Attachment 1 to depo designations LWVNC v Rucho ASE editsredistricting.lls.edu/files/NC lwv 20170530 dep designations att1.pdf · Gunther Peck 3/22/2017 6 17 42 22 Harm explained

League of Women Voters of North Carolina et al.v. Rucho No. 1:16-cv-1164-WO-JEP

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Attachment 1

Name of Deponent Date of Deposition

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William Collins 3/30/2017 14 22 15 10 Lives and votes in CD 1

William Collins 3/30/2017 29 5 29 14 Is a Democrat

Elizabeth Evans 4/7/2017 8 19 9 1 Lives in NC

Elizabeth Evans 4/7/2017 12 24 13 11 Is a Democrat

Elizabeth Evans 4/7/2017 14 7 16 12 GOTV work; Dems didn’t vote because they thought their vote didn’t count.

Elizabeth Evans 4/7/2017 16 20 17 20 Member of the League of Women Voters of Granville County

Elizabeth Evans 4/7/2017 21 5 23 3 Harmed on a statewide basis because she is a Democrat

Elizabeth Evans 4/7/2017 25 21 25 22 Votes a straight Democratic ticket

Elizabeth Evans 4/7/2017 32 19 32 33 Lived in CD 13 until 2005

Elizabeth Evans 4/7/2017 33 6 33 10 Now in CD 1, voted for Rep. Butterfield

Elliot Feldman 3/24/2017 7 18 7 21 Lives in NC

Elliot Feldman 3/24/2017 11 14 11 24 Is a Democrat

Elliot Feldman 3/24/2017 13 1 13 4 Is a Democrat

Elliot Feldman 3/24/2017 16 1 16 23 Lives in CD 9

Case 1:16-cv-01164-WO-JEP Document 54-1 Filed 05/30/17 Page 1 of 35


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Elliot Feldman 3/24/2017 27 8 27 22 Statewide harm

Carol Faulkner Fox 3/22/2017 8 17 8 25 Lives in NC

Carol Faulkner Fox 3/22/2017 9 24 10 2 Lives in CD 1

Carol Faulkner Fox 3/22/2017 19 19 20 17 Explains packing

Carol Faulkner Fox 3/22/2017 22 3 26 7 Harmed as an NC resident

Carol Faulkner Fox 3/22/2017 29 21 30 7 Congressman not responsive because in a safe seat

Carol Faulkner Fox 3/22/2017 30 22 31 23 Statewide harm

Carol Faulkner Fox 3/22/2017 34 12 35 20 Votes are mostly along party lines

Carol Faulkner Fox 3/22/2017 36 5 36 8 Voice diluted

Carol Faulkner Fox 3/22/2017 48 1 51 9 6-7 districts would be more fair

Carol Faulkner Fox 3/22/2017 51 18 52 9 There is no district where an activist can make a difference

Carol Faulkner Fox 3/22/2017 54 4 54 24 There are only three congresspeople that represent Democratic interests in NC

Annette Love 4/7/2017 7 8 7 16 Lives in NC

Annette Love 4/7/2017 12 10 12 18 Plan wide harm

Annette Love 4/7/2017 18 19 18 21 Is a Democrat



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Annette Love 4/7/2017 25 23 26 17 Handed out fliers for the Democratic ticket

Maria Palmer 3/22/2017 10 5 10 13 Lives in NC, is a Democrat

Maria Palmer 3/22/2017 11 15 11 17 Lives in CD4

Maria Palmer 3/22/2017 18 17 19 8 Has voted in every congressional election since 2002

Maria Palmer 3/22/2017 22 19 23 25 What should be considered when redistricting – representation reflecting

voting patterns of the state

Maria Palmer 3/22/2017 27 4 29 21 Describing the harm

Maria Palmer 3/22/2017 31 6 34 17 Harm, tried to have voice heard

Maria Palmer 3/22/2017 44 25 46 11 6-7 or 5-8 would be more fair

Maria Palmer 3/22/2017 47 14 48 8 Can’t vote for a Republican because leadership position dictates their votes

Maria Palmer 3/22/2017 50 2 50 23 Thought about moving to make more of an impact, but it wouldn’t matter where she

moves

Maria Palmer 3/22/2017 51 23 53 22 Map is 10-3 and will stay that way, defines gerrymandering

Maria Palmer 3/22/2017 59 12 61 1 Involved with NAACP, LWVNC and Democratic party



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Gunther Peck 3/22/2017 6 17 42 22 Harm explained

Gunther Peck 3/22/2017 44 2 45 9 His knowledge comes from being an activist

Gunther Peck 3/22/2017 46 16 47 14 His knowledge comes from being an activist

Gunther Peck 3/22/2017 48 10 50 25 Defines gerrymandering

Gunther Peck 3/22/2017 51 8 54 11 Statewide harm

Gunther Peck 3/22/2017 61 12 61 13 Is a Democrat

Gunther Peck 3/22/2017 78 8 78 14 Involved with Democratic party

Gunther Peck 3/22/2017 84 5 84 16 6-7 would be fairer

Gunther Peck 3/22/2017 87 23 89 22 Spoke with over 1,000 voters as part of activism

