STATE OF MICHIGAN IN THE 7TH CIRCUIT COURT FOR THE COUNTY OF GENESEE BRIAN BARKEY, DORIS BARKEY, Case Now QUINCY MURPHY, MARYUM RASSOL, NAYYIRAH SHARIFF, AND AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN, Hou, Plainttis, INEZ BROWN, i hs official espa City Clerk forthe City of Flint, and CITY OF FLINT, Defendants ‘Shankar Duraiswamy* ANGELA WHEELER (64079) Sarah Suwanda* ‘Attorney for Defendants Corey Walker* Inez Brown and City of Flint Covington & Burling LLP City of Flint One CityCenter 1101 S. Saginaw St, Third Floor 850 Tenth Street, NW Flint, M1 48502 ‘Washington, DC 20001-4656 awheeler@cityoffint.com (202) 662-6000 sduraiswamy@eov.com ssuwanda@eov.com cowalker@eov.com * Pro ac vice motions forthcoming Daniel S. Korobkin (P72842) ‘American Civil Liberties Union Fund of Mictigan 2966 Woodward Ave. Detroit, MI 48201 G13} 578-6824 shorobkin@aclumichors, ‘Alec 8. Gibbs (P73593) Cooperating Attomey, American Civil Liberties ‘Union Fund of Michigan Law Offices of Gregory T. Gibbs TITS. Grand Traverse St Flint, M1 48502 (810) 259-9470bhsale@gmail.com ‘Muna Jondy (P7834) Cooperating Attomey, American Civil Liberties Union Fund of Michigan Law Office of Muna Jondy 4400 S. Saginaw St. Ste. 1360 Flint, MI 48507 G10) 820-8691 ‘muna@jondylaw.com , DEFENDANTS INEZ, BROWN AND CITY OF FLINTS ANSWER TO PLAINTIFE’S CO 7 NOW COMES DEFENDANTS, nez Brown and City of Flint, hy andl through her attomey, ‘Angela Wheeler and for Answer to Plainti"s Complaint state a follows 1. Defendants lack knowledge and information sufficient to form a belifas tothe truth of| the-mutter asserted in Parauraph 1, and thus lave Pais to thelr profs 2, Theallegations in this paragraph ae e legal contusion to which no respons is required, To the extent a response is required, the statute speaks for itself" 3. The constitutional provision refered to inthis paragraph speak fr itself. Defendants ‘Admit that City Clerk Inez Brown is an election official authorized to ia absesoe voter ballots. 4. The provisions of MCL 168.761(1) speak for itself. To the extert a responses requir, Defendant tates inthe affirmative that Pursuant to MCL 168-7011), the duty to commence sending ut ballots does not begin immediately upon receipt ofthe application ifthe application is received before the printing ofthe absent voter ballots, but as soon as the hallots are received hy the clerk. In addition, the duty to distribute absentee ballots iz1. ‘only implicated if “the signature on the application agrees with the signature for the person contained inthe qualified voter fle or on the registration card.” MCL 168.761(1). ‘he allegations in this paragraph are legal conclusions to which no response is required. To the extent that a response is required, Defendants deny. Defendants admit thatthe state rrimary election is August 4,2020, Defendants deny that they have failed to comply with the legal requirements. Defendants admit in part. City Hall has been physically closed since March 17, 2020 due ‘to the COVID-19 pandemic. Defendant states inthe affirmative that the public continued ‘to have access tothe Clerk's office and its resources by email, telephone ani appointment. On Monday, July20, 2020, the City Clerk’ office physical location will reopen to the public to receive absentee ballot requests, to register voters and provide voter education to clarify any questions by citizens (See Exhibit 1, Press Release). Defendanss deny. Defendants deny that violations have occurred. Defendants neither confirm nor éeny the ms, lacking sulicient information to form a belief as ro the truth of the seuntining alle ‘matter asserted, and leave Plaintiffs to their proofs. ‘The allegations in this paragraph constitute a legal conclusion to which no response is required. To the extent a response is required, Defendants deny. ‘The allegations inthis araraph eonstute a legal conclusion to which no response is required. To the extent a response is required, Defendants deny. Defendants affirmatively stat that on Monday, July 20,2020, the City Clerks ofc wil reopen ts physical leaton the public ta receive absentee ballot requests, to register voters and provide voter education to clarify any questions by citizens,2. 