UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

WILLIAM DESENA and SANDRA W. DUNHAM, Plaintiffs v. PAUL LEPAGE, KEVIN RAYE, ROBERT NUTTING, and CHARLES E. SUMMERS, JR., Defendants.

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Civil No. 1:11-cv-00117GZS-DBH-BMS

PLAINTIFFS PROPOSED ORDER As required by this Courts Oral Order of June 9, 2011, Plaintiffs, William Desena and Sandra Dunham, hereby submit a Proposed Order to implement this Courts finding of June 9, 2011 that Maines congressional districts, as currently delineated, must be realigned in accordance with the data from the 2010 Census and with constitutional requirements for apportionment of representation. I. 1. PREDICATE FINDINGS

This Court issued an oral decision on the Constitutionality of the current alignment of

Maines Congressional Districts on June 9, 2011, which oral decision will be followed by a written decision in the near future. 2. Candidates for Representative to Congress who wish to be nominated by a major party

may begin collecting signatures on primary nominating petitions on January 1st of the year in which the election is to be helde.g., January 1, 2012. 21 M.R.S.A. 335(6). Stipulated Facts, 16. Parties Joint

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3.

If this Court is required to realign Maines Congressional Districts in time for the 2012

election, it must have completed this process by no later than January 1, 2012.

II. 1.

PROPOSED ORDER

On July 15, 2011, this Court will issue a Scheduling Order for the remainder of this case a schedule of discovery, if necessary; the

which Order shall set deadlines for the following:

designation by the parties of any experts in apportionment issues and processes, if necessary; the holding of hearings evidentiary or otherwise, if necessary; and, the issuance by this Court of a plan of reapportionment; and, a time period within which the parties may review, object to or otherwise comment on this Courts plan of reapportionment. 2. No later than July 8, 2011, the Parties shall submit to this Court proposed scheduling

orders on each of the steps listed in Paragraph 1 of this Order and shall propose other such steps as the Parties may consider useful to this Court in realigning Maines Congressional Districts. 3. Any schedule proposed by the Parties must provide this Court with sufficient time to

complete a plan of reapportionment in advance of the January 1, 2012 deadline referenced above in Paragraphs 2 and 3. 4. This Court reserves the right to identify such measures, in addition to those identified

above, that this Court determines may be useful to this Court in realigning Maines Congressional Districts and, as may be necessary, to order to assist this Court in implementing all such measures. 5. All Parties are hereby required to regularly apprise this Court of all steps taken by the

Maine State Legislature to effect the reapportionment of Maines Congressional Districts including but not limited to: the establishment of a commission or other entity charged with realigning Maine Congressional Districts; the convocation of the Maine State Legislature to
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consider the realignment of Maines Congressional Districts; and, any proposal considered or enacted by the Maine State Legislature empowering the Maine Supreme Judicial Court to consider and rule on any proposal to realign Maines Congressional Districts in time for the 2012 elections, developed in accordance with a process properly and lawfully approved by the Maine State Legislature. 6. This Court may supplement this Order as may be necessary to effect its purpose.

DATED: ___________________________________ The Hon. George Z. Singal U.S. District Judge

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE

WILLIAM DESENA and SANDRA W. DUNHAM, Plaintiffs v. PAUL LEPAGE, KEVIN RAYE, ROBERT NUTTING, and CHARLES E. SUMMERS, JR., Defendants.

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Civil No. 1:11-cv-00117GZS-DBH-BMS

CERTIFICATE OF SERVICE I hereby certify that on this, the 17th day of June, 2011, I electronically filed the foregoing Proposed Order by email to newcases.portland@med.uscourts.gov and with the Clerk of Court using the CM/ECF system, which will send a copy of such to the following registered participants: Paul Stern Deputy Attorney General Six State House Station Augusta, Maine 04333-0006 Tel. (207) 626-8568 paul.d.stern@maine.gov Janet T. Mills, Esq. Preti Flaherty Beliveau & Pachios, LLP 45 Memorial Circle P.O. Box 1058 Augusta, ME 04332-1058 Tel. (207) 623-5300 jmills@preti.com /s/ Timothy C. Woodcock Timothy C. Woodcock, Esq. EATON PEABODY 80 Exchange Street P. O. Box 1210 Bangor, Maine 04402-1210 twoodcock@eatonpeabody.com

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