crimes, and we potentially know
25 through that process where that is, we would have to

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1 STATED MEETING 53
2 destroy that evidence so we will never be able to
3 trace back to that man or woman that perpetrated that
4 crime. I think that's a mistake.
5 I think the Police Department would and
6 should think that's a mistake, and I hope they would
7 convey that. Of course, we have comparison. Of
8 course we have a responsibility to ensure that people
9 aren't mistreated in this city. But we also have a
10 responsibility to ensure that people much like my
11 colleagues said a moment ago has an immigration
12 status that is consistent with the United States. We
13 want to encourage people to come here legally. There
14 are a countless amount of people around this country,
15 around this world, excuse me, that want to come here
16 legally, and we should encourage that. And we ought
17 to lobby our federal government to ensure that our
18 immigration policy reflects that as well.
19 But I will vote no on this bill because I
20 believe there are legitimate security concerns that
21 have no been adequately addressed in it, and
22 notwithstanding the desire of my colleagues to act in
23 a compassionate manner to ensure that people aren't
24 treated fairly unfairly. I think there are ways
25 we can tighten it up, and I think there is a way we

I I I i
1 STATED MEETING 54
2 should tighten it up. I don't question anybody's
3 motives. I want to be clear.
4 So, too, an issue was raised about
5 putting the veteran status on this. My colleagues
6 raised this that we would put on the bottom of the
7 Municipal ID if the person, he or she was a veteran
8 of the Unite States. That was dismissed. That
9 wasn't added to this bill. So if somebody went to
10 Home Depot and wanted to get a 10% discount because
11 they're a veteran, the Municipal ID Card, the idea
12 was that it would reflect that on the bottom, this
13 person is a veteran. That's not here. Why? Is that
14 not an easy fix? Is that not something we want to
15 encourage for veterans who served this country to be
16 able to avail themselves of their veteran's rights.
17 That's something that should be fixed, and should
18 this bill pass, which I anticipate it has the ability
19 to do so, this Council should reach out to the Mayor
20 because they gave him full discretion on this bill,
21 and that ask that that be put into the bill. So
22 there is a -- concerns that I have in regards to this
23 bill. That's why I'll be voting no.
24 There is a Council here that seeks to its
25 passage, and I just hope that the rule making ability

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1 STATED MEETING 55
2 that we have given over to the administration we're
3 able to engage in to tighten it up, and to ensure
4 that these security concerns are properly addressed.
5 Thank you.
7 King.
8 COUNCIL MEMBER KING: Thank you Madam
9 Public Advocate. I rise today in the spirit of
10 democracy. As we don the strips of the red, white,
11 and blue, and you wear it quite well, Madam Public
12 Advocate, and we're all excited about what's
13 happening on the soccer field. This piece of
14 legislation and the ideas, while I believed it's
15 great in its principle, in its thinking, I am one
16 that is somewhat concerned. In regards to how do we
17 make sure that these IDs are delivered and the people
18 who can misuse them, who can create an environment of
19 deception, that doesn't get hold of being able to do
20 so. My district is considered one of the largest
21 immigration -- immigrant populations and citizens.
22 Now, we work tirelessly to make sure that our
23 brothers and sisters are on the path of citizenship.
24 And I'm urging us to do more as legislators on the
25 local level to address our colleagues at the federal

1 STATED MEETING 56
2 level. To do something that will allow immigration
3 reform to really be substantial. That we can allow
4 all of our brothers and sisters who want to
5 experience the American dream that there is a path to
6 citizenship that's a little more simplified, and it's
7 less challenging than it is today. But I will be
8 offering my support, but I wanted to be put on the
9 record that I do have some concerns in regards to
10 this piece of legislation. But I think it's good in
11 principle, but I think there is more to be done.
12 Secondly, I want to acknowledge Keith Ferguson's
13 family, Sergeant Keith Ferguson Way, which will be
14 established today, as we voted for in this meeting.
15 [sic] He was a police officer who died in the line
16 of duty. He will never be forgotten as we rename the
17 street out there, and blessings to his family. Thank
18 you.
19 PUBLIC ADVOCATE JAMES: And now for the
20 first time speaking on the floor, Council Member
21 Maisel.
22 COUNCIL MEMBER MAISEL: [applause,
23 cheers] How could you tell. I don't often speak. I
24 didn't speak very much in Albany. I usually felt

)
25 that people had more important things to say, and
1 STATED MEETING 57
2 could day it better than I did. But I did want to
3 speak about this identification bill. There is
4 nothing in the bill that I oppose. There is nothing
5 in the bill that is wrong. I think everything in the
6 bill is appropriate, and just would solve a lot of
7 problems. But I'm concerned about one thing. When
8 we pass laws, we don't pass laws or write laws to
9 protect people from good government. We are supposed
10 to write laws to protect people from bad government.
11 One of the reasons why I was opposed to Mayoral
12 control, was although I never doubted Mayor
13 Bloomberg's motivation, I always had in the back of
14 my mind the return of Jimmy Walker.
15 So this bill has one defect in it, and if
16 someone can explain and correct me and allay my
17 fears. Right now we have an Administration
18 Washington that's friendly to immigration. What
19 happens two years from now or six years from now when
20 we have an administration that is not friendly to
21 immigrants? When we have a House and a Senate that
22 is not friendly to immigration, and undocumented
23 workers. We are basically presenting and preparing a
24 list of undocumented workers to be presented to
25 whatever authority there is that will be able to just

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1 STATED MEETING 58
2 take these people and say, Look, we know you're
3 undocumented. We are deporting you. So, it could
4 very well be that these are fears that are maybe not
5 important, or maybe they're not going to be ever
6 realized. But it is a serious concern that I have.
7 I don't think people should be placing themselves in
8 the position where they could be identified when they
9 are not here legally. And if it could be changed in
10 some way, perhaps I would be willing to support it,
11 but otherwise I'm going to abstain. Thank you.
13 Council Member Chin.
14 COUNCIL MEMBER CHIN: Than you, Madam
15 Public Advocate. At first, I want to speak on two
16 co-naming that I am co-sponsoring with Council
17 Mendez. The first one is the Dashane Santana, a
18 middle school student that was killed on Delancy and
19 Clinton while crossing the street. And because of
20 her death, her grandmother and people in the
21 community came together, and worked together with
22 their elected official and city agency to make that
23 area safer with countdown clocks and redesign. And
24 this is a great way to remember her. And then the
25 second one is Marie Christopher Way. Marie was such

1 STATED MEETING 59
2 a tenant advocate. I think we heard about her in the
3 City Council when she passed away last year. So I
4 really wanted to thank the City Council for doing
5 this, and I urge my colleagues to support it.
6 On the Municipal ID Bill, the ID is the
7 ID for every single New Yorker. We are proud to be
8 residents of New York City. So I think the ID we
9 will have to encourage everyone to apply. It's not
10 just for undocumented immigrants. There are a lot of
11 seniors. There are a lot of people with green cars
12 that don't have ID because they just don't have
13 enough information to go and get a non-driver's ID.
14 Many of us don't drive. So for us to get a non-
15 driver's ID, we have to have so many forms of
16 documents, and where do you go to get a non-driver's
17 ID? It's very difficult to find. I had a hard time
18 finding the Motor Vehicle place to do it. So I think
19 having a Municipal ID we could send a strong message
20 that New York City is a City that loves all its
21 residents, and we will do everything we can to make
22 sure everyone who wants to apply will be able to
23 apply easily, accessible. Hopefully, there will be
24 offices in every borough, and the card should get us
25 benefits, visits to museums, libraries, cultural

1 STATED MEETING 60
2 institutions. It is a way to show that we are proud
3 to be a New York City resident. So I urge my
4 colleagues to support the bill. Thank you.
6 Koo.
7 COUNCIL MEMBER KOO: Madam Public
8 Advocate. I want to congratulate Council Member
9 Menchaca and Dromm for initiating the Municipal ID
10 Bill. I think this is a good bill. It's not a
11 perfect bill. It has many technical things we have
12 to work out, but like Council Member Chin said before
13 the main purpose is only for identification, that
14 they are New York residents. It is not a universal
15 [sic) card. It is not some document they can use for
16 traveling overseas. But for locally it's really good
17 for them. They can get library cards. They can go
18 to museums. They can open bank accounts if we can
19 talk to some banks to arrange that. So I think this
20 is a good bill. There are some details, but we will
21 have to s~pport this. So I vote yes for this bill.
22 And I also want to use this opportunity to welcome
23 two of my lead hands, Sarah Yang and Emma Larsar
24 [phonetic) . If they are here. Can you stand up.
25 [applause]. They have been doing a wonderful job for

1 STATED MEETING 61
2 our office. So thank you very much. And I also want
3 to thank the Speaker for doing a wonderful job for
4 passing the bill this morning. Thank you very much.
6 Levine.
7 COUNCIL MEMBER LEVINE: Thank you, Madam
8 Public Advocate. I'll be proudly voting in support
9 of the Municipal ID Bill, and I want to respond to
10 some of the criticisms that my colleagues have
11 articulated on this thus far. As Council Member Chin
12 spoke about, the existence of driver's licenses in
13 New York does not render this new ID redundant. In
14 fact, New York City is among the localities in
15 America with the lowest rates of driver's license
16 among its residents. Well under 60% among adults,
17 and it's plummeting among young people. That number
18 is trending downward. This at a time when the
19 circumstances in which we need IDs is rapidly
20 proliferating. You need it to get into a public
21 school, to use it to get into many office buildings,
22 in law enforcement encounters. So this provides a
23 solution for the over 40% of adults in New York, a
24 number which is growing, that do not have municipal
25 IDs. As for security concerns, the law enforcement

1 STATED MEETING 62
2 community in New York City and in other localities
3 where such IDs have been implemented have supported
4 this. Why? Because good law enforcement benefits
5 from having IDs for anyone, which law enforcement
6 officials have an encounter. Having identification
7 facilitates law enforcement. And it's why after very
8 substantial negotiations, the NYPD has come on board
9 with this bill. As for the fact that some of the
10 fact that some of the greatest benefits have yet to
11 be implemented related to banking, cultural
12 discounts, integration with library services, mass
13 transit payments. All of those can and will be
14 implemented as we roll out this important service.
15 But there is no reason to delay by a single day the
16 immediate benefit that this new form of ID will offer
17 all New Yorkers of all documentation statuses. I do
18 believe this will be embraced by a wide section of
19 residents--
21 Council member, can you bring you comments to a
22 close?
23 COUNCIL MEMBER LEVINE: --of our city.
24 That's why I proudly support the bill. Thank you.
25
1 STATED MEETING 63
3 Council Member Constantinides.
4 COUNCIL MEMBER CONSTANTINIDES: Madam
5 Public Advocate. May I be allowed to vote on all
6 items in the general calendar today --
8 Yes.
9 COUNCIL MEMBER CONSTANTINIDES: -- and
10 explain my vote.
12 COUNCIL MEMBER CONSTANTINIDES: With
13 congratulations to our speakers and the sponsors of
14 the bill, Danny Dromm and Carlos Menchaca, I proudly
15 vote for Intro 253 today that will be transformative
16 and beneficial to all New Yorkers. Lastly, I will
17 say to Gail Benjamin, you rock, and we definitely
18 appreciate you and what you have given us. I vote
19 aye on all. Thank you.
21 Council Member Greenfield.
22 COUNCIL MEMBER GREENFIELD: Thank you
23 Madam Public Advocate. You know, the challenge in
24 being an elected official is that actually have to
25 decide things, right. Most people the extent of

1 STATED MEETING 64
2 their decisions perhaps on a daily basis are not
3 necessary weighty. You go into a shop, and you try
4 to decide large Coke, medium Coke, or small Coke.
5 The problem with being an elected official is that
6 people expect you to decide everything, and even when
7 there are complicated issues. And today, it
8 certainly is a complicated issue in terms of
9 Municipal ID, and I share the concerns that some of
10 the members have raised. I think that we could have
11 had some tweaks to the bill. We could have had more
12 robust discussion on the bill, and we certainly could
13 have improvements on the bill.
14 But we in our position as elected
15 official we don't get to vote on perfect legislation
16 normal. We generally get to vote on imperfect
17 legislation and try to figure out the merits of said
18 legislation. And so for me the overwhelming factor
19 is actually on a personal level. There's a small
20 shop in Borough Park, and I shop there frequently.
21 For every Saturday for shabbat obviously I go to the
22 store and I purchase my goods. And there's a young
23 woman who works behind the counter, and after a few
24 weeks she got up the courage to turn to me and she
25 said, Can I ask you a question? I said, Yes. She

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1 STATED MEETING 65
2 said you're like a Councilman or something. And I
3 said, Yeah. She said, You know, I need some help
4 with immigration.
5 I'm from Mexico, and I have some issues.
6 She said, You know, between me and you, I'm not
7 exactly legal. I said, Sure. I said, No problem. I
8 said, In my office we happen to have a lawyer. I
9 said, You can come in, and we'll give you those
10 services. And through her, I met some other folks
11 who were affiliated with her. And then one day, I
12 heard from one of her friends that her friend was
13 arrested. Why was her friend arrested? Because he
14 was on his way to work, and he was Mexican as well.
15 He was on his way to work, and he was stopped. And
16 had a piece of paper, some sort of ID Just a few
17 more second, Madam Public Advocate from the
18 Mexican government, and it had a very common name.
19 So they ran his name through the
20 database. It picked him up, and he was in the system
21 for 48 hours. So they reached out and said, Can you
22 help? I tried. I called the police precinct but the
23 end of the day there really was no quick way to
24 resolve it. And I remember thinking back then it was
25 very frustrating all right. This guy did nothing

1 STATED MEETING 66
2 wrong. He walked down the street. It was mistaken
3 identity, and that's what I think this Municipal ID
4 could, in fact, correct. And to the folks who are
5 worried, I give you this assurance that if, in fact,
6 the Mayor, who supports, and the Police Department
7 who supports it, are not able to have an effective
8 ID, I will stand with you the steps of City Hall and
9 be among the first with you to ask for a repeal. But
10 certainly I think we deserve to try to correct those
11 mistakes and those errors--
13 Council Member, please bring your comments to a
14 close.
15 COUNCIL MEMBER GREENFIELD: --and that's
16 why I support, and thank you very much, Madam Public
17 Advocate.
19 Council Member Mendez.
20 [Pause]
21 COUNCIL MEMBER MENDEZ: Thank you. I
22 wanted to talk about three of my street co-namings,
23 two with Margaret, and I'm just going to make it very
24 short. Dashane Santana Way and Marie Christopher
25 Way. Oashane's grandmother out of this very tragic

.. t
1 STATED MEETING 67
2 event has become an activist, has joined the
3 Community Board, has become very involved in
4 transportation issues, and housing issues in our
5 city. And Marie Christopher, who was like a mother
6 to me, and Margaret and I knew her way before we ever
7 got into this. She became an activist because she
8 was burnt out of her home, and displaced from Harlem.
9 And to our benefit, she was relocated in the Lower
10 East Side, ahd fought for all kinds of housing, not
11 just for project based Section 8. But for public
12 housing, and private housing, and she's been very
13 much missed. And I want to thank my colleagues for
14 supporting these three co-namings. Thank you.
16 Lander.
17 COUNCIL MEMBER LANDER: Thank you, Madam
18 Public Advocate. I am so proud today to be voting in
19 favor to the New York City ID For All Card. And I
20 want to say congratulations to the gentlemen both
21 from Queens and from Brooklyn, Council Member
22 Menchaca, and Dromm and the Speaker. I, too,
23 appreciate the concerns being raised, but I really
24 believe that this bill has the right mix of
25 specificity and flexibility that reflects on the

1 STATED MEETING 68
2 lessons learned from L.A. and Oakland and New Haven
3 w~ere everything is already in place. And it's the
4 right balance between authorizing legislation, which
5 is what we do, and administrative implementation,
6 which is how the city runs. I'm really confident
7 that it will work, and Meg and I look very forward to
8 getting our own NYC ID Cards. Both because of the
9 value that it will hold for all New Yorkers, and as a
10 sign of our progressive patriotism as proud residents
11 of this diverse and welcoming city.
12 I also want to note today that we'll be
13 voting to rename Nevins Street between Flatbush and
14 Livingston after the incomparable organizer and my
15 dear friend Jon Kest. John was taken from us far too
16 young, but not before he had worked together with low
17 income and disenfranchised New Yorkers to accomplish
18 more for justice than most of us can ever dream of.
19 As a leader of ACORN, New York Communities for
20 Change, and the Working Families Party. Jon helped
21 New Yorkers come together, organize to build power,
22 raise their voices, and win incredible victories, for
23 living wage jobs, for affordable housing, for good
24 schools for all our kids. And for better
25 neighborhoods for al New Yorkers regardless of where

1 STATED MEETING 69
2 they come from. Jon has extraordinary living
3 legacies as well like the Fast Food Forward Campaign
4 and the Car Wash Campaign, people who are fighting
5 for justice on initiatives that helped them get
6 started. But this street -- and I want to thank
7 Council Member Levin whose district it's in will
8 serve as one more important memory and part of his
9 legacy. I know that today on this day when we're
10 voting for this Municipal ID Card, and when changes
11 in Albany portend an increase in the minimum wage for
12 low wage New Yorkers that Jon is smiling down on us.
13 And I proudly vote aye on all.
15 Cabrera.
17 much, Madam Public Advocate. I want to congratulate
18 our leading sponsor of the bill, Council Member Dromm
19 and Chair Menchaca for your leadership in the
20 Municipal ID. I just want to address some of the
21 things that were brought out regarding the security
22 issues. You know, we only need to look at the other
23 states. The reality is that we're not the first one.
24 And so, we have no heard from any other places where

)
25 this has been implemented where this has become an
1 STATED MEETING 70
2 issue. I don't know why it is that New York City we
3 always think that we're going to get it worse, that
4 still is going to show up. And that somehow it's
5 going to be worse here. Other states, other cities
6 have the same concerns that we have when it comes to
7 security concerns. And I believe the NYPD is going
8 to do a tremendous job regarding that.
9 Regarding the veterans designation, I
10 want to strongly suggest the option should be given
11 to those veterans that if they want the designation
12 that it should be there. To be honest with you, they
13 have their own badge. They are our heroes. They are
14 our protectors, and having a father and a grandfather
15 who fought in World War II and a father who served in
16 the military I can truly tell you that they truly
17 deserve that.
18 One piece that I would like to add here
19 that I've been a staunch advocate from day one when
20 it comes to this is the banking piece. Because at
21 one point, this card is going to reach its
22 limitation. There are only going to be so many
23 banking institutions that will accept that. I think
24 that the largest -- larger financial institutions
25 like Master Card and Visa that they option will be

1 STATED MEETING 71
2 given for those who want this ID to have that
3 component regardless of if they are documented or
4 undocumented. Because there is an added advantage
5 that it was mentioned by Council Member Rose for
6 people not to carry cash especially that population
7 that's very vulnerable. Thank you very much.
9 Rodriguez.
10 COUNCIL MEMBER RODRIGUEZ: First, I would
11 like to say that I'm supporting one of the streets to
12 commend, Emmett Basset, who was a citywide leader who
13 marched against apartheid, against nuclear weapons,
14 and also who marched for immigrant rights. He's a
15 father, he was father of the Health Commissioner of
16 New York City. But also, I would like to, after
17 listening my colleague, Ignizio, I've been motivated
18 to invite him to join me on calling the Republicans
19 at the Congress level to join the Democrats and fight
20 for immigration reform. I think that since we are a
21 national media, it is important that a Republican and
22 the Congress they should know that there are
23 Republicans in cities such as New York City joining
24 the Democrats calling for immigration reform. I also
25 would like to say that the NYPD has been involved in

1 STATED MEETING 72
2 this conversation of the Municipal ID, and
3 Commissioner Bratton he expressed that he is looking
4 for the passage of this legislation.
5 And lastly, I would like to say that
6 everyone, not only undocumented, to get this ID and,
7 you know, we should know that undocumented contribute
8 with billions of dollars to this city and to this
9 state. No one asked for ID when undocumented go to
10 Marshall or Home Depot or to any store to contribute
11 to the economy of our city. So it is our turn also
12 to pay them back for their contribution that they do
13 in our finance. And I would like also to vote yes,
14 and ask permission to leave.
16 COUNCIL MEMBER RODRIGUEZ: Thank you.
18 Kallas.
19 COUNCIL MEMBER KALLOS: The New York City
20 Municipal ID hopes to empower our residents to access
21 services that are currently obstructed by the
22 requirement of government issued identification. I
23 co-sponsored this legislation to remove that hurdle.
24 As the program gets rolled out, I have been promised

)
25 by my peers and by the Administration, and I plan to
1 STATED MEETING 73
2 act as a guardian to ensure that the City does not
3 require Municipal Identification for any services
4 where identifications not already required to protect
5 individual privacy. To maintain the Municipal
6 Identification as an optional benefit, to protect our
7 residents from a mandatory requirement for Municipal
8 Identification because no American should be forced
9 to carry identification to live here. And to ensure
10 that the Municipal cards can never be used as
11 presented proof of citizen status. I congratulate
12 the Speaker, Council Members Menchaca and Dromm as
13 you move towards a better city, and thank you for
14 your leadership.
16 Council Member Koslowitz.
17 COUNCIL MEMBER KOSLOWITZ: Thank you. I
18 want to vote. Permission to vote on all general
19 order, and be excused to explain my vote.
21 COUNCIL MEMBER KOSLOWITZ: I vote aye on
22 General Orders, and I want to congratulate Gail
23 Benjamin. Thank you for all the years you have
24 served the Council, and thank you for building New
25 York City the way it is now. Thank you so much. And

1 STATED MEETING 74
2 I also want to recognize my intern, Alex Anderson,
3 who is with me. [applause] He's going to be working
4 with me this summer. Thank you.
6 Council Member Weprin.
7 COUNCIL MEMBER WEPRIN: Thank you, Madam
8 Public Advocate. Just briefly on the Municipal ID.
9 I was inspired by hearing some of the comments and
10 concerns of my colleagues to just say relax a little
11 bit. Because this bill -- this bill really authorizes
12 us to create an ID card. It doesn't -- I understand
13 all the details aren't worked out, but they will be
14 eventually. And let's be pragmatic here. By making
15 this statement that we think it's really important to
16 have these IDs so people don't have to live in the
17 shadows, we're getting that process moving forward.
18 Many of them have left, but there are a bay of
19 cameras here from across the country that are
20 covering this story.
21 And we're making a statement, and what's
22 that statement? It's that we live in the coolest
23 city in the world, right? And now we're going to
24 have a membership card, and people are going to want
25 to be part of that club. And the people who live

1 STATED MEETING 75
2 here are going to want one of these cards because
3 they want to be part of New York City, the style and
4 life, and that's what we're going to have. So I
5 think a lot of these concerns about -- You know, the
6 last time I checked, we had a pretty good
7 relationship with the guy across the hall, and we're
8 gong to be working with him on the details. So we'll
9 work that out.
10 We wanted to make a statement here today
11 that some of the people like David Greenfield
12 described who we meet everyday. New Yorkers deal
13 with people who are undocumented everyday of the
14 week, whether they realize it or not or want to admit
15 it or not. They're working in their restaurants, and
16 their stores and paying taxes themselves. And they
17 need to be able to live their lives and raise their
18 family just like the rest of us. So I'm voting for
19 this bill, and I just wanted my colleagues to know
20 that I think that, yeah, let's just relax a little
21 bit. I think some of these fears are unwarranted,
22 but we're going to work together to make sure that
23 they're addressed. Thank you.
25 Crowley.
1 STATED MEETING 76
2 COUNCIL MEMBER CROWLEY: Thank you Madam
3 Public Advocate. If I could have permission to vote
4 on all calendar items?
6 COUNCIL MEMBER CROWLEY: I vote aye. I
7 support the Municipal ID Bill, and like my colleague,
8 Council Member Weprin said, I, too believe we do live
9 in the coolest city in the world, and that we should
10 have the right to have Municipal ID for all New York
11 City residents. Thank you.
12 PUBLIC ADVOCATE JAMES: And the last
13 speaker on the General Order Calendar, Council Member
14 Torres.
15 COUNCIL MEMBER TORRES: So, I want to
16 congratulate the sponsors of Intro 253, Council
17 Member Danny Dromm and Council Member Carlos
18 Menchaca, two members whom I deeply admire, and I
19 consider them among the finest advocates for
20 immigrants in our city. So the city is lucky to have
21 the both of you. Just one point. I find the
22 criticisms about the lack of detail in the bill to be
23 odd. If we were to craft a bill and micromanaged its
24 implementation I believe that would be curtailment.
25 So I think the bill is appropriately flexible and

1 STATED MEETING 77
2 broad, as legislation should be. And I note the
3 conversation has largely been centered around 253 as
4 an immigration bill, but so many of the actions in
5 which we engage require multiple forms of
6 identification. When I was applying for an
7 apartment, I had to submit multiple forms proofs
8 of residence. And I feel this would be a convenience
9 that would benefit everyone not only immigrants in
10 our city. But the final point is that this
11 fundamentally a debate about equality. We cannot
12 claim to be an equal city when there is a part of our
13 population that does not have equal access to city
14 services. And when it comes to access to city
15 services, this bill will bridge a morally untenable
16 gap between the tale of two cities. So I'm a
17 wholehearted supporter, and again I want to
18 congratulate the Speaker and Council Member Menchaca
19 and Council Member Dromm for making history.
20 PUBLIC ADVOCATE JAMES: Seeing no other
21 speakers, on General Orders, Report of Special
22 Committees.
23 CLERK: None.
24 PUBLIC ADVOCATE JAMES: Reports of
25 Standing Committees?
1 STATED MEETING 78
2 CLERK: Report of the Committee on
3 Immigration, Intro 253-A, New York City Identify Card
4 Program.
5 SPEAKER MARK-VIVERITO: And are getting
6 coupled on General Order.
7 CLERK: General Order Calendar. LU 62
8 and Res 0330 through LU 64 and Res 0332 Zoning
9 Amendment
10 SPEAKER MARK-VIVERITO: Coupled on
11 General Order.
12 CLERK: LU 65 and Res 0333 UDAAP in
13 Manhattan.
15 General Order.
16 CLERK: LU 71 and Res 0334 Property Tax
17 Exemption.
19 General Order.
20 CLERK: LU 72 and Res 0335 UDAPP
21 Brooklyn.
22 SPEAKER MARK-VIVERITO: Coupled to be
23 filed pursuant to order of withdrawal.
24 CLERK: LU 75 and RES 0336 UDAAP
25 Manhattan.
1 STATED MEETING 79
2 CLERK: LU 76 and Res 0337 Acquisition of
3 property.
4 SPEAKER MARK-VIVERITO: Coupled on General
5 Order.
6 CLERK: LU 80 and Res 0338 and LU 83 and
7 Res 0339 Property Tax Exemptions.
9 General Order.
10 CLERK: LU 86 and Res 0340 through LU 88
11 and Res 0342 Zoning Amendments.
13 General Order.
14 CLERK: LU 90 and Res 0343 through LU 92
15 and Res 0345 Property Tax Exemptions.
17 General Order.
18 CLERK: LU 93 and Res 0346 and LU 94 and

'
19 Res 0347 HPD Applications.
21 General Order.
22 CLERK: Preconsidered Intro 388 Naming of
23 63 thoroughfares and public places.
25 General Order.
1 STATED MEETING 80
2 CLERK: Resolution Appointing various
3 persons commissioner of deeds.
5 General Order, and would now ask for a roll on all
6 items on the General Order Calendar.
7 CLERK: Arroyo.
8 COUNCIL MEMBER ARROYO:
9 CLERK: Barron.
10 COUNCIL MEMBER BARRON: Aye, with the
11 exception of Land Use 88.
12 PUBLIC ADVOCATE JAMES: Could you repeat
13 your vote, Council Member?
14 COUNCIL MEMBER BARRON: Aye on all except
15 Land Use 88.
17 You're abstaining on the land use?
18 COUNCIL MEMBER BARRON: Yes.
20 Roll call.
21 CLERK: Cabrera.
22 COUNCIL MEMBER CABRERA: Aye.
23 CLERK: Chin.
24 COUNCIL MEMBER CHIN: Permission to
25 explain my vote?
1 STATED MEETING 81
3 COUNCIL MEMBER CHIN: First of all, I
4 want to thank -- say a big thank you to Gail Benjamin
5 for all her guidance and support, and all the new
6 work that we did in the last during District 1. And
7 I also want to congratulate my colleagues, Council
8 Member Dromm and Menchaca, and our Speaker for the
9 Municipal ID Legislation, and I also wanted to
10 welcome a group of my summer interns, Allen Kildare
11 [phonetic], Abe Zinger, Alice Yang, Christine Well,
12 Jessica Chang, Juan Wang, Ashula Rouse [phonetic],
13 Taylor Banning, and Amika Summer. I was very proud
14 of the summer, but welcome, and I proudly vote aye on
15 all. Thank you.
16 CLERK: Cohen.
17 COUNCIL MEMBER COHEN: Aye.
18 CLERK: Cornegy.
19 COUNCIL MEMBER CORNEGY: Aye on all.
20 CLERK: Cumbo.
21 COUNCIL MEMBER CUMBO: Aye.
22 CLERK: Deutsch.
23 COUNCIL MEMBER DEUTSCH: Aye.
24 CLERK: Dickens.
25
1 STATED MEETING 82
2 COUNCIL MEMBER DICKENS: Permission to
3 explain my vote.
5 COUNCIL MEMBER DICKENS: I want to say
6 thank you to Gail Benjamin who is probably the
7 smartest woman, or the smartest person that I have
8 met when it comes to New York City land use. I'm
9 going to miss her, and I'm definitely going to miss
10 the institutional knowledge and information that she
11 has shared with all of us. I want to congratulate my
12 colleagues Council Members Dromm and Menchaca and to
13 the Speaker, and I vote aye on all and may everyone
14 have a wonderful summer.
15 CLERK: Dromm.
16 COUNCIL MEMBER DROMM: Aye on all
17 CLERK: Espinal.
18 COUNCIL MEMBER ESPINAL: Permission to
19 explain my vote.
21 COUNCIL MEMBER ESPINAL: Thank you. I
22 just want to talk about a street renaming happening
23 in my district. On behalf of Monsignor John Peyton.
24 He was a pastor in my district for over 25 years, but
25 he did not only serve the people of his parish. He

1 STATED MEETING 83
2 was a dedicated active community leader in East New
3 York. He was responsible for many social programs
4 like soup kitchens, adult literacy classes, and the
5 youth center. And he is the reason I stand her today
6 as a City Councilman. Actually, many years ago when
7 I graduated college, he called me and told me a local
8 politician was looking for an aid in his office, and
9 I rose to the opportunity and took that job. He did
10 pass away three months later. Unfortunately, he did
11 not get to see me elected, but I just want to say
12 Monsignor John Peyton rest in peace and thank you for
13 everything you done for me.
14 PUBLIC ADVOCATE JAMES: How do you vote?
15 [Pause]
17 COUNCIL MEMBER ESPINAL: I vote aye.
19 CLERK: Eugene.
20 COUNCIL MEMBER EUGENE: Aye.
21 CLERK: Ferreras.
22 COUNCIL MEMBER FERRERAS: [off mic]
23 CLERK: Garodnick.
24 COUNCIL MEMBER GAROLDNICK: Aye.
25 CLERK: Gentile.
1 STATED MEETING 84
2 COUNCIL MEMBER GENTILE: Aye.
3 CLERK: Gibson.
4 COUNCIL MEMBER GIBSON: Permission to
5 explain my vote.
7 COUNCIL MEMBER GIBSON: Thank you, Madam
8 Public Advocate. I want to speak on one of the
9 street renamings in Intra 388. It is the renaming of
10 the Nelson Avenue between 167 and 168 in the
11 Highbridge Community. After Bishop Wenzell P.
12 Jackson, who was a good friend of mine, a father
13 figure. And he was the Chair of the Bronx Community
14 Board 4, the Vice Chair of the 44th Precinct Council.
15 He was Chair and Founder of the Highbridge Clergy
16 Coalition, and he was Senior Pastor of the Mount
17 Herman Baptist Church. He left a mark on our
18 community. He was also' a part of a group that
19 founded the first middle school in the Highbridge
20 community that has a green roof. And we are so
21 excited that last September that opened to 400 middle
22 school students. He was someone who stood so tall
23 for equality and just for so many people, and I am so
24 honored to still be a friend to the Mount Herman
25 Family, his wife of 24 years, First Lady Tarnal

1 STATED MEETING 85
2 Jackson, and the entire Mount Herman Baptist Family.
3 I'm so honored to be a member of this Council to
4 introduce this bill to rename a street so that
5 forever we remember Bishop Wendell Jackson.
6 And in addition, I would just like to
7 offer my strong support for Intro 253, the New York
8 City Municipal ID Program. Certainly this is a wise
9 investment to ensure that all New Yorkers have access
10 to obtain an identification card and access to these
11 services like libraries and museums, banking
12 institutions, and many other critical human services.
13 Many of my residents in the Bronx will significantly
14 benefit from this. I believe this is a great step of
15 progress in the right direction to address many of
16 the challenges facing many New Yorkers.
17 I also urge my colleagues as we work in
18 full implementation and rollout to focus on education
19 and communication. This is the largest city in the
20 nation, and we want to make sure we do this right and
21 serve as a model for others. I want to thank my
22 distinguished colleagues Council Members Dromm and
23 Menchaca for their leadership as well as our Speaker,
24 and I will be voting aye on all.

1 STATED MEETING 86
2 CLERK: Greenfield.
3 COUNCIL MEMBER GREENFIELD: Thank you.
4 May I explain my vote, please?
6 COUNCIL MEMBER GREENFIELD: Thank you.
7 I'm very excited today about the co-naming that I
8 will put in for Rabbi Michael Ber Weissmandl to rename
9 a portion of 50th Street between 14th and 15th Avenue
10 in honor of his memory. Rabbi Weissmandl was born in
11 Hungary in a very small town. He lived his life as a
12 prominent Rabbi, and then when the Nazis came he
13 dedicated his life to saving lives. He created a
14 working group. He went from country to country, and
15 did everything that they could. They pled, the
16 bribed, they threatened, and together they literally
17 saved hundreds of thousands of lives.
18 It was his plan, in fact, which was the
19 plan that would have had the United States on the
20 railways to Auschwitz. It made its way to the
21 President's desk. Unfortunately, the President did
22 not see fit to do so. He reached folks like FOR and
23 Winston Churchill and Pope Pius, and the Archbishop
24 of Canterbury. He was an unassuming man. He was
25 actually on the trains himself to a death camp, and he

1 STATED MEETING 87
2 managed to escape by breaking a lock open with a wire
3 that he had hidden in a loaf of bread. Unfortunately,
4 his family was surrounded and they did not manage to
5 escape. His family had died. When he came to the United
6 States of America, there are reports that he would walk
7 around banging his head on the wall at the inability to
8 save his own family while saving others.
9 But he realized that he had to move on. He
10 remarried. He built a family. He created many
11 congregations, and the renown Shiva called the Knights
12 for Shiva [sic]. And, in fact, one of those
13 congregations is currently on 50th Street between 14th
14 and 15th Avenue, which will be renamed in his honor.
15 In my final seconds, I just want to once
16 again acknowledge and thank Gail Benjamin for her
17 outstanding leadership and work service, three decades of
18 being the Land Use guru for not just the New York City
19 Council, but for the City of New York. She is a person
20 of great integrity and her and her knowledge will be
21 sorely missed. Thank you very much.
22 PRESIDENT JAMES: How do you vote?
23 COUNCIL MEMBER GREENFIELD: I'm going to
24 go with aye.

1 STATED MEETING 88
2 CLERK: Johnson.
3 COUNCIL MEMBER JOHNSON: Permission to
4 explain my vote.
7 Public Advocate for the opportunity to share my
8 support today for Clinton Urban Renewal Area Site 7,
9 Land Use Item 62 to 65. This project will bring two
10 new buildings, approximately 508 units, 184 to be
11 affordable. That is 39% affordability, 39%
12 affordable housing. And it will come with units from
13 80% to 100% to 130% of area meeting an income; 165%.
14 It is a true mixed-income development. Every unit
15 regardless of the market are affordable. They have
16 the same fixtures, the same finishes so that none of
17 the units are different throughout these buildings.
18 It achieves 82% of distribution so that
19 affordable units are not segregated on certain floors
20 in these buildings. This project will support three
21 new community gardens, 7,000 square feet of new open
22 space. It's going to join network gardens, in-house
23 kitchen operated by the Clinton Housing Land Trust.
24 I'm grateful to Taconic Whitterman [phonetic]
25 Developer for a $200,000 contribution to this land

1 STATED MEETING 89
2 trust to support Dawiccaland [phonetic] Park, an
3 important park in the district. This development
4 should set a new standard for how developers look at
5 the community and the city to achieve high rates of
6 distribution and permanent affordability.
7 Thank you again for letting me comment,
8 and I want to just finish by saying this was one of
9 the, I think final things that Gail Benjamin really
10 put her mark on, worked on, worked with my office on,
11 worked with all of the advocates and the community
12 board on. I spent 8-1/2 years on a community board
13 on the West Side of Manhattan. I chaired a land use
14 committee. Gail Benjamin is invaluable. It is a
15 real loss for the Council, and I'm excited for her,
16 and I just give my deepest gratitude and thank for
17 her tremendous service to the City Council and City
18 of New York. Thank you very much.
19 PUBLIC ADVOCATE JAMES: Thank you. Quiet
20 in the Chambers, please.
21 CLERK: Kallos.
22 COUNCIL MEMBER KALLOS: Permission to
23 explain my vote?
25
1 STATED MEETING 90
2 COUNCIL MEMBER KALLOS: I would like to
3 take a brief moment to acknowledge that Taylor Digby.
4 She's my Senior Fellow and Director of Human
5 Services. I want to thank her for her service, and I
6 also want to take a moment to thank Gail Benjamin for
7 her decades for service to the people of the City of
8 New York and I vote aye on all.
10 CLERK: King.
11 PUBLIC ADVOCATE JAMES: King.
12 COUNCIL MEMBER KING: I will vote aye on
13 all, and I just wanted to thank my new intern Sabrina
14 Guzman [phonetic] joining us for the first time in
15 the Council Chambers.
17 CLERK: Koo.
18 COUNCIL MEMBER KOO: I vote aye on all,
19 and I also want to wish Gail Benjamin a happy
20 retirement, and I want to wish everyone that you have
21 a good summer. Thank you.
23 CLERK: Lancman.
24 COUNCIL MEMBER LANCMAN: Aye on all.

) CLERK: Lander.
25
1 STATED MEETING 91
2 COUNCIL MEMBER LANDER: I vote aye.
3 CLERK: Levin.
4 COUNCIL MEMBER LEVIN: Permission to
5 explain my vote.
7 COUNCIL MEMBER LEVIN: Thank you, Madam
8 Public Advocate. My colleagues I want to thank and
9 acknowledge Council Members Dromm and Menchaca for
10 their work in passing this bill, and for crafting
11 this bill for Municipal ID because it is going to
12 have a great benefit to countless New Yorkers and
13 change people's lives, and change our city. And it
14 shows that we as New York can be the progressive
15 leaders that we know that we are in this country. I
16 want to take a moment to thank Council Member Brad
17 Lander on working to establish Jon Kest Way on Nevins
18 Street between Flatbush and Livingston. We are
19 honored to be able to do this in honor of a
20 tremendous and compassionate individual.
21 Jon Kest is a great inspiration to many
22 of us, and I'd like to think that one important part
23 of Jon's legacy is where we all are today here in New
24 York City in this Council and working with Mayor de
25 Blasia on and rally working for the people of New

..
1 STATED MEETING 92
2 York City. And working for working people, and
3 making sure that we have a fair city, and a city that
4 lives up to our ideals. And Jon was such a big part
5 of that, and this is -- I like to think that the work
6 that we're doing today, is really part of his legacy.
7 And lastly, I want to acknowledge the
8 great work of Gail Benjamin, and all the great things
9 that she's done for me personally both in my role as
10 a Council Member and my role as the former Chair of
11 the Subcommittee of Dispositions and Concessions.
12 Gail was always there for me to offer wise and sage
13 advice, and to tell me when I was doing things wrong,
14 and tell me when I was doing things right. And I
15 will miss her very much. Thank you, Gail.
17 COUNCIL MEMBER LEVIN: I vote aye on all.
19 CLERK: Levine.
20 COUNCIL MEMBER LEVINE: Thank you. I
21 want to say a word about Land Use Item 87, which is
22 in my district on 106th Street between Columbus and
23 Amsterdam. This would actually down zone, lower the
24 height and density allowable on this block bringing
25 it in line with a previous down zoning of a broader

,,
1 STATED MEETING 93
2 neighborhood of the Northern Upper West Side. Until
3 six months ago, this area was in the district of then
4 Council Member Melissa Mark-Viverito. And I want to
5 acknowledge that she worked tirelessly, and
6 effectively for more than four years to navigate what
7 was a very complicated political and economic and
8 community issue. And I'm happy to be building on her
9 work today in the Council.
10 I also want to say a word about a Land
11 Use Item up for consideration in my district, which
12 would rename the corner of 121st Street and Broadway
13 in honor of the great George Carlin who grew up on
14 that block. He was not only a world famous
15 entertainer, actor, and comic, but he was also a
16 groundbreaking and influential voice for the
17 principle of expression in the arts. And that's why
18 I'm so pleased that we're going to be honoring him in
19 this important way. And I want to acknowledge local
20 activist Kevin Bartini [sp?], who has worked for
21 years to build a coalition unlike any other I've seen
22 organization for a street naming. And deserves a
23 world of credit on bringing us to this day. Thank
24 you.
25 PUBLIC ADVOCATE JAMES: And your vote.

' I
1 STATED MEETING 94
2 COUNCIL MEMBER LEVINE: And I'll be
3 proudly voting aye on all.
5 CLERK: Maisel.
6 COUNCIL MEMBER MAISEL: I'm going to
7 abstain on Intra 253-A and aye on the rest.
9 CLERK: Matteo.
10 COUNCIL MEMBER MATTEO: No, on Intra 253-
11 A. Aye on the rest.
12 PRESIDENT JAMES: Thank you.
13 CLERK: Mealy.
14 COUNCIL MEMBER MEALY: [off mic]
15 CLERK: Menchaca.
16 COUNCIL MEMBER MENCHACA: Permission to
17 explain my vote.
19 COUNCIL MEMBER MENCHACA: Thank you,
20 Public Advocate, and I really want to thank my
21 colleagues today for many of these conversations
22 we've been having for weeks and months. And so I
23 continue to encourage you to engage both Council
24 Member Dromm and I as we move forward to really
25 perfect what we think is an incredible opportunity

1 STATED MEETING 95
2 for this city. Thank you for all those that are in
3 support of this, and I really want to dedicate this
4 vote to the entire coalition of organizations that
5 have been fighting for this and more. As we continue
6 to move through our legislative victories in this
7 Council, that coalition has been strong. They have
8 been meeting with us day in and day out at all hours
9 of the day. And so to them, I dedicate this vote.
10 [Speaking Spanish] I vote aye on all.
12 CLERK: Mendez.
13 COUNCIL MEMBER MENDEZ: Permission to
14 explain my vote.
16 COUNCIL MEMBER MENDEZ: So first, I want
17 to start off by saying while we're ending this
18 legislative session now in June, we're also coming to
19 the end of Gay Pride Month. I want to wish everyone
20 a happy pride, and ask everyone to march with us on
21 Sunday on the parade. And we have the largest LGBT
22 delegation in this Council now with six members, and
23 we'd be proud to have all the other member march with
24 us on Sunday. And I speak about this also to talk
about the Municipal ID bill. It just does not help.

)
25
1 STATED MEETING 96
2 I mean it helps immigrants, but it also helps the
3 LGBT community. Today, here, my Brian Allicotte
4 [phonetic] is sitting up there. And this would allow
5 him to get his ID, and to self identify as the man
6 that we know that he is. And, that will be a very
7 good moment for all of us. And for so many of the
8 transgenders who have been going through this
9 problem, and want to self-identify and have the
10 identification adequately say who they are and what
11 they feel. So I proudly vote aye on this bill, and
12 thank my colleagues Danny Dromm and Carlos Menchaca
13 for bringing this bill to the floor. And I also want
14 to say my kudos to Gail Benjamin. She has been an
15 incredible for here. I met here in 2000, and she's
16 been a friend and ally and helped me through lots of
17 land use issues. I will miss you. And I also to
18 thank the Controller Scott Stringer. I understand he
19 signed checks in the Central Park Five. We can make
20 that part of history, and put that behind us. Thank
21 you very much, and I vote aye on all. [applause,
22 cheers]
23 CLERK: Miller.
24 COUNCIL MEMBER MILLER: I would listen
25 to-- I would also like to echo the sentiments of

1 STATED MEETING 97
2 Gail Benjamin leaving. She's been stalwart, and very
3 helpful during my brief period of time here in the
4 Council, and she will be sorely missed. I also want
5 to talk about the -- I want to thank the Speaker for
6 her leadership, and the other leaders within the
7 Council here for making my transition here, my first
8 year a smooth and successful year. I thank you very
9 much for that. I would also like to thank my team --
10 Team Miller for the work that they have done.
11 Obviously, Joe Goldblum, Ali Dasumanejad [phonetic]
12 and my interns Jay and Jim, and I'm leaving someone
13 out and that would be Sammy Henson, and I vote aye on
14 all. Thank you.
16 CLERK: Reynoso.
17 COUNCIL MEMBER REYNOSO: Permission to
18 explain my vote.
20 COUNCIL MEMBER REYNOSO: I'd like to just
21 say that I'm extremely grateful for today living in
22 the greatest city in the world where we actually get
23 things done unlike our counterparts in the federal
24 government and in the state at times. When we live
25 in a country where in some places it's easier to get

1 STATED MEETING 98
2 a gun than it is to get an ID, I think we're doing it
3 the wrong way. I call on my Republican colleagues to
4 co-lead or co-sponsor a resolution to call on
5 immigration reform in the federal government. I hope
6 that they can sponsor with me. And I want to
7 congratulate Council Member Danny Dromm for the great
8 work that he's done in leading this push for the last
9 five years. And to the first Mexican-American
10 elected to office in this state. You truly are a
11 super star, and you're my brother, and, of course, I
12 proudly vote aye. [Speaking Spanish] (laughter]
13 CLERK: Richards.
14 COUNCIL MEMBER RICHARDS: Aye on all.
15 CLERK: Rose.
16 COUNCIL MEMBER ROSE: Aye.
17 CLERK: Rosenthal.
18 COUNCIL MEMBER ROSENTHAL: Permission to
19 explain my vote in Spanish.
21 COUNCIL MEMBER ROSENTHAL: All right,
22 here it goes.
23 PUBLIC ADVOCATE JAMES: Here it goes.
24 COUNCIL MEMBER ROSENTAHL: And --
25
1 STATED MEETING 99
2 PUBLIC ADVOCATE JAMES: You only have
3 three minutes.
4 COUNCIL MEMBER ROSENTHAL: [Speaking
5 Spanish] [applause, cheers] My district and I are
6 very much looking forward to applying for a Municipal
7 ID.
8 CLERK: Torres.
9 COUNCIL MEMBER TORRES: Wow, Helen, you
10 speak better Spanish than I do. I want to commend
11 Gail Benjamin actually. When I joined the Land Use
12 Committee hearing, I pointed out that Gail was two
13 when she started her career in her City Council. I
14 was two when she started. So someone is getting old.
15 I'm getting old. But I was two when Gail began her
16 career in the City Council, and I admire the length
17 and the quality of your service here, and it's an
18 example for all of us. And I thank you for
19 everything you have done. The city has benefitted
20 from your institutional memory and this body as well.
21 And I, too, look forward to the moment when I get a
22 Municipal ID. I proudly vote aye.
23 CLERK: Treyger.
24 COUNCIL MEMBER TREYGER: Permission to
25 explain my vote.
1 STATED MEETING 100
3 COUNCIL MEMBER TREYGER: When I was a

~
4 teacher, there was a learning environment survey that
5 we asked parents to return. And the number one group
6 that we had difficulties with getting them back were
7 immigrants because-- And I think Council Member
8 Dromm could agree with that, and others here as well.
9 And the fear was about who will see this information?
10 Where does it go? And this would count against
11 schools not getting a high number of them returned.
12 And I had to go to the painstaking effort of making
13 phone calls, meeting with parents to ensure them that
14 this information would not be used in any way against
15 them. There was nothing on there that could be used
16 against them, anyway. I truly commend and have much
17 respect for my colleagues, Council Member Menchaca,
18 Council Member Dromm.' I believe that this is an
19 absolute. The concept is phenomenal. I believe that
20 we need a New York City card. We need a discount
21 card to the culturals, and I can see great potential
22 in this.
23 But the concerns raised by Council Member
24 Maisel are the ones I share as well. For two years,
25 information will be stored in the database, and in

.
2 two years we'll probably have a new president. And I
3 am concerned that we might be inadvertently
4 unintentionally creating a database that a future
5 president that might not be as friendly to immigrants
6 as our current one is. To look to this to be a
7 database tool to shift through to harass and
8 intimidate immigrant communities. And that is why I
9 look forward to working with my Council colleagues
10 and the Administration to make sure that we correct
11 this potentially fatal flaw.
12 Because immigrants -- those colleagues
13 raised the concerns that-- security concerns that
14 potential criminals could abuse. Immigrants are not
15 criminals. They are the fabric of our city, of our
16 nation. They built this country. But I feel
17 compelled today to abstain until we resolve this
18 potentially fatal flaw that could be used to
19 potentially hurt our immigrant brothers and sisters.
20 So I'm going to abstain on Intro 253-A, and I vote
21 aye on the rest. Thank you.
23 CLERK: Ulrich.
24 COUNCIL MEMBER ULRICH: Permission to
25 explain my vote.
\ '
2 PUBLIC ADVOCATE JAMES: Yes, sir.
3 COUNCIL MEMBER ULRICH: Madam Public
4 Advocate, I have the utmost respect for my two
5 friends and colleagues who are the prime sponsors of
6 Intro 253-A, and I share their passion, and their
7 commitment to fighting for comprehensive immigration
8 reform because I believe it is desperately needed.
9 And as it was said previously, I think that
10 Washington has failed not only our city, but our
11 country--
12 PUBLIC ADVOCATE JAMES: Excuse me Council
13 Member. Can we have quiet in the Chambers, please.
14 SERGEANT-AT-ARMS: Quiet in the Chambers,
15 please.
16 COUNCIL MEMBER ULRICH: --in not passing
17 comprehensive immigration reform at the federal
18 level. But I want to identify myself with the
19 comments made by my colleague Council Member
20 Garodnick, and also to a larger extent, Council
21 Member Maisel. I fear that the immigrants that I
22 represent, and the immigrants in our city because of
23 this bill and because of the Municipal ID Card
24 potentially could be lulled into a false sense of
25 security. And that one day when the political tides

2 turn, because it is a pendulum that swings both ways,
3 that immigrants might be targeted because we are
4 collecting this information from them.
5 I'm also disappointed because I had
6 expressed a willingness to support this measure and
7 this bill, and I wanted to see other components
8 included in the final measure including as the
9 Minority Leader mentioned a veteran component. The
10 fact that we allow veterans to identify themselves on
11 a New York State driver's license or a New York State
12 identification card, and we're not doing that here is
13 a disservice to our veterans. It's also
14 disrespectful to our veterans. The fact that an
15 undocumented person in our city can get a Muni ID
16 card and get a discounted at the museum, but a
17 veteran and an American citizen has to pay full price
18 if they don't have that identification because quite
19 frankly they think that they don't need one is also a
20 disservice to those individuals. So I hate to say
21 that I let the perfect be the enemy of the good here,
22 but that is, in fact, the case. So I am respectfully
23 voting no on Intro 253-A and aye on the rest. Thank
24 you.

2 CLERK: Weprin.
3 COUNCIL MEMBER WEPRIN: Madam, I'd like
4 to explain my vote in Korean.
5 PUBLIC ADVOCATE JAMES: Please.
6 COUNCIL MEMBER WEPRIN: Okay, I don't
7 speak Korean. Otherwise, I would like to, though.
8 [laughter] No, just briefly. I would be remiss if I
9 didn't mention Gail Benjamin also. Gail is the most
10 knowledgeable "person I've met in government. It's a
11 lot of people I'm putting her in the class with, and
12 she is someone we are going to miss tremendously
13 because she has a historical perspective that no one
14 else does, and is knowledgeable on so many aspects of
15 this. And I said the other day that one of the
16 things that is so great about her is that she never
17 acts like she's better than you are, she just is
18 better than you are, [laughter] and I think that's
19 true. So that in mind [Speaks Korean] and I vote
20 aye.
21 CLERK: Williams.
22 COUNCIL MEMBER WILLIAMS: Madam, please
23 excuse my vote.
25
2 COUNCIL MEMBER WILLIAMS: Thank you.
3 First, I do want to say thank you to our Mayor and
4 our Speaker, who are the fabulous teacher, [sic] for
5 providing leadership on this in making the Municipal
6 IDs an issue that was a priority. And, of course,
7 congratulations to Council Members Dromm and Menchaca
8 for this landmark legislation. I, too, like many of
9 my colleagues have some big concerns about how much
10 is left after this bill is passed. I know that we
11 can't. We can't legislate every eventuality. But I
12 wish there were more public statements on three
13 categories: The weighting of what you have to submit
14 to provide who you are area, that the NYPD is going
15 to do with the data, which I know hopefully we'll be
16 seeing quarterly.
17 And most importantly, the incentives that
18 will be made so that people like me and others, who
19 want to get one, will get one. I think that a lot of
20 these things could have been worked out a little more
21 before it was brought to the floor. But it wasn't,
22 and today I'm forced into what is basically a kind of
23 binary choice that has to be made. And so, for my
24 parents who carne here as immigrants and now are
25 citizens, but for my brother who is blood who could

. '
2 not go to his mother's funeral because he was
3 undocumented. I'm going to vote to support what I
4 believe is the authorization to create this ID on
5 faith that we will correct a lot of the issues, and
6 really make sure that this is not dangerous those who
7 are actually getting it.
8 Because if we don't, I believe that we
9 will be endangering some people. And if we don't fix
10 those three categories and make it plain, I believe
11 we will not be doing what we achieved to do. And I
12 will be one of the people leading the charge to
13 retract this, and make sure that it doesn't go any
14 further. So I am concerned about these things, but
15 again, I'm going to vote aye with the hope that the
16 final product when it comes out will have addressed
17 these things. So, I'd like to vote aye on all with
18 the exception of L Use -- Land Use 88, and I want to
19 say congratulations to Gail Benjamin.
21 Council Member, on Land Use 88, you're voting no or
22 you're abstaining on Land Use 88?
23 COUNCIL MEMBER WILLIAMS: Sorry. I'm
24 abstaining.
25 CLERK: Ignizio.
2 COUNCIL MEMBER IGNIZIO: I would just
3 like to vote no on 253-A and aye on all others, and I
4 wish Gail Benjamin, a woman I've known for 17 years,
5 a great retirement. When I first came in, Gail
6 taught me the ropes like she taught so many of us,
7 and always helped us. I had more hair. It was
8 blacker. She looks just as beautiful, and I'm sure
9 she's going to enjoy her retirement. I wish her
10 well, and to all my colleagues who effectively are
11 going on recess, I wish you a very good summer. And
12 I see that staff is really happy that we're getting
13 out of town. I just want to be honest with
14 everybody. Thank you all and have a good summer
15 until I see you a couple of weeks.
16 CLERK: Van Bramer.
17 COUNCIL MEMBER VAN BRAMER: Aye on all.
18 CLERK: Speaker Mark-Viverito.
19 SPEAKER MARK-VIVERITO: [off mic]
20 PUBLIC ADVOCATE JAMES: As we await the
21 results, let's congratulate Council Member Richards
22 on his upcoming marriage, and Gail Brewer on his
23 retirement. All items--
24
25
2 COUNCIL MEMBER RICHARDS: I've been
3 wait, wait, wait, wait. I've been married three
4 years. No controversy here.
5 PUBLIC ADVOCATE JAMES: [laughs] Miller.
6 I'm sorry. Miller. I'm sorry.
7 PUBLIC ADVOCATE JAMES: Oddo is getting
8 married?
9 PUBLIC ADVOCATE JAMES: [laughs] All
10 items on today's General Order Calendar were adopted
11 by a vote of 48 in the affirmative, zero negative,
12 and zero abstentions with the exception of Intro 253-
13 A, which was adopted by a vote of 43 in affirmative ;
14 three in the negative, two abstentions. Land Use
15 Call-ups -- Land Use, LU 88 and Res 0342, which was
16 adopted by a vote of 46 in the affirmative, zero
17 negative, two abstentions. Congratulations Council
18 Member Miller. Closing remarks from Speaker Melissa
19 Mark-Viverito.
20 SPEAKER MARK-VIVERITO: Thank you again,
21 Madam Public Advocate. Again, this is a really -- I
22 think Council Member Inez Barron had something to
23 say.
24 [Pause]
25
3 Inez --
4 SPEAKER MARK-VIVERITO: General
5 discussion.
7 Introduction and Reading of Bills. Discussion of the
8 Resolutions. None. Resolutions: None. General
9 Discussion: Council Member Gibson.
10 COUNCIL MEMBER GIBSON: Thank you very
11 much, Madam Public Advocate. Let me take a quick
12 opportunity. Earlier when we voted on the budget, I
13 neglected to acknowledge several people.
14 Unfortunately, my speech was cut short, colleagues.
15 I'm sorry for that. But I do want to thank again--
16 This has been exciting journey for me as someone who
17 worked in Albany for many years starting out as an
18 intern and now coming to this body and working some
19 incredible public servants. It's been an honor, and
20 a true blessing. And I want to thank our Mayor Bill
21 de Blasia, and our Speaker, and the entire Finance
22 Team that I recognized yesterday. But I also want to
23 recognize Latanya McKinney [phonetic], as well as
24 Tanisha Edwards, and my folks Ellen Ang, Regina Ryan,
25 and Isha Wright for all of their work. And I do this

2 as a team. I cannot forget my incredible Budget
3 Director Martin Munoz, who is here with me everyday,
4 as well as my Communications Director, Jamie Gilkey
5 [phonetic] . It has truly been a pleasure working
6 day-to-day with all of you, and now as we embark on
7 this summer season, I want to wish each and every one
8 of you a wonderful and blessed summer season. And to
9 Gail Benjamim, who has made an incredible mark on
10 this Council. Gail, you have been a footprint in the
11 City Council, and you are irreplaceable, and we truly
12 thank you for your dedication, your integrity, your
13 commitment, your character, and your investment in
14 the City of New York. We're going to miss you. But
15 we're going to follow in your foot steps, and
16 continue to create sound development in his City of
17 New York that provides equity for all of our New
18 Yorkers. And with that, I want to thank everyone
19 again for just allowing me to be a part of this City
20 Council family. I've really, really appreciated each
21 and everyone of you, my brothers and sisters. Thank
22 you so much. God bless you all, and congratulations
23 again to Council Members Menchaca and Dromm on this
24 monumental legislation. Thank you again.
25
2 PUBLIC ADVOCATE JAMES: Quiet. Quiet in
3 the Chambers, please. Council Member Barron.
4 SERGEANT-AT-ARM: Quiet, please.
5 COUNCIL MEMBER BARRON: Thank you, Madam
6 Public Advocate. I'll be brief. I just want to say
7 that last night as I commended this body for
8 presenting a budget that for the first time had an
9 equitable distribution of the funds that we were able
10 to allocate. I forget to commend the Finance Team,
11 my staff, and my interns as well for helping guide me
12 through the process. And I forgot to acknowledge the
13 trailblazers who talked about reform in the City
14 Council. So I want to make sure that it goes on the
15 record that first to my City Council that was headed
16 by Council Member Charles Barren, Allen Jennings, and
17 a group of about 20 other Council members. Thank
18 them for their leadership in that regard.
19 I want to add my comments of appreciation
20 and thanks to Gail Benjamin as she goes forward in
21 her retirement. To the sponsors of the immigration
22 card, I want to commend you. And I want to say this
23 is a card that will also benefit people who need
24 services such as you and senior and homeless. So we
25 want to appreciate the fact that they're working in

2 that regard. And as has already been mentioned,
3 thank you. Last night, I talked about the fact that
4 the Comptroller was dragging his feet. As has been
5 said, he has signed that settlement, and there will
6 be a press conference on the steps of City Hall
7 tomorrow at 1:00, and you are all invited to be
8 there. Thank you.
10 King.
11 COUNCIL MEMBER KING: Thank you. The
12 DLAC 15-minute meeting inside the Committee Room, and
13 happy summer to everyone. Thank you.
15 Williams.
16 COUNCIL MEMBER WILLIAMS: Thank you. I,
17 just, too, wanted to make sure I make mention on the
18 record. I thank all those who worked to help Central
19 Park Five get this settlement. I thank the Mayor for
20 pushing it through, and thank you, for the
21 Comptroller Scott Stringer for signing it.
22 Hopefully, we can get this chapter behind us. I know
23 what happened to the young lady was a travesty. I
24 also remember what I felt like as a young Black male
25 in this city during that time, opening papers and

2 seeing people like me being called wolf packs and
3 wilding. And so, I would say hopefully we can move
4 this chapter behind us. And I do want to ask Mr.
5 Donald Trump, if you're not going to apologize for
6 your stupidity 25 years ago, please shut up now.
7 Thank you.
9 Gentile.
10 COUNCIL MEMBER GENTILE: Just quickly.
11 Illegal building conversions are just that, illegal.
12 So I ask you to look and review Intra 393. It is a
13 bill that I'm introducing that would allow DOB to
14 issue violations for illegal conversions based on
15 observable evidence. Like rebuttable presumption,
16 but observable evidence. So please review, and co-
17 sponsor Intra 393.
19 Cumbo.
20 [Pause]
22 Cornegy.
23 COUNCIL MEMBER CORNEGY: Thank you, Madam
24 Public Advocate. I just wanted to invite my
25 colleagues out this Saturday to my district. We will

'
2 be celebrating the 25th anniversary of Spike Les's Do
3 the Right Thing with a huge block party and street
4 co-naming, which actually had to go through the
5 Mayor's Office. I didn't realize that through the
6 City Council you can't co-name an event, but a
7 person. So please join me from 12:00 to 6:00 on
8 Stuyvesant between Quincy and Lexington to celebrate
9 the 25th Anniversary of Do the Right Thing.
11 Rose.
14 Rose.
15 COUNCIL MEMBER ROSE: I just want to say
16 to Gail Benjamin, thank you for helping us get the
17 biggest thing that happened to Staten Island, the Big
18 Wheel, and I wish you all the best. Thank you.
20 Lander.
21 COUNCIL MEMBER LANDER: Well, I do want
22 to congratulate Council Member Levine on George
23 Carlin Way. I do want to object that his speech in
24 nomination was wholly inadequate and insufficiently
25 offensive. And I just want to officially record that

2 we miss Jimmy Oddo, who I believe is the only council
3 member in my tenure who could have respectfully paid
4 sufficient tribute to George Carlin.
6 Ulrich.
7 COUNCIL MEMBER ULRICH: Very quick, Madam
8 Public Advocate. I should have brought this up
9 during the introduction of bills, but Council Member
10 Treyger and I are introducing a bill to create a
11 Hurricane Sandy monitor to help the city oversee all
12 the federal, the billions of dollars in federal aid
13 that we are receiving in federal disaster aid.
14 Essentially, it's an IG, but it's not called an IG.
15 We have to call it monitor. It will be under the
16 Department of Investigation. It's Intro 406, and I'm
17 encouraging all of my colleagues who are still here,
18 all 12 or 13 of us to please co-sponsor this piece of
19 legislation.
20 PUBLIC ADVOCATE JAMES: Speaker Melissa
21 Mark-Viverito to close.
22 SPEAKER MARK-VIVERITO: Thank you Madam
23 Public Advocate. Again, thank all my colleagues for
24 a great first part of the session. It's been
25 wonderful. We still meet in the summer, but not as

2 often. I hope everyone has an enjoyable time with
3 their family, and time off. And again, it's really
4 been great working alongside all of you and the staff
5 has been awesome as well. So with that, it's about 4
6 o'clock, and have a good one everybody. [applause,
7 cheers]
10
11
12
13
14
15
16
17
18
19
20
:21
22
23
24
25
C E R T I F I C A T E
World Wide Dictation certifies that the
foregoing transcript is a true and accurate
record of the proceedings. We further certify that
there is no relation to any of the parties to
this action by blood or marriage, and that there
is interest in the outcome of this matter.
Date June 29, 2014

EXHIBIT
G
NEW YORK STATE
Governor
DEPARTMENTof

Superintendent

September I, 2016
Michael P. Smith
President and CEO
99 Park Avenue, 4th Floor
New York, NY 10016
William Mellin
President
P.O. Box 15118
Albany, NY 12212

This letter provides guidance by the Department ofFinancial Services (the Department'') on
whether the New York City Municipal Identification Card ("Municipal ID') can be used by
banks and credit unions to verify the identity of prospective customers under New York's
accounts.
consumers and recognizes the Municipal ID as one method to expand access to financial Services
leads to savings and asset-building opportunities, and improves access to affordable credit
opportunities. Indeed, access to banking services can improve the overall economic well-being
of all New Yorkers and the New York economy.
The Department is aware that the Board of Governors of the Federal Reserve System, the Federal
Comptroller of the Currency (collectively, 'tJ?e "Federal Agencies") have previously provided
{800) 342-3736 j ONE STATE STREET, NBW YORK, NY 10004-t.SII j WWW.DFS.NY.OOV

guidance on this issue in a etter dated April30, 2015. 1 The federal CIP rule requires banks to
have CIPs for account ope ing that use risk-based procedures for verifying the identity of each
customer so that the bank c form a reasonable belief that it knows the true identity of the
customer. The minimum ormation a bank must obtain is the prospective customer's name,
date of birth, address and identification number. 2
The CIP rule does not pres ribe a specific type of government-issued identification card for use
by institutions. Institution that rely on dOcumentary forms of evidence to verify a customer's
identity should have proce ures in place to identify the types of documents the institution will
accept for such verificatio . Accordingly, it is the Department's position that institutions may
CIP procedures.
The Department encoumg New York state-chartered and licensed financial institutions to
to all potential customers t assess the risk presented by the customer and any need for additional
documentation or informat on.
;;;jL,
Maria T. Vullo
Superintendent
1
See Federal Agencies' respons letter (Aprll3o, 2015). The Federal Agencies also concluded that the
Identification number Included n all Municipal IDs satisfies the non-U.S. person Identification number
requirement contained in the t: deral CIP rules.
~ 31 C.F.R. 1020.220; see 3 NYC RPart116.2

EXHIBIT
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~-----,---------------
EXHIBIT
I
--------------

121312016 New Yak City may erase JO card data to p-cMct Illegal immigrants 1fox Ne.vs
U.S. HOME CRIME
ILLeGAL IMMIGRANT$
TERRORISM ECONOMY

IMMIGRATION DISASTERS MILITARY EDUCATION ENVIROMIIENT PERSONAL FREEDOMS REGIONS

immigrants
Publiahltd No,...mber 15, 2016
Aoaocla\ed Pre
rn~
Win~
undotod i'no;e J)<O'IIrlod 1>f ~ow V<>r1< City Hoi'"""" o ump!o ID card lo<uod by 1tte oily. A<IYocolN o1 1..1ytU'o ~110 oord pro~orn aiel ~ wcllkl ~ .,.oplo
l'liho
con. <~om;
"""""Y ~ voflllft outolt>o oh.ldowo. Now oomo ItO< houlcl01llood opooe thorn lo dtportollon. Sinco OOO.Id rn.:n.o p<lli<!enllllolecll<m victory, 111o oily Ia
ilo>lro~Jill tho corOhoilloB' perooaal,..oordo. (Now Vort City Hohio />J')