20. a PARTIES DDefenvdants lack knowlege and information sufficient to form a slief as to the truth of the matter asserted in Paragraph 12, and thus leave Plaintif to his profs. Defendants lack knowledge and information sufficient to form a belief as tothe truth of ‘the matter asserted in Paragraph 13, and thus leave Plaintiff to his proofs. sat to form a boliof as tothe truth of Defendants lack knowledge and information suffi the matter asserted in Paragraph 14, ad thus leave Plaintitt to his proofs. Defendants lack knowledge and information sufficient to form a belief as tothe truth of. the matter asserted in Paragraph 15, and thus leave Plaintif to his proofs, ‘Defendants ack knowledge and information sufficient to form a belie as tothe truth of the matter asserted in Paragraph 16, and thus leave Plaintiff to his proofs. Defendants state in the affirmative that Ms. Shariff submitted her application through the State of Michigan online and it was received by the Clerk's Office on July 14, 2020, See Exhibit 2 ‘Defendants lack knowledge and information sufficient to form a belief as tothe truth af the matter aserted in Paragraph 17, and thus leave Plaintiff to his proofs. ‘The allegations in this paragraph are a statements of law and legal conclusion to which no- response is required. To the extent a response is required, the statute speaks for itself Defendants art JURISDICTION Defendants admit Defendant admits,2, 2. m4, 25, 26. 28 29. 30. 31 Defendants admit. Defendants deny thatthe ity of Flin is «proper defendant here as the City of Flint is not the Chief Election official NECCESSITY FOR EXPEDITED CONSIDERATION AND IMMEDIATE ACTION Defendants deny Defendant deny FACTUAL ALLEGATIONS Defendants lack knowledge and infomation sufficient to form a belie as wo the uth of the matter asserted in Paragraph 25, and thus leave Pant his profs ‘The text of Proposal 3 speaks for itself: Defeulants deny thal the right w vote is unqualified and unconditional Anicle 2, Seton 4 ofthe Michigan Constitution spsks forts. Defendants deny that any such rights are unqualified and unconditional Article 2, Seton 4 ofthe Michigan Constitution spesks for itsl. The allegations in this paragraph are legal conclusion to which no response fs required. To the exten response is equired, the statute speks for itself. ‘The allegations inthis paragraph are statements of aw to which no response is required. To the extent a response is required, the statute speaks for itself ‘The allegations in this paragraph are a statements of law to which no response is requited. To the extent a response is required, the statute speaks fer itself, Defendants admit ‘The allegations in this paragraph are statements af law to which no response is requited. To the extent a response is required, the statute speaks for itself,4 39, 40. 4. Q, a “The alegatios inthis paragraph area legal conclusion to which no response is requied. To the extent a response is required, the statute speaks for itself. ‘The allegations inthis paragraph are statements of law to which no response is reuited. To the extent x response is require, the strate speaks for isl." Defendants admit. Defendants admit that the hours std are posted “The allegation in this paragraph area statements of aw to which no response is required. To the exten a response is required, the statute speaks for itself ‘The allegations inthis paragraph are conclusions of law to which ne response i required. Defendant states in the affirmative that Pursuant to MCL 168.7611), the duty to commence sending out ballots does not begin immediatly upon receipt