Ersla Phelps 4/7/2017 7 11 7 15 Lives in NC

Ersla Phelps 4/7/2017 12 15 13 24 Is a Democrat

Ersla Phelps 4/7/2017 19 9 18 13 Lives in CD2

Ersla Phelps 4/7/2017 23 17 23 24 Democrats did not have a fair chance

Ersla Phelps 4/7/2017 34 19 35 9 Rep. Holding not responsive

John Quinn III 4/10/2017 16 12 19 10 Lives in NC, has been in CD 10 and 11



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John Quinn III 4/10/2017 24 13 25 12 Is a Democrat

John Quinn III 4/10/2017 29 19 32 10 Active with local board of elections, describes harm

John Quinn III 4/10/2017 34 17 37 4 Active with Buncombe County Democratic Party and local election board

John Quinn III 4/10/2017 37 16 48 5 Describes the harm

John Quinn III 4/10/2017 52 1 58 2 Involvement with Buncombe Democratic Party, testified at redistricting hearing

John Quinn III 4/10/2017 62 8 63 8 Describes harm through ACA and town hall meeting

Aaron Sarver 4/10/2017 7 15 8 6 Lives in NC

Aaron Sarver 4/10/2017 16 15 16 24 Votes in congressional elections in Buncombe since 2009

Aaron Sarver 4/10/2017 21 4 21 15 Defines gerrymandering

Aaron Sarver 4/10/2017 24 6 27 23 Describes harm

Aaron Sarver 4/10/2017 29 12 31 3 Describes harm with example of the ACA

Aaron Sarver 4/10/2017 32 9 34 15 Harm of splitting Asheville

Aaron Sarver 4/10/2017 37 1 39 4 Asheville congressional seat used to be competitive, now not.



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Aaron Sarver 4/10/2017 41 16 42 20 Voters rely on party identification, knows from handing out information at polling

places for the Democratic party

Aaron Sarver 4/10/2017 43 2 44 10 Involved in Democratic Party and League of Women Voters of Asheville-Buncombe

Aaron Sarver 4/10/2017 48 25 53 12 Is a Democrat

Janie S. Sumpter 3/24/2017 11 1 11 11 Lives in NC

Janie S. Sumpter 3/24/2017 12 6 12 8 Lives in CD12

Janie S. Sumpter 3/24/2017 14 12 15 13 Volunteers with Democracy North Carolina doing redistricting advocacy

Janie S. Sumpter 3/24/2017 16 21 17 4 Is a Democrat

Janie S. Sumpter 3/24/2017 25 11 25 15 Has always been a Democrat

Janie S. Sumpter 3/24/2017 39 17 40 2 Describes harm

Mary Trotter Klenz 4/4/2017 13 3 13 11 Member of LWVNC and Democratic Women of Mecklenburg County

Mary Trotter Klenz 4/4/2017 14 18 14 23 Representing LWVNC in the 30(b)(6) deposition, is co-President

Mary Trotter Klenz 4/4/2017 21 1 21 17 Describes how LWVNC adopts policy positions



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Mary Trotter Klenz 4/4/2017 30 22 32 9 LWVNC does work around voting rights and redistricting

Mary Trotter Klenz 4/4/2017 33 7 33 20 Members took part in public discussions about 2016 redistricting plan

Mary Trotter Klenz 4/4/2017 35 25 37 25 LWVNC seeks to educate people on the redistricting process, member interest rives

that

Mary Trotter Klenz 4/4/2017 43 8 43 16 LWVNC now has 17 local leagues

Mary Trotter Klenz 4/4/2017 44 15 45 18 LWVNC engages in voter registration and GOTV at local level, cost is human hours

Mary Trotter Klenz 4/4/2017 47 2 47 23 LWV motto is “representative, responsive, accountable”

Mary Trotter Klenz 4/4/2017 48 21 49 7 LWVNC wants districts that are reflective of the voting population in the state

Mary Trotter Klenz 4/4/2017 52 8 53 18 Describes harm

Mary Trotter Klenz 4/4/2017 54 2 54 17 NC is a purple state

Mary Trotter Klenz 4/4/2017 55 12 55 17 Statewide harm


Mary Trotter Klenz 4/4/2017 62 21 63 13 Democratic members of LWVNC are harmed



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Mary Trotter Klenz 4/4/2017 93 14 95 5 Describes LWVNC motto and harm

Willis Williams 3/30/2017 6 18 6 21 Lives in NC

Willis Williams 3/30/2017 8 25 10 16 Is a Democrat

Willis Williams 3/30/2017 26 13 26 16 Statewide harm

Willis Williams 3/30/2017 34 23 34 25 Lives in CD1



Rep. David Lewis 1/26/2017 12 22 13 3 Appointed as Chair of House Committee to respond to Harris in 2016

Rep. David Lewis 1/26/2017 14 15 14 21 Role on Committee in 2011

Rep. David Lewis 1/26/2017 15 25 16 6 Hofeller moved the mouse to draw the lines for the districts

Rep. David Lewis 1/26/2017 16 21 17 23 Lewis knew Hofeller since 2009

Rep. David Lewis 1/26/2017 21 19 22 7 State hired Ogletree, Ogletree hired Hofeller, Lewis gave direct instructions to

Hofeller

Rep. David Lewis 1/26/2017 25 1 25 17 Considered partisan data as a predictor of future elections



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Rep. David Lewis 1/26/2017 26 8 26 11 Viewed decisions for 2011 map drawing through a partisan lens