NEW YORK- \Nhen New York City launched the nation's biggest municipal ID card program last year, advocates said It would
help people living in the U.S. Illegally to venture out of the shadows.
But since Donald Trllmp was elected president, city officials are instead fielding questions about whether the cards could put

that allows for the Information to be destroyed at the end of the year.
At least one state lawmaker has criticized that idea, saying it could make it impossible to trace people if they have obtained cards
fraudulently.
htlp:f/Www.foxnews.canfusl2016111f15'new-york-clty-may-erase-ld-card-dala-to-p-~J~ea.illegal-lmmi!J'IYU.ttml 1/4
121312016' N York City may erase ID card dala to prdec:l nlegallmmigrarts l Fox News
Some immigrants take comfort in he city's stance, while acknowledging they are still wary.
Alberto Satdivia got his "IDNYC" 0ard this year after spending 15 years In the country without legal authorization .
Hit did cause me considerable co m, because they have my information, also the information of my son," the 53-year-old
Mexico native said through an in rpreter.
But he felt reassured when Mayo BiU de Blasia said last week that the city would "absolutely" safeguard cardholders' identities.
De Blaslo, a Democrat, said offici Is would assess whether to delete the personal records, a provision that was built into the
program partly over concerns a ut the possible election of a Republican president such as Trump, whose campaign promises
Included a vaw to deport millions fpeople in the u.s. !llegany.
MunicipallD programs began in 007 in New Haven, Conn., and have expanded to about 10 cities, Including Los Angeles and
San Francisco. New York's prog m Is the most ambitious, with more than 800,000 cardholders, many of them U.S. citizens or
legal residents.
Officials encouraged everyone in city to sign up, but the program was aimed at those without other forms of ID, including
homeless people and, especially, the estimated 500,000 immigrants IMng illegally in the city. The ID would help them do such
everyday things as cash a check r attend a parent-teacher conference at a public school, advocates said.
The program quickly proved pop tar, with New Yorkers waiting hours In line and months for appointments to register early on.
Pope Francis received a ceremo ial one during his visit to the city last year, and United Nations Secretary General Ban Ki-moon
said the card would make him "a al New Yoriter."
But civil liberties advocates soun eel alarms about the city collecting identity documents that immigration authorities or law
enforcement could request, with judge's approval.
The program's backers included nguage that allows for destroying the applicants' identity and residency information altha end
of 2016 if administrators do not
HProtecting It from a possible Re ubllcan president was just one of the reasons" for the provision, said City CouncHman Carlos
Menchaca, who wrote the law th I created the program.
A critic of the program said deleti the records would only compound concerns about il
"It's completely irresponsible to d stroy the documentation of people who applied for a government-issued ID card," said state
Assemblywoman Nicole Malliota is, a Republican.
She said the proof-of-Identity req irements may not be stringent enough to prevent fraud, and deleting the records would leave
authorities nno way of knowing w o these people are, how they obtained this documentation."
Some immigrants and their advo tes remain hopeful that the IDs won't backfire. The extent of the program should thwart using
it to target Immigrants here illega , since they represent only some of the cardholders, said Javiervatdes of Make the Road
New Yoric, an advocacy group th t pushed for the program.
Juan Rosas Carr-era plans to ke his appointment this weekend to get an IDNYC card, despite a friend's warning that it could be
risky to give authorities his name and address. Rosas Carrera, a Mexican national and construction worker, has been living in the
U.S. illegally for 17 years.
Still, he wants an ID card to ope a bank account and feels Irs worth the worry.
"I feel safe In New York. I also thl k that if you don't have a criminal record, nothing bad will really happen," said Rosas Carrera,
48. "But I am a bit worried about rump."
Trending In U.S.
1 Why Tn~mp was right to t.lk with
Tatwan'a pn1sldant
2 I'm a Democnlt and I'm "hamtd at

how tone d"f _ _,. ttteom.
hllp'Jiwww.foxnews.C011l!u512016N11151new-york- -may-erase-ld-card-data-to-protect-illegal-lmmigrants.hlml Y4
----~- - - - - - - - - - - - - - -

EXHIBIT
J

121412016' Mallidakls, Castorlna ask city noltode&ln:Jf IDNYC docs I Sllive.com

IDNYC docs
St. Ge-org~~ on
... ,.. "
;, ~No~'~'m;b~'~'~28~.~20~1~6~,;~4~>1~9~P~M~,~=~:'""" 02 2016 at 7:05AM
STATEN ISLAND, N.Y. -If city officials documents collected from illegal immigrants who apply for municipaiiD cards, they
are creating a "slippery slope" and security at risk. say Assembly members Nicole Ma\llotakis and Ron Castorina
Jr., who are calling on officials to hold off.!
I
The Republican Malliotakis . since its creation, as it exists primarily to provide undocumented
immigrants with photo IDs, I help them come out of the shadows, proponents argue.
Her newly-elected colleague. Castorina, objects to giving government-issued IDs to those in the country illegally,
ADVERTISING
!11Roa~ ln-.&nted I>? Ttado
'
htlpii'MVW.sillve.comhleWsllrdex.ssfl20161111mallla'<ls-castorlna_ask_city.!Vnl 113
1214"2016 Malllotakls, Casla"ina ask city nol:todestrU)' IDNYC docs I SIUve.com

They argue that the documents required to obtain an ID card are not solid proof of identification and residency in the city. The
With Donald Trump's election, the liberaHeaning mayor and City Council are in favor of destroying the ID documents for fear they
could be used to locate undocumented immigrants in the city and deport them.
Initially saying on the campaign trail that he hoped to deport the 11 million people In the country illegally, Trump has walked that
The city included a provision when it created the municipaiiD program to destroy all personal records it collected if a "Tea Party

It was done for "political reasons" Malliotakis said. "That in itself is concerning."
She noted the 9/11 Commission Report, which states that many of the hijackers used fraudulent documents to obtain IDs.
"That's the concern we have today," she said.
If a person with a city municipa!ID card uses it for nefarious reasons, investigators would need access to the documents given to
the city. If they're destroyed, that could hinder justice. Malliotakis argued.
"It was a mistake to create this program and more of a mistake to destroy documents." she said.
While people applying for the ID must have three J!Oif!!S t~c~~rm their id,!_r,.t!!ties -- like U.S. or foreign passports, U.S. or
foreign driver's licenses and U.S. or foreign birth certificates-- but they only need one to confirm their city residency.
Castorina, a lawyer and former commissioner for the city Board of Elections, is researching whether destroying the documents is

illegal M- if it is, he'll bring legal action against the city.
"We should not be issuing identification cards to people who are not here legally," he said.
111p:flwwW.slllve.comlnewsllrdeX.ssft2016111frnalliotakls_castorlna_ask_City.html
121412016' Malliotakis, Castorina ask city not to destroy IDNYC docs 1SIUve.com
He suspects that in many cases, fraudule t documents are used to obtain the IDs .
ose IDs may be used to get other IDs.
The term "slippery slope" was used sever I times by both Assembly members.
As for handing over documents to the fed ral government should it ask for it, "the City of New York has an obligation to follow the
law." Castorina said. "The city is not abov the federal government."
A City Hall spokesperson challenged the ssembly members' assertions that the ID program is lax and unsafe.
"The safety of New Yorkers is City Hall's t p priority, and that includes the nearly 40 percent of city residents who are foreign
born. We rely on law enforcement profess onals from the NYPD to set the bar for security, and IDNYC consistently meets this high
standard. Claims that IDNYC is being use by those intending serious harm is reckless fear-mongering- the IDNYC application
process is similar to DMVs across the cou try, highly trained staff use state of the art technology to identify instances of fraud,
and IDNYC cannot be used to obtain a dri er's license, board a plane, or cross a border. Over 900,000 New Yorkers have IDNYC,
and we are committed to protecting the p ivacy and security of our data. The City will make a decision regarding record retention
The story was updated to include a com ent from the mayor's office.
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tttp:llwww.siUve.com/newslindex.ssf/2016111/malli s_castorina_ask_clty.html 313


EXHIBIT
K

12Jll2016, Clly Cou"'IS,...~Io GOP' 'Go Ahead ali sue Us' OVer Pr{l)OSed lmmig-11111 Record Pu'ge
0880
M'''"" Mark-Viverito lauds the IDNYC program