ofthe application ifthe application i received before the panting ofthe asent voter halos, bt a saan as the ballots are received by the clerk. Defendant admits that the primary election is Tuesday, August 4, 2020. Defendants deny. Defendants deny. City Hall has heen closed since Match 17,2020 due tothe COVID-19 pandemic. Defendant states inthe affirmative thatthe pubic continued to have access to the Clerk’ office resources by email, telephone and appointment. On Monday, July 20, 2020, the City Clerks office physical location wil ropen to the publicto receive sven ballot request, o restr voters and provide vote education to clarity any questions by citizens. Defendant denies, Defendant states in the affirmative thatthe public continued 1 have access to the Clerk’ office by email, telephone and appointment. On Monday, July 20,45, co 48, 2 2020, the City Clerk's office physical location wll reopen to the public to receive absentee ballot requests, to register Voters and provide voter education to clarify any questions by citizens Defendants éeny. Defendants agree that FlintBeat reported as described, and thatthe Secretar of State issued a press release as deserhed Defendants lack knowledge and information sufficient to form a belief a tothe truth of the matter asserted in Paragraph 46, and thus leave Plaintiff to his proofs Defendants admit thatthe ACLU sen the letter identified as Exhibit 6 Defendants admit in part that Clerk Brown received the ballots on June 25,2020, but deny the balance ofthe allegations. Defendants state in the affirmative thatthe ballots ‘must be tested prior to sending out tothe voter to mate sure that the residents vote will he counted inthe primary election, See Exhibits 3 & 4, Affidavits of Inez M, Brown and Barb Harrington). Defendants deny. As of July 14, 2020 over 5,000 absentee halls were mailed out As ‘of uly 16, 2020 over 7,000 absentee ballots were mui ou (See Exhibit 5, Blot Sent and Retumed Summaries). Defendants deny forthe reason thatthe allegations are untrue. Defendant has and. continues to comply with her legal duty Defendants deny forthe reason thatthe allegetions av watus. Defeat sd continues fo comply with her legal duty. Lbefendans deny forthe reason thatthe allegations are untrue. 733. 56. 3 5. 59, 61. Defendants deny that they have failed to comply with the law, Defendant lack sufficient ‘information to forma belief as tothe truth of the remaining allegations and neither admit ‘nor deny the remaining allegations in this paragraph and leave Plaintiffs to their proo’. ‘The allegations in this paragraph area legal conclusion to which no response is requited. Defendants lack knowledge and information sufficient to form a belief as to the truh of ‘the matter asserted ard thus leave Plaintiff to their proofs, Defendants lack knowledge and information sufficient to form a belief as tothe truth of ‘the matter asserted in Paragraph 56, and thus leave Plaintiffs to their proofs. Plaintiff ‘state in the affirmative thatthe City Clerk has worked cooperatively with the U.S. Postal ‘Sexvive for over u evade. As a revult ofthis partnership, when an elec arises, the postat service makes the election ballots priority to be returned tothe City Clerk's office bypassing the regional sorting facility. ‘See Defendants’ answer to Paragraph 56, ‘See Defeudants* answer o Paraysaph 56, Defendant denies the Plaintiffs concems are more than theoretical. Defendants lack {knowledge and information sufficient to form a heliet as tothe truth ofthe balance ofthe ‘matter asserted in Paragraph 59, and thus leave Plaintiff to is proofs ‘The allegations in this paragraph are fegal conclusions to which no response is required. To the extent that a response is required, Defendants deny. COUNT VIOL ATION OF MICHIGAN CONSTITUTION, ARTICLE 2, LURE TO 18! ERSON Defendants incorporate their responses tothe aforementioned paragraphs as if they were {ally set forth herein,2. 