Rep. David Lewis 1/26/2017 26 23 27 5 In 2011 looked at historic election results to give Republicans opportunity

Rep. David Lewis 1/26/2017 29 17 29 20 Applied past results to newly drawn districts

Rep. David Lewis 1/26/2017 36 16 36 25 Had full authority from Speaker Tillis to act on behalf of the House

Rep. David Lewis 1/26/2017 38 2 38 5 Court said we should not consider race in drawing districts

Rep. David Lewis 1/26/2017 38 15 38 19 Told map maker that race should not be considered in drawing the map

Rep. David Lewis 1/26/2017 39 5 39 18 Considered incumbency, including the partisanship of the incumbents

Rep. David Lewis 1/26/2017 42 24 44 4 2/6/2016 meeting with counsel, decided to hire Hofeller

Rep. David Lewis 1/26/2017 44 12 45 20 First conversation between Lewis and Hofeller on 2/6/16, no instructions given

Rep. David Lewis 1/26/2017 48 19 49 7 First meeting with Hofeller at home on 2/9/16



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Rep. David Lewis 1/26/2017 50 8 51 1 Made sure new CD12 was Democratic

Rep. David Lewis 1/26/2017 51 15 51 19 Believed they were prohibited from using racial data

Rep. David Lewis 1/26/2017 53 21 53 24 Told Hofeller not to use race in drawing the maps

Rep. David Lewis 1/26/2017 55 7 55 21 Asked Hofeller to protect incumbents

Rep. David Lewis 1/26/2017 56 1 56 12 Lewis was aware partisan affiliation of incumbents was 10R-3D

Rep. David Lewis 1/26/2017 58 8 58 12 Lewis responsible for criteria, Hofeller responsible for implementation of the

criteria.

Rep. David Lewis 1/26/2017 59 19 60 13 2/10/2016 meeting to review oral criteria and look at early draft maps

Rep. David Lewis 1/26/2017 62 20 64 17 When Lewis looked at Hofeller’s screen political data was showing on the draft

district map

Rep. David Lewis 1/26/2017 65 18 65 22 When Lewis looked at Hofeller’s screen he could either zoom out and see 13

districts or zoom in and see a single one

Rep. David Lewis 1/26/2017 66 24 67 13 2/10/2016 meeting was pretty long, 2/9/2016 meeting was about 2 hours.



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Rep. David Lewis 1/26/2017 71 1 71 19 Only conversation with Speaker Moore was about Harris decision, no

conversations with Senator Berger

Rep. David Lewis 1/26/2017 73 7 74 24 Talked with Hofeller on the 12th or 13th of February, looked at draft maps

Rep. David Lewis 1/26/2017 76 6 76 16 2016 map was based on the 2011 map

Rep. David Lewis 1/26/2017 76 20 76 25 2011 map on Hofeller’s screen when reviewing draft maps

Rep. David Lewis 1/26/2017 77 7 77 24 Maps viewed at meeting 12th or 13th were near-final versions of the 2016 map

Rep. David Lewis 1/26/2017 78 6 78 12 Lewis did not tell Hofeller how to balance criteria and Hofeller did not tell Lewis

how he balanced criteria

Rep. David Lewis 1/26/2017 81 11 83 6 Hofeller did not go to 2/15/2016 public hearing and no one knew Hofeller was

working on a map

Rep. David Lewis 1/26/2017 84 17 84 21 Brent Woodcox drafted Lewis’ intended criteria

Rep. David Lewis 1/26/2017 86 2 86 4 Lewis instructed Woodcox that the court had said they could not use race

Rep. David Lewis 1/26/2017 88 13 89 22 Told Woodcox that criteria could not use



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race data but could use political data, specifically election returns

Rep. David Lewis 1/26/2017 90 19 90 25 When telling Woodcox to use partisan data in the critera, Lewis had already viewed a

map with Hofeller that evaluated the performance of a district using that data

Rep. David Lewis 1/26/2017 91 11 92 2 Lewis told Woodcox to include political data in the criteria, specifically that the new map should include 10R and 3 D

Rep. David Lewis 1/26/2017 95 7 96 6 It came down to two map drafts, they chose the one that split fewer counties and

VTDs.

Rep. David Lewis 1/26/2017 96 19 97 15 Only the 20 statewide races were made available to Hofeller

Rep. David Lewis 1/26/2017 97 19 97 22 Lewis thought the Tillis-Hagan race was the most relevant and he told that to

Hofeller

Rep. David Lewis 1/26/2017 98 13 98 16 Lewis defined incumbency to Woodcox as the current members of Congress under the

2011 map

Rep. David Lewis 1/26/2017 99 7 99 15 Lewis instructed Hofeller to avoid double bunkings of incumbents but there was one,



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Rep. David Lewis 1/26/2017 101 9 101 15 No memory of reviewing drafts of the criteria

Rep. David Lewis 1/26/2017 103 3 103 16 Only Rucho and Lewis had access to the map before they presented it to the

Committee

Rep. David Lewis 1/26/2017 105 4 105 19 Lewis presented criteria at Committee meeting, Rucho presided

Rep. David Lewis 1/26/2017 109 12 109 22 Lewis would have opposed any map that violated the adopted criteria