2015 event. IDNYC
Cpun<:il' Speaker Melissa Mark-Viverito

o(fered a curt retort today to two Staten
lsla,ndRepublicans preparing legal
~~~~~~t~h~ecoyover its plan
flush municipal identification
r~c:onis and to shield undocumented
i$mi]5fants from President-elect Donald
Tplm]p: "go ahead and sue us."
1/5
121312016 City COlllCil Speaker lo GOP: 'Go Ahead and &e Us' Over Proposed Immigrant Record Ptrge
A legislative trap door in the bill that

created the IDNYC program almost two
years ago enables the city to trash the
data files on its applicants, many of
whom are foreign nationals lacking
other forms of government paperwork,
should a nativist president assume
office. Assemblyman Ronald Castorina
and Assemblywoman Nicole Malliotakis
contended yesterday that this option, if
Mayor Bill de Blasio utilizes it as
proposed, could make it harder for
federal law enforcement to track
potential terrorists and criminals.
ADVERTISING
The two GOP lawmakers said they

gearing up to take the city to court to
force it to retain the documents.
htlp:l/obsetVer.comJ2016/11fcily*cctrdl-speaker*to-gop-go-<ilead-and-sue-us-rmr-prcposed-lmmlgrant-record-pt.rge/ 215

121312{)16 City C I Speaker to GOP: 'Go Ahead ao:l Sue Us' Over Proposed Immigrant Record Pl.rge
" o ahead and sue us," Mark-Viverito, a
fi rce advocate for both IDNYC and the

u documented, spat out when the
0 server asked about the potential suit
at an unrelated press conference at City
H I today.
e speaker, a prominent surrogate for

H llary Clinton, has attacked Trump
N w York Ciry will remain a sanctuary

ci in spite of Republican threats of
e onomic sanctions. She echoed the
m yor today in pledging that the city will
d whatever is necessary to protect the
p ogram and its applicants from federal
ere's a law in place and the law is very

e plicit about how information is to be
h died," Mark-Viverito said during the
C ty Council's monthly pre-stated
eting. 'We are looking at exploring
t ose options and so we are gonna
e e~cise whatever rights we have as the
ci . They want to raise the funds and
t ey want to sue the city, they have every
ri ht to do so if that's what they choose
t
A d Malliotakis, for her part, caught

nd of Mark-Viverito's comments. She
d livered an equally terse response .
tttp:tfob&erver.comf2016'11fclty-ccuv::11-speaker-t J/5
121312016 City COU'lCII Speaker to GOP: 'Go Ahead and Sue Us' OVer Proposed lmmlgrart Record Puge
"Arrogant," she tweeted. "I guess as long

as taxpayers will be footing the bill to
defend her shady policies in court, it's
ok."
The de Blasio administration, along with

Mark-Viverito and advocates, has argued
that IDNYC enables undocumented
immigrants to partake in simple, run-of-
the-mill activities that require proof of
identification, such as opening a bank
account. And while the mayor is still
encouraging people to sign up for
IDNYC, Mark-Viverito isn't ready to do
the same.
She said the city is reviewing its legal

options.
"l have not taken that position," she

added. "Obviously we are very concerned

about the [issue] now-between now
and the end of the year and now and
January 2o-so we're very
clearly engaged in a conversation as I've
indicated before about one, the data is
secure right now and we're going to
retain a confidentiality."
A City Hall spokesperson told the

Observer yesterday that its staff carefully
verify personal information used to
obtain the municipal identifications, and
that an IDNYC an cannot be used to get
a driver's license, board a plane or cross a
tilp"Jfabserver.comf2016/11/clty-COIJ1cll-speaker-to-gop-go-ahead-ard-3ue-t&-over-prqx>Sed-immlgart-record-p.rge/

1213'2016 I Speaker to GOP: 'Go Ahead ard Soo Us' Over Proposed lmmigrart Record Pu"ge
rder. The spokesperson also said the
relies on the NYPD to "set the bar

fo security."
T/)is story has been updated to include a

comment from Assemb!Jiwoman Nicole
Malliotakis.
'
Disclosure: Donald Trump is the father-in-

lajv of fared Kushner, the publisher of
'
Observer Media.
NYC Council Speaker:

Trump Security Costs
4re:a 'llnctucthain;:thlo'
OBS Local
'
0 <
Causes of Male
Dysfunction
Sponsored I Sponsored I Sponsored I Sponsored I
FJtchRate Verizon Wireless HelloFresh Health Central
htlpi/obe.erver.comJ2{}16111/cily-COU"dl-speaker-W,~go-ahead-and-sue-I.MHNer-JJ"oposed-immigrart-record-ptXgel 515
Case 1:16-cv-01496-BKS-DJS Document 36-8 Filed 04/20/17 Page 20 of 24 - ' -
' '

EXHIBIT
L

1112Q'2016 Thank You from NYC.gw -The Official New York City Web Site
NYC Resources I I Offic~

311 of the Mayor
Shown below is your ubmission to
This form
NYC.gov on Tuesday, November 29,
sides at http://vvww1.nyc.gov/site/hraJabouUfoll-request.page
2016 at 12:23:11
NAME of FIELDS DATA
FinitName: Ronald
Last Name: Castorina Jr
City' Staten Island
State: NY
ZIP Code: 10307
Phone: 718-967-5194
I request delivery, to my office address listed above, all scanned application
materials associated with IDNYC (also known as New York Citys Municipal
Request: ID program) program maintained by HRA and any other City Agency including
the Mayors Office in digital format.
Copyright 2016 The City of New York Contact Us I Privacy Poiicy I Terms !lfUse
tt!p"J!www.rf{e.gov/dolttcaplchalvalidatecap 111
Case 1:16-cv-01496-BKS-DJS Document 36-8 Filed 04/20/17 Page 22 of 24 '
' '

EXHIBIT
M

Thank You from NYCcgov -The Official NewYor City Web Site http://www.nyc.gov/doittcilptchal\8.1idatecap
' '
NYC Resources ! !311 Office of the Mayor
Shown below is yo
r submission to NYC.gov on Friday, December 2, 2016 at 16:51:06

This form sides at http://www1.nyc.gov/sltelhrafaboutffoil-request.page
NAME of FIELDS DATA
First Name: Nicole

Last Name: Malliotakis
City: Staten Island
State: NY
ZIP Code: 10306
Email: nysassembly60@gmail.com
Phone: 718-987-0197
applicationmaterials associated with lDNYC (also known as New York Citys
Request:
Munk:ipa!ID program) program maintained by HRA and any other City Agency
inc!udinglhe Mayors Office in digital format.
Copyright 2016 The City of New York Contact Us I Privacy Polley I Terms of Use
I of 1 121212016 4:51 PN
r Case 1:16-cv-01496-BKS-DJS Document 36-8 Filed 04/20/17 Page 24 of 24
I
SUPREME COURT
STATE OF NEW YORK, COUNTY OF RICHMOND IndeXN_o. Year
Petitioners/Pl~intiffs
-against-
BILL DE BLASIO, in his official capacity as HAYOR OF TEE CITY OF N~ YORK, TflE OFFICE OF THE ~YOR OF THS
CtTY OF NEW YORK, MELISSA MARK-VIVERlTO, in her official capacity as the SPEAKER OF THE NEN YORK CITY
COUNClL, STEV!i:N BIUIKS, COMMISSIONER OF T!lll NEil YORK CITY RUMAN RESOURC~ MlHINlSl'RATION/DEPAATMENT OP SOCD.L SERVICES, in
official capacity, MA'M'!Illl'l :BRUNE, CHIEF OFERAT:ING OFFICER OF 'l'JIE NEW YORK CITY HUMAN
RESOURCES 1\DMINISTRATION/DEPARTMEN'J.' OF SOCIAL SERVICES, in his official capacity, and RICARDO BRONN,
EXECU'l'lVE DEPUTY COMMISSIONER, MANAGEMENT INFORMATION SYSTEMS, IIUMI\N RESOURCES 1\DMINIS'l'RATION/DEPARTMENT OF
Respondents/Defendants,
For a Judgment Purguant to Article 78 of the Civil Practice Law and Rules.
AFFIRMATION OF JEFFREY ALFANO IN SUPPORT
LAW OFFICE OF JEFFREY ALFANO
Attonwy(s}for Petitioners/Plaintiffs
Ql1fce "and Post Qtfice Jlddress, Telephone
1000 SOUTH AVENUE, SUitE f 04
STATEN ISLAND, NY 10314
718-7011441
_Signature (Rule 13().1,1-a)

To
Prill! name benalh
~ce of a copy of the within is hereby admitted.
Attorney(s) for ~--------------------
PLEASE TAKE NOTICE:

D NOTICE Of ENTRY
that the within ia a (certified} troe copy qf a
duly eJJ.tered in the office of the clerk of the within named coUrt on
0 NOTICE OF SETTLEMENT
t~at an ord~ of which th~ within Ja a.true copy

wi11 be ~r_esented for settlement to the BON. one of "the judges of the
within named Court, at
on at M.
Dated, Yours, etc.
LAW OFFICE OF .JEFFREY ALFANO

Exhibit L-2
1 SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF RICHMOND - CIVIL TERM - PART DCM-6
2 -- --- -- ------------ ----- -- --------------------X
In the Matter of
3 RONALD CASTORINA, JR. and NICOLE MALLIOTAKIS,
4 Petitioners,
5 -against-
6
BILL DE BLASIO, in his official capacity as
7 Mayor of the City of New York, et al.
8 Respondents.
9 For a Judgment Pursuant to Article 78 of the

Civil Practice Law and Rules
10 ----------------------- --- ------ --- -----------X
Supreme Courthouse
11 Staten Island, New York
January 5, 2017
12
13 B E F 0 R E:
14 HONORABLE PHILIP G. MINARDO

Justice
15
16 A P P E A R A N C E S:
17 THE LAW FIRM OF RAVI BATRA, PC

142 Lexington Avenue
18 New York, New York 10016
BY: RAVI BATRA, ESQ.
19 Attorneys for the Petitioners
20 LAW OFFICE OF JEFFREY M. ALFANO

1000 South Avenue, Suite 104
21 Staten Island, New York 10314
BY: JEFFREY ALFANO, ESQ.
22
NEW YORK CITY LAW DEPARTMENT
23 BY: PATRICIA B. MILLER, ESQ.
RICHARD P. DEARING, ESQ.
24 Attorneys for the Respondents
25 KELLY C. JENKINS
OFFICIAL COURT REPORTER
KCJ
Proceedings
1 COURT CLERK: DCM 6 motion calendar, the
2 Honorable Philip Minardo presiding.
3 THE COURT: Good morning, Everybody; please be
4 seated. First of all, a little housekeeping. There will
5 be no video or still photography in the courtroom during
6 the course of these proceedings.
7 All right, I 1 m conducting this hearing pursuant
8 to Article 78, and the Court rules, which permit me to
9 take additional evidence in order to decide this
10 particular motion.
11 There is an Article 78 brought by the
12 Petitioners together with their plenary action for
13 declaratory relief.
14 The City has responded by moving -- not by
15 moving but in their answer, that this matter be
16 dismissed pursuant to 3211 and I suppose 3212, as well.
17 So the Court is permitted to conduct a hearing
18 in order to supplement supplement the papers which
19 form the basis of this action.
20 So, we will begin with the City.
21 MS. MILLER: Yes.
22 THE COURT: I would like a witness who is fully
23 familiar with the formulation and implementation of this
24 addition to the Administrative Code, I believe, it 1 s
25 Section 3-115. Who do you have?
KCJ
Proceedings
1 MS. MILLER: We have right here, Nisha Agarwal.
2 THE COURT: Ms. Agarwal, please.
3 (Whereupon, the witness takes the stand.)
4 MS. MILLER: Your Honor, you want me to proceed
5 asking questions?
6 THE COURT: No, I'll ask the questions, and
7 I'll give you an opportunity then to ask questions, as
8 well, and then followed by the Petitioners.
9 MR. BATRA: Your Honor, I wanted to ask you
10 would your Honor be fine with five-minute opening
11 statements from both sides?
12 THE COURT: No; this is not a trial.
13 COURT CLERK: Raise your right hand.
14 N I S H A A G A R W A L, called as a witness, having been
15 first duly sworn, was examined and testified as follows:
16 COURT CLERK: Lower your hand. Have a seat.
17 THE COURT: Please be seated.
18 COURT CLERK: State your name and business
19 address for the record.
20 THE WITNESS: Sure, Nisha Agarwal.
21 COURT CLERK: And your business address?
22 THE WITNESS: 253 Broadway, 14th floor, New
23 York, New York 10007.
24 THE COURT: Ms. Agarwal, I am going to ask you
25 questions and so listen carefully to the question and
KCJ
Agarwal The Court
1 respond to it directly. Okay?
2 THE WITNESS: Okay.
3 THE COURT: Yes or no answers -- a yes or no is
4 fine, if you need more, you may be responsive to the
5 questions. If you don't understand the question, tell me
6 you don't understand it, either I will rephrase it or
7 whoever is asking the question will rephrase it for you.
9 THE COURT: Make yourself comfortable.
10 MR. BATRA: Your Honor, there is a matter I
11 want to bring to your attention. There are other
12 witnesses in the courtroom, do you wish them to stay or
13 be sequestered?
14 THE COURT: They can stay. They can stay.
15 Now, Ms. Agarwal, what position do you hold
16 do you hold a position with the City of New York?
17 THE WITNESS: I do.
18 THE COURT: What is it?
19 THE WITNESS: Commissioner of Immigrant
20 Affairs.
21 THE COURT: What are your responsibilities?
22 MR. BATRA: I can't hear, your Honor.
23 THE COURT: Ms. Agarwal, wait a minute. Put
24 that mic on. Is it on? All right, good. In any event,
25 keep your voice up.
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2 THE COURT: What are your responsibilities?
3 THE WITNESS: The Mayor's Office of Immigrant
4 Affairs is responsible for advising on programs and
5 policies related to the well-being of immigrant families
6 in New York City, and as the head of that agency, I help
7 to support that work.
8 THE COURT: Okay. And are you familiar with
9 certain legislation, Section 3-115 of the Adminstrative
10 Code?
11 THE WITNESS: Yes; that is the legislation that
12 creates the City's Municipal ID program.
13 THE COURT: Okay. Were you involved in
14 formulating this legislation which we now have?
15 THE WITNESS: Yes, sir, I was.
16 THE COURT: All right. Well, tell us, what was
17 the intent of forming this legislation?
18 THE WITNESS: Sure, so the intent of the
19 legislation was really quite simply to provide
20 government-issued identification cards to --
21 MR. BATRA: Your Honor, I am still having
22 trouble hearing her.
23 THE WITNESS: The intent of the legislation was
24 to provide government-issued identification cards, at the
25 local government level for individual New Yorkers who
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1 needed it; and the reason for this is simply, uhm, in
2 daily life we often need identification cards to pick up
3 our children from school, to be able to access government
4 buildings and city services, interact with law
5 enforcement, to report crimes, to serve as a witness to
6 crimes, things like that; that was the original goal of
7 the program.
8 And in addition, the program has a number of
9 ways in which it facilitates New Yorkers' access to city
10 life. For example, parents can have -- for their
11 children's card, they can have emergency contact
12 information on the card. The card can double as a
13 library card. With the card, you can access prescription
14 drug discounts through the City's Big Apple RX program.
15 So really, the goal of the card was to help New
16 Yorkers be able to access their city better and more
17 effectively.
18 THE COURT: Who is eligible to receive such a
19 card?
20 THE WITNESS: You're eligible if you are 14
21 years or older and you live in the five boroughs of New
22 York City.
23 THE COURT: Okay. According to some of the
24 reports we have received, there are also members of the
25 various consulates and United Nations who also have
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1 received these cards; is that correct?
2 THE WITNESS: . To my understanding, yes; and
3 those would be also individuals who live within the five
4 boroughs of New York City.
5 THE COURT: Even though they are really not
6 residing here, they are members of a foreign country who
7 happen to be here for governmental business, they 1 re
8 eligible, as well?
9 THE WITNESS: They are eligible in that they
10 likely have -- they are leasing or they are living in New
11 York City while they 1 re here.
12 THE COURT: In addition to citizens of the
13 United States, are undocumented people eligible to
14 receive these cards?
15 THE WITNESS: Yes. Anyone who lives in the
16 five boroughs 14 or older is able to get this
17 identification card.
18 THE COURT: Okay. Now, how does one go about
19 obtaining this card?
20 THE WITNESS: So, first we ask that you make an
21 appointment. We have about 20 enrollment sites around
22 the city in all five boroughs, and when you make an
23 appointment, you arrive at one of the enrollment sites,
24 for example, uhm, the midtown Manhattan library is an
25 enrollment site, a special ID site; when you first come
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1 in to fill out the application -- these applications are
2 available online or at the enrollment site.
3 THE COURT: Excuse me. I took the liberty
4 of -- actually, my staff took the liberty of downloading
5 a IDNYC application. I'm going to show it to you.
6 (Handing.)
7 That will be deemed, Kelly, as Court's Exhibit
8 1.
9 (Court's Exhibit 1 is deemed marked at this
10 time.)
11 THE COURT: I ask you to look at that document.
12 Are you familiar with it and what is it?
13 THE WITNESS: Yes, this is the IDNYC
14 application.
15 THE COURT: Okay. Thank you. Put it right
16 there. Now, a person comes in, do they fill that out?
17 THE WITNESS: Yes.
18 THE COURT: Okay, now, in order to verify the
19 information - - well, tell us, what information is on that
20 application?
21 THE WITNESS: Sure. So in the first section is
22 "Application Type", which means, is this your first
23 application? Are you filing for a lost or stolen or
24 damaged card? But let's assume for this purpose, it's
25 your first application, so you would check that box.
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1 The next section is "Applicant Information":
2 Your first name, your last name, address, and what
3 borough you live in; and in addition, you can opt to
4 designate a gender and then your date of birth, your eye
5 color, your height, and to the extent that you have a
6 phone or e-mail address.
7 THE COURT: Okay.
8 THE WITNESS: Then, in addition, if you are a
9 veteran and would like the card to reflect that you are a
10 veteran, you can opt to do that and check that box.
11 Then, you can sort of certify that all of the
12 information that you are providing is accurate, that you
13 live in the City of New York, you are 14 years of age or
14 older, et cetera.
15 And then there are a number of optional items
16 at the bottom of the application, for example, if you
17 have a language other than English, if its your
18 preference, you can list that, and that includes American
19 Sign Language.
20 THE COURT: Does that mean that the card would
21 be issued in a foreign language?
22 THE WITNESS: No, the card would be issued in
23 English, but on the back of the card, it would say your
24 preferred language is, for example, Spanish, which would
25 help you in navigating for city services, if needed.
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1 You can also decide if you want to be an organ
2 or tissue donor on the card, and that is also optional.
3 And then finally, you can list, if you would
4 like, an emergency contact on the back of your card.
5 THE COURT: Okay. Now, for any of this
6 information that you provide, must there be documentation
7 to verify the accuracy of your name, address, and so
8 forth and so on?
9 THE WITNESS: Yes.
10 THE COURT: Now, I do have a copy of the
11 legislation here. There are many, many -- it looks
12 like -- well, tell me, what are some of the
13 documentations that must be presented in order and will
14 be acceptable in order to obtain this card?
15 THE WITNESS: Sure, so what I can start with
16 is, the system is a points-based system, so you need
17 three points to establish your identity and one point to
18 establish residency in New York City, and you can use a
19 combination of documents.
20 THE COURT: So you need documentation to
21 establish who you are?
22 THE WITNESS: Correct.
23 THE COURT: And that you are a resident of the
24 City of New York?
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1 THE COURT: Let 1 s start with who you are. What
2 kind of documentation do you need?
3 THE WITNESS: So, as I mentioned, a variety of
4 documentation can be used ranging from passports to
5 driver 1 s licenses, uhm, social security cards, et cetera.
6 And then, for residence, it would be documents like a
7 lease, a utility bill, uhm, other documentation like that
8 that could establish residency.
9 THE COURT: Now, in addition to -- how about
10 birth certificate?
11 THE WITNESS: Yes, for identification.
12 THE COURT: For identification, a birth
13 certificate; foreign or a birth certificate within the
14 United States?
16 THE COURT: So you can use a foreign document?
17 THE WITNESS: It has to be certified, yes.
18 THE COURT: The document has to be certified?
20 THE COURT: How about a foreign passport?
22 THE COURT: In addition to a domestic passport?
24 THE COURT: Okay. Who determines the
25 sufficiency of the information provided to substantiate
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1 the application?
2 THE WITNESS: So, we have a process that we use
3 to determine -- some of the documentation is already in
4 the legislation, as you saw, and then in addition, we
5 work closely with the New York Police Department and the
6 Intelligence Division to sort of sign off on the
7 documentation and the point values, the weight that those
8 documents are given, in addition to the Human Resources
9 Administration's own sort of Anti-fraud Unit, which is
10 called the Investigation Revenue and Enforcement
11 Administration.
12 So we have our experts, City experts on
13 anti-fraud, work and document verification to sort of
14 sign off on the full list.
15 THE COURT: All right, you just said a
16 mouthful. Everyone who makes an application and provides
17 the back up information, is that person's name and/or the
18 back up information submitted to the police department or
19 the criminal justice system in order to make a
20 determination as to the identity of the person who is
21 applying?
22 THE WITNESS: No, but I can explain.
23 THE COURT: Hold on. So the answer is no to
24 that initially?
25 THE WITNESS: So, the information is actually
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1 run though a variety of different databases. Once the
2 application information is put into our system --
3 THE COURT: A variety of databases, such as?
4 THE WITNESS: So one example would be the
5 Office of Foreign Assets Control, which is apart of the
6 US Department of the Treasury; that actual maintains a
7 list of individuals who are -- you know, either countries
8 that the United States has sanctioned against or other
9 individuals that may cause security concerns, and we'll
10 run names against that database to ensure that we're not
11 giving ID cards to people who may be on that list, as an
12 example.
13 We also have databases that contain sort of
14 general public records, to corroborate that individual's
15 name, their address, and other information. These are
16 sort of the kinds of tools that a variety of different
17 government agencies utilize.
18 We also have machines so that when you are
19 coming to enroll -- to authentic a passport, for example,
20 if it's machine readable, it very similar to the machine
21 that you have when you're traveling on a plane, same
22 thing that the TSA uses to authenticate that the document
23 that you have is valid that is in front of you.
24 So there is a number of different tools that
25 are used to authenticate this information, beyond just
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1 what the applicant gives us on the application.
2 THE COURT: Do you require fingerprints to be
3 taken?
4 THE WITNESS: No.
5 THE COURT: Okay. Assuming after going through
6 this process, there is nothing that apparently prohibits
7 the applicant from receiving a card, okay, what do you do
8 then?
9 THE WITNESS: So, if the individual -- as we
10 are sort of going through the entire process, there is
11 also, in some instances, an individual may -- there is a
12 Program Integrity Team that might do a deeper dive on an
13 application.
14 For example, if the individual's a survivor of
15 domestic violence and they want to use a safe address,
16 the Program Integrity Team will verify that that
17 information is actually accurate with the state which
18 actually provides the confidentiality address; so there
19 might pe a bit more investigation for some applicants.
20 Let's assume an individual makes it all the way
21 through the process, then a card -- if it's approved
22 will be mailed to the applicant. That's important
23 because it's also its own security feature because it
24 then, essentially, verifies that the address that the
25 individual is giving you is the accurate information and
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1 we're not sending a card -- we're not giving the card to
2 the person at the enrollment site, we are actually
3 mailing it to them.
4 THE COURT: Is there a photograph attached to
5 the card?
6 THE WITNESS: Yes.
7 THE COURT: Okay. How long has this program
8 been in effect?
9 THE WITNESS: It's been in effect since
10 January 2015.
11 THE COURT: 20?
12 THE WITNESS: 15 .
13 THE COURT: How many applications have been
14 made approximately, if you know?
15 THE WITNESS: Over a million applications have
16 been made, and nearly a million cards have been issued.
17 THE COURT: Nearly?
18 THE WITNESS: Nearly.
19 THE COURT: That means in some cases cards were
20 not issued?
22 THE COURT: Okay. If you suspect that the
23 information provided is fraudulent, not accurate, for
24 instance, someone who takes information from another
25 identity and submits it so that they can get a card but

)
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1 they are using information which belongs to another
2 person, which is generally considered a fraud, what steps
3 are taken by the agency here when they suspect a fraud?
4 THE WITNESS: So, if there is a case of
5 suspected fraud, the agency will deny the card and will
6 not allow the individual to have a card.
7 In addition, to the extent that we know, if
8 there is a potential victim, that individual will
9 notified, as well.
10 THE COURT : So if someone has applied for an
11 NYCID card and used their name, you will let them know
12 that someone, in effect, engaged in identity theft?
13 THE WITNESS: Potentially, exactly.
14 THE COURT: What else?
15 THE WITNESS : In addition, we will - - in
16 instances where, for example, one of the security
17 features that we use is facial recognition, so if an
18 individual sort of tries to get multiple cards under
19 different names, we will place the ori$inal card under
20 review, and we will deny the second card.
21 So there is a variety of ways to stop cards
22 from being issued or validated in instances of fraud.
23 THE COURT: Now, would you submit this
24 information to either the New York City Police Department
25 the FBI or some other enforcement agent, district or --
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1 THE WITNESS: So we -- when law enforcement
2 comes to us with an administrative judicial warrant or
3 subpoena, we do share that information with law
4 enforcement, yes.
5 THE COURT: But they have to come to you?
6 THE WITNESS: Yes.
7 THE COURT: So you do not initiate the
8 investigation by sending the information to say -- let's
9 use the NYPD, New York City Police Department -- you
10 don't say, listen, somebody's applied for a card and it's
11 fraudulent and we're suspicious?
12 Do you go to them so that the police department
13 can then initiate an investigation?
14 THE WITNESS: You know, the fraud process was
15 discussed extensively with them and the sort of
16 conclusion, which is in the law, is that when they come
17 in with a judicial warrant or subpoena, we will share
18 that information. And we are having on-going
19 conversations about how to stay in communication on that.
20 THE COURT: Okay. This brings me to my next
21 question. The back-up documentation that is submitted in
22 order to obtain this card, what do you do with documents?
23 THE WITNESS: So, uhm, the documents were
24 THE COURT: To date, I mean up-to-date -- at
25 this point?
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1 THE WITNESS: At this point, so, the documents
2 will be scanned and theyll be stored in our system as
3 underlying personal identity and residency documents.
4 THE COURT: Okay.
5 THE WITNESS: And so theyre held in the
6 programs database.
7 THE COURT: In the --
8 THE WITNESS: The database. In the database.
9 THE COURT: How long do you hold them --
10 THE WITNESS: So - -
11 THE COURT: -- in that database?
12 THE WITNESS: So, under the Local Law, the
13 requirement is that at most, the program would hold these
14 documents for two years; and then, the idea beyond that
15 was simply that the program is not meant to be a
16 repository for New Yorkers personal identification and
17 residency documents. So theyre -- you know, under the
18 law, two years was sort of the limit on how long these
19 documents would be held. Then, in addition to --
20 THE COURT: This was an arbitrary decision made
21 that they will hold it for two years? You could have
22 said three years or one year or anything along those
23 lines?
24 THE WITNESS: It was extensively --
25 THE COURT: Was it a judgment call on your
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1 part?
2 THE WITNESS: Definitely not.
3 THE COURT: Well, not on your part -- I mean
4 THE WITNESS: It was extensively discussed
5 during the legislative process. It was the bill that
6 City Council passed, that the Mayor signed through
7 legislative discussions.
8 THE COURT: Requiring two years?
9 THE WITNESS: Yes.
10 THE COURT: Okay.
11 THE WITNESS: In addition, the legislation
12 requires that on or before December 31, 2016, the
13 administering agency for the program, which is HRA, Human
14 Resources Administration, must make a determination about
15 whether these underlying personal documents should be
16 retained by the program or not.
17 If HRA fails to make that determination, again,
18 the law requires that those documents be removed from the
19 system and that the program not continue to keep those
20 under the law.
21 THE COURT: Do you retain the application for
22 these cards?
23 THE WITNESS: Yes, we do.
24 THE COURT: You do not destroy the application?
25 THE WITNESS: No.
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1 THE COURT: Okay. So the application is
2 retained, but the underlying documentation to establish
3 identity and residence, at this point, is held for two
4 years except that the law now says, within the discretion
5 of HRA, they can be destroyed
6 THE WITNESS: The law --
7 THE COURT: -- or wiped clean?
8 THE WITNESS: So the law asks HRA to make a
9 determination about whether to retain the documents or
10 not on or before December 31.
11 If HRA failed to make that determination, then
12 the law requires that we destroy those documents and not
13 collect them moving forward.
14 However, in this instance, HRA did make the
15 determination in consultation with the NYPD and a variety
16 of other stakeholders within city government.
17 THE COURT: Just slow down a little bit.
18 THE WITNESS: Sorry, I talk fast.
19 THE COURT: And keep your voice up.
20 THE WITNESS: So, the decision was made to not
21 retain the documents, and that decision was made in
22 consultation with law enforcement.
23 THE COURT: Now, according to the statute,
24 these documents can be obtained pursuant to judicial
25 subpoena, a warrant, or for purposes of litigation. Okay,
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1 if the documents are destroyed, how would it be possible
2 for a judicial subpoena to obtain them or a judicial
3 warrant for litigation, how would they be able to be
4 obtained if, in fact, they are destroyed?
5 THE WITNESS: So sorry, sir, I am not sure
6 where it says that litigation would enable the file of an
7 applicant to be obtained. What I do know from the
8 legislation is that if law enforcement requires an
9 applicant's file, that would include the application
10 information, including the photo, and that would be made
11 available based on judicial - -
12 THE COURT: The application, the photo and the
13 card?
14 THE WITNESS: Yes, exactly. Those we will
15 continue to retain under the program.
16 THE COURT: But the underlying documentation
17 might well have been destroyed by then?
18 THE WITNESS: It could be under the new policy,
19 so you wouldn't have the --
20 THE COURT: For purposes of litigation, it says
21 also -- "also" may be subject to be preserved for
22 purposes of litigation.
23 THE WITNESS: Okay, I see. So if there is
24 litigation that's pending, then the document must be
25 preserved for that purpose. But litigation doesn't
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1 necessarily provide a predicate for offering those
2 documents, the personal information about individuals.
3 THE COURT: So the current policy as it exists
4 today, since we are beyond December 31, 2016, is that the
5 back-up information, the birth certificate, a copy of it,
6 or as it has been scanned -- the birth certificate, the
7 driver's license, whatever was presented in order to
8 verify the identity and the establishment of residency,
9 as of now, will be destroyed and not retained?
10 THE WITNESS: So, the policy is currently that
11 we -- the program does not sort of make copies of those
12 documents, but we haven't destroyed any documents because
13 of this pending litigation.
14 THE COURT: I understand. Okay, in this
15 litigation at this moment.
16 So you're not making, you're not -- a person
17 who presently submits an application, submits the back-up
18 documentation, and you are not retaining that at all?
19 THE WITNESS: So, what we'll do is, the
20 individuals will come in with original documents, we will
21 still follow the process of what I described before,
22 authenticating the documents, using a technology which we
23 have, and the Program Integrity Staff will be there to do
24 deeper dives and all that.
25 The one piece that we won't be doing is
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1 actually making copies of those documents.
2 THE COURT: You will not?
3 THE WITNESS: -- not for the personal identity
4 and residency.
5 THE COURT: And those that you already have,
6 will be destroyed?
7 THE WITNESS: What we currently have is being
8 preserved presently because of this.
9 THE COURT: But subsequent, after this
10 litigation, when there is no longer a legal requirement
11 to hold them, they will be destroyed?
12 THE WITNESS: The determination has been made
13 that those documents will not be retained.
14 THE COURT: Not be retained. Okay. Thank you.
15 Now, Ms. Miller, would you like to ask
16 questions of this witness that havent already been
17 asked?
18 MS. MILLER: Yes.
19 DIRECT EXAMINATION
20 BY MS. MILLER:
21 Q If you dont mind, could we go back to the bill for
22 a second. Specifically, if I could give a copy to the
23 witness. I want you to look at Page 5, which is the
24 retention part of the statute.
25 THE COURT: You have a copy of the bill?
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Agarwal Direct/Miller
1 MS. MILLER: Do I? Yes.
2 THE COURT: The Court takes judicial notice of
3 the bill, obviously.
4 MS. MILLER: Thank you.
5 (Handing.)
6 THE COURT: You recognize this, Ms. Agarwal?
8 THE COURT: Okay. Go ahead.
9 BY MS. MILLER:
10 Q I want to ask a question -- turn to Page 5 where it
11 says and I'm in Section E: Confidentiality of New York
12 City Identity Card eligibility information.
13 You made reference to policy and I just wanted to
14 discuss that for one second.
15 Since you were involved, with respect to this bill
16 and the passing of the bill, can you just explain to the
17 Court exactly how this particular section of the bill works
18 vis-a-vis retention and destruction of documents?
19 A Sure. So, the provision was discussed extensively
20 during the legislative process and Provision 1 says that:
21 The City shall destroy copies of records provided by
22 applicants to prove identity or residency that have been
23 retained for more than two years.
24 So the idea here is, if I applied for my ID card in
25 January of 2015, I knew when I did that that my card
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25
1 information or specifically my personal identity and
2 residency information would not be held by the City for more
3 than two years under any circumstance; so that's really what
4 this first provision speaks to.
5 The second provision - -
6 Q Excuse me, that's not policy, that is the law as
7 passed by the City Council?
8 A Absolutely.
9 Q Okay; continue.
10 A And then the second provision, again, which is in
11 the law, says that: On or before December 31, the
12 administering agency in this case --
13 Q Excuse me. Again, December 31 of 2016?
14 A Yes, 2016.
15 Q Go ahead.
16 A The administering agency shall review data
17 collected during the program, and issue a report on -- and
18 determine whether retention of the records sort of -- if
19 there any need for any modification for the retention of
20 records.
21 And then the third provision says that: In the
22 event that the agency fails to ~ake any determination, the
23 records must be destroyed and the agency is prohibited under
24 the law from being able to continue to obtain those
25 underlying residency and identity documents.
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1 Q So when you said earlier that there was a policy
2 shift, and that going forward, the documents would not be
3 retained, that actually comes from the law?
4 A That's right, and it's really from this provision
5 that requires the HRA to make the determination, which HRA
6 did in collaboration with law enforcement and other
7 stakeholders on the decision.
8 THE COURT: Just for the record, HRA has been
9 designated as the agency to implement this bill?
11 MS. MILLER: Thank you, your Honor.
12 Q With respect to the underlying documents that the
13 Court is asking you about, the documents that are presented
14 to prove residency and to prove I am who I say I am, those
15 are the documents that we are discussing -- excuse me -- that
16 are being discussed in this bill to be destroyed or retained?
17 A Correct.
18 Q And HRA, at some point -- do you know when HRA made
19 a decision or said that, you know, there is no reason to keep
20 those documents?
21 A I believe it was December 7, 2016.
22 Q Okay. When did, if you know, HRA start collecting
23 this documentation? When did the whole process begin where
24 folks could apply for an ID?
25 A January 2015, when the program launched.
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1 Q So the documents we are talking about go from
2 January 2015 to December 2016 -- December 7 of 2016?
3 A Yes.
4 Q So that is the world we are in.
5 Going forward --
6 MR. BATRA: I'm sorry, what was the last -- the
7 second date?
8 THE WITNESS: December 7
9 MS. MILLER: December 7, 2016.
10 MR. BATRA: Thank you.
11 Q Going forward, correct me if I'm wrong, pursuant to
12 the law, those documents will no longer be retained?
13 A Correct.
14 Q Now, you mentioned a few minutes ago this bill,
15 specifically, this piece that we are talking about, was
16 something discussed when the bill was obviously being
17 discussed, drafted, and parsed, et cetera?
18 A Very much so.
19 Q And you mentioned law enforcement?
20 A Yes.
21 Q Did you personally have discussions with law
22 enforcement?
23 A I did. They were very involved in the process of
24 both deliberating on the legislation, on advising on what
25 documents we would accept to ensure the validity of the
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1 applicant 1 s information that was being provided, the
2 technologies we use, and they continue to be involved to
3 today in advising on how we implement other components of
4 law.
5 Q And you mentioned HRA being the administering
6 agency. And on December 7, HRA said, no need to retain these
7 documents; if HRA had done nothing, nothing on December 7,
8 did nothing, what would have happened pursuant to the bill?
9 THE COURT: Excuse me? Excuse me? Is the
10 commissioner here from HRA?
11 MS. MILLER: Not yet, he is on his way.
12 THE COURT: All right. Go ahead, I 1 m sorry.
13 You see, I thought these questions could probably be
14 better directed toward the Commissioner.
15 MS. MILLER: Could be. I am trying to --
16 THE COURT: We will take a little bit more, I
17 don 1 t want duplication here. Go ahead.
18 Q Okay. If the commissioner did nothing, that is,
19 didn 1 t sign the document that said it 1 S okay to go ahead
20 pursuant to the bill, and no one retained these documents,
21 what would have happened according to the bill?
22 A So, according to the bill, Provision E-3 in
23 particular, the City would be required to no longer retain
24 the documents we already collected; specifically, these
25 identity -- copies of the personal identity and residency
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1 documents, and we would not be allowed to continue to collect
2 those documents moving forward under the law.
3 Q Okay. Okay. Just to be clear, there's been some
4 noise present, otherwise, that there is a purging of
5 doc;umP.nt.s hr.tppP.ning; is t.hP.rP. r.t purgP. of doc;ument.s hr.tppP.njng?
6 A As I mentioned before, we are going to be holding
7 onto all of the information on the application, we will be
8 keeping photos, and keeping sort of the government
9 administration of documents that we have for this; so we're
10 not purging the entire database.
11 Q So does the documents that you are going to hang on
12 to includes the card, a copy of the card?
13 A Correct; and it includes all the information that's
14 on the card; name, address, uhm, gender, all of the
15 information that is sort of on the application, and the card
16 will continue to be retained and that includes the photo and
17 signature.
18 Q And the photo, that's a recent photo of the person
19 or
20 A Well, it's as recent as when the person applied in
21 January 2015 or later.
22 Q Who takes the photo?
23 A The photo is taken by program staff themselves.
24 Q So it's as you look when you apply for the card?
25 A Yes. There is special technology that is used for
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1 taking that photo for the card.
2 Q So the card is being retained not purged, and the
3 copy of it has a recent photo of the individual?
4 A Correct.
5 Q Is there a signature on the card?
6 A Yes.
7 Q Is there an address on the card?
8 A Yes, in most cases.
9 Q And you made reference to domestic violence
10 survivors?
11 A Yes.
12 Q Can you explain that to the judge for a second.
13 A Sure, so in some instances, the law requires us to
14 establish special rules for populations that, for example,
15 may need confidentiality and a safe address, because they are
16 survivors of domestic violence. They don't want their ID
17 card to potentially reflect where they actually live, and to
18 be able to keep them safe against their abuser, what we use
19 is a safe address under the confidentiality program, which is
20 a PO Box address. Typically, we wouldn't accept PO Box
21 addresses for the card, but for this special population, we
22 would; so that's an example.
23 Q So going back to what's retained and what is on the
24 card, is there a signature on the card?
25 A Correct.
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31
1 Q Okay, so all right, so that 1 s being retained?
2 A Yes.
3 Q Is there an emergency contact on the card?
4 A Yes, but not -- some people don 1 t choose to list an
5 emergency contact.
6 Q What else is on the card? Did I get everything?
7 Did I miss anything?
8 A Preferred language, Veteran designation; there 1 s
9 sort of a number of optional fields that may also be
10 retained.
11 THE COURT: Along with the card, the
12 application form is being retained?
14 Q And we 1 ve gone through what is required in the
15 application?
16 A Yes.
17 THE COURT: Okay. Anything else, Ma 1 am?
18 Q What about one 1 s date of birth; is that on the
19 card?
20 A Yes.
21 MS. MILLER: Just a couple more questions, if I
22 may, your Honor?
23 THE COURT: Sure.
25 Q The bill also speaks to reporting requirements,
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32
1 true?
2 A Yes.
3 Q Could you just explain that to the Court?
4 A Sure. So, under the law, the IDNYC program is
5 required to report quarterly to the Mayor and the Speaker of
6 the City Council, and we also post these quarterly reports on
7 our website for public consumption, and a number of different
8 issues/ and those are all listed in Section H of the law;
9 these include the number of applications the City has
10 received, the number of cards we 1 ve actually issued, the
11 number of cards we 1 ve issued to minors/ the number of
12 requests that have come in for information, sort of, data
13 about the program from either City agencies or law
14 enforcement. We also have to report on the number of denials
15 of the card that are made, and the outreach that we 1 re doing
16 to perspective applicants 1 and City acceptance of the ID
17 card.
18 THE COURT: You are promoting acceptance of the
19 ID card?
20 THE WITNESS: Yes/ to public and private
21 entities to sort of maximize its utilities.
22 A So there are a number of different things that we
23 are required to report on on a quarterly basis.
24 THE COURT: And you said public and private?
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33
1 THE COURT: Okay.
2 Q And that, of course, will continue?
3 A Absolutely.
4 Q Nothing's changing about that?
5 A Absolutely, we're going to continue to do that
6 reporting and retain that data.
7 Q All right. As you know, the two Petitioners here
8 have raised issues about banking and the banking permit for
9 the State Assembly in the course of the bill being --
10 THE COURT: Why don't we have them speak to
11 that.
12 MS. MILLER: I just want to make one point.
13 THE COURT: Go ahead.
14 Q Did anybody speak -- I'm sorry, withdrawn.
15 When a bill is being presented, is there testimony
16 given before the City Council?
17 A Yes.
18 Q Do I have that right? Explain that?
19 A Yes, sure. When a bill is being developed, there
20 is testimony before the City Council Immigration Committee,
21 in this case, they held a hearing on this bill.
22 Q Okay. And did anybody from the banking world give
23 testimony?
24 A Yes; we had Mastercard testify on this issue and
25 also other individuals speak to financial access for the
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34
1 card. Different advocacy groups and other third parties.
2 Q So that was something that City Council considered
3 and heard about, banking issues?
4 A Yes; and the -- the City also convened financial
5 institutions and industry groups on banking throughout this
6 process, before the legislation was finalized to really
7 understand financial issues, it's been a topic of
8 conversation from the beginning of the program.
9 Q Did there come a point in time when there was
10 communication between communication from the Federal
11 Reserve, for example, concerning the ID?
12 A Yes. So my office, as well as the Department of
13 Consumer Affairs, met with a number of federal regulators and
14 state regulators on whether the IDNYC could be utilized for
15 the purpose of opening a bank account.
16 We also requested in writing to the New York State
17 Bankers Association guidance from regulators about what the
18 card could be used for, the purpose, and we received guidance
19 from four of the main federal regulators of banks, as well as
20 from state regulators of banks
21 Q And the conclusion?
22 A -- and other institutions.
23 Q And the conclusion?
24 A So, from the federal regulators, this ID card can
25 be used for purposes of opening bank accounts.
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35
1 Q When you say 11 can 11 , they can't tell the bank, you
2 must use it and allow the individual, the applicant, to open
3 the bank account?
4 A No, they cannot issue a mandate to the banks.
5 Q So let's switch over to the other side, the state
6 side; did there come a point in time that you heard from
7 state banking folks?
8 A Yes, we did.
9 Q Who?
10 A From the Department of Financial Services, and they
11 also said that the card can be used for the purposes of
12 opening a bank account.

11
13 THE COURT: The operative word being Can 11 , not
14 11
must 11 ?
16 MS. MILLER: Thank you, your Honor, that was my
17 next question.
18 Q With respect to those two groups, federal and
19 state, what if anything -- the fact that they have said you
20 may -- a bank may or can use the card, what if anything, does
21 that tell you with respect to the integrity of the card?
22 A Well, I think it tells us that there is -- well,
23 the regulators say it suggests a high degree of confidence in
24 the security and validity of the card.
25 In addition, when we launched the program, we had
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36
1 about a dozen financial institutions, both banks and credit
2 unions, already choosing to participate in the program, which
3 is also, I think, an indication of the confidence that they
4 have in the ID card.
5 Q And just one more thing.
6 With respect to confidentiality, when an applicant
7 comes in to apply for one of these New York City IDs, what if
8 anything, is the applicant told concerning confidentiality?
9 A We have a special fact sheet, if you will, on
10 privacy and confidentiality, and as mentioned in the law, the
11 program has promised applicants that we will protect their
12 confidentiality to the maximum extent permitted by the law.
13 We share with them information about -- you know, at the
14 time -- that their documents will not be held for more than
15 two years. We provide them with information about their
16 reassuring them about the privacy and confidentiality of the
17 program, because people are coming to us and they are
18 submitting this personal identity and residency information
19 to make themselves eligible for the card, and even as the
20 legislation was being discussed, there were very strong
21 interests around privacy and making sure that people's
22 information would be protected. And so we reassure
23 individuals, through verbal communication and enrollment
24 assistance, through materials that we provide at the
25 enrollment site, online, and a variety of different ways, and
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37
1 really in every public press release that we have issued,
2 again, reassuring New Yorkers that their information would be
3 private and confidential.
4 THE COURT: Thank you.
5 MS. MILLER: Your Honor, let me speak with my
6 consultant. Just one second. I'm good. Thank you.
8 MR. BATRA: May I, your Honor?
9 THE COURT: Hold on. Go ahead, Mr. Batra.
10 MR. BATRA: Thank you, your Honor. May I move
11 the lecturn -- the podium, rather?
12 THE COURT: You want it a little closer to you?
13 MR. BATRA: Yes.
14 THE COURT: You can move it to where you just
15 moved it -- where it is now -- and that's it.
16 Go ahead.
17 MR. BATRA: Thank you, your Honor.
18 CROSS-EXAMINATION
19 BY MR. BATRA:
20 Q Commissioner, good for you to be here.
21 Your background; are you a licensed lawyer in the
22 State of New York?
23 A I am.
24 Q Now, I want to try and go in reverse order because
25 of what was just covered recently, I want to get to that
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38
Agarwal Cross/Batra
1 first.
2 You were asked the question by my colleague,
3 Patricia Miller, for the City about confidentiality, and you
4 said that the applicants are told that -- about privacy and
5 confidentiality that, "we will protect it to the maximum
6 extent of law", correct?
7 A Yes, correct.
8 Q And in the law, we have a pyramid, do we not, we on
9 the very top is the constitution, correct? The federal
10 constitution?
11 THE COURT: Wait. Mr. Batra, please.
12 We are not going through legal questions here
13 as far as what the pyramid of law is and so forth.
14 MR. BATRA: Your Honor, I understand that.
15 THE COURT: You recognize that we have a United
16 States Constitution and New York State Constitution?
19 Q And do you also acknowledge that New York City law
20 cannot overrule New York State law; you know that, right?
21 A I know that there are State Law that can preempt
22 local authority and be able to regulate in some areas, but
23 not always.
24 Q Im not going into the preempt issue, I am simply
25 asking you this question. If there is a conflict between
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Agarwal Cross/Batra
1 Local Law and State Law, State Law trumps, correct?
2 A Okay . .
3 THE COURT: Thats a question of law. I am
4 taking testimony here, I 1 ll categorize whether the State
5 Law preempts Local Law or whether the Federal Law
6 preempts both State Law and Local law; so ask the
7 question.
8 Q Now, you know that New York State has a FOIL law;
9 are you familiar with that?
10 A Yes.
11 Q And youre familiar that the origin of the FOIL Law
12 is Abraham Lincolns Gettysburg address?
13 MS. MILLER: Objection.
14 THE COURT: Are you familiar with that?
15 Lincoln himself is the person who initiated this concept
16 of FOIL?
17 THE WITNESS: I was not actually familiar with
18 that.
19 Q Do you know that the State of New York has a strong
20 public policy that the public, which the government serves,
21 should know what the government is doing and why its doing
22 it, and what the basis for what it is doing is?
23 Are you aware of that?
25 THE COURT: Are you aware of this?
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40
Agarwal Cross/Batra
1 THE WITNESS: I am aware of the sort of broad
2 policy notion behind FOIL.
3 Q Okay. Now, I'll skip for the moment about the
4 banking issue, although I do want to come back to that.
5 Ms. Miller also asked you several times about the
6 policy, that this was the law; correct?
7 A Correct.
8 Q But it's only the law until Justice Minardo says
9 it's the law, correct?
10 A Well --
11 Q After the Judge -- after the Court reviews the
12 Local Law and considers it against New York State law, the
13 New York State Constitution, and any other applicable law
14 that may apply; isn't that correct?
15 MS. MILLER: Wait, I say this with no
16 disrespect; objection, your Honor.
17 THE COURT: Sustained. The law is the law and
18 in effect unless the Court, for some reason, rules
19 otherwise and it's not only my Cou~t, if it comes to
20 that, it will go all the way to the Court of Appeals and
21 ultimately the highest Court in the State will determine
22 whether I have correctly or incorrectly ruled if a
23 certain law violates the constitution or some other
24 prevailing law; but that's for the Court to decide.
25 Let's ask questions of this witness if you have
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Agarwal Cross/Batra
1 questions.
2 MR. BATRA: I am, your Honor.
3 Q You said that MasterCard testified?
4 A Correct.
5 Q And the reason MasterCard testified is because you
6 were considering making the ID card a debit card; isnt that
7 correct?
8 A No; MasterCard testified, to my recollection,
9 advocating for the card to be a debit card, but we decided
10 not to do that.
11 Q Okay. But that was the reason why they were out
12 there testifying, because they were promoting the use of the
13 ID card as a debit card?
14 A They were promoting the use of it, yeah.
15 Q And when this banking issue carne up, was the issue
16 of banking to assist people who were, for lack of a better
17 word, underprivileged socio-economically in society, so that
18 they can get access to financial services and have a better
19 life?
20 A Yes, it was very much a part of the testimony that
21 was provided.
22 Q While you were creating -- withdrawn.
23 The idea for an ID card wasnt yours, was it?
24 A Mine alone, no.
25 Q Well, when did you first hear of it before you
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42
Agarwal Cross/Batra
1 started working on it?
2 A I was familiar from my prior work in this field
3 with the fact that other cities had enacted municipal ID
4 cards.
5 Q I understand that. In New York City, who came up
6 with the idea that we should have an ID card in New York
7 City?
9 Q Leaving aside San Francisco and Oakland --
10 THE COURT: Overruled. If you know.
11 A I think there were probably many people who were
12 talking about the issue, so there were certainly folks in
13 the -- sort of the advocacy world. There's a coalition that
14 we met with regularly, and certainly, City Council
15 legislators and others who were interested in this since they
16 introduced the law.
17 THE COURT: How about the Mayor?
18 THE WITNESS: And the Mayor, also, in his first
19 state of the City address announced being in support for
20 this program.
21 Q The Mayor in his first state of the City address,
22 where he set out a legislative agenda for the City, announced
23 the ID program, correct?
24 A He announced support for the program.
25 Q Of course. Well, an executive can't pass the law,
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Agarwal Cross/Batra
1 right? You need a legislature to do that, right? Separation
2 of powers, right?
3 A Right; correct.
4 Q Okay. So the Mayor said, as an executive, I want
5 to make the City more comp~ssionate to our citizens, right?
6 And he says, I want to use the ID for that, correct?
7 A He, to my recollection, said he would like to make
8 the City more inclusive, yes.
9 Q Okay. And of course, he couldn't pass the law by
10 himself by execute order, correct?
11 A He -- he -- we, the City Council, passed the law.
12 Q So the Mayor alone did not executively pass it,
13 correct?
14 A Correct.
15 Q So he needed the legislature to do that, the City
16 Council, correct?
17 A Yes.
18 MS. MILLER: Objection to the word needed.
19 THE COURT: Overruled. You got to have a law
20 passed by the legislature before the executive can sign
21 it into law. Go ahead.
22 Q And, in fact, you testified as part of the City
23 Council deliberations, correct?
24 A Yes.
25 Q And the committee that you testified before was the
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44
Agarwal Cross/Batra
1 Immigration Committee, correct?
2 A Yes.
3 Q And before you testified, there was another person
4 who testified, I believe, Mindy Tarlow?
5 A Yes.
6 Q And, in fact, she introduced you as her new friend
7 back then, correct?
8 A Well, sure.
9 Q Now, during this process, before you went to
10 testify in the City Council and before this bill was being
11 deliberated, let alone voted on by the committee and passed
12 by the City Council for the Mayor's consideration and
13 signature or veto, as the case may be, prior to it going to
14 the City Council, did you raise personally a concern for
15 public safety or national security as a consideration to be
16 dealt with?
17 A We -- yes, we were concerned with ensuring that
18 this that card was designed with highest level of security
19 and protection to make the card as effective as it possibly
20 can be.
21 Q Highest level of public safety?
22 A That was --
23 Q Is that what you heard?
24 A It was an important factor; I would say that there
25 were a number of different factors related to this program.
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45
Agarwal Cross/Batra
1 One, ensuring that it was accessible to a broad range of New
2 Yorkers, another, is it a secure programi and a third issue,
3 which was significant, the issue of privacy and
4 confidentiality.
5 Q My question, Ma'am, dealt with public
6 safety/national securityi and my question was, was that topic
7 discussed -- withdrawn.
8 was that topic raised by you while this bill or
9 this idea was being considered by the Mayor?
10 A We were in regular communication with the experts
11 on security, which were our NYPD
12 Q Not my question. I am asking did you raise it?
13 THE COURT: No, no, sir. You want to know if
14 she raised the topic?
15 MR. BATRA: Yes, absolutely.
16 THE COURT: Did you raise it or were you
17 present when others raised it? Was this topic discussed
18 when the bill was being formulated or the idea was
19 formulated?
20 THE WITNESS: Absolutely, extensively.
21 Q Extensively by you or somebody else?
23 THE COURT: Sustained. She indicated that she
24 was present or if she didn't, she was present when others
25 didi but the issue was raised. Go ahead.
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46
Agarwal Cross/Batra
1 MR. BATRA: Okay.
2 Q Did the Mayor -- did you ever hear the Mayor say to
3 you or any of the other City employees, I want to be nice to
4 the people of New York, but I don't want to put public safety
5 or national security at risk, and your job, as my
6 Commissioner, is to make sure that you be compassionate
7 without putting our City, State, or Nation at risk?
8 THE COURT: Sustained.
9 Q Did you hear the Mayor say that?
10 THE COURT: Give me a question, please.
11 Q Did you hear from the Mayor, who announced the
12 policy for the City of New York in the first state of the
13 City address, that the main concern, offsetting, there is
14 always tension in policy, correct?
15 A Policy is often a balancing act.
16 Q There is also tension between one or the other,
17 it's called the relationship between guns and butter; you can
18 have guns or butter; it's the same issue?
19 MS. MILLER: What?
20 MR. BATRA: Nevermind.
21 Q So, was the number one point of tension that had to
22 be deliberated and solved so the City can be compassionate to
23 the people -- we ought to be, because we are New Yorkers, we
24 are compassionate people -- was the biggest issues of tension
25 one of public safety and national security, especially when
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Agarwal Cross/Batra
1 we 1 ve had 9-1-1 right here?
4 Please, Mr. Batra, you can elicit testimony
5 concerning the issues in this case and you stated in your
6 papers FOIL was a major contention, so please, let 1 s get
7 something that is relevant to the issues raised in the
8 motion -- yeah, the motion and the answer; please.
10 Q Now, in answer to the Court 1 s questioning, as well
11 as the City 1 s questioning, you clarified that the local law
12 as passed by the City Council and signed by the Mayor, had
13 three provisions for records retention, right?
14 One was -- it said, it laid out a two-year period,
15 correct?
16 A Correct, the first provision.
17 Q And then it said HRA, the agency charged -- as you
18 told the Judge -- uhm, the agency charged with this is HRA;
19 correct?
20 A Yes.
21 Q And that they were empowered by this law, after the
22 City Council passed it, and the Mayor signed it, to make a
23 determination whether or not going forward they are going to
24 maintain the records or destroy them --
25 A No.
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48 208
Agarwal Cross/Batra
1 Q Or not even take them in the first instance
2 starting January 1, 2017?
3 A No, they're required under the law to make that
4 determination.
5 Q Right. That's what I'm -- that is what you just
6 said. So the law directed the Director of HRA to make that
7 determination?
8 A Yes. And in the event that HRA did not make that
9 determination, the law also requires that those documents not
10 be retained.
11 Q Okay. So, this law had a default provision,
12 correct, which said if the Director of HRA or the
13 Commissioner of HRA, can't quite decide because there are
14 competing issues like whether or not we should keep these
15 records, the law forced the destruction; isn't that correct?
18 Q If the Commissioner of HRA didn't decide whether or
19 not to keep or not to keep -- whether that's the agency
20 charged with effectuating this law -- the law directed that
21 their documents be destroyed, correct?
22 A If the determination were not made.
23 Q Right. And if the determination was made to
24 destroy the records, of course, then you destroyed the
25 records, correct?
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of 208
Agarwal Cross/Batra
1 A If the determination were made that the documents
2 did not need to be retained, then we would follow
3 Q Right, so if the
4 MS. MILLER: I'm sorry, she didn't finish her
5 answer. She said we would follow
6 A We would follow the law; we would follow the sort
7 of process --
8 THE COURT: Could the Commissioner decide that
9 he wanted to retain these back up documents and not
10 destroy them?
11 THE WITNESS: Yes; that's exactly the purpose
12 of the provision is to make a decision.
13 THE COURT: So if the Commissioner decides to
14 destroy or not destroy, retain or not retain, or to not
15 even retain them, when the application is made, not
16 even take them at all initially, that's all within the
17 discretion of the Commissioner of HRA?
18 THE WITNESS: Modifications to the retention
19 policy would be under the Commissioner's discretion as
20 required by the law.
21 Q Look at the law that Ms. Miller gave you, which is
22 in front of you, E (1), which is the one that talks about
23 retention for two years.
24 A Yes.
25 Q Okay. Before I go into the other two sections,
)
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50
Agarwal Cross/Batra
1 what is the validity of the New York City ID card?
2 A Sorry, can you explain what you mean validity?
3 Q If I came last month -- let's assume for a minute,
4 I was issued an ID card, how long is my card valid for?
5 A Five years.
6 Q Okay. And that is true for everyone you issue it
7 to, right?
8 A Yes.
9 Q So it is not some cards get two years and some get
10 five years?
11 A No.
12 Q Everybody gets five years?
13 A Yes.
14 Q But the law says that you should only keep records
15 for two years even though your card is valid for five; does
16 that make sense to you?
18 THE COURT: Yeah, the last part of the
19 question, does that make sense to you?
20 Q The law says two years, but the card is valid for
21 five, correct?
22 A Correct.
23 Q So, if a person within the five-year period, but
24 more than two years, has a problem with his card for whatever
25 reason, maybe there is an identity -- a theft of the ID, New
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51
Agarwal Cross/Batra
1 York City ID card, and the applicant comes back to you, how
2 does HRA help that person or give them a replacement card
3 when you've already destroyed your records two years later?
4 A We ask them to come with records and we then put
5 them through our system again, so they would have to
6 re-establish.
7 Q But the system, you say, purges after two years,
8 right, the back-up documents that were initially presented to
9 HRA to get the ID card, right?
10 A Right.
11 Q You have two levels of documentation, one is proof
12 documents for identity, and you may have proof documents for
13 residency, correct?
14 A Correct. Maybe a way to answer this question would
15 be if somebody comes in --
16 Q Let me ask the questions.
17 THE COURT: No. No. Answer the question.
18 A If an individual, for example, comes in and they
19 want to change their address for the card, that is one way
20 you get a replacement card, you still have to bring in your
21 residency documents to establish that your residency has
22 changed .
23 Q But that's not question. I am asking you something
24 else. You've purged -- under the law E (1), you've issued a
25 card, and two years later, you've already purged the proof
KCJ
52
Agarwal Cross/Batra
1 documents for ID or residents; so year three of the ID card
2 system, a person shows up and says, I lost the card, I got
3 mugged, and they say, well, I'd like another one. Based upon
4 the answers I heard you give to both the Court, as well as
5 Ms. Miller, was that the purging of the records is not
6 complete, it's just the proof records both for identity and
7 residents; is that correct?
8 A Correct.
9 Q But you still maintain the application as the Judge
10 asked?
11 A Right.
12 Q And the ID card itself?
13 A Correct, right.
14 Q So if the same person shows up and you can look at
15 their picture, they've gained some weight you will
16 discount that -- but you know, it's fine, you know, it's the
17 same person, right; so there is no problem in helping a
18 person who's lost his card in the third year because you
19 still have the photo ID, correct?
20 A I guess. I don't understand what you mean by
21 helping a person.
22 Q I'll move on.
23 Okay. So, let me go to E (2). E (2) is the one
24 that has the default provision, which is says destroy them,
25 correct?
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53
Agarwal Cross/Batra
1 A Okay.
2 Q So, either HRA or the Commissioner says destroy it
3 or the law says, even if you didn't decide, destroy it,
4 correct?
5 A No, the provision says on or before December 31,
6 2016, the administering agency shall review the data
7 collected in order to determine whether any appropriate
8 modifications must be made.
9 Q Right. And then 3 says: If you didn't make the
10 decision under 2, destroy; and if you decided to destroy,
11 destroy; correct?
12 A The third provision says: In the event either the
13 administering agency fails to make a decision or the
14 administering agency determines that records retention is no
15 longer necessary, then the City shall not retain.
16 Q Isn't that what I just said, that is what I just
17 asked you.
18 MS. MILLER: Actually, Counsel --
19 THE COURT: Sir, sir. Editorializing really
20 doesn't count. I can read this law just as well as you
21 can, and so can everybody else. We know exactly what it
22 says. If you want her to give her interpretation of
23 portions of it, please ask her to do that.
24 Q Do you know -- you are aware that the Chairman of
25 the Immigration Committee -- you know his name?
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54
Agarwal Cross/Batra
1 A Carlos Menchaca.
2 Q Councilman?
3 A Yes.
4 Q Do know that he announced very publicly the motive
5 behind that date December 31, 2016, for paragraphs E (2) and
6 E (3); you are aware of that right?
7 A I am aware that he has spoken to this, yes.
8 Q Your awareness, does it confirm that the Chairman
9 of the Immigration Committee said that because it could be a
10 new president from a different party, we want to have that
11 fail-safe provision; you are aware of that, right?
12 MS. MILLER: Objection; relevance.
13 THE COURT: No, I 1 m interested in this. Go
14 ahead.
15 A You know, I don 1 t -- I can 1 t speak for what he
16 said.
17 Q No, I 1 m asking you - -
18 THE COURT: Are you aware?
19 THE WITNESS: I am aware of what he said.
20 THE COURT: What did he say? What are you
21 aware of what he said during these decisions?
22 THE WITNESS: What I am aware of is not his
23 exact wording, but there was some sort of interest in the
24 provision, in the event that there were some political
25 change, in his opinion.
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Agarwal Cross/Batra
1 Q Have you seen the wonderful petition that my
2 colleague Jeff Alfano put together? Have you seen this?
3 A I dont believe so.
4 Q Okay. Well, weve found it in our office, but
5 anyway, the first Exhibit H to the petition is an article
6 printed in the New York Post, dated February 16, 2015, and it
7 cites the Chairman of the Committee, the Immigration
8 Committee, where he announces to the world that the reason
9 this clause is in E 1, 2 and 3 is because hes building in a
10 political safe fail-safe clause in the law, simply because
11 we may go from one side of the aisle to the other side of the
12 aisle, when we are proud of our two-party system; are you
13 aware of this?
15 THE COURT: Are you aware of this?
16 THE WITNESS: I 1 m not quite sure.
17 THE COURT: This is a reference to a newspaper
18 article, a newspaper article?
19 MR. BATRA: Its in the petition.
20 THE COURT: Which reports what allegedly was
21 said by the Council member and is made apart of the
22 Petitioners papers. Are you aware of what the
23 Councilman said, that the council member said with
24 respect to the possible change of administration, in the
25 presidency; would that be something that they considered
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1 when putting in this petition?
2 THE WITNESS: I'm sorry. I'm generally aware
3 of that he said.
4 THE COURT: Generally.
5 THE WITNESS: That he said that, and that's it.
6 THE COURT: Okay, go ahead.
7 Q And do you vote, Ma'am?
8 A I do.
9 THE COURT: You know -- please, please.
10 MR. BATRA: I will correct it, your Honor.
11 THE COURT: You will correct it. Go ahead.
12 Q Do you vote? Do you vote?
13 A I do.
14 Q Do you have the freedom to pick who you want to
15 lead the city, state or nation?
16 THE COURT: Sustained. Come on. That is the
17 reason why she votes.
18 Q Well, but can a Councilman in the City of New York
19 seek to thwart the will of the ele.c torate of the entire
20 country?
21 THE COURT: Sustained. Gee, you know what,
22 let's take ten minutes. Let's gather ourselves here.
23 Ten minutes, please.
24 (Whereupon, a brief recess is taken.)
25 COURT CLERK: All rise.
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1 THE COURT: Please be seated. We have other
2 witnesses here, and I'm just reminding you that I just
3 require some information from me to make a decision here.
4 So, let' get right to the point. I'm interested in
5 hearing about your contentions about FOIL, please.
6 MR. BATRA: That's fine.
7 Q Commissioner, you described to the Court when the
8 Court was inquiring about the intake process?
9 A Yes.
10 Q And now the People at HRA that are doing that, uhm,
11 are they law enforcement people?
12 A They are not law enforcement people.
13 Q Are they experts in counterfeiting of foreign
14 documents?
15 A They have been extensively trained by the same
16 industry groups that train, for example, DMV officials on
17 things like the authenticity of documents. They have state
18 of the art technology to assist them, so they have been
19 extensively trained in this area.
20 Q You recall answering the Court's inquiry about
21 whether the consulates or members of the UN or governmental
22 community that live in New York City, that they are eligible
23 to get an ID card; so you are aware that there are consulates
24 in New York City, correct?
25 A Yes?
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1 Q For foreign countries?
2 A Yes.
3 Q Now, are you aware that the ID New York City card
4 process accepts expired foreign documents?
5 A The IDNYC program accepts expired machine readable
6 passports.
7 Q So, the City of New York accepts expired foreign
8 documents, correct?
9 A Not all foreign documents.
10 Q It accepts some of them, correct?
11 A Machine readable expired.
12 Q So if it's a foreign document and it has expired,
13 but it's machine readable, you accept it, correct?
14 A Not all foreign documents.
15 Q I heard that. I accepted your answer.
16 I said, so if it's machine readable --
17 THE COURT: Which documents would you accept?
18 Expired foreign documents, you said not all, which ones?
19 THE WITNESS: Specifically, expired passports
20 that are machine readable that have expired within the
21 last three years; and the reason for that, which has been
22 vetted with our law enforcement and fraud experts, is
23 because those are documents that nevertheless have been
24 verified through our technologies.
25 Q So when you get an expired foreign passport that is
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1 machine readable, do you send it to the foreign consulate
2 that is in the City of New York to have them verified that it
3 was, in fact, issued by them to this individual with this
4 picture?
5 A What we have at the enrollment sites is the same
6 technology that's used by the TSA. For example, when you are
7 boarding a plane, to actually be able to verify the
8 document's authenticity, that it contains all the different
9 security features that documents from that country are meant
10 to contain.
11 Q Now, my colleague Jeff has just given me some of
12 the City's intake documentation, document acceptability, and
13 it lists under identity: US passport, is that correct -- or
14 US passport card?
15 A Yes.
16 Q That's issued by the Department of State in
17 Washington?
18 A I believe so.
19 Q An expired US passport, correct?
20 A Uhm, on the list?
21 Q Yes.
22 A I would have to look at list to confirm that.
23 Q Well, to my point, it also states: Foreign
24 passport not machine readable. That's also on the list
25 contrary to your testimony. You want to take a look at this?
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1 (Handing.)
2 A Sure.
3 THE COURT: No, no, no. We have them all laid
4 out right here, right? It's right in the bill.
5 MR. BATRA: HRA -- t.hA n~gulations were passed
6 by HRA, post the bill, your Honor.
7 THE COURT: This is not the bill.
8 MR. BATRA: The regulationSi they are HRA
9 regulations.
10 MR. ALFANO: Your Honor, this was on the HRA
11 website, it's a Document Calculator, it's put forward by
12 HRA. I can bring up our copy.
13 MS. MILLER: Your Honor, we have a full copy,
14 why don't we just give it to you. Hold on. You have a
15 full copy?
16 THE COURT: Including the amendments and
17 additional information. Officer, please.
18 (Handing.)
19 MS. MILLER: You want to call it Court's 2?
20 MR. BATRA: Petitioner's 1, your Honor?
21 MS. MILLER: Whatever, I don't care.
22 MR. ALFANO: Can we take a look at it, your
23 Honor, to make sure it's the same.
24 THE COURT: I believe, it's Court's 3. It's
25 deemed Court's 3.
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1 (Whereupon, Courts 3 is deemed marked at this
2 time.)
4 MS. MILLER: Thank you, your Honor.
5 Q If you would, flip to the section: Identity.
6 Acceptable documents.
7 A Okay.
8 Q The sixth one, right under foreign passport machine
9 readable, it says: 11
Foreign passport not machine readable 11 ,
10 and in parens (2); thats two points; right?
11 A Yes.
12 Q So you need three points to win, and you get two
13 points for an expired foreign passport thats not machine
14 readable, right?
15 A That is not referring to foreign passports that are
16 not machine readable; this is referring to current passports,
17 not machine readable.
18 Q Not machine readable. Machine readable, you are
19 given two points out of three, right?
20 A Yes.
21 Q Are you aware that in other countries around the
22 world, there are actual mail order passports for sale?
25 Q As a City government charged with public safety,
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1 are you do you know state aware of what is going on in the
2 world?
5 Q Are you aware that 60 Minutes just this Sunday,
6 January 1st
7 THE COURT: Sustained. Sustained.
8 Q Aired a program about passports for sale?
10 Q Are you familiar with countries selling passports?
11 MS. MILLER: Your Honor, objection.
12 THE COURT: Are you familiar with countries who
13 accept these whatever? Are you?
14 THE WITNESS: No.
15 MR. BATRA: Thank you.
16 Q You are not aware -- are you aware that sometimes
17 people, when they do identity theft, they even do it on
18 passports?
19 A We have -- I will say, I am aware that weve worked
20 with individuals who are very knowledgeable about this in
21 determining a list of documents, its not my decision alone.
22 Q This is HRA acceptable proof for identity and you
23 give a, not machine readable foreign passport two points,
24 right, out of three?
25 A This is in consultation with the NYPD who have
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1 signed off on each --
2 Q Ma'am, that is not what I am asking you.
3 THE COURT: No. No . No. You can answer the
4 question. And we have another witness that can better
5 address these issues.
6 MR. BATRA: That's fine.
7 THE COURT: Let's move on.
8 MR. BATRA: That's fine, your Honor.
9 Q Are you familiar with State and Federal Law that
10 deals that criminalizes the -- any conduct that provides
11 material support for terrorism?
13 Q Are you familiar with -- that people who engage in
14 banking, whether they deposit money or withdraw money,
15 whether it's from elicit drug sales or in support of
16 terrorism, is a crimei are you familiar with this?
18 Q Ma'am, do you remember getting a letter from the
19 New York State Bankers Association -- I think you testified
20 to that in your prior examination by I think Ms. Miller?
21 A Uhm, I would be curious to know which letter you
22 are referring to.
23 Q Okay, I'm looking at a letter issued by the New
24 York Bankers Association, dated October 6, 2014, addressed to
25 you as Commissioner of the Mayor's officei and it was also
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1 copied to the New York City Department of Consumer Affairs
2 Commissioner, Julie Menin; Tamara Lindsay, Office of
3 Financial Empowerment; and Lincoln Restler, Mayor's Office of
4 Operations. And I think, Mindy Tarlow is the Director,
5 correct?
6 A Yes.
7 Q Are you familiar with that letter?
8 A I am. I would have to look at it again to remember
9 the content.
10 Q Okay.
11 THE COURT: Okay. Wait a minute. Do we have a
12 copy of that letter?
13 MS. MILLER: Not the date given by counsel, is
14 that the correct date?
15 MR. BATRA: October 26 -- October 26, 2014. I
16 will get you a copy.
17 THE COURT: Does the Petitioner have a copy of
18 that?
19 MR. ALFANO: Our banking witness brought it in
20 this morning. We're going to make a copy now, your
21 Honor.
22 MS. MILLER: We just want a copy. We're making
23 a copy now.
24 THE COURT: Okay. Why don't you ask another
25 question while we are waiting for the copy.
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1 MR. BATRA: Surely, your Honor. Thank you.
2 Q Now, prior to the law being passed by the City
3 Council and before its being approved by the Mayor -- and
4 those are two discrete acts; correct?
5 A Yes.
6 Q And after the Mayor signed the Local Law, the bill
7 into law, he then directed HRA to come up with regulations
8 effectuating the policy and the law, correct?
9 A Well, the law requires the administering agency to
10 effectuate rules.
11 Q So those are three distinct discrete areas,
12 correct?
13 A Yes.
14 Q One is the legislative process; one is the Mayor
15 agreeing or not agreeing to sign. In case he agreed, and
16 then the law directing HRA to come up with regulations,
17 correct?
18 A The law directs the administering agency; and the
19 administering agency was later determined by the Mayor to be
20 HRA, through an executive order.
21 THE COURT: She now has a copy of that letter.
22 Look at it.
24 THE COURT: You can take a look at it. Okay.
25 Deem that Court's 4.
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1 (Whereupon, Court's 4 is deemed marked at this
2. time.)
3 MR. BATRA: And that's dated October 6, 2014,
4 your Honor. It's a two-page letter sent by Michael P.
5 Smith, President and CEO, New York State Bankers
6 Association.
7 Q I want to direct your attention, Commissioner, to
8 the first page, the first paragraph, you know, says nice
9 things about how wonderful an idea it is to take care of
10 people.
11 And then I want to direct your attention to
12 Paragraph 2. It says -- and I quote: "Our attached July 9,
13 2014 letter laid out in some detail, the array of laws and
14 regulations including the US Patriot Act, the Bank Secrecy
15 Act, and Anti-Money Laundering Act, all which have been
16 enacted over the past 15 years in response to money
17 laundering, foreign sanctions imposed by the United States
18 Government on certain foreign statutes -- it should say
19 states not statutes -- on foreign states and individuals and
20 concerns about terrorism.
21 It continues quote: We also emphasize that failure
22 to comply with these laws can result in serious consequences
23 to the integrity of the financial system, our nation's
24 security and to the financial institutions deemed to be in
25 violation of the applicable laws.
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1 As such, we will limit this comment letter to
2 several specific concerns we have with the proposed
3 regulation's methodology for determining a New York City
4 resident's qualifications for receiving a municipal ID card.
5 Next page, quote: Before doing so, we note that
6 the City has clearly worked very hard to make its Municipal
7 ID card the most secure and least likely to be fraudulently
8 reproduced of those municipal ID cards in existence to date
9 nationwide, and we very much appreciate those efforts.
10 Nevertheless, some aspects of the regulation's
11 protocols continue to create regulatory compliance challenges
12 for our members. Our first concern is that the card
13 identification requirements do not fulfill the
14 identifications requirement for a non-US person as set out by
15 the US Patriot Act. While Federal Law does provide some
16 degree of flexibility with respect to which documents a
17 financial institution may accept as primary identification,
18 the standards those documents must meet are not flexible.
19 Now, without going further into this for the
20 moment, when you read this third paragraph, the first one on
21 Page 2 of the letter, did that give you pause that the
22 bankers are telling you you're putting them in a Hobson's
23 choice, if they follow your directions, that if they go ahead
24 and accept this, they are going to end up in violation of
25 Federal Law, and the bankers are going to be in trouble and
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1 subject to the US Attorney challenging them or hauling them
2 into Court.
3 Did that -- was that a matter of concern?
4 A Well, what we did in response to these concerns was
5 with the New York State Bankers Association, we wrote to the
6 relevant federal regulators that actually manage and regulate
7 these banks to request written guidance about whether these
8 laws -- whether the municipal ID card would be acceptable for
9 opening the bank account.
10 Q Did you tell the people you were consulting that
11 the law was being passed, that this document destruction
12 provision of two years or if no decision was made, automatic
13 destruction?
14 A We shared --
15 Q On December 31 of 2016?
16 A We shared extensively with both federal regulators
17 and state legislators, the rules, documents accepted, and the
18 security and anti-fraud features that were utilized.
19 Q And then you got a waiver from the Secretary of the
20 United States Treasury, right?
21 A We did not get a waiver.
22 Q You didn't?
23 A We got an opinion that said the ID card be used for
24 the purposes of opening a bank account.
25 Q You didn't get a waiver from the Secretary of
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1 Treasury of the United States that said even though your
2 regulations violate the Patriot Act, that you can still go
3 ahead?
5 THE COURT: Sustained as to whether they
6 violated the US Patriot Act. Was that the nature of your
7 objection?
8 MS. MILLER: Yes.
9 Q Did you get a waiver, Ma'am?
10 A No, we got an opinion from them saying that the
11 card can be used
12 Q Do you have that opinion?
13 A Whose?
14 THE COURT: Who is "them". When you say
15 them --
16 THE WITNESS: Four federal regulators and the
17 state regulators and the banks.
18 And we do have a copy of the letter. I don't
19 have it in front of me.
20 MS. MILLER: I have it.
21 THE COURT: Nevermind. Okay.
22 Q The next paragraph, quote: In this regard, we note
23 that the New York State Department of Motor Vehicles issues
24 an identification card which is accepted by many financial
25 institutions as primary identification and acknowledge that
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1 many of the same documents appear on both the New York City
2 Municipal ID card program and state ID lists of acceptable
3 forms of identification. However, New York City requires
4 only three points of identification, while the State requires
5 six.
6 Did that give you pause that the looser your
7 standards are for authenticity of identity, when identity
8 theft is a civil problem, let alone a crime or terror
9 problem, that the City was trying to be compassionate in the
10 wrong way?
12 THE COURT: You understand that question?
13 THE WITNESS: Sort of.
14 THE COURT: Answer it as best you can,
15 according to the way you understand it.
16 A So, I would say that the point requirement by
17 itself does not necessarily indicate that the card is less
18 secure. Our card program is of an incredibly high degree of
19 security. And again, validated we are using state of the
20 art technology to validate this information. Law enforcement
21 has been engaged in every step of the process and we have an
22 incredibly strong process for validating people's identity
23 before they get the card.
24 Q People that have expired foreign passports that are
25 not machine readable are accepted by you, correct?
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1 A No.
2 Q They're not?
3 A No.
4 Q But foreign passports that are not machine readable
5 are acceptable by you, right?
6 A Foreign passports that are not machine readable are
7 acceptable with two points; that individual would have to
8 provide additional identity proof.
9 Q I understand. But you give two points for a
10 foreign passport that is not machine readable, and as part of
11 your normal protocol, you don't send it to the local
12 consulate in New York to verify for each applicant that shows
13 up with an expired foreign -- with a foreign passport that is
14 not machine readable?
15 A I didn't say that. What we have is staff that are
16 fully trained and they use guidance and sample materials that
17 are actually provided by the consulate, and provided in that
18 way, to be able to confirm whether documents are valid.
19 THE COURT: The Court has adequate information
20 regarding the questions you've asked and the answers that
21 you've given on this topic of what is done in order to be
22 sure that they have the proper information and what they
23 do to verify and check. And if you want to supply me
24 with any other thing that you do or do not do with
25 respect to this issue, please do so. Otherwise, let's
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1 move on because we have -- I don't require anything more
2 from this witness in order to have me decide this motion
3 and we do have another couple other witnesses.
4 MR. BATRA: I will take two more minutes, your
5 Honor. Thank you.
6 Q Okay. You are aware, Ma'am, that New York State
7 has a presumption under New York State FOIL Law that the
8 records are to remain available to the public?
10 THE COURT: What are you aware of concerning
11 the New York State FOIL law as far as document retention?
12 THE WITNESS: I am not very aware of -- I am
13 not a legal expert on the FOIL issue.
14 Q Have you heard Public Offices Law, Section 84 of
15 the FOIL law?
16 A Yes, I have heard of the FOIL Law.
17 Q Have you read it?
18 A I have not read it extensively, no.
19 Q Are you aware of the Court of Appeals cases and
20 Appellate Division cases - -
21 A No.
22 Q that say that the state law must be followed
23 unless there is a specific exemption in not disclosing
24 A What case are you talking about, sir?
25 MR. BATRA: Several. Your Honor?
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2 BY MR. BATRA:
3 Q One is the matter of Gannett Satellite Info.