63. 61 o. 7. n Te B. m4 15, 16. Declaratory Relief Defendants admit the Courts authority Defendants deny. Defendants ny. ‘Defendants deny. Writ of Mandamus Defendant admit the Couns author Defendants admit. The allegations inthis paragraph constitute a legal conclusion to which no response is necessary, To the extent that a response is necessary the relevant statues speak fee themselves ‘The allegations inthis paragraph area legal conclusion tn which no response is required To the extent a response is equited, the slate speaks for tel. Defendants deny. Preliminary and Permanent Injunctive Relief Defendants deny. Defsadans ny. Defendants lack knowledge and information sufficient to form a belief a tothe truth of the mater asserted in Paragraph 73, and thus leave Plaintiff his proofs Defendants deny. Defendants deny. Defendants deny.n 8, 19, 8. 81 2, 83, COUNT II VIOLATION OF MCL 168.761: FAILURE TO ISSUE ABSENTEE BALLOTS ATELY Defendant incorporate its responses othe aforementioned paragraphs as if they were fally set forth herein Declaratory Relief Defendants admit the Counts authority Defendants deny. Defendant admit in part that there sno agreement to rroeed ballot application within 24 hours. However, Defendants agree to continue to comply with the requirements ofthe Michigan lection law and continue to proces absentee ballot application request as they arc received bythe Clk’ office ad in he oer in which they are recived, To that, nd, there ae 12 fl ime election workers that are working 40 hours wesk dedication solely tothe processing of absentee ballot applications. Also election workers are also ‘working Saturdays and Sundays to process absentee aplication (See Exhibit 3, Aidavit of ine M. Brown). Plant's request shouldbe deni Writ of Mandamus Defendants admit the Courts authority. Defendant adit. Defendant tates inthe affirmative that Pursuant to MCL 168.761(1), the duty to commence sending ou allots doesnot begin immediately upon receipt of the pplication i the application i received before the pining ofthe absent voter ballots, ‘but as soon as the hallots are received hy the clerk 0a, 85. 86, a1, aR 99, 90. on 92. ‘The allegations in this paragraph constitute legal conclusion to which no response is necessary. To the extent that a response is necessary, the relevant statutes speak for themselves, Defendants admit. Defendant states in the affirmative that Pursuant to MCL 168.761(1), the duty to commence sending out ballots does not began immediately upon receipt of the application ifthe application is received before the printing of the absent voter ballots, but as soon as the ballots are received by the clerk. Defendants deny. Preliminary and Permanent Injunctive Relief Defendants deny. As of July 16, 2020 over 7,000 absentee ballots were mailed out. efendans deny. Defendants er admit nor deny, lacking sufficient infoumation so aso font a beet sto the truth of the matter asserted, and leave Plaintiffs to their proofs. Defendant den Defendants deny. Defaadants deny. WHEREFORE, Defendants pray that this honorable court dismiss Plaintiff's cause of action with, prejudice and award Defendants attomey fecs and cost and any other relief which it deems appropriate Duel: 7-/7-B0I0 Respectflly submited, thule ANGFLA WHEELER (P&a079) Attorney for Defendants2 1101 S. Saginaw St, Third Floor Flint, MI-48502 ($10) 766-7146STATE OF MICHIGAN IN THE 7TH CIRCUIT COURT FOR THE COUNTY OF GENESEE: BRIAN BARKEY, DORIS BARKEY, ‘Case Ne, QUINCY MURPHY, MARYUM RASSOL, NAYYIRAH SHARIFF, AND AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN, Hoa: Plaintiffs, INEZ BROWN, in her official capacity as City Cleek for the City ef Flint, and CITY OF FLINT, Defendants ‘Shankar Duraiswamy* ANGELA WHEELER (P64079) ‘Sarah Suwanda* ‘Attorney for Defendants Corey Walker* Inez Brown and City of Flint Covington & Burling LLP City of Flint One CityCenter 1101 S. Saginaw St, Third Floor 850 Tenth Street, NW Flint, MI 48502 ‘Washington, DC 20001-4656 awheeler@eityoffint.com (202) 662-6000 sdursiswamy@eov.com ‘suwanda(@cov.com ‘ewalkeri@eov.com * Pro hic vice motions forthcoming Danie! 