Rep. David Lewis 1/26/2017 110 16 110 21 Formal adoption of criteria meant to reflect the Committee’s view on the

constraints under which maps would be built

Rep. David Lewis 1/26/2017 116 12 117 3 Election results are a better predictor of voting behavior than voter registration

data

Rep. David Lewis 1/26/2017 118 3 118 16 Lewis told Hofeller not to use race data

Rep. David Lewis 1/26/2017 118 23 119 4 Lewis did not discuss VRA compliance with Hofeller

Rep. David Lewis 1/26/2017 119 19 119 23 Hofeller instructed not to consider race data in drawing the maps



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Rep. David Lewis 1/26/2017 120 17 121 12 Knew partisan criteria would be controversial but thought it was honest to

say what would be considered

Rep. David Lewis 1/26/2017 121 25 122 3 Expected partisan performance of the maps was one of the factors considered in

passing the 2011 maps

Rep. David Lewis 1/26/2017 124 14 125 5 No reason not to make getting a 10R-3D map a goal

Rep. David Lewis 1/26/2017 126 15 126 17 The only way you can attack the plan is as a political gerrymander

Rep. David Lewis 1/26/2017 127 12 128 15 Plan gave Republicans an opportunity to elect 10 members to Congress

Rep. David Lewis 1/26/2017 129 19 131 9 Use of political data was to comply with the criteria of partisan advantage

Rep. David Lewis 1/26/2017 132 16 132 23 Partisan data was a criteria used to change lines on the map

Rep. David Lewis 1/26/2017 133 22 134 17 Wanted to reaffirm that the districts he would produce would provide an

opportunity for 10 Republicans to win reelection.

Rep. David Lewis 1/26/2017 142 4 142 15 Every choice we make is political, Hofeller may have chosen to divide



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counties because of the political impact of the districts

Rep. David Lewis 1/26/2017 143 13 143 24 Lewis told Hofeller that all criteria should be weighed equally

Rep. David Lewis 1/26/2017 150 6 150 17 Looked at past election results to determine future opportunity to elect

members of one party or another

Rep. David Lewis 1/26/2017 156 19 157 1 Hofeller was allowed to move VTDs between district 6 and 13 for political

impact

Rep. David Lewis 1/26/2017 158 13 159 2 Every district except 12 has a county split, and Hofeller was allowed to make county

splits on the basis of political impact

Rep. David Lewis 1/26/2017 162 24 163 7 Enacted map was drawn prior to the Joint Redistricting Committee meeting

Rep. David Lewis 1/26/2017 164 24 165 4 Historic election results, not registration data made a different to the line drawing

Rep. David Lewis 1/26/2017 166 13 167 18 Would have to violate adopted criteria to get a plan with 11R-2D

Rep. David Lewis 1/26/2017 171 3 172 12 Lewis believes that electing Republicans is better for the country than electing

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the partisan advantage as part of the adopted criteria

Rep. David Lewis 1/26/2017 176 23 177 9 If there is discretion, will make that decision through the lens of being a

Republican

Rep. David Lewis 4/28/2017 240 8 240 18 Maptitude was loaded only with the data relevant to the adopted criteria

Rep. David Lewis 4/28/2017 242 14 243 7 Hofeller used a locked workspace when drawing the maps, only accessible by Rucho, Lewis, Woodcox and whoever

they allowed

Rep. David Lewis 4/28/2017 249 10 249 19 Did no RPV analysis

Dr. Thomas Hofeller 1/24/2017 14 18 15 4 Past election results are the best predictor of future electoral success

Dr. Thomas Hofeller 1/24/2017 15 15 15 19 There is no more reliable indicator of future election results than past elections

Dr. Thomas Hofeller 1/24/2017 16 8 16 12 Past election results are the most important information in trying to give advantage in

redistricting to one party

Dr. Thomas Hofeller 1/24/2017 18 1 18 20 Hofeller was principal architect of 2011 plan



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Dr. Thomas Hofeller 1/24/2017 20 7 20 23 Received instructions orally only for 2011 plan (from Rucho and Lewis)

Dr. Thomas Hofeller 1/24/2017 52 25 53 3 More control of legislative chambers leads to more redistricting success

Dr. Thomas Hofeller 1/24/2017 72 13 73 8 The only data Hofeller had was TIGER census data from Caliper and the NC stat

pack

Dr. Thomas Hofeller 1/24/2017 80 2 80 10 No paper trail of communication between Lewis, Rucho and Hofeller in 2016

Dr. Thomas Hofeller 1/24/2017 100 20 101 6 Used political data from the block level and up

Dr. Thomas Hofeller 1/24/2017 104 1 104 25 Used rainbow or chromatic coloring schemes to view the political data in

Maptitude

Dr. Thomas Hofeller 1/24/2017 116 5 116 10 Politics was primary determinant in 2011 map drawing

Dr. Thomas Hofeller 1/24/2017 125 7 125 9 Primary partisan goal was to achieve a 10R-3D advantage in 2016

Dr. Thomas Hofeller 1/24/2017 127 6 129 7 2011 and 2016 partisan strategy

Dr. Thomas Hofeller 1/24/2017 130 2 130 9 Did not work on new map until Harris was released



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Dr. Thomas Hofeller 1/24/2017 130 15 130 18 Did not work on new map until Harris was released