4 Network, Inc. versus County of Putnam, 142 AD 3d 1012 at 1014
5 2d 2016. Quoting the matter of Gould versus the City New
6 York City Police Department, Court of Appeals --
7 THE COURT: The Court is well are aware of the
8 matter of Gould, it's a trilogy of cases. Gould and
9 Scott and DeFelice and Barbara, in the Court of Appeals
10 at 89 NY 2d; and I think that is the leading case in this
11 area concerning the FOIL issue by the police, by specific
12 criminal defendants, requesting documentation from the
13 police department. So, I think that would probably be
14 the leading case in the area, but I'm sure there are
15 others. Go ahead.
16 MR. BATRA: Thank you. Since your Honor has
17 already dealt with that, I will move onto the next issue.
18 Q You are aware under FOIL law of the State of New
19 York, the burden is on the City or the agency that doesn't
20 want to disclose information; you are aware of that; right?
21 A I am not -- again, I am not an expert on FOIL law.
22 Q Have you read Public Offices Law, Section 84b?
23 MS. MILLER: Objection. Asked and answered.
24 THE COURT: Are you aware?
25 THE WITNESS: I have not read the FOIL law. I
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1 am not an expert on it.
2 Q Are you aware that State law mandates that if the
3 municipality denies a FOIL request, it has to do specific
4 exemptions made in state law and that those exemptions are to
5 be narrowly, not liberally, narrowly construed?
6 THE COURT: That is your interpretation of what
7 the FOIL Law is. I think we are through with this
8 witness, sir.
9 MR. BATRA: Last question.
10 THE COURT: All right, I will allow one last
11 question.
12 Q You are aware that DMV has a document retention
13 policy which has a higher point ID -- point level of six
14 rather than New York City's three, with a five-year document
15 retention policy; are you aware of this?
16 MS. MILLER: Objection; relevance.
17 THE COURT: No. No. Overruled. Are you aware
18 of that?
19 THE WITNESS: I am generally aware of different
20 driver's license policies around the county.
21 Q I am asking you about New York State, are you aware
22 that in New York State, the DMV
23 THE COURT: Are you aware of the criteria that
24 New York State has in order to issue a non-driving
25 driver's license as a form of ID?
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1 THE WITNESS: Yes, but not in detail. I
2 couldn't speak in great detail to their policies.
3 THE COURT: Are you aware their policy is to
4 hold supporting documentation for five years?
5 THE WITNESS: I believe that to be true.
6 THE COURT: Okay. Thank you.
7 MR. BATRA: Your Honor.
8 Q And finally, you remember issuing a report on
9 December 31, 2016 just last week, to the Mayor and the
10 speaker?
11 A Yes, that is the quarterly report.
12 Q And it was signed by you, along with Steven Banks
13 as Commissioner of HRA and Mindy Tarlow, correct?
14 A Yes.
15 Q And the report that you issued, you're familiar
16 with, right, it Was only week ago or so?
17 A Yes.
18 Q In that you stated on Page 4 of that letter or
19 report
20 MS. MILLER: Excuse me, could the witness just
21 have a copy of that. I have a copy. Wait a minute.
22 Q Are you familiar with this report? This is your
23 report?
24 A Yes, I'm familiar with the report.
25 THE COURT: All right. Let's see if she needs
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1 a copy.
2 MR. BATRA: Could we have this deemed Court's
3 Exhibit 5.
4 THE COURT: We'll deem it Court's Exhibit 5.
5 (Whereupon, Court's 5 is deemed marked at this
6 time.)
8 Q If you would turn to Page 4, Ma'am, Number 7; it
9 states: The number of New York City identity card applicants
10 whose information was disclosed to law enforcement,
11 disaggregated by whether such disclosure was pursuant to a
12 judicial warrant or judicial subpoena; and the answer to that
13 question was: During this reporting period, IDNYC disclosed
14 information concerning three applicants pursuant to judicial
15 subpoenas; one from the United States Attorneys Office for
16 the District of Connecticut and two from the Manhattan
17 District Attorneys Office.
18 That was your report to the Mayor and the City
19 Council, correct?
20 A Yes.
21 Q And you were able to comply with these judicial
22 subpoenas, so-ordered subpoenas, one from the US Attorney's
23 Office, District of Connecticut, and two from the Manhattan
24 District Attorney's Office because you had no records,
25 correct?
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2 THE COURT: Overruled. Can you answer.
3 A Yes.
4 Q Okay. And so, when you complied with these three
5 subpoenas, you had not just the ID card information that
6 youre keeping, but the identity proof documents and the
7 residency proof documents, correct?
8 A I believe so.
9 Q So the full package of what HRA was originally
10 presented with was shared with law enforcement; correct?
11 A Whatever we had on the applicants in question, we
12 shared.
13 Q But under the new policy which is starting January
14 1, 2017, which is, youre not keeping any records, you see
15 them, but you dont scan anything, correct?
16 A Thats not true, we are keeping name, address
17 signature, photo.
18 THE COURT: The application?
19 THE WITNESS: The application, right.
20 Q But the proof documents, I said to you, youre not
21 keeping any of the proof documents anymore, isnt that
22 correct?
23 A We wouldnt be keeping underlying personal identity
24 and or residency documents.
25 Q So the answer to my question is yes, youre not

)
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1 keeping them, correct?
2 A We are not retaining them, yes.
3 Q Thank you.
4 THE COURT: You're done. You said one more.
5 MR. BATRA: It's the same document, Judge, and
6 I'm sitting down. Thirty seconds?
7 THE COURT: That was 30 seconds three minutes
8 ago.
9 MR. BATRA: Please, just one.
10 THE COURT: Very, very last. Now, for the
11 third time, the last question. Go ahead.
12 MR. BATRA: I appreciate the Court's
13 indulgence.
14 Q Paragraph Numbered 8.
15 A Yes.
16 Q The number of occurrences of fraud or other
17 criminal activity related to the issuance of New York City ID
18 cards; that's the question.
19 And the answer is: To date, 102 cases have been
20 detected to have a high likelihood of suspected fraud.
21 Correct?
22 A Correct.
23 Q So, these are the 102 cases you caught; can you
24 tell the Court with any certainty which cases are fraud that
25 you didn't catch?
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2 THE COURT: Thank you. Thank you. Thank you.
4 MS. MILLER: Can I ask just one?
5 THE COURT: One. Go ahead.
6 MS. MILLER: Just one.
7 THE COURT: I will give you one question.
8 REDIRECT EXAMINATION
9 BY MS. MILLER:
10 Q What was the vote of the City Council on the bill?
11 A Forty-three in favor, three opposed.
12 MS. MILLER: Thanks.
13 THE COURT: You may step down.
14 MS. MILLER: Your Honor, I have a housekeeping
15 question. Court's 2 was which document?
16 COURT CLERK: I think we skipped two for some
17 reason.
18 THE COURT: We will review what I have, it's
19 okay.
20 MS. MILLER: And then, do you need the two
21 letters that were referred to from the financial
22 industry, the state and the federal, or you don't need
23 that?
24 THE COURT: I don't need that. Okay. All
25 right. We have -- do we have Commissioner Banks here?
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Exhibit L-3
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Agarwal Redirect/Miller
1 MS. MILLER: Yes. Yes.
2 THE COURT: All right. Let's have Commissioner
3 Banks.
4 S T E V E N B A N K S, called as a witness, having been
5 first duly sworn, was examined and testifies as follows:
6 COURT CLERK: Put your hand down. Have a seat.
7 Give us your name and business address.
8 THE WITNESS: My name is Steven Banks,
9 S-T-E-V-E-N, B-A-N-K-S; my business address is 4 World
10 Trade Center New York, New York.
11 THE COURT: All right, Mr. Banks -- or
12 Commissioner Banks, the questions that are being asked by
13 myself or any of the lawyers, please answer them as
14 directly as you can. If you don't understand them, tell
15 me you don't understand them, and we'll rephrase the
16 question for you.
17 In the meantime, relax and keep your voice up.
18 Tell us what your position is with the City of
19 New York?
20 THE WITNESS: Thank you, your Honor.
21 I will do that. I'm the Commissioner of the
22 Human Resources Administration and the Department of
23 Social Services, in that role I also work with the
24 Department of Homeless Services.
25 THE COURT: Are you familiar with this
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1 legislation, Section 3-115 of the Adminstrative Code,
2 having to deal with the IDNYC cards?
3 THE WITNESS: Yes. The legislation charges me
4 with implementing it.
5 THE COURT: Tell us what your responsibilities
6 are in implementing this legislation?
7 THE WITNESS: By executive order by the Mayor,
8 I was -- my agency was named as the administrator. The
9 legislation refers to the administering agency in
10 multiple places, with respect to different functions and
11 so I'm responsible for those actions. By administration,
12 the legislation refers to eligibility determinations,
13 reporting, and document destruction.
14 THE COURT: Okay. Let's go to document
15 destruction. Under the legislation, you are charged with
16 determining whether or not the documents that are
17 submitted along with the application for an ID card, your
18 agency is to determine how long the supporting documents
19 are kept, and determining whether the data on that
20 information should be destroyed or kept or retained, tell
21 us about that . We've heard initial initially, were you
22 keeping the information back up information for a period
23 of two years, but as of December 31, you would make of
24 2016 you had make a determination as to whether they this
25 information should be destroyed on that date, and whether

I
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1 or not would you retain any of that information for
2 future applications.
3 If you understand my question. Can you address
4 it.
5 THE WITNESS: I do. And if you will give me a
6 little leeway in addressing this.
7 THE COURT: I will give you leeway. Go ahead.
8 THE WITNESS: The legislation that I acted
9 under you gives several options. One option is to do
10 nothing, and if I do nothing, the documents that are of a
11 personal nature are destroyed, simply by operation of the
12 local law.
13 THE COURT: Documents that are supplied,
14 meaning the documents supplied to support the application
15 for the issuance of the cards, correct?
16 THE WITNESS: Correct. Specifically, the
17 personal documents submitted by individuals, now, almost
18 a million people; they fill out an application, but
19 they -- also, and a photo is taken; this provision of
20 legislation does not address destruction of the
21 application or the photo, this part of the legislation
22 addresses only the personal documents. So for example,
23 in my case, I have an ID, I submitted my license and also
24 someone else might submit a marriage document, he might
25 submit a tax return, some personal information; the law
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1 provides if I do nothing, all of that information is
2 destroyed.
3 THE COURT: As of December 31, 2016?
5 THE COURT: Subject to the provisions of the
6 Court delaying that process until this case is
7 determined?
8 THE WITNESS: That's correct, your Honor, but
9 as an administrator, that's what I am, as an
10 administrator, the law tells me if I do nothing, the
11 documents are destroyed. The law also tells me that I
12 could make a determination as an administrator, not in a
13 personal capacity, as administrator, I can make a
14 determination to retain documents or to modify the
15 policies. But the first thing that it tells me is, if I
16 do nothing, these documents are destroyed.
17 THE COURT: How has this been implemented?
18 Have you retained documents? Have a destroyed documents?
19 Tell us little bit about it.
20 THE WITNESS: These personal documents,
21 personal documents are retained, because the law provided
22 for the December 31 date, giving me the ability to make a
23 determination; but again, if I did nothing, they're
24 destroyed.
25 THE COURT: You can determine to keep these
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1 documents for a period of time or destroy them?
2 THE WITNESS: You could decide to keep these
3 documents, these personal documents, not as a matter of
4 unfettered discretion. The law is very clear, is there
5 any need to retain the documents?
6 The law has the presumes there is no need
7 because automatically the documents are destroyed, if I
8 do nothing.
9 THE COURT: Well, is there something -- some
10 language in there, pursuant to judicial subpoena,
11 judicial warrant or litigation?
12 THE WITNESS: Those are -- that relates to
13 if I -- for example, if I had an active subpoena on
14 December 31, the law is clear, I couldn't destroy those
15 documents without complying or moving to quash or taking
16 some action on the subpoena or alternatively, if there
17 was some type of judicial matter; but the law again is
18 very clear, come that date, if I do nothing the documents
19 are destroyed.
20 THE COURT: Excuse me. There's been issues
21 raised about the security of the applications. In other
22 words, it's been reported there have been a number of
23 fraudulent applications. We heard a number bandied
24 about, 102 fraudulent applications, and there may be many
25 more, where fraud has been implemented in order to
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1 attempt to obtain these cards; what role do you play in
2 that matter?
3 THE WITNESS: Uhm, these are HRA employees that
4 are making those determinations to not give someone a
5 card.
6 If I may, one of the reasons why HRA was
7 selected as the administering agency is that we have
8 expertise in providing benefits and denying benefits to
9 people based upon documents.
10 So, HRA -- quite a part from that particular
11 program -- provides services to three million New Yorkers
12 through the Medicare program, food stamp program, and
13 public assistance programs, and when the Council in the
14 administration were evaluating an agency to choose to be
15 to the administrator, we were looked to because we have
16 expertise in evaluating applications and evaluating
17 documents in making determinations.
18 THE COURT: As to their truthfulness and --
~9 THE WITNESS: Absolutely.
20 THE COURT: -- in setting up programs to
21 administer benefits?
22 THE WITNESS: So the employees that are
23 involved in the administration of this program are
24 trained to evaluate documents, and in fact, among those
25 that are apart of the process are people who hold the
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1 title of fraud investigator; thats a particular civil
2 services title. HRA developed that title many years ago
3 under prior administrations. In running our agency, its
4 a very important part of our programs integrity to have
5 it. So we have staff that are experts in evaluating
6 individuals that come in and present documents, and
7 present information about their identity and their
8 residence. And then, we have also other staff who are
9 experts in giving an extra look into cases that may be
10 flagged. So its that system that determined that there
11 are 120 cases in which we thought there were issues.
12 Many of those cases involved are photo recognition
13 technology. I did hear Commissioner Agarwal testify
14 about this, but the tools that weve given our staff are
15 the same tools that the TSA has. Uhm, the company that
16 we -- that gave us these tools, it is a company thats
17 responsible for 80 percent of the licenses in the United
18 States, they provide the technology and the tools, the
19 same ones are given to the TSA, to the State Department,
20 the FBI.
21 They have given us the tools to be able to --
22 if someone comes in and uses a photo, we already know
23 that person has a card to identify that that person
24 should not be given the card because of the risk of
25 identity theft, for example; and those are some of the
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1 denials among that 102.
2 THE COURT: There's been testimony that over a
3 million cards have been issued, is that correct?
4 THE WITNESS: Yes, actually over a million
5 applications have been taken and
6 THE COURT: Excuse me. Go ahead.
7 THE WITNESS: And less than a million, not
8 quite a million cards have been issued?
9 THE COURT: That was my next question.
10 Over a million or so applications, but less
11 than a million cards have been issued --
12 THE WITNESS: That's about the
13 THE COURT: There's been denial of issuance of
14 cards; is that correct?
15 THE WITNESS: Yes, yes, again by staff that we
16 train to evaluate identity/residency.
17 THE COURT: Identity/residency. Okay.
18 Approximately, what percentage is denied?
19 THE WITNESS: About one to two percent.
20 THE COURT: One to two percent?
21 THE WITNESS: Yeah.
22 THE COURT: But of course
23 THE WITNESS: I don't mean to interrupt, your
24 Honor, but those are the people that complete their
25 applications. Uhm, there are people that come to us, who
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1 the first workers that they see tell them you don 1 t
2 have -- you don 1 t have a basis to apply, you 1 re not from
3 New York City, you 1 ve got Connecticut documents. So,
4 there are people that don 1 t even submit applications
5 because it 1 s obvious on their face, that they are not
6 going to accept it.
7 THE COURT: Okay. City, questions?
8 MS. MILLER: Just one second.
9 THE COURT: Sure.
10 MS. MILLER: I have no questions, your Honor.
11 THE COURT: Go ahead. You want to ask the
12 Commissioner some questions?
13 MR. BATRA: Yes, your Honor. I am going to be
14 asking some questions and my colleague will follow-up
15 with a few. We will try to streamline this.
17 BY MR. BATRA:
18 Q Great to see you, Commissioner.
19 You have a fabulous history in protecting Legal
20 Aid, and you 1 re well familiar from your prior title, of what
21 FOIL does, and how wonderfully useful it is in criminal
22 defense.
23 A It 1 s great to be here in Staten Island because that
24 is where I began by Legal Aid career, right over at 42
25 Richmond Terrace, I have a lot of great memories here.
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1 Q For a short time, a year or so, I was --
2 THE COURT: Okay, okay --
3 THE WITNESS: Yeah, I worked there from 1981 to
4 1986 at the old --
5 THE COURT: Criminal Court Supreme?
6 THE WITNESS: I started there as a civil
7 lawyer.
8 THE COURT: Oh, the Civil Division.
9 THE WITNESS: I spent a lot of time at the
10 courthouse; I think, you know, over on Bement and
11 Castleton.
12 THE COURT: Oh, yes.
13 All right; now, that we've gone through all
14 those niceties, let's get to the issue.
15 Q Commissioner, if I heard you correctly, you are the
16 Commissioner of HRA, Department of Social Services and you do
17 something with the homeless you said?
18 A Earlier this year, the Mayor determined to
19 integrate the Department of Homeless Services and HRA under a
20 single commissioner, the Commissioner of the Department of
21 Social Services, which is the title I hold.
22 Q So, if a person was for whatever reason down in
23 their luck and they happen to be in a homeless shelter for 15
24 for more days and had no proof of who they were and what
25 their resident was, could they get an ID card from you?
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1 A We would take a letter from an executive level
2 person from the shelter -- but I want to also make it clear
3 that that's pursuant to the legislation. I'm here as
4 administrator, I am not hear as the head of the Legal Aid
5 Society anymore. I'm here as someone simply running a
6 program where the statute has given me the power upon which I
7 would act.
8 Q I'm holding you responsible, that is what the law
9 allows you to do?
10 A I follow the law.
11 Q And the law says, if a person comes having stayed
12 15 or more days in a homeless shelter, with no identity, no
13 documents proving identity or residence, that a letter from
14 the homeless shelter is enough to get an ID card?
15 A That is not exactly the case, that is not the case.
16 Q Can you classify?
17 A As part of the application process, you have to
18 establish identity and residence. The local law provision
19 relates to residence. There are other things that are
20 required in order to establish identity.
21 Q Such as?
22 A The kinds of things that are specified in local law
23 that we then used when we promulgate a rule. So, for
24 example, a benefits card that HRA issues could entitle
25 someone to some number of points to be able to obtain an ID,
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1 and of course, uhm, as you know, many people in the shelter
2 system do receive public assistance and they would have such
3 a card.
4 Q So they are already part of your system.
5 A Many people are, yes.
6 Q Now, you said the law has a rebuttable presumption
7 to destroy the documents?
8 A I did not say that.
9 Q Didn 1 t you say the first option was do nothing and
10 then documents are destroyed?
11 A Again, my testimony was the law says very clearly
12 if I do nothing, the documents -- the personal documents only
13 are destroyed.
14 Q The personal documents we are talking about are the
15 proof document for identity or residents?
16 A Yeah, my mortgage documents or my Con Edison bill
17 or my lease, those documents.
18 Q As to location? How about for identity, what about
19 those documents?
20 A Similarly my passport or my, you know, public
21 assistance benefit card, which of course; I would have a
22 great interest in not having people see my public assistance
23 identity card.
24 Q But those identity proof documents and the
25 residence proof documents are destroyed, if you do nothing,
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1 correct?
2 A Under the plain language of the law, yes.
3 Q Fine. And now, since you are the Administrator of
4 HRA and Social Services and now also the Department of
~ Homeless is also with you, what is your retention policy for
6 Medicaid beneficiaries, for those documents' retention?
7 MS . MILLER: Objection.
8 THE COURT: Objection. Overruled. Go ahead.
9 A For retaining Medicaid documents, I am governed by
10 the operative law that is in effect for retaining Medicaid
11 documents.
12 Q How long is that?
13 A If you show me a document, if you refresh my
~4 recollection; but I can certainly tell you that for each
15 program we administer -- and we have administer many
16 programs -- there are different periods of time that we
17 operate under for eligibility, for operation of the program,
18 including documents.
19 Q And for retention?
20 A Yes. Here, I just have to add -- and I hope it's
21 not a line -- the law here tells me how long to retain things
22 and, again, I am the Administrator, the law says retain
23 things for two years.
24 Q And if you do nothing, destroy it?
25 A Correct.
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1 Q But the law did empower you to make a determination
2 if you wanted to?
3 A But not with unfettered.
4 Q I understand that, but it did give you discretion
5 because you are the agency charged with, you know,
6 effectuating the policy.
7 A I think the law is very clear, it speaks for
8 everything, it says everything should be destroyed unless as
9 the Commissioner there is some operational need to keep them.
10 Q Now, you have -- under HRA, you have a seven year
11 retention policy after the closing of an investigation?
12 A If you show me some document, I'd be happy to
13 Q Do you know?
14 A I don't know what you're showing me?
15 Q Okay.
16 THE COURT: Refresh his recollection.
17 (Handing.)
18 THE COURT: If he wants to refresh his
19 recollection with that document, I am not going to make
20 it a Court exhibit.
21 MS. MILLER: Okay, instead of wasting time, can
22 I stand there to see what he's looking at to refresh his
23 recollection? Can I go up there and see what the witness
24 is looking at to refresh his recollection?
25 THE COURT: No, give it to the witness.
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1 MR. BATRA: You can stand next to me, you can
2 see what I am doing.
3 THE COURT: Mind your own business, Mr. Batra.
4 Take a look at it. What is he looking at?
5 Q Sir, turn to Page 42?
6 MS. MILLER: I could have done that.
7 Your Honor, I will take counsel up on his offer
8 to look over his shoulder.
9 MR. BATRA: Page 42, please. Stand with me.
10 THE COURT: You just want him to take a look at
11 it?
12 MS. MILLER: Yeah, okay.
13 MR. BATRA: I got other pages. Stay here.
15 Q Page 42 on the bottom half of the page, do you see
16 the retention period in the box on the right hand side?
17 A I do.
18 Q And after closure of the investigation -- this is
19 Investigative Folders/Immigration and Transit.
20 You see that?
21 A I do see it.
22 Q And it says: Used to verify -- used to verify the
23 legitimacy of immigrants and foreigners requesting welfare.
24 And then it continues on, and it says: The retention period
25 for this is -- after the closure of the investigation
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1 seven years, correct?
2 A With respect to -- I think youre comparing apples
3 to oranges.
4 Q That may be but it says seven years, correct?
5 A With the stipulation that you are comparing apples
6 to oranges, yes.
7 THE COURT: Seven years is what it says. Now,
8 you want to explain that? Go ahead.
9 A The documents here are for purposes relating to the
10 granting of public assistance benefits. The law that I am
11 administering with respect to the IDNYC is adopted
12 specifically by the legislative body that tells me how to
13 operate the program.
14 Q I understand. I was not questioning nor faulting
15 you for the content of the law, but I am asking you, the law
16 empowered you under Paragraph E (2) that you could decide the
17 retention if you wanted it to be different?
18 A If there was an operational need to do so.
19 THE COURT: Yes. All right. I am very, very
20 aware that so we can move on because were going to
21 finish this witness in another ten minutes, please.
22 MR. BATRA: I will take two more minutes and I
23 will yield the time to Jeff.
24 Q If you to go Page 45, sir. This is HRA, Freedom of
25 Information Law Requests. And this says you keep your
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1 records for five years. Why do you -- why do you keep ID New
2 York City records less, than the five years than you do for
3 everything else in your agency?
4 A I have a specific local law that delineates what my
5 authority is with respect to the IDNYC.
6 Q Did you advise City Council for the Mayor 1 s office
7 that the County of New York is subject to State law?
8 A I 1 m administrator for the program. When it was
9 determined -- when my agency was determined to be
10 administrator, we complied and implemented the program.
11 Q Right. Did you inform the City either the Speakers
12 office, City Council or the Mayor 1 s Office that the law is in
13 conflict with the State law?
16 Q On the same page there is, again, Freedom of
17 Information, where the requests have been denied, and
18 those that 1 s also kept for five years, correct?
19 A Same answer as I gave you with the respect to your
20 other question.
21 Q Okay. And the next page?
22 A I 1 m sorry. With respect to the last question, I
23 want to clarify, it 1 S the same answer I gave with respect to
24 the last question.
25 Q I understand.
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1 Pages 46. Page 46. Again, Freedom of Information
2 Law Appealed Requests. That's after the matter is closed,
3 you keep it for four years, correct? Page 46?
4 A Same.
5 THE COURT: The various laws require you to
6 keep certain documents for a certain number of years,
7 sometimes sometimes five, sometimes seven; correct?
8 THE WITNESS: That's correct. This particular
9 one says two years, except as of December 31, if you
10 don't require otherwise, they get destroyed?
11 THE COURT: That is correct.
12 THE WITNESS: That's assuming such materials
13 are obtainable under FOIL and all of the various contexts
14 I'm being asked about, some of them are clearly not --
15 they are not obtainable.
16 THE COURT: Right. Let's hear from Mr. Alfano.
17 MR. BATRA: I got one more minute, Judge, if
18 you don't mind.
19 Q You said HRA was selected because it had expertise
20 in giving benefits and denying benefits, correct?
21 A And evaluating and reviewing documents.
22 Q And you said under prior administration, prior
23 administration, something like the fraud investigator title
24 was created, correct?
25 A That is correct.
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1 Q That because HRA wasn't able to stop the fraud,
2 even though it has the expertise in denying requests?
4 Q How do you have fraud, if you denied it already?
5 THE COURT: Can you answer that question?
6 A I think that it's very clear that I brought a
7 number of cases against the Giuliani Administration when I
8 was at the Legal Aid Society. When I became the HRA
9 Commissioner, I looked at all the various programs that the
10 Giuliani Administration put in place, and I made a
11 determination about programs that I thought were effective.
12 Retaining a fraud investigator title and program integrity
13 was one of the programs that I thought was very valuable to
14 keep, and that is the program that's part of the IDNYC
15 implementation.
16 Q But my core point is simply this, the reason you
17 have fraud investigators, is that despite the expertise of
18 HRA personnel, there are still people who are successful in
19 committing fraud upon HRA, correct?
21 THE COURT: Yeah, there are people -- even
22 though you take that into consideration. Thank you.
23 Please sit down.
24 Mr. Alfano.
25 MR. ALFANO: Thank you, your Honor.
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1 CROSS-EXAMINATION
2 BY MR. ALFANO:
3 Q Hello, Mr. Banks.
4 A Hello.
5 Q I just have a couple quick questions, just to mop
6 up. Do you remember writing an article or commentary in the
7 Staten Island Advance on December 1st, 2015 that said it
8 said: Municipal ID that NYC safer for all New Yorkers?
9 A There are two questions about that; it would be
10 helpful if I could see it.
11 (Handing.)
12 THE COURT: First of all, do you remember the
13 article?
14 THE WITNESS: I do recall the article.
15 THE COURT: Okay.
16 A Not all of its content, but I recall the article.
17 Q Okay; take a look.
18 THE COURT: To refresh his recollection.
19 MR. BATRA: It's part of the record already,
20 your Honor.
21 THE COURT: All right, then, we are all right.
22 Go ahead.
23 Q In that article, why did you think it was important
24 to let readers know that quote, to get an IDNYC, New York
25 City residents must produce documents that show proof of who
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1 they are, and that they live in the City, similar to what . is
2 required at the state motor vehicles such as passports and
3 birth certificates.
4 A I wanted to communicate to people in New York City
5 about how we were administering the program.
6 Q Okay. Why did you feel it necessary to compare it
7 to a DMV license or a DMV ID card?
8 A I can't recall what was going through my head when
9 I reviewed this and submitted it, but I can tell you that
10 periodically, we convey information about how we run programs
11 and that was the purpose of this commentary.
12 Q To the best of your knowledge, does the Department
13 of Motor Vehicles accept non-readable foreign passports?
14 A The process that we use
15 Q Just yes or no is fine.
16 THE COURT: No. No. No. Well, are you aware
17 what the Department of Motor Vehicles do?
18 THE WITNESS: I am not aware of all the things
19 the Department of Motor Vehicle does. I do you know what
20 we do, which is that we have a process in -- we are very
21 well-trained people evaluating documents, the same as HRA
22 staff does, throughout numbers of different federal,
23 state and local programs every day. And then we have
24 specially-trained staff with the title of fraud
25 investigators who review documents that would be flagged.
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1 A non-machine readable passport would be flagged and
2 would be reviewed by a fraud investigator who has
3 specific training and expertise in evaluating the
4 authenticity of the document.
5 Mind you, as Commissioner Agarwal testified,
6 such a document would not be entirely dispositive of
7 identity.
8 Q It gives you two points?
9 A It would be part of the determination as to
10 identity.
11 Q Okay. But going back, you recognize that there
12 were over a million or so applications put through, correct?
13 A Yes.
14 Q And last reported, there were nearly two dozen
15 investigators as integrity specialists; does that sound about
16 right; so about 24?
17 A I'd have to look at the staffing level.
18 Q Okay. Public records demonstrate that there are 24
19 people overseeing that.
20 A I'd have to see what records you are referring to.
21 Q All right, let's accept that
22 A I don't know that that is actually so.
23 THE COURT: All right.
24 Q The program has been in place for two years, over a
25 million documents, approximately 24 people reviewing it,
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1 that's each investigator evaluating approximately 43,817
2 applications over the last two years?
3 THE COURT: No. No. No. They're not all
4 taking a million documents in, 24 of them aren't going to
5 review a million, they get them as they come in; is that
6 correct.
7 THE WITNESS: That's correct.
8 A So, for example, when I got my card, I presented a
9 New York State driver's license, that license --
10 Q That's already been vetted by the state government?
11 A That's what I'm-- I am trying to answer your
12 question about the workload of your staff. The New York
13 State driver's license would be reviewed by the front line
14 staff who have expertise in training in evaluating whether or
15 not that is a valid New York State license. The
16 investigators who have the title fraud investigator, didn't
17 need to look at my New York State license because of the
18 independent validity. If I came forward with a passport, a
19 US passport that's fed through the machine and is machine
20 readable and verified, the investigator wouldn't have to look
21 at that either, because the front line staff has been able to
22 verify using the same tools at a TSA person uses to evaluate
23 my passport, so using these large numbers, and then saying
24 you only have this number of investigators is, again, apples
25 to oranges. It's really not representing the process as I've
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1 testified to it.
2 Q Commissioner Banks, you're speaking about your
3 front line people, are you aware of an employee Natalia Diaz?
5 THE COURT: Well, are you?
6 THE WITNESS: I read your Court file and you
7 specified two of our employees, I can't recall which one.
8 THE COURT: Are you aware of Natalia Diaz?
9 THE WITNESS: Based upon Court files in this
10 case, yes, I am.
11 Q Would it surprise you to that prior to working for
12 HRA as a front line person, evaluating these documents,
13 according to Linked-In profile, she worked at Abercrombie and
14 Fitch as a sales associate and at Giovanni's Pizza as a
15 hostess?
16 A If I'm not mistaken, that is the same document
17 which also shows that she was an intern in the HR Department
18 at HRA and so she had management experience and training
19 working in our persqnnel department as an intern; if I'm
20 recalling the right part of your filing.
21 Q As an intern?
22 A We wouldn't allow somebody to be an intern in our
23 personnel department evaluating records unless we had faith
24 and confidence in their skills and abilities.
25 Q All right. I don't disagree with that, however,
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1 how much training would she have gotten between being an
2 intern to evaluating international documents presented or
3 American identification?
4 A So first of all, she had some management experience
5 working in some small business.
6 THE COURT: Excuse me, just for one moment,
7 don't interrupt the witness.
8 By the way, are you now talking about the
9 competency of the people in the HRA who are reviewing
10 these documents? Are we going to go one-by-one?
11 MR. ALFANO: No, no, these were the only two,
12 your Honor. I just wanted I'll go onto the next one.
13 MS. MILLER: Can he finish his answer?
14 A So, based upon your filings, she has experience in
15 a management capacity, supervisor capacity, in reputable
16 businesses in the United States; she then was selected to
17 work in our personnel department and then, she was given the
18 training that Commissioner Agarwal testified about, which is
19 the same training that our front line staff get to determine
20 the how to operate the same kind of tools that the TSA
21 has.
22 Q So how many years of training did she go through to
23 evaluate foreign documents?
24 A She gets the standard training the HRA employees
25 get to make that kind of determination.
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1 Q That didn't answer my question. How many years --
2 A She gets the standard training HRA employees get.
3 If I could finish.
4 Q Excuse me.
5 How many months
6 THE COURT: Let's get the ID here; okay.
7 A Were you going to give me another question? If you
8 want to go to the next employee, you can do that.
9 Q Do they have to take some type of test after the
10 training?
11 A Like all employees that we employ, the training is
12 apart of how they're provided with information to be
13 employees and then they're supervised as they conduct them.
14 Q Do they take written examination if, you know?
15 A There is not a written examination for such
16 employees.
17 Q Okay. Now, just to take a step back to that
18 article that was in the Staten Island Advance. You also said
19 that the notion, quote, that this ID would aid terrorists,
20 who would have to have already been in the United States to
21 apply for one, is baseless.
22 How do you explain that large banks express their
23 concerns about money laundering and this ID card?
24 A I think you have to ask someone who is an expert in
25 banking for that question.
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1 Q Okay. Why did you feel the need to put in it the
2 Advances commentary?
3 A I think its important when commenting on the
4 integrity of our programs to do so, so I did.
5 Q So, the access to terrorists, the access to all of
6 this is something to assuage the fears of at least Staten
7 Islanders; you acknowledge that, correct? This article?
8 A I 1 m sorry.
9 Q The article that you wrote?
10 A Yes.
11 Q Was to assuage the fears of Staten Islanders with
12 respect to this identification card, correct?
13 A The purpose of the article was to provide
14 information about our program, so that people could
15 understand it was operated with integrity.
16 Q That is not the question I asked.
17 Yes or no --
18 THE COURT: Its not yes or no, he can answer
19 the question. You know, just because you want a yes or
20 no
21 Q Did you write that to assuage fear?
22 A No.
23 Q Why did you feel the need to compare it to a
24 drivers license?

)
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1 A I think I answered that.
2 THE. COURT: Sustained.
3 Q So would you agree that a driver license could be
4 considered a goal standard in terms of identification for an
5 state ID card?
6 A I think
8 THE COURT: Overruled.
9 A I think what is gold standard is using the same
10 tools that TAS uses to determine the authenticity of
11 documents and where there is a question, to have employees
12 with the title of fraud investigator to determine how to
13 resolve questions.
14 THE COURT: A driver's license is an acceptable
15 document to obtain a New York City ID card?
16 THE WITNESS: Yes, it is.
17 THE COURT: Are you aware of a driver's
18 license, before they are issued, there is some vetting of
19 the applicant for the driver's license, whether a
20 non-driver driver's license?
21 THE WITNESS: Yes, and that was a factor in
22 assigning the number of points to that particular
23 document.
24 Q Okay.
25 THE COURT: One more question, Mr. Alfano.
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1 Q Commissioner Banks, you are aware that the New York
2 State DMV subject to FOIL, correct?
3 A I presume they are.
4 Q In response to a FOIL request, if I FOIL'd you, I
5 could get certain information based on your driver's license.
6 Or if you were in a car accident, I could have my attorney
7 obtain an abstract that contains a certain amount your
8 personal information; correct?
10 THE COURT: Sustained. There's lots of ways of
11 getting information, if you're talking about a
12 MR. ALFANO: Let me break it down.
13 Q If I did a compound between abstract and FOIL, do
14 you recognize that I can submit a FOIL request to the
15 Commissioner of the Department of Motor Vehicles and obtain
16 records held concerning your personal information in
17 connection with your driver's license?
18 A Meaning?
19 THE COURT: Are you aware of that?
20 A You mean in connection with a car accident?
21 Q No, no, in connection with your driver's license.
22 I submit a FOIL request for Mr. Steven Banks and assume I
23 knew your home address.
24 A Uhm, I don't know all of the processes for FOIL-ing
25 the DMV.
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1 Q Okay. Could you answer why the IDNYC program as
2 its adopted by your agency, provides no methodology for any
3 public access to the actual program?
5 THE COURT: Overruled. You understand that?
6 THE WITNESS: I do not actually understand the
7 question.
8 THE COURT: Rephrase. Last question.
9 Q Are you aware -- can you tell me why the IDNYC
10 regulations and legislation provide no means by which a
11 member of the public can access that government program,
12 unlike the Department of Motor Vehicles, which doesn 1 t?
13 THE COURT: You mean, is there a provision for
14 FOIL-ing information?
15 MR. ALFANO: There is no provision for
16 FOIL-ing, your Honor.
17 Q Why is it different?
18 THE COURT: Not why is it different. What
19 about your agency?
20 THE WITNESS: I mean, our agency, your Honor,
21 receives many FOILs for many different things.
23 THE WITNESS: But one kind of FOIL, such as the
24 FOIL here, that we wouldn 1 t respond to is a FOIL in which
25 there is a request for information that is confidential,
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1 of a confidentiality nature.
2 For example, if you had a card and there was a
3 FOIL received for you and you had submitted your mortgage
4 documents or your tax returns, we believe that is of a
5 confidentiality nature, we should not be submitting that.
6 Similarly, one of the purposes of this program
7 was to give identification to very marginalized people,
8 transgender New Yorkers, domestic violence survivors,
9 uhm, homeless people, and there is a real concern in
10 terms of their safety about disclosing their personal
11 information.
12 For example, if I was to provide information on
13 a FOIL request about a domestic violence survivor who
14 made an application, uhm, that would clearly raise some
15 real safety concerns; so FOIL is not an unfettered access
16 provision, it 1 s a provision that has some very clear
17 exceptions to it. And two of the exceptions are very
18 much present here in running this program, like other
19 programs that run at HRA, and involve the very strong
20 privacy and confidentiality concerns and the safety
21 concerns.
22 THE COURT: It 1 s almost on a case-by-case
23 basis. The FOIL requests may or may not be granted
24 depending upon what is asked for and what the extent of
25 it is, and there is also situations where documents are
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1 heavily redacted for certain information?
2 THE WITNESS: But here, looking at the
3 applications and looking at the requests, there would be
4 nothing to provide . For example, people are given the
5 option of personal contact information.
6 So, if you give your wife's name and cell phone
7 that's going to have to be redacted. Your actual address
8 is going to have to be redacted. Your name is going to
9 have to be redacted. You are -- there is nothing that's
10 left. You have seen the application form, there's
11 nothing there that could be disclosed.
12 MR. ALFANO: Your Honor, by way of argument
13 THE COURT: By way of nothing. We are
14 adjourned. This witness is through. We will commence
15 again at 2 o'clock.
16 Do you have another City witness?
17 MS. MILLER: If your Honor wants, we should
18 have one other person from the NYPD, if you want.
19 THE COURT: NYPD?
20 MS. MILLER: The police department.
21 THE COURT: Who do you have?
22 MS. MILLER: Deputy Commissioner Miller.
23 MR. BATRA: I thought we were getting John
24 Miller.
25 MS. MILLER: Deputy Commissioner Miller, his
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1 first name is not Deputy Commissioner, it's John.
2 MR. BATRA: Perfect. Is it possible that we
3 can have Commissioner Banks back for 10 minutes?
4 THE COURT: Nope. I have heard all I need to
5 hear from Commissioner Banks.
6 MS. MILLER: Your Honor, my question is, do you
7 need to hear from the Deputy Commissioner?
8 THE COURT: Yes, I think we do. There's been a
9 big issue about police department involvement in this
10 legislation, so I think we have to hear from him.
11 MS. MILLER: Okay, thank you.
13 (Whereupon, a luncheon recess is taken.)
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Exhibit L-5
113
Proceedings
1 A F T E R N 0 0 N S E S S I 0 N
2 COURT CLERK: Back on the record.
3 THE COURT: Call your witness.
4 (Whereupon, the witness takes the stand.)
5 J 0 H N M I L L E R, called as a witness, having been
6 first duly sworn, was examined and testifies as follows:
7 THE COURT: Is it Commissioner Miller? Deputy
8 Commissioner Miller?
9 THE WITNESS: John works fine for me.
10 THE COURT: It may work for you, but I will
11 determine whether we're going to call you John; we don't
12 want to be too friendly here, Commissioner.
13 First of all, Deputy Commissioner John Miller,
14 I will ask you questions, so will the lawyers. Please
15 answer the questions directly. If yes or to answers it,
16 that's fine. If you don't understand it, tell me you
17 don't understand it. I will rephrase my question or
18 they'll rephrase theirs. Keep your voice up, okay?
19 And my first question to you is, what is your
20 current position?
21 THE WITNESS: Deputy Commissioner for
22 Intelligence and Counterterrorism of the New York City
23 Police Department.
24 THE COURT: Okay. Commissioner, you are aware
25 of certain legislation, I think, it's 3-115 of the
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J. Miller The Court
1 Administrative Code concerning the issuance of New York
2 City identification cards?
3 THE WITNESS: Yes, your Honor.
4 THE COURT: There has been testimony here by
5 prior witnesses, particularly, Commissioner Agarwal that
6 the police department was involved in the formulation of
7 this legislation, and they were consulted particularly
8 concerning the issues of fraud and national security,
9 criminality, things of that nature. Are you aware of
10 that?
12 THE COURT: All right. Tell us what you know
13 about the police department 1 s participation in the
14 formulation of this legislation and how they were
15 consulted and what they recommended?
16 THE WITNESS: Your Honor, when the concept of
17 the New York City ID card came up, we were contacted
18 we, the NYPD, was contacted by the Office the Mayor and
19 asked to provide technical assistance in consulting and
20 formulating the processes and requirements for the ID
21 card.
22 THE COURT: Okay. What did you do? What did
23 you do?
24 THE WITNESS: Under the Intelligence and
25 Counterterrorism Bureau, we went through a series of
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1 meetings with other agencies. HRA, Homeless Services and
2 so on, about requirements for the ID card and in those
3 discussions, we talked about standards for what would be
4 adequate in terms of forms of identification, numbers of
5 points applied to certain things, to cause the issuance
6 of a New York City ID card to a person.
7 THE COURT: Okay. You are aware that if a
8 person applies for one of those ID cards, they have to
9 fill out an application, correct?
11 THE COURT: And they have to supply certain
12 back up documentation to establish their identity and
13 their residency within the City of New York, because the
14 statue provides that you have to do this with the City of
15 New York in order to obtain this card; and the type of
16 documentation was far-ranging among other things, birth
17 certificates, passports, driver's license, expired
18 passports, and on and on.
19 Did the Police Department review the adequacy
20 of these documents to support the applications?
21 THE WITNESS: We did. And in our discussions
22 with other City agencies, we believed that they were
23 adequate verifiable documents and documentation, and in
24 the case where documents were not verified, in and of
25 themselves, a verification process to vet them was in
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J. Miller The Court
1 place.
2 THE COURT: You are aware, I believe, that
3 these ID cards are available not only to citizens but to
4 undocumented residents of this City?
5 THE WITNESS: Yes.
6 THE COURT: Do you have a problem with issuing
7 these cards to those who are undocumented?
8 THE WITNESS: No.
9 THE COURT: Why?
10 THE WITNESS: This City is made up of a number
11 of groups, whether it is the homeless or people fleeing
12 domestic violence -- but to speak to your Honor's point,
13 as well as undocumented persons from numerous other
14 countries. These legions of people exist in some ways
15 with no record of their existence, where they don't show
16 up anywhere. And I say this as a police official beyond
17 my position in intelligence and counterterrorism, it
18 causes people to not come forward to accept services, not
19 contact the police, in some cases, not report crimes
20 because they cannot answer the first question, which is,
21 who are you?
22 So, from a standpoint of a police official in
23 general, and an intelligence in general and
24 counterterrorism officer, specifically, the more people
25 out there that we can document the existence of and be
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J. Miller The Court
1 certain about the identity of, the better off I am.
2 THE COURT: Okay . How do you go about
3 verifying the information that is supplied in support of
4 their application? How does the police department do
5 this?
6 THE WITNESS: We don't do it.
7 THE COURT: You don't do it?
8 THE WITNESS: No, it's done by HRA.
9 THE COURT: By HRA?
11 THE COURT: Okay.
12 THE WITNESS: And I'm familiar enough with the
13 process to explain it in broad terms.
15 THE WITNESS: But it's not a police department
16 process.
17 THE COURT: Okay.
18 THE WITNESS: There is a document calculator
19 that says, you know, a passport is worth four points, and
20 a, you know, credit card is worth 1, and uhm, something
21 else is worth two points. I may be screwing up the
22 points a little bit, but it calculates the worth of
23 certain documents to establish identity.
24 And then there is a residency version of the
25 same thing, where it calculates what a bank statement is
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J. Miller The Court
1 worth versus a Con Ed bill, versus a something else, uhm,
2 you know what a handwritten signed lease is worth. And
3 then it talks about the process, about steps used to
4 verify those documents where they 1 re not verifiable in
5 and of themselves.
6 THE COURT: That would be my next question.
7 How do you verify -- excuse me -- the legitimacy of say a
8 passport, a driver 1 s license, a birth certificate, a
9 baptismal certificate, something along those lines; how
10 is that done?
11 THE WITNESS: In a couple ways, depending on
12 the documents. Many countries have what we call readable
13 passports. There is a machine that is used by all of the
14 countries that are in the cooperative agreement, where
15 you put the passport in, and you know, it reads on a bar
16 code chip, a number of other security features -- that
17 it 1 s probably better that I not get into the specificity
18 of -- where it verifies that within within that
19 international system. It says this is legitimate,
20 stolen, or a real passport. There are countries that are
21 not apart of that system, where the passport in this
22 process is accepted with a lower number of points. So
23 that 1 s one way; that 1 s on the high end of the scale, your
24 Honor.
25 On the lower end of the scale, somebody may
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J. Miller The Court
1 say, uhm, I live at a homeless shelter so at that point
2 they might have to come back with a document, literally a
3 letter from the manager or executive person, in that
4 shelter to say, I know so and so is this person who has
5 been here for a minimum of 15 days, and establish it that
6 way. Another might be a handwritten lease from a
7 landlord, which you could have sat down and written down
8 and at this point, youre in the second stage of a two
9 staple process. You know, you meet a case officer who
10 helps you through the application. Do you have enough
11 documents? Do they make the point spread? How do you
12 execute the paperwork?
13 If they have questions, then that application
14 and all the underlying documents with it go to a
15 integrity officer; this an HRA person whos trained a
16 Level 2 fraud investigator, who exams the integrity of
17 the applications, the statements on it, the underlying
18 documents, and they will go about the process of
19 determining either the authenticity of the documents to
20 the satisfaction of the system or a verification process
21 where they may have to contact certain people and say is
22 this person who they say they are, can you supply this
23 letter and so on.
24 THE COURT: Theres been some questions raised
25 about a number of fraud cases and somewhere in the
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1 documentation, 102 fraud cases have been established, and
2 then in some instances the United States Attorney for
3 Connecticut was interested and the New York County
4 District Attorney was interested, to what extent is the
5 police department interested when a fraudulent
6 application is submitted or attempted to be submitted?
7 THE WITNESS: We 1 re also interested in fraud in
8 general and identity theft, in particular, or criminal
9 impersonation of another person.
10 So in this case, over the past two years,
11 having consulted with Robert Boice, the Chief of
12 Detectives, as well as the commanding officers of the
13 Grand Larceny Division, which has the identity theft unit
14 in it, New York City IDs have surfaced in four cases over
15 two years; identity theft cases where -- and I want to be
16 clear about that -- where in the course of investigations
17 into identity theft of an individual, the investigation
18 uncovered a New York City ID somewhere in the evidence.
19 I could use the police department as an
20 example, but any law enforcement agency, FBI so forth, if
21 they require information about a certain applicant or a
22 person who 1 s already gotten a card -- well, let me back
23 track. The provisions in the law permit destruction of
24 the back up documents within two years and now, as of
25 December 31 of 2016, the Commissioner the HRA, the
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1 Commissioner can order the destruction of all existing
2 back up documents, and if he does not issue it, then it
3 automatically -- the data on the documents gets destroyed
4 or removed.
5 THE COURT: Is that a concern to the police
6 department that if they were interested in a certain
7 person that they wouldn't have the back up documentation
8 to further their investigation, learn their identity,
9 where they live and so forth and so on. Is that a
10 concern that these documents are being -- these back up
11 documents are being destroyed?
12 THE WITNESS: Your Honor, I think as an
13 investigator any investigator would say I want
14 everything, but I think looking at it as a larger matter,
15 as the police department and being the accountable
16 official, who was assigned by the police department to
17 look at this in its broader implications, uhm, the reason
18 that we negotiated with HRA and other City agencies for
19 the two-year retention period to start with, was we
20 wanted a period of time that would establish a baseline,
21 which is over the course of a couple of years, which
22 isn't forever, but it's not a short time; where we can
23 kind of take the temperature of what the potential
24 criminal implications were that might emanate from the
25 New York City ID beyond its intended purposes and as this
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J. Miller The Court
1 process approached, when we were contacted by the Mayors
2 office to say -- as we approached the deadline of the
3 two-year agreement to retain the documents --
4 THE COURT: Thats December 31, 2016?
6 -- we were asked, does the Police Department
7 have any issue with ending the retention of these
8 documents? And after looking at my cases on the
9 counterterrorism side and the intelligence side,
10 including the criminal intelligence side, there were no
11 real issues there, and then consulting with the Chief of
12 Detectives and the Grand Larceny Division, they said they
13 had a total of four cases that they didnt encounter New
14 York City IDs in. It seemed that the criminal
15 implications during the pilot period was de minimis.
16 The flip side of that equation, however -- and
17 I dont want to go further than the question -- but the
18 other implication is, there are inherent identity theft
19 risks on a huge scale with the retention of the
20 underlying documents.
21 THE COURT: With the retention of the
22 underlying documents?
24 THE COURT: Go ahead. Explain that.
25 THE WITNESS: Whether you are AOL or you know,
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J. Miller The Court
1 gaming applications like Mindcraft, Apple or Sony or JP
2 Morgan Chase; organizations with extraordinary
3 sophisticated security measures, we have learned from
4 recent elections, that anything that lives on a server
5 can and will be breached at some point, somewhere by
6 somebody, as the criminal capabilities of hackers
7 develop.
8 So the idea of New York City, which is -- and I
9 am familiar with this through my work -- an attempted
10 target of hackers and scams from people all the time, the
11 idea that it would be holding, not just the ID card, a
12 copy, but all the underlying information contained on the
13 application gleaned from the applicant, and the
14 underlying documents, but then the actual underlying
15 documents, if this system were compromised or breached,
16 it could lead to a massive identity fraud opportunity,
17 where people not only had all the requisite data, say,
18 from the application but --
19 THE COURT: Right.
20 THE WITNESS: -- but also the actual building
21 blocks in terms of driver 1 s license, passports, foreign
22 ID, what have you, to recreate people 1 s identity.
23 So, given the risk versus reward, and the de
24 minimis return on our inquiry as to how much of a factor
25 was this criminal activity in the first two years, our
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J. Miller The Court
1 judgment as the NYPD was we were fine with no retention
2 of the documents or ending the retention during the pilot
3 period, as laid out in the law, as long as they continued
4 to keep the application and the ID card and the basic
5 information and identifiers about the person.
6 THE COURT: Okay. Thank you.
7 THE WITNESS: Sorry for the long answer.
8 THE COURT: No. No, it was fine.
9 City? Any questions.
10 MS. MILLER: Just a couple, if I may.
12 BY MS. MILLER:
13 Q There's been a lot of questions from my learned
14 colleagues over here about terrorisms and baking and whatnot,
15 as a law enforcement person, what threat, if any, does this
16 New York City ID program -- that is, a person having an ID,
17 potentially using it to open a bank account have, vis-a-vis
18 criminal activity or terrorism or anything like that?
19 A Well, in the 21 cases where New York City was
20 either the target of a terrorism plot or a plot emanating
21 from a group in New York City, almost every person -- the
22 suspects in those cases used their own identities, their true
23 names, and had documents that far exceeded the ability of a
24 New York City ID. And I caveat that by saying that during
25 some of that time, the New York City ID didn't exist but
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J. Miller Direct/Miller
1 during the last half dozen cases that have occurred over the
2 prior three years where I have been in this position, they
3 have had their own driver 1 S licenses, passports, Visas and
4 other documentation, where the existence of a New York City
5 ID would not have advanced their ability to do anything; you
6 cannot get on an airplane with it, you cannot buy a drink
7 with it, you can 1 t get a passport with it, you can 1 t get a
8 driver 1 s license with it.
9 So, I 1 m not sure other than availing themselves
10 of certain City services, how it would provide an advantage
11 within a terrorist plot.
12 On the banking end of your question, Ms. Miller, I
13 would say, I hope every terrorist opens a bank account and
14 uses it during the planning and plotting of their plot.
15 Banks keep records. They report suspicious financial
16 transactions. There are laws concerning structuring. And
17 uhm, it would be a step away from them using money carriers,
18 or as far as where there are no records, it actually gives us
19 a better chance of having them under our radar and likely --
20 it would be -- it would be actually an advantage, as opposed
21 to a detriment.
22 Q Just as was suggested over here, using a New York
23 City ID by someone who happened to be a terrorist who opened
24 up a bank account, is that an advantage or disadvantage to
25 your law enforcement activity?
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1 A Anything that might put them on the radar is an
2 advantage. Uhm, again, banks collect and keep records, their
3 machines take pictures of people making withdrawals, their
4 facilities are laden with cameras that record images, their
5 systems collect IP addresses from which people log on, up to
6 and including the computer it came from, and the location by
7 country or state that it was in. Banks can be an
8 extraordinarily useful tool on the other end of a search
9 warrant or judicial subpoena.
10 MS. MILLER: Just one second, your Honor.
11 Q There's also been some questions again from my
12 colleagues over here concerning the issuance of driver's
13 license from the DMV.
14 I was wondering if you could comment, is there a
15 different standard between a driver's license, the issuance
16 of a driver's license and the issuance of a New York City ID?
17 A When we had our first discussions, your Honor's
18 questions focused on other City agencies, and what we
19 suggested was, .uhm, a modeling in principle, on the standards
20 of the DMV, about having a point spread requiring certain
21 documents, verification of documents. On the other hand,
22 this is a unique ID card that has specific purposes for it,
23 beyond driving. The difference between this and a driver's
24 license is, where the driver's license standards are higher,
25 they have to meet a national criteria set by the Department
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1 of Homeland Security. That makes that an identification that
2 allows to you present it at a TSA checkpoint in order to
3 board an airplane.
4 The New York City I will not do that so they have
5 different purposes, they have slightly different standards,
6 although they're modeled on the same principles.
7 MS. MILLER: I have nothing further. Thank
8 you, your Honor.
10 Mr. Batra or Mr. Alfano?
11 MR. BATRA: I'm up, your Honor.
12 THE COURT: Okay.
14 BY MR. BATRA:
15 Q Commissioner, good to see you again.
16 Happy New Year.
17 A Happy New Year to you.
18 Q How long have you been Commissioner -- Deputy
19 Commissioner for Intelligence and Counterterrorism?
20 A Three years.
21 Q And during that three-year period, which of your
22 colleagues in government do you interact with, let's say for
23 example, in Washington?
24 A Uhm, officials of the Department of Homeland
25 Security, Central Intelligence Agency, the National

. )
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J. Miller Cross/Batra
1 Counterterrorism Center, FBI, Department the Treasury.
2 Q Department of State?
3 A Department of State.
4 Q How about the United Nations Security Council?
5 A Not much.
6 Q Do you that they have a committee on
7 Counterterrorism and the Chairman on Counterterrorism for the
8 world that comes out of the United Nations Security Council?
9 A I am aware that it exits.
10 Q I have interacted with them for many years so
11 MS. MILLER: Objection to the commentary.
12 THE COURT: He wants us to know that he is a
13 very important person.
14 MR. BATRA: Your Honor
16 MR. BATRA: Neither my wife or barber are
17 impressed and my tailor has given up on me, so I'll
18 Q But my question to you, sir, was in
19 counterterrorism, you said, in answer to the Cqurt's
20 question, any investigator would say I want more because more
21 is better than less?
22 A It's the nature of the beast.
23 Q So, it becomes then a value judgment for an
24 investigator who wants everything, but our duly elected
25 duly elected representatives of the people say, they want to
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1 go in a certain direction.
2 A Yes.
3 Q So now, what occurred in the first State of the
4 City address by the Mayor -- and we want to be compassionate,
5 right? New York City has a history of being compassionate to
6 immigrants -- we want to get these people marginalized to
7 kind of help them, right? The NYPD raised the issue to
8 either the Mayor or either the Committee on Immigration of
9 the City Council, that's wonderful, we all want to be --we
10 just had Christmas last week -- and for Nicole, I know it's
11 coming up in a few days from now -- so you know, we're within
12 Christmas, so being compassionate is
13 MS. MILLER: Objection to the question.
14 Q being compassionate is wonderful, but do we have
15 to balance that against both public safety, of not only our
16 citizens of New York City and New York State, but also
17 National Security?
18 A That was the question we asked, and as testified to
19 earlier, the judgment we came to was that this was the
20 balance struck between public safety and national security,
21 and in the most reasonable way.
22 Q Okay. So when the balance was struck, it was
23 struck because you were deferring and demuring to the
24 political judgment of issuing ID cards?
25 MS. MILLER: Objection to the form.
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1 A That is not true.
2 THE COURT: Wait a minute. Wait a minute. The
3 answer will stand, it's not true.
4 Q Did I misunderstand your prior testimony that every
5 investigator wants everything?
6 A As I testified earlier -- and context is important
7 when you're kind of -- when you're coming to a judgment on a
8 large issue like this, you have to make sure that you're not
9 focused on one narrow aspect. One narrow aspect, Counselor,
10 might be every investigator ~wants everything. If you've ever
11 been in a discovery process in a civil case, every lawyer
12 wants everything, also. But when you measure that against
13 the other factors involved, which is for instance, for
14 example, the risk of massive identity theft if that system
15 was ever breached, and the idea that a government agency was
16 holding personal documents many -- in fact, most of which
17 were not government documents, that's a factor that goes into
18 that judgment.
19 The police department is not a political
20 organization, it's a law enforcement organization. When
21 we're asked a question, we answer it honestly, and when these
22 discussions occurred, they said retention or no retention,
23 and like a police department, it wants to argue for
24 retention, and when that discussion went further, they said,
25 well, retention, you know, for how long, and we were likely
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1 to say forever.
2 Q Sure.
3 A And the reasonable decision that was made was let's
4 agree to a retention period of two years and see what
5 happens. And in the course of two years, we have not seen
6 New York City IDs surfacing rampantly in terrorism cases,
7 identity theft or other matters.
8 Q As part of your duties as Deputy Commissioner of
9 Counter Intelligence, in addition to Counterterrorism, in
10 addition to Intelligence, when events of terrorism occur that
11 affect part of the human family and other parts of the world,
12 NYPD is known to send a team either to help or to learn?
13 A Yes.
14 Q Because each are -- as you used the words, building
15 blocks earlier -- and the game of terrorism is a zero sum
16 game because we can't even allow one person to get through;
17 isn't that the goal?
18 A Yes.
19 Q Now, if I was a Medicaid agency, you know, helping
20 people out with welfare or food stamps, if somebody defrauded
21 me, they got money, they got food, my City, County and State
22 didn't get blown up, but if I am charged with protecting
23 public safety or national security, I don't want a single act
24 of fraud; isn't that correct?
25 A Zero sum game; whether it's terror or criminal, you
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1 want no crime, thats not a realistic goal, but its a goal
2 which we all embrace.
3 Q But even some crime -- we can tolerate a certain
4 level of crime, its a fact of life, even though crime is low
5 in New York
6 THE COURT: I dont think we can go there, that
7 we can tolerate certain types of crime, but go ahead.
8 Q But in the case of terror, we really have a zero
9 tolerance policy, dont we? Both City, State and Federal
10 Government, the goal is to prevent every act of terrorism?
11 A Also not a realistic goal, but its the goal, that
12 is what we shoot for.
13 Q And so were at our highest DEFCON, if you will,
14 when it comes to preventing terror; fair? We are in a normal
15 state of high alert, its the nature of New York City as a
16 target, surely, that level of high alert to prevent terror
17 from occurring, is not the level of high alert that we exert
18 as part of our government in dispensing social benefits to
19 our citizens that are in need in real life
20 THE COURT: Can you tie this into the New York
21 City ID card?
22 MR. BATRA: Yes, your Honor.
23 THE COURT: Please.
24 Q You know, HRA is the one that dispenses help to
25 people who need help, which is a good thing, right? That is
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1 a compassionate City, and if somebody gets over on our city,
2 and gets away with something, Medicaid fraud or food stamp
3 fraud or welfare fraud, okay, and if it's big enough, the US
4 Attorneys get involved, and the money is either returned,
5 gotten back, or people are sent to jail; but that's the
6 standard that we use for recovery of money, it's not the same
7 standard that we use to block any act of terror; isn't that
8 correct?
10 THE COURT: You understand the question, sir?
11 THE WITNESS: No.
12 THE COURT: Please rephrase.
13 MR. BATRA: All right.
14 Q Do you protect public safety the same way you
15 protect your money?
17 THE COURT: No. Objection sustained, please.
18 Q As a government, do you protect public safety as
19 you protect the treasury?
21 THE COURT: Counselor?
23 A I am not trying to be difficult, but I am having
24 trouble
25 THE COURT: Excuse me. You don't understand
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1 the question, talk to me.
2 THE WITNESS: Your Honor, I dont understand
3 the question.
4 THE COURT: Lets move on. Otherwise, you are
5 getting into discussions with him and we will be here for
6 half hour. Go ahead.
7 Q In answer to Justice Minardos questions earlier,
8 you said we, meaning the NYPD, we dont verify the documents,
9 HRA does; right?
10 A Thats correct.
11 Q Why not the NYPD?
12 A Part of and this was included in the original
13 discussions which is why I actually have the ability to
14 answer that question -- part of the catalyst going into this
15 was -- uhm, that there are certain groups or classes of New
16 Yorkers, whether theyre undocumented persons from foreign
17 countries or whether theyre homeless people who have had
18 contact with the police or negative experiences, or others
19 who were suspicious of government, in general, that there
20 would be a turning of the coin, for victims fleeing domestic
21 violence who needed identification, but were also entitled to
22 the same kinds of protections and privacies that they would
23 get from other public and private institutions.
24 So, privacy was a big concern here, in that
25 everybody who walked through the door would not result in
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1 a -- in a call to the police.
2 Q The privacy concern was not the concern of the
3 NYPD, that was a political concern, correct?
4 A You're asking me to make a judgment for someone
5 else. It was --
6 Q Well, I am asking you
7 A It was NYPD -- it was stated in the meetings that
8 this was a concern for their clients, those who would seek to
9 obtain the ID card, many of whom had no other way to identify
10 themselves also had and expectation, as well as a right to
11 some privacy in this process.
12 Q That is a perfect segue, sir, to this question of
13 right to privacy. As part of the NYPD for many, many years
14 and you've served this great City with great distinction,
15 you're familiar with New York State law on FOIL?
16 A Yes.
17 Q And you know that New York State law, no pun
18 intended, so I'll say that in advance -- trumps New York City
19 law?
20 A I've heard this.
21 Q So in New York State, FOIL law says that the
22 people citizens of the State of New York should know what
23 their government is doing, know why the government is doing
24 what it's doing, and what it's basing it upon, and sets out a
25 whole statutory regime to effectuate the people's right to
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1 know, which incidentally, also helps law enforcement; isn't
2 that correct?
3 A Well
4 Q Because if records are being maintained for the
5 public to know, it also helps law enforcement because the
6 records are there?
7 MS. MILLER: Objection to form.
8 THE COURT: Yeah, sustained.
9 You understand that FOIL is there so that
10 citizens can request certain government documents that
11 are not classified, okay, for whatever information the
12 citizens seek; is that generally what you're
13 understanding of FOIL is?
15 THE COURT: If they ask for government
16 documents or documents held by the government, as long as
17 they're not classified in some way, if you're dealing
18 with the federal documents, particularly, they are --
19 they have certain classifications, you can't get them;
20 but generally speaking, you can get certain
21 documentation, yes, under FOIL?
22 THE WITNESS: Your Honor, in my twisted career
23 path, I've been a FOIL-er and a FOIL-ee.
24 THE COURT: There you go.
25 Q Okay. No one could know the tension point better
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1 than you. You are aware, sir, of course that New York State
2 has a strong public policy of a presumption, a statutory
3 presumption, that the records be made available to the public
4 barring certain narrowly construed exemptions?
5 A Yes.
6 Q You are also aware that New York City Local Law
7 passed Local Law 35 with a presumption that records be
8 destroyed, unless the Commissioner determined otherwise; you
9 are aware of that?
10 A Yes.
11 Q And those two positions, public policy positions,
12 are at odds?
13 A Uhm, not for me to say.
14 Q If one says presumption people should know; and the
15 other says records should be destroyed; would you say that
16 they're not the same position?
17 THE COURT: The Court will take that into
18 consideration in its decision.
19 MR. BATRA: That's fine, your Honor.
20 Q Now, were you at all troubled when you heard the
21 Chairman of the Immigration Committee of the City Council
22 enunciate that the reason for the language of the Local
23 Law -- the bill and then was passed into law when the Mayor
24 signed it -- was because that chairman was concerned about
25 who was going to possibly become president of the United
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1 States?
3 THE COURT: Can you answer that?
4 A Uhm, I didn't -- I heard Counselors question
5 clearly, I didn't hear the statement by the Chairman of the
6 Immigration Committee of the City Council.
7 Q Do you know the Chairman of the Immigration
8 Committee?
9 A I don't, no. If you told me who that person was I
10 would probably recognize the name.
11 Q Sure. I'm picking up this wonderful petition that
12 Jeff Alfano put together, and Exhibit H has a copy of a New
13 York Post article dated February 16, 2015, which repeats the
14 Chairman of the Immigration Committee who says -- and I have
15 several quotes. Quote: In case the tea party comes into
16 office and says quote, we want all the data from all the
17 municipal ID programs in the country, we're going to take
18 that data, he explained. And then it continues, that data is
19 an important signal to the future of immigration reform that
20 allows us to prepare for any leadership. And it goes
21 further. So, here is the motivation of the Immigration
22 Chairman of the City Council, saying, in spite of our very
23 cherished history of a two-party system, viable two-party
24 system --
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1 Q -- that, if the other side gets in, I want our law,
2 our local law, which is subject to state law and yet subject
3 to Federal Law, to be able to trump Federal Law.
4 MS. MILLER: Objection to the premise.
5 MR. BATRA: No pun intended.
6 MS. MILLER: Objection to the premise and it
7 assumes facts that are not facts.
8 THE COURT: Sustained. The statement that you
9 read that comes from a newspaper, seems to imply that the
10 City of New York would destroy the back up documents so
11 that if there was an administration --
12 MR. BATRA: Across the aisle.
13 THE COURT: -- a new administration, a
14 Republican administration, that they immediately would be
15 seeking out this back up information for purposes of
16 dealing with particularly the undocumented; is that where
17 you are going with that?
18 MR. BATRA: Your Honor, you have said it
19 exactly correctly.
20 THE COURT: Wonderful. Now, if you are aware,
21 was that taken into consideration when you negotiated
22 this bill?
23 THE WITNESS: I think it would be very hard,
24 given my testimony here under oath, to say that
25 approximately two years ago, we sat down and had these
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1 discussions with officials of the police department and
2 officials of other New York City agencies to be able to
3 predict the outcome of any election.
4 I can represent that in those discussions, our
5 discussions were purely operational, from a police
6 department standpoint, about what we would require in
7 terms of documentation acceptability for an ID card that
8 could cause somebody not to be arrested, but receive a
9 summons instead. We gave what our requirements were, and
10 then our suggestions for retention, which was written
11 into law.
12 You're asking me to make a judgment on a
13 politician's statement about politics. Our discussions
14 were strictly about structure and standards.
15 Q I'm not asking to do you that, sir; what I'm asking
16 you is something else.
17 When bills are considered, whether it's in City
18 Council in New York or in Albany or Congress, the legislative
19 intent, which usually goes in the legislative packet, helps
20 advises a third branch of government, in this case Justice
21 Minardo, as to why the legislature chose a certain policy
22 position, and the policy position, whether it's from a Local
23 Council or a State Assembly or National Congress, is based
24 upon public matters, not political matters. And here, the
25 Chairman of the Immigration Committee stated -- and City
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1 Council, as well -- stated publicly to the public at large,
2 to the fourth estate, that he was building in a fail safe
3 mechanism, that if perhaps the next administration in
4 Washington was across the aisle -- I'm a Democrat -- for me
5 it's across the aisle -- that therefore, he was putting in a
6 fail safe self-destruct mechanism. I'm asking you is this
7 proper policy?
8 A This legislation was enacted in 2015, January --
9 early January of 2015, that's two years --
10 MS. MILLER: 2014?
11 A That's two years prior to the 2016 presidential
12 election.
13 MR. BATRA: Surely, it was not intended, your
14 Honor, it's like a cyanide pill that we give our agents,
15 saying if something happens use it.
16 THE COURT: I don't know about that.
17 Q So, would I be correct in comprehending that as far
18 as the NYPD is concerned, you prefer more information than
19 less?
21 Q I'm not asking a political question, I'm asking a
22 purely law enforcement question.
23 A So, I would --
25 A I would say that question has been asked and
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1 answered here today.
2 Q In the affirmative?
3 A We looked at this, and the broader implications,
4 and balancing the potential implications on identity theft
5 against the potential implications of criminal activity and
6 fraud, and we said we'd probably need two years to assess
7 that -- which is my recollection of those discussions -- that
8 is how we came up with the two-year pilot program --
9 Q That's not my question.
10 A for document retention.
11 THE COURT: Well, let me tell you, that's good,
12 that's good. We are going to get out of that. Sir, I
13 think we're done with this witness, please. You've
14 examination of the Commissioner has been kind of up and
15 down on the issues that he's familiar with in the police
16 department. Let's move on to the Petitioners, please.
17 Thank you.
19 THE COURT: Okay. All right.
20 MS. MILLER: I was just discussing we want
21 to ask some follow-up questions. Could we have another
22 shot at that?
23 THE COURT: You need to ask a follow-up
24 question?
25 MS. MILLER: I was thinking about one; it's
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1 your call.
3 THE WITNESS: Thank you, your Honor.
4 THE COURT: It was nice to see you.
5 Take couple minutes, we will go on to the
6 Petitioners, we are very anxious to hear from them.
7 MS. MILLER : Thank you.
8 (Whereupon, a recess is taken.)
9 COURT CLERK: Order.
10 THE COURT: Please be seated, Everyone.
11 Petitioners -- which one of the petitioners would you
12 like to testify first, Mr. Alfano?
13 MR. ALFANO: Mr. Castorina will be testifying
14 first.
15 COURT CLERK: Please. Remain standing, face
16 the clerk.
17 R 0 N A L D c A s T 0 R I N A, called as a witness, having
18 been first duly sworn, was examined and testifies as follows:
19 COURT CLERK: You can lower your hand. Have a
20 seat, please. State your name and business address.
21 THE WITNESS: Ronald Castorina, Jr. 7001 Amboy
22 Road, Suite 202, Staten Island New York 10307.
23 THE COURT: Mr. Castorina, are you member of
24 the New York State Assembly.
25 THE WITNESS: Yes, I am.
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Castor ina The Court
1 THE COURT: Are you the Petitioner in this
2 matter?
3 THE WITNESS: Yes, I am.
4 THE COURT: Will you please tell us what the
5 purpose of this petition is?
6 THE WITNESS: Well, your Honor, as a member of
7 the legislature and as a citizen, I became concerned
8 about the safety and security of not only our citizenry,
9 my constituents, but also the safety and security of
10 banking in New York State. When, on the Friday before
11 Labor Day, 2016, the New York State Superintendent of
12 Department of Financial Services indicated in a one-page
13 letter that the New York City Municipal ID card could be
14 utilized for the purpose of opening bank accounts .
15 I became concerned about that because Ive felt
16 and believed in the past that the card had some scant
17 vetting requirements, and that the opportunity for
18 fraudulent activity was present.
19 However, it became a state issue once the
20 Department of Financial Services, Superintendent for the
21 State of New York, indicated"that that card could be
22 utilized in conjunction with the opening up of bank
23 accounts. So I surmised that not only would there been
24 the potential of fraud in the appropriation of the ID
25 card, but now one who engaged in that fraudulent activity
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1 could also engage in finance with that card.
2 So, I decided to engage in a FOIL request for
3 certain information concerning to the card, and the
4 background documentation of the card.
5 THE COURT: When did you make the FOIL request
6 and to whom did you make it?
7 THE WITNESS: The FOIL request was made to HRA,
8 it was done in some time in November after I had --
9 THE COURT: November of what year?
10 THE WITNESS: Of 2016. After I had
11 corresponded several times with the superintendent of the
12 Department of Financial services, who failed to respond
13 to any of my correspondence, at that time, I was
14 compelled to obtain the information as I am preparing or
15 the new session, which began yesterday in the State
16 Assembly, to bring forth legislation regarding the
17 utilization of the municipal ID cards, not only here in
18 New York City, but throughout the State, and I deemed it
19 appropriate, as a member of the New York State Banking
20 Committee for the State Assembly, that this information
21 would be perhaps quite useful in determining, going
22 forward, as to how the state ought to move forward on
23 municipal IDs, which seems to be popping up throughout
24 the country.
25 THE COURT: Whom did you FOIL? First of all,
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1 did you have a written request?
2 THE WITNESS: Yes, a written request was made,
3 your Honor.
4 THE COURT: For what information? From a
5 particular person?
6 THE WITNESS: No, your Honor, I do not have any
7 interest in the names of the people who happen to have
8 the New York City Municipal ID card. What I'm concerned
9 about is the background information, not what appears on
10 an application; what appears on an application is exactly
11 the same information that appears on the face of the
12 card. What I am concerned about is the voracity and the
13 legitimacy of the documentation that is utilized for
14 purposes of appropriating the ID.
15 For instance, the program does allow for the
16 utilization of expired Visas; Visas that are unreadable
17 from a variety of different countries. That has a very
18 high likelihood of counterfeit ability, as well as fraud.
19 That's just one example.
20 I believe that there should be a provision in
21 law and as a legislature; that is something that I plan
22 on doing, bringing a law forward that will prevent the
23 utilization of foreign expired documents that are
24 unreadable for the purposes of appropriating municipal
25 IDs and I believe that that is my prerogative as a member
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1 of the New York State Legislature.
2 THE COURT: You have a right to propose any
3 kind of legislation you choose, and you intend to do so,
4 but as you heard testimony throughout this day about the
5 precautions that are taken when a person applies for one
6 of these cards, the information that they do provide, the
7 vetting process that takes place, you've heard all of
8 that, so how does that meet with your concerns? I mean,
9 you've heard what HRA does with respect to vetting the
10 information that's provided by the applicants?
11 THE WITNESS: Based upon my observations and
12 based upon federal standards, based upon the standards
13 that are promulgated by the State of New York with
14 respect to the New York State DMV for driver licenses and
15 non-driver IDs, I deem in my capacity, the vetting
16 process that is utilized HRA to be deficient, and as
17 such, I believe it's my obligation, my capacity, to move
18 forward with a law to make sure that we can safeguard the
19 situation.
20 I'm not looking to dismantle the IDNYC Program.
21 I believe that it has quite a bit of value, I certainly
22 do, but I think that what is paramount is the safety and
23 the security of our citizenry, and the fact that American
24 blood is at stake here is something that is very, very
25 personal to me as a legislator and as a citizen of the
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1 United States.
2 THE COURT: Well, you 1 ve . heard the Deputy
3 Commissioner Miller just testify that the police
4 department was consulted when they passed in legislation,
5 when they proposed it, put it together, and ultimately
6 came to be -- they put in a form of a bill which passed a
7 body City Council, signed by the Mayor. You 1 ve heard
8 his testimony that the police department had input to
9 protect against fraud, criminality, so forth and so on.
10 You 1 ve heard what he said, he said that they were
11 satisfied with the retention well, again, you 1 re more
12 concerned with the retention of documents, are you not?
13 THE WITNESS: Yes, I am, your Honor.
14 THE COURT: You 1 ve heard his testimony
15 THE WITNESS: Yes, I 1 m concerned
16 THE COURT: Excuse me -- about the retention
17 documents, the two-year period was first -- in the
