Amicus Curiae Brief — Michael C. Turzai, Speaker of the Pennsylvania House of Representatives, et al., Applicants v. League of Women Voters of Pennsylvania, et al.

No. 17A909

In the

Supreme Court ofthe United States

Michael C. Turzai, in his capacity as Speaker of the Pennsylvania House of

Representatives, and Joseph B. Scarnatti III, in his capacity as Pennsylvania

Senate President Pro Tempore.,

Applicants,

v.

League of Women Voters of Pennsylvania, et al.,

Respondents.

ON EMERGENCY APPLICATION FOR STAY PENDING

RESOLUTION OF APPEAL TO THIS COURT

REPUBLICAN PARTY OF PENNSYLVANIA'S MOTION FOR LEAVE

TO FILE AMICUS BRIEF, MOTION FOR LEAVE TO FILE BRIEF

ON 81/2 BY 11 INCH PAPER, AND AMICUS BRIEF

To the Honorable Samuel A. Alito, Jr.

Associate Justice of the United States and

Circuit Justice for the Third Circuit

Joel L. Frank

Counsel of Record

Scot R. Withers

LAMB McERLANE PC

24 East Market Street

West Chester, PA 19321

Phone: (610) 430-8000

Facsimile: (610) 692-0877

Email: jfrank@lambmcerlane.com

swithers@lambmcerlane.com

Counsel for Amicus Curiae

Republican Party of Pennsylvania

TABLE OF CONTENTS

TABLE OF AUTHORITIES .......................................................................................... ii

MOTION FOR LEAVE TO FILE AMICUS BRIEF ...................................................... 1

MOTION FOR LEAVE TO FILE BRIEF ON 8Y2 X 11 INCH PAPER. ........................ 3

STATEMENT OF INTEREST OF AMICUS CURIAE ................................................. 5

ARGUMENT ................................................................................................................... 6

I.

IF THIS COURT DOES NOT GRANT A STAY, CONGRESSIONAL

CANDIDATES IN PENNSYLVANIA WILL SUFFER IRREPARABLE

HARM BY THEIR PREVIOUS RELIANCE ON THE DISTRICT MAPS .......... 7

II.

WITHOUT A STAY, THE CITIZENS OF PENNSYLVANIA WHO HAVE

ENGAGED IN THE POLITICAL PROCESS WILL SUFFER HARM BY

THE CREATION OF ANY INTERIM CONGRESSIONAL MAP ..................... 10

III. WITHOUT A STAY, THE POSTPONEMENT OF THE STATUTORILY

REQUIRED ELECTION DEADLINES WILL CAUSE SIGNIFICANT

COST AND LOGISTICAL CHALLENGES, RISKING ADDITIONAL

VOTER CONFUSION ......................................................................................... 12

CONCLUSION ............................................................................................................. 16

ATTACHMENTS:

Exhibit A -Federal Register Nol. 82, No. 220 /Thursday, November 16,

2017 /Notices ........................................................................................................ 17

CERTIFICATE OF SERVICE ..................................................................................... 20

TABLE OF AUTHORITIES

CASES

Buchley u. Valeo, 424 U.S. 1 (1976) ............................................................................. 11

Butcher u. Bloom, 203 A.2d 556 (Pa. 1964) ................................................................... 8

In re Street, 451 A.2d 427 (Pa. 1982) ........................................................................... 10

In re Voduarlw, 140 A.3d 639 (Pa. 2016) ..................................................................... 14

Purcell u. Gonzalez, 549 U.S. 1 (2006) ..................................................................... 8, 11

Reynolds u. Sims, 377 U.S. 533 (1964) .......................................................................... 8

Williams u. Rhodes, 393 U.S. 23 (1968) ......................................................................... 8

STATUTES

25 Pa.C.S. § 2753 .......................................................................................................... 13

25 Pa.C.S. § 2868 .................................................................................................... 13, 15

25 Pa.C.S. § 2872.1 ....................................................................................................... 14

25 Pa.C.S. § 2961 .......................................................................................................... 13

25 Pa.C.S. § 2962 .......................................................................................................... 13

25 Pa.C.S. § 2963 .......................................................................................................... 13

25 Pa.C.S. § 2964 .......................................................................................................... 13

25 Pa.C.S. § 2968 .......................................................................................................... 13

25 Pa.C.S. § 3011 .......................................................................................................... 13

25 Pa.C.S. § 3146.2a ..................................................................................................... 13

25 Pa.C.S. § 3146.2b ..................................................................................................... 13

25 Pa.C.S. § 3146.5 ....................................................................................................... 13

25 Pa.C.S. § 3508 .......................................................................................................... 13

ll

25 P.S. § 2831 ............................................................................................................... 5

25 P.S. § 2834 ....................................................................................................... 5

CONSTITUTIONAL PROVISIONS

PA. CONST. art. I,§ 7 ..................................................................................................... 10

PA. CONST. art. I,§ 20 ................................................................................................... 10

U.S. CONST. art. I, § 4 ..................................................................................................... 6

iii

No. 17A909

In the

Supreme Court ofthe United States

Michael C. Turzai, in his capacity as Speaker of the Pennsylvania House of

Representatives, and Joseph B. Scarnatti III, in his capacity as Pennsylvania

Senate President Pro Tempore.,

Applicants,

v.