Dr. Thomas Hofeller 1/24/2017 145 9 145 12 No racial data considered in 2016

Dr. Thomas Hofeller 1/24/2017 146 4 146 13 No racial data, but did use partisan data in 2016

Dr. Thomas Hofeller 1/24/2017 149 5 150 2 Underlying political nature of precincts does not change no matter which elections

you use

Dr. Thomas Hofeller 1/24/2017 172 19 173 5 Started making maps over weekend of 5 and 6 February, after Harris decision

Dr. Thomas Hofeller 1/24/2017 175 19 175 24 Instructed to draw a map that was likely to elect 10 R and 3 D

Dr. Thomas Hofeller 1/24/2017 176 18 176 21 Didn’t see written criteria until after adopted

Dr. Thomas Hofeller 1/24/2017 177 9 177 14 Map finished by the time criteria adopted by the committee

Dr. Thomas Hofeller 1/24/2017 178 14 178 20 Plan conformed to criteria that were adopted1

Dr. Thomas Hofeller 1/24/2017 183 22 184 8 Did not consider race

Dr. Thomas Hofeller 1/24/2017 185 7 185 9 Thought district 1 was compliant with VRA because in same area, did not assess



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whether any other districts complied with the VRA

Dr. Thomas Hofeller 1/24/2017 188 19 189 2 Instructed to preserve 2011 partisan advantage

Dr. Thomas Hofeller 1/24/2017 189 20 189 22 Instructed to preserve 2011 partisan advantage

Dr. Thomas Hofeller 1/24/2017 190 3 190 23 10-3 achievable using election results by precinct

Dr. Thomas Hofeller 1/24/2017 198 14 199 5 Modified after committee meeting to respond to partisan concern re double

bunking

Dr. Thomas Hofeller 1/24/2017 200 19 200 23 Did not draw a plan that divided fewer counties but still was 10R-3D

Dr. Thomas Hofeller 1/24/2017 203 1 203 5 Divided counties for political reasons

Dr. Thomas Hofeller 1/24/2017 212 16 213 25 How political data used

Dr. Thomas Hofeller 1/24/2017 214 13 216 7 Used shading based on political data when dividing counties

Dr. Thomas Hofeller 1/24/2017 224 20 225 10 How Maptitude displays a formula

Dr. Thomas Hofeller 1/24/2017 235 1 235 11 Thought “Congress 17A” wasn’t going to work



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Dr. Thomas Hofeller 1/24/2017 246 9 247 3 VRA compliance considered for district 1

Dr. Thomas Hofeller 2/10/2017 262 21 262 24 Hofeller formula

Dr. Thomas Hofeller 2/10/2017 267 3 268 10 Purpose of Hofeller formula and how applied

Dr. Thomas Hofeller 2/10/2017 269 25 270 6 What breaks used for Hofeller formula schematic

Dr. Thomas Hofeller 2/10/2017 271 11 272 4 Only used schematic at VTD level

Dr. Thomas Hofeller 2/10/2017 274 9 274 16 VTDs keep same characteristics through multiple elections

Dr. Thomas Hofeller 2/10/2017 299 3 300 7 Use an average of elections to smooth out for local factors like spending etc

Sen. Robert Rucho 1/25/2017 26 3 28 18 Chronology after Harris decision released

Sen. Robert Rucho 1/25/2017 31 3 31 8 Rucho believed there was no RPV in NC

Sen. Robert Rucho 1/25/2017 31 16 38 11 Chronology of meetings with Hofeller

Sen. Robert Rucho 1/25/2017 38 16 38 19 Race data not to be included

Sen. Robert Rucho 1/25/2017 43 3 43 8 Used political data

Sen. Robert Rucho 1/25/2017 43 19 44 21 Used political data, not race data, what partisan advantage means

Sen. Robert Rucho 1/25/2017 45 11 45 16 Used election results not registration data



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Sen. Robert Rucho 1/25/2017 55 3 56 13 Hofeller did not attend public hearings, did not receive transcripts

Sen. Robert Rucho 1/25/2017 58 14 60 5 Public hearing concerns not shared with Hofeller


Sen. Robert Rucho 1/25/2017 63 19 63 25 10R-3D was one of the criteria

Sen. Robert Rucho 1/25/2017 64 22 65 1 Beginning maps already drawn by Monday Feb 8



Sen. Robert Rucho 1/25/2017 72 23 73 1 Hofeller did not attend public hearings, transcript not sent to Hofeller

Sen. Robert Rucho 1/25/2017 84 2 84 9 Hofeller did not review written criteria

Sen. Robert Rucho 1/25/2017 84 15 84 18 Identifies political data

Sen. Robert Rucho 1/25/2017 90 4 90 11 Rucho’s understanding of 10R-3D

Sen. Robert Rucho 1/25/2017 92 3 92 15 Could deliver a 10-3 map



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Sen. Robert Rucho 1/25/2017 94 13 94 17 Did not consider race

Sen. Robert Rucho 1/25/2017 97 3 97 6 Election results allow you to better predict that Republicans would win 10 districts

Sen. Robert Rucho 1/25/2017 97 11 97 16 Partisan advantage vote was along party lines

Sen. Robert Rucho 1/25/2017 100 19 101 3 Consolidating the 12th opened up a number of opportunities to keep counties

whole

Sen. Robert Rucho 1/25/2017 101 7 101 13 No compactness measures, just looked at the districts

Sen. Robert Rucho 1/25/2017 105 16 106 4 Hofeller used election data to determine where lines should be.