18 legislation, it was sort of a test period, and the
19 immediate destruction which the City proposes to do --
20 met with the approval of the police department.
21 THE WITNESS: What I heard, your Honor, was
22 political mumble jumble. Let me clarify, I 1 ve never
23 considered myself a politician, although I 1 m an elected
24 official
25 THE COURT: You are not a politician?
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1 THE WITNESS: No, I'm an elected official.
2 I've heard from politicians who just testified here. I
3 heard from the Deputy Commissioner, who indicated that
4 he's got concerns as to whether the City can maintain
5 data, whether the city can m~int~in idcntific~tion
6 materials. I have real concerns as to that notion.
7 Maybe we should be getting rid of the data
8 that's stored with the Department of Social Security.
9 Maybe we should get rid of the information that is stored
10 by the Department of Education. Maybe we should get rid
11 of all the documentation that's maintained by any agency
12 in City of New York. That's hog wash. It doesn't make
13 sense. We need to prevent the documentation from being
14 destroyed because we have a specific governmental purpose
15 for the utilization of this information. There are a
16 variety of them, particularly, the legislative branch,
17 particularly, the judicial branch. There are judicial
18 subpoenas that have been issued, they will not be able to
19 be complied with in the future. There has been a
20 demonstrable methodology, by which the Court's -- not
21 only in this jurisdiction, but in others -- have utilized
22 subpoenas to obtain these records. They will no longer
23 be able to do that, your Honor. You know, the judicial
24 branch, not only here but all over the country will no
25 longer be able to obtain that information, which they
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1 seek and think is important.
2 So, there are so many different ways and means
3 that fraud can be perpetrated here, and it's incumbent
4 upon us to make sure that the records are maintained.
5 Those records don't appear on the application
6 face. The application face does not say that the
7 following documents were utilized to vet this
8 application. It appears no where.
9 I will also add that it doesn't indicate on the
10 face of the application, the immigration status for an
11 individual, that's not key here, that's not the issue.
12 The issue is whether or not the voracity and legitimacy
13 of the underlying documentation is such that rises to the
14 level that an identification card with a government logo
15 carrying the full faith and credit of government, with a
16 government seal, can be issued on the basis of that
17 format.
18 THE COURT: That card is valid in the City of
19 N~w York, the State of New York. Any other city
20 throughout the state doesn't have to give any credibility
21 to that card, it's only relevant within the City of New
22 York, so the rest of the state can totally ignore nor
23 this photo, this New York City ID, for whatever purposes
24 it's intended. You can't use it to get a New York State
25 driver's license. The Department of Motor Vehicles
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1 requires other forms. They 1 re not going to -- I don 1 t
2 believe that they are going to be honoring a New York
3 City ID card as one of the documents they would allow you
4 to get a driver 1 s license or a non-drivers ID with.
5 Isn 1 t that correct? The State of New York doesn 1 t have
6 to accept this card under any circumstances?
7 THE WITNESS: That is correct, your Honor,
8 however the ID card looks very, very similar to the New
9 York State driver 1 s license; it is almost identical.
10 THE COURT: So you think it could be confused
11 with -- is it possible that it may be confused
12 THE WITNESS: Absolutely. There is no
13 indication on the card that it -- there is no bright
14 lettering indicating that the card can 1 t be used to fly,
15 can 1 t be used to buy alcohol. There is no -- there is no
16 designation on the face of the card -- you would have to
17 know the law. You would have to know the statute to make
18 that determination.
19 So a clerk in a liquor store who, maybe perhaps
20 doesn 1 t, know about the
21 THE COURT: Or outside the City of New York?
22 THE WITNESS: Outside the City of New York, or
23 within the City of New York, for that matter, could look
24 at the card for face value and engage in commerce based
25 on that card.
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1 So, one of the issues that I've been
2 considering with my colleagues is the fact that there
3 should be some type of lettering or denotation on the
4 card, indicating that the card is not to be used for
5 certain things.
6 That would be an interest that I have as a
7 legislator moving forward, to make sure that that card is
8 not used for any other purpose other than what it is
9 designated for.
10 But your Honor, the fact is and remains, that
11 somebody who wants to engage in terrorism can utilize
12 this card to obtain identification and then engage in the
13 finance of terror; that's why this is so important.
14 This issue - - and I've heard some chuckling
15 today in the back of the courtroom from some folks --
16 this is a serious issue, this issue involves the blood of
17 Americans.
18 THE COURT: Okay. Any questions by the City?
19 MR. BATRA: I think Jeff wants to question him.
20 MS. MILLER: You want me to go first?
21 THE COURT: We have been following that
22 routine, but we can reverse it. Go ahead. It's your
23 witness, correct? Go ahead.
25 BY MR. ALFANO:
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Castorina Direct/ Alfano
1 Q Mr. Castorina, am I correct in assuming that you
2 don't want to take away this card, this ID card?
3 A No. Listen, this card is a big help to certain
4 segments of our population, particularly, the homeless,
5 particularly, those who are transgender and others. This is
6 a card that has value to them, and it should help them, and
7 they should utilize this card to obtain services throughout
8 the City. I think it's a good thing. And I certainly
9 commend the City for its interest in helping those segments
10 of population of our society. We should be doing those
11 things. But the safety and the security of our citizenry is
12 paramount to anything else.
13 You know, counsel said before that terrorism is a
14 zero sum game, it truly is. And you know, the Deputy
15 Commissioner testified as to there only being a few cases
16 here or a few cases there. The reality is that it only takes
17 one 9-1-1. It only takes one Berlin bomber. We cannot
18 countenance the value of safety and security over the notion
19 of the privacy of certain segments of our population.
20 Q Under the sum zero format, can you articulate for
21 us how that card would be used by terrorists in order to
22 perpetrate some horrendous act? In your mind, how would this
23 card be instrumental by a terrorist in perpetrating some
24 act some violent act?
25 A Okay. Well, the point system that has been created
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Castor ina Direct/ Alfano
1 is quite scant and, in fact, if you utilized all of the lower
2 value numbers, you can still come up with a value that is
3 acceptable to get the identification card.
4 Particularly, you only need -- to satisfy the
5 residency requirement, you need only stay in a homeless
6 shelter for a period of 15 days or more, and provide a letter
7 from the homeless shelter. So that residency requirement
8 portion, that's been satisfied.
9 As far as the identification issue, you can use a
10 lease, you can use medical records, you can use records or
11 documents that were not ever vetted by the government, and
12 that combination can create the ability for you to obtain the
13 ID, and once you have the ID, perhaps with alias, with a
14 different name, you now have a different name and, perhaps,
15 the same photograph, because they're taking the picture of
16 you. So you have an alias, you have a photo ID with an
17 alias, and now you have the ability to go to a bank in New
18 York and obtain a bank account, and the sky is the limit.
19 You can engage in the finance of terror, you can engage in
20 wire transfers. Any means that you can contemplate or
21 conceive of the utilization of our financial services in New
22 York, you can utilize going forward in a particular act.
23 THE COURT: Did you hear the Deputy
24 Commissioner say that we welcome terrorists to open a
25 bank account and once more make themselves public? They
)
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Castor ina Direct/ Alfano
1 will be photographed at the bank. At the bank, you have
2 to give certain information. He said, we would welcome
3 terrorists to open bank accounts, and apparently,
4 terrorists aren't prone to be opening bank accounts in
s nrrlPr ~n fnAtPr thPir a~tivi~y?
6 THE WITNESS: Judge, I found that to be
7 outrageously disingenuous.
8 THE COURT: The statement?
9 THE WITNESS: I will tell you why. What
10 terrorist is going to open up a -- is going to get a New
11 York City Municipal Card in their own name? What
12 terrorist is going to open a bank account in their own
13 name? Clearly, they would have conducted a fraudulent
14 act in obtaining the card in the first place. That is an
15 outrageous statement by the Deputy Commissioner and I
16 absolutely think it's just not to be believed.
17 THE COURT: Go ahead, Mr. Alfano.
18 BY MR. ALFANO:
19 Q Do you have any reason to believe that it's
20 possible to purchase fraudulent documents?
21 A Yes; as a matter of fact, there may have been quite
22 a few investigative reports conducted by various news
23 agencies, as recently this weekend, there was a piece on 60
24 Minutes that I saw, I believe, to be true, it was a piece
25 which showed that you can go to certain countries, and for a
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Castor ina Direct/Alfano
1 fee, you can get a passport. You can get a Visa. You can
2 get these documents wholesale. You can purchase them.
3 Q To the best of knowledge, were the 9-1-1 hijackers
4 ever photographed?
5 A Yes, they were.
7 THE COURT: No, I want to hear this. Go ahead.
8 A In fact, one of the things that I've been speaking
9 about on this issue is with respect to the 9-1-1 Commission
10 Report. In fact, all of the 9-1-1 hijackers had obtained in
11 some way shape or form, government level identification.
12 In fact, if a terrorist act were to be conducted or
13 committed, we would need to do investigative work with
14 respect to the background documents, how was this ID
15 appropriated? If the law goes forward the way it is, those
16 documents will never exist. We will -- we will lose our
17 ability to investigate appropriately. How the individual
18 perpetrated the crime, got the ID and perhaps -- and perhaps,
19 spoil the opportunity to get other terrorists.
20 Q At the same time -- and I think we can leave
21 this -- but to the 9-1-1 victims' family, like my family
22 THE COURT: No, I'm not going to take this,
23 please.
24 Q How much are we supposed to -- how much reasonable
25 room for doubt should we accept?
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1 A This is a zero sum game. As I testified, it only
2 takes one act. We need to provide more security, not less.
3 This should at least be up to the standard that the State has
4 maintained with respect to the New York State DMV, not less.
s We should not be countenance with the safety and security of
6 our citizens so that we can politically gain in other areas,
7 and that is what this is. This is a political act and it's
8 ideology over security, it's agenda over security, and that
9 is why I am fighting for this.
10 MR. ALFANO: I have no further questions.
13 BY MS. MILLER:
14 Q You referred to Commissioner Miller -- Deputy
15 Commissioner Miller's testimony as being -- excuse me --
16 political mumble jumble; I think is what you said?
17 A I didn't say it as sly as you, but yes, I did --
18 yes, I did.
19 Q And you are referring specifically to his comments
20 that retaining information of a private nature on other
21 private people, subjects them to the possibility of identity
22 theft? Remember he said that?
23 A No, I don't. That wasn't part of his testimony. I
24 think you're mistaken.
25 Q Let me ask you -- you remember him saying that
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Castor ina Cross/Miller
1 though, right? That was one of the reasons?
2 A I remember him saying what?
3 Q Let me start again for you.
4 A Please.
5 Q One of the factors to be considered in not
6 retaining this information of private individuals, right, is
7 that?
8 THE COURT: What information are we talking
9 about?
10 MS. MILLER: Back up information.
11 THE COURT: The back up information to support
12 the application?
13 MS. MILLER: Yes.
14 Q One of the reasons for not retaining -- right, by
15 retaining that back up information of private documents of
16 private individuals, right, is that it opens the possibility
17 of identity theft. Remember him testifying about that?
18 A You mean when he said that the City could be
19 hacked?
20 Q Yes.
21 A Oh, you mean that, yes. I thought that to be
22 ridiculous.
23 THE COURT: Why? The City can 1 t be hacked?
24 THE WITNESS: I think the City should be
25 engaging in measures to prevent hacking. By the way, the
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1 City has many more records than the NYCID program. They
2 have tax records, they have so many other records, it's
3 ridiculous listening to him say that.
4 Q Well, you sponsored a bill recently concerning
5 individuals who release personal identifying information
6 should be subject to a felony; remember that bill?
7 A Go ahead. Go through the bill, what's the name of
8 the bill?
9 Q An Act to Amend the Penal Law in relation to
10 Unauthorized Release of Personal Data.
11 You sponsored that, right?
12 A No, I've not been a sponsor of that bill.
13 MS. MILLER: May I approach and show the
14 witness?
15 (Handing.)
16 Q This document that I have --
17 THE COURT: This is being used to refresh your
18 recollection. Take a look at it Assemblyman.
19 Q Is that not you?
20 A Well, I have a not sponsored this session, I don't
21 know when you are talking about. You talking about now?
22 Q How long have you been Assemblyman?
23 A I have been Assemblyman since April of 2016.
24 Q Okay. So since you've been Assemblyman, did you
25 not sponsor that bill?
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1 A Yes.
2 Q And the justification for that bill -- and you were
3 the sponsor of that bill -- releasing personal identifying
4 information to the public is a, quote, a very serious matter?
5 A That's right.
6 Q Particularly, with the advent of the internet and
7 other technological advances, it is easier than ever for
8 copious amounts of people to review information quickly?
9 A Uh-huh.
10 Q Disseminating personal identifying information
11 disseminating personal identifying information creates a
12 wide-spread opportunity for identity theft. The crime is
13 devastating. Financial consequences have been on the rise in
14 recent years.
15 Right? That was the justification for that bill?
16 A That's right.
17 Q Okay, and so, am I correct then that you agree --
18 I'm sorry, withdrawn.
19 So, the Deputy Commissioner Miller is correct when
20 he says this is a concern, that by keeping private personal
21 information on file, the files can be potentially hacked and
22 now you have identity theft of individuals, which is a very
23 serious matter -- as you said, it's a very serious matter?
24 A It certainly is.
25 Q So we are in agreement that there is a risk if you
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1 keep private personal information on people?
2 A Well --
3 Q The risk that we have to --
4 A That risk should not be heightened by government,
5 it should be mitigated by government and, in fact, the
6 documentation --
7 Q Is it one way to mitigate?
8 THE COURT: Hold on. Let him finish?
9 A The documents that I requested, I certainly believe
10 would be heavily redacted.
11 THE COURT: Which information are you -- your
12 FOIL requests?
14 A The FOIL request information that I talked about in
15 this bill, I certainly believe would be redacted by the
16 agency under FOIL, and I would be able to get at least the
17 very basic components of what those documents are.
18 I need to know how many foreign expired Visas are
19 being utilized in this program. I need to know how many
20 unreadable passports are being utilized in this program; that
21 is not asking for personal information, and it certainly is
22 congruous with the law that I've sponsored.
23 And I hope that you could get some of my other
24 colleagues on the Democrat side of the aisle to come and
25 support this bill. I think it's a good bill.
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1 Q Is it still on the table?
2 A We just started session yesterday. I haven 1 t
3 gotten a chance to bring it to the clerk 1 s office, but I
4 will.
5 Q One way that the government can mitigate -- you
6 said the government should be mitigating -- is to destroy
7 those documents?
8 A That is not mitigating, that is forfeiting their
9 obligation. You see mitigating means that they should have
10 security features installed to make sure that hackers can 1 t
11 get into the system, but still preserve those documents so
12 that people like me in the legislature, people like Judge
13 Minardo in judiciary, can access these documents when
14 necessary.
15 Q So going back to the legislature, naturally, as a
16 legislator, if you have enough votes, you could create some
17 sort of bill, as counsel said, to trump whatever the City is
18 doing, right?
19 A I don 1 t know if that works the way you just said,
20 but normally what would happen is --
21 Q I 1 m just quoting your --
22 A Normally, what would happen is, uhm, a bill would
23 be introduced and then certainly, there would be interest
24 by -- conceivably by the members, and then it would go into
25 committee, and that committee would then bring it into ways
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1 and means, and then would it come to the floor for a vote
2 ultimately.
3 Q All right. Well -- so since you are not a
4 politician, you understand that pretty well?
5 A Is that a dig? I am not sure what youre trying to
6 say. If youd like to go back to that, I can tell you what I
7 meant by that.
8 THE COURT: We are not going to get involved in
9 that stuff, please.
10 Q What I was getting at simply, as pointed out here
11 is, there are three branches of judicial legislature. As far
12 as I know, if you want to change a bill, something thats
13 been passed, such as the City, the City bill, the New York
14 City bill that we are talking about, you as Assemblyman could
15 go and create, draft, sponsor, some other bill, that could
16 somehow trump what the City is doing; you go could do that?
17 A Sure, but it doesnt happen ex --
18 Q Well --
19 A it happens with some investigations, and it
20 happens with the appropriation of information; information is
21 what HRA is currently housing, and that is what I seek to
22 obtain.
23 Q Well, so then, if you have in place a law that
24 weve heard testimony -- withdrawn.
25 The law in place right now with the City speaks to
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1 retention and destruction of documents, right? You heard the
2 testimony about that, right?
3 A Yes.
4 Q Okay. And what you're asking this Court to do
5 would be to actually change that law, right?
6 A No, I am asking -- actually, after you've read the
7 petition, you'll see that the Article that was brought asked
8 for two forms of relief. The first form of relief is known
9 as a Writ of Prohibition, and that Writ of Prohibition is a
10 writ that would prohibit the Mayor from engaging in the
11 destruction or the City from engaging in the destruction of
12 this information as violative of FOIL, as well as --
13 Q You would
14 A With Congress, State Statute --
15 Q You would --
16 A Can I finish my answer. Thank you.
17 The second form of relief is a declaratory
18 judgment, the declaratory judgment, which I believe is -- to
19 my understanding -- is that that is a matter that would still
20 be pending. We may be entitled to have Council member
21 Menchaca come in and others testify as to that form of
22 relief.
23 Q Okay. But my question was really more along the
24 lines that you certainly are not asking this Judge to change
25 the law, right?
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1 A No.
2 Q You referred to other things, but you are not
3 asking him to rewrite or change the law?
4 MR. BATRA: Objection, your Honor, he is here
5 as a witness, not to argue law.
6 THE COURT: Hold on. The objection is
7 sustained. I can declare a law unconstitutional, I
8 cannot change a law. As such, I either get rid of it or
9 retain it.
11 Q And with respect to -- with respect to your FOIL
12 request, some of --
13 A Which on?
14 Q The FOIL request that your Honor was asking you
15 about.
16 A I've made several, and they were denied in warp
17 speed, amazingly; and my ability to appeal that FOIL request
18 was denied by the City in warp speed, it was so amazing.
19 Q Can we stick to my question .
20 A Sure. What is that question?
21 THE COURT: Hold on, we are not going to have a
22 dialogue, please. Okay, let's ask a question and you
23 give an answer. I don't want any kind of dialogue.
24 Thank you.
25 Q You made FOIL request in December of 2016?
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1 A I made one in November, as well.
2 Q Okay. One in November and one in December, right,
3 and both of them were asking for the underlying documents
4 related to New York City ID applications, right?
5 A No, that's not exactly correct. The first one was.
6 The second one -- and if perhaps Counsel can refresh my
7 recollection -- requested other information.
8 Q Let me --
9 A I don't recall specifically.
10 Q Let me ask you a question.
11 A I don't want to mistake it under oath.
12 Q Let me make it easy for you.
13 A The question wasn't difficult.
14 Q In either or both of your FOIL requests, you asked
15 at least for the underlying documents that were provided to
16 demonstrate identity and residency, with respect to an
17 application for a New York City ID, true?
18 A Not true, not specifically.
19 Q You didn't ask for those documents?
20 A Can I answer?
21 Q I am just asking, did you ask for those documents
22 or not?
23 A I asked for --
24 MR. BATRA: Objection, your Honor.
25 THE COURT: Hold on. We are not going to have
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1 a dialogue.
2 MR. BATRA: Could the witness be shown the
3 request, the FOIL request, so we can clarify that.
4 THE COURT: Do you have the FOIL request?
5 MR. BATRA: Yes, your Honor, it's right here.
6 I am looking at Exhibit F of the petition.
7 THE COURT: Counsel, do you have a copy? Show
8 it to him to refresh his recollection. Do you have it,
9 Ms. Miller?
10 MS. MILLER: I do, your Honor.
11 THE COURT: That is the FOIL request, okay.
12 MR. BATRA: It's part of the petition, so it's
13 already
14 THE COURT: It's already in the record. Show
15 it to the witness, please.
16 MR. BATRA: Let me give it to the Judge.
17 (Handing.)
18 THE WITNESS: This is the second one, the
19 witnesss want to have both.
20 THE COURT: Officer.
21 (Handing.)
22 MR. BATRA: That's dated December 17, 2016.
23 THE COURT: Sir, you have the FOIL requests?
25 THE COURT: Do you recognize it?
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1 THE WITNESS: I recognize the both of them,
2 yes.
4 Q So in either or both of those, did you ask at least
5 in part for the underlying documents to support residency and
6 identity of individuals applying for New York City ID?
7 A I simply requested all scanned application
8 materials associated with the IDNYC application --
9 Q Okay. So --
10 A -- maintained by HRA, and any other city agency.
11 Q This digital format and scanned material that you
12 were looking for included, did they not, the underlying
13 documents that supported one's application as to -- with
14 respect to the residency and identification --
15 MR. ALFANO: Objection, your Honor.
16 Q I mean, isn't that why we are?
18 A I would presume so; however, redacted as any FOIL
19 request typically is. I have made .them many times in my
20 career as an attorney and certainly, as a private citizen,
21 certainly, they come in redacted format.
22 Q I am asking, did you make that request or not?
23 A Yes.
24 MR. BATRA: Objection; asked and answered.
25 THE COURT: He said yes.
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1 MR. BATRA: I thought he answered that.
2 Q Okay. You realize, of course, that certain
3 individuals -- I'm sorry, withdrawn.
4 What area do you represent, what area?
5 A I represent the 62nd Assembly District of Staten
6 Island, which goes from Tottenville to Todt Hill.
7 Q Okay. And in the area or district that you
8 represent, the area that you represent, are there individuals
9 that have not applied for the New York City ID?
10 A I don't know, because my FOIL request was denied.
11 Q You have no idea if anybody in the area that you
12 represent has applied for this?
13 A I don't know for sure, because my FOIL request
14 THE COURT: Do you know if anybody applied for
15 an NYCID card?
16 THE WITNESS: I can speculate, yes, but I don't
17 know for sure.
18 THE COURT: You don't know for sure?
19 THE WITNESS: I don't know.
20 THE COURT: Do you have one?
21 THE WITNESS: I do not.
22 Q So you don't have one, so you haven't actually gone
23 through the process of applying for an ID, right, a New York
24 City Identification.
25 A Uhm, no, I don't have one.
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1 Q So you didn't go through the process?
2 THE COURT: Did you apply for one?
3 THE WITNESS: I never applied for one.
4 Q So you've never went down to any of the -- one of
5 the sites
6 MR. BATRA: Objection; argumentative.
7 THE COURT: Please. Thank you. Go ahead.
8 Q You never went down to one of the sites and tried
9 to get a New York City ID, right?
10 A That's correct.
11 Q Do you know where the sites are?
12 A Uhm, I believe
13 Q For your area?
14 A Yes, I believe there is one in mid --
15 MR. BATRA: Objection, with respect to this
16 proceeding --
18 A I believe there is a site in midtown.
19 Q Do you know if there is a site in the area that you
20 represent?
21 A I don't believe that there is.
22 Q Do you have any idea one way or another?
23 A I don't believe there is -- as a matter of fact,
24 there is yes, there is one in St. George, I think, as the
25 forgotten borough, we probably only have that one site.
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1 THE COURT: The editorialized remark is not
2 necessary. Okay.
3 Q To be clear, though, you have never gone to a site,
4 whether in Staten Island or any
5 THE COURT: Asked and answered. He said he
6 never did, please.
7 Q So you never actually presented any sort of
8 identification, right, one way or another?
9 MR. BATRA: Objection; asked and answered.
10 THE COURT: Okay. Answer it.
11 Q You haven't, right?
12 A I never applied.
13 Q Okay. And so you never supplied any back up
14 information because you never applied?
15 A Because I never applied --
16 Q And the fact that -- sorry, withdrawn.
17 You testified earlier, that expired unreadable
18 passports could be used in order to obtain a New York City
19 ID?
20 A I testified unreadable and expired foreign Visas.
21 Q You said that that is something that can be used - -
22 A That's correct, is it not?
23 Q And furthermore excuse me. To be clear, I am
24 going back to the second -- to the FOIL request, the FOIL
25 requests, you probably know and I think you said, you as
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1 an attorney have, but they can be made by anybody, right?
2 Private individual? Anybody?
3 A That's correct.
4 Q And the purpose of a FOIL request is so that you,
5 me, obviously, so that private people can see what the
6 government is up to; is that a fair statement?
7 A Uhm, I believe it has something to do with
8 transparency in government, yes.
9 Q So, private people can go get a New York City ID
10 with private information, right?
11 A And that is why FOIL records are typically
12 redacted, and you --
13 Q Excuse me, you made your FOIL request as a private
14 person or an Assemblyman?
15 A On the form that is provided for, on the bottom,
16 there is a box and I didn't mark that box.
17 Q Were you applying as a private citizen or
18 Assemblyman?
19 A I am both private citizen and Assemblyman, whether
20 I am in the halls of the Capital or the halls of Costco.
21 Q Okay. So then you, either as a private person or a
22 government person, are trying to FOIL private information on
23 other private people?
24 MR. ALFANO: Objection.
25 Q Isn't that what you're doing?
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1 A I'm trying to obtain information regarding the
2 underlying documentation that was utilized to provide the
3 IDNYC card.
4 Q Which may be a private document, a birth
5 certificate --
6 A Can I finish my answer?
7 With the expectation that the private information
8 would, in fact, be redacted because I do not seek that
9 private information. It is not my business. I'm not
10 interested in it. I am, however, interested in the
11 underlying documents, what is being used, why is it being
12 used. How many of these particular documents or the other is
13 being used. And I believe it is within my prerogative to
14 obtain that information.
15 Q Okay. Let's hold off on the redaction piece just
16 one second.
17 A I think this is important, with all due respect --
18 THE COURT: With all due respect, you are not
19 going to dictate what questions are going to be asked.
20 Please, relax. Now, go ahead.
21 THE WITNESS: This is relaxed, Judge, you
22 should see --
23 THE COURT: You want to have the last
24 statement? You want to make the last statement? I don't
25 think so.
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1 Go ahead. Thank you.
2 Q Putting aside the redactions for one second, you
3 are seeking as a private individual and as a government
4 official, private documents on private people, right?
5 MR. BATRA: I thought this was asked and
6 answered.
7 THE COURT: Asked and answered.
8 Q And some of those --
9 THE COURT: He said he's seeking the documents,
10 all he wants is the documents, he doesn't want the
11 private information that is on the documents, he expects
12 it is going to be redacted.
13 MS. MILLER: Okay, I will get to that in a
14 minute.
15 THE COURT: Okay.
16 Q Some of those individuals you would be seeking
17 information on, are potentially constituents of yours that
18 applied for New York City ID, true?
19 A Perhaps, if they had applied for and obtained ID
20 cards, sure.
21 Q Yeah?
22 A Perhaps, sure.
23 Q Okay. And now let's turn it over to the redaction
24 piece. You say that you want to redact -- you want to redact
25 it heavily, right?
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1 A I don't want to redact it heavily, I said I would
2 assume that it would be redacted to the extent that it marked
3 off or blanked out the type of personal, private information
4 that is restricted by law from being provided to private
5 citizens.
6 Q Well, you realize of course that -- I'm sorry,
7 withdrawn.
8 The documents we are talking about run from January
9 of 2015 up until December 7, 2016i is that your understanding
10 of that or you have no understanding?
11 A From the beginning of the program?
12 Q Right.
13 A Until the time of the FOIL request?
14 Q And those documents would be millions of pieces of
15 paperi true?
16 A Well, I didn't request it in paper form, I
17 requested it in digital form, so it wouldn't be as voluminous
18 as you indicate.
19 Q But they would have to be redacted as you
20 indicated?
21 A Perhaps, right.
22 Q In order to do that, there would have to be some
23 way of going through millions of pieces of paper and making
24 sure everything is redacted so nobody's identity is revealed.
25 A It is my understanding --
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Exhibit L-6
176
1 Q Is that true?
2 A it is my understanding that there are computer
3 programs and software that engage in that redacting, so
4 scribes don't have to do it one at a time.
5 THE COURT: We've now exhausted this topic,
6 please move on if you have anything else on another
7 topic.
8 MS. MILLER: Actually, I probably don't.
9 THE COURT: Good.
10 MR. BATRA: Five minutes?
11 THE COURT: No, you have already had your
12 opportunity.
13 MR. BATRA: I am saying for redirect?
14 THE COURT: No, I don't want any redirect,
15 you're done.
17 THE COURT: Do we have another witness?
18 MR. BATRA: Yes, your Honor.
19 The Petitioners call Assemblywoman Nicole
20 Malliotakis.
21 THE COURT: Counsel, is she going to need this?
22 MR. BATRA: Yes, please.
23 N I C 0 L E MA L L I 0 T A K I s, called as a witness,
24 having been first duly sworn, was examined and testifies as
25 follows:
)
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Malliotakis The Court
1 COURT CLERK: You can have a seat. Please
2 state your name and business address.
3 THE WITNESS: Nicole Malliotakis. I'll spell
4 that for you, M-A-L-L-I-0-T-A-K-I-S.
5 COURT CLERK: Address?
6 THE WITNESS: One Maplewood Place, Staten
7 Island, New York 10306.
8 THE COURT: Ms. Malliotakis, are you a member
9 of the New York State Assembly?
11 THE COURT: And are you a petitioner in this
12 matter?
14 THE COURT: Will you please tell us the basis
15 of your petition concerning the matter before the Court?
16 THE WITNESS: Well, going back to the beginning
17 of when I first contacted the City strictly related to --
18 THE COURT: Why did you bring the petition, as
19 concisely and directly as you can; you're not a
20 government politician or government official --
21 THE WITNESS: I am; some call me both.
22 Back in 2015, when the law was first written
23 and approved --
24 THE COURT: Okay.
25 THE WITNESS: -- I read some comments in the
_)
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1 publications that were alarming to me that there was a
2 provision put in there that would destroy the documents
3 by the end of the 2016 year.
4 At this time, about February -- it was
5 February 18 actually of 2016, I wrote a letter to the
6 Mayor, the City Council Speaker and 29 sponsors of the
7 legislation, expressing my concerns about the documents
8 and at the same time, there were reports that there were
9 individuals that were using fake passports to infiltrate
10 countries as part of pretending to be refugees. So I had
11 written about my concerns, uhm, quoting the 9-1-1
12 Commission Report -- as my colleague said earlier -- the
13 9-1-1 Commission Report had said that governments should
14 be more strict when issuing any type of ID because all of
15 the 911 terrorists used some form of government
16 identification, mostly obtained by fraudulent means.
17 That is what Page 39 of the 911 Commission Report states.
18 So I had expressed general concern about the
19 well-being of my constituents and all the residents of
20 New York City and our nation, and this letter was
21 responded to approximately -- I did receive a response
22 three months later saying that they do follow similar --
23 the same protocols as that of the DMV.
24 Now, fast forward, though, we learned right
25 before Labor Day that the banking --
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1 THE COURT: Of the 2016?
2 THE WITNESS: Yes, 2016.
3 A We learned that the Superintendent of the State of
4 New York Financial Services said that this card can then be
5 used for opening up bank accounts, and so that raised an
6 additional concern, and at the same time, shortly after that
7 when the election took place, there were comments made by our
8 Mayor and the Council Speaker, that they were indeed going to
9 destroy these documents due to the political outcome of the
10 election.
11 So, we were very concerned that we were now going
12 to be allowing individuals to open up bank accounts using
13 this identification card. We had met with -- or I should say
14 we've spoken with -- in general, generally speaking, we've
15 spoken to people in law enforcement. We've spoken to people
16 in the banking community who shared concerns.
17 Our NYPD Sergeants Union President has strongly
18 said that he feels that this is something that is putting the
19 safety and security of our City and our country at risk.
20 He has said that he strongly urges that they did
21 not destroy these documents in case of April investigation.
22 THE COURT: This is the head of the Sergeants
23 Union?
24 THE WITNESS: Yes, yes; Ed Mullens.
25 THE COURT: Okay.
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1 A As well as receiving documentation and letters from
2 the New York Banker's Association that we've we obtained
3 and letters that were written to the Commissioner of
4 Immigration stating that they had concerns about banking.
5 Most recently, we had a conversation with the
6 Director the Security for Northfield Bank, stating that they
7 had a concern that they will not be accepting the
8 identification card because of the way the City is handling
9 the background documentation, they have concerns about using
10 expired documents.
11 THE COURT: Let's be perfectly clear about
12 that. The law itself says a City can seek to encourage
13 eligible persons to apply for the card and to expand the
14 benefits associated with the card, including at a
15 minimum, by promoting acceptance of the card by Banks,
16 and other public and private institutions? Clearly, they
17 are not mandating that banks accept these cards?
18 THE WITNESS: That's correct.
19 THE COURT: We do agree?
20 THE WITNESS: We agree, yes.
21 THE COURT: And you know that banks are
22 governed -- if they are federally chartered banks, they
23 are governed by rules of the Federal Government, and the
24 State chartered banks are governed by the rules of the
25 State of New York?
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1 THE WITNESS: Yes.
2 THE COURT: And the City of New York cannot
3 impose any measures on a State or Federally chartered
4 bank, right?
5 THE WITNESS: That is correct.
6 THE COURT: So a bank would have perfect right
7 to say we will not accept this card as a form of
8 identification for opening an account or transacting any
9 business, correct?
10 THE WITNESS: But they are encouraging banks --
11 THE COURT: They encourage a lot of people to
12 do a lot of things, right?
13 THE WITNESS: But they are encouraging the
14 banks to
15 THE COURT: Okay, but they are not mandating
16 them?
17 THE WITNESS: No, but that is one of the
18 reasons why we became concerned that the banks were
19 allowing I mean, the State -- the Superintendent is
20 allowing banks to do so. That is one of the reasons why
21 we became concerned.
22 THE COURT: Because you felt the State
23 Superintendent of Banking was permitting banks to do it?
25 THE COURT: But not requiring it?
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1 THE WITNESS: Not requiring it, but allowing
2 them to do so; but that in and of itself is something
3 that should be considered because as legislators, we
4 believe that we have a due diligence of protecting those
5 who we represent, the citizens of our City and our State,
6 and we think that it's important to obtain the documents
7 that we requested in the FOIL, so we are able to see
8 exactly what type of documents or being used or how many
9 of a certain type of document -- for example, an expired
10 foreign document or even an expired domestic document
11 is being used to obtain an identification card.
12 Since last month, I've become increasingly
13 concerned because of reports that we've been reading all
14 over the world -- all over the world, in Greece, uhm,
15 fake passport factories are being busted; in France, you
16 had an individual who used a deceased soldier's
17 identification, who was from Syria; he had his
18 identification, changed the photograph and was able to
19 enter Paris and become a taxi driver, but he was able to
20 fool French authorities with that ID. And these are
21 publications that are from respectable publications from
22 all over, from Dubai, from Cambodia. The CBC was
23 mentioned in -- 60 Minutes did another documentary,
24 specifically, about passports that are being obtained
25 illegitimately with large money, being purchased from
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1 cash starved nations, and being able to be used in ways
2 that they want. And this is our concern here. When you
3 are accepting expired foreign documents, there is an
4 increased potential for fraud, when you obtain a
5 legitimate government ID card, which would be the New
6 York City ID card, and then using it for nefarious acts,
7 that coupled with the banks being now allowed to accept
8 that card, we think is -- it causes concern.
9 THE COURT: You mean allowing the bank to
10 accept the card as a form identification and that card
11 may have been obtained by the use of a fraudulent
12 document or documents?
13 THE WITNESS: Yes. That would be a concern.
14 And we think it could open up a can of worms here in
15 terms of different acts. So money laundering, uhm, any
16 type of, maybe fraud -- funding of terrorism is an issue,
17 and I think that certainly as New York City, we should be
18 doing everything we can to keep our city safe, and we
19 should be doing everything we can to be transparent in
20 government. That has been one of my missions in the
21 State Assembly. Also I try to bring transparency to
22 government when our City government is looking to destroy
23 records. I think that is something that is
24 problematic -- not only problematic, but is against the
25 rules of law and against New York State law, as I see it.
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1 THE COURT: Which law is that?
2 THE WITNESS: The Freedom of Information Law,
3 and also Federal Law because there is something that's
4 being done here, I think that can be a federal, you know,
5 issue as well.
6 THE COURT: Have you attempted to FOIL any of
7 these documents?
8 THE WITNESS: Yes, I have.
9 THE COURT: You have?
10 THE WITNESS: Yes. I submitted a FOIL request
11 at the end of November, I believe, the date was
12 November 28 in which I requested all --
13 MR. BATRA: December 2, your Honor, by counsel,
14 of 2016.
15 THE WITNESS: -- which I requested all of the
16 background documents that were used to apply for an ID
17 card.
18 THE COURT: Did you get a reply?
19 THE WITNESS: No, it was rejected by the City
20 and so we clarified that we wanted all of the
21 documentation that was provided to the City in the
22 application of an ID card with the redaction of personal
23 information.
24 THE COURT: Mr. Alfano, do you have questions
25 of this witness?
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1 MR. BATRA: I do, your Honor.
4 BY MR. BATRA:
5 Q Ma 1 am, could you just give me a little background
6 about your ethnic roots?
7 A Uhm
8 THE COURT: I am not interested, please.
9 MR. BATRA: Okay.
10 Q Do you have -- in bringing this lawsuit, was there
11 any anti
12 THE COURT: All right. Tell us about your
13 ethic roots, are you born here in New York?
14 THE WITNESS: Yes, I 1 m born here in New York.
15 Q And your parents
16 A My mother was born in Cuba and my father was born
17 in Greece.
18 Q You don 1 t have any anti-immigrant bias, do you?
19 A No.
20 Q You mentioned in answer to the Court 1 s inquiry,
21 about the state FOIL laws?
22 A Yes .
23 Q Okay. I want to read you one sentence out of the
24 Public Officers Law, Section 84, known as FOIL law, third
25 paragraph, last sentence, quote: Access to such information
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Malliotakis Direct/Batra
1 should not be thwarted by shrouding it with the cloak of
2 secrecy or confidentiality, end quote.
3 Now, that is the state law, correct?
4 A Yes.
5 Q And is New York City subject to State law?
6 A Yes.
7 Q And the State law, the architecture of the State of
8 New York is for a transparent government, the government of
9 the People, for and by the people -- I screwed up the of,
10 by and for; but you understand?
11 THE COURT: Among other things.
12 MR. BATRA: It's true, your Honor.
13 Q So as part of that process, the State has
14 recognized that it's very easy to simply claim a shroud of
15 secrecy or confidentiality, so it identified specific
16 categories of exemptions, is that correct?
17 A Yes, that's correct.
18 Q And both the legislative intent and the governor's
19 memorandum, signing the bill into law, and then the case law
20 that followed, said that the exemptions are to be construed
21 narrowly; is that correct?
23 A Yes.
24 THE COURT: I take judicial notice of the FOIL
25 law, the Public Officers Law, what it says and its
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1 interpretation. Don't ask this witness to interpret what
2 the law says, she may have her own opinion of what the
3 law says, but really, we don't want to just knit pick one
4 or two sentences, unless we are going into the entire
5 thing.
6 Go ahead, Mr . Batra.
7 Q So you, along with your colleague, are asking this
8 Court, this Honorable Court, to do two things: One, you want
9 a Writ of Prohibition, preventing the City from doing what it
10 said it was going to do, which is on December 31, 2016,
11 destroy the records, right?
12 A Yes.
13 Q To the extent that the witnesses for the City have
14 testified that they will be destroyed, and you've said don't
15 do that because it violates state law?
16 A Yes.
17 Q And the second cause of action that you sued under,
18 you're asking for relief, which is a plenary action, full
19 discovery, and so on, that this Court declare that the law
20 passed by the City is illegal under State law, in addition to
21 the Constitution, and maybe something else, right?
23 Q Now, within the architecture of State versus City,
24 are you familiar with the City - - any city, not just New
25 York, but Yonkers, White Plains, New Rochelle, whatever, who
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1 passed home rule messages?
3 A Generally speaking, there would be a home rule
4 message, that would be sent to the legislature when they
6 A when the City wants to implement a certain type
7 of policy.
8 Q So, if the City wants to do something and wants an
9 adjustment within the State law, which current State law
10 doesn 1 t permit it do to, the normal procedure is for the
11 City in this case, the City of New York -- to pass a home
12 rule message and let its delegation carry it in Albany for
13 the people of the State of New York, through their
14 representative in Albany, and the Senate, Assembly and
15 Governor allow the home rule message to become state law;
16 correct?
17 A Yes, with regard
20 A With regard to this particular legislation, I feel
21 that the City has defied both State Law, as well as Federal
22 Law, and it 1 s sort of tried to make its own law --
23 THE COURT: Because the City has a right to
24 pass its own laws without seeking home rule, correct?
25 THE WITNESS: In certain cases.
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1 THE COURT: In certain areas, they must seek
2 home rule message, for instance, taxes; that's very
3 obvious that if the City wants to raise taxes, they got
4 to get the home rule, correct?
5 THE WITNESS: In some cases, yes, that's
6 correct, but also their laws have to be within the law of
7 the State and the Federal Government.
8 THE COURT: Just the way it reads, so State law
9 has to be within the rules and regulations of the
10 constitution of the Federal Laws, so forth and so on;
11 correct?
13 Q So there is a pecking order, correct?
14 A You can't make a law that is contrary to a State or
15 Federal Law.
16 Q Okay, so the State Law says that under FOIL, State
17 FOIL Law, you have to keep records for five years?
18 A Yes.
19 Q Now, the State of New York, includes the City of
20 New York, correct?
21 MS. MILLER: Your Honor, I am going to object.
22 Counsel's mischaracterizing the law.
23 THE COURT: Excuse me, I will take notice of
24 what the law says.
25 MS. MILLER: Okay.
:)
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1 THE COURT: We are letting him go on, but I can
2 read and understand FOIL just as easily. Go ahead.
3 Q Knowing what the State law says, you've got to
4 disclose what government is doing, and the back up, and the
5 basis for whR~ ~hR rle~isinns are, can the City simply say I
6 am not going to follow State Law?
7 THE COURT: Please.
8 A I don't believe so.
9 Q You don't believe so? Okay. All right.
10 Now, in this particular case, for the ID New York
11 City program or the Local Law that effectuated it there,
12 there was no home rule message sent by the City of New York
13 to Albany; is that correct?
15 Q And the exemptions that are mentioned under State
16 Law, which are narrowly construed by the legislative memo,
17 the governor's memorandum, and Court cases, and Court
18 precedent, those limited exemptions do not allow this
19 wholesale destruction of documents, do they?
21 THE COURT: Sustained. That is the question
22 for me, not for this witness. This is a fact witness.
23 MR. BATRA: Fine. Fine.
24 Q Ma'am, when you make a FOIL request and you get
25 back a response from the City, which is heavily redacted of
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1 personal information, the mere fact that you get that
2 redacted response from the City, isn't that your guarantee
3 that the City continues to maintain those records, which are
4 then available for law enforcement without redaction?
5 MS. MIJ,T,P.R: Objection.
6 A That is correct,
8 A In addition, to -- well, I think it's very
9 important that -- in addition to legislative purposes -- that
10 we are provided information and City records and that law
11 enforcement or judicial inquiries are also provided
12 background information when subpoenaed. And I fear that with
13 the destruction of these records, who will satisfy those
14 judicial requests going forward? And think that is something
15 that is a true safety, security and also transparency issue
16 that we're facing as a State legislature.
17 Q You were here when -- you heard Deputy Commissioner
18 of the NYPD, John Miller, say that as any investigator, I
19 want more not less?
20 A Yes. And that is the same response I received from
21 the law enforcement that I've met or discussed this issue
22 with, including the Sergeants' Union President Ed Mullens, as
23 well as the retired Sergeants Association, and other
24 Retirement Law Enforcement, and also currently those who have
25 spoken to me off the record
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1 Q And your colleague, co-petitioner, has received
2 letters of support for the Court, have you not -- which we
3 don't' have a copy of -- to the City's lawyers?
4 A Yes, we have. And we'll provide that to the Court.
5 And we'll just hav~ th~m d~~m~d mi'3rk~c1.
6 THE COURT: One more question, please, we are
7 getting very late here.
8 MR. BATRA: Okay, your Honor.
9 THE COURT: Make it a good one.
10 Q There is a difference between committing an act of
11 terror which is an equally foul crime as giving material
12 support of terrorism, isn't that correct?
13 A Yes, but in the end, it's all terrorism, I believe.
14 Q So giving material aid to terror, material support
15 to terror which is a term of art -- would be, for example,
16 getting financing for the actual terrorist?
17 A Yes.
18 Q Some people even get -- their families get paid to
19 commit suicide?
20 A Yes. And that is one of the concerns that we have
21 here with the connection of the banking.
22 THE COURT: The fact that the back up material
23 would be destroyed would be a strong contributing factor
24 for terrorists to somehow be able to fulfill their
25 commission due here in the City of New York?
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1 THE WITNESS: Well, it's that, coupled with the
.2 fact that they're allowing expired foreign documents to
3 be utilized, which are easily purchased on the black
4 market or stolen -- real ones that are stolen, and the
s photographs are changed, I believe if someone wanted to
6 obtain a card based on fraudulent information, they
7 absolutely can do so.
8 THE COURT: And you've heard the testimony
9 they've uncovered about a 102 or so -- Miller said they
10 actually investigated four cases out of the million or
11 so - -
12 THE WITNESS: That is correct, and I am basing
13 that on the issue of fraudulent passports being
14 purchased. If anyone does a Google search on fake
15 passports, you will see multiple news articles, but in
16 the past two years since we've first brought up our
17 concerns to the City
18 THE COURT: We are not dealing with fraudulent
19 passports. Sit down, Mr. Batra.
20 MR. BATRA: Well, we could be --
21 THE COURT: We're talking about --
22 A The expired -- the expired foreign passports could
23 certainly be fraudulent, and this is the concern that we
24 have.
25 THE COURT: All right. We're done here. You
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194
1 have another question, Mr. Alfano?
2 MR. ALFANO: Your Honor --
3 THE COURT: I have heard enough information.
4 Go ahead.
5 MR. ALFANO: Your Honor, I want to put on the
6 record that we have witnesses that would rebut the expert
7 testimony on security measures and banking, and they are
8 all available should you want to hear their testimony, as
9 well, to counter what the City has put forward.
10 THE COURT: On banking?
11 MR. ALFANO: On banking and on security issues,
12 as well, with respect to the integrity of documents, what
13 is necessary to maintain the integrity of a ID program.
14 They are all available. Your Honor said that you would
15 let us know, if you thought it necessary. I just wanted
16 to put that on the record.
17 MS. MILLER: I got a couple questions.
18 THE COURT: Sit down, Mr. Batra.
19 MR. BATRA: Sure.
22 BY MS. MILLER:
23 Q Good afternoon.
24 A Good afternoon.
25 Q You referred to your letter that you sent in
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195
Malliotakis Cross/Miller
1 February of 2015 to the Mayor and the Speaker, you remember
2 talking about that just few minutes ago?
3 A Yes.
4 Q And in your letter, you said a lot of stuff. I
5 want to focus on a couple things. You strongly urged that
6 Section 3/115 be amended. Remember saying that in your
7 letter?
8 A Yes.
9 Q And that didn't happen; it was not amended, as you
10 had requested?
11 A It was not amended.
12 Q Okay. But you certainly brought it to their
13 attention; them being the Mayor and other individuals, before
14 the bill was passed, right?
15 A It was I believe it was, it may have been --
16 Q Excuse me
17 A -- right after the bill had been enacted.
18 Q After it was enacted?
19 A Yes. It was the Mayor, the City Council Speaker,
20 and the sponsors of the legislation.
21 Q Okay. You also asked at the very least for
22 assurance that the determination by the Administration Agency
23 before the 2016 deadline be made in full consideration of our
24 City's interest in law enforcement and counter terrorism; you
25 remember saying that?
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1 A Yes.
2 Q That 2016 deadline that you were referring to, that
3 was the deadline of December 31, 2016, that is in the bill?
4 A Yes.
5 Q Okay. And you, of course -- well, I will withdraw
6 that.
7 You read in the bill, I am thinking that the
8 Administrative Agency, in this case HRA, could make some sort
9 of determination --
10 A Well, they could have made a determination or they
11 could do nothing, and then in that case, all the records
12 would sort of self destruct, but I question whether they are
13 doing that in conjunction with the NYPD. If they are not
14 making a determination, they 1 re just -- if they don 1 t do
15 anything, they are self-destructing so.
16 Q So you said, hey, I see that self-destructing
17 piece, but I 1 m encouraging you to give full consideration to
18 this, and actually make a decision. Wouldn 1 t you have liked
19 to work with the City first instead of coming to Court?
20 A I mean, I get that - -
21 Q But did you say that you 1 d like -- rather than the
22 default of just destruction -- you 1 d like there to be some
23 consideration and decision made?
24 A Of course.
25 Q That is what happened on December 7, 2016. HRA
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197
1 actually made a decision, they did what you asked, right?
2 A I don 1 t know that they did. No one informed me
3 that they did what I asked.
5 MR. BATRA: Objection.
6 A I
7 THE COURT: What did they do? What do you
8 contend HRA did on December 7?
9 Q On December 7 -- this is part of the legislative
10 executive order from the Commissioner, it was issued with
11 respect to the destruction of documents, right? Are you
12 aware?
13 THE COURT: That was what?
14 MS. MILLER: There is in the record, a memo
15 from the Commissioner saying
16 THE COURT: Banks?
17 MS. MILLER: Yes. To various people within his
18 organization and others, which is a public document, it
19 is on their website with respect to the destruction of
20 the documents
21 THE COURT: And that was about the destruction,
22 to destroy or not destroy?
23 MS. MILLER: Yes, there is no -- as he
24 testified operational need with respect to these
25 documents.
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198
'
1 THE COURT: No operational need with respect to
2 these documents?
3 MS. MILLER: Right. I guess what I am
4 asking --
5 MR. ALFANO: Objection, your Honor.
6 THE COURT: Overruled. You are aware that in
7 the bill there is a default that if nothing is done, the
8 documents will be destroyed, that is in the bill, right?
9 THE WITNESS: Yes, that is what I had asked to
10 be amended.
11 Q And you said --
12 THE COURT: Mr. Alfano, what is your problem?
13 MR. ALFANO: The memo she's referencing has
14 no --
15 THE COURT: Please sit down, Mr. Alfano.
16 MR. ALFANO: The memo she's referencing, your
17 Honor, does not have any police on the memo.
18 THE COURT: Who is asking about police?
19 MR. ALFANO: No, they are saying it was done in
20 conjunction with the police.
21 THE COURT: Excuse me, you want to interrupt
22 her that she's inaccurate in her questioning? Is that
23 what you're trying to do?
24 MR. ALFANO: No, your Honor.
25 THE COURT: Thank you. Go ahead.
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1 Q Let me put it this way. You 1 ve been here for the
2 testimony of Commissioner Banks, right?
3 A Yes.
4 Q You were here for the testimony of the Deputy
5 Commissioner Miller, Right.
6 A Yes.
7 Q And you heard testimony about conversations with
8 respect to various parties and law enforcement prior to the
9 bill being passed, right?
10 A Uhm, after the bill was passed.
11 Q All right. You heard that after the bill was
12 passed? Specifically with respect to the retention of these
13 documents, whether they were necessary to be retained or not?
14 A Yes, right.
15 Q And some of that testimony came directly from
16 Deputy Commissioner Miller, who was part of the Deputy
17 Commissioner of Intelligence and Counterterrorism, right?
18 A Yes.
19 Q So you asked back in your letter of February of
20 2015, that there be some consideration of the City 1 s interest
21 in law enforcement and counter terrorism, you got what you
22 asked for, which was consideration?
23 MR. BATRA: Objection; argumentative.
25 A I have no knowledge that the Commissioner of HRA
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1 did indeed have any sign off from the NYPD before destroying
2 the documents, number one; and number 2, from what I heard
3 from the Commissioner, they wanted the records intact for the
4 life of the ID, and that they negotiated it down to two
5 years. That's what I heard from the commissioner today.
6 THE COURT: They did negotiate, and they did go
7 along with the program, right?
8 THE WITNESS: Yeah.
9 THE COURT: But for two years and then destroy?
10 THE WITNESS: But they originally wanted all
11 the information, but they negotiated with the City.
12 THE COURT: Well, I originally wanted to play
13 center field for the Dodgers, but I wound up in this
14 position.
15 MS. MILLER: Now, one more area, if I might? I
16 will be quick.
17 Q There was some testimony here about this default
18 position of the destruction of documents somehow related to
19 what the outcome of the election was going to be; remember
20 the questions from your counsel about that?
21 A Yes.
22 Q Yes.
23 A Yes.
24 Q So the destruction of the documents some how or
25 another would be tied in -- I am not saying that that was the
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201
1 case -- but there were -- some of the questions asked here
2 were tied into the outcome of the election?
3 A Well, that is what has been said by the counsels
4 sponsor, that is what has been said by the Commissioner of
5 Immigration that testified here today, but in the press
6 that is what has been said by our Mayor, and that is also
7 what has been said by the speaker
8 Q And the election was -- I'm going back-- was on
9 November 8?
10 A I think so.
11 Q The 7th, I'm sorry. And you offered to your
12 constituents a shredding event on November 12, right after
13 the election, right?
14 A Right. Yes.
15 Q You did that for them, you shred bank statements
16 and other documents for their safety, right?
17 A Right.
18 Q And in fact, you had a little thing that you posted
19 with the word fraud in a big red letters, to prevent fraud;
20 right?
21 A Yes, we should be taking fraud very seriously in
22 all aspects, especially when issuing identification.
23 Q And the destroying of documents that might be
24 susceptible to people ending up with identity theft, you
25 don't want governments destroying documents?
)
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1 MR. BATRA: What does that have to do with City
2 records, your Honor?
3 THE COURT: Objection overruled. I will take
4 one more question.
5 Q You did this -- you sponsored this event in
6 conjunction with the AARP, right?
7 A Yes.
8 Q And the AARP?
9 A They were going to shred documents so they couldn't
10 be fraudulently obtained. It's a service that AARP provides
11 their partners and numerous elected officials.
12 Q I guess the idea is that the City of New York is
13 shredding documents so they can't be obtained by hacking or
14 otherwise?
15 A Well, the citizens aren't under FOIL law, they
16 don't have to meet FOIL law as the City does.
17 THE COURT: Thank you. I have heard enough
18 today. Thank you very much.
19 Ladies and Gentlemen, come up.
20 MR. BATRA: I will give the Court -- this the
21 Court's copy of the letters to the Court, which I've
22 given already to City counsel.
23 THE COURT: We stand adjourned. Thank you very
24 much, Everyone.
25 (Whereupon, the matter is adjourned.)
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1 CERTIFIED TO BE A TRUE AND ACCURATE
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3 MINUTES TAKEN OF THIS PROCEEDING.
5 KELLY C. JENKINS
Senior Court Reporter
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KCJ

Exhibit L-7
DEPARTMENT OF ELECTIONS JOHN ARNTZ

City and County of San Francisco Director
www.sfgov.org/elections
April 16, 2008
Dear San Francisco Voter:
ln the June 3, 2008 Consolidated Statewide Direct Primary Election, voters musl vote according to their party
affiliations. Voters who have re~istered with fl particular political party may only receive lhal pilr1Y'!l ballot. and
c:moot vote using another party's ballot.
However, the Democratic Party and the Republican Party will allow voters who have declined to state a party
affiliation to vote on their party ballots. Decline-to-state voters may also vote a purely nonpartisan ballot, which
includes only state and local measures and the contest for Judge of the Superior Court.
Decline-to-state voters who are also permanent vote-by-mail voters have been mailed a postcard that they can use
to request a Democratic or Republican Party ballot. Decline-to-state voters who vote at polling places on Election
Day must tell the pollworker if they want either of these party ballots. If no request is made, the voter will receive
a nonpartisan ballot.
Please read page 6 of this pamphlet for more information about party-affiliated and decline-to-state voters. The last
day for people to register to vote in this election or to change their party affiliation i~ May 19.
YOUR BALLOT
The ballot will have partisan candidate contests (if any), the contest for the Judge of the Superior Court, and state
and local measures on the same side. Any candidate contests will appear on the left side of the ballot and the mea-
sures will appear in the middle of the ballot. Also, most ballots have contests on the back of the cards. so remember
to look on both sides of each ballot card be.fore mailing your ballot to the Department of Elections or voting at the
polling place.
YOTI~G IN CITY HALL

29 days before every election. outside our City Hall office, the Department opens a polling place that is available
for all voters regardless of where they live in the City. Before the May 19 deadline to register to vote, people can
change their registration information such as their party affiliation and then vote the same day. The City Hall poll-
ing place is open during the week from 8 a.m. until5 p.m. and during the two weekends prior to Election Day- May
24 and 25; May 31 and June I -from 10 a.m. until 4 p.m.
TO CONTACT US
If you have questions or need more information on any issue related to the election, please contact the Department
at 554-4375, 554-4367 (Chinese), or 554-4366 (Spanish). Also, our Web site- www-ifgov.orglelectio11s -is an
excellent source of information and provides materials in English, Chinese, and Spanish.
Respectfully,
John Arntz, Director
Voice (415) 554-4375 I Dr. Carlton B. Goodlett Place, Room 48 Vote-by-Mail Fax (415) 554-4372
Fux(415)554-7344 San Francisco CA 94102-4634 TIY (415) 554-4386
2 38-CP2-EN-JOB
RllmiiiiiiDUIIBIIIIUIU~IIIIIm
Purpose of the Voter Information Pamphlet

The purpose of this pamphlet is to provide voters with information about candidates and ballot measures before
each election. In addition to the sample ballot, this pamphlet contains: information about voting in a primary
election; an impartial summary of each local ballot measure prepared by the City's Ballot Simplification
Committee; a financial analysis of each local ballot measure prepared by the City's Controller; an explanation
of how each local ballot measure qualified for the ballot; arguments supporting and opposing local ballot mea-
sures; and the legal text of each local ballot measure.
You may bring this pamphlet with you to your polling place. In addition, every precinct is supplied with a copy
of the Voter Information Pamphlet. Please ask a pollworker if you would like to see it.
The Department of Elections delivers the Voter Information Pamphlets to the Post Office for delivery to indi-
vidual voters. If you do not receive your pamphlet by May 19, 2008, please contact your local Post Office and
the Department of Elections.
This pamphlet is also available in Chinese and Spanish.
~2$:-=FOO~lfs:tcX&: tiO-*~~IDl~:ZM& ~fi'l: : (415) 554-4367 o

Este folleto tambien esta disponible en espanol. Para solicitar una copia, por favor llame at 415-554-4366.
The Ballot Simplification Committee

The Ballot Simplification Committee prepares an impartial summary of each local ballot measure. In addition,
the Committee writes or reviews other information in this pamphlet, including the glossary of "Wards You Need
to Know" and the Frequently Asked Questions (FAQs). The Committee members have backgrounds in
journalism, education and written communication, and they volunteer their time to prepare these informational
materials for voters. The Committee members are:
Betty Packard, Chair

Nominated by the Northern California Broadcasters Association
Suzanne Stassevitch
Nominated by the League of Women Voters
Dana Chisnell
Nominated by the Northern California Media Workers Guild
June Fraps
Nominated by the National Academy of Television Arts and Sciences
Ann Jorgensen
Nominated by the San Francisco Unified School District
Ann O'Leary, ex officio

Deputy City Attorney )
3
38CP3-EN-J08
mIII~IIIIIIUDIIIIHI~ IIIIIUIIIIIIIIIIIIII
Accessible Voting and Services for Voters With Disabilities

Vote~ by~ Mail
before Election Day - Vote-by-mail voters are mailed an official ballot prior to the
upcoming election, which allows them to vote privately and at their own leisure. Any registered
voter may request to vote by mail in any election. A Vote-by-Mail Application can be found on
the back cover of this pamphlet. For more information, see page 7.
Early Voting in City Hall- During the 29 days prior to an election a voter may come to the De-
pattment of Elections on the ground floor of City Hall and vote. City Hall is fully accessible from
any of its four entrances. The polling station at City Hall is equipped with all of the assistance tools
provided at all polling places on Election Day. For more information, see page 7.
Access to the Voter Information Pamphlet- The San Francisco Public Library for the Blind and
Print Disabled, at 100 Larkin Street, distributes recorded copies of the Voter Information Pamphlet
on cassette. To request a copy call Martin Magid at 415-557-4253. These are also available
at the Department of Elections. In addition, you may access a PDF or text copy of the Voter
Information Pamphlet online on the Department of Elections Web site: www.sfgov.org/elections
Accessible Voting Machine -Voters with, but not limited to, sight and mobility impairments
have the option to use an accessible voting machine. This machine is designed to assist voters
with specific needs to vote independently and privately; it is available at every polling place on
Election Day. For instruction on its use, please see page 14.
Other Forms of Assistance at the Polling Place:

Personal Assistance - A voter may bring up to two persons, or pollworkers, into the voting
booth for assistance in marking his or her ballot.
Curbside Voting - If a voter is unable to enter a polling place, pollworkers can be asked to
bring the necessary voting materials to the voter outside the polling place.
Reading Tools - Every polling place is provided with large print instructions on how to mark a
ballot and special optical sheets to magnify the print on the ballot.
Seated Voting - Every polling place has at least one voting booth that allows voters to vote
while in a seated position.
Voting Tools - Every polling place has two easy-grip pens for signing the roster and marking
the ballot.
TTY (Teletypewriter Device) -The Department of Elections can also be reached via TIY by
calling 415-554-4386.
If your polling place is not functionally accessible, you may call 415-554-4551 prior to Elec-
tion Day to find out the location of the nearest accessible polling place within your district. For
accessible polling place information on Election Day, or further information on accessibility for
the upcoming election, please contact the Department of Elections at 415-554-4375.
)
4 38CP4-EN-J08
mIIIBIIIIIOIIIIIIDI~~~~~IUIIImU
Primary Election Information for Party-Affiliated and

Decline-to-State (Nonpartisan) Voters
The Department of Elections has provided this sample ballot booklet for the June 3, 2008 Consolidated Statewide Direct
Primary Election for the following qualified parties:
American Independent Party

Democratic Party
Green Party
Libertarian Party
Peace and Freedom Party
Republican Party
To determine your party registration, look at the box containing your polling place address on the back cover of this booklet. The
party with which you are registered is identified by one of the codes listed below:
AI American Independent Party PF Peace and Freedom Party
OEM Democratic Party REP Republican Party
GRN Green Party NP Decline to state a party affiliation (DTS) I

Nonpartisan
LIB Libertarian Party
The June 3, 2008 election is a modified closed primary. In this type of election, a voter who has registered wlth a particular
political party may vote only for candidates from that party. Voters who declined to state a party affiliation at the time of registration
(decline-to-state voters) may request a ballot from one of the parties that allow decline-to-state voters to vote their party ballot in
this election. All registered voters, regardless of party affiliation, may vote in nonpartisan contests and for or against ballot
measures.
In this election, decline-to-state voters may request a party ballot for the following political parties:
The Democratic Party, which allows decline-to-state voters to vote for candidates for all offices except County Central
Committee.
The Republican Party, which allows decline-to-state voters to vote for candidates for all offices except County Central
Committee.
Note: The American Independent Party also allows decline-to-state voters to vote its party ballot in this election. However, there
are no American Independent Party candidates for any partisan contest; instead, a nonpartisan ballot that includes candidates
for nonpartisan office and ballot measures is available.
Decline-to-state voters who wish to receive a ballot from one of the parties listed above must request that ballot from a poll-
worker when signing the roster on Election Day. Decline-to-slate voters requesting a vote-by-mail ballot can indicate their choice
on the Vote-by-Mail Application located on the back cover of this Voter Information Pamphlet. Please note that under state law,
when a decline-to-state voter chooses a party ballot, this choice must be noted in the roster of voters and becomes part of the
public record.
Decline-to-state voters who do not request a specific party ballot will be given a nonpartisan ballot that includes only nonpartisan
contests and the measures to be voted on.
Sample ballots begin on page 21. To find the page number of your sample ballot, please refer to the Table of Contents or the front
cover of this pamphlet.
To change your party registration, you must complete and submit a new voter registration card by May 15, 2006. You can
request that a voter registration card be mailed to you on our Web site at sfgov.org/efections or by calling 415-554-4375, or fill
one out In person at the Department of Elections in City Hall.
6 38-CP6-EN-J08
IIIIIIIIIIIIIIIHimJgJIIII ~DIU 1111111111 m
Multilingual Voter Services:

Voter Assistance In Chinese and Spanish
~me~m~Hi~=
iltt ~ ){~ lf)I 5.F )( ~ -;;~ DiJ
Servicios Multilingues para los Electores:
Asistencia para los Electores en Chino y Espai\ol
In compliance with federal law and local ordinance, the Department of Elections provides services to voters and
official election materials in Chinese and Spanish, in addition to English. Multilingual voter services include:
Translated election materials including: ballots, voter registration forms, voter notices, vote-by-mail ballot
applications and Instructions, and Voter Information Pamphlets.
Telephone assistance in Chinese and Spanish, available Monday through Friday, 8 a.m. to 5 p.m. and from
7 a.m. to 8 p.m. on Election Day.
Telephone Assistance in Chinese: 415-554-4367
Telephone Assistance in Spanish: 415-554-4366
Instructional signs in English, Chinese and Spanish at all polling places on Election Day.
Chinese and Spanish bilingual pollworker assistance at designated polling places on Election Day.
Voter information in Chinese and Spanish on our Web site at www.sfgov.org/elections
Asistencia para los Electores en Espar'lol
Conforms a Ia ley federal y el reglamento municipal, al

it<~f.lllt~~mr~rlttl!n~fi ~~~~.fJlHPd!U~~xn~m~rn~ Depanamento de Elecciones proporciona materiales electo
1JJB$~~~ r.f:!JtnliU'~f:i!W : rales y asistencla a los electores en espanol. Servicios para
los electores en espafiollncluyen:
Bllfl~-A~:liU'/1~~+ :!t$~fi5 : ~m " ~~~gC.~ , Materiales electorales traducidos incluyendo: Ia boleta
~l!IHR~ ~lft9:~$~#~'om~P.A&:lDt~JUe;K' electoral, el formulario de lnscripci6n para votar, avisos
lffio a los electores, solicitudes e lnstrucclones para votar por
correo y el Folleto de lnformacl6n para los Electores.
E8-WJ-~!jJUJ1iJ: q:g m~r ~ s ~ l?dB. BJ: ~ Asistencia telef6nica en espanol dlsponible de tunes a
7H~~~J:g ~~iitB~$)(1i~tit~WJ: 415-554-4367 viemes de B a.m. a 5 p.m. y en el Dla de las Elecclones
de 7 a.m. a B p.m. llamando al415-554-4366.
$j!fl! B1~f~t9:~M~~ ~=P xl.lmmff~~ R6tufos con las instrucciones en espai'lol en los lugares
n~~t!B1W~(!'.J~~Y'MJ1Hj1;~)(m~mhWJ de votacl6n el Dla de las Elecciones.
Trabajadores electorales bilingOes en los lugares de

1fjJU~.Mt~li't!i (www.sjgav.org/elections) ~f~=t=r)C~lf!
votacl6n designados.
~*4 0
lnformaci6n electoral en nuestro sitlo Web en espanol:
www.sfgov. orglefectfons
9=JJr.&IY-Jj~~WM!Ilt
El Folleto de ln1ormacl6n para los Electores en eepaftol
~t. 7~3tJtEUX~~M~fllt 2>1- ~~J15ji~f~t:P3tll&f.Jm Ademas del Folleto de InformaciOn para los Electores en
~~*4-$ ~O*f~\:tLUIHifJ5.r~Uil~Mf~- 2$:$ XJWi(t'J~ Ingles, el Departamento de Elecciones provee un Folleto de
~~*4-=Fllfr , mill:m : 415-554-4367 o InformaciOn para los Electores en espaf'lol a los electores
que lo sollclten. Sl desea reclblr un Folleto de lnformaci6n
para los Electores en espaf!ol, por favor llame al
415-554-4366.
5
38-CP5ENJ08
IIIUIIRIIIBIIUII ~ ~0111111111
Early Voting in Person or by Mail

(Absentee Voting)
Any voter may request a vote-by-mall ballot (absentee ballot). You can request that a ballot be mailed to you, or
you can come to the Department of Elections and vote In person starting on May 5, 2008.
VOTING IN PERSON
You can vote on or before Election Day at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 48.
Office hours for early voting are as follows:
8 a.m. to 5 p.m., Monday through Friday, beginning May 5, 2008;
10 a.m. to 4 p.m., Saturday and Sunday, May 24-25 and May 31-June 1;
7 a.m. to 8 p.m. on Election Day, Tuesday, June 3, 2008.
VOTING BY MAIL FOR THIS ELECTION ONLY

To request a ballot by mail, complete the application on the back cover of this pamphlet, and mail It to the Department of
Elections. You may also request a ballot by sending a written request or postcard to the Department of Elections. Remember to
include your home address, the address to which you want the ballot mailed, your birthdate, name and signature.
Your signature must be included I Mall your request to the address on the front cover of this pamphlet, or fax it to 415-554-4372.
Your request must be received by the Department of Elections before 5 p.m. on May 27, 2008. (By law, the Department of Elections
cannot accept requests for mailed ballots received after 5 p.m. on May 27, 2008, regardless of when these requests were post-
marked!) Once we process your request, a ballot will be sent to you.
When you receive your ballot, please read the instructions carefully. You can marl< your ballot using a #2 pencil (recommended) or a
black pen. If you use another type of marking device, the vote-counting machines may not record your votes properly. (Do not use a
felt-tip pen because these can bleed through to the reverse side of the ballot card.) You can mail your ballot back to the Department
of Elections-free-of-charge-by Inserting your ballot into the envelope provided, signing and sealing the envelope, and dropping it in
any mailbox-no stamp is required. You can also drop off your voted ballot at any San Francisco polling place on Election Day,
Tuesday, June 3, 2008. The Department of Elections MUST receive your ballot by 8 p.m. on Tuesday, June 3, 2008.
If your ballot is damaged or you make a mistake, check the "Spoiled Bailor box on the back of the retum envelope and return It to the
Department of Elections, no later than 5 p.m. on May 27, 2008, to be mailed a new one. You may also surrender the spoiled ballot at
your polling place or at the Department of Elections in City Hall. Room 48, to obtain a new ballot.
VOTING BY MAIL FOR ALL ELECTIONS

Any voter may request to be a permanent vote-by-mail voter (permanent absentee voter).
Once you are on our permanent vote-by-mall voter mailing Jist, we will mail you a ballot automatically for every election until you move,
re-register, or do not vote in two consecutive statewide general elections.
If you do not vote In two consecutive statewide general elections, you will no longer be a permanent vote-by-mall voter. However, you
will remain on the voter roll unless the Department of Elections has been informed that you no longer live at the address at which you
are registered. To regain your permanent vote-by-mail status, you will need to re-apply as described below.
To become a permanent vote-by-mall voter, complete the Vote--by-Mall Application on the back cover and return It to the Department of
Elections, or call for an application at 415-554-4375. Be sure to cheok the box that says, "Pennanent Vote-byMaU Voter'' and sign
your name where tndlca1ed.
IMPORTANT NOTICE TO PERMANENT VOTE-BY-MAIL VOTERS

If you have already registered as a permanent vote-by-mall voter, your ballot will be mailed on or about May 5.
To find out if you are registered as a permanent vote-by-mail voter, please call the Department of Elections at
415-554-4411. If you have not received your ballot by May 19, please call 415-554--4375.
Track and Confirm Receipt of Your Vote-by-Mail Ballot

Vote-by-mall voters can track and confirm when their voted ballot was received by the Department of Elections. To determine the
receipt status of your ballot, visit our Web site at www.sfgov.org/elections or call the Department of Elections at 415-554-4411.
38-CP7-EN..J08 7
How to Locate Your Polling Place

Note: Your Polling Place May Have Changed!
Check the back cover of this pamphlet (upper left-hand side):
Back cover
NOTE:
Your polling place address is located on
the upper left-hand side of the back cover
of this pamphlet. Please make a note of lt. Check here for whether
Even If you request a vote-by-mail ballot, your polling place is
you may still wish to turn in your ballot at accessible for people
your polling place on Election Day. with disabilities.
Your Pol ng Place Address Is: Access:

Are the entryway and the voting area ar::cessible?
Eureka Valley Playground
100 Collingwood Street YES
Between Stevens and Broadway
PRECINCT 3623 5.1% Slope
Your precinct number A physical description of your polling place

entryway, such as slope, ramped access or
height clearance.
Your polling place address is also available at the Department of Elections Web site:
www.sfgov. orglelections
If your polling place is not functionally accessible, you may call 415-554-4551 prior to
Election Day to find the nearest accessible polling place within your district. For
accessible polling place information on Election Day, call 415-554-4375.
B 38-CPB-EN-JOB
~IIIIIIIUIJIIIIIIII~~DO~IIUIIIWI
Polling Places Change Every Election

Each election an average of 13% of San Francisco's polling places
change due to cancellations. To confirm the location of your polling
place, always check the back cover of your Voter Information
Pamphlet There you will find the accessibility status and location of
your polling place, including cross-streets.
Check the back cover of your Voter Information Pamphlet before each election.
Change of Polling Place Card

If a polling place becomes unavailable after the Voter Information Pamphlet has
been mailed, the Department of Elections sends change notification postcards to
all registered voters within the precinct to inform them of the new location.
VOTEHEREI
Change of Polling Place Signs
For those voters who are unaware that their polling place has changed, the
Department of Elections posts "Change of Polling Place" signs at the
address of the old location on Election Day. Voters can tear off a sheet of
paper with the location name, address and cross-streets of their new polling
place from a pad attached to the "Change of Polling Placen sign.
Some Voters Must Vote by Mail

Voting precincts with fewer than 250 registered voters
may be designated "Mail Ballot Precincts". An official
ballot and postage-paid return envelope will be mailed
automatically to all voters in those precincts approxi-
mately four weeks before every election.
For those voters who would prefer to drop off their

official mail ballot at a polling place, the location
names and addresses of the two polling places
nearest their precinct are provided with the ballot.
38-CP9-EN-J08
lllmiiiUIIIIIIIII~II~UUIIIIIUD 9
Visit our Web site

www.sfgov.org/elections for information on:
( VOTING
Voting by mail
Voting at the polls on Election Day
~~..,-_1&~\"~ ...,. ~..,H\,.<to>.~'t ta...h>"''-
(tl"'1rJ_..,.ll""' Polling place and sample ballot look-up
Access for voters with disabilities
:r.. ':llt'!"-'r""'"'l ... ,t .. r"- ~--!o,l.ll'l~
th 1 4~ 11H
Election Rl!sults !-'.!> ... ~ .... (....__M_U_L.:_J_IL_IN_G_U_A_L_V_O_~_

ER_SE_R_V_IC_E_S_ __ _____;,;t
_i
List of services available in English, Chinese
O',ro,;\l._!)ir'".. --
."I ;:~o(,,....-.-.-Pi~''t,"""'lht<ll-l,..LIIPr<',.,.o and Spanish
,._.,_.,_. ,,,.,l..,IP<l
l~~t":""WI-1,
Contact numbers for Chinese and Spanish
telephone assistance
Bilingual voter registration forms and
vote-by-mail ballot applications
Voter Information Pamphlets in Chinese and
Spanish
(....__~_P_C_O_M_I_NG _______________ ~
__E_L_EC_T_IO_N_S
Election calendar
Official list of local ballot measures
Qualified candidates list
- Voter Information Pamphlet
( HOW TO GET INVOLVED
Become a pollworker on Election Day

High school student pollworker program
Provide your property as a polling place
Voter education programs
r~ .. .,_,
( ANNOUNCEMENTS
,-""t... . . Press releases and memoranda

t - ...
~...,.~, ......
Employment opportunities
.Q!Jll.
Local election results
( ELECTIONS ARCHIVE
Historical Voter Information Pamphlets going

back to 19071
Election results dating back to 1995
Historical voter turnout records
Your first source for election information is www.sfgov.org/elections
10 38-CP1 0-EN.JOB
mIII~IIDIIIUII~RIUIIIIIU~IIIIUIIIII m
Contacting the Department of Elections
The Department of Elections has telephone lines for specific purposes:

For general information, call415-554-4375;
To register to vote, call 415-554-4375;
To request a Vote-by-Mail Application, call415-554-4375;
For assistance in Chinese, call415-5544367; 'PxMtaiUJ: 415-554-4367;

For assistance in Spanish, call415-554-4366; Para recibir asistencia en espatlol, llama al415-554-4366;
For TTY assistance, call 415-554-4386;
For information about becoming a pollworker, call 415-554-4395;
For election results on Election Night, call415-554-4375;
To offer your facility as a polling place, call415-554-4551;

To request a voter education presentation or voter education materials for distribution, call 415-554-4340.
Our office hours are Mondays through Fridays (except holidays) from 8 a.m. until 5 p.m.
To Vote by Mail
1. Complete and detach the application on the back cover of this pamphlet.
2. Affix sufficient postage where indicated.
3. Drop your completed application Into a mailbox.
Applications must be received by the Department of Elections no later than 5 p.m. on

Tuesday, May 27, 2008.
Check "the upper le.ft side of "the.

back cove.r of "this vo"te.r
pamphlet for the loc:crtfon
of your polling place.
Your Polling Place May Have Changed

We urge you to double-check the location of your polling place
printed on the back cover of this pamphlet.
11
33-CP11-EN.J08
IIIIIIIIHllllmBIUIIUIIIUmllllll
Voting at Your Polling Place onEiection Day

Approach the table where pollworkers are Issuing ballots and state your name and address.
When one of the pollworkers finds your name In the roster of voters, the pollworker will
repeat your name and address. Sign your name on the signature llne next to your name in
the roster of voters.
The pollworker will give you your ballot and your ballot's stub receipt in a blue secrecy
folder. Your ballot may consist of multiple cards. Take your ballot to one of the voting booths,
where you may mark your ballot in privacy. There will be a special ballot-marking pen in
each voting booth.
Marking the Ballot

You will vote a paper ballot that may be printed on both sides of
the page, unless you prefer to use an accessible touchscreen vot
lng machine (see page 14). Using the ballot-marking pen provided
at your polling place, mark your ballot by connecting the head and
tall of the arrow pointing to your choice for each contest, as shown
- -
-- -
In the picture. Be sure to review both sides of each ballot card I
Please note: the number of candidates you may select for each
contest or choice will be printed above the list of candidate names
for each contest. If you overvote by marking more than the allowed
number of candidates for any contest or choice, or by marking
both "YES" and "NO" in a measure contest, your votes for that
contest cannot be counted!
In addition to the candidates listed on the ballot, there may be other

people running as qualified write-in candidates. For a list of quali-
fied write-in candidates, please ask a pollworker. Voters with mailed PRESIDENT
ballots may access the list of qualified write-in candidates by visit Vote For One
ing our Web site at www.sfgov.org/elections or by calling the
Department of Elections at 415-554-4375.
To vote for a qualified write-in candidate, write the name of the

THOMAS A. EDISON
----------------- ~
ALBERT EINSTEIN
.. ..
,....., ..
candidate in the space marked "Write-ln." You must connect the FLORENCE NIGHTINGALE .. ..
head and tail of the arrow pointing to the "Write-In" space for
your write-in vote to be counted. Only write-In votes for qualiHed
-------------------------
BOOKERT. WASHINGTON - ..
write-in candidates can be counted. Do not write in a vote for a -------------------------
candidate whose name is printed on the ballot.
Writ..tn 9J.. ~~ ~
If you make a mistake while voting, ask a pollworker for another
ballot. Voters may request up to two replacement sets of ballots.
Once You Have Marked Your Ballot

Make sure that your ballot stub receipt has been detached from each ballot card.
Insert your ballot, one card at a time, Into the slot in the front of the voting machine.