League of Women Voters of Pennsylvania, et al.,

Respondents.

REPUBLICAN PARTY OF PENNSYLVANIA'S

MOTION FOR LEAVE TO FILE AMICUS BRIEF

IN SUPPORT OF EMERGENCY APPLICATION FOR STAY

The Republican Party of Pennsylvania respectfully moves for leave of Court to file

the accompanying Amicus Brief in support of Applicants' Emergency Application for

Stay.

In support of their motion, Amicus asserts that the Pennsylvania Supreme Court

ruling at issue raises grave concerns about disruption of the 2018 elections. Amicus

asserts the ruling creates exigent circumstances that warrant being permitted to be

heard on the issue of Applicants' Emergency Application for Stay and requests its motion

to file the attached amicus brief be granted.

Respectfully submitted on this 5th day in March, 2018.

Joel L. Frank

Counsel of Record

Scot R. Withers

LAMB McERLANE PC

24 East Market Street

West Chester, PA 19321

Phone: (610) 430-8000

Facsimile: (610) 692-0877

Ema il: jfrank@la mbmcerlane.com

swithers@lambmcerlane.com

Counsel for Amicus Curiae

Republican Party of Pennsylvania

2

No. 17A909

In the

Supreme Court ofthe United States

Michael C. Turzai, in his capacity as Speaker of the Pennsylvania House of

Representatives, and Joseph B. Scarnatti III, in his capacity as Pennsylvania

Senate President Pro Tempore.,

Applicants,

v.

League of Women Voters of Pennsylvania, et al.,

Respondents.

REPUBLICAN PARTY OF PENNSYLVANIA'S MOTION FOR

LEAVE TO FILE BRIEF ON 8112 BY 11 INCH PAPER FOR

The Republican Party of Pennsylvania respectfully moves for leave of Court to file

its amicus brief in support of Applicants' Emergency Application for Stay on 8 Y. by 11inch paper rather than in booklet form.

In support of its motion, Amicus asserts that the Emergency Application for Stay

filed by Applicants in this matter was filed on Wednesday, February 21, 2018. The

expedited filing of the application and the resulting compressed deadline for any

response prevented Amicus from being able to get this brief prepared for printing and

filing in booklet form. Nonetheless, Amicus desires to be heard on the application and

requests the Court grant this motion and accept the paper filing.

3

Respectfully submitted on this 5th day in March, 2018.

Joel L. Frank

Counsel of Record

Scot R. Withers

LAMB McERLANE PC

24 East Market Street

West Chester, PA 19321

Phone: (610) 430-8000

Facsimile: (610) 692-0877

Email: jfrank@lambmcerlane.com

swithers@lambmcerlane.com

Counsel for Amicus Curiae

Republican Party of Pennsylvania

4

No. 17A909

In the

Supreme Court ofthe United States

Michael C. Turzai, in his capacity as Speaker of the Pennsylvania House of

Representatives, and Joseph B. Scarnatti III, in his capacity as Pennsylvania

Senate President Pro Tempore.,

Applicants,

v.

League of Women Voters of Pennsylvania, et al.,

Respondents.

AMICUS BRIEF IN SUPPORT OF EMERGENCY APPLICATION FOR

STAY FOR REPUBLICAN PARTY OF PENNSYLVANIA1

STATEMENT OF INTEREST OF AMICUS CURIAE

Amicus curiae is the Republican Party of Pennsylvania in its own

capacity and, as a major political party, 25 P.S. § 2831(a), and the State

committee for the Republican Party in Pennsylvania, 25 P.S. § 2834, with 350

members and numerous candidates running for the House of Representatives

in this year's primary election, 2 on behalf of all of its members and

1 No counsel for a party authored this brief in whole or in part, and no counsel or

party made a monetary contribution intended to fund the preparation or submission of

this brief. No person other than amicus curiae, made a monetary contribution to its

preparation or submission.

Dozens of congressional candidates are running in the primary election for

Pennsylvania's eighteen congressional districts.

2

5

congressional candidates. Amicus Curiae has a vital interest in the law

regarding

redistricting

constituents,

campaigns,

smce

congressional

and

elections.

districts

Accordingly,

directly

the

impact

Pennsylvania

Supreme Court's rulings have obvious and widespread implications as the 2018

election cycle is already well underway.

ARGUMENT

Applicants filed an emergency application to stay the Pennsylvania Supreme

Court's: (1) January 22, 2018 per curiam order finding the 2011 Pennsylvania

Congressional plan violative of the Pennsylvania Constitution; and (2) February 19,

2018 per curiam order imposing its own redistricting plan. Through these rulings, the

Pennsylvania Supreme Court has violated the Elections Clause, U.S. CONST. art. I, § 4,

and has upended the regularly scheduled election process in Pennsylvania.