Sen. Robert Rucho 1/25/2017 107 20 108 4 Hofeller had authority to use election results to determine where lines go

Sen. Robert Rucho 1/25/2017 109 3 109 5 Counties could be split for reasons of political impact

Sen. Robert Rucho 1/25/2017 114 5 114 9 Hofeller could divide counties for political impact

Sen. Robert Rucho 1/25/2017 115 10 115 16 Did not consider communities of interest

Sen. Robert Rucho 1/25/2017 118 20 119 10 Stands by comment that the 2016 plan is a



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political gerrymander

Sen. Robert Rucho 1/25/2017 121 1 121 4 Rucho thinks that partisan gerrymandering is not unconstitutional

Sen. Robert Rucho 1/25/2017 122 3 122 9 Republicans could win 10 districts for the 2016

Sen. Robert Rucho 1/25/2017 139 25 141 2 Senators did not need to know who drew the map

Sen. Robert Rucho 1/25/2017 163 17 163 24 Rucho’s definition of a partisan gerrymander

Sen. Robert Rucho 1/25/2017 165 12 165 16 Democrats tried to gain advantage with 2001 and 2003 plans

Sen. Robert Rucho 1/25/2017 170 13 170 17 First time Rucho met Hofeller was Feb 8th or 9th.

Sen. Robert Rucho 1/25/2017 173 7 173 10 There was a second meeting at Hofeller’s house

Sen. Robert Rucho 1/25/2017 176 10 176 17 Staff were not authorized to speak with Hofeller

Sen. Robert Rucho 1/25/2017 180 7 180 13 Rucho and Lewis saw Hofeller twice in one day on 8th or 9th.

Sen. Robert Rucho 1/25/2017 186 13 187 9 Only saw 2-3 maps from Hofeller



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Sen. Robert Rucho 1/25/2017 194 12 194 4 Partisan advantage was as important as other criteria

Sen. Robert Rucho 1/25/2017 196 24 197 10 Decision came down to two plans

Sen. Robert Rucho 1/25/2017 200 10 200 24 Final map chosen at second meeting with Hofeller

Sen. Robert Rucho 1/25/2017 205 4 205 9 Registration data not as reliable as election results

Sen. Robert Rucho 1/25/2017 210 19 210 9 Was not possible to draw an 11-2 map

Sen. Robert Rucho 1/25/2017 211 13 211 15 Hofeller did not offer an 11-2 map

Sen. Robert Rucho 1/25/2017 214 25 215 25 Democrats were not told they could use legislative computers to draw a plan until

February 2016

Sen. Robert Rucho 1/25/2017 226 24 227 11 2016 was an unusual election, does not know if 2012 was an unusual election.

Sen. Robert Rucho 1/25/2017 232 19 233 2 State voter registration data not helpful

Dr. James Gimpel 4/ 27/2017 14 10 14 23 Never taught a course on redistricting

Dr. James Gimpel 4/ 27/2017 15 3 15 20 Never published on redistricting or NC

Dr. James Gimpel 4/ 27/2017 38 15 39 3 Gimpel thinks the plaintiffs did a good job of reviewing data from other states



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Dr. James Gimpel 4/ 27/2017 60 11 61 8 It would be crazy to say that the plan didn’t have some partisanship

Dr. James Gimpel 4/ 27/2017 61 13 61 15 Question about what facts or data Gimpel used to say it was possible to draw a more

aggressive Republican map

Dr. James Gimpel 4/ 27/2017 62 4 62 7 Answer: no facts or data to support conclusion

Dr. James Gimpel 4/ 27/2017 64 14 64 25 It’s probably not possible to draw a more Republican map if you have to obey the

other criteria

Dr. James Gimpel 4/ 27/2017 67 19 68 8 It’s hard to draw a more Republican map and keep the criteria

Dr. James Gimpel 4/ 27/2017 85 23 86 5 Defining competitiveness

Dr. James Gimpel 4/ 27/2017 88 1 88 6 Protections of incumbents was really just making safe R and D districts

Dr. James Gimpel 4/ 27/2017 88 25 89 7 Democratic districts were made more Democratic

Dr. James Gimpel 4/ 27/2017 110 2 110 8 If Chen obeyed the criteria that would make his simulations reasonable

Dr. James Gimpel 4/ 27/2017 111 4 111 9 If Chen obeyed the criteria that would make his simulations reasonable



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Dr. James Gimpel 4/ 27/2017 111 15 111 21 Simulations would be more reasonable if Chen included incumbency

Dr. James Gimpel 4/ 27/2017 118 11 118 20 Gimpel was not instructed on VRA

Dr. James Gimpel 4/ 27/2017 120 17 120 20 Gimpel is just guessing that the legislature would have had to consider the VRA

Dr. James Gimpel 4/ 27/2017 123 23 125 11 Averaging election results removes idiosyncrasies of any particular election

Dr. James Gimpel 4/ 27/2017 126 18 128 4 Which elections make sense to include or exclude in making an index

Dr. James Gimpel 4/ 27/2017 130 18 131 3 Shoring up district 4 as more Democratic made the surrounding districts more