The ballot can be lnsened Into the voting machine in any direction: upside down, right
side up, backwards or forwards. The voting machine counts the votes electronically
when the ballots are insened by the voter. The ballots are stored In a locked compan-
ment inside the voting machine.
12 38CP12EN-J08
IIII~IIIIIIBIUURIII ~IHIIIIIMII
Guidelines for Provisional Voting

If you are a registered San Francisco voter, you have the right to cast a provisional ballot at your polling place if:
You were issued a vote-by-mail ballot that you are unable to surrender and you want to vote at the polls;
Your name does not appear in the roster of voters for the precinct;
You wish to vote a ballot from a party different from the one listed beside your name in the roster of voters;
You have moved within San Francisco but did not re-register to vote; or
You are a first-time voter listed in the pink Provisional Roster and were unable to provide a valid California driver's
license or state identification number or the last four digits of your Social Security number on your voter registration
form.
How to cast a provisional vote:

You will receive a ballot and the pink provisional ballot envelope from a pollworker. The pollworker will fill out the pollworker
section of the envelope. You must complete the voter's section of the provisional envelope, including providing your nama,
date of birth, current address and previous address. You must also sign the declaration confirming that you are a resident of
San Francisco and are registered and eligible to vote in this election. It Is very Important that you sign your name at the
bottom of the envelope- without your signature your provisional ballot cannot be counted.
Once you have filled out the voter's section of the provisional envelope and marked your baltot, Insert your ballot into the provi-
sional envelope, seal the envelope, and return it to a pollworker.
A double-sided receipt on the back of the provisional envelope includes a Web site and a toll-free number which you may use
to find out whether your provisional ballot was counted. To determine the status of your provisional ballot, call1-866325-9163
or visit the Department of Elections Web site (www.sfelactions.org/pvl) no sooner than July 14 and provide the number printed
on your provisional voter receipt.
Your Sample Ballot

This pamphlet includes sample ballots for each qualified
political party and for decline-to-state (nonpartisan) vot-
ers. Your current party registration is printed on the back vesr~~litSI
to()J/~tl ..
cover of this pamphlet (for more information, see page
6). Please refer to the Table of Contents for the location
of your sample ballot. It is a reduction in size of the
Official Ballot you will use to cast your vote on Election
Day. Feel free to mark your sample ballot and bring it to
the polling place to use as a guide on Election Day. (You
can also use the Ballot Worksheet, located on page 173
of this pamphlet, for the same purpose.)
vet.~tl'l"ISJ ...
NO(Id'l
llll~llllliHIIIUIIRI ~ lllft~lllllllm
38CP13EN..JOB 13
Voting with the Accessible Touchscreen Voting Machine
For every election, each polling place will have

one accessible touchscreen voting machine
that assists voters with disabilities to vote
independently and privately. This accessi-
ble voting machine allows voters to make
ballot selections using a touchscreen and
review their selections on a paper record
before casting their vote.
Additionally, the touchscreen voting

machine provides an audio ballot
feature that allows voters to listen to
instructions and ballot selections while
voting. The touchscreen machine also
has an option for voters to use their own
personal assistive device such as a sip/puff
switch.
The accessible touchscreen voting machine

will be available for use at each of the City's
polling places and during Early Voting in City
Hall. If you would like to vote using the touch-
screen voting machine on Election Day,
please tell a pollworker.
Audio Ballot and Hand-held Keypad
For audio voting, the accessible voting machine is

equipped with headphones and a Braille embossed
hand-held keypad. When using the audio ballot fea-
ture, the voting machine will provide you with audio
instructions and guide you through the ballot. The
keypad is used to move through the ballot and make
selections. If you would like to use the audio ballot
feature, please tell a pollworker.
14 38-CP14-EN..JOB
~11111111111111111111 ~1111111111 n
Steps for Voting Using the Touchscreen

Step 1: Insert Voter Card Step 2: Select Language
Select the language In which you
want to vote. Voters can chooseji\
English, Chinese or Spanish. 1.
(
~
_ '/)
~
._
English
~)t
Espanol
...
Step 3: Select Candidates and Ballot Measure Choices
Make your selections by touch- ELEANOR ROOSEVELT After making your selection, touch the "Next" arrow button at
ing the candidate or choice for CESAR CHAVEZ the bottom of the screen to go to the next contest or mea-
which you intend to cast your sure. Touch the "Back" arrow button to return to the previous
WALTERLUM
vote. A green check mark will screen.
appear in the circle indicating
your selection.
To change your selection,

<$D $
Touch the "ABC" button to enlarge the text on the screen.
touch your selection again.
The check mark will disappear
and you can make a new ABC-+ ABC
selection.
Step 4: Print and Review Selections

At the end of the ballot, a review screen is displayed Write-In Candidates
showing all your selections. Touch Here to Print To vote for a qualified write-in can-
and Review a Paper didate, touch 'Write-in" and a key-
To change a selection, touch the box of the contest or Record of Your Ballot. board will appear on screen. Type
measure and select a new candidate or choice. the nama of the candidate and
press "OK."
After completing your ballot review on screen, print and
review a paper record of your ballot. A paper record of
1 "2 3 I~ IJ ., " 0 I 0 -
your selections will appear in the window on the left side
ol w e R r I v u 1 o P .
of the screen.
" I 8- ;; F G ~~ K ~ :
ZXCVU l Mj , .
Step 5: Cast Ballot or Make Changes
After verifying the paper record touch either "Cast

- -~ 1) ~
Ballot" or "Make Changes." Please review the paper ~
record of your ballot.
Touch "Cast Ballot" to finish voting. The printer will You may now cast your Ballot Review
show "Accepted" on the paper record. The voter card At any time you can review your
ballot or make changes.
will eject for you to return to the pollworker. ballot selections by touching
"Review." Jhe review screen will
IMPORTANT! - You cannot change your vote after
"Cast Ballot" is pressed.
I
Make Changes II Cast Ballot show you a summary of your
selections. To change a selection,
touch the box of the contest or
Touch "Make Changes" to change a selection. After measure and select a new candi-
you make a change you can review a new paper date or choice.
record of your ballot.
IMPORTANT! -You can print only two paper records

of your ballot for review. Mer this you will need to cast
your ballot.
15
38-CP15-EN-J08
mIIIIIIYIIIIIIIIIIYI til IIIU IIIIII m
Eligibility, Registration and

Voting Information
Registration Forms Go to their new polling place on Election Day, complete a
new voter registration form to update their registration
For this election, the registration deadline Is May 19. information, and cast a provisional ballot; or
To obtain a voter registration form: Come to City Hall, Room 48, on or before Election Day.
Visit www.sfgov.org/e/ections to fill out or download a form; complete a new voter registration form to update their
registration Information, and vote at the Department of
Call the Department of Elections at 415-554-4375 and Elections.
request that one be mailed to you; or
Pick one up at the Department of Elections in City Hall, the Not Vet 18?
County Clerk's office, the Department of Motor Vehicles, or
at public libraries and post offices throughout San Any person who will turn 18 years of age on or before the
Francisco. next election is eligible to register and vote in that election.
To register:
Effective January 1, 2006 each registrant must provide a cur-
Complete a voter registration form ; and
rent and valid California driver's license or California identifi-
cation number on his or her voter registration form. Registrants Submit the registration torm either in person or by mail no
who do not have either must provide the last four digits of later than 15 days before that election.
their Social Security number to meet the identification
requirements. If a voter does not have any of these three Overseas and Military Voters
forms of identification, a unique identifying number will be
assigned for voter registration purposes only. Any registrant Special Overseas and Military Voters are:
who does not provide this information prior to Election Day, Members of the armed forces;
June 3, may have to vote a provisional ballot; if the identifica-
tion cannot be confirmed, the provisional ballot cannot be Spouses or dependents of members of the armed forces;
counted. United States citizens temporarily living outside of the
country; or
Once the Department of Elections receives a completed voter U.S. citizens serving on a merchant vessel documented
registration form, the new voter will receive a card in the mall under the laws of the United States.
as proof of his or her right to vote.
Special Overseas and Military Voters can register to vote and
New Citizen Registration and Voting receive a vote-by-mail {absentee) ballot by completing the
Federal Post Card Application {FPCA). The application can
California election law extends the registration and voting be downloaded from http://WWW.fvap.gov!pubslonllnefpca.pdf
deadline to the 71h day before the election for those who or obtained from embassies, consulates, or from military vot-
become new citizens after the close of registration on ing assistance officers.
May 19. Anyone who becomes a new citizen between May 20
and May 27 must. no later than May 27: Ex-Offenders' Right to Vote
Present your Certificate of U.S. Naturalization to the In addition to standard voting age and residency require-
Department of Elections; ments, California law allows a person who has bean con
Complete a voter registration form; and victed of a felony to register and vote if he or she:
Vote at the Department of Elections after registering. Has completed his or her prison term for a felony,
including any period of parole or supervised release.
Have You Moved?
Is on federal or state probation.
When voters move, they must inform the Department of Is incarcerated In county jail as a condition of felony
Elections of the address change to update their voter regis probation or as a result of a misdemeanor sentence.
tratlon records. Voters must inform the Department of
Additionally, people who have been convicted of a mlsde
address changes at least 15 days before an election to vote
meanor can register and vote even while on probation, super
In that election. Voters may change their address by:
vised release, or incarcerated in county jail.
Completing and submitting a voter registration form; or
In order to restore the right to vote, a person only needs to
Submitting a written notice of their change of address
complete and return a voter registration form. No other docu-
along with their signature, printed name, date of birth, and
previous and new addresses. mentation is required.
NOTE: Voters who moved within the county and were unable
to change their address prior to the deadline 15 days before
the election are encouraged to:
16 38-CP16ENJOB-X
UIIII~IIUIIIDIIIIIIIUIM ~ 11111111011111 m
Frequently Asked Questions (FAQs)

by the Ballot Simplification Committee
Q - Who can vote? you are at the right place, call the Department of Elections
A- U.S. citizens, 18 years or older, who are registered to immediately at 415-554-4375.
vote In San Francisco on or before May 19, 2008.
Q - If I don't know what to do when I get to my polling
Q- When do I vote? piBCB1 Is there someone there to help me?
A - Election Day Is Tuesday, June 3, 2008. Your polling A - Yes, the pollworkers at the polling place will help you.
place will be open from 7 a.m. to 8 p.m.
Q - Can I tske my sample ballot or my own written list
Q- Where do I go to vote? Into the voting booth?
A - Go to your polling place. The address is on the back A - Yes. Deciding your votes before you get to the polls Is
cover of this book. helpful. Your sample ballot is located inside this voter pam-
phlet, or you may use the Ballot Worksheet Included In this
Q - My 18th birthday is after May 19, 2008 but on or pamphlet for this purpose.
before JunB 3. May I votBin thB June 3 election?
A- Yes, if your 18th birthday is on or before June 3, but after 0 - Do I have to vote on every item on the ballot?
May 19, you can register to vote on or before May 19 and vote A - No, you do not. The votes you cast will be counted
June 3 - even though you were not 18 at the time you regis- whether you have voted on every Item or not.
tered to vote.
Q - Is there any way to vote Instead
Q - N I was arrested or convicted of of going ro the polling place on
a crlme, can I still vote? Elsctlon Day?
A- You can register and vote as long A- Yes, you can vote before June 3 If
as you are not in prison or on parole you:
for a felony conviction. You must com- Fill out and mail the Vote-by-Mail
plete a new registration form on or Q - Who can vote? Application printed on the back cover
before May 19 to vote. of this book. Once we process your
A- U.S. citizens, request, a vote-by-mail ballot will be
Q - I have just become a U.S. sent to you. Your request must be
citizen. Can I vote in the June 3 Blet>- 18 years or older, who received by the Department of
tlon? Elections no later than 5 p.m. on May
A - It you became a U.S. citizen on are registered to vote 27, 2008;
or before May 19, you may vote In the
election, but you must register to vote in San Francisco on or OR
by May 19; Go to the Department of Elections at
before May 19, 2008. City Hall, 1 Dr. Carlton B. Goodlett
OR
Place, Room 48, from May 5 to June 3.
If you became a U.S. citizen The office hours are: 8 a.m. to 5 p.m.,
after May 19, but on or before May 27, Monday through Friday; 10 a.m. to 4
you may register aru:l vote at the p.m. Saturday and Sunday on May
Department of Elections office by May 24-25 and May 31-June 1; and
27 with proof of citizenship. 7 am. to 8 p.m. on Election Day, June 3.
Q - I have moved within the county but have not re- Q - If I don't use an application, can I get a Vote-by-
registered. Can I vote in this election? Mail Ballot some other way?
A - Yes, but you must go to your new polling place or City A - You can send a note, preferably on a postcard, to the
Hall, Room 48, and complete a voter registration form to Department of Elections asking for a ballot. This note must
update your registration information. You can look up the include: your printed home address, the address where you
address of your new polling place by entering your new want the ballot mailed, your blrthdate, your printed name and
home address on the Department of Elections Web site your signature. Mall your request to the address on the front
(www.stgov.org/electfons). You may be asked to vote a pro- cover of this pamphlet, or fax It to 415-554-4372. Your
visional ballot at your new polling place. request must be received by the Department of Elections no
later than 5 p.m. on May 27, 2008.
Q - Whal do I do If my polling place is not open?
A - Check the back cover of this book to make sure you
have gone to the right place. Polling places often change. If
20 38..CP20-ENJ08
IIIIIIIRII8111111111DHMIUIIIIII
Before Casting a Write-In Vote, Read This:

Every write-in vote must be manually reviewed by the
Department of Elections.
Unfortunately, a great majority of write-in votes cast

each election cannot be counted.
Heres why:
The write-in vote was not for a qualified write-in candidate. Only
votes for qualified write-in candidates can be counted. Write-in votes
for anyone else CANNOT be counted. Qualified write-in candidates
can be found on the Certified Write-In List, available at your polling
place, on the Department of Elections Web site (www.sfgov.org/elections)
or by calling the Department of Elections.
The write-in candidate was qualified for a different party's ballot.

In a primary election, any qualified write-in candidates can only be voted
for on the appropriate party ballot. To see the party affiliation of a write-
in candidate, check the Certified Write-in List.
The write-in vote was not correctly marked. Write-in votes must be
indicated by both completing the arrow next to the "Write-In" space and
writing the candidates name in the space provided.
Overvoting by selecting a candidate listed on the ballot and also

marking a write-in vote for the same candidate will invalidate your
vote for that contest.
Make sure your write-in vote counts!
50 38CP50ENJ08 IIIIIIIIUII.IIBIHIII m1m lllllm m

Absentee voting has a new name:
Voting by Mail!
Starting January 1, 2008, 11 absentee voting 11 is now referred to as 11 VOting by
mann in all of the Department of Elections' literature. A new state law mandates
this change, but all the benefits and requirements remain the same!
To receive your ballot in the mail, send in the application on the back cover of
this pamphlet. The Department of Elections must receive your application by
5:00 p.m. on Tuesday, May 27, 2008.
For more information about voting by mail, see page 7.
76 11111111111.11111 1111~11111111 u
Voter Bill of Rights

1. You have the right to cast a ballot if you are a valid registered voter.
A valid registered voter means a United States citizen who is a resident in this state, who is at least
18 years of age and not in prison or on parole for conviction of a felony, and who is registered to
vote at his or her current residence address.
2. You have the right to cast a provisional ballot If your name Is not listed on the voting rolls.
3. You have the right to cast a ballot If you are present and In line at the polling place prior to
the close of the polls.
4. You have the right to cast a secret ballot free from Intimidation.
5. You have the right to receive a new ballot If, prior to casting your ballot, you believe you
made a mistake.
If, at any time before you finally cast your ballot, you feel you have made a mistake, you have the
right to exchange the spoiled ballot for a new ballot. Vote-by-mail voters may also request and
receive a new ballot if they return their spoiled ballot to an elections official prior to the closing of
the polls on Election Day.
6. You have the right to receive assistance in casting your ballot, H you are unable to vote
without assistance.
1. You have the right to return a completed vote-by-mall ballot to any precinct In the county.
8. You have the right to election materials In another language, If there are sufficient residents
In your precinct to warrant production.
9. You have the right to ask questions about election procedures and observe the elections
process.
You have the right to ask questions of the precinct board and election officials regarding election
procedures and to receive an answer or be directed to the appropriate official for an answer.
However, if persistent questioning disrupts the execution of their duties, the board or election offi-
cials may discontinue responding to questions.
10. You have the right to report any Illegal or fraudulent activity to a local elections official or
to the Secretary of State's Office.
If you believe you have been denied any of these rights, or you are aware of any election fraud or
misconduct, please call the Secretary of State's confidential toll-free Voter Protection Hotline at
1800-345-VOTE (8683).
CALIFORNIA SECRETARY OF STATE DEBRA BOWEN
Any voter has the right under California Elections Code Sections 9295 and 13314 to seek a writ of
mandate or an injunction, prior to the publication of the Voter Information Pamphlet, requiring any or all
of the materials submitted for publication in the Pamphlet to be amended or deleted.
88 38CP88EN-JOB
II mllllll.lm!IIIIIIIIIIIIIIIIU
Information on Local Ballot Measures

DIGEST AND ARGUMENT PAGES
On the following pages, you will find information about local ballot measures. For each measure, a digest has been
prepared by the Ballot Simplification Committee. This digest Includes a brief explanation of "The Way it is Now," what each
proposal would do, what a "Yes" vote means, and what a "Non vote means. Also included Is a statement by the City
Controller about the fiscal impact or cost of each measure. There is also a statement of how the measure qualified to be
on the ballot. Following the ballot digest page, you will find arguments for and against each measure.
NOTE: All arguments are strictly the opinions of their authors. They have not been checked for accuracy
by the Department of Elections or any other City official or agency. Arguments and rebuttals are
reproduced as they are submitted, Including any typographical, spelling or grammatical errors.
PROPONENT'S AND OPPONENT'S ARGUMENTS

For each measure, one argument In favor of the measure ("Proponent's Argument") and one argument against the
measure ("Opponent's Argument") is printed in the Voter Information Pamphlet free of charge.
The designations uProponent's Argument" and "Opponent's Argumenf' Indicate only that the arguments were selected in
accordance with criteria in Section 540 of the San Francisco Municipal Elections Code and were printed free of charge. The
Director of Elections does not edit the arguments and makes no claims as to the accuracy of statements in the arguments.
SELECTION OF PROPONENT'S AND OPPONENT'S ARGUMENTS

The Proponent's Argument and the Opponent's Argument are selected according to the following priorities:
1. The official proponent of an initiative petition; or the Mayor, 1. For a referendum, the person who files the referendum
the Board of Supervisors, or four or more members petition with the Board of Supervisors.
of the Board, if the measure was submitted
by same.
2. The Board of Supervisors, or any member or 2. The Board of Supervisors, or any member
members designated by the Board. or members designated by the Board.
3. The Mayof. 3. The Mayor.
4. Any bona fide association of citizens, or combination of 4. Any bona fide association of citizens, or combination of
voters and association of citizens, any Individual voter. voters and association of citizens, any individual voter.
REBUTTAL ARGUMENTS
The author of a Proponent's Argument or an Opponent's Argument may also prepare and submit a rebuttal
argument. Rebuttals are also the opinions of the author and are not checked for accuracy by the Director of Elections or
any other City official or agency. Rebuttal arguments are printed below the corresponding Proponent's Argument and
Opponent's Argument.
PAID ARGUMENTS
In addition to the Proponents' Arguments, Opponents' Arguments, and rebuttals, which are printed without charge, any
eligible voter, group of voters, or association may submit paid arguments.
Paid arguments are printed in the pages following the Proponents' and Opponents' Arguments and rebuttals. All of the
paid arguments in favor of a measure are printed together, followed by the paid arguments opposed to that measure. Paid
arguments for each measure are printed in order of submission.
Arguments and rebuttals are solely the opinions of their authors. Arguments and rebuttals are not checked for accuracy
by the Director of Elections, or by any other City official or agency. Information about those submitting arguments is
available from the Department of Elections.
89
3BCP69EN..J08
mIIIBIIYIIIIIIUIIII Ulllllllllll U
Words You Need to Know

by the Ballot Simplification Committee
LISTED BELOW ARE DEFINITIONS OF TERMS:
ABSENTEE (VOTE-BY-MAIL) BALLOTS (FREQUENTLY ASKED EARLY VoTING - Voting in person at City Hall before election
QuESTIONS) - Ballots mailed to voters or given to voters in day or mailing a vote-by-mail ballot before election day. See
person at the Department of Elections. Absentee ballots can be page 7 for more information.
mailed back to the Department of Elections, turned in at the
Department of Elections office in City Hall, or turned in at any ENVIRONMENTAL REVIEW PROCESS (PROPOSITION G) - A public
San Francisco polling place on election day. Also known as informational process required under the California
vote-by-mail ballots. See page 7 for more information. Environmental Quality Act for a government agency to con-
sider the physical changes to the environment that a proposed
ALICE GRIFFITH HOUSING DEVELOPMENT (PROPOSITIONS F AND project may cause before it is approved.
G) - The public housing, also known as Double Rock, which
the Housing Authority of the City and County of San Francisco GENERAL OauGATION BoNo (PROPOSITION A) - A promise
owns and operates on Candlestick Point for very low income issued by the City to pay back money borrowed, plus interest,
families. by a certain date. When the City wants to raise money to pay
for a large public project, it can borrow money by issuing
AMEND (PROPOSITIONS A, B, C, D AND E) - To change. General Obligation Bonds. The City then repays the money
plus interest over a period of years with property taxes. General
BAYVIEW (PROPOSITIONS F AND G) - The Bayview Hunters obligation bonds must be approved by the voters.
Point neighborhood of San Francisco.
GREEN OFFICE (PROPOSITION G) - An environmentally SUS
CANDLESTICK POINT (PROPOSITIONS F AND G) - Area in the tainable office development that includes buildings designed
Bayview (see Exhibit A, pages 161 and 166). and built for energy efficiency and that incorporates non-pollut-
ing building materials; or an office housing an organization that
CHARTER AMENDMENT (PROPOSITIONS B, C, D AND E) - A promotes energy efficiency or conservation.
change to the City's Charter. The Charter is the City's
Constitution. The Charter can only be changed by a majority of HUNTEFIS POINT SHIPYARD (PROPOSITIONS F AND G) - Former
the votes cast. federal naval base in the Bayview (see Exhibit A, pages 161
and 166).
CoMMISSION ON THE STATUS OF WoMEN (PRoPOSITION D)- A
Charter-created City commission charged with developing and INFRASTRUCTURE (PROPOSITION G) - The basic facilities and
recommending policies and practices for the City and County services needed for the functioning of a community, such as
to reduce the particular impacts on women and girls of prob- transportation and communications systems, and water and
lems such as domestic violence, sexual harassment, employ- power tines.
ment and health care inequity, and homelessness. The
Commission also advocates on behalf of women and girls in INITIATIVE (PROPOSITIONS F AND G) - A proposition placed on
such areas. the ballot by voters. Any voter may place an Initiative on the
ballot by gathering the required number of signatures on a peti-
COMPOUND (PROPOSITION B) -To compute interest on the tion.
sum of the principal and any previously computed interest that
has been added at regular intervals. MASTEfl TEACHEFIS (PROPOSITION A) - Experienced teachers
with proven success at Increasing student achievement who
CONCEPTUAL fRAMEWORK (PROPOSITIONS F AND G) -A pre- act as models and mentors for other teachers. These teachers
liminary outline for a proposed real estate development project, are assigned to high need schools where they work directly
including: a description of the objectives that the project is with students as classroom teachers and spend at least 20%
intended to achieve, the general location and type of land uses of their time directly supporting other teachers.
that would be developed, and the infrastructure that would
serve those uses, such as street layout, transportation and
open space improvements.
(continued on the next page)

90 3BCP90EN..J08
IIIIIIBIIIIIUUIIIIDIII~R~DIIRMIImm
WORDS YOU NEED TO KNOW (continued)
MIXED-USE PROJECT (PROPOSITIONS F AND G) - A real estate SAN FRANCISCO MEDIAN INCOME (PROPOSITION F)- A level of
development that has multiple significant uses in the project income based on all incomes earned within San Francisco.
site, such as housing, office buildings, research and develop- Half of all San Francisco households have incomes above this
ment facilities, retail spaces and parks. level and half have incomes below this level.
MoRAL TURPITUDE (PROPOSITION C) - There is no precise SoLICIT (PROPOSITION H) - To try to get something by ask-
definition. Generally, a crime involving moral turpitude is one ing.
that reveals a person's dishonesty, readiness to do evil, bad
character, or moral depravity. The courts decide this on a case- TANGIBLE (PROPOSITION G)- Something recognizable, real or
by-case basis. Examples would include crimes (misdemeanor concrete.
or felony) involving theft, fraud, or breach of public trust.
VESTING ALLOWANCE (PROPOSITION C) -A benefit option avail-
OPEN SPAcE (PROPOSITION G) - Land that is not developed able to a worker who terminates employment before retirement,
for private uses, including land in a natural state that is dedi- has 5 or more years of service, and elects to leave all contribu-
cated to the public. tions with the Retirement System rather than have them
refunded.
OPTIONAL ExEMPTION (PROPOSITION A) - To choose to with-
draw froin an obligation, duty, or liability to which others are VOLUNTARY DISCLOSURES (PROPOSITION D) - freely revealed
subject. or uncovered.
ORDINANCE (PROPOSITIONS f, G AND H) - A local law passed VOTING BY MAIL (FREQUENTLY ASKED QUESTIONS) - Also
by the Board of Supervisors or by the voters. known as absentee voting. See page 7 for more information.
OVERSIGHT (PROPOSI110N A)- Watchful care or management;

supervision.
PARCEL TAX (PROPOSITION A) - A tax that is based on a flat

fee for each unit of real property that receives a separate tax
bill.
PEER AssiSTANCE AND REVII:W PROGRAM (PROPOSITION A) -

Teacher coaches provide peer support for new teachers as well
as veteran teachers whose evaluations reflect less than satis-
factory performance. Teachers are required to meet certain
standards In order to exit the program and continue in the
classroom. This program is a collaborative effort of the School
District and its teacher and administrative unions to support
and renew quality teaching In every classroom.
PROPOSITION (PROPOSITIONS A THROUGH H) - Any measure

that is submitted to the voters for approval or disapproval.
QuAUAED WRrrE-IN CANDIDATE - A person who has com-

pleted the required paperwork and signatures for inclusion as a
write-in candidate. Although the name of this person will not
appear on the ballot, voters can vote for this person by writing
the name of the person in the space on the ballot provided for
write-in votes. The Department of Elections counts write-In
votes only for qualified write-in candidates.
38-CP91-EN-J08
n
~IIUIIIIIII~IIIII ~011111111 I 91
Changes Affecting Voter Registration

Confidential Voter Records
Changes to Permissible Uses of Voter Registration Information
Beginning in 2006, state law changed the way personal information supplied by voters for the pur-
pose of completing a voter registration affidavit can be used. To protect your privacy and the integ-
rity of voting, new laws that took effect in 2006 create safeguards for voter records as follows:
w
Information on your voter registration affidavit will be used by
elections officials to send you official information on the voting
process, such as the location of your polling place and the IDENTIFICATION
issues and candidates that will appear on the ballot. Commercial
use of voter registration information is prohibited by law and is a
misdemeanor. Voter information may be provided to a candidate
for office, a ballot measure committee, or other person for elec-
tion, scholarly, journalistic, political, or governmental purposes,
as determined by the Secretary of State. Driver's license, state
identification and social security numbers, or your signature as
shown on your voter registration form, cannot be released for these purposes. If you have any
questions about the use of voter information or wish to report suspected misuse of such informa-
tion, please call the Secretary of State's Voter Protection and Assistance Hotline:
1-800-345-VOTE (8683).
Additionally, any person obtaining information on your voter registration affidavit shall not send that
information outside of the United States or make it available in any way electronically to persons
outside the United States, including, but not limited to, access over the Internet.
Secretary of State's "Safe At Home" Program

Certain voters facing life-threatening situations may qualify for confidential voter status. For more
information, please contact the Secretary of State's "Safe At Home" program at 877-322-5227, or
visit the Secretary of State's Web site at www.ss.ca.gov
38CP131-EN-J06
IIIIIUIIIIIIIIUIIUIIIIIIIIIIIUIIIU IU~IIIUm 131
Important Election Dates for the

June 3, 2008
Consolidated Statewide -Direct Primary Election
.. Deadline to register to vote (see page 16): May 19, 5 p.m
.. Deadline to change party affiliation (see page 6}: May 19, 5 p.m.
.. Deadline to notify Department of Elections of address change: May 19, 5 p.m.

(see page 16)
.. First day of Early Voting at City Hall (see page 7): MayS
.. Weekend Early Voting at City Hall (see page 7): May 24-25
May 31-June 1
., Deadline to request a vote-by-mall ballot (see page 7): May 27, 5 p.m.
~ Deadline for new citizens to register and vote (see page 16): May 27, 5 p.m.
~ Election Day: June 3, 7 a.m. to 8 p.m.
172 38CP172-EN-J08
IIIIIIIIIII.IUIIIIIHUIIIIIIIIII
Ballot Worksheet
Fill in your choices - Cut out and talce with you to the polls
Not all voters are eligible to vote on all partisan contests. Your sample ballot includes the contests For
which you are eligible to vote. For more information, see page 6 and your sample ballot.
OFFICES
PARTISAN OFFICES
United States Representative Vote for one
State Senator Vote for one
Member, State Assembly Vote for one
Members, County Central Committee The spaces to the right allow For
the maximum number of County
Cenlrcrl CommiHee condiclates
for which any volar may vote.
Please refer to your sample bal
lot for the number of candidates
for which you may vole.
NONPARTISAN OFFICES
Judge of the Superior Court, Seat #12 Vote for one
Notes:
tn.e hallot worlcslaeef continues on lfte next page}
I 38-GP173-EN..J08 iiiiiiiiiiiiBJIIIIDmiUIII mIIU~IIIImiiUI 173

Ballot Worksheet (continued}

Fill in your choices - Cut out and take with you to the poll
PROPOSITIONS
TITLE YES NO
98 : Eminent Domain. Umits on Government Authority. Initiative Constitutional Amendment.
99 : Eminent Domain. Limits on Government Acquisition of Owner-Occupied Residence. Initiative
Constitutional Amendment.
A :School Parcel Tax
B : Changing Quali~cations for Retiree Health and Pension BeneAts and Establishing a Retiree
Health Care Trust Fund
c : Forfeiture of Retirement Benefits for Conviction of a Crime Involving Moral Turpitude in
Connection with City Employment
D : Appointments to City Boards and Commissions
E : Requiring Board of Supervisors' Approval of Mayor's Appointments to the Public Utilities

Commission and Creating QualiAcations for Commission Members
F : Affordable Housing Requirement for the Candlestick Point and Hunters Point Shipyard
Mixed-Use Development Project
G : Mixed-Use Development Project for Candlestick Point and Hunters Point Shipyard
H : Prohibiting Elected Officials, Candidates, or Committees They Control from Soliciting or

Accepting Contributions from Certain City Contractors
Notes:
174 38-CP174-EN-J08
11111111111111111101111110 IUYIIIIIUIII
The Department of Elections makes every effort to print

Candidate Statements and Proposition Arguments exactly
as submitted - mistakes and all.
However, with all the items that are included in the
Voter Information Pamphlet, it is possible that we
have made a mistake of some kind in the layout and
printing process. If we learn of any substantial
errors on our part after the pamphlet has been
printed and mailed out, we will publish a correction
notice in local newspapers in the days preceding
the election.
I
If necessary, a correction notice will appear in the Public Notices

section of the San Francisco Chronicle and in Sing Tao Daily on
May 20,21 and 22, in El Reportero on May 21 and in El Mensajero
on May 25.
3B-CP175-EN..J08
BIIIIIIIII.IMIIDIIIIIIIBIIIIIII 175
PLAINTIFF'S DECLARATION IN SUPPORT OF THE MEMORANJ)UM OF LAW FOR

PLAINTIFF'S COMBINED l{ESPONSE TO DEFENDANTS' MOTION TO DISMISS
THEPETflcrON~CO~LMNT
ExhibitO
1211012016 Non-Ci~zen Voting in School Board Elections 1San Francisco Voter Guide
San Francisco Voter Information Pamphlet & Sample Ballot

Consolidated General Election
November 8, 2016
-*ftf11j1Jt Filipino Espanol sfelections.org b. Accessibility v
Search
II
Non-Citizen Voting in School Board

Elections
Shall the City allow a non-citizen resident of San Francisco who is of legal voting age
and the parent, legal guardian or legally recognized caregiver of a child living in the
San Francisco Unified School District to vote for members of the Board of Education?
Digest by the Ballot Simplification Committee

The Way It Is Now: The San Francisco Unified School District operates public schools in San Francisco
for students from pre-kindergarten through grade 12.
The San Francisco Board of Education oversees the School District, including
establishing educational goals and standards;
approving curriculum;
setting the district budget;
confirming appointment of all personnel; and
approving purchases of equipment, supplies, services, leases, renovation, construction, and union
contracts.
The Board of Education appoints a superintendent of schools, who is responsible for managing the day-to-
day administration of the district.
The Board of Education has seven members who are elected by San Francisco voters to serve four-year
terms. Elections for members of the Board of Education are held in November of even-numbered years.
San Francisco residents who are 18 years of age or older, United States citizens, and not in prison or on
parole for a felony conviction are eligible to register to vote in San Francisco elections.
The Proposal: Proposition N is a Charter amendment that would allow any non-citizen resident of San
Francisco to vote for members of the Board of Education if the resident:
is the parent, legal guardian or legally recognized caregiver of a child living in the School District, and
is of legal voting age and not in prison or on parole for a felony conviction.
htlp:llvr:AeTg<i de.sfelecti ons.org/enlnon-eitizeo-voti ng-school-board-elections 113
1211!N'2018 Non-Citizen Votl~ in School Board Sections 1San Francisco Voter Glide
Proposition N would apply to the November 2018, 2020 and 2022 elections for members of the Board of
Education. The measure would expire after the 2022 election unless the Board of Supervisors adopts an
ordinance allowing it to continue .
.A "YES" Vote Means: If you vote uyes," you want to allow a non-citizen resident of San Francisco who is
of legal voting age and the parent, legal guardian or legally recognized caregiver of a child living in the
San Francisco Unified School District to vote for members of the Board of Education.
A "NO" Vote Means: If you vote "no," you do not want to make this change.
Controller's Statement on "N"

City Controller Ben Rosenfield has issued the following statement on the fiscal impact of Proposition N:
Should the proposed Charter amendment be approved by the voters, in my opinion, there would be an
additional cost, as estimated by the Department of Elections, of a minimum of $160,000 per election to
print and distribute voting materials, train poll workers and separately register people who would become
eligible to vote in School Board elections. Should the election take place by absentee ballot only, which
would require a subsequent ordinance by the Board, costs may be reduced to approximately $110,000, in
addition to any costs associated with registration processes.
The amendment would permit non-citizens 18 years of age or older who have children residing in the San
Francisco Unified School District to vote in the elections for the School Board. The amendment would
sunset on December 31, 2022, but could be extended by ordinance.
How "N" Got on the Ballot

On July 26, 2016, the Board of Supervisors voted 10 to 1 to place Proposition Non the ballot. The
Supervisors voted as follows:
Yes: Avalos, Breed, Campos, Cohen, Kim, Mar, Peskin, Tang, Wiener, Yee.
No: Farrell.
This measure requires 50%+1 affirmative votes to pass.
The above statement is an impartial analysis of this measure. Some of the words used in the ballot digest are explained
in Words you need to know>. (/node/352)
0 t' A t A . t P T N
A BAD LEGISLATIVE PROPOSAL- REPEATEDLY DEFEATED AT THE POLLS- THIS ILLEGAL

MEASURE CALLS FOR NON-CITIZENS TO BE ALLOWED TO VOTE IN SAN FRANCISCO BOARD
OF EDUCATION ELECTIONS:
htlp://voterglide.afelections.orglenfnon.cilizen-voti~school-board-electlons 213
121100016 Non-Citizen Voting in School Board Elections 1 San Francisco Voter Guide
Like a bad penny, this illegal proposal in violation of the California Elections Code has already been
twice defeated by increasing majorities of San Francisco electors- but keeps coming back! II: It was
defeated in 2004 and 2010.
This unwise measure calls for non-citizens and illegal aliens to vote in San Francisco elections for the
Board of Education. Vote "NO I" on Proposition N.
This proposal seeks to even allow even illegal aliens on the way to the airport for deportation to cast
their absentee ballots for Board of Education as they leave the United States of America.
Needless to say, American citizens living abroad are not allowed to take part in foreign nations' board
of education or other elections.
It remains an open question whether at some future date the United States federal government might
consider entering into formal treaties with Canada, Mexico, or other closely allied nations to allow
American citizens in those countries and legal foreign aliens from those nations to vote in local board
of education, city council, or other elections. These are major federal foreign policy questions ... and
American citizens should of course be granted equal rights with foreign citizens. Don't vote for this
misguided ballot measure.
Dr. Terence Faulkner
United states President's Federal Executive Awards Committeeman (1988)
*For identification purposes only; author is signing as an individual and not on behalf of an
organization.
Arguments are the opinions of the authors and have not been checked for accuracy by any ofliclal agency.
Arguments are published as submitted. Spelling and grammatical errors have not been corrected.
R b tt I t 0 t' A tA . tP s tion N
J
htlp:llvotergutdufelecti ons.orglenlnon-ci tizen-voti ng-school-board-electi ons
PLAINTIFF'S DE LARATION 1N SUPPORT OF HE MEMORANDUM OF LAW FOR

THE PETITION Wim COMPLAJNT
Exhibit P
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Secretary of State
State of California
Election Voter Complaint Form
Important: Please type or clearly print the information on this form.
Complainant lnformatiorr
First Name [Frances - - - - -- - - - - - - - - - - - - - - - ,
LastName ~jA_u_st_in_ _ _ _ _ __ _ __ _ _ _ _ _ _ _ _ _ _ _ _~
Street Address j754 Via Colinas IApt. # .-L-----,
City lwestlakeVillage I State ~ Zip Codel'9-13_6_2 - - - - - - .
Oayiime Phone Number (include area code) 1(805)374-8253
~======================~
Evening Phone Number (include area code) j_sa_m_e_ __ _ _ __ _ _ _ _ _ _ _ _ _ _ _ ____.
Emailjfran3335@aol.com
Person(s) or Organization(sl Against Whom Complaint Is Brought
Name(s) Tammy, Agnes at Ventura County Elections Division, Secretary of State and CA Assembly Members
Organization(s) State of CA Elections Division. Ventura County, Secretary of State, Sacramento
Position(s) of person(s) (if applicable) VC Elections Division, above referehced SOS, CA Assembly Members
Statern.ent~of/Facts'
,, "'<'-- v,.
Date(s) and time(s) of alleged event(s) occurred Beginning 10/27/16, during election, 11/08/16, and to date
;;~c: --::sand phone calls made repeated I:,. and ignored; no response. Calls re AB 1461 prior to election also ignored.
'-:~-:en( s) of alleged event(s) !.t -=lection Precinct 0008238

--------------------------------------------------------~
~~and ph.one numbers of whnes.ses or other victims (if applicable) I
Robert, Michael, Kitty, Julia
ch additional sheets)
"-~~ore Election Day I received a VOTE BY M.!J;:_ P'CK.\IANENT BALLOT. I called Tammy at VC (805)654-2768 to dfspute. She had
.:...?"'e5 at (805)654-2664, who said nothing co:>._,,.-: ~ CrP'= <:a 're-register" before election day. Both Tammy and Agnes insisted I ap
GNUNE FOR PERMANENT VOTE BY t.WL 5T.A.T,, 5. 1 CO ~-iGT..~t election, at least a dozen other voters were not allowed to vote
except provisionally, .:hough they also d;c ---:::: ~c,:-~ -~~t VB~.t had no letter or info re same, but were stated so on the roster. 0
1
also had no notice of their Polling Pl.::~. );:...--:: ~~ ~~~ ~ace5 "''=''e :'Jrned away; some thus did not vote; most had to vote
provisionally. I later confirmed u;:i:': r:~v-'9 '~'l w._~~ ::h.~ ~;::, we!e an unusually high amount of Provisional Ballots cast."
l
Describe Your Complaint (if necessary, attach additional sheets)- Continued
Trail Report) at the de5ignation "Rep" DONALD TRUMP'S NAME WAS OMITTED FROM THE TAPE. I showed it to Inspector, Robert, w
said, ''I've never seen anything like this before." Clerks Kitty and Julia were also made aware. I do not know what action was taken by
them, but, without a phone myself, I could not take a picture or call anyone just then. I did call Roving inspector, Michael, re that iss
and was told, "It's just a computer glitch". A copy of that tape was to be posted outside the fire-station along with the Moster Roster
for i.l 24 hour period.! called the Fire Station that next day to ask them to retrieve the postings. However, when I came to get them,
the tape, with the missing and omitted name of DONALD TRUMP, was nol there. Our firefighters heroes were most helpful through
and they searched for the tape to no avail. I called VC Elections Divisions at least 5 times to repo1t this- no response. I called Secy of
State office as well- no response to issue.! also called SofS re the enacting of Assembly Bill1461, ENACTED DURING A CURRENT EL
'!cte in this election, thus abridging my I ulllegill citizens' 'full weight and power of our vote. This is AN UNCONSTITUTIONAL AND
i ilLEGAL. ACTION on the part of the State of CA by v;hich ,both ethically and legally, both votes and electors cannot be counted in t
2016 election and continuing forth until such violation of Federal Election laws and the US Constitution is terminated. (e.y. 14th A
Sec.112 Unlawful Transportation -re the 19861mmigration Reform Act. US Code Sec. 611, Voting by Aliens (a).)
Cl\ and their 55 Presic2ntial Electors should be disqualified re this election and until such time as correction is made.
Signature - I acknowledge that aU of the above .information is true and accurately reflects the
matter in question, to the best of my knowJed9e;
3 _ -=- Date fn/28/16

------------------------------------------~
Return ihis film to:

Car o S-ecretary of State
I estigative Services
1500 11th Street, 2nd Floor, Sacramento, CA 95814
Fax: (916) 653-8728
For more information or assistance:
English: (916) 657-216.6 or (BOO) 345-VOTE (8683)
Spanish: (800) 232-VOTA (8682)
www.sos.ca.gov
Print Form
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Secretary of State
Investigative Services
1500 11th St, Seco~d Fioor, Sacramento, CA 95814
February 6, 2017
Frances Austin
754 Via Gelinas.
Westlake Village CA, 91:362
Dear Frances Austin:
Thank you for your written complaint received November 30, 2016 through Bruce
Bruno. We reviewed your complaint for evidence of any Election Code violations.
Every complaint received by our office is carefully reviewed for evidence of any
criminal violations.
After careful review of your complaint and all provided materials we have
determined there has been no criminal violation of the California Elections Code,
however; this issue has been brought to the attention of the Registrar of Voters
for your jurisdiction and will be addressed through them.
If you believe that criminal acts have been committed such as forgery,
embezzlement, theft, etc., such matters should be referred to the local authorities
or the District Attorney's office in the State and County where the fraudulent acts
allegedly occurred.
Sincerely,
Caiforrua Secretary of State

Investigative Servi~
WNW .sos .ca .gov
(916) 657-2166
Secretary of State
1500 11 111 St, Second Floor, Sacramento, CA 95814
March 7, 2017
Frances Austin
754 Via Colinas
Westlake Village CA, 913&2
-- -- ..
....._. -
Dear Frances Austin,
Thank you for your written complaint received February 6, 2017 received via the
Office of California State Senator Henry Stern. We reviewed your complaint for
evidence of any Election Code violations, Every complaint received by our office
is carefully reviewed for evidence of any criminal violations.
The Secretary of State's office has c;:oncluded there is no evidence of a criminal

Elections Code violation. On the basis of the information you provided in your
complaint, we have determined that there is insufficient evidence that would merit
an investigation at this time. We were not able to develop any credible
information that would sustain any further inquiry into your complaint.
Thank you for bringing this matter to our attention. If you should discover any
new or compelling information: please feel free to send a completed complaint
form. Absent any other leads this inquiry is now closed .
., ._ : =
Martin K. Deffee, Chief Investigator
California Secretary of State
Elections Fraud Investigation Unit
Investigative Services )
www.sos.ca.gov
(916) 695-1255

THE PJ!4TITION WITH COMPLAINT
ExhibitQ
)
:uprrme <!!ourt uf t~e .tute of New t}or.k

1\ppellnt 11Jiuisiol1:.~ecoub 3Jubicin1 aepnrtment
M170416
E/sl
PETF.R B. SKELOS, J.P.
lllOJ'vfAS A. DTCK.ERSON
JOHN M. LEVENTHAL
L. PRISCILLA liALL, JJ.
2012-05515.2013-06335,2014-00297 DECISION & ORDER ON :V!OTION
ChristophetEarl StriJnk. uppcUant,

v New York Stat~ Board of Elections,
ct at., rcspondcms.
(lnJc:x No. 6500/11)
Motion by the appelhmt pro se, inter alia, ..forci"tUiiln due pttlAASs ofla~: on appeals
from three orders of the Supreme (\Hirt. Kings County, dated April II, 2012, :\fal'ch 29. 2013, and
December <J, 20 13, respecti\'cly.
Upon the pupcrs likt.l iu suppnrt of the motion and the papcr5 filed in opposition
thereto. it is
ORflER.ED lhtlt the mmion is denied; awl it is further,
ORDERED thnt on the Court's O\Vn motion, the uppellilllt's timt! to pcrfcctthc appeal
from lhc onkr dated March 29.2013 (Appellate Division Docket No. 2013-06335). is enlarged until
1\lay 5, 20 I 4, anti the record or <lppcnJix and the app'"llnnt's brief must J:,e served ami filed on or
he fore that date.
SKELOS, J.P., DICKERSO~, LEVEN I HAL and HALL, JJ., concur.
E~TER:
~&:n~ Clerk of the Court
March 4, 2014
STRUNK v NEW YORK STATE BOARD OF FI.ECTIONS
Four Judge Panel ofNYS Appellate Court admits it is unable to provide "for civilian due process of law"
when under statutory national emergency of 12 USC 95 and 50 USC App. 5(b) proclamation 2040 of FDR and
continuing under POTUS Commander-in-cl(~x:cu~~~ defacto Federal and State Courts.

Exhibit R
)
United States Court of Appeals

for the Armed Forces
Washington, D.C.
In re USCA Dkt No. 16-0512

Christopher E.
Strunk,
and DOCKETING NOTICE
Eric J.
Phelps,
Petitioners ORDER
Notice is hereby given that a petition under Rule 67(C) for a 28 USC 1651
special writ of mandamus and injunctive equity relief in the matter of the breach of
contract in 1999 with repeal of the Glass-Steagall Act during the National Banking
Emergency or Time Of War and National Emergency Mandates by the De facto
Commander-in-Chief, under the Hague Convention, United States Army Field
Manual for Civil Affairs Operations, Uniform Code of Military Justice, and
Constitution of the United States of America was filed under Rule 27(a) on May 2,
2016, and placed on the docket this 5th day of May, 2016. On consideration
thereof, it is, by the Court this 5th day of May, 20 16J
ORDERED:
That said petition is hereby dismissed for lack of jurisdiction; and

Strunk, et al., Docket No. 16-0512
That, no further filings will be accepted or docketed by the Court on this
matter.
For the Court,
Is/ William A. DeCicco

Clerk of the Court
cc: Petitioners (Pro Se)
2
PLAINTJFF'S DECLARATION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

ExhibitS
CIVIL AFFAIRS IN
TIME PHASES
HOSTILITIES
RELATIONSHIP TO CIVIL GOVERNMENT (POLinCAL ECONOMIC-
SOCIAL MATTERS)-A PRIMARY RESPONSIBILITY OF THE MILITARY
SUPPORTED BY OTHER DESIGNATED US AGENCIES
''
'
IMPLEMENT '
NATIONAL
POLICIES
: . ' ..
PEACETIME
RELATIONSHIP TO CIVIL GOVERNMENT (POLITICAL. - ECONOMIC-
SOCIAL MATTERS)- A PRIMARY RESPONSIBILITY OF DESIGNATED
US AGENCIES SUPPORTED BY THE MILITARY
Figure 1. Civil arfalr!J II' ltmu pl&at:ll,,
.\GO ll147D 17

THE PETITION WITH. COMPLAINT
ExhibitT
4
w Department of
RK
~TE Motor Vehicles
6 EMPIRE STATE PLAZA ALBANY, NY 12228
November 4, 2016

141 Harris Avenue
Lake Luzerne, NY 12846
Re: Freedom of lnformation Law Request #2016-4195
Dear Mr. Strunk:
Your records request of August 25, 2016 has been processed. The status of your completed FOIL
request is as follows:
P~rsuantto.New 'lark .State Vehicle and Traffic Law {VTL) 201. the statutory retention period for
the i:fata you bave reqt,~ested is four (4] years: therefore, the last twenty years of data is not
available.
We have compiled the data for the last four years that is responsive to the foliowing items in your
FOIL request:
Item 1 (bl Traffic fatalities, OWl. plus amount paid of fine for punishment (please
note that the number of traffic fatalities and DWJ arrests for each county are
available by accessing the links provided below; a spreadsheet showing the amount
of the fines paid is enclosed);
Item 1 (e) Private persons license suspended then returned in each county;
Item 1 (g) Suspended due to speeding in non-commercial vehicle; and
Item 2 (b) Suspended due to failure to pay child support.
Data on alcohol and drug related crashes and fatalities, as well as licenses and registrations issued
can be found on DMV's website: https://dmy.ny.~ovjabout-dmv/statisticctl-summaries.
Data regarding DWI arrests is available on New York State's Open Date website:
https: I /data.n y.~ov /Transp01tation /Traft!c-'T'ickets-lssued-Pour-Year-Windowfq4hy-kbtf.
The information you arc seeking in your request, (1) (c) and (d) is not available; DMV does not
store occupation or employment information for motorists.
It is unclear what data you are seeking in your requested items (1) (f): "suspended in each county
due to safety violation past ten" and (2) (a), (2) (c), (2) (d) and {2) (e): "suspended due to
infraction of administrative process"; "Taken due to inability to pay child support"; "Taken
because unable to pay any type of debt to state"; and "Take in each county due to child support".
www.dmv.ny.gov
FOIL requests must reasonilbly descrlbt! ~e rec~;tr.t{sl::ieln~ ~Q)lgljt (Public Officers Law
(95)(b)(tl)), ' ..
We have enclosed a Paymen Request. We will release.du:t recordsdesalbedabove once we have

received your payment. Please remit payment to the address pnnteclatthe top of this letter. You
may include a copy of the enclosed Payment Request i(you choose to pay by credit card.
Very truly yours,
L~T~
Records Access Officer
NYSDMV
6 ESP - Room 327
Albany, NY 12228
Ph: (518) 474~0621
Ljsa.Turnbull@dmy.ey.~mv
Enclosure
\YWW.dmv.ny.sov
New York State Department of Motor Vehicles

FOIL Payment Request
Billing Date FOIL Number

1114/2016 16 4195

The Vehicle and Traffic Law requires payment of a
141 Harris Avenue $10 non-refundable search fee for most DMV
Lake Luzerne. NY 12846 records. This fee must be paid whether or not DMV
can find the record(s) that is/are being requested.
The law also requires payment of a $1 copy fee for
each page of a record that DMV provides (a "page"
means both sides of a sheet of paper).
Descriptil_!ll ofR_e_,q._u_e~_t._
- - - - - - - - ___
a copy of the last lweny years of data free of any personal infom1ation
sorted by county for all licenses in NYS for: $10.00
Commerical and non commercial licenses issued including Cab Train Bus Search Fees
Traff1c fatalities. OWl, plus amount paid of fine for Punishment
Total Pages e @ $1 /pagc S8.00
State employees license suspended but returned
Elected officials license suspended but returned
Private persons license suspended then returned in each county Disk Fee so.oo
so.oo
To Pay by 0 MaslerCard Ovisa Other fee
Cretlit Cllrtl: 0 American Express 0Discover
Ilourly
Salary Grade Hours Rate Labor
Credit Card No.
18 e.ooi X S51 st = - $309.66
- --
Expiration Date Pub Iication/Mannal so 00 .
Zip Code a'isociated with Card Total Fee S327.6G
Cardholder
- - - - -- - SO. DO
Amount Paid To Oat~
Signature
Refund: $0.00
PLEASE RETURN THIS FORM WITH YOUR
$327.66
PAYMENT. IF YOU DO NOT REPLY WITHIN 30 Balance Due
DAYS (12/212016), WE WILL CLOSE THE FILE ON 12/2/2016
THIS REQUEST. Payment Due By
Your record(s) request lias bee11 processed. lfowe~er, you
Return To: NYS Department of Motor Vehicles :m11st pay the ''BALANCE DUE" before we catr release tile
FOIL Office, Room 222 )record(s) to you.
6 Empire State Plaza
Albany, NY 12228
PJR
l\1V -520.2 ( 12/06)
fiiday. No11e1nhl!r 04,1016
4
w Department of
RK
ATE Motor Vehicles
FREEDOM OF INFORMATION LAW OFFICE
6 EMPIRE STATE PLAZA. ROOM 222. ALBANY, NY 12226
October 19, 2016

141 Harris Avenue
Lake Luzerne} NY 12846
Re: Freedom oflnformation Law (FOIL) request# 20164195
Dear Mr. Strunk:
On August 25, 2016, you requested:
1. The last twenty years of data free of any personal information, sorted by county for all license
in the state of New York for:
a. Commercial and non-commercial licenses issued, including Cab Train Bus
b. Traffic fatalities, DWI, plus amount paid for fine for punishment
c. State employees license suspended but returned
d. Elected officials license suspended but returned
e. Private persons license suspended then returned in each county
f. Suspended in each county due to safety violation past ten
g. Suspended due to speeding in non-commercial vehicle
2. The last t\.venty years of data free of any personal information sorted by county for al
Commercial Drivers Licenses:
a. Suspended due to infTaction of administrative process
b. Suspended due to failure to pay child support
c. Taken due to inability to pay child support
d. Taken because unabLe to pay any type of debt to state
e. Take in each county due to child support
3, The last twenty years of data free of any personal information sorted by county for all foreign
licenses suspended due to tickets in commercial vehicle and or money owe in state New
York.
On August 25} 2016 we told you that it could take 40 business days to complete your Freedom of
Information request.
We will need an additional 20 business days to complete your request. The reasons for this delay
are that our office is waiting for records to arrive from another office, and the amount of data you
have requested is substantial.
Respectfully,
Representative
Freedom of Information Law Office
www~dmv.ny.gov
MIJ-301 {2102)
NEW YORK STATE
DEPARTMENT OF MOTOR VEHICLES
Dep!Jtment O'f Meter V1 S 00.4H~

FOIL encl SUbpoena Unit
6 Empire State Plaza; Am 327
AftMmr, NY. ~ .,fill~ 'l()f L. _orrurJL.
ii-i I d wo~ NtZ
f-LUu. ~I N~ !0~
1:2Ei45.::1 72i RGOi lJIIIII lr '"'''''" rllrulll I 'I'll" ullall ljlllJip Hrll I,,,,
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PLAINTIFF'S DECLARATION IN SUPPORT OF 1JIE MEMORANDUM OF LAW FOR

ExhibitU
)

FOR THE NORTIIERN DISTRICT OF NEW YORK
Civil Cue No: 1: 16-ev-1496 (BKS I DJS)
-------------~----~--------------------- ----.
Jn the matter of:
CHRISTOPHER EARL STRUNK, Individually of New York;
versus
THE STATE OF CALIFORNIA with Edmund Gerald "JERRY" BROWN Jr., IndividuaJly
and as Governor; and Alejandro "ALEX" PADILLA. Individually and as Secretary of State
(SOS); THE STATE OF NEW VORK with ANDREW M. CUOMO, Individually and as
Governor; THE STATE OF NEW YORK BOARD OF ELECTIONS; THE CITY OF
NEW YORK (NYC); Warren "BILL DE BLASIO" Wilhelm Jr. Individually and as the
Mayor of NYC; THE NYC BOARD OF ELECTIONS; NATIONAL ARCHIVES AND
UNITED STATES DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS;
. ---------------------------------------------------------x
ROBERT KENNETH DORNAN AFFIDAV1T
I, Robut Keaoetb Dor.u.11., state, declare and affmn as a witness in support QfPlaintiffs Petition with
Complaint that the following matters I believe it to be true, am available for testimony, and that the
grounds of my belief.-; as to all matters nor stated upon infonnation and belief are as follows: 3nt parties,
books and records, and personal knowledge under penalty of perjury with 28 USC 1746:
AJ penoaal bAckground
I. l am a former CongressmM born in New York City on ; 'i<..Eu~ ilL to Harry Joseph and
Gertrude(Mickey) McFadden Doman. The middle of three sons, I manied Sallie Hansen of Santa
Monica. California on her 21st binhday, '{--) Lf. J:...,> married 62 years on April 16, 2017. We
have five children and fifteen grandchildren, seven girls and eight boys, and five great-grandchildren,
1
Case 1:16~cv-01496-BKS-DJS Document 35 Filed 03/23/17 Page 34 of 39
three boys and two girls. After graduation from Loyola High School in Los Angeles in 1950, 1
attended Loyola University through 1952.
2. On 30 January 1953. at age 19, l volunteered for service in the United States Air force; and after
earning sihoer wings on I February 1953, I served as a fight~ pilot flying F~ I 00 SuperS~ wrth the
world's first supersonic jet fighter wing. In 1958, I left active duty and joined the California Air
National Guard as an F-86 Sabrejet pilot and an intelligence officer. achieving the rank of captain. As
a U.S. Congressman I co~piloted eve.ry aircraft in the U.S. military arsenal, including the B-2 "Spirit/'
B-1 "Lancer," U-2 "Dragon Lady". SR-71 "Blackbird," AV-8 "Harrier," F-16 "Falcon" 7times and F-
15E "Eagle" Limes, as well as the Israeli "Kfir,' and Israeli f-15 and Israeli F-16, the British
"Tornado", "Harrier," and ''Hawk," the French "Mirage," and ItaHan F-104 "Star Fighter". In 1994
flew as a co-pilot "guest" with the Blue Angels and Thunderbirds.
3. I produced and hosted my own television public: affairs programs in Los Angeles from 1965 to 1976
for "Tempo". In 1968 and 1969, 1 was awarded Emmys for hosting a live four hour daily political
)
discussion program. then four years of the "live" weekend "Robert K. Doman Show''. During the
1960s I was active in domestic civH rights, marched with Martin Luther King on 28 April 1963 in
Washington D.C. and registered black voters in the south in Mississippi and Alabama
4. l originated both the POWfMIA bracelet worn by more than 17 million Americans dwing and after
the Vietnam War and the "Prisoner of Conscience" bracelet worn for Soviet Jewish and Christian
dissidents in tho 1970s.
5. I was a news correspondent photo journalist who traveled extensively over 170 countries, including
12 food-relief night flights to Biafra in May 1969 (15 torus of Protein II Extract per flight). f also
traveled to Vietnam ten times, and Laos and Cambodia four times each during the Vi~tnam War, IUld
ten times to the USSR behind the Iron Curtain (8 times as a Congressman); and here to point as it
applies to this case Affirmant:
a. I was first elected to the U.S. House of Representative Congress in 2 November 1976,
representing California's 27th C.D. along the Pacific ooast in western Los Angeles County
2
and served from January 1977 to January 1983. (until the seat was cut into five pieces
attached to five other districts, thereby reapportioned out of existence)~
b. Among the many national security reasons that motivated me to run for Congress was to
defeat the Jesuit lawyer priest, Democratic Congressman from Massachusetts Robert
Frederick. Drinaa, SJ. (November IS, 1920- Januacy 28, 2007) who overtly and arrogantly
supported by law abortion (for all nine months) played a key role in the pro-abortion platfonn
becoming Democratic Party policy and the now advanced position of all politicians from
the Kennedy family and by whose casuistry he attempted to reconcile his position with
official Church doctrine by stating that while he, Coogressrnan Drinan was "personally
opposed to abortion", considering it "virtual infanticide," in his twisted reasoning Drinan
stated "its legaliry was a separate issue from its morality."
c. During the CA'tober 1979 visit of Pope John Paul Jl, Sallie introduced me while we were in
the White House receiving line on the North Lawn. I spoke to the Pope about Drin.an's
outrageously "sinful bad example". Pope John Paul said forcefully twite "Write to me, Write
to me." I did immediately! Within weeks the Holy Father directed that Father Drinan not seek
re-cl~tion or leave the priesthood. Drinan left Congress.
d. In 1982, I ran unsu~essfulJy for the U.S. Senate; having entered the race I0 months late, with
no campaign war-chest, but finished 4th in a field of 13 candidates.
e. In 6 November 1984, I defeated an entrenched liberal l 0 year incumbent to represent
California's 38th Congressional District in central Orange County. Much of the 38th District
was reapportioned into an even more Democratic 46th District in 1992, which I represented
until January 1997. During my entire congressional career r was elected in districts that were
majority Democrat by registration.
f. Because of my extensive experience in national security. 1 was chosen to ser.e as a member
of the Permanent Select Committee on Intelligence, served as the Chainnan of the
Subcommittee on Tactical and Technical Intelligence; and also served on the National
3
Security Committee (Anncd Services) as the Chairman of the Military Personnel
Subcommittee.
g. As a member of the Anned Services Committee, 1 championed such vital defense programs
as the B-1 "Lancer" and B-2 "Spirit" bombers, the F/A 18 "Hornet" and the V-22 "Osprey"
tilt-rotor. antiballistic missile defense (AMD), development of Wl effective ground combat
identifiCation system and maintaining proper levels of Guard and Reserve foroes. I was also
an active leader promoting President Reagan's Strategic Defense Initiative (SOl) for 13 years.
During the Carter/Reagan years, r was point man leader, nicknamed "8-1 Bob'\ in the
congressional battle to rescue/build one hundred (l 00) of the supersonic Strategic Air
Command penetrator bombers, the S..J "Lancers." which were canceled by President Carter
in June of 1977 in his fifth month of office.
h. During the Clinton years: 1 was a key leader in the successful effort to prevent the
administration from eliminating the prohibition on activist homosexuals in the military, and
was the sponsor of legislation to codify the ban. In 1995, I passed legislation to place
restriction on a president's ability to place U.S. forces under foreign command. This
legislation had been included in the House GOPs 1994 "Contract with America."
i. Consistent with my life~long commitment to human rights, 1have been a staunch defender of
innocent pre-born life as the author of four successful Laws to prevent federal abortions in the
District of Columbia (later reversed by by long defeated liberal Republicans joining liberal
Democrats to continue virtual genocide in D.C. or "babies of color"). The most important
Doman Law, not a yearly amendment but public law, was I is the bannina of abortions in U.S.
Military hospitals worldwide. Also. lhe ban of abortions in federal female prisons and on
Native American Indian reservations, all still U.S. law. 1 was the sponsor for years of the
paramount "Human Life" amendment. and am presently assisting the American Life League
in Stafford Virginia.
4
j. l am a leader in the fight against partial birth infantK:ide, child abuse and pedophilia I
pederasty extensive in large cities and tolerated by liberal government inaction; and am able
to speak in response to questioning under oath as an expert witness as to government negative
involvement or inaction past and present.
As to Mr. Strunk
6. During 2006, t spoke with Mr. Strunk concemjng the 1997-1998 vote fraud investigation of the
November 5,1996 election conducted by the Immigration and Naturalization Service (I.N.S.).
That invelltigation proved that l had won the 1996 re-election. and developed knowledge as to the
pattern of corruption with the harboring of illegal aliens and distribution, without records
required by law of tens ofthousands of voter registration forms, and as a matter complained of in
Mr. Strunk's Complaint, he filed in the Western District ofNew York, and in which my letter to
the Honorable Richard Arcara USDJ, depicted by Mr. Strunk's herein Complaint Exhibit A~3 at
Page 7 (attached), that in the November 5, 1996 election the JNS found that I was:
"... illegally defeated by Democrat Lorena Sanchez by a minimum 1,369 alien votes. and
according to l.C.E. (l.N.S.) reoords of 4,023 alien votes cast in the 1996 California General
Election; and that by consensus of both the Republican and Democrat parties behind the
scenes in violation of the majority of voters' rights conspired then and now for control over
illegal alien voting power in California and seemingly nationwide. Aliens illegal voting with
irnpunjty and whereas not a single individual was charged with thousands of felonies having
been committed, to directly bring about my loss by nine (9) votes notwithstanding the J.C.E.
records to the contrary... " (reference also "Stolen Elections"by John Fund, page 23)
7. During September 2016, Mr. Strunk facilitated contact of my wif~. Sallie and me with Dr. Mark
Siedenburg (who had been part of my 1976 West Los Angeles I Santa Monica campaign for
Congress) of the American Independent Party (AfP), und who re~ruited us to become a TRUMP-
PENCE American Independent Party Elector Slate along with my fellow New Yorker by birth,
fonner Representative John Leboutillicr at the 8 November 2016 California General Election; we
agreed, and are part of the AlP Elector State for TRUMP-PENCE.
5
8. On 2S January 2017, Mr. Strunk called and spoke with Sallie and me .requesting this
affirmation in anticipation of this submission in the matter of tbe pattern of California and
New York public officer facilitation of vote fraud conuption with sanctuary harboring of
illegal alims. wilh Yfhich I have been harmed in 1996 defeat. and am personally a witness to
such crimes becau.~ oftl'k! pattern of enterprise corruption that has been aided and abetted by
public officials including U.S. House members BiU Thomas and Newt Gingrich. and inter
alia. their use of vote fmud for Democratic and Republican Party aggrandizement for unjust
enrichmenr including commercial infDDticide as genocide of persons of color; and agree in
y,.-f1at Mr. Strunk characterizes as government assisted abortion in aid of satanic ritual th8l i.s
pan of pedophilia within networks throughout Congress and the government ~encies.
9. That with pennission of the Court. Affirmant is available for televised sworn testimony and
cross examination us to matter referenced above, subject to my security dearanc~ restrictions.,
from the Albert V. Bryan U.S. Cowth<>use 401 Courthouse Square Alexandria. VA 22314.
and may be contacted and coordinated through Mr. Strunk.
Dated: March _.s' 2017

Fairfax Station Virginia
All Rights Reserved without Prejudice
6
Case 1:16-cv-01496-BKS-DJS Document 36-10--,.
Filed 04/20/17 Page 59 of 164
forjone -v. EAC - WONY Okv-80

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EX I ITD-2
Strunk., Rtply lO Defenduus' Response lo Remark Page 40 of 42
- Exhllllt A-3 p- 007 of 7

. -
PLAINTIFF1S DECLARATION IN SuPPORT OF THE MEMORANDUM OF LA.W FOR

~ ~ETITION WITH COMPLAINT
ExhibitV-1
Alex Padilla
California Secretary of State
\1\ihat can we help you with?
Search
Provisional Voting

If your name is not on the voter list at your polling place, you have the right to vote a provisional ballot.
What Is a Provisional Ballot?
A provisional ballot is a regular ballot that is placed in a special envelope prior to being put in the ballot box.
Who Casts a Provisional Ballot?
Provisional ballots are ballots cast by voters who:
Believe they are registered to vote even though their names are not on the official voter registration list at the
polling place.
Vote by mail but did not receive their ballot or do not have their ballot with them, and instead want to vote at a
polling place.
What Happens After You Cast a Provisional Ballot?
Your provisional ballot will be counted after elections officials have confirmed that you are registered to vote in that
county and you did not already vote In that election.
You may vote a provisional ballot at any polling place in the county in which you are registered to vote, however, only the
elections contests you are eligible to vote for will be counted.
How Can You Check The Status of Your Provisional Ballot?
Every voter who casts a provisional ballot has the right to find out from their county elections official if the ballot was
counted and, if not, the reason why it was not counted.
D Visit www.sos.ca.gov/electionsfbal!ot-status thttp://www.sos.ca.gov/electionslballot-status) for a list of county

~contacts and information on how to check the status of your provisional ballot.
History Behind Provisional Voting in California

Vvhile provisional voting may be relatively new in some areas of the country, California's provisional voting statutes have
been in effect since 1984.
Provisional voting exists in California for two fundamental reasons:

First, provisional voting ensures that no properly registered voter is denied their right to cast a ballot if that voter's name is
not on the polling place roster due to a clerical, processing, computer, or other error.
Second, provisional voting allows elections officials to ensure that no voter votes twice, either intentionally or
Inadvertently, in a given election.
The most common circumstances when an elections official will ask a voter to cast a provisional ballot are:
First-tjme voters. Under federal law, a person who is voting for the first time in a federal election is required to
provide proof of identification, even lftheir name is on the polling place roster. If the voter cannot provide proof of
identification, the voter will be asked to cast a provisional ballot The elections official will verify the voter's
eligibility by comparing their signature on the provisional ballot envelope with the signature on their voter
registration form and if the signatures match, then the ballot will be counted. (Elections Code sections 1431 O(c),
15350, and 3019.)
Vote-by-mall voters who appear in person. In this instance, the voter's name is on the polling place roster and the
roster notes the voter requested a vote-by-mail ballot. However, the voter states they didn't receive the ballot, lost
the ballot, or spoiled the ballot and doesn't have it with them. After the voter casts a provisional ballot, the
elections official will check the records to ensure that the voter did not cast their vote-by-mall ballot lfthis is the
case and the voter's signature on the provisional ballot envelope matches the signature on the voter's registration
card, then the voter's provisional ballotwill be counted. (Elections Code sections 3016, 14310(f), 15350, 15100 et
seq.) If the voter did vote and return their vote-by-mail ballot before the close of polls on Election Day, then the
vote-by-mail ballot will be counted and the provisional ballot will not be counted. If the voter did vote and return
their vote-by-mail ballot but failed to sign the vote-by-mail ballot envelope, then the voter's provisional ballot will
be counted, provided they complied with the instructions associated with the provisional ballot.
Voters who have moved withjn their countv wjtbout re-registering to vote. The voter's name is not on the polling
place roster because they moved within the county but did not re~register to vote. This also happens when a voter
updates their driver's license with the Department of Motor Vehicles (DMV) but the DMV's computer system
doesn't update the voter's registration information, as it is required to do by law. In either instance, the voter is
entiUed to vote a provisional ballot at the polling place based on their current address. The elections official is
required to count the ballot if the voter's signature on the provisional ballot envelope matches the signature on the
voter's prior registration form. The elections official is then required to re-register the voter at their new address for
all future elections. (Elections Code sections 14310, 14311, 15350, 15100 et seq.)
Voters who are not on the polling place roster for an unknown reason. Should this occur, the elections official will
check the county's official registration records after Election Day. If the voter was properly registered to vote in the
county and in the precinct in which they voted, their provisional ballot will be counted.lfthe voter was registered
to vote at another address in the county, their votes will be counted in the races they voted on as if they were
voting in their home precinct (i.e., their votes for U.S. President, statewide, and countywide measures will be
counted, but their votes in a city council race may not be counted if the preclnctthey're registered in Is In a
different city council district than the one in which they cast a ballot).lfthe voter is not registered to vote or is
registered to vote in another county or state, their ballot will not be counted in part or in whole. (EI'ections Code
section 1431 O(c)(3).
Both federal and state law permit any voter who cast a provisional ballot to find out if their ballot was counted and
Elections Code section 2142 gives voters the right to go to court in order to compel county elections officials to register
them to vote and to count their ballot.
No provisional ballot is counted or precluded from being counted until the elections official goes through the detailed
process to determine whether a voter's provisional ballot should be counted. (Elections Code sections 14310-14311,
15350, and 151 00-15112.)
Equally important, every provisional ballot- whether it is counted or rejected- and provisional ballot envelope is kept by
the the elections official for a minimum of 22 months for every election in which a candidate for federal office is on the
ballot. (Elections Code sections 1730017506.)
Free Access System

1he Help America Vol& Act of 2002 (HAVA) requires each &ta~ or local etectlons l;)fflcial to estabilsh a "Free Aceesa
System," such as a toll-free telephone number for voters to call or an lntemet website that vote11 oan acoesa free oJ
charge, to as.;ertaln If they voted a provisional ballot at th' polls, wtleiher ~r not lhelr vote was cQunted, an~~ If it was not
counted, the. reason why It Wails not counted.
Each county election& o1\'ice has established a tree accese system for voters to determine iftheli' provisional ballot wa~s
counted and, lflt wae not coul'lted, thl\1 reason why itwas not co1.mted. Information on each county elections oftitlal's rtee
access system can be fOund at Ballot Status (felectlonslballot-status/),

THE fETITION WITH COl\fPLAINT
Exhibit V--2
Election Watch
Black Bex Vetlnu.eru

HOME BLACK BOX VOTING BOOK: FREE DONATE!
Accountability: In governance, accountability means

answerability to the public and the obligation to report, explain
and be held responsible for consequences of decisions.
Accountability cannot exist without proper accounting
practices. Elections accounting involves keeping consistent,
durable records showing who can vote, who did vote, a vote
count that can be authenticated by humans, and proof of intact chain of custody.
Election records must reconcile- that is, the sum must equal the parts. If election
accounting items are missing or can't be inspected, the election is not accountable
regardless of whether results are signed or certified.
Accountability is not limited to complete, reconcilable records. It also means that public
officials can be held responsible for actions, decisions to hire private contractors, and
oversight of employees and contractors. Enforcement of accountability can be
challenging. Enforcement is not limited to governmental authority; independent
watchdog groups, the media, and private citizens can usually achieve some level of
enforcement, by calling for it, insisting on it and taking various actions to improve
compliance. Methods to enforce accountability include calling for and implementing
inquiries, investigations, and hearings; sanctions, suspension; resignation;
impeachment; recall elections, prosecution; vote of no confidence; demand for
account-giving or formal explanatory report; media publicity; public testimony, and
litigation.
The line between public institutions and private entities blurs~ n private companies,
paid for with public funds, provide election equipment and services. Privatization of
public services does not remove the right of the public to hold servke providers
accountable, though it may remove the means by which to do so.
ITEMS RELATED TO ACCOUNTABILITY:
2016-11-24- About Recounts -Recounts are one part of election accountability.

Provides general information about recounts, how they work, costs, controversies
2016-11-21 -About Audits- Provides general information about audits in the greater
context of public integrity and public oversight.
2016-11-18- Audits or Fraud its?- A concise set of pointers to help. citizen observers
identify sham audits and faked spot checks.
2016-11-16- The Bra key Method- A simple, yet incredibly powerful way to enable any
person to "do your own recount" or check every ballot to make sure the reported result
is true.
2016-11-02- Ballot Images: a new way to verify that results are true- Shows examples
of ballot images, a key part of The Bra key Method to make public elections
accountable.
2016-07-19- What constitutes an election audit- How to do your own reconciliation of

election records to determine whether reported results can be substantiated
2016-02-01 -Caucus integrity- Provides a detailed, sourced review of accountability

issues with caucuses, including a number of specific examples of accountability
breakdowns in the 2012 Republican caucuses in three states
)
2016-01-07- Voter data breaches- mentions that voter databases are needed as part
of election accountability arithmetic, while illustrating why safeguards are needed to
prevent misuse.
2013-11-29- Elections in the United States- describes a number of examples of weak

election accountability in U.S.
2013-11-28- Elections in Afghanistan -Several issues have reduced accountability in

Afghan elections; Difficulty ensuring public safety, violence;; men voting for women; no
eligible voter list; 1Ox as many voter .cards as voters so used ink on fingers to prevent
double voting
2013-11-26 -Political Money- Both reasonable, accessible costing for election

accountability measures, and full transparency for all public expenditures is needed
because democracy can not work the public can get reliable confirmation of election
results at reasonable cost, and unless we can see how all taxpayers funds are spent.
2013-06-13 - Political Corruption - includes a discussion of the role of accountability,

through transparency and enforcement, in deterring corruption
2013-04-23 -Testimony by Tom Courbat before the California Assembly Elections

Committee- an example of concise, effective public testimony by a citizen holding local
election official accountable for a purchase which removed tranparency from voting
system
2008-09-25 (AL)- State tries to charge $28.000 for voter list- ridiculous fees for a public
records that is a crucial component of election integrity (should cost only about $25 to
produce)
2008/01/07- New Hampshire election credibility- Video: New Hampshire House

Elections Committee attempts to hold voting system vendor LHS Associates
accountable, questioning john Silvestro in connection with testimony by Harri Hurst[

about hacking the system.
2007/01/24- Wyoming: Sheridan County: Hand recounts prohibited- Provides an

example of reduced accountability in Wyoming recounts (prohibiting human validation
of machine counts), with better accountability after the election because ballots are
open to public records inspections.
2006/11/04- Texas: Williamson County: ES&S voting machines miscount- Williamson

County elections official dodges questions about voting system accountability, assuring
that results would be correct despite two miscounts during testing, lack of paper
ballots, and installation of uncertified software patch.
SEE ALSO:
Accountability: CHAIN OF CUSTODY
Accountability: ELECTION RECORDS
Accountability: Election Records: ALTERED
Accountability: Election records: INACCURATE
Accountability: Election Records: POLL TAPES
Accountability: LAWS, RULES
ABOUT BLACK BOX VOTING!

Black Box Voting, founded in 2003, performs nonpartisan investigative reporting and
public education for elections.
The independence of Black Box Voting comes from support through citizen donations--
always needed and very much appreciated! Please take a moment to become a patron
by setting up a much-needed monthly sponsorship-- or make a very important single
donation: Click HERE.
You may be wondering what the term "black box" means. A "black box" system is non-
transparent; its functions are hidden from the public. Elections, of course, should not
be black box systems.
Influential reporting by Black Box Voting is referenced worldwide. Here is a link to a

free copy of the book, Black Box Voting: HERE. Author Bev Harris became known for
groundbreaking work on electronic voting machines, which can remove transparency
of the vote count; other important reporting pertains to voter lists, election chain of
custody, transparency problems with absentee voting, election industry corporate
governance, and financial accountability in elections.
Opaque, non-transparent voting can afflict voter lists, polllists,vote counting and chain
of custody; political finance can also be "black box." The road to better transparency
begins with knowledge and public, grassroots dedication. I am glad you are here!
Bev Harris
BlackBoxVoting.org
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RECENT POSTS
When is a recount a sham?
About Recounts
Fraction Magic Video
About Audits
Audits or Fraudits?
Actions: The Brakey Method
Ballot Images -A new way to verify that results are true
Stream 'Hacking Democracy- now on Amazon Video
The truth about exit polls and vote counts: 2016 Democratic Presidential Primary
What Constitutes an Election Audit

)
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PLAINTIFF1S DECLARATION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

PLAINTIFF'S CO:MBINED RESPONSE TO DEFENDANTS' MOTION TO DISMISS
' '
THE PETITION WI'l1l COMPLAINT
Exhibit V-3
AUDITS OR FRAUDITS?
By Bev Harris November 18,2016 OBSERVATION No Comments f
1n
Election Watch
e Black Box Votlna.ora I, but are really

HOME BLACK BOX VOTING BOOK: FREE DONAT! ~
-It is holistic, cross-checking information from a variety of source documents;
-Discrepancies trigger nonrestricted expansion of the audit;
-The entity being audited is not allowed to constrain the audit;
-A real audit involves selections based on hunches, red flags, and suspicions as well
as targeting by random choice.
Why it's important to call it a spot check not anaudit: A spot check cannot prove
an election was sound or that its results were accurate. Ballot spot checks can help
to discover errors and may( in some cases, act as a deterrent for certain types of
election fraud, but referring to spot-checks as audits(( produces false confidence and
If
often causes election officials and the media to overstate the implications of the spot
check.
HOW TO DETECT A SHAM
1. All phases must be publicly observable. Were ballots sorted or chosen before
observers arrived? Was target selection fully transparent and public? Were any
essential records deemed "off limits('?
2. Precinct results must be published and publicly available well before samples are
selected for spot check.
3. Selection must be an unpredictable surprise. UN PREDICTAS , 3 not the same

thing as RANDOM. Also, there should not be any unobserved time lapse between
selection and spot check.
Example: Fresno County California was preselecting its spot-check precincts two
months before the election. In the 2004 Ohio presidential recount, Cuyahoga County
employees admitted to choosing their own precincts for a spot check, stating "our
random is our random." (Watch the film "Hacking Democracy'( for footage of this
scene, videotaped by a citizen observer.)
4. All ballot questions must be checkable. Random selection of one or two races is
unlikely to pick the most controversial race, or the few races most at risk for fraud.
5. Selection must begin with the whole set of precincts, and public observers must
have a way to confirm that the whole set was used.
Example: Several years ago in West Virginia a county election official chose a
"random sample" of precincts using slips of paper in a bag. When an observer,
videotaping the process, asked her to empty out the bag to show that it contained a
slip of paper for every precinct, the official hurriedly left the room (holding the bag)
and then returned with the bag containing all its precincts. Computer selection may
seem more professional than slips in a paper bag but is actually even less
transparent. Observers may have difficulty verifying that every one of the hundreds
of precincts in a large jurisdiction are actually included in the spot check selection
program.
5. Every ballot should have some chance of being audited. There should be no
subset or class of ballots that are excluded from the audit.
Example: in San Diego County after the 2016 primary election, a large subset of vote-
by-mail ballots were excluded from the spot check. Knowing that this set would be
excluded, these vote-by-mail ballots could be targeted for election fraud with little
risk.
6. If the audit does reveal a descrepancy it must have a mechanism to increase

scrutiny, such as taking a larger sample or examining other kinds of records.
Example: In San Diego County after the 2016 primary~ a number of ballots were
observed with "white-out" obliterating the original votes. Regardless of whether the