8. Korobkin (P72842) ‘American Civil Liberties Union Fund of Michigan 2066 Wandward Ave Detroit, MI 48201 G13) 578-6824 dkonubkin@aclumichers ‘Alec S. Gibbs (P73593) Cooperating Attorney, American Civil Liberties ‘Union Fund of Michigan Law Offices of Gregory T. Gibbs ‘717 S. Grand Traverse St Flint, ML48502 (810) 230-9470,_gibbsaleigmail,com Muna Jondy (P7034) Cooperating Attomey, American Civil Liberties Union Fund of Michigan Law Oifice of Muna londy 4400 $ Saginaw St. Ste. 1360, Flint, MI 48507 (810) 820-8691 ‘muna@jondylaw.com SER) E ‘The undersigned certifies that a copy of Defendant City of Flin’s Answer to Plaintif’s ‘Complaint was served upon the atlomeys of record atthe ghove-listed address on July 17, 2020, by first class U.S. mail, proper postage fully prepaid. ‘Attorney for Defendant 1101 S. Saginaw St, Third Floor Flin, Ma 48302 (810) 766-7146EXHIBIT 1OFFICE OF THE CITY CLERK. ne: M. Brown, Cty Clerk PRESS RELEASE FOR IMMEDIATE RELEASE July 16, 2020 CONTACT: Inez M. Brown, Flint City Clerk (810) 766-7414 Friday, July 31, 2020 at 5 p.m. is the deadline for the City Clerk's office to receive absentee ballot requests fiom registered voter iu the City oF Flin for the State Primary Election 0 be held ‘on Aug, 4, 2020, Although City Hall has been closed since March due to the COVID-19 pandemic, and will remain closed for an mndetimite future, the Clerk's office will be open daily from 8 a.m. t Spam. starting July 20. In addition, the office will be open on Saturday, Aug. I, from 9 am. to 5 pam. to receive absentee ballots over the counter, Despite the closure of City Hall, the Clerk’s office has continued to process absentee ballot requests received inthe office. Individuals who enter City Hall ace sequited io west a uuish, pot Gov. Gretchen Whitmer's Executive Order 2020-147. \Vorers requiring additional informa wp about the Aug. 4 election should contact the Flint City (Clerk's Office at (810) 766-7414 30 Muu coven ‘anos saci st, 2016 FUNT MMM 48502 (B50) 76 744 FAR(BS0 75-7404 TOO 00) 77220"Deadline for Absentee Ballot Requests ~ City of Flint Page | of 2 Preis Releases seach Deadline for Absentee Ballot Requests Recant Posts > Dean for Aber 16 rope planes iy > yor Rely ost sparta den ‘Sine Wodannboa al Sones a uy 21, 20203 Spm the ead fore Cy Ces ofcetoreceve SSpocrmacy SE ‘payer aa sere alo request om retreats inthe Cayo Fin fo the Sate Panay remand for a mdf ture he Clk fe willbe open dil fom 8 zm. 0 rept the dre of yal the lee ofc har commu o proce abe bata requ Insatuls who entry Hall are equred o wes amas ge Gov Gratnen ‘ners revive oe 202-47, etree formation abot Aug Alston shoul cota the Fr ey Clerks Oe a 6107667814 |hitps:/www-ctyofflint.com/2020107/16/deadline-for-absentee-ballotrequests! 71162029Deadline for Absentee Ballot Requests ~ City of Flint Page 2 of 2 nl jnnson ean Admit Secreta nthe hy No eles pots od |hps: www cityoflint. com'2020/07/16 deadline-for-absente-ballot-requests! 16/2020EXHIBIT 2s01w130 NaLOA maLNasayEXHIBIT 3STATE OF MICHIGAN INTHE 7TH CIRCUIT COURT FOR THE COUNTY OF GENESEE, BRIAN BARKEY, DORIS BARKEY, Case No QUINCY MURPHY, MARYUM RASSOL, NAYYIRAH SHARIFF, AND AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN, Hon: Plaintiffs, v INEZ BROWN, in her official zapacity as City Clerk forthe City of Flin and CITY OF FLINT, Defendants Shankar Daraiswamy* ANGELA WHEELER (P64079) Sarah Suwanda* ‘Attomey for Defendants Corey Walker* Inez Brown and City of Flint Covington & Burling LLP City of Flint One CityCenter 1101 S. Saginaw St, Third Floor 850 Tenth Street, NW Flint, MI 48502 Washington, DC 20001-4656 awheeler@cityofMint com (202) 662-6000 