Republican

Dr. James Gimpel 4/ 27/2017 131 11 131 22 10-3 map arose because they tried to protect incumbents and ensure African

American representation

Dr. James Gimpel 4/ 27/2017 132 10 132 15 Pairing incumbents is inconsistent with prioritizing incumbency protection

Dr. James Gimpel 4/ 27/2017 133 7 134 1 2002 map is an example of 2 large African American districts with 7 Democrats and 6

Republicans

Dr. James Gimpel 4/ 27/2017 139 18 140 4 It is clear that in 2012 and 2016 the map



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drawers were trying to advantage Republicans

Dr. James Gimpel 4/ 27/2017 146 14 146 18 Efficiency is an old concept in political science

Dr. James Gimpel 4/ 27/2017 167 7 167 12 Any statement by Gimpel as to whether the legislature considered race is

speculation

Dr. James Gimpel 4/ 27/2017 201 24 202 1 Gimpel did no racially polarized voting analysis

Dr. James Gimpel 4/ 27/2017 205 5 206 14 You would need to do a racially polarized voting analysis to know if there is a VRA

claim in NC

Dr. James Gimpel 4/ 27/2017 210 6 210 10 Legislature probably followed the criteria they adopted

Dr. James Gimpel 4/ 27/2017 214 11 214 17 None of the congressional elections in 2016 were competitive

Dr. James Gimpel 4/ 27/2017 218 10 220 5 Efficiency concept has been in political science for a while, Gimpel’s metric is

different to the efficiency gap

Dr. James Gimpel 4/ 27/2017 224 3 224 22 Why Gimpel chose 2008 Governor’s race as a baseline in some places



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Dr. James Gimpel 4/ 27/2017 228 16 229 9 Discussion of concept and history of efficiency in political science

Dr. James Gimpel 4/ 27/2017 231 16 231 22 Agrees with Jackman’s calculations of the efficiency gap in his rebuttal report

Dr. James Gimpel 4/ 27/2017 236 11 237 15 Jackman’s calculations correct in rebuttal report and Gimpel used a race that was

more favorable to Democrats

Dr. James Gimpel 4/ 27/2017 244 14 244 17 Putting Asheville in a Buncombe County seat would make it more competitive

Dr. James Gimpel 4/ 27/2017 245 2 245 20 Gimpel is not saying that it is possible to draw an 11-2 plan

Dr. James Gimpel 4/ 27/2017 264 7 264 23 Efficiency is the translation of votes into seats, responsiveness is different

Dr. James Gimpel 4/ 27/2017 265 1 265 7 Would not use composition of the legislature to determine partisan balance

Dr. James Gimpel 4/ 27/2017 265 23 267 17 A regression to determine the effect of party control over redistricting would be

interesting.

Dr. M.V. Hood III 5/3/2017 43 7 43 24 Using Hood’s index you get a statewide score of 50.2% Republican, which he

agrees would be competitive



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Dr. M.V. Hood III 5/3/2017 44 4 44 23 Agrees that the state was fairly competitive in 2016

Dr. M.V. Hood III 5/3/2017 52 8 52 19 Redistricting has some effect on election outcomes

Dr. M.V. Hood III 5/3/2017 53 23 55 6 You would need a statistical regression model to know the amount of effect of redistricting on the large efficiency gap

and he did not do that analysis

Dr. M.V. Hood III 5/3/2017 55 21 56 4 To the extent that incumbency protection accounts for the 10-3 advantage, that was

due to the redistricting process.

Dr. M.V. Hood III 5/3/2017 60 22 61 2 Hood did no analysis of the effect of incumbency advantage in NC

Dr. M.V. Hood III 5/3/2017 64 16 64 19 Hood has previously done work on how redistricting affects the incumbency

advantage

Dr. M.V. Hood III 5/3/2017 65 4 65 17 Hood did not do an analysis here of how the redistricting affected the incumbency

advantage

Dr. M.V. Hood III 5/3/2017 68 5 69 10 It is possible to test for the effect of core retention on Democratic and Republican incumbents, but he did not do that here.



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Dr. M.V. Hood III 5/3/2017 76 19 78 2 A reason to use an index is because any single election could be influenced by

certain factors that make it unrepresentative.

Dr. M.V. Hood III 5/3/2017 78 22 79 10 The statewide average is 50.2% Republican using Hood’s index

Dr. M.V. Hood III 5/3/2017 80 20 81 4 Defining competitiveness

Dr. M.V. Hood III 5/3/2017 83 12 85 7 Hood did not draw any redistricting plans for NC, and partisan clustering does not

tell you about the ultimate partisan composition of the districts

Dr. M.V. Hood III 5/3/2017 86 3 86 10 State is 50% Republican according to the aggregation of VTDs using Hood’s

formula

Dr. M.V. Hood III 5/3/2017 91 21 92 14 Not saying Jackman’s rebuttal report calculation of variance is wrong.