reason given for the white-out seems valid, this kind of discrepancy would need to
be examined by expanding the study of all ballots with white-out, and by
incorporating statistical analysis to determine if the white-out disproportionately
affected one class of voters or one candidate.
7. A ballot spot check must be hand counted not machine counted. A machine count
cannot serve as the primary way to authenticate another machine count. )
8. There are four areas where election tampering can change results. A spot check or
audit of one area does not cover the others. Tampering in any one of the four areas
can alter the outcome.
FOUR AREAS TO AUDIT
a. Who can vote

b. Who did vote
c. Counting of the vote
d. Chain of custody
Auditing who can vote examines whether:

(1) All eligible voters would have been allowed to vote
(2) Any ineligible voters could have voted.
Auditing who did vote examines whether:

(1) Number of voters matches number of votes, and determining if turnout
percentage was within normal bounds
(2) Any eligible voters were turned away
(3) Any ineligible voters cast votes
Auditing the counting of the vote examines whether:

(1) A human examination of ballots matches results reported by machine
(2) Ballot images* (pictures of ballots) match reported count
(3) Ballot images match actual ballots
Because ballot images are an electronic record, giving public access to all ballot
images can speed up verification of election results as long as the public can
compare ballot images to actual ballots. (See ''The Brakey Method")
)
Auditing chain of custody examines whether:
(1) The votes counted included all the ballots, extra ballots, or altered ballots
(2) Whether all essential components can be shown to be the original element.
Example: Shelby County Tennessee- August 2010, a records inspection sought to

determine whether poll tapes (results printed from each precinct machine) matched
reported results from the central tabulator. The poll tapes were not made available
until12 days after the election. During the 12-day interval, additional voting
machines were set up in an adjoining room and were observed printing poll tapes.
Prior to that, poll tapes had been observed in a trash bag. Inspectors were not able
to determine whether the poll tapes they were given to inspect were the originals.
*****
The importance of public citizens doing field observation cannot be overstated.

Success of any spot check or audit depends on getting the details right. Without
vigilant public observers, official"verification" of elections can become nothing more
than taxpayer-funded theatre.
COMMENTS
6 comments
5 Comments Sort by Oldest
Add a comment...
Dael V Escher Social Media Manager at Election Integrity Ohio

Thank you Bev Harris!
~- Like Reply Nov 19,2016 2:42pm
AQ Freechild
We Need a Recount in Several Key States After Hacks, Exit Poll Red Flags & Irregularities-
please sign the petition and spread the word:
http://petitions.moveon.org/sign/we-need-a-recount-in
Like Reply 1 Nov 20, 2016 10:30pm
Kevin Kane New Orleans, Louisiana

Why don't YOU move on. MoveOn.org (a Sores funded Liberal cesspool) among the
idiots who claim voter ID laws are "racist" but can never explain why.
Like Reply Nov 26, 2016 1:45pm
~ Randy Divinski
t1'' Great to see so much new content going up. Very useful and educational stuff.
Ashlea Gottschalk
I was informed my vote was not counted after voting at the Republic of Panama Embassy
because the embassy did not get it to Coos county Oregon on the same day I was allowed to
vote at the Embassy.! am the dad I don t use facebook
Like Reply Nov 23, 2016 11 :44pm
Patricia Axelrod
As always Bev Harris keeps us informed and in the know. I support hand cast-hand counted
ballots and shall do so until our nation reverts back to pre-machine times when one could
actually observe counting. And while I know that elections have been stlen pre-machine era I
believe that stlen elections are less likely to happen when election watch dogs are allowed to
watch and and actually count election results.
Like Reply Nov 26, 2016 7:27am
)
-WATCH THIS SECTION GROW-
PLAINTIFF'S DECLARATION IN SUPPORT OF THE MEMORANDUMOF LAW FOR

ExhibitV-4
ACTIONS: THE BRAKEY METHOD

in
By Bev Harris November 15,2016
ACTIONS, ADVOCACY, IMPROVE TECHNOLOGY, ORGANIZING, ROLE MODELS
fNo Comments
-
Put the brakes on ~~mystery elections" once and for all. A simple 3-step
method places public elections back under public control.
THE BRAKEY METHOD
11
1. Preserve and make public the ballot images"- Modern voting
systems take a picture of every ballot, called a "ballot image."
2. Peg the ballot image to the actual ballot using a unique ID number
(not connected to any voter identifier in any way).
3. Make sure ballots are a public record so that any person can
arrange to inspect the actual ballots at any time.
Ballot images can be released electronically, either upon request or-

better- by placing them. on the Web, allowing any person to examine
pictures of any or all ballots. These electronic images can be
authenticated by any person by checking any ballot, which must
contain same unique ID number.
QUESTIONS AND ANSWERS
Q. Do all voting systems make ballot images?
A Most of them do. The best ballot images are actual photographic
images of voter-marked paper ballots, but even the paperless ORE
machines are capable of; and usually do, automatically make ballot
images.
Q, Where do I go to ask to see ballot images?
A. Public records and freedom of information laws direct persons to the

"custodian of the records." For most locations, the custodian of the
records for ballot images is the county elections office. In some
locations, primarily in New England, the custodian of the records is a
municipality.
Q. How do I ask for the ballot images?
A You can go to the elections office with a USB stick in hand and ask for
a copy as a public records request.
Q. What if they tell me the ballot images don't exist?

A. There are two possible reasons this could be the case: (1) They
destroyed the ballot images, which violates records retention
requirements and destroys a crucial audit record, and, in some states,
constitutes a felony. (Note that one case, in Alameda County Calif,
required an election official to re-run an election after she destroyed
audit records.) Or (2) They are using old, out of date voting machines,
some of which do not produce a ballot image. If they destroyed the
ballot images, seek out a qualified attorney to take appropriate legal
action, or focus on obtaining legislation to require preservation of
ballot images and making them public. If they are using machines
which do not produce the images, focus on public pressure to purchase
the right kind of voting machines next time, and/or on getting
legislation requiring the use of machines that produce ballot images,
plus public release of the images.
Q. What if they won't let me see anything at all?
A. Some states, like Kansas, Utah, and Nevada, have passed

exceptionally undemocratic laws which prohibit any inspection of key
election audit documents. If this is the case, litigation or change of
legislation will be the appropriate action.
Q. How does the Bra key Method address issues like voter purges or
voter ID?
A. It doesn't. The Brakey Method solves transparency problems with the

counting of the vote. There is no magic wand that solves all types of
election integrity issues in one swoop. It helps to parse election
) integrity into four components:
-Who can vote (voter lists)
-Who did vote (participating voter lists)
Election \t\'atch
e Black Box Votinu.org Q. llots? Have

HOME BLACK BOX VOTING BOOK: FREE DONATE!
Q. Why is it called The Bra key Method?
A. Actually it has a lengthier pedigree. The first election integrity

advocate to propose using ballot images to authenticate the count was
Harri Hursti, in 2006. Hursti is the computer security expert who
demonstrated hacking voting machines in the film Hacking Democracy.
(See http://hackingdemocracy.com). Black Box Voting promoted this
concept in 2006, working with Hursti to produce a prototype to allow
public, open source, automated counting of ballot images if desired. A
commercial fisherman named Kevin Collins, from Humboldt County
California, together with Carolyn Crnich, a Humboldt County election
official, met with Bev Harris to discuss actually implementing the use of
ballot images to authenticate the count. Humboldt County purchased
an off-the-shelf scanner and began making its ballot images available to
the public in 2008. A Humboldt County citizen named Mitch
Trachtenberg developed free open source software which improved on
the original Hursti prototype. The first time Humboldt County allowed
public authentication of the count using ballot images, it was
discovered that the central tabulator had miscounted. A Colorado )
citizen named Marilyn Marks filed, and won, a succession of lawsuits

establishing that both ballots and ballot images must be treated as
public records in Colorado. But it was in 2016, under the relentless and
strategic efforts of Arizona election integrity advoca- /' )hn Bra key, that
the ballot image concept really began to take off.
Brakey requested ballot images from Pima County, was told they were
being destroyed. He sought and obtained a Temporary Restraining
Order (TRO) to prohibit Arizona officials from destroying the images.
His work mushroomed out into many other U.S. states, generating
cooperation from some and obstruction from others. It is Bra key who
boiled this important transparency measure down into a simple three-
part method (images, connector ID, right to examine actual ballots). It is
Bra key who has been most effective at propagating this excellent
solution. We need a name for it. Bev Harris started calling it The Bra key
Method to make it easy to say and easy to explain as a 1-2-3 process
that:
a. Is already available with most voting systems
b. Is already pinned into Freedom of Information rights in most places
c. Costs little or nothing to implement
OBJECTIONS
"This might allow voters to sell their vote."- No, it won't, and if you
are concerned about that you are against vote-by-mail right?
Because it is far easier to sell a vote by just taking a picture of an
)
absentee ballot than by trying to identify an anonymous ballot

image.
"This might jeopardize secrecy of the ballot."- No, it doesn't,
unless your election administration is permitting an identifier on
the ballot which ties back to the voter. One state, Colorado, was
caught doing this, embedding a QR code on each ballot which
connected to vote I.D number, permitting election officials and
vendors to see how you voted. The solution is to prohibit printing
identifying information on the ballot. There is no special class of
persons such as election officials or vendors who have a right to see
how you voted.
Using The Bra key Method, it doesn't matter if Attila the Hun owns the
voting machines, the public will once again own its elections.
Work on getting The Bra key Method going in your location. It is, at this
time, the most important thing you can to do protect the counting of
the vote.
COMMENTS
15 comments
8 Comments Sort by Oldest

'
Add a comment...
Scott Poster
sorry, I don't care about a voter identity marker. I think paper ballots period is
the solution. I want to be certain the ballot I voted on still exists, period.
,
Charlene Davies
Then get busy and make sure your area has a fool-proof system. It
doesn't happpen by magic. It takes work to force them to do what
they are legally obligated to do. If you want it, make it happen. Or sit
home and make demands and see how far you get.
Scott Poster
Charlene Davies Already happened here paper ballots were the only
option. W
{1 ~ Randy Divinski
VVhile the ballot code in this method isn't tied to a voter, that voter
might be able to make note of the code and review their specific ballot
later under this methodology. That would answer your concern.
However. the best way to secure your personal vote is to have a
system that audits EVERYONE'S vote.
Like Reply 3 Nov 17,2016 3:25pm
Randy Divinski
I am very interested in this. Appearing locally with a thumb drive is one
suggestion for receiving the data. Do you have a FOIA right to request the
data from a county in another state? If so, is there a way to receive it without
physically going there? How would the images be organized? (By machine,
precinct, county?) If by machine, does it take a separate request for each
one? Are vote totals reported somewhere in units that match the ballot
images? (For instance, if I have images from one machine and vote totals for
a precinct [with 3 machines] that won't do me much good ~~ I need to synch
the images with a reported total in some way.)
Like Reply Nov 17, 2016 4:38pm Edited
Mat Hyoo
This still doesn't answer the problem of how photos of fake ballots would be
) prevented.
I ~~4- ,....,~ 1. 1- 1 "'" , . . . , . , ... ,.,. .. ,.. , ,..,.. ..,_.
LIKe Keply NOV 'I (S, LU I 0 'I U:~uam
t1 ~ Randy Divinski
Can you be more specific? If you mean that touch screen machines
can create a false image at the same time they register a false vote,
you may be right. Those machines are inherently unverifiable, barring
a slip up. But for optiscan, where an original paper ballot exists, if
there is a serial number tying ballots to images, it is possible to detect
if the image was altered. If you mean something, else, like a faked
mail~in or absentee ballot that is then fed into a scanner, yep,
garbage~in, garbage-out. BUT that kind of fraud can only change an
election outcome if done in mass quantities, and a review of images
might uncover a pattern that would expose mass fraud.
Like Reply Nov 18,2016 3:13pm
Muriel Mary
Can I ask for this from any county, or only my county?
Frank Henry Works at Retired

Any county.
Like Reply Jan 7, 2017 4:00pm
Jackie Chakhtoura
If anyone tries this, please report back to tell us how it went. I'm skeptical it's
really all that simple. A Wichita State University (Kansas) statistician has been
trying to gain access to paper tapes from voting machines for years -- no luck.
Yes, Ms. Harris listed Kansas among the states prohibiting access to election
documents, but I wonder if this is really as easy as it should be in other
states? Please share your own personal experience, thank you!
http://www.kansas.com/.. ./politics .. ./article61222187.html
Like Reply Nov 25,2016 10:22pm Edited
Frank Henry Works at Retired

Kansas (and most of our 50 states) election laws/procedures/
pratices are unconstitutional ... therefore will do nothing for the
voters/citizens of their state(s) until! all individual voter's "30
Full Voting Rights" are spelled out in the constitutions and election
laws ..... (Thanks and Good Luck, ... Frank Henry, ... Full Voting
Rights Advocate, ... e-mail: fmhenry4@netzero.com)
Like Reply Jan 7, 2017 4:09pm
Jonah Earl Thomas

Here's how I imagine this working:
You fill out a ballot with pencil or pen, and it goes into a machine which counts
it ~rlrla ~ o1nin11C>. t"nn= ~nrl c:t"~na it
So to fake ballots you have to create new imagines with the same codes and
different votes, and introduce them into the file of ballots while removing the
old images. Ideally you would download the original file, replace the ones you
want to replace, and then replace the old file with the new one. You'd have to
do that before anybody else could download it.
If people got to see their unique codes then their votes wouldn't be completely
a... See More
-WATCH THIS SECTION GROW-
INDEX
ACCOUNTABILITY
--CHAIN OF CUSTODY
-- ELECTION RECORDS
---- Records: ALTERED
---- Records: INACCURATE
----Records: POLL TAPES
--ENFORCEMENT
--LAWS, RULES
--TRANSPARENCY
ACTIONS
--ROLE MODELS
--ADVOCACY

Exhibit V-5
How the vote is counted in California after

Election Day
SAN FRANCISCO (AP)- Voters in California are bound to have questions about the millions of ballots
cast in the Nov. 8 election. Some people may wonder why they had to fill out a provisional ballot or when
results will be final. Others may wonder how to verify that their ballots were indeed counted.
Here are answers to some questions about counting ballots:
HOW MANY BALLOTS MIGHT BE OUTSTANDING AFTER TUESDAY'?
The secretary of state's office reported Wednesday that counties have already counted nearly I 0 million
ballots. A record 19.4 million Californians registered to vote in the presidential election, but it's still not
clear what overall turnout will be, as millions of ballots are outstanding.
Paul Mitchell, vice president of data finn Political Data Inc., had said as many as 3 million baJlots may
remain to be counted after Election Day. He posted on Twitter Wednesday that the number of remaining
ballots may be higher.
The lag will likely delay results in several close races, including Proposition 53, an initiative to block
Gov. Jerry Brown's plan to build twin tunnels to divert water from the Sacramento River delta and tight
congressional races in the Sacramento and San Diego areas.
In any case, that's because the state has more than 11 million people registered to vote-by-mail whose
ballots may still be coming in. Also, there was a surge in last-minute voters who will probably have to
cast provisional ballots.
WHAT ARE PROVISIONAL BALLOTS?
Poll workers give provisional backup ballots to people whose voter eligibility cannot be verified
immediately.
For example, voters will be given a provisional ballot if they show up to vote at the wrong polling site.
They will be given a provisional baHot if they showed up at a polling site unaware that they have ballots
at home that they need to surrender before they can get a new ballot.
Provisional ballots are just like regular ballots. They are counted once the county verifies that the person
is properly registered to vote, and that the person has not already cast a ballot.
WILL ALL BALLOTS BE COUNTED, EVEN AFTER A WINNER IS DECLARED?
Yes, all valid ballots arc counted. Counties do not stop processing ballots just because a winner has been
declared or a campaign has conceded.
HOW DO I FIND OUT IF MY BALLOT WAS COUNTED?
Voters who cast a provisional ballot or who mailed in a ballot have a right to know if their baUot was
counted and if not, the reason why it was not counted.
Contact your county elections office for that infonnation.
I FORGOT TO SIGN MY MAIL-IN BALLOT. WHAT CAN I DO?
State law allows voters to fix the problem by submitting a signature by Nov. 16. Some counties will
proactively contact the voter; others will not. Again, contact your county elections office for information.
WHY CAN'T COUNTIES HURRY UP AND COUNT?
"It's our goal to make sure it's done correctly, not quickly," said Melissa Hickok, executive assistant to
Contra Costa County's recorder-registrar, where about 150,000 ballots were still to be processed
Wednesday. "We want to make sure we get it right. We want to make sure provisionals are counted if
countable and we want to make sure people do not double vote."
In Santa Clara, spokeswoman Anita Torres said staff are working around the clock to process ballots. It's
taking longer this year, she said, because of high turnout and the number of issues on the ballot. The
county has about 200,000 vote-by-mail ballots waiting to be processed.
WHEN WILL RESULTS BE FINAL?
It may take days or even weeks to get final election results.
That's because it takes time for counties to check all those provisional ballots. Also, mail-in ballots
postmarked by Nov. 8 will be counted if they are received by your county election office within 3 days
after the election. Because of the Veteran's Day holiday, that day extends to Nov. 14 this year.
)
State law requires county elections officials to report final results to the secretary of state for presidential
electors by December 6. The deadline for all other contests is December 9.
CopyrlghJ (l20 /? '!he Wtnhl11gt01J 1Ymts, U.C.
)

ExhibitV-6
)
Did Obama Encourage Illegal Immigrants to Vote? No, But YES.
BY: JAMES BARRETT on NOVEMBER 7, 2016
I
nan interview highlighted by Fox Business News' Nell Cavuto
(http://www.bizpacreview.com/2016/11/06/cavuto-stunned-obama-prods-illegals-vote-national-tv-secret-cant-catch-
408989) that's gone viral, President Barack Obama seems to encourage illegal immigrants to vote. In
response to an ambiguously phrased question about illegal immigrants and voting, Obama gives an
equivocal answer that many have interpreted as an open call for illegals to illegally vote.
In an interview (below) with actress and rapper Gina Rodriguez- a Chicago-born American citizen whose
parents are Puerto Rican - Obama discussed the supposed attempts by the Right to suppress voting rights
and tried to encourage Latinos to get to the polls. The eyebrow-raising moment came when Rodriguez told
the president that "millennials, Dreamers, undocumented citizens" are "fearful of voting," then asked if
some like her were to vote, would immigration authorities be able to track her down and "come for my
J family and deport us:
Obama answered emphatically that it's "Not true" that voting could open up someone to being more easily
tracked by the government.
Because of the convoluted phrasing of the question, though, it's unclear if Rodriguez is asking if an illegal
immigrant should fear voting, or someone like herself, a citizen with illegals apparently in her family, should
fear voting to protect her family. After his initial response, Obama notes that Rodriguez is a citizen and
indicates that he means those with "a family member who maybe is undocumented."
Here's the first part of the exchange:
RODRIGUEZ: Many of the millennia Is, Dreamers, undocumented citizens-- and I call them
citizens because they contribute to this country-- are fearful of voting. So if I vote, will
immigration know where I live? Will they come for my family and deport us?
OBAMA: Not true. And the reason is, frrst of aft, when you vote, you are a citizen yourseJt And
there is not a situation where the voting rolls somehow are transferred over and people start
investigating, et cetera. The sanctity of the vote is strictly confidential in terms of who you voted
for. If you have a family member who maybe is undocumented, then you have an even greater
reason to vote.
Rodriguez then repeats that being tracked by immigration is a "huge fear" among those with illegals in their
family. Obama then emphasizes that it is particularly important for people with illegal family members and
friends to vote because their "speaking for family members, friends, classmates":
RODRIGUEZ: This has been a huge fear presented especially during this election.
OBAMA: And the reason that fear is promoted is because they don't want people
voting. People are discouraged from voting and part of what is important for Latino
citizens is to make your voice heard, because you'1'e not just speaking for yourself.
You're speakingforfamily members,friends, classmates of yours in school...
RODRIGUEZ: Your entire community.

OBA.MA: ... who may not have a voice. Who can't legally vote. But they're counting
on you to make sure that you have the courage to make your voice heard.
Regardless of the exact phrasing, the president's general point is clear: There will be no immigration
backlash for those who vote.
Exchange begins at the 3:23 mark (full transcript of segment below):
RODRIGUEZ: Many of the millenniaIs, Dreamers, undocumented citizens and I call them
citizens because they contribute to this country-- are fearful of voting. So if I vote, will
immigration know where I live? Wifl they come for my family and deport us?
OBAMA: Not true. And the reason is, nrst of all, when you vote, you are a cWzen yourself. And
there is not a situation where the voting rolls somehow are transferred over and people start
investigating, etcetera. The sanctity of the vote is strictly confidential in terms of who you voted
for. If you have a family member who maybe is undocumented, then you have an even greater
reason to vote.
RODRIGUEZ: This has been a huge fear presented especially during this election.
OBAMA: And the reason that fear is promoted is because they don't want people voting. People
are discouraged from voting and part of what is important for Latino citizens is to make your
voice heard, because you're not just speaking for yourselt You're spealdng for family members,
friends, classmates of yours in school...
RODRIGUEZ: Your entire community.
OBAMA: ... who may not have a voice. Who can't legally vote. But they're counting on you to
make sure that you have the courage to make your voice heard.
After playing a clip of the interview late fast week, Cavuto brought on former Arizona Gov. Jan Brewer for
a follow-up discussion (http://www.bi::pacrevicw.corn/2016/11/06/c<lvuto-stunned-obama-prods-illegals-vote-national-tv
secre~-cant-catch-4089B9).
"I can't believe that I heard what I heard!" said the FBN host. "It was very clear that the question that was
being asked was about illegals voting and them being afraid they might be reported to Border Security."

Exhibit V-7
Trump taps Pence to head vot~

THE fraud investigation
HILL BY ALEXANDER BOLTON- 02/05/17 04:36PM EST
2, 7 40 SHARES SHARE (2 81() TWEET Pl
Just ln ...
Trump WH officials
work their way around President Trump talks Super Bowl Ll with Bill O'Reilly I SUPER BOWL Ll
ethics rules: report
BLOG BRIEFING ROOM -OS AGO
US conducts tests for

upgraded nuclear bomb
DEFENSE -1H 2M AGO
Senators want more

a
efficient way to get
food aid to Africa
SENATE -1H 31M AGO
Thousands turn out at

rallies demanding
Trump release tax President Trump will have Vice President Mike Pence oversee a special
returns commission to investigate voter fraud, which he says helped
BLOG BRIEFING ROOM Hillary Clinton win the popular vote_
-2H25MAGO
"I'm going to set up a commission to be headed by Vice President Mike

Sunday shows preview: Pence and we're going to look at it very, very carefully," Trump told Fox
McMaster hits circuit News's Bill O'Reilly in an interview airing Sunday afternoon before the
for second straight
Super Bowl.
week
SUNDAY TALK SHOWS
-2H50MAGO
"Look, Bill, we can be babies, but you take a look at the registration, you
have illegals, you have dead people you have this, it's really a bad
situation, it's really bad," he said.
North Korean
attempted missile The announcement came up when Trump was asked about criticism that
launch fails
his claim of voter fraud is not backed up by the data.
NEWS- 3H 28M AGO
"Many people have come out and said I'm right, you know that," Trump
Trump reportedly said. "You have illegals, you have dead people ... it's really a bad
annoyed by Time cover situation."
with Bannon
The Washington Post reported that Pence pledged to GOP lawmakers at
ADMINISTRATION- 4H 50M AGO
the annual Republican retreat in Philadelphia that the administration
would initiate a "full evaluation" of voting rolls nationwide.
Clashes erupt at pro-
Trump rally in California But Trump's plans for a "major investigation" into what he claims were
BLOG BRIEFING ROOM
fraudulent votes by as many as 3 million to 5 million illegal immigrants
)
-5H24MAGO
may not get too far without congressional funding.
VIEW ALL
Already Senate Majority Leader Mitch McConnell (R-Ky.) has said he
doesn't want to spend federal funds on the investigation and leave it to
state authorities.
But Trump on Sunday stuck to his claim of massive voter fraud, which
even Republicans on Capitol Hill have questioned and The New York
Times has dismissed as a "lie."
Related News by Trump said there is evidence of votes being attributed to dead people and
of people voting in different states in the same election.
McConnell and other GOP leaders agree there is voter fraud but not on
the scale claimed by Trump.
"There is no evidence that it occurred in such a significant number that

lvanka Trump met would have changed the presidential election," he said on CNN's "State of
secretly with Planned ... the Union" Sunday morning.
TAGS HILLARY CLINTON MITCH MCCONNELL MIKE PENCE
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ExhibitW
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Subject: Link to video; "MICHAEL CUTLER MOMENT: LETHAL SANCTUARY CITIES"

From: Michael Cutler (mcutler007@aol.com)
To: mcutler007@aol.com;
Date: Thursday, April13, 2017 8:17PM
Hi Gang:
Kindly forward this e-mail to as many folks as you can and then ask that those to whom you send this, to
forward it along to everyone they can- I am attempting to create a "Bucket Brigade of Truth!"
Please remember to tune into my radio show, "The Michael Cutler Hour" on BlogTalk Radio on Friday
evenings at 7:00PM, Eastern Time, and find podcasts of my previous programs at:
USA Talk Radio
On Aprill3, 2017 the website, The Glazov Gang posted a video in which I explained my opposition to
the lunacy of Sanctuary Cities.
Here is the link to my video-
THE GLAZOV GANG
MICHAEL CUTLER MOMENT:

LETHAL SANCTUARY CITIES
As I have noted in a number of my articles for a variety of websites. Mayors of "Sanctuary Cities" are not ltelping
illegal aliens who fall victim to criminals. In point of fact, illegal aliens who assist law enforcement authorities are
able to acquire visas that enable them to live and work legally in the United States. If our political leaders truly want
to assist aliens who fall victim to crimes and they want to go after transnational criminals and human traffickers, they
need to encourage illegal aliens to cooperate with ICE to provide actionable intelligence that can ultimately
identify, investigate, arrest and prosecute these alien criminals.
Shielding illegal aliens from detection by ICE is illegal and undermines public safety and national security.
The 9/11 Commission made it clear that terror attacks, and not just the attacks of 9/11 were made possible by multiple
failures of the immigration system.
Therefore, Americans must be willing to stand their ground and not be intimidated by the false accusations- far too
much hangs in the balance! We must speak out against mayors and governors who create "Sanctuary Cities"
and "Sanctuary States."
uPartners in Crime:
On April4, 2017 CAPS (Californians for Population Stabilization) posted my article,
Mayors of Sanctuary Cities, Human Traffickers and Other Criminals."
On March 31, 2017 FrontPage Magazine published my article, "SANCTUARY CITTES: WHERE
HYPOCRISY RULES~ NYC's Mayor Bill DeBlasio blocks the deportation ofcriminal aliens
by ICE."
The Winter 2017 edition of the quarterly publication "The Social Contract" includes my article, "The Problem
with sanctuary Campuses' -Universities con students into acting against their own
best interests."
Many people have come to complain that we have become too "Politically Correct" to speak the truth about important
issues. My view is that the artful use of language that has been described as examples of political correctness are in
fact, examples of Orwellian "Newspeak."
Having invoked George Orwell, it is appropriate to consider a couple of his brilliant quotes:
Political language -- and with variations this is true of all political pa1ties.
from Conservatives to Anarchists -- is designed to make lies sound truthful
and murder respectable. and to give an awearance of solidity to pure wind.
In a time of universal deceit. tellin& the truth is a revolutionary act.
It is time that when the "compassion card" is brought out- the issue of compassion must fitst take into account the
safety and well-being of America and Americans. There is nothing compassionate about committing suicide!
I urge you to get involved and demand our elected representatives actually represent us- TYe the People! The
information contained in my article is being provided to educate as many of our fellow Americans as possible so that
they can ask the right questions and make the appropriate demands on our political leaders and representatives and
political candidates.
Please pass this suggestion to as many folks as you can!
America, first and foremost, is comprised of its citizens not rivers parks and cities. We have never had more American
citizens, especially minority citizens, living below the poverty level. We now expect that American kids will not do as
well as their parents. This is not how we will get America to lead.
Simply stated, American Lives Matter!!
One of the points of contention where political "liberals" and political "conservatives" are concerned is how much
government is appropriate, with conservatives demanding less government and liberals generally believing in more
government, an issue that should be agreed upon by all reasonable Americans is the need for our government to secure
our borders and enforce our immigration laws. This should not be a divisive issue- our immigration laws are
completely and utterly blind as to race, religion and ethnicity and were enacted for the two primary purposes of
protecting innocent lives and protecting the jobs of American workers.
All reasonable Americans want to live in safety where the American dream provides opportunities for anyone who is
wiJling to acquire an education, work hard and benefit from a bit of luck. They want the same for their children and
their children's children. How on earth could there be any controversy about the need to prevent criminals or terrorists
from entering the United States? How on earth could anyone think that it is good for Americans to have to compete
with foreign workers from Third World countries for their jobs- forcing wages down, thereby creating wage
suppression?
lf ever there was a ''No brainer'' issue- you would have to believe it would be the fair and effective enforcement of our
immigration laws.
Here are links to some of my other commentaries that I hope you will find helpful:
On January 4, 2017 FrontPage Magazine published my article, "PRESIDENT TRUMPs

rMMIGRATION CHALLENGE: To undo Obama 's catastrophic damage."
The Summer Edition of The Social Contract includes my extensive article,
"The 9/11 Commission Report and Immigration: An Assessment, Fourteen Years
after the Attacks."
On December 26,2016 FrontPage Magazine published my article, "BERLIN TERROR ATTACK AND
IMMIGR/\TION LAW VIOLATIONS: What America should learn.from this newest horrific lesson."
On December 22, 2016 FrontPage Magazine published my article, "FOREIGN STUDENT VISAS:
EDUCA TJNG AMERICA'S ADVERSARIES: Guess who Obama 's State Department issues hundreds
ofthousands ofstudent visas to?"
"How DHS Ineptitude Facilitates Terrorist

On April 20, 2015 FrontPage Magazine published my article,
Operations A chilling case-in-point from Ohio. "
The Winter Edition of the Social Contract includes my article, Sanctuary Cities Endanger- National
Security and Public Safety
President Obama: Accessory to the Crimes

On April26, 2016 FrontPage Magazine published my article,
Committed By IIJegal Aliens? The grim findings unveiled by a House congressional
hearing.
On January 23, 2015 Californians for Population Stabilization (CAPS) posted my commentary, For America to
Do Well, Americans Must Do Well
On November 13, 2015 the Daily Caller published my article, Political Candidates, Immigration And
Home Repair Con-Artists
On October 20, 2015 FrontPage Magazine published my article, "Immigration Law Enforcement: Why
Bother? -The crucial issues at stake for American citizens."
On November 6, 2016 FrontPage Magazine published my article: Decoding Politicians' Inunigration
Newspeak -The devious manipulation of language employed by the political class.
On January 23, 2015 FrontPage Magazine published my article: "Sleeper Cells: The Immigration
Component of the Threat."
"Illegal Aliens Are Not 'Law Abiding'- The

On June 28, 2015 FrontPage Magazine published my article,
vital importance ofAmerica's immigration and inspection laws."
On July 7, 2014, FrontPage published my article, "Border Security and the Immigration Colander."
Keeping Track of Visa Violators: The

On September 3, 2015 FrontPage Magazine posted my article:
overlooked source ofthe nation's illegal immigration problems that people are finally talking
about.
Educating Our Adversaries: Why

On September 10,2015 FrontPage magazine published my article;
educating foreign STEM students is bad for American workers and national security.
my article: One Chance Is All a Terrorist Needs: How

On July 5, 2015 FrontPage Magazine published
DHS is failing to heed its own warnings.
Syrian 'Refugees' and Immigration

On October 7, 2015 FrontPage Magazine published my article:
Roulette: How the government is recklessly playing with American lives.
Educating 'Engineers of Jihad' at US

On November 12, 2015 FrontPage Magazine published my article:
Universities: How the legal immigration system allowed four al-Qaeda-linked terrorists to
attend US. colleges and roam free among us.
"Theft By Deception: The Immigration Con

On June 18, 2015 FrontPage Magazine published my article,
Game How politicians are robbing citizens of access to the American Dream."
On June 27, 2015 CAPS (Californians for Population Stabilization) posted my article, "Heroin Epidemic; The Real
Metric for Determining Border Security."
On December 19, 2014 Californians for Population Stabilization (CAPS) posted my extensive article: "Obama's
'Gift' to International Ten-orists: Immigration Executive Action."
"Immigration 'Refonn': Engineered Destruction

On July 22, 2014 FrontPage Magazine posted my article:
of the Middle Class,, The real reason high-tech titans are lining up behind the amnesty
effort.
On February 17, 2015 CAPS (Californians for Population Stabilization) posted my commentary: Effective
)
lmmigration Law Enforcement is 'Pro-Immigrant,' Compassionate
In October 2014 Progressives For Immigration Reform published my policy brief:

The Liberal Case for Effective Immigration Law Enforcement
A video of my presentation of my policy brief at the Progressives For Immigration Reform conference in November
2014 has been posted on You Tube.
On November 15, 2014 I was honored to join three true leaders in the United States Congress in a panel discussion on
immigration- Senator Jeff Sessions and Congressmen Louis Gohmert and John Fleming. A video of this panel
"IMJVIIGRA TION
discussion has been posted on the David Horowitz Freedom Center's website under the title,
WARS: An all-star panel takes on America's imrnigration crisis at Restoration Weekend.
The video has also been posted on YouTube under the title- "Immigration Wars."
The perspectives of these true leaders are well worth listening to.
To provide you with a bit of additional material, during my remarks at the panel discussion, I referenced my June 22,
2007 Op-Ed for the Washington Times that focused on my concerns about the previous attempt to enact
Comprehensive Immigration Reform. Senator Jeff Sessions quoted from my commentary, on three separate dates,
from the floor of the U.S. during the contentious floor debates. In my piece I recommended that Comprehensive
Immigration Reform be given a more honest and descriptive title, I suggested that it be renamed the "Terrorist
Assistance and Facilitation Act!"
I recommend you review Senator Session's statement on June 27, 2007 from the floor of the U.S.
Senate on the Immigration Bill in which the Senator made reference to my suggested new name to that
disastrous legislation in my Washington Times Op-Ed. His impassioned pleas to his colleagues averted a catastrophe
and that legislation was defeated. However, not unlike Freddy Krueger, Comprehensive Immigration Reform has been
brought back to life through the unilateral actions of President Obama and his proposed executive actions.
Furthermore, there are politicians from both patties willing to give this legislative betrayal of America and Americans
CPR!
My Op-Ed was entitled:
Immigration bill a 'No Go'

Today our nation and our citizens face a list of challenges and threats- nearly every one of which is being exacerbated
by long-standing failures of our nation to secure our borders and enforce our immigration laws. To be clear, it is not
"Anti-Immigrant" to want these two issues to be dealt with effectively. In point of fact, the same immigration laws
that mandate the categories of aliens to be kept our of our country and the terms under which aliens should be removed
from our country have absolutely nothing to do with race, religion or ethnicity, also provide for the lawful admission
of roughly one million lawful immigrants and the naturalization of hundreds of thousands of new citizens each year.
It is therefore a contradiction in terms and thinking to claim that it is "Anti-Immigrant" to support the effective
enforcement and administration of our immigration laws
Let us be clear in our thinking- it is "Pro-1mmigrant'1 to be "Pro-Enforcement!"

When the issue of immigration comes up most people purely focus on the lack of integrity to the border that
is supposed to separate the United States from America. Clearly that border lacks integrity and represents little more
than a speed bump to smugglers who transport illegal aliens and contraband including record quantities of dangerous
drugs such as heroin and cocaine into the United States.
However, there are many more components to the immigration system including systems by which aliens are granted
visas to enter the United States and various immigration benefits such as conferring employment authorization to aliens
in the United States and also include the adjudications process by which aliens are granted lawful immigrant status and
even United States citizenship.
All of these systems of the immigration system lack integrity. Aliens who have gone on to commit crimes and even
participate in terrorist attacks have often been dissevered to have successfully gamed the immigration benefits program
in order to embed themselves in communities around the United States as they went about their deadly preparations.
~n July 2, 2013 the Washington Times published my Op-Ed:

' ,
CUTLER: Tough questions about immigration 'reform' Who will find the answers while
there's still time to prevent a disaster?
On June 13, 2013 I was interviewed by Neil Cavuto at Fox News on the topic:
' Does immigrati n reform pose too many risl ?"
The interview ran about 4 minutes and is worth watching.
On April4, 2014, CAPS (Californians for Population Stabilization) posted my commentary that asks the questions all
Americans need to ask their political "representatives." My commentary is aptly titled: "flow'? Why?:
fn his historic speech before the 3rd Army on May 31, 1944, General GeorgeS. Patton said, on the strategy ofholding
a position:
"We're not holding anything, we' lllet the Hun do that. We are
advancing constantly, and we're not interested in holding onto
anything except the enemy."
Pushing back against Comprehensive Immigration Reform is the same as holding position. The time has come for us
to advance by demanding that our borders be made truly secure and our immigration laws be effectively administered
and enforced.
Comprehensive Immigration Reform violates all of the findings and recommendations of the 9/1 I Commission but no
one is willing to even consider how the lack of real border security and the lack of real integrity to the various
components of the immigration system imperil national secW'ity and public safety.
The findings and recommendations of the 9/11 Commission must be the starting point for any discussion aboul
immigration legislatimz. That commission determined that a lack of border security, including the visa process. and
fraud in the immigralion ben~fits program, enabled terrorists to enter and embed themselves in the United States, as
they went about their deadly preparations.
Immigration is not a single issue but a singular issue that impacts ne.arly every challenge and threat confronting the
United States today! Simply stated, the immigration laws were enacted to save lives and protect the jobs of American
workers. In point of fact, our borders and our immigration Jaws are America's first line of defense and last line of
defense against international terrorists and transnational criminals.
It is not "Anti-Immigrant" to be "Pro-American!"

Our armed forces are charged with securing America's borders externally while the DHS is supposed to secure those
same borders from within. The failures of the DHS to live up to its half of the equation are undermining the efforts,
valor and incredible sacrifices of Americas men and women who serve in our military!
If our government's failures to protect American jobs by securing our nation's borders and effectively enforcing our
immigration laws concerns you or especially if it angers you, I ask you to call your Senators and Congressional
"Representative. This is not only your right- it is your obligation!
All r ask is that you make it cJear to our politicians that we are not as dumb as they hope we are!
We Uve in a perilous world and in a perilous era. The survival of our nation and the lives of our citizens hang in the
balance.
American Lives Maiter/
This is neither a Conservative issue, nor is it a Liberal issue- simply stated, this is most certainly
an AMERICAN issue!
You ai'C eithct pa1-t nf the snlution or~ <lre a pa1t of the problem!
Democracy i.s not a spectator sport!
Lead, follow or get out of the way!
-michael cutler-
Please check out my website:
http://m ichae Icutler. net/
On Friday evenings from 7:00 PM until 8:00 PM Eastern Time, I host my show, "Tbe Micbael Cutler Hour" on the
USA Talk Radio Network on Blog Talk Radio.
Call in and join the conversation! Tbe phone number is 310-982-4145
Here is the link to my program and my archived shows:

USA Talk Radio
Call in via Skype for free here

(while show is Live)
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PLAINTIFF'S DECLARATION fN SUPPORT OF THE MEMORANDUM OF LAW FOR

THE :PETITION WITH COMPLAINT
Exhibit X
~ v ~ '. < ' " '
IMMIGRATION 'REFORM':
ENGINEERED DESTRUCTION OF
THE MIDDLE CLASS
The plan to reduce 'wage Inequality' by making Middle America poorer--
while the super rich pocket the difference.
July 21, 2014 Michael Cutler
(lsltesldefaultlflfeslup/oads/2014107/sl/icon-valley_o1.jpg)Periodically so-called "buzz

words" and "buzz phrasesH become fashionable. Of late, the concept of "wage equalityu
has been bandied about by member'$ of the administration, politicians and some media
personalities.
In point of fact, on July 15, 2014, the publication ~Mail Online published a report with a
self- explanatory title: "America's 1 percenters are even richer than we thought: Richest
actually control37 percent of U.S. Wealth" (http:llwww.dailymail.co.uklnewslarticle-
2693496/Amerioas-rich-rlcher-thoughtTop-1-percent-actually-contro/-37-percent-U-S-
wealth-surveys-skewed-fJiite-households-<iont-respond.html)
It has been said that "beauty is in the eye of the beholder." Similarly, the term wage
"equality" is an emotionally evocative tenn that is viewed as something good and
worthwhile to achieve. Generally this is the proper perspective, but of course it is
important to pose some significant questions. For example, "How will equality be
attained?" It is also critical to understand what baseline will be established for achieving
equality. (Will wages be increased or will some wages be decreased to bring about this
change? If, in fact, some wages will be lowered, whose wages will be lowered?)
Finally, as we will see, sometimes inequality in wages may not be a bad thing, after all.
Before we consider the words many politicians use, we would be Wise to consider two
important quotes from George Orwell, the author of "1984" and other significant literary
works.
"Political language- and with variations this is true of all political parties
from Conservatives to Anarchists- is designed to make lies sound truthful
and murder respectable, and to give an appearance of solidity to pure wind."
"In a time of universal deceit, telling the truth is a revolutionary act"
Having been forewarned let us now consider the definition of "equality."
The Merriam-Webster Online Dictionary defines equality this way:
equality
noun \i-"kwi-la-te\
: the quality or state of being equal : the quality or state of having the same
rights, social status, etc.
The term equality is often equated with fairness and an entire government agency, the
EEOC (Equal Employment Opportunity Commission) was established to combat
discrimination against protected groups of workers who are treated disparately
(unequally) because of factors such as race, religion, gender, disabilities or age.
Even young children inherently understand the concept of fairness -think of how many
times a frustrated child is likely to complain bitterly that something or someone is "not
fair!"
Recently various talk shows have discussed how the top one percent of Americans
control a huge amount of wealth. Last week, the Los Angeles Times posted a video,
"John Oliver tackles income inequality on 'Last Week Tonight'
(http:llwww.latimes.comlentertainmentltvlshowtracker/la-et-st-john-ollver-income-
inequality-last-week-tonight-20140714-story.html)" in which Oliver spent considerable
time on this issue.
America has made great strides to create a level playing field to provide all people with
equal protection under our laws - indeed, the goal of the civil rights movement and the
laws it inspired was to provide equal protection under our laws for all people, especially
black Americans, going back to the issue of slavery, with equal treatment in the criminal
justice system, where employment opportunities and where housing issues are
concerned.
In short, equality has taken on the cloak of being, as the saying goes, "As American as
apple pie." Simply uttering the word "equality" evokes the emotional image of an
American flag billowing in a gentle breeze with a clear blue sky serving as a backdrop.
Obviously if "equality" is good, "inequality" is bad. In most situations this is certainly

true.
However, when Obama and other politicians, as well as talk show hosts, bring up wage
inequality, they don't ever discuss whose salaries will be used as the baseline against
which paychecks should be compared as efforts are made to eliminate or reduce wage
inequality. People tend to see and hear what they want to see and hear. It is akin to a
Rorschach or inkblot test where the test subject Is supposed to describe what they see
in a blotch of ink.
The question that is never asked (or answered) is, "What groups are to be made more
equal?" Today the average CEO of major corporations often eam salaries that are
hundreds of times greater than the wages paid to the workers earning the least money in
those corporations where, just a few decades ago, this disparity in wages was far
smaller. It is na'ive and, indeed, wishful thinking to believe that the push for "wage
equality" is about narrowing the gap between the CEOs of most companies and the other
employees of those companies, thereby expanding the middle class and increasing the
standard of living for American middle class workers and their families.
In point of fact, the goal of the majority of advocates for the reduction of "wage
inequality" is exactly the opposite: to lower the wages of American middle class workers
and greatly reduce the gap between the middle class Americans and Americans living
below the poverty line.
)
You will find proof of this in the prepared testimony provided by Alan Greenspan1 when
he testified before the Senate Immigration Subcommittee five years ago. We will get to
his testimony shortly. His statements unequivocally dispel any doubt about the true goal
of reducing wage Inequality, the engineered destruction of America's middle class.
The American Dream is inextricably linked to a vibrant and upwardly mobile middle
class. The incentives for the creation of the middle class are created by an element of
wage inequality. If this is confusing, consider that it is expected that generally, more
highly skilled or educated workers should expect to earn more money than their lesser
educated or skilled counterparts in the workforce.
This makes perfect sense and has, for generations, provided a strong incentive for
American students, spurring them on to remain in school to obtain college degrees and
even graduate degrees. This is why most people think of the money, time and effort
expended in pursuit of advanced degrees or enhanced skills as an important investment
in their futures. You could say that this is a case of "learn more to earn more."
Where prospects for Americans, even those with the advanced degrees, achieving the
"American Dream" in this economic era are concerned, a four-word phrase sums it up
concisely:
Don't count on it!
In December 2011 "Dan Rather Reports" aired a disconcerting hour-long report, "No
Thanks for Everything" (http:llwww.youtube.com/watch?v=OeoBWz/Ruic) which
reported on how highly educated and experienced American computer programmers are
being replaced by programmers from India.
On May 15, 2007 a four~minute infuriating video (http:l!www.youtube.com/vvatch?

v=TCbFEgFajGU) was aired on "Lou Dobbs Tonight" on CNN. It features an immigration
lawyer's conference in which lawyers were being coached to "not find qualified U.S.
workers!" The lecturer is identified in the video as being Lawrence M. Lebowitz, the Vice
President of Marketing for the firm of Cohen & Grigsby.
The Winter 2014 edition of the quarterly journal, "The Social Contract" published my
extensive article on the devastating impact that Comprehensive Immigration Reform
would have on the middle class and on the economy of the United States. My article
was entitled: "American Dream Being Sold at Auction -America's Middle Class to Be Put
on Endangered Species List" (http://www. thesocialcontract. comlpdfltwentyfour-
twoltsc_24_2_cutler.pdf}
Middle class workers and the working poor are clear1y getting hammered by the current
importation of foreign workers. In life there are winners and there are losers. If American
workers - especially middle class workers -are losing, and losing big, someone must be
.J
winning. The question is simple, "Who benefits from open borders and failures to enforce
the immigration laws?
The Spring 2012 edition of "The Social Contract," contains a lengthy article which I wrote
that was entitled, "Immigration: The Modem Day Gold Rush.n
(http://WWN. thesocialcontract. comlartman2/publlshltsc_22_3/tsc_22_3_cut/er. shtml) In
my article I attempted to answer that question as to who the big winners are. Who are
those who are literally and figuratively making out like bandits by the current
circumstances. You might be surprised to find out how many are feeding at that trough.
While it is obvious that employers who hire illegal aliens or who game the system to bring
in foreign workers with visas that enable them to work in the United States for wages that
are far lower than those Americans would be paid, there are others whose ability to profit
financially and/or acquire political power might not be so readily apparent.
The list of these profiteers inclUdes banks and money remitters who become the silent
partner of every person who moves money from the United States to foreign countries. It
includes immigration attorneys who not only represent aliens but employers who seek to
hire foreign workers. Labor unions looking for more members, which translates into more
union dues and more political leverage, are certainly on board with this concept, as are
the National Chamber of Commerce and many but not all local Chambers of Commerce.
Schools are eager to bring in foreign students and at present the GAO estimates that
there are some 10,000 schools that are authorized to file the appropriate applications to
enable foreign students to come to tile United States.
The list goes on - but I think you get the point.
Facilitating the entry of still more foreign workers and more foreign students would create
still more devastation for American workers and their families but would greatly increase
the wealth of the super wealthy who are at the absolute top of the economic food chain in
America.
On August 30, 2013 "Business Insider" published a Reuters news article: "Poverty
Stresses The Brain So Much That It's Like Losing 13/Q Points
(http://www. businessinsider. com/poverty-effect-on-intal/igence-2013-8?
utm_ source=feedbumer&utm_medium=feed&utm_campaign= Feed: +businessinsiderlwarr
oom+(War+ Room)). n
The title of that alarming report makes it clear that poverty often becomes self-
perpetuating.
Notwithstanding these facts, many corporate executives are eager to import foreign
workers and foreign students, apparently to lower wages and increase corporate profit.
This is seemingly the driving force behind the assertions by such individuals as Bill
Gates, Mike Bloomberg and Mark Zuckerberg, that there are not enough high-tech
workers in the United States and that the United States must import entrepreneurs if
America is to remain successful. What no one seems to have noticed is that they
themselves are all native-born American citizens. Additionally, while Elan Musk, the
founder of Pay-Pal, the Testa car company and Space-X, was bom in South Africa, he
was provided with lawful status in the United States, providing clear evidence that this
component of the immigration system already in place works. However, the lack of
integrity and ability to weed out fraud in work-based visas all too often provides aliens
with visas they would not have been granted if the fraud had been uncovered.
The infamous bank robber, Willie Sutton, when asked why he robbed banks said simply,
"That's where the money is!" Today CEO's seek to find employees oversees in Third
World countries because that where the cheap tabor is.
Now we need to consider how the concept of reducing ''wage inequality" was used
deceptively by Alan Greenspan, the former chairman of the Federal Reserve Bank, in his
prepared testimony
(http://www.judiciary. senate. govlimolmedialdoclgreenspan_testimony_ 04_ 30_ 09.pdf)
when he addressed a hearing conducted by the Senate Judiciary Committee,
Subcommittee on Immigration, Refugees and Border Security conducted a hearing on
April 30, 2009 on the topic: "Comprehensive Immigration Reform in 2009, Can We Do It
and How?" (http://www. facebook. comlpluginsllike.php?
action=like&app_id=46744042133&channel=http://static. ak. facebook. comlconnectlxd_ar
biterNBOPAcvrynR.js ?version=41)
'Mlile many disclaimers we hear an television commercials are recited by announcers

sounding ever more like auctioneers, making it all but impossible to actually hear the
verbal equivalent of small print, Alan Greenspan's way of delivering the bad news is to
speak in a droning, syrupy, monotone voice. Greenspan's sentences are often
structured to further obfuscate what he is saying as are the words he carefully selects.
During his testimony at that hearing, Greenspan spoke of the advantages to the
employment of foreign workers- both illegal aliens, as well as high--skilled aliens
admitted into the United States -with visas that enable them to take the high-tech jobs.
In fact, he called for greatly increasing the number of highly skilled (and educated)
foreign workers.
In this excerpt from his testimony, it is clear that he understands what most Americans
want, but he could not care less:
There are two distlncUy different policy Issues that confront the Congress.
The first is illegal immigration. The notion of rewarding with permanent
resident status those who have broken our Immigration laws does not sit
well with the Amencan people. tn a recent poll, rwo-thlrrts would like to see
the number of 11/ega/s decreased.
But there is little doubt that unauthorized, that is, illegal, immigration has
made a significant contribution to the growth of our economy. Between 2000
and 2007, for example, it accounted for more than a sixth of the increase in
our total civilian labor force.
Greens. pan glossed over the significant costs on state and local governments and
minimized the issue of wage suppression. When people are among the working poor,
every cent they eam counts. He noted the imposition of significant costs on some state
and local governments, but what is significant is that corporations will make more money
even as they off-shore their manufacturing facilities and their profits to minimize labor
costs, violate safety and environmental laws and standards and certtainly dodge paying
taxes in the United States.
This should surprise no one. What level of empathy would you expect of someone who
could complain about too much money being paid to middle class workers (the privileged
elite as he referred to them)?
This is precisely the position he took when he went on to support the claims that had
been made by Bill Gates at a previous hearing that the United States needs to admit far
more high-skilled workers into the United States. Here is how Greenspan's testimony
addressed this issue:
First, skilled workers and their families form new households. They will, of
necessity, move into vacant housing units, the current glut of which is
depressing prices of American homes. And, of course, house price declines
are a major factor in mortgage foreclosures and the plunge in value of the
vast quantity of U.S. mortgage-backed securities that has contributed
substantially to the disabling of our banking system.
The second bonus would address the increasing concentration of income in

this country. Greatly expanding our quotas for the highly skilled would
lower wage premiums of skilled over lesser skilled. Skill shortages in
America exist because we are shielding our skilled labor force from world
competition. Quotas have been substituted for the wage pricing mechanism.
In the process, we have created a privileged elite whose incomes are being
supported at noncompetitively high levels by immigration quotas on skilled
I professionals. Eliminating such restrictions would reduce at least some o_f

our income inequality.
It is beyond belief that Greenspan could refer to American middle class workers as the
"privileged elite" or that such an outrageous statement could be made at a Senate
hearing and go unreported. Yet this is precisely what happened.
Most people equate Comprehensive Immigration Reform with a massive amnesty for
unknown millions of illegal aliens who have violated America's borders and immigration
laws that are supposed to protect American lives and the jobs of American workers,
thereby creating a national security nightmare.
VVhat is generally not known is that among the provisions of Comprehensive Immigration
Reform, the legislative betrayal of American citizens, is that it would provide for a huge
increase in the number of H~1 B visas for high tech workers and a provision that would,
for the very first time, permit the spouses and adult children of H-1 8 visa holders to be
granted Employment Authorization Documents (EAD's) that would give these
nonimmigrant family members as much right to any job as an American worker.
Greenspan said that American workers should no longer be shielded from foreign
competition. This Is a key area of "reform" that this legislation would deliver. Under the
current immigration laws, Title 8 U.S. Code 1182: (Inadmissible Aliens)
(http:llwww.law.eomell.edu/uscode/textl8!1182) enumerates various categories of aliens
who are to be prevented from entering the U.S. The list of excludible classes of aliens
includes aliens who suffer dangerous communicable diseases, severe mental illness,
fugitives from justice, aliens who are convicted felons, spies, terrorists; war criminals,
human rights violators, and others whose presence would undermine national security
and/or public safety.
This section of law also addresses the issue of protecting the jobs, wages, and working
conditions of the American worker. Here is the relevant portion of this section of law:
(5) Labor certification and qualifications for certain immigrants
(A) Labor certification
(i) In general Any alien who seeks to enter the U.S. for the purpose of
performing skilled or unskilled labor is inadmissible, unless the Secretary of
Labor has determined and certified to the Secretary of State and the Attorney
General that-
(/) there are not sufficient workers who are able1 willing1 qualified (or equally
qualified in the case of an alien described in clause (il)) and available at the
time of application for a visa and admission to the U.S. and at the place
where the alien is to perlorm such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and
working conditions of workers in the U.S. similarly employed.
Eliminating these provisions of our immigration laws would accomplish precisely what
Greenspan called for when he said that American workers should no longer be shielded
from foreign competition so that the "wage premiums" being paid to American workers
could be eliminated. This is not about decreasing the wage disparity between America's
super wealthy and other Americans but about greatly reducing the wage disparity
between America's middle class and Americans living below the poverty level.
Senator Ted Cruz, however, is truly leading the charge against American high-tech
workers. He provided an amendment to Comprehensive Immigration Reform (5.744)
referred to as "Cruz 5." The goal of his amendment was made crystal clear in the video of
statements by Cruz (https:I/Www.youtube.comlwatch?v=GHIG!NwsQbO) at a Senate
hearing on this issue. His amendment provides for a 500% Increase in the cap for H-18
visas, increasing the current annual cap of 65,000 such visas to an outrageous 325,000
Science, Technology Engineering and Math (STEM) professionals.
\Nhen the Labor Department reports on the unemployment rate- currently estimated to
be 6.1%- the fact that nearly 100 million Americans of working age are not working is
utterly Ignored, both in the statistics and in the way that roughly one-third of American
citizens are left out of the equation. This is a bit like a surgeon conferring with the family
of a patient who has died on the operating table telling the family that the news is not all
bad, at least the deceased in not suffering from a fever.
Politicians - Democrats and Republicans alike - seek every opportunity to call for
educating more foreign students because, they claim, that we need to bring the world's
best and brightest students and workers to the United States so that America can be
successful, often stating that we should be "stapling green cards onto the diplomas and
degrees earned by those foreign students so that they will not go back to their home
countries halfwway around the world upon graduating."
VVhat they fail to note is that we have a term for the world's "Best and Brightest" - they
are called Americans!
The assertions about the need to import the world's best and brightest to fill a supposed
lack of qualified workers are utterly false.
On January 2, 2014 the Global Post published a report written by James Tapper.
The title and subtitle of his report summed up his findings succinctly:''The Indian tech
worker H-18 visa scam: (http://www.globalpost.com/dispatchlnews/regionslasia-
pacificlindia/131210/the-indian-tech-worker-h-1b-visa...scam) More than 1 in 3 US tech
jobs go to foreigners. Americans, and many foreigners, get cheated in the process.
Obama and Zuckerberg want to let in more. "
(http:!Aw.!w. globalpost. com/dispatchlnewslregionslasia-pacific/india/131210/the-indian-
tech-worker-h-1 b-visa-scam)
Here is an excerpt from Tapper's article:
Unemployment rates are high (http:l/cew.georgetown.edu/unemp/oyment2013/)

for information systems graduates, with 14. 7 percent out of work.
The competition from foreign workers also depresses wages for Americans.
The average hourly wage (http:l/www.epi.orglpublicationlpm195-stem-labor-
shortages-microsoft-report-distorts/) for computer and mathematics graduates
was $37.27 in 2000, and $39.24 in 2011- an average rise of less than 0.5
percent per year.
And research (http://www. epi. org/pub/icationlbp359-guestworkers..f1igh-ski/l-labor-

market-analysis/) from the Economic Policy Institute contends that only half
of American students who graduate with a degree in science, technology,
engineering or maths ends up with a job in that field.
"It has nothing to do with any lack of American workers,, Professor Hira
said. ult is simply that the foreign workers will work for less."
When aliens many American spouses solely to acquire lawful immigrant status, such an
arrangement is referred to as a "Marriage of Convenience." Such a "marriage" constitutes
a federal crime, one involving fraud, wherein the alien gains lawful immigrant status by
deception and defrauding the government and the citizen "spouse" is paid for involvement
in the scam.
Today there is a new sort of "marriage of convenience" impacting immigration- this one
involves corporate executives who are normally at each other's corporate throats, but
who have joined forces for a common goal- flooding America with as many foreign
workers as possible to drive down wages and other labor-related costs. These CEOs
consistently lie about the supposed need for foreign high-tech workers because of a
purported shortage of qualified Americans. They have also pumped huge sums of
money into this effort to influence politicians about this alleged "shortage."
Politico reported on this "marriage of convenience" in its September 2013 article, "Tech
rivals joining forces on NSA, immigration." (https:lldocs.zoho.com/writerlixzz2gNNiaQva)
Here is how this report began:
They trash each other in the marketplace and sue each other in courts.
But lately. tech companies and their leaders have been holding hands to fight
for things they care about In Washington, from immigration reform to
National Security Agency damage control.
The report went on to note:
The primary example is immigration reform. Tech company lobbyists and

industry trade groups have linked arms to work for passage of legislation,
holding Monday strategy calls, deploying teams to focus on lawmakers by
party and by chamber and acting as a coordinator among the disparate
groups pushing Congress to act
Facebook CEO Mark Zuckerberg has tapped Silicon Valley's leading

executives and investors to join his reform advocacy group, FWD. us. His
group and others in the tech sector are pushing for comprehensive
immigration reform, an evolution from the industry's past strategy of
focusing narrowly on its desire for more high-skilled visas.
Although my focus is the Immigration issue, it is important to note that the Politico article
reported that the CEOs of these competing companies are also uniting to push globalist
positions to enable them to move data across international borders.
For these CEOs, profits trump America's national security and the lives and livelihoods
of Americans.
They have even convinced others to get into their "marital bed."
Consider the February 4, 2014 Breitbart report written by Matthew Boyle, "Former
Democrat Operative Helped Prepare Mark Zuckerberg's Amnesty Pitch to GOP."
(http:llwww.breitbart.com/Big-Govemment/2014102/04/Democratic-Party-operative-
helped-prepare-Zuckerberg-s-House-GOP-prrramnesty-packet)
Here Is how this report begins:
FWD. us, the pro-amnesty brainchild of Facebook billionaire Mark

Zuckerberg, made a big splash at the House GOP retreat last week in
Cambridge, Maryland, with a packet distributed to every lawmaker touting the
benefits of a big, comprehensive refonn bill.
However, the Republicans who received the document might be Interested to

learn that one of its co..authors (Jennifer Martin) Is a hardened Democratic
party operative.
The Daily Caller's article, "Zuckerberg's lobby group announces hackathon with illegal
immigrants," (http:lldailyca//er.com/2013110119/zuckerbergs-lobby-group-announces-
hackathon-with-il/egaf-immigrantsl) focused on a unique program created by Zuckerberg
and his Silicon Valley cohorts to provide opportunities expressly for illegal aliens.
The article began with this statement:
Tech-sawy Illegal immigrants are being given a chance to prove their mettle
alongside renown American technology entrepreneurs in an upcoming
contest in Silicon Valley, where they will code and create projects to promote
comprehensive Immigration reform.
Facebook founder and CEO Zuckerberg's political action committee, FWD. us,
is hoping to showcase the programming talents of members of the
technology community who would most directly benefit from comprehensive
Immigration refonn: Illegal Immigrants.
The contest. called a hackathon, will be held

(https:/ldoos.zoho.com/writerl_b/ank) at Llnkedln's headquarlers fn Mountain
View, Cslif. from Nov. 20 to 21.
Zuckerberg, Linkedln founder Reid Hoffman, Groupon founder and fonner

CEO Andrew Mason, and Dropbox founder and CEO Drew Houston are
expected to work alongside the hackathon's parlicipants as mentors

throughout the event
"Each team will create a project or application that could help supporl.ers
share stories, contact members of Congress or show family and friends why
they want meaningful immigration reform," FWD. us states on its website.
Ironically, Zuckerberg referred to this stunt as a "Hackathon." A computer hacker is one

who accesses computers by breaking in. Here he provided encouragement for illegal
aliens to break into the United States and acquire educational and career opportunities he
would joyfully provide to them, but not to desperate fellow Americans or lawful
immigrants.
Why could not this incredible opportunity have been provided to American children -
perhaps especially those living in poverty? It is reported that some 25% of all American
child~n now live below the poverty line. Many of these children are members of
America;s minority communities.
Why not provide such opportunities to returning battle-weary and/or wounded members of
the U.S. military?
Zuckerberg and his cohorts know that the administration won't ask them those questions
nor seek to take punitive actions against them for providing such opportunities to illegal
aliens. The DHS, an agency I have come to refer to as the Department of Homeland
Surrender, is no more likely to act against Zuckerberg than it is to act against sanctuary
cities that shield illegal aliens from detection by the federal government.
Some of these "illegal immigrants" may not be who they claim that they are. Some may
have entered the United States with nefarious intentions and may not have actually
entered the United States as children as they claim. This is the same vulnerability with
the "DREAMERS" who have until age 31 to file an application in which they claim to have
entered the United States before the age of 15. There is no record of their entry and their
true identities cannot be verified. Providing high-tech training to such foreign nationals
engenders unacceptable national security risks.
On March 26, 2013 CNBC posted an insightful report that was, itself, predicated on a
Sunlight Foundation report. The title of the CNBC article paints a clear picture, "Our
Massively One-Sided Immigration Debate." (http:llwww.cnbc.comlid/100593528)
Here is an important excerpt from the CNBC report:
I As it turns out, while Americans remain divided on immigration, the

lobbyists are not
The Sunlight Foundation, a do.gooder government transparency and

accountability outfit formed in 2006, on Monday released "Untangling the
Webs of immigration Lobbying
(http://sunlightfoundation. comlblog/2013103125/immigration/)1 " a report examining
the organizations that have led the charge for changing the rules on
immigration to the United States.
Sunlight dug through 8,000 lobbying reports filed since the last big push for
immigration reform in 2007. Six-thousand seven-hundred and twelve of those
involved Immigration lobbying. More than $1.5 billion was spent on this
immense lobbying push.
Members of the leadership in the House of Representatives, perhaps bowing the

pressures of that gargantuan lobbying effort, have expressed a willingness to provide
illegal aliens with lawful status.
On December 4, 2013 The Fiscal Times published an important report: "Obama's

Immigration Sop to Silicon Valley"
(http://www. thefiscaltimes. com/Co/umns/2013112/04/0bamas-lmmigratian-Sop-Silicon-
Va/ley)
Here is how this report begins:
"Is President Obama's push for more STEM grads and Increased H-18 visas
payback to the tech companies that got him re-elected? It seems possible.
While the likes of Google and Microsoft have been sounding alarms over a
shortage of technical workers, other research Indicates that In fact we may
have too many college graduates with degrees In science and math. Critics
charge that Silicon Valley has promoted the shortage myth to gain support
for policies - /Ike those promoted by the president- that ultimately aim to
keep a lid on tech pay."
With all of the frustration so many Americans now justifiably feel about their
representation (or lack thereof) by the administration and by Congress, it is essential to
note that one of the implacable stalwart champions and defenders of American workers
and their families is Senator Jeff Sessions of Alabama.
In fact, on May 16, 2014 Breitbart posted an article with a crystal clear title, "Scholars
Debunk Claims of High-Tech Workers Shortage, Question Industry's 'Free Pass.' "
(http://www. breitbart. com/Big-Govemment/2014/05116/Scho/ars-Debunk-C/aims-of-High-
Tech-Worl<'ers-Shortage-Question-lndustry-s-Free-Pass)
The article noted that:
On a Friday conference call that was organized by the office of Sen. Jeff
Sessions (R-AL), who has been relentless in standing up for American
workers and their interests during the amnesty debate, Hal Salzman, a
Rutgers University public policy professor, said current wages in the higl1
tech and information technology (IT) industries do not reflect a labor
shortage.Matloffsaid the high-tech Industry has gotten a "free ride" from the
media and enjoys a very "positive image" in this debate, which he said has
"really been a non-debate."
Here are several additional significant quotes from this article.
The myth (http:llwww.google.com/url?

sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=fja&uact=8&ved=OCCgQFjAA&ur
l=http%3A %2F%2Fwww. breltbart. com %2FBig-
Govemment%2F2013%2F11% 2F27%2FReport-Ciaims-of-SIJOrtage-of-High-Tech-
Workers-a-
Myth&ei=5YB2U7n5C9GRqgbB1YHICQ&usg=AFQjCNEtaCY/XbMaSJRRtuErYbY
DH1S2eA&bvm=bv.66917471,d.b2k) that there are such widespread labor
shortages in the high-tech industry has been debunked
(http://www. breitbart. com/Big-Govemment/20141031211Atlantic-No-Empin'cai-
Evldence-to-Support-Ciaims-of-Shortage-of-American-High-Tech-Workers) in
numerous studies, but Republicans (http://www. breitbart. com/Big-
Govemment/201410511 S!After-Backing-A mnesty-Tea-Parly-Express-Chair-Ciaims-
He-Stands-with-Sen-Sessions-Amencan-Workers) and Democrats
(http://www. breitbart. com!Big-Govemment/2014105102/Schumer-Biasts-Hatefui-
Steve-King-on-Amnesty-Falsely-Ciaims-High-Tech-Worker-Shortage) have
continued to, as the scholars noted, perpetuate it without being challenged
on their specious claims. High-tech lobbies like Facebook co-founder Mark
Zuckerberg"s FWD. us (http://fwd us!) have poured in millions of dollars in
)
high-profile campaigns to secure more high-tech visas.
And they have partly been succeeding. The Senate's amnesty bill that passed
last year would double and possibly triple the number of high-tech visas and,
as Breitbart News has reported, House Judiciary Committee Chair Rep. Bob
Goodlatte's (RVA) "SKILLS" (http://mashab/e. com/2013105123/stem-immigration-
visasl) Act that that passed out of his committee would double the number of
H-18 visas.
Ron Hlra, a public policy professor at the Rochester Institute of Technology

who has worked on these Issues for more than a decade, said on the
conference call that the H-18 visas that are filling the supposed "gaps" are
"doing more harm than good" to the U.S. science and engineering workforce.
He noted that the majority of the H-18 visas are being used for "cheaper
workers" from abroad and mentioned that offshorlng firms used 50% of the
cap last year to further their business model of bringing In "lower-cost H-18
workers to replace American workers... Salzman said that even after
American software engineers train their replacements, they cannot speak out
about their experiences for fear of being blackballed or having to forfeit their
severance payments.
Hlra said that the H-18 program has run amok because "Congress sets the
wage floors way too low" and "far below the market wages for American
workers" while not placing any "requirement to look for or 18C111it American
workers first, so there is no displacement of American workers."
~s a result. you are basically Inducing companies to game the svstem to

bring foreign workers to undercut American workers," Hira noted. "Instead of
complimenting the U.S. workers as It should, It's substituting for the U.S.
worlcforce and taking away future opportunities by shifting the work
overseas."
Here is an additional quote from the article:
.) I IT guest workers are on pace to make up 3()..400;(. of lhe entire IT worldD.n:e

even when there are 50% more (http:/lissues.org/29-4/what-shorlages-the-rea/-

evidence-about-the-stem-workforce/) graduates than job openings in the STEM
fields.
Further, Mat/off emphasized that H1-B visa holders earn 5-10% less on
average than American workers and there isa high chum rate that gives
companies a "never-ending supply of new hires," allowing them to replace
workers over the age of 35 while weakening the "bargaining position of
current workers. "The Senate bill, Mat/off said, exacerbates this problem by
providing 150% of the visas that the IT industry has said they needed at the
beginning of the debate.
"You are replacing more innovative people with less innovative people,
which also will amount to a net loss for the U.S. economy," Mat/off said,
saying, for instance, that there are fewer patents per capita
(http://heather.cs.ucdavis.edulh1b.html) produced by those from abroad than
those in America."
As a result, fewer Americans are able to move up the economic ladder

through the high-tech fields. And the problem has gotten worse since the H-
18 spigots were opened in the 1990s.
They are ignoring the obvious: That the best way to make certain that students who
acquire vital education in the United States don't leave the United States is to educate
American students. Upon graduation, rather than go half-way across the planet, they Will
simply go half-way across town and take jobs inside the United States. This will help
Americans and also the American economy. Foreign workers, both legally and illegally
working in the United States, last year sent at least 125 billion dollars in remittances
back to their home countries. Economists estimate that because of the multiplier effect
this alone increases America's burgeoning national debt by roughly a half trillion dollars
per year. Now consider the impact this further has on the displacement of American
workers who go from being tax..,aying middle class consumers to joining the growing
ranks of Americans living below the poverty line who lose their homes to foreclosure and
lose their disposable income, creating a further drag on our nation's economy.
I would argue that all of America's national debt could be eliminated by effective
immigration law enforcement coupled with "going back to the future" by making certain
that American Citizens be provided with a world class education and preference in the
workforce. This is how the "Greatest Generation" built America's Middle Class and with
it, the Amertcan Dream.
Freedom Center pamphlets now available on Kindle: Click here

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Tags: Immigration, Amnesty, reform, workers
ABOUT MICHAEL CUTLER

Michael Cutler is a retired Senior Special Agent of the former INS (Immigration and
Naturalization Service) whose career spanned some 30 years. He served as an
Immigration Inspector, Immigration Adjudications Officer and spent 26 years as an agent
who rotated through all of the squads within the Investigations Branch. For half of his
career he was assigned to the Drug Task Force. He has testified before well over a
dozen congressional heartngs, provided testimony to the 9/11 Commission as well as
state legislative hearings around the United States and at trials where immigration is at
issue. He hosts his radio show, "The Michael Cutler Hour," on Friday evenings on
BlogTalk Radio. His personal website is http:/Jmichaelcutler.net/.
)

Ex hibit Y-1
A BILL:
DISQUALIFYING THE STATE OF CALIFORNIA FROM
PARTICIPATING IN THE 2016 FEDERAL ELECTION
WHEREAS, it is incumbent upon the United States to "guarantee to every state in this union a
republican form of govemment," and to "protect each of them against invasion and on
application of the legislature,"- Constitution of the United States, Article IV, Section 4.
WHEREAS, the State of California has enacted California Assembly Bill 1461, which allows
aliens who do not hold legal residency or citizenship in the United States to vote in the 2016
federal election in violation of rights protected under the Amendments to the U.S. Constitution,
which declare that "the right of Citizens of the United States to vote shall not be denied or
abridged by the United States or by any State;
WHEREAS, said bill ofthe State of California is in violation the 1986 Immigration Reform Act,
Section 3 thereof, and Section 112 thereof; by openly working to conceal, harbor, and shield
from detection aliens; and which encourages aliens to enter, and reside in the United States, and
pursuant to said bill, which provides for such aliens to abridge the rights of Citizens of the
United States in a federal election in the United States;
Now, therefore:
1 BE IT ENACTED BY THE CONGRESS HERE ASSEMBLED THAT: THE STATE OF CALIFORNIA IS

2 HEREBY DISQUALIFIED FROM PARTICIPATING IN ANY FEDERAL ELECTION
3 OF THE UNITED STATES OF AMERICA UNTIL SUCH TIME THAT CALIFORNIA
4 ELECTION CODES ARE LAWFUL AND CONSTITUTIONAL. CALIFORNIA'S 55
5 ELECTORAL DELEGATES ARE HERBY DISQUALIFIED FROM PARTICIPATING
6 IN THE 2016 FEDERAL ELECTION AND NO VOTES FROM CALIFORNIA MAY

7 BE COUNTED IN THE FEDERAL ELECTION SCHEDULED TO OCCUR ON
8 NOVEMBER 8, 2016 OR ANY SUBSEQUENT FEDERAL ELECTIONS,

9 WHETHER BY DIRECT VOTING OR ABSENTEE BALLOT1 OR ANY OTHER
10 FORM OF BALLOT, UNTIL CALIFORNIA ELECTION CODES ARE LAWFUL
11 AND CONSTITUTIONAL;
12 SECTION 1. The State of California took overt illegal and unconstitutional actions in
13 California Assembly Bill1461, with the overt intent to abridge, defined as
1
14 ' to lessen the strength or effect of" the Right of every "legal Citizen" of
15 California to vote, by extending to "illegal aliens" (non-citizens) illegally
)
16 residing in California, voting Rights equal to that of legal California
17 Citizens, and thereby making it impossible to.ascertain which California
18 votes are legal or illegal in nature. California has thereby disqualified their
19 own voters and electors from the 2016 Federal Elections and no votes or
20 electors from the State of California will be counted in the 2016 Federal
21 election.
22 SECTION 2, The 14th Amendment to the U.S. Constitution identifies only those "born
23 in, or naturalized and subject to the jurisdiction of the Unites States" as
24 "citizens," eligible to vote, establishing that uillegal migrants" and
25 "foreign refugees" are not recognized as "citizens" eligible to vote in U.S.

26 elections. "The right of Citizens of the United States to vote shall not be
27 denied or abridged by the United States or by any State;"~ specifically
28 protected by U.S. Constitutional Amendments 15, 19, 24 and 26.
29 SECTION 3. In direct violation of SEC. 112. UNLAWFUL TRANSPORTATION OF ALIENS
30 TO THE UNITED STATES of the 1986lmmigration Reform Act, the State of
31 California has acted illegally and unconstitutionally in Assembly Billl461,

32 to "unlawfully transport, conceal, harbor, and shield from detection, or
33 attempt to conceal, harbor, or shield from detection, such alien in any
34 place, including any building or any means of transportation; and
35 encourage or induce illegal aliens to come to, enter, or reside in the
36 United States, knowing or in reckless disregard ofthe fact that such
37 coming to, entry, or residence is or will be in violation of law, and shall be
38 fined in accordance with title 18, United States Code, imprisoned not
39 more than five years, or both, for each alien in respect to whom any
40 violation of this subsection occurs.
41 SECTION 4. In direct violation of 18 U.S. Code 611- Voting by aliens-
42 (a) It shall be unlawful for any alien to vote in any election held solely or
43 In part for the purpose of electing a candidate for the office of
44 President, Vice President, Presidential elector, Member of the Senate,
45 Member of the House of Representatives, Delegate from the District
46 of Columbia, or Resident Commissioner;

47 (b) the State of California has acted to abridge the constitutionally
48 protected Right of every Citizen of California to enjoy the full force of
49 their vote, by enacting Assembly Bill1461, thereby diluting legal
50 Citizen votes with illegal alien votes and making the two
51 indistinguishable, rendering California election results null and void
52 and such practices unconstitutional and in direct violation of Federal
53 Election laws.
54 SECTION 5. The House Committee on House Administration shall be responsible for
55 the enforcement of this bill, using all Federal Law Enforcement agencies
56 at their disposal to assure the American People that no 11 illegal" (non-

57 citizens) will be allowed to vote, or be counted, in any Federal Election.
58 A. Penalties for violating this law include immediate disqualification
59 from Federal Elections, fines, imprisonment, or both, as may be
60 further established by congress.
61 B. All Federallmmigration and Naturalization Agencies shall be
62 authorized to investigate and enforce this law.
63 SECTION 6. Because the State of California has taken these actions during a current
64 presidential election, for the sole purpose of using illegal voters to
65 manipulate the outcome of the 2016 election, the effective date of the
66 bill is immediately upon its adoption by the U.S. Congress.
67 SECTION 7. All laws in conflict with this legislation are hereby declared null and void.
Introduced for Congressional Debate by _ __


PLAINTIFF'S COMBINED RESPONSE TO DEFENDANTS' MOTION TO DlSMISS
Exhibit Y-2
United States Residents Born Between 193~

and 1966 Are In For a Big Surprise --.B.>
Additional Titles
Other Federallav.s which aro
Williams CALIFORNIA DISQUALIFIED t11emselves
Articles: "uncnnstitutional" enjoy
FROM 2016 ELECTIONS? no fol'ce oflaw at all,
N'enr Gi\'C Vp our much less any form of
Electoral Colle~g federnl supremacy. The