sduraiswamy@eov.com ssuwanda@cov.com ewalker@eov.com * Pro hac vice motions forthcoming. Daniel 8. Korobkin (P72842) American Civil Liberties Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201, (G13) 578-6824 sdkorwbkingaclumichory Alec 8. Gibbs (P7503) Cooperating Attomey, American Civil Liberties Union Fuad of Michigan Law Offices of Gregory T. Gibbs 77S, Grand Traverse St Flint, M1 48502 (810) 239-9470sibbsale@amaiLown ‘Muna Jondy (P7034) Cooperating Attomey, American Civil Liberties Union Fund of Michigan Law Office of Muna Jondy 4400 S, Saginaw St. Ste, 1360 Flint, ML 48507 (810) 820-8691 muna@jondylaw.com State of Michigan ss. County of Genesee 1 2 AFFIDAVIT OF INEZ M. BROWN Jam Inez M, Brown, Tau the City Clerk for the City of Flint. Thave served as the City Clerk for over 20 years Thave workers for several federal officials onthe federal and executive level to assist in the promotion of voting and human rights forthe last 55 years. Itis my duty and honor to serve the residents of the City of Flint. oversee elections in the City of Flint, handling from 2 to 3 elections per year, some: ‘of which are federal, ‘understand that voting is aright that may be exercised by every citizen, “My staff and I provide training o election workers prior to each election, going above and beyond the State requirements This regular traning is to ensure thatthe election workers are trained to properly to hhandle all aspects of each election. ) Ther is a primary election scheduled for August 4, 2020. To ensure that every voter that has requested an absentee ballot receives it timely as required by the state election law, Thave secured 9 trained and experienced part-time employees, dedicated solely to the processing of absentee applications to send the ballots out tothe votes.12, These 9 part-time employees work directly with 7 full-time City Cleek's Office employees that arealso experienced in election, to process absentee ballot spplications. 13, The above-mentioned full-time and part-time dedicated staff also work extended ‘hours on the weekend to continue to process absentee ballot applications. 14, As of July 17, 2020, £23 absontoo ballots have been sent out to voters. Attached is ‘the Ballots Sent and Returned Summary updated on July 16, 2020 (See Exhibit). 18, Many ofthe ballots that wore received by the voters arc already beginning to be returned to the City Clerk’s Office by the voters. 16, Absentee ballot applications will continue to be processed on a daily basi by the City Clerk's Office, coven days 2 week leading upto the election 17. To ensure that all ballots are received and counted, have communicated with the USS. Post Office staffand confirmed that absentee ballot request received will be expedited and returned tothe City Clerk's Ofc. 18. In an effort to assist the voters with the return of their ballots tothe City Clerk's Office on a 24 hour, 7 days per week basis, the City Clerk’s office purchased an official absentee ball drop box (See Exhibit 2). 10. The absentee ballot drop box is placed in fron of Flint City Hall, properly labeled and identified as the absentee ballot drop box. 20, The absentee ballot drop box is sealed in concrete with a video camera monitoring to censure that no voter is disenfranchised and every vote is counted City Chr, City of Fine Subscribed and swom to before me this [P7 day of Daly, 2000 Genesee County, MI My commision expr: 2-1U-20%(0 ‘SYANOLARive Lip By aly Bown Aol M, Bow dtEXHIBIT 1w-0 sare va-0 wooo soo woot woe aot sem sao %0-0 %0-0 woo 0 sont wo sors wae 00 x00 sore ote woot 0-0 wo 0 sma a0 rem wore wo woo woo 0-0 wooo wos m8 woo v0 sao woo wa woo woe wae s0e0 See 5 oa RTH aT aT Pa ee sso — pay Bison sous Pent wo pum Poumon weeny ome ‘son ava ura uy vensong RUVINTNA LVS ozozHO:RO AUVWNAS GANLEY ONY LNaS SLOT IVE (00962) Au19 ANF NoLLDHaSnINE ozozrsu/t0-0 soo ° woo 0 ‘ ' scot oe oon x00 soo ° wooo 0 ° wo on 80 ae a ae Baa Tae Fea aT — amy we py em rang Soe (0962) Auto ANF NoMLIaSrIA xuvninsa suvas-ozozr080 2364 AWWAS GANWALTH ONY INAS SLOTIVE oz02ssu/esoo we eo rat sae aT pinay Sone (00962) A419 aNrua-NOUDNaSRIAE AUVINRHA Lvs -ozoz00 E9604 ANVIIWAS GNWAETY AN LNAS SLOTIVE zor0062) ALD INIA :NoUTASTAAT UVM LVS ozourOD vateg _AnVIINIS GINWLETY ANY NGS SLOTIVE e200EXHIBIT 2rr yo i i Fa psn goo com ait 7040318eupsnrenldpamietae i AAST2SO2UBA2STEISBRsigmg-MMETISIABD.. 