Dr. M.V. Hood III 5/3/2017 95 9 95 11 Hood has not done analysis of ticket splitting in NC

Dr. M.V. Hood III 5/3/2017 101 3 101 12 Redistricting can have “substantial effects on voter preferences”

Dr. M.V. Hood III 5/3/2017 105 6 105 17 Does not dispute Jackman’s finding that NC shows an “impressive degree of



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electoral stability”

Dr. M.V. Hood III 5/3/2017 106 7 106 13 Efficiency gap is not an exact measure of proportional representation but is

correlated

Dr. M.V. Hood III 5/3/2017 109 2 109 10 Core retention was not in the adopted criteria but Hood thinks it should be

looked at anyway

Dr. M.V. Hood III 5/3/2017 111 19 111 25 State would have complied better with incumbency protection criteria if they

avoided pairing all 13 incumbents

Dr. M.V. Hood III 5/3/2017 137 23 138 9 Defines competitiveness in Table 12

139 1 139 9 Party registration data will not get you as far as using prior election results

Dr. M.V. Hood III 5/3/2017 143 14 144 2 Hood did not statistical analysis for the reason for the 10-3, but included tabular

data

Dr. M.V. Hood III 5/3/2017 147 5 147 17 To understand significance of core retention, need to compare within a state

Dr. M.V. Hood III 5/3/2017 172 2 172 19 Did not do analysis to see if Chen’s analysis gets at the question in his report

Dr. M.V. Hood III 5/3/2017 182 13 184 7 After Harris, NC not required to draw



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districts within a specific range of Black VAP

Dr. M.V. Hood III 5/3/2017 185 3 185 9 The districts containing 44.5% and 36.2% Black VAP were not a function of the

VRA

Dr. M.V. Hood III 5/3/2017 197 2 197 19 Would be reasonable for Chen to run a simulation pairing only 11 incumbents

Dr. M.V. Hood III 5/3/2017 203 25 204 3 Partisan gerrymandering is drawing districts to gain political advantage

Dr. M.V. Hood III 5/3/2017 206 20 207 6 Counterfactual simulations could give you some hint as to how partisan

considerations affected the outcome of a map

Dr. M.V. Hood III 5/3/2017 212 24 213 2 Incumbents typically outperform the partisan balance of a district.

Sean P. Trende 5/5/2017 26 5 26 8 Defining competitive districts

Sean P. Trende 5/5/2017 26 19 27 6 Defining competitive districts

Sean P. Trende 5/5/2017 34 5 34 8 A partisan index made up of former statewide election results could be used to get an idea of how a district will perform

Sean P. Trende 5/5/2017 47 11 47 13 Did not analysis of how VRA applies to



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NC

Sean P. Trende 5/5/2017 48 13 48 22 No analysis of VRA application to the efficiency gap in NC

Sean P. Trende 5/5/2017 61 2 61 18 Comparing efficiency gap and partisan bias

Sean P. Trende 5/5/2017 64 1 64 9 Simplified and full methods for calculating efficiency gap are not that different

Sean P. Trende 5/5/2017 72 21 72 25 2016 NC plan exceeded both Jackman and Stephanopoulos and McGhee’s thresholds

Sean P. Trende 5/5/2017 75 16 75 22 The 2012 plan exceeded Stephanopoulos and McGhee’s efficiency gap threshold

Sean P. Trende 5/5/2017 76 8 76 13 The 2016 plan exceeded Stephanopoulos and McGhee’s efficiency gap threshold

Sean P. Trende 5/5/2017 78 20 79 6 2016 plan efficiency gap does not hit zero with a 7.5% swing in either direction

Sean P. Trende 5/5/2017 83 15 83 22 Trende has not done a quantitative analysis of clustering in NC

Sean P. Trende 5/5/2017 93 25 94 14 Jackman does not analyze plaintiffs’ first or third prongs (intent or justification)

Sean P. Trende 5/5/2017 115 1 115 9 Cannot identify errors in Jackman’s



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imputation methods

Sean P. Trende 5/5/2017 140 12 141 2 Only 4 plans with 7 to 14 congressional districts are likely to be flagged for further

scrutiny each cycle

Sean P. Trende 5/5/2017 146 23 147 12 Trende identifies no problems with Jackman’s conditional probability analysis

Sean P. Trende 5/5/2017 147 23 148 22 Trende’s examples only look at a subset of Jackman’s database

Sean P. Trende 5/5/2017 165 14 167 22 Trende co-authored Almanac of American Politics 2014, description included for NC

2012 plan

Sean P. Trende 5/5/2017 186 14 184 23 What Trende reviewed in advance of deposition

Sean P. Trende 5/5/2017 205 13 206 8 Trende agrees that 2016 NC efficiency gap is large and is robust to changes in the

2016 outcome

Sean P. Trende 5/5/2017 207 9 208 2 It would take the best election in NC for the Democrats in 25 elections for the

efficiency gap to turn positive

Sean P. Trende 5/5/2017 213 9 213 18 Trende does not identify any errors with Jackman’s analysis of party control and



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the efficiency gap

Sean P. Trende 5/5/2017 231 18 232 1 Trende does not think that any of Jackman’s conclusions about the

relationship between the first and average lifetime efficiency gap are wrong

Sean P. Trende 5/5/2017 237 2 237 7 Trende agrees that Jackman can write R packages better than him and has a greater

expertise in statistics

Sean P. Trende 5/5/2017 238 3 238 12 Trende would be surprised if the NC 2016 plan was drawn without partisan intent


Documents

Attachment 1 to depo designations LWVNC v Rucho ASE editsredistricting.lls.edu/files/NC lwv 20170530 dep designations att1.pdf · Gunther Peck 3/22/2017 6 17 42 22 Harm explained