By .J.B. Williams tenth amendment
October 27, 2016 protects the states aud the
NewsWithViews.com people from
unconstitutional acts of
The most sacred right of eve:ry legal American citizen is the right to vote - the the Federal Go,e-rnmeut.
right to not have their vote infringed or abridged by any Federal, State or Local
action. The U.S. Constitution and Bill of Rights are the Supreme Law of this
land. The rights of the people protected by these documents, belong to legal
American citizens and no one else.
Federal laws which are themselves "unconstitutional" enjoy no force oflaw at

all, much less any form of federal supremacy. The tenth amendment protects
the states and the people from unconstitutional acts of the Federal
Government.
~
However, constitutional acts of the Federal Govemment, such as constitutional
Wtlliams Federal Election Laws consistent with the U.S. Constitution and Bill of Rights,
Articles; do indeed hold "legal supremacy" over any state or local laws at odds with
Federal Law.
Approaching the 2016 Primary season, the state of California took illegal and
unconstitutional action in direct violation with Federal Election Laws by
enacting Assembly Bill1461, with the clear stated intent to~ legal
American votes with illegal alien voters.
By enacting Assembly Billl46t. the State of California created a circumstance

in which it allows illegal aliens to vote in the 2016 elections, thereby abridgj ng
the legal right of eve:ry legal American citizen living in California to enjoy the
full weight and power of their vote, countered by illegal votes making it
impossible to identify "legal" versus "illegal" votes in the State of California.
Because of California's illegal action, the nation cannot rely upon the validity of
California votes. By this action, California has disqualified California election
results from the 2016 elections and California votes and electors cannot be
legally or ethically counted in the 2016 election, or until such time that
California election laws are no longer in violation of Federal Election laws and
the U.S. Constitution.
The North American Law Center has issued a proposed DRAFr BILL for the
U.S. Congress which officially disqualifies the State of California from being
counted in the 2016 elections. As established in the proposed BILL. California
must be disqualified from the 2016 elections on the following legal grounds;
1. The State of California took overt illegal and unconstitutional
actions in California Assembly Bill1461
2. The 14th Amendment to the U.S. Constitution identifies only

those "born in, or naturalized and subject to the jurisdiction of the
Unites States" as "citizens," eligible to vote
3 In direct violation of SEC. 112. UNLAWFUL TRANSPORTATION
OF AUENS TO TilE UNITED STATES of the 1986 Immigration
Reform Act, the State of California has acted illegally and
unconstitutionally in Assembly Bil11461, to "unlawfully transport,
conceal, harbor, and shield from detection, or attempt to conceal,
harbor, or shield from detection, such alien in any place, including
any building or any means of transportation;"
4 In direct violation of 18 U.S. Code 611- Voting by aliens- (a) It

shall be unlawful for any alien to vote in any election held solely or
in part for the purpose of electing a candidate for the office of
President, Vice President, Presidential elector, Member of the
Senate, Member of the House of Representatives, Delegate from the
District of Columbia, or Resident Commissioner;
s. Because the State of California has taken these actions during a
current presidential election, for the sole purpose of using illegal
voters to manipulate the outcome of the 2016 election, the effective
date of the bill is immediately upon its adoption by the U.S.
Congress.
fi' ; l:l.l ;_~

IN 'if0'.
__ ,._;: -
FULL COPY OF THE PROPOSED BILL HERE
Any election which is illegal and unconstitutional on its face is not a legitimate
election. By enacting Assembly Billl461 with the intended purpose of
abridging the legal votes oflegal California citizens via illegal alien votes, the
State of California has delegitimized its own election process and invalidated
their own election results.
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Thus, it is both legal and ethical for the balance of the nation to disqualify the
State of California and their 55 presidential electors from the 2016 elections
until California corrects its election laws to comply with Federal Election laws
and the Constitutionally protected rights of all "legal" California voters.
The North American Law Center DRAFf BILL has been given to select
members of the U.S. House for immediate consideration.
To support this effort to prevent illegal votes from deciding the 2016 elections,
please contact your House member today and call upon them to co-sponsor
and pass this DRAfT BILL prlor to the November 8th Elections.
CONTACT HOUSE MEMBERS HERE IMMEDIATELY
2016 JB Williams -All Rights Reserved

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JB Williams is a writer on matters ofhistory and American politics with

more than 3000 piece.q published over a twenty-year span. He is co-author of
the just released book- 'rRUMPEn- The New .1crwricml RtW 1iutjou- with
co-author Timothy Harrington, publi hed by COFBooks.com. lfe lzas a
decidedly conservative reverencefm the Charter~> q,(l<'rgedom. tlze men and
women who have paid the price offreedom and libertyfm all, and action
01ien.ted real-time solutions for modem challenges. He is a Christian, a
husband, afathe1, a l'esearcher, author and w1iter as well as a small business
owner. He is co-founder ofaction organizations The Unjted States Pah"iots
llJJkm. a civilian parent organization for The Veteran Defencler.'t QfAmerica.
He is also co:founder of The North American Law Center. a citizen run
investigative legal research and activism organization focused upon
constitutionally protected Natural Rights under Natural Law. Williams also
co-hosts TNA l.C Radio every Sunday evening at s:oo PM ETwith TNALC
Lead Counsel Stephen Pidgeon and he receives mail at: ib,wwu@gmail.com
Web site J: www.PatriotsUujon.ora
Web site 2: www.VeteranD~imders.org
Web site 3: www.COFBooks.com
Web site 4: www.lNALC.org
Web sites: www.patriotvojcc.net/fNALC

E-Mail: JB. r!SPU@gmail.com
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PLA1NTIFF'S DECLARATION IN SUPPORT OF THE MEMORANDUM OF LAW FOR

JrLAINTIFF'S COMBINED RESPONSE TO DEFENDANTS' MOTiON TO DISMISS
Exhibit Z
www.TNALC.org
REPORT ON USA PATRIOT ACT VIOLATIONS

Of Hungarian-American citizen Gyorgy Schwartz, AKA George Soros
Published in the Public Interest of National Security and Sovereignty

March 2017
CONTENT
1. Official TNALC Position on the U.S. Patriot Act

2. The Stated Purpose of the Patriot Act
3. Related Provisions of the U.S. Patriot Act
4. Biographical Information on Gyorgy Schwartz, AKA George Soros
5. Statements by Gyorgy Schwartz, aka, George Soros regarding his involvement with Nazis
6. "Revolutions" financed and run by Gyorgy Schwartz, AKA George Soros
7. Soros Blue Print for "Velvet Revolution" (aka, Purple Revolution in the U.S.A.)
8. Soros Network of NGOs (non-governmental organizations)*
9. Soros NGO activities that violateu.s. Law and the Patriot Act*
10. Affiliated NGOs and their role in the "Purple Revolution"
11. Remedies Under the Patriot Act
12. Responsible U.S. Departments and Contact Information
*NGOs are non-governmental organizations, usually tax-exempt and/or tax-deductible, 501, 527, private
PACs, foundations or non-profits, think tanks, often receiving government grants and foreign donations
to finance operations, not always within the purview of the organizations publicly stated purpose.
Official TNALC Position on the U.S. Patriot Act
As a proConstitution citizen-operated education, investigation and activism non-profit organization

with a fundamental focus upon the Charters of Freedom; liberty, National Sovereignty and Security, the
North American Law Center (TNALC) has taken issue with the overly broad powers of the U.S. Patriot
Act. While we acknowledge the need for improved intelligence gathering, sharing among agencies and
national security tools in a post-911 America, we also oppose in general, the overreaching nature of the
Patriot Act, in particular, the overly broad use of the term "domestic terrorist" and the suspension of
habeas corpus provided for in the Patriot Act.
While such a powerful weapon may indeed provide for a more secure country at a time in history when
international terrorism poses a significant threat to all peaceful societies, that weapon can also be used,
and to some degree, has been used, as a weapon to silence honest peaceful dissenting political
grievances among legal American citizens deeply concerned about the future of freedom and liberty in
America.
This report is based upon existing U.S. Codes related to anti~terrorism measures designed to prevent
those who intend harm to the United States; the U.S. Constitution, our Republican form of government,
duly elected representatives ofthe American people and the American people themselves, from
carrying out any form of subversion, sedition, treachery, treason, tyranny, terrorism, insurrection or
internal insurgency against the United States.
So long as the Patriot Act remains part of U.S. Code designed to protect the United States against such
individuals, organizations and acts on American soil, these Jaws should be applied evenly to all who
operate in violation of these laws, with a clear purpose or intent to harm the United States.
Once the United States accepted foreign terrorists on U.S. soil, and vandalism or violence as a form of
"free speech," acting as though there is a "constitutional right" to terrorize this country within, the need
for a law such as the Patriot Act would become inevitable.
It is our position that the Patriot Act should not be used against peaceful legal citizens with dissenting
political views who express those views in a manner protected by the First Amendment- nor should
such a law even be necessary in the United States- and that if applied properly to all badactors who
violate these and other U.S. Laws, the Act should and will become obsolete In the future.
The Stated Purpose of the Patriot Act
The USA PATRIOT Act is an Act of Congress that was signed into law by President George W. Bush on
October 26, 2001. With its ten-letter abbreviation (USA PATRIOT) expanded, the full title is "Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act
of 2001".
Prior to the September 11, 2001 terrorist attacks in New York City and Washington D.C. which resulted
in the death of over 3000 innocent American men, women and children, the primary function of the U.S.
Department of Justice was not counter-terrorism. It's primary function within the Federal Government
was to provide for the equal application and enforcement of U.S. Laws and uphold the U.S. Constitution
and Bill of Rights.
However, with the passage of the USA PATRIOT Act, the Justice Department has taken the position that
"The Department of Justice's first priority is to prevent future terrorist attacks."
In a post-911 America, the USA PATRIOT Act was passed nearly unanimously by the Senate 98-1, and
357-66 in the House, with the support of members from across the political spectrum. According to the
U.S. Department of Justice, the stated purpose of the USA PATRIOT Act is "Preserving Life and Liberty."
11
Since its passage following the September 11, 2001 attacks, the Patriot Act has played a key
part- and often the leading role- in a number of successful operations to protect innocent
Americans from the deadly plans of terrorists dedicated to destroying America and our way of
life. While the results have been important, in passing the Patriot Act, Congress provided for
only modest, incremental changes in the law. Congress simply took existing legal principles and
retrofitted them to preserve the lives and liberty of the American people from the challenges
posed by a global terrorist network."
... "the Patriot Act has played a key part- and often the leading role- in a number of successful
operations to protect innocent Americans from the deadly plans of terrorists dedicated to destroying
America and our way of life."
Yet, known terrorists have been allowed to operate with immunity on U.S. soil before, during and since
September 11, 2001- in the form of known Islamic terror training camps -terror-funding or organizing
Mosques- as well as known national and global NGOs (non-governmental organizations) highly
organized, trained and funded by a relatively small number of anti-American insurgents with a clear,
stated intent to undermine and destroy the duly elected government of the United States, and our way
of life.
The USA PATRIOT Act was designed and passed for the single purpose of preventing such activities on
U.S. soil and they should be used judiciously for that purpose.
Related Provisions of the USA PATRIOT Act
Gyorgy Schwartz, aka George Soros and his nearly endless list of national and international NGOs are
internationally notorious for their global nation-wrecking operations. Other nations like Hungary are
taking swift governmental actions to crack down on or "sweep out" all Soros NGOs from their countries,
often introducing new legislations for that sole purpose.
But in the United States, the activities of Soros NGOs are easily identified as violations of the already
existing USA PATRIOT Act. Simplistically, among numerous other laws and provisions, the following
provisions of the Act can and should be applied to the entire Soros NGO network immediately.
{https ://www .justice .govI arch ive/11/h ighlights. htm)
Under updates to the original PATRIOT Act, Section 802 of the USA PATRIOT Act {Pub. L. No. 107-52)
expanded the definition of terrorism to cover 1'domestic," as opposed to international, terrorism. A
person engages In domestic terrorism if they do an act "dangerous to human life," including the
following acts;
(i) intimidate or coerce a civilian population;
)
(ii) influence the policy of a government by intimidation or coercion; or

(iii) to affect the conduct of a government by mass destruction, assassination or
kidnapping.
Additionally, the acts have to occur primarily within the territorial jurisdiction of the United
States and if they do not, may be regarded as international terrorism.
Seizure of assets- Sec. 806: Section 806 of the Act could result in the civil seizure oftheir assets
without a prior hearing, and without them ever being convicted of a crime. It is by far the most
significant change of which political organizations need to be aware. Section 806 amended the
civil asset forfeiture statute to authorize the government to seize and forfeit: all assets, foreign
or domestic;
(i) of any individual, entity, or organization engaged in planning or perpetrating any act of
domestic or international terrorism against the United States, or their property, and all
assets, foreign or domestic, affording any person a source of influence over any such
entity or organization or
(ii) acquired or maintained by any person with the intent and for the purpose of supporting,
planning, conducting, or concealing an act of domestic or international terrorism against
the United States, citizens or residents of the United States or their property or
(iii} derived from, involved in, or used or intended to be used to commit any act of domestic
or international terrorism against the United States, citizens or residents of the United
States, or their property.
The civil asset forfeiture power of the United States government is awesome. The government
can seize and/orfreeze the assets on the mere assertion that there is probable cause to believe
that the assets were involved in domestic terrorism. The assets are seized before a person is
given a hearing, and often without notice. In order to permanently forfeit the assets, the
government must go before a court, but at a civil hearing, and the government is only required
to prove that the assets were involved in terrorism by a preponderance of the evidence.
Because it is a civil proceeding, a person is not entitled to be represented by an attorney at
public expense if they cannot afford to pay an attorney. The time between seizure and
forfeiture can sometimes be months; meanwhile, organizations or individuals whose assets are
seized are forced to make do without the assets. Only the most financially flush non-profit
organizations would be able to successfully defend themselves against government forfeiture.
In short, without the full due process afforded in criminal cases, the U.S. government can
bankrupt political organizations it asserts are involved in domestic terrorism. (ACLU)
Biographical Information on Gyorgy Schwartz, AKA George Soros
George Soros was born Gyorgy Schwartz on August 12, 1930 in Budapest, Hungary. He graduated the
London School of Economics and Political Science and the University of Toronto Mississauga in 1954 and
has five children, Alexander Soros, Jonathan Soros, Andrea Soros, Robert Soros and Gregory Soros.
Soros founded the highly profitable Soros Fund Management LLC and Quantum Fund and has an
estimated net worth of $26.5 Billion.
He moved to New York City in 1956 and was employed as an arbitrage trader for F.M. Mayer till1959.
Afterwards he became a financial analyst for Wertheim & Co., a position he held till1963. Soros
allegedly became a dual citizen of the United States and Hungary In 1961.
Influenced by Karl Popper's views, he adapted the philosopher's ideas to develop a social theory of
'reflexivity' that could explain the market valuation of assets in the market.
In 1963 he was appointed the vice president of Arnhold and S. Bleichroeder. However, he did not find
much fulfillment in the job though he held it till1973.
He founded the Quantum Group of Funds, privately owned hedge funds, in partnership with Jim
Rogers in 1973.
During the 16 September 1992 currency crisis in the U.K. known as 'Black Wednesday', Soros made a
profit of U.S. $1 billion through short selling Sterling, gaining the name 'The Man Who Broke the Bank of
England'
He began his philanthropic activities in the 1970's when he started forming a network of foundations
mostly based in countries in Central and Eastern Europe, Soviet Union and Africa which allegedly work
to promote democratization, education and public health. The Soros Foundations operate in more than
60 countries worldwide.
He formed the first Open Society Institute in Hungary in 1984 with a budget of$3 million.
He founded the Open Society Foundations (OSF), headquartered in New York City, in 1993. The
foundations claim to support initiatives in the areas of education, rule of law and independent media
among several others.
A fervent supporter of open-border progressive and liberal political views, he donated heavily to the
U.S. political causes to support Democrats in the 2004 election. He gave $3 million to the Center for
American Progress and $20 million to America Coming Together.
He supported the economist Jeffrey Sachs in his endeavor, the Millennium Promise to provide
educational and medical aid to poverty-stricken villages in Africa. He pledged $50 million to the initiative
in 2006.
He helped found the Institute for New Economic Thinking (I NET) in 2009 with an initial funding of $50
million. The institute is a nonprofit globalism think tank based in New York City.
He donated $1 million to the Drug Policy Alliance campaign in 2010 to fund Proposition 19 to legalize
marijuana in the state of California. But the Proposition did not pass in the November 2010 elections.
He has authored or co-authored several books on financial and political issues including 'Open
Society: Reforming Global Capitalism' (2001) and 'The Age of Fallibility: Consequences of the War on
Terror' (2006).
He was presented the Yale International Center for Finance Award from the Yale School of Management
in 2000. Read more at http://www.thefamouspeopfe.com/profilesjgeorge-soros-
151D.php#53iQLfJqDZz917fr.99
Statements by Gyorgy Schwartz, aka, George Soros regarding his involvement with Nazis
The nefarious activities of George Soros have spanned the globe for decades. Much like Karl Marx, who
often spoke eloquently of "democracy" with great reverence, but also stated that "democracy is the
road to communism," Soros too has a strange view of democracy and freedom. In a May 2014 interview
with CNN's Fa reed Zakaria, Soros was asked about his involvement in the Orange Revolution in Ukraine
and Georgia. ultimately contributing to the overthrow of elected leaders and the installation of a junta
handpicked by the U.S. State Department.
Fa reed Zakaria- "First on Ukraine, one of the things that many people recognized about you
was that you during the revolutions of 1989 funded a lot of dissident activities, civil society
groups in eastern Europe and Poland, the Czech Republic. Are you doing similar things in
Ukraine?"
George Soros- "Well, I set up a foundation in Ukraine before Ukraine became independent of
Russia. And the foundation has been functioning ever since and played an important part in
events now."
The Soros insurgency model is based on his use of NGOs (non-governmental organizations) to organize
and mobilize anti-government activists and anarchists to undermine official laws and policies. often
funded by taxpayers through tax-exempt and tax-deductible "charities" operating under the guise of
"volunteer democratic" purposes, always targeting those taxpayers and volunteers in the end.
Soros has repeatedly stated in interviews, including in a 60 Minutes expose', that "1944 was the best
year of his fife." 1944 was the year that 70% of his fellow Jews were murdered in cold blood by Hitler's
Nazis, whom Soros, then age 14, admittedly openly collaborated with in that horrific event.
The exchange that then took place with 60 Minutes host Steve Kroft, was absolutely horrifying...
KROFT: My understanding is that you went out with this protector of yours who swore that you
were his adopted godson.
SOROS: "Yes. Yes."

KROFT: Went out. in fact, and helped in the confiscation of property from your fellow Jews,
friends and neighbors.
SOROS: "Yes. That's right. Yes."
KROFT: I mean, that sounds like an experience that would send lots of people to the psychiatric
couch for many, many, years. Was it difficult?
SOROS: /(No 1 not at all. Not at all, I rather enjoyed it."
KROFT: No feelings of guilt?

SOROS: "No, only feelings of absolute power."
George Soros has demonstrated throughout his life that he has no conscience, no soul, no sense of
responsibility or loyalty to anyone beyond himself. He has proven again and again that his personal
quest for wealth and power has no limits- That there is no one, no country, he will not destroy for the
sake of his own personal gain and no limit to the many methods of terror he is willing to employ in
pursuit of his ultimate agenda. He has also repeatedly demonstrated hate for the United States and the
U.S. Constitution. George Soros is best described as a white-collar Bin Laden.
Soros has wreaked havoc on nations all over the globe and is a wanted man in some countries, as a
result. Now, Soros uses the same constantly successful NGO model to destroy the United States from
within.
Seven "revolutions" financed and run by Gyorgy Schwartz, AKA George Soros
1. The 'Bulldozer Revolution' in Serbia- October 5, 2000

2. The "Rose Revolution" in Georgia- November 2003
3. The "Orange Revolution" Ukraine- November 2004
4. Soros' Radical in the White House 2004-2008- Barack Hussein Obama
5. Soros, the "Founding Father of lslamist Turkey"- June 2006
6. Soros generated civil unrest in Egypt- May 2007
7. Soros' "Purple Revolution" in the United States- 2014 to present
These notable events are only the tip of the proverbial iceberg... George Soros has been nationwrecking
ever since his involvement with Nazis In Hungary as a youth. The evil he faced in youth influenced his
world view and his drive to destroy governments, economies, currencies and people all over the globe.
Between 2004 and 2008, Soros focused his billions upon seating a known left-wing Islamic radical in the
U.S. White House, working in concert with the Democratic Party, international anti-American state
sponsors of terrorism, 60s radicals associated with Obama through William Ayers Weather Underground
and the Kennedy family to achieve that goal.
Soros Blue Print for "Velvet Revolution" (aka, Purple Revolution) in the U.S.A.
Between January 2009 and today, Soros has built an enormous network of NGOs here and abroad and
his blue print for toppling governments around the globe, across the Middle East and the United States
"the Great Satan," has never changed. His model for nation wrecking remains the same throughout the
world, as was well outlined in a 2004 three-part essay by author Richard Poe, titled Velvet Revolution,
USA;
1. Form a Shadow Government [of powerful NGOs]

2. Control the airwaves- ["fake news"]
3. Bleed the State dry- [Cioward-Piven Strategy]
4. Sow unrest- [Ferguson, Berkeley, D.C., mass divisions and riots during elections and post-
election town hall and legislative insurrections, backed by media coverage}
5. Provoke election crisis- ["rigged elections" - Russian hacking, etc.)
)
6. Take the Streets- [operation indivisible, OFA (Organizing For Action), Netroots, CAIR, MoveOn,
Code Pink, NOW, Muslim Brotherhood, LaRaza, race-baiting congressional caucuses, the
Southern Poverty Law Center and the Clinton Foundation, etc.]
7. Above all else, Outlast your Opponents
This is the NGO model Soros has used in Serbia, Turkey, Georgia, Ukraine, Hungary, the Middle East,
Britain, the EU and now the United States. The revolution names and places change, but the Soros
pattern and NGO model remains the same.
The NGO model allows Soros' global partners to funnel billions through a network on NGOs, many of
which are 501 tax-deductible and tax-exempt organizations in the United States, often receiving Federal
grants and government access to policy-makers sympathetic to the global left's anti-American agenda,
while remaining at an "arms-length" away from Soros himself for purposes of plausible deniability.
Numerous countries that have suffered the impact of a Soros NGO assault on their nations are now
moving to shut down Soros NGO operations within their borders and stop the intentional wrecking of
their people by Soros and friends.
Bloom benz reported 10. Januar'{, 2017- "Hungary plans to crack down on non-governmental
organizations linked to billionaire George Soros now that Donald Trump will occupy the White House,
according to the deputy head of Prime Minister Viktor Orban's party. The European Union member will
use "all the tools at its disposal" to "sweep out" NGOs funded by the Hungarian-born financier, which
"serve global capitalists and back political correctness over national governments," Szilard Nemeth, a
vice president of the ruling Fldesz party, told reporters on Tuesday."
The New York Times reoorted 1. March, 2017- "BUDAPEST- Emboldened by encouraging signals from
the Trump administration, populist leaders across Central and Eastern Europe are mounting
simultaneous crackdowns on nongovernmental organizations, once protected by Washington, that
promote open government, aid refugees and often serve as checks on authoritarian governments."
Why has the United States allowed Soros NGOs to wage war on other countries and the United States
from the safe haven of New York City? Simply follow the political campaign money for the answer to this
question.
Soros Network of NGOs (non-governmental organizations}
Organizations that, in recent years, have received direct funding and assistance from George Soros and
his Open Society Foundations (OSF) include the following. (Comprehensive profiles of each are available
in the "Groups" section of DiscoverTheNetworks.org}:
Advancement Project: This organization works to organize "communities of color" into politically
cohesive units while disseminating its leftist worldviews and values as broadly as possible by way of a
sophisticated communications department.
Air America Radio: Now defunct, this was a self-identified 11 1iberal" radio network.
AI-Haq: This NGO produces highly politicized reports, papers, books and legal analyses
propaganda regarding alleged Israeli human-rights abuses committed against Palestinians.
All of Us or None: This organization seeks to change voting laws-- which vary from state to state
-so as to allow ex-inmates, parolees and even current inmates to cast their ballots in political elections.
(Now expanding to illegal alien voters, Muslim refugees and lowering the voting age to 16)
Alliance for Justice: Best known for its activism vis-a-vis the appointment of progressive federal
judges. This group consistently depicts Republican judicial nominees as "extremists."
America Coming Together: Soros played a major role in creating this group, whose purpose was
to coordinate and organize pro-Democrat voter-mobilization programs. (often including busing voters to
multiple districts)
America Votes: Soros also played a major role in creating this group, whose get-out-the-vote
campaigns targeted likely Democratic voters.
America's Voice: This open-borders group seeks to promote "comprehensive" immigration

reform that includes a robust agenda in favor of amnesty for illegal aliens.
American Bar Association Commission on Immigration Policy: This organization "opposes laws
that require employers and persons providing education, health care, or other social services to verify
citizenship or immigration status."
American Bridge 21st Century: This Super PAC conducts opposition research designed to help
Democratic political candidates defeat their Republican foes.
American Civil Liberties Union: This group opposes virtually all post-9/11 national security
measures enacted by the U.S. government. It supports open borders, has rushed to the defense of
suspected terrorists and their abettors and appointed former New Left terrorist Bernardine Dohrn to its
Advisory Board.
American Constitution Society for Law and Policy: This Washington, DC-based think tank seeks
to move American jurisprudence to the left by recruiting, indoctrinating and mobilizing young law
students, helping them acquire positions of power. It also provides leftist Democrats with a bully pulpit
from which to denounce their political adversaries.
American Family Voices: This group creates and coordinates media campaigns charging
Republicans with wrongdoing.
American Federation of Teachers: After longtime AFT President Albert Shanker died in in 1997,
he was succeeded by Sandra Feldman, who slowly "re-branded" the union, allying it with some of the
most powerful left-wing elements of the New Labor Movement. When Feldman died in 2004, Edward
McElroy took her place1 followed by Randi Weingarten in 2008. All of them kept the union on the
leftward course it had adopted in its post-Shanker period.
American Friends Service Committee: This group views the United States as the principal cause
of human suffering around the world. As such, it favors America's unilateral disarmament, the
dissolution of American borders, amnesty for illegal aliens, the abolition of the death penalty and the
repeal of the Patriot Act.
American Immigration Council: This non-profit organization is a prominent member ofthe open-
borders lobby. It advocates expanded rights and amnesty for illegal aliens residing in the U.S.
American Immigration Law Foundation: This group supports amnesty for illegal aliens, on whose
u.s.
behalf It litigates against the government.
American Independent News Network: This organization promotes "impact journalism" that
advocates progressive change. (fake news)
American Institute for Social Justice: AISJ's goal is to produce skilled community organizers who
can "transform poor communities" by agitating for increased government spending on city services,
drug interdiction, crime prevention, housing, public-sector jobs, access to healthcare and public schools.
American Library Association: This group has been an outspoken critic of the Bush
administration's War on Terror-- most particularly, Section 215 of the USA Patriot Act, which it calls 11 a
present danger to the constitutional rights and privacy rights of library users."
The American Prospect, Inc.: This corporation trains and mentors young leftwing journalists and
organizes strategy meetings for leftist leaders.
Amnesty International: This organization directs a grossly disproportionate share of its criticism
for human rights violations at the United States and Israel.
Applied Research Center: Viewing the United States as a nation where "structural racism" is
deeply "embedded in the fabric of society," ARC seeks to "build a fair and equal society" by demanding
"concrete change from our most powerful institutions."
Arab American Institute Foundation: The Arab American Institute denounces the purportedly
widespread civil liberty's violations directed against Arab Americans in the post-9/11 period and
characterizes Israel as a brutal oppressor ofthe Palestinian people.
Aspen Institute: This organization promotes radical environmentalism and views America as a
nation plagued by deep-seated "structural racism.''
Association of Community Organizations for Reform Now: This group conducts voter
mobilization drives on behalf of leftist Democrats. These initiatives have been notoriously marred by
fraud and corruption.
Ballot Initiative Strategy Center: This organization seeks to advance "a national progressive
strategy'' by means of ballot measures-state-level legislative proposals that pass successfully through a
petition ("initiative") process and are then voted upon by the public.
Bend The Arc: A Jewish Partnership for Justice: This organization condemns Voter ID laws as
barriers that "make it harder for communities of color, women, first-time voters, the elderly and the
poor to cast their vote."
Bill of Rights Defense Committee: This group provides a detailed blueprint for activists
interested in getting their local towns, cities and even college campuses to publicly declare their
opposition to the Patriot Act and to designate themselves "Civil liberties Safe Zones." The organization
also came to the defense of self-described radical attorney Lynne Stewart, who was convicted in 2005 of
providing material support for terrorism.
Black Alliance for Just Immigration: This organization seeks to create a unified movement for
"social and economic justice" centered on black racial identity.
Blueprint North Carolina: This group seeks to "influence state policy in North Carolina so that
residents of the state benefit from more progressive policies such as better access to health care, higher
wages, more affordable housing, a safer, cleaner environment and access to reproductive health
services."
Brennan Centerfor Justice: This think tank/legal activist group generates scholarly studies,
mounts media campaigns, files amicus briefs, gives pro bono support to activists and litigates test cases
in pursuit of radical"change."
Brookings Institution: This organization has been involved with a variety of internationalist and
state-sponsored programs, including one that aspires to facilitate the establishment of a U.N.-
dominated world government. Brookings Fellows have also called for additional global collaboration on
trade and banking; the expansion of the Kyoto Protocol; and nationalized health insurance for children.
Nine Brookings economists signed a petition opposing President Bush's tax cuts in 2003.
Campaign for America's Future: This group supports tax hikes, socialized medicine and a
dramatic expansion of social welfare programs.
Campaign for Better-Health Care: This organization favors a single-payer, government-run,

universal health care system.
Campaign for Youth Justice: This organization contends that "transferring juveniles to the adult
criminal-justice system leads to higher rates of recidivism, puts incarcerated and detained youth at
unnecessary risk, has little deterrence value and does not increase public safety."
Campus Progress: A project of the Sores-bankrolled Center for American Progress, this group
seeks to "strengthen progressive voices on college and university campuses, counter the growing
influence of right-wing groups on campus and empower new generations of progressive leaders."
Casa de Maryland: This organization aggressively lobbies legislators to vote in favor of policies
that promote expanded rights, including amnesty, for illegal aliens currently residing in the United
States.
Catalist: This is a for-profit political Consultancy that seeks "to help progressive organizations
realize measurable increases in civic participation and electoral success by building and operating a
robust national voter database of every voting-age American."
Catholics for Choice: This nominally Catholic organization supports women's right to abortion-
on-demand.
Catholics in Alliance for the Common Good: This political nonprofit group is dedicated to
generating support from the Catholic community for leftwing candidates, causes and legislation.
Center for American Progress: This leftist think tank is headed by former Clinton chief of staff
John Podesta, works closely with Hillary Clinton, and employs numerous former Clinton administration
staffers. It is committed to "developing a long-term vision of a progressive America" and "providing a
forum to generate new progressive ideas and policy proposals."
Center for Community Change: This group recruits and trains activists to spearhead leftist
"political issue campaigns." Promoting increased funding for social welfare programs by bringing
"attention to major national issues related to poverty." The Center bases its training programs on the
techniques taught by the famed radical organizer Saul Alinsky.
Center for Constitutional Rights: This pro-Castro organization is a core member of the open
border's lobby, has opposed virtually all post-9/11 anti-terrorism measures by the U.S. government and
alleges that American injustice provokes acts of international terrorism.
Center for Economic and Policy Research; This group opposed welfare reform, supports "living
wage" laws, rejects tax cuts and consistently lauds the professed achievements of socialist regimes,
most notably Venezuela.
Center for International Policy: This organization uses advocacy, policy research, media outreach
and educational initiatives to promote "transparency and accountability" in U.S. foreign policy and
global relations. It generally views America as a disruptive, negative force in the world.
Center for Reproductive Rights: CRR's mission is to guarantee safe, affordable contraception and
abortion-on-demand for all women, including adolescents. The organization has filed state and federal
lawsuits demanding access to taxpayer-funded abortions (through Medicaid) for low-income women.
,. Center for Responsible Lending: This organization was a major player in the sub prime mortgage
crisis. According to Phil Kerpen (vice president for policy at Americans for Prosperity), CRL "sh[ook]
down and harass[ed] banks into making bad loans to unqualified borrowers." Moreover, CRL negotiated
a contract enabling it to operate as a conduit of high-risk loans to Fannie Mae.
Center for Social Inclusion: This organization seeks to counteract America's "structural racism"
by means of taxpayer-funded policy initiatives.
Center on Budget and Policy Priorities: Reasoning from the premise that tax cuts generally help
only the wealthy, this organization advocates greater tax expenditures on social welfare programs for
low earners.
Center on Wisconsin Strategy (COWS): Aiming to redistribute wealth by way of higher taxes
imposed on those whose incomes are above average, COWS contend that "it is Important that state
government be able to harness fair contribution from all parts of society- including corporations and
the wealthy.".
Change America Now: Formed in December 2006, Change America Now describes Itself as "an
independent political organization created to educate citizens on the failed policies of the Republican
Congress and to contrast that record of failure with the promise offered by a Democratic agenda."
Citizens for Responsibility and Ethics in Washington: This group litigates and brings ethics
charges against "government officials who sacrifice the common good to special interests" and "betray
the public trust." Almost all of its targets are Republicans.
Coalition for an International Criminal Court: This group seeks to subordinate American criminal
justice procedures to those of an International court.
Color Of Change: This organization was founded to combat what it views as "systemic racism"
pervading America generally and conservatism in particular.
Common Cause: This organization aims to bring about campaign~finance reform, pursue media
reform resembling the Fairness Doctrine, and cut military budgets in favor of Increased social~welfare
and environmental spending.
Constitution Project: This organization seeks to challenge the legality of military commissions;
end the detainment of "enemy combatants"; condemn government surveillance of terrorists; and limit
the President's executive privileges.
Defenders of Wildlife Action Fund: Defenders of Wildlife opposes oil exploration in Alaska's
Arctic National Wildlife Refuge. It condemns logging, ranching, mining and even the use of recreational
motorized vehicles as activities that are destructive to the environment.
Democracy Alliance: This self~described "liberal organization" aims to raise $200 million to
develop a funding clearinghouse for leftist groups. Soros is a major donor to this group.
Democracy 21: This group is a staunch supporter of the Bipartisan Campaign Reform Act of
2002, also known as the McCain-Feingald Act.
Democracy Now!: Democracy Now I was created in 1996 by WBAI radio news director Amy
Goodman and four partners to provide "perspectives rarely heard in the U.S. corporate-sponsored
media," i.e., the views of radical and foreign journalists, left and labor activists and ideological foes of
capitalism.
Democratic Justice Fund: DJF opposes the Patriot Act and most efforts to restrict or regulate
immigration into the United States-- particularly from countries designated by the State Department as
"terrorist nations."
Democratic Party: Soros' funding activities are devoted largely to helping the Democratic Party
solidify its power base. In a November 2003 interview, Soros stated that defeating President Bush in
2004 "is the central focus of my life" ... "a matter of life and death. 11 He pledged to raise $75 million to
defeat Bush and personally donated nearly a third of that amount to anti~Bush organizations. "America
under Bush," he said, "is a danger to the world and I'm willing to put my money where my mouth is."
Demos: This organization lobbies federal and state policymakers to "addres[s} the economic
insecurity and inequality that characterize American society today"; promotes "ideas for reducing gaps
in wealth, Income and political influence"; and favors tax hikes for the wealthy.
Drum Major Institute: This group describes itself as "a non-partisan, non~profit think tank
generating the ideas that fuel the progressive movement," with the ultimate aim of persuading
"policymakers and opinion~leaders" to take steps that advance its vision of "social and economic
justice."
Earthjustice: This group seeks to place severe restrictions on how U.S. land and waterways may
be used. It opposes most mining and logging initiatives, commercial fishing businesses and the use of
motorized vehicles in undeveloped areas.
Economic Policy Institute: This organization believes that "government must play an active role
in protecting the economically vulnerable, ensuring equal opportunity and improving the well-being of
all Americans."
Electronic Privacy Information Center: This organization has been a harsh critic ofthe USA
PATRIOT Act and has joined the American Civil Liberties Union in litigating two cases calling for the FBI
"to publicly release or account for thousands of pages of information about the government's use of
PATRIOT Act powers."
Ella Baker Center for Human Rights: Co-founded by the revolutionary communist Van Jones, this
anti-poverty organization claims that "decades of disinvestment in our cities"-- compounded by
"excessive, racist policing and over-incarceration"- have "led to despair and homelessness."
EMILY's List: This political network raises money for Democratic female political candidates who
support unrestricted access to taxpayer-funded abortion-on-demand.
Energy Action Coalition: Founded in 2004, this group describes itself as "a coalition of 50 youth-
led environmental and social justice groups working together to build the youth dean energy and
climate movement." For EAC, this means "dismantling oppression" according to its principles of
environmental justice.
Equal Justice USA: This group claims that America's criminal-justice system is plagued by
"significant race and class biases," and thus seeks to promote major reforms.
Fair Immigration Reform Movement: This is the open-border's arm of the Centerfor Community
Change.
Faithful America: This organization promotes the redistribution of wealth, an end to enhanced
interrogation procedures vis a vis prisoners-of-war, the enactment of policies to combat global warming,
and the creation of a government-run heath care system.
Families USA: This Washington-based health-care advocacy group favors ever-increasing

government control ofthe American healthcare system.
Feminist Majority: Characterizing the United States as an inherently sexist nation, this group
focuses on "advancing the legal, social and political equality of women with men, countering the
backlash to women's advancement and recruiting and training young feminists to encourage future
leadership for the feminist movement in the United States."
Four Freedoms Fund: This organization was designed to serve as a conduit through which large
foundations could fund state-based open~borders organizations more flexibly and quickly.
Free Exchange on Campus: This organization was created solely to oppose the efforts of one
individual, David Horowitz, and his campaign to have universities adopt an "Academic Bill of Rights/' as
well as to denounce Horowitz's 2006 book The Professors. Member organizations of FEC include Campus
Progress (a project of the Center for American Progress); the American Association of University
Professors; the American Civil Uberties Union; People For the American Way; the United States Student
Association; the Center for Campus Free Speech; the American library Association; Free Press; and the
National Association of State Public Interest Research Groups.
Free Press: This "media reform" organization has worked closely with many notable leftists and
such organizations as Media Matters for America, Air America Radio, Global Exchange, Code Pink,
Fairness and Accuracy in Reporting, the Revolutionary Communist Party, Mother Jones magazine and
Pacifica Radio.
Funding Exchange: Dedicated to the concept of philanthropy as a vehicle fur social change, this
organization pairs leftist donors and foundations with likeminded groups and activists who are
dedicated to bringing about their own version of "progressive" change and social justice. Many of these
grantees assume that American society is rife with racism, discrimination, exploitation, and inequity and
needs to be overhauled via sustained education, activism and social agitation.
Gamaliel Foundation: Modeling its tactics on those of the radical Sixties activist Saul Alinsky, this
group takes a strong stand against current homeland security measures and immigration restrictions.
Gisha: Center for the Legal Protection of Freedom of Movement: This anti-Israel organization
seeks to help Palestinians "exercise their right to freedom of movement."
Global Centre for the Responsibility to Protect: This group contends that when a state proves
either unable or unwilling to protect civilians from mass atrocities occurring within its borders, it is the
responsibility of the International community to intervene- peacefully if possible, but with military
force if necessary.
Global Exchange: Established in 1988 by pro-Castro radical Medea Benjamin. This group
consistently condemns America's foreign policy, business practices and domestic life. Following the 9/11
terrorist attacks, Global Exchange advised Americans to examine "the root causes of resentment against
the United States in the Arab world --from our dependence on Middle Eastern oil to our biased policy
towards Israel."
Grantmakers Without Borders: GWB tends to be very supportive of leftist environmental, anti-
war and civil rights groups. It is also generally hostile to capitalism, which it deems one ofthe chief
"political, economic and social systems" that give rise to a host of "social ills."
Green For All: This group was created by Van Jones to lobby for federal climate, energy and
economic policy initiatives.
Health Care for America Now: This group supports a "single payer" model where the federal
government would be in charge offinancing and administering the entire U.S. healthcare system.
Human Rights Campaign: The largest "Jesbian-gay-bisexual-transgender" lobbying group in the

United States. HRC supports political candidates and legislation that will advance the LGBT agenda.
Historically, HRC has most vigorously championed HIV/AIDS-related legislation, "hate crime" laws, the
abrogation of the military's "Don't Ask, Don't Tell" policy and the legalization of gay marriage.
Human Rights First: This group supports open borders and the rights of illegal aliens; charges
that the Patriot Act severely erodes Americans' civil liberties; has filed amicus curiae briefs on behalf of
terror suspect Jose Padilla; and deplores the Guantanamo Bay detention facilities.
)
Human Rights Watch: This group directs a disproportionate share of its criticism at the United
States and Israel. It opposes the death penalty in all cases and supports open borders and amnesty for
illegal aliens.
111am: This anti-Israel NGO seeks 11 to develop and empower the Arab media and to give voice to
Palestinian Jssues. 11
Immigrant Defense Project: To advance the cause of illegal immigrants, the lOP provides
immigration law backup support and counseling to New York defense attorneys and others who
represent or assist illegal migrants in criminal justice and immigration systems, as well as to migrants
themselves.
Immigrant Legal Resource Center: This group claims to have helped gain amnesty for some three
million illegal aliens in the U.S. and in the 1980s was part ofthe sanctuary movement which sought to
grant asylum to refugees from the failed Communist states of Central America.
Immigrant Workers Citizenship Project: This open-border's organization advocates mass illegal
immigration to the u.s.
Immigration Advocates Network: This alliance of illegal immigrant-right's groups seeks to

"increase access to justice for low-income immigrants and strengthen the capacity of organizations
serving them.''
Immigration Policy Center: IPC is an advocate of open borders and contends that the massive
influx of illegal immigrants into America is due to U.S. government policy, since "the broken immigration
system[ ... ] spurs unauthorized immigration in the first place."
Independent Media Center: This Internet-based, news and events bulletin board represents an
invariably leftist, anti-capitalist perspective and serves as a mouthpiece for anti-globalization/anti-
American themes.
Independent Media Institute: IMI administers the SPIN Project (Strategic Press Information
Network), which provides leftist organizations with 11 accessible and affordable strategic communications
consulting, training, coaching, networking opportunities and concrete tools 11 to help them "achieve their
social justice goals."
Institute for America 1s Future: IAF supports socialized medicine, increased government funding
for education and the creation of an infrastructure "to ensure that the voice ofthe progressive majority
is heard."
Institute for New Economic Thinking: Seeking to create a new worldwide ~~economic paradigm, II
this organization is staffed by numerous individuals who favor government intervention in national
economies and who view capitalism as a flawed system.
Institute for Policy Studies: This think tank has long supported Communist :and anti-Am~rican
causes around the world. Viewing capitalism as a breeding ground for 11 Unrestrained greed, 11 IPS seeks to
provide a corrective to "unrestrained markets and individualism." Professing an unquestioning faith in
the righteousness of the United Nations, it aims to bring American foreign policy under UN control.
Institute for Public Accuracy: This anti-American, anti-capitalist organization sponsored actor
Sean Penn's celebrated visit to Baghdad in 2002. It also sponsored visits to Iraq by Democratic
Congressmen Nick Rahall and former Democrat Senator James Abourezk
Institute for Women's Policy Research: This group views the U.S. as a nation rife with
discrimination against women, and publishes research to draw attention to this alleged state of affairs. It
also advocates unrestricted access to taxpayer-funded abortion-on-demand, stating that "access to
abortion is essential to the economic well-being of women and girls."
International Crisis Group: One ofthis organization's leading figures is its Mideast Director,
Robert Malley, who was President Bill Clinton's Special Assistant for Arab-Israeli Affairs. His analysis of
the Mideast conflict is markedly pro-Palestinian.
J Street: This anti-Israel group warns that Israel's choice to take military action to stop Hamas'
terrorist attacks "will prove counter-productive and only deepen the cycle of violence in the region"
Jewish Funds for Justice: This organization views government intervention and taxpayer funding
as crucial components of enlightened social policy. It seeks to redistribute wealth from Jewish donors to
low-income communities "to combat the root causes of domestic economic and social injustice." By JFJ's
reckoning, chief among those root causes are the inherently negative by-products of capitalism- most
notably "racism and gross economic inequality."
Joint Victory Campaign 2004: Founded by George Soros and Harold Ickes, this group was a major
fund raising entity for Democrats during the 2004 election cycle. It collected contributions (including
large amounts from Soros personally) and disbursed them to two other groups, America Coming
Together and the Media Fund, which also worked on behalf of Democrats.
Justice at Stake: This coalition calls for judges to be appointed by nonpartisan, independent
commissions in a process known as "merit selection," rather than elected by the voting public.
Latino Justice PRLDF: This organization supports bilingual education, the racial gerrymandering
of voting districts and expanded rights for all illegal aliens.
Lawyers Committee for Civil Rights Under Law: This group views America as an unremittingly
racist nation; uses the courts to mandate race-based affirmative action preferences in business and
academia; has filed briefs against the Depattment of Homeland Securitys efforts to limit the wholesale
granting of green cards and to identify potential terrorists; condemns the Patriot Act; and calls on
Americans to .. recognize the contributlon 11 of illegal aliens.
Leadership Conference on Civil and Human Rights: This organization views the United States as a
nation rife with racism, sexism and all manner of social injustice. It uses legislative advocacy to push for
"progressive change" that will create "a more open and just society."
League of United Latin American Citizens: This group views America as a nation plagued by "an
alarming increase in xenophobia and anti-Hispanic sentiment"; favors racial preferences; supports the
legalization of illegal Hispanic aliens; opposes military surveillance of U.S. borders; opposes making
English Americas official language; favors open borders; and rejects anti-terrorism legislation like the
Patriot Act.
League of Women Voters Education Fund: The League supports taxpayer-funded abortion-on-
demand; supports "motor-voter" registration, which allows anyone with a driver's license to become a
voter, regardless of citizenship status; and supports tax hikes and socialized medicine.
League of Young Voters: This organization seeks to "empower young people nationwide" to
"participate in the democratic process and create progressive political change on the local, state and
nationallevel(s]."
Lynne Stewart Defense Committee: IRS records indicate that Sores's Open Society Institute
made a September 2002 grant of $20,000 to this organization. Stewart was the criminal-defense
attorney who was later convicted for abetting her client, the "blind sheik" Omar Abdel Rahman, in
terrorist activities connected with his Islamic Group.
Machsom Watch: This organization describes itself as "a movement of Israeli women, peace
activists from all sectors of Israeli society, who oppose the Israeli occupation and the denial of
Palestinians' rights to move freely in their land."
MADRE: This international women's organization deems America the world's foremost violator
of human rights. As such, it seeks to "communicate[e] the real~life impact of U.S. policies on women and
families confronting violence, poverty and repression around the world," and to "demand alternatives to
destructive U.S. policies." It also advocates unrestricted access to taxpayer~funded abortion-on-demand.
Malcolm X Grassroots Movement: This group views the U.S. as a nation replete with racism and
discrimination against blacks; seeks to establish an independent black nation in the southeastern United
States; and demands reparations for slavery.
.. Massachusetts Immigrant and Refugee Advocacy Coalition: This group calls for the expansion of
civil rights and liberties for illegal aliens; laments that illegal aliens in America are commonly subjected
to "worker exploitation"; supports tuition-assistance programs for illegal aliens attending college; and
characterizes the Patriot Act as a "very troubling" assault on civil liberties.
Media Fund: Sores played a major role in creating this group, whose purpose was to
conceptualize, produce and place political ads on television, radio, print and the Internet.
Media Matters for America: This organization is a "web~based, not-for-profit ... progressive
research and information center" seeking to "systematically monitor a cross-section of print, broadcast,
cable, radio and Internet media outlets for conservative misinformation." This group works closely with
the Soros-backed Center for American Progress and is heavily funded by Democracy Alliance, of which
Soros is a major financier.
Mercy Corps: Vis-a~vis the Arab-Israeli conflict, Mercy Corps places all blame for Palestinian
poverty and suffering directly on Israel.
Mexican American Legal Defense and Education Fund: This group advocates open borders, free
college tuition for illegal aliens, lowered educational standards to accommodate Hispanics and voting
rights for criminals. In MALDEF's view, supporters of making English the official language of the United
States are "motivated by racism and anti-immigrant sentiments," while advocates of sanctions against
employers reliant on illegal labor seek to discriminate against "brown~skinned people."
Meyer, Suozzl, English and Klein, PC: This influential defender of Big labor is headed by
Democrat operative Harold lckes.
Midwest Academy: This entity trains radical activists in the tactics of direct action, targeting,
confrontation and intimidation.
Migration Policy Institute: This group seeks to create "a North America with gradually
disappearing border controls ... with permanent migration remaining at moderate levels."
Military Families Speak Out: This group ascribes the U.S. invasion of Iraq to American
imperialism and lust for oil.
Missourians Organizing for Reform and Empowerment: This group is the rebranded Missouri
branch of the now-defunct, pro-socialist, community organization ACORN.
MoveOn.org: This Web-based organization supports Democratic political candidates through

fund raising, advertising and get-out-the-vote drives.
Ms. Foundation for Women: This group laments what it views as the widespread and enduring
flaws of American society: racism, sexism, homophobia and the violation of civil rights and liberties. It
focuses its philanthropy on groups that promote affirmative action for women, unfettered access to
taxpayer-funded abortion-on-demand, amnesty for illegal aliens and big government generally.
Muslim Advocates: Opposed to U.S. counter-terrorism strategies that make use of sting
operations and informants, MA characterizes such tactics as forms of "entrapment" that are inherently
discriminatory against Muslims.
NARAL Pro-Choice America: This group supports taxpayer-funded abortion-on-demand and

works to elect pro-abortion Democrats.
NAACP legal Defense and Education Fund: The NAACP supports racial preferences in
employment and education, as well as the racial gerrymandering of voting districts. Underpinning its
support for race preferences is the fervent belief that white racism in the United States remains an
intractable, largely undiminished, phenomenon.
The Nation Institute: This nonprofit entity sponsors leftist conferences, fellowships, awards for
radical activists and journalism internships.
National Abortion Federation: This group opposes any restrictions on abortion at either the
state or federal levels and champions the introduction of unrestricted abortion into developing regions
of the world.
National Coalition to Abolish the Death Penalty: This group was established in 1976 as the first
"fully staffed national organization exclusively devoted to abolishing capital punishment."
National Committee for Responsive Philanthropy: This group depicts the United States as a
nation in need of dramatic structural change financed by philanthropic organizations (NGOs). It
overwhelmingly promotes grant-makers and grantees with leftist agendas, while criticizing their
conservative counterparts.
National Committee for Voting Integrity: This group opposes "the implementation of proof of
citizenship and photo identification requirements for eligible voters or electors in American elections as
the means of assuring election integrity."
National Council for Research on Women: This group supports big government, high taxes,
military spending cuts, increased social welfare spending and the unrestricted right to taxpayer-funded
abortion-on-demand.
National Council of La Raza: This group lobbies for racial preferences, bilingual education,
stricter hate-crime laws, mass Immigration and amnesty for illegal aliens.
National Council of Women's Organizations: This group views the United States as a nation rife
with injustice against girls and women. It advocates high levels of spending for social welfare programs
and supports race and gender preferences for minorities and women in business and academia.
National Immigration Forum: Opposing the enforcement of present immigration laws, this
organization urges the American government to "legalize" en masse all illegal aliens currently in the
United States who have no criminal records and to dramatically increase the number of visas available
for those wishing to migrate to the U.S. The Forum is particularly committed to opening the borders to
unskilled, low-income workers and immediately making them eligible for welfare and social service
programs.
National Immigration Law Center: This group seeks to win unrestricted access to government-
funded social welfare programs for illegal aliens.
National lawyers Guild: This group promotes open borders; seeks to weaken America's
intelligence-gathering agencies; condemns the Patriot Act as an assault on civil liberties; rejects
capitalism as an unviable economic system; has rushed to the defense of convicted terrorists and their
abettors; and generally, opposes all U.S. foreign policy positions, just as it did during the Cold War when
it sided with the Soviets.
National Organization for Women: This group advocates the unfettered right to taxpayer-funded
abortion-on-demand; seeks to "eradicate racism, sexism and homophobia" from American society;
attacks Christianity and traditional religious values; and supports gender-based preferences for women.
National Partnership for Women and Families: This organization supports race- and sex-based
preferences in employment and education. It also advocates for the universal"right" of women to
undergo taxpayer-funded abortion-on-demand at any stage of pregnancy and for any reason.
National Priorities Project: This group supports government-mandated redistribution of wealth -

-through higher taxes and greater expenditures on social welfare programs. NPP exhorts the
government to redirect a significant portion of its military funding toward public education, universal
health insurance, environmentalist projects and welfare programs.
National Public Radio: Founded in 1970 with 90 public radio stations as charter members, NPR is
today a loose network of more than 750 U.S. radio stations across the country, many of which are based
on college and university campuses. (government-funded propaganda machine)
National Security Archive Fund: This group collects and publishes declassified documents
obtained through the Freedom of Information Act to a degree that compromises American national
security and the safety of intelligence agents.
National Women's law Center: This group supports taxpayer-funded abortion-on-demand;

lobbies against conservative judicial appointees; advocates increased welfare spending to help low-
income mothers; and favors higher taxes for the purpose of generating more funds for such government
programs as Medicaid, food stamps, welfare, foster care, health care, child-support enforcement and
student loans.
Natural Resources Defense Council: One of the most influential environmentalist lobbying
groups in the United States, the Council claims a membership of one million people.
New America Foundation: This organization uses policy papers, media articles, books, and
educational events to influence public opinion on such topics as healthcare, environmentalism, energy
policy, the Mideast conflict, global governance and much more.
New Israel Fund: This organization gives support to NGOs that regularly produce reports
accusing Israel of human-rights violations and religious persecution.
NewsCorpWatch: A project of Media Matters For America, NewsCorpWatch was established

with the help of a $1 million George Soros grant to Media Matters.
Pacifica Foundation: This entity owns and operates Pacifica Radio, awash from its birth with the
socialist-Marxist rhetoric of class warfare and hatred for capitalism.
Palestinian Center for Human Rights; This NGO investigates and documents what it views as
Israeli human-rights violations against Palestinians.
Peace and Security Funders Group: This is an association of more than 60 foundations that give
money to leftist anti-war and environmentalist causes. Its members tend to depict America as the
world's chief source of international conflict, environmental destruction, and economic inequalities.
Peace Development Fund: In PDF's estimates, the United States needs a massive overhaul of its
social and economic institutions. "Recently," explains PDF, "we have witnessed the negative effects of
nee-liberalism and the globalization of capitalism, the de-industrialization of the U.S. and the growing
gap between the rich and poor ... "
People for the American Way: This group opposes the Patriot Act, anti-terrorism measures
generally, and the allegedly growing influence of the "religious right."
People Improving Communities Through Organizing: This group uses Alinsky-style organizing
tactics to advance the doctrines of the religious left.
Physicians for Human Right's: This group Is selectively and disproportionately critical ofthe
United States and Israel in its condemnations of human right's violations.
Physicians for Social Responsibility: This is an antiU.S.-military organization that also embraces
the tenets of radical environmentalism.
Planned Parenthood: This group is the largest abortion provider in the United States and
advocates taxpayer-funded abortion-on-demand.
Ploughshares Fund: This public grant making foundation opposes America's development of a
missile defense system, and contributes to many organizations that are highly critical of U.S. foreign
policies and military ventures.
Prepare New York: This group supported the proposed construction of a Muslim Community
Center near Ground Zero in lower Manhattan- a project known as the Cordoba Initiative, headed by
Imam Feisal Abdul Rauf.
Presidential Climate Action Project: PCAP's mission is to create a new 21st-century economy,
completely carbon-free and based largely on renewable energy. A key advisor to the organization is the
revolutionary communist Van Jones.
Prison Moratorium Project: This initiative was created in 1995 for the express purpose of
working for the elimination of all prisons in the United States and the release of all inmates. Reasoning
from the premise that incarceration is never an appropriate means of dealing with crime, it deems
American society's inherent inequities the root of all criminal behavior.
Progressive Change Campaign Committee: This organization works "to elect bold progressive
candidates to federal office and to help [them] and their campaigns save money, work smarter and win
more often."
Progressive States Network: PSN's mission is to 11 pass progressive legislation in all fifty states by
providing coordinated research and strategic advocacy tools to forward-thinking state legislators."
Project Vote: This is the voter-mobilization arm of the Soros-funded ACORN. A persistent
pattern of lawlessness and corruption has followed ACORN/Project Vote activities over the years.
Pro Publica: Claiming that "investigative journalism Is at risk,'' this group aims to remedy this
lacuna in news publishing by "expos[ing] abuses of power and betrayals ofthe public trust by
government, business and other institutions, using the moral force of investigative journalism to spur
reform through the sustained spotlighting of wrongdoing."
Proteus Fund: This foundation directs its philanthropy toward a number of radicalleftwing
organizations.
Psychologists for Social Responsibility: This anti-capitalist, anti-corporate, anti-military, anti-

American organization "uses psychological knowledge and skills to promote peace with social justice at
the community, national and international levels."
Public Citizen Foundation: Public Citizen seeks increased government intervention and litigation
against corporations- a practice founded on the notion that American corporations, like the capitalist
system of which they are a part, are inherently inclined toward corruption.
Public Justice Center: Viewing America as a nation rife with injustice and discrimination, this
organization engages in legislative and policy advocacy to promote "systemic change for the
disenfra nch ised."
Rebuild and Renew America Now (a.k.a. Unity '09): Spearheaded by MoveOn.org and overseen
by longtime activist Heather Booth, this coalition was formed to facilitate the passage of President
Obama's "historic" $3.5 trillion budget for fiscal year 2010.
Res Publica: Seeking to advance far-left agendas in places all around the world, RP specializes in
"E-advocacy," or web-based movement-building.
Roosevelt Institute: Proceeding from the premise that free-market capitalism is inherently
unjust and prone to periodic collapses caused by its own structural flaws, Rl currently administers
several major projects aimed at reshaping the American economy to more closely resemble a socialist
system.
Secretary of State Project (SOS): This project was launched in July 2006 as an independent "527"
organization devoted to helping Democrats get elected to the office of Secretary of State in selected
swing, or battleground, states.
Sentencing Project: Asserting that prison-sentencing patterns are racially discriminatory, this
initiative advocates voting rights for felons.
Social Justice Leadership: This organization seeks to transform an allegedly inequitable America
into a "just society" by means of "a renewed social-justice movement."
Shadow Democratic Party: This is an elaborate network of non-profit activist groups organized
by George Soros and others to mobilize resources-- money, get-out-the-vote drives, campaign
advertising, and policy indicatives-- to elect Democratic candidates and guide the Democratic Party
towards the left.
Sojourners: This evangelical Christian ministry preaches radical leftwing politics. During the
1980s, it championed Communist revolution in Central America and chastised U.S. policy-makers for
their tendency "to assume the very worst about their Soviet counterparts." More recently, Sojourners
has taken up the cause of environmental activism, opposed welfare reform as a "mean-spirited
Republican agenda," and mounted a defense of affirmative action.
Southern Poverty Law Center: This organization monitors the activities of what it calls "hate
groups" in the United States. It exaggerates the prevalence of white racism directed against American
minorities.
State Voices: This coalition helps independent local activist groups in 22 states work
collaboratively on a year-round basis, so as to maximize the impact of their efforts.
Talking Transition: This was a two-week project launched in early November 2013 to "help
shape the transition" to City Hall for the newly elected Democratic mayor of New York, Bill de Blasio.
Think Progress: This Internet blog "pushes back, daily," by its own account, against Its
conservative targets, and seeks to transform "progressive Ideas into policy through rapid response
communications, legislative action, grassroots organizing and advocacy, and partnerships with other
progressive leaders throughout the country and the world."
Thunder Road Group: This political consultancy, in whose creation Soros had a hand,
coordinates strategy for the Media Fund, America Coming Together, and America Votes.
Tides Foundation and Tides Center: Tides is a major funder of the radical Left.
U.S. Public Interest Research Group: This is an umbrella organization of student groups that
support leftist agendas.
Universal Healthcare Action Network: This organization supports a single-payer health care
system controlled by the federal government.
Urban Institute: This research organization favors socialized medicine, expansion of the federal
welfare bureaucracy, and tax hikes for higher income-earners.
USAction Education Fund: USAction lists its priorities as: "fighting the right wing agenda";
"building grassroots political power"; winning "social, racial and economic justice for all"; supporting a
system of taxpayer-funded socialized medicine; reversing "reckless tax cuts for millionaires and
corporations" which shield the "wealthy" from paying their "fair share"; advocating for "pro-consumer
and environmental regulation of corporate abuse"; "strengthening progressive voices on local, state and
national issues"; and working to "register, educate and get out the vote ... [to] help progressives get
elected at all levels of government."
Voter Participation Center: This organization seeks to increase voter turnout among unmarried
women. "people of color," and 18-to-29-year-olds --demographics that are heavily pro-Democrat.
.. Vote Latino: This group seeks to mobilize Latin-Americans to become registered voters and
political activists.
We Are America Alliance: This coalition promotes "increased civic participation by illegal
immigrants'' in the American political process.
Working Families Party: An outgrowth of the socialist New Party, WFP seeks to help push the
Democratic Party farther toward the left.
World Organization Against Torture: This coalition works closely with groups that condemn
Israeli security measures against Palestinian terrorism.
YWCA World Office, Switzerland: The YWCA opposes abstinence education; supports universal
access to taxpayer-funded abortion-on-demand; and opposes school vouchers.
"Secondary" or "Indirect" Affiliates of the George Soros Network
By Discover The Networks
In addition to those organizations that are funded directly by George Soros and his Open Society
Foundations (OSF), there are also numerous "secondary" or "indirect" affiliates of the Soros network.
These include organizations which do not receive direct funding from Soros and OSF, but which are
funded by one or more organizations that do.
Center for Progressive Leadership: Funded by the Soros-bankrolled Democracy Alliance, this
anti-capitalist organization is dedicated to training future leftist political leaders.
)
John Adams Project: This project of the American Civil liberties Union was accused of: (a) having
1red investigators to photograph CIA officers thought to have been involved in enhanced interrogations
Jf terror suspects detained in Guantanamo and then, (b) showing the photos to the attorneys ofthose
suspects, some of whom were senior aiQaeda operatives.
Moving Ideas Network (MIN): This coalition of more than 250 leftwing activist groups is a
partner organization ofthe Soros-backed Center for American Progress. MIN was originally a project of
the Soros-backed American Prospect and, as such, received indirect funding from the Open Society
Institute. In early 2006, The American Prospect relinquished control of the Moving Ideas Network.
New Organizing Institute: Created by the Soros-funded MoveOn.org, this group "trains young,
technology-enabled political organizers to work for progressive campaigns and organizations."
Think Progress: This "project" of the American Progress Action Fund, which is a "sister advocacy
organization "of the Soros-funded Center for American Progress and Campus Progress, seeks to
transform "progressive ideas into policy through rapid response communications, legislative action,
grassroots organizing and advocacy- and partnerships with other progressive leaders throughout the
country and the world."
Vote for Change: Coordinated by the political action committee of the Soros-funded
MoveOn.org, Vote for Change was a group of 41 musicians and bands that performed concerts in
several key election "battleground" states during October 2004, to raise money in support of Democrat
John Kerry's presidential bid.
Working Families Party: Created in 1998 to help push the Democratic Party toward the left, this
front group for the Soros-funded ACORN functions as a political party that promotes ACORN-friendly
candidates.
NOTE: During the Obama Administration, numerous Congressional Caucuses changed from
congressional bodies to private NGOs under 501 1. R.S. status, all of which work in concert with the Soros
NGOs, often receiving taxpayer grants to fund their "Purple Revolution" against America.
Soros NGO activities that violate U.s. Law and the Patriot Act
Under the PATRiOT Act, "domestic terrorism" includes anyone engaged in the following activities;
a. intimidate or coerce a civilian population;

b. influence the policy of a government by intimidation or coercion; or
c. to affect the conduct of a government by mass destruction, assassination or
kidnapping.
George Sores, his NGOs and all second-tier NGOs funded directly or indirectly by Soros or his NGOs have
been engaged in the following events inside the United States;
The airport riots over Trump's anti-terrorism travel ban

The Berkeley riots to shut down free speech on the college campus
The riots at Trump rallies resulting in the shutting down of the rally in Chicago
Ferguson Missouri riots over police reaction to racial violence
)
Destruction of private and public property intended to intimidate the public

240 arrested for Inauguration Day rioting, vandalism and violence against Trump supporters
The women's day (pro-abortion) march on DC following the Inauguration
The Standing Rock protests
Violent protests against Supreme Court Nominee Judge Gorsuch
Funding "fake news11 through "Media Matters" and countless news outlets, primary and
secondary
Working with OFA (Organizing For Action) to threaten the safety and security of and intimidate
federal and state level legislators at town hall meetings and legislative events across the country
via "operation indivisible"
Manipulation of the U.S. dollar and economy with the overt intent to profit on the demise of all
American citizens and the U.S. system of self-governance
The assault on all law enforcement agents and agencies
Too many to list here ... but all of it a matter of public records
According to detailed reports from DC leaks-
"George Soros is a Hungarian-American business magnate, investor, philanthropist, political

activist and author who is of Hungarian-Jewish ancestry and holds dual citizenship. He drives
more than 50 global and regional programs and foundations. Soros is named an architect and a
sponsor of almost every revolution and coup around the world for the last 25 years. The USA is
thought to be a vampire due to him and his puppets, not a lighthouse of freedom and
democracy. His minions spill blood of millions and millions of people just to make him even
more rich. Sores is an oligarch sponsoring the Democratic party, Hillary Clinton, hundreds of
)
politicians all over the world. This website is designed to let everyone inside George Soros' Open
Society Foundation and related organizations. We present you the workplans, strategies,
priorities and other activities of Sores. These documents shed light on one of the most
influential networks operating worldwide."- http://soros.dcleaks.com/
In short, every NGO involved in these activities is operating in violation of the USA PATRIOT Act. Soros
himself is a greater threat to the future of the United States than AI Qaeda and ISIS combined, yet he is
allowed to operate from New York City with total immunity even as his home country of Hungary rushes
to shut him and his evil NGOs down.
In fact, the USA PATRIOT Act was created precisely for the purpose of granting the federal government
broad powers to eliminate these types of threats presented by a maniacal madman like Soros. This
individual and his network of organizations are the embodiment of anti-American evil and there can be
no 11draining of the swamp" so long as this individual and his network of NGOs are allowed to e><ist
within the United States.
Affiliated NGOs and their role in the "Purple Revolution"
In the "Velvet Revolution" model Soros has used to destroy governments and nations around the globe,
Soros now leads a "Purple Revolution" inside the United States againstthe duly elected government of
the American people.
Working with Bill and Hillary Clinton and Barack Hussein Obama through their foundations (NGOs),
Soros has launched the "Purple Revolution" in the United States after Trump's victory in the 1016
election. The "Purple Revolution" will resist all efforts by the Trump administration to push back against
the globalist policies of the Clintons and ex-President Barack Obama. The Purple Revolution also seeks to
make the Trump administration a short one through Soros-style street protests and political disruption
aimed at making Trump appear to be unfit for office.
From the Inauguration Day riots to U.C. Berkeley- the disruption of town hall meetings in the home
districts of the U.S. legislators to disruptions in state legislative affairs- racial divisions- sexual
orientation battles- vandalism and violence bodily threats to Trump and his supporters- all of it is
part of the Purple Revolution organized and funded primarily by Soros and Soros NGOs.
The use of a network of NGOs is again, a method of laundering money from Soros through a network to
key NGOs, political figures and media outlets while maintaining "plausible den lability" among the
recipients of that funding. They can state "we are not funded by George Soros" so long as that money
came in laundered through one or more of the Soros related NGOs or Soros employees thereof. It's all a
ruse intended to conceal the very real fact that nation-wrecker Soros has the United States in his
crosshairs and many friends on his side in this battle.
The Purple Revolution against Trump, 63 million voters and America is identical in nature to the Soros
Rose Revolution in Georgia, the Orange Revolution in Ukraine, the Velvet Revolution in Hungary and his
"open society" revolution across the Middle East.
Remedies Under the Patriot Act
After September 11, 2001, the USA PATRIOT Act was created for just such a circumstance, wherein an
individual or groups of individuals were conspiring to overthrow the duly elected U.S. Government using
a multitude of revolutionary tactics to undermine, subvert, undermine and destroy the Constitutional
system of government that provides for the American way of life.
As demonstrated in detail above, Section 802 of the USA PATRIOT Act (Pub. L No. 107-52) includes all of
the activities of Soros and his network of NGOs under the definition of "domestic terrorism." As a result.
Soros, his NGOs and all secondary related NGOs funded and/or controlled, or otherwise affiliated with
Soros for the purpose of carrying out his Purple Revolution, can be shut down, detained, ~harged,
prosecuted and convicted under the USA PATRIOT Act as acknowledged by even the ACLU.
Further, under Seizure of assets- Sec. 806:- All national and international personal, business, NGO and
related NGO assets can be immediately frozen, seized and ultimately forfeited to the United States
Federal Government, putting the entire Soros NGO Revolution against America out of business
immediately.
The U.S. Departments of Homeland Security and Justice are well-equipped to fully investigate, detain,
seize and prosecute the case against the most dangerous anti-American network of terrorists
threatening the security and sovereignty ofthe United States today.
)
These Departments under the Trump Administration must move swiftly to end the assault on the United
States emanating from Soros and his network of NGOs before they destroy Trump, his administration
and the future of the United States.
Responsible U.S. Departments and Contact Information
To take citizen action on behalf of this report, please contact the following agencies ...
Attorney General Jefferson Sessions

U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 205300001
Department Comment Line: 202-353-1555
Department of Justice Main Switchboard: 202-514-2000
The Honorable John F. Kelly

Secretary of Homeland Security
Washington, D.C. 20528
Operator Number: 202-282-8000
Comment Line: 202-282-8495
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Case l:16-cv-01496-BKS-DJS Document 39 Filed 05/19/17 Page 1 of 2

UNITED STATES DISTRICT COURT

THE STATE OF CALIFORNIA, E T A L

DATED: May 19, 2017

Federal Rules of Appellate Procedure

(a) Appeal in a Civil Case.

UNITED STATES DISTRICT COURT

T H E S T A T E O F C A L I F O R N I A with Edmund Gerald

Christopher Earl Strunk

Hon. Brenda K . Sannes, United States District Judge:

2016 presidential election and consequently "dilute[d] and disproportionately diminishe[d]

2 In Wisconsin v. City of New York, the Supreme Court explained:

and conspiracy to deny equal protection, in violation of the Fourteenth Amendment;

infringement of speech and association rights, in violation of the First Amendment;

Defendants' motions to dismiss are granted and the Complaint is dismissed.

Though disjointed and incomprehensible at points, the pro se Complaint, construed

Citizen." (Af. at 39-40).

concerning the slates o f electors in New York. (Id, at fl 34-38).

According to the Complaint in 2014, the N Y C Defendants "started issuing N Y C

profit or trust." (Id. at K 74).

situated," in violation o f the First Amendment (Dkt. No. 1, ^ 85).

In the Fifth Cause o f Action, Plaintiff alleges "disproportionate dilution of House

disproportionately diminished, in violation of 8 U.S.C. 1324, 2 U.S.C. 2a(c)(4), and 18

U.S.C. 611. (Dkt. No. 1, fl 87-94).

this case under 28 U.S.C. 2284. (Dkt. No. 24).

A. Three-Judge Panel - 28 U.S.C. 2284(a)

convened . . . when an action is filed challenging the constitutionality of the apportionment o f

congressional districts or the apportionment of any statewide legislative body." 28 U.S.C,

shall be a circuit judge." Id. at 2284(b)(1).

"[T]he three-judge requirement in 22 U.S.C. 2284 is jurisdictional." Kalson v.

equated "constitutional insubstantiality . . . with such concepts as 'essentially fictitious,' 'wholly

Osser, 409 U.S. 512, 518 (1973)).

constitutionality of the apportionment of congressional districts," within the meaning of 28

apportionment); Commonwealth of Massachusetts v. Mosbacher, 785 F. Supp. 230, 236-37 (D.

for lack of jurisdiction.

B. Motion to Dismiss - Rule 12(b)(1)

of the Article I I I jurisdictional limit of federal courts to deciding 'cases' or 'controversies' is

particularized . . . and (b) actual or imminent, not conjectural or hypothetical." Montesa v.

disproportionately diminished] individual vote property and expectation o f a fair ballot" in

House representation and dilutes his vote. (Id.).

resulting apportionment is . . . unconstitutional in that illegal aliens should be separately counted

In Strunk v. United States Department of Commerce, one o f Plaintiff s prior cases,

The Court explained:

United States House of Representatives, leading to the "disproportionate^ d i l u t i o n of]

Second Cause o f Action is dismissed.

Plaintiff lacks standing to bring this claim.

C. Motion to Dismiss - Rule 12(b)(2)

defendants and dismiss the complaint i f it lacks such jurisdiction").

"The plaintiffs obligation varies . . . depending on whether the jurisdictional

determination is made prior to or subsequent to discovery." Capitol Records, LLC v. VideoEgg,

(internal punctuation and footnote omitted).

revenue from interstate or international commerce." Id.

Defendants. 8 Waldman, 835 F.3d at 332-33.

IV. AMENDED COMPLAINT

For these reasons, it is

O R D E R E D that the Complaint is D I S M I S S E D without prejudice; and it is further

O R D E R E D that the Clerk of the Court is directed to close this case.

Date: May 19,2017

Christopher Earl Strunk, in esse Sui juris

Subject: File Documents

Dear Clerk of the Court,

In conformance with the Rules, Undersigned hereby files documents:

1. PETITIONER'S MEMORANDUM OF LAW FOR PLAINTIFF'S COMBINED