26rn yf i at Fahy orn a pain gpa coma he 7 &ouptsancal pam sbant AAETESERUBEP2SENERsinameHIANET2SOH4BK2.. 6fF Mai od pm goog contmaitu = oT0003Bven=pdsewchalpemt-vasd 3A 157250240472575166(ayo Ft Ma -F np: oh cordmai ike bE sewage AY G7SEDUD4ZESTSIEESsngomep PHIANSISOQBLD.. 5‘rn ‘cy ott a Fo pest gage const T7003 von ptsourvatdpemeidePn MIAITISONUSASTSN6CInp.NAMETISOZUB?... 6B‘rer et Asani tlt malo 22069 ipsa goog coniatutraoamdogumreaxpajecr=t “EXHIBIT 4STATE OF MICHIGAN IN THE 7TH CIRCUIT COURT FOR THE COUNTY OF GENESEE BRIAN BARKEY, DORIS BARKEY, Case No QUINCY MURPHY, MARYUM RASSOL, NAYYIRAH SHARIFF, AND AMERICAN CIVIL LIBERTIES UNION OF MICHIGAN, Hon: Plaintiffs, INEZ BROWN, in her official capacity as City Clerk for the City of Flint, and CITY OF FLINT, Defendants ‘Shankar Duraiswamy™ ANGELA WHEELER (P4079) Sarah Suwanda* ‘Attomey for Defendants Corey Walker* Inez Brown and City of Flint Covington & Burling LLP City of Flint (One CityCenter 1101 S. Saginaw St, Tid Floor 850 Tenth Street, NW Fit, MI 48502 ‘Washington, DC 20001-4656 awheeler@eityofMint.com (202) 662-6000 sdursiswamy@eov.com ssewanda@cov.com ‘ewalker@eov.com * Fro hac vice motions forthe Daniel S. Korobkin (P72842) ‘American Civil Liberties Union Fund of Michigan 2966 Woodward Ave. Detroit, MI 48201, (13) 578.6824 dkorubkingaclumichary Alec 8. Gibbs (P73593) ‘Cooperating Attomey, American Civil Liberties ‘Union Fund of Michigan Law Offices of Gregory T. Gibbs ‘T17S, Grand Traverse St Flint, MI 48502 1810) 239.9470sibhale@iamaileom “Muna Jondy (P70334) ‘Cooperating Attorney, American Civil Liberties Union Fund of Michigan Law Office of Muna Jondy 4400 8. Saginaw St Ste. 1360, Flint, MI 48507 (810) 820-8691 ‘muna@jondyla.com State of Michigan, 5s, County of Genesee AFFIDAVIT OF BARB HARRINGTON 1, Tam Barb Harrington, 2. Tam the License Investigator forthe City of Flint Clerk's Office. 3. have worked for the Cty of Flint for 24 % years. 4, Lect the ballots prior to each election and prior tothe ballots being sent out to the absentee voter applicants, 5. ‘The testing ballot testing process is based on the State Flections Bureau's Promulgated Rules. The rules vary for each election eycle 6. On June 25, 2020 at around 1:30 p.m, the City Clerk's Office receive 122 boxes of absentee ballots (See Exhibit 1) 7. Seven ofthe boxes contain tet hallas fir each ofthe 61 precincts located the City of Flin 8, The ballots are required be tested to confirm whether or not the ballots are able to be read, 9. ‘This verification process ensures that every vote is counted when iti scanned into the Qualified Voter File. 10. In the August 4* Primary Election, there ae 36 ballots per test deck with the ‘exception of 12 precinets having 26 ballots inthe test desk forthe 49” State Distt, led out w the vies. After the ballots are vetified, they aveBarb Harsington License Investigator, City of Flint s and eworn to before me this [” [day of ily. 2070, Genesee County, MI My munission expires: 2e(f 200 SAWO‘Ate Ligon Busey eal. 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AUVINTLA LVS ozozHO:RO z9beq AMWVININNS GaN ONY ANAS SLOTIVE i eeeee see eeeeesgges ges 2 Sa St — (00962) ALO ANF NoLDasnIae or0zs9u/eesa ava 0beg ‘sone ene Pbceee tft cll 0 A2uviNnta SAVES ozoz00 AUVIMS GANA aN INAS SLOTIVE Sone (oooe2) Auto aN NoLL>Hasrun ozozr9u/e(00962) AL ANI NoULDIasrAnE AUVITIA ALVIS O20zn0180 vote XUVWNS GANWNLLY ONY LNGS SLOTIVE zou 9u/t