Left unstayed, the Pennsylvania Supreme Court's orders will force Amicus and

its congressional candidates to devote considerable resources to reaching different

voters, campaigning in different districts, and fundraising from different areas.

Further, in reasonable anticipation of the 2018 election cycle, and in reliance upon the

existing congressional maps, Amicus and its congressional candidates have spent time

receiving and expending valuable resources in furtherance of the 2018 congressional

campaigns. Similarly, many citizens of Pennsylvania who have been contributing to

and volunteering with congressional campaigns in their district now find themselves

in different districts under the new unconstitutional plan.

Granting a stay will allow Amicus and its congressional candidates to continue

to reach their constituency as established under the lawfully enacted 2011 plan, and

6

avoid wasting valuable campmgn resources. Similarly, granting a stay will allow

Pennsylvania constituents to continue contributing to and supporting their existing

members of congress without waste and uncertainty while this Court considers the

merits of the decision below. Accordingly, Amicus respectfully ask this Court to grant

the stay application while this Court resolves the disposition ofthe appeal.

I.

IF THIS COURT DOES NOT GRANT A STAY, CONGRESSIONAL

CANDIDATES IN PENNSYLVANIA WILL SUFFER IRREPARABLE

HARM BY THEIR PREVIOUS RELIANCE ON THE DISTRICT MAPS.

Without a stay of the decision below, Amicus and its congressional candidates

will suffer irreparable harm due to their now obsolete and defunct campaign resource

allocations. Amicus and its congressional candidates, and many other congressional

candidates, have long been campaigning in anticipation of the 2018 election. In

addition, media and opposition campaigns have already been unleashed against

congressional incumbents by various political groups and activists, including

Democrats. In running for their respective congressional seats, congressional

candidates have invested substantial time, effort, and/or money.

Congressional candidates' personal efforts, activities, duties, and stakes in their

congressional candidacies have now been thrown into chaos. These prior activities

required knowing with certainty the geographic parameters of congressional districts

with sufficient lead time to permit the development of a campaign strategy that is

tailored to the needs of the unique voters in each district. The decisions to undertake

such investment were based in no small part on the existing boundaries of the

congressional districts under the lawfully enacted 2011 plan. In fact, the district

boundaries were a critical factor in making decisions about each candidacy. The sudden

7

change in congressional districts mere moments before the 2018 elections now

threatens some candidacies for Congress because they no longer live in their districts,

and some of the new districts now geographically or demographically favor a primary

opponent. Congressional candidates relied on the existing congressional map for over

a year in making campaign and election related decisions regarding the 2018 election.

The courts have repeatedly held that upending political geography in the midst

of elections can cause harm through the disruption of the political process, especially

as the election approaches. See Purcell v. Gonzalez, 549 U.S. 1 (2006); Reynolds v. Sims,

377 U.S. 533, 585 (1964) ("In awarding or withholding immediate relief, a court is

entitled to and should consider the proximity of a forthcoming election and the

mechanics and complexities of state election laws, and should act and rely upon general

equitable principles. With respect to the timing of relief, a court can reasonably

endeavor to avoid a disruption ofthe election process which might result from requiring

precipitate changes that could make unreasonable or embarrassing demands on a State

in adjusting to the requirements of the court's decree."); see Williams v. Rhodes, 393

U.S. 23, 35, 89 (1968) (finding last-minute addition to ballot would pose "a risk of

interference with the rights of other [citizens], for example, absentee voters").

In the present case, now that the 2018 election cycle is well underway, the new

judicially ordered, unconstitutional redistricting for the 2018 congressional elections

will result in "[s]erious disruption of orderly ... election processes." Butcher v. Bloom,

203 A.2d 556, 568 (Pa. 1964). Not only will congressional candidates have allocated

resources directed towards voters who no longer reside in the same district-and

therefore may no longer be potential constituents or supporters-they will have to

8

expend additional resources to reach new voters who now reside in the new districts.

Congressional candidate resource allocation was carefully targeted to reach potential

supporters in each congressional district. Every candidate now will have to expend

additional campaign resources in order to reach new potential supporters and voters.

These changes will result in candidates expending substantial resources without time

to fundraise, given the fast approaching primary filing deadline.

Moreover, given the time constraints and proximity to filing deadlines, more

expensive methods of campaign communication will have to be utilized in order to reach

voters who are new to congressional districts. Grassroots efforts such as community

organizing, door knocking, volunteer phone banking, canvassing, and barnstorming

generally require candidates to expend less money, but require much more time. Given

the Pennsylvania Supreme Court's orders, candidates will now be forced to utilize more

expensive-and less direct-means of voter outreach such as paid ''l·obo-calls" and

advertisement through television, internet, radio, and print. The lack of direct voter

contact from campaigns will fundamentally undermine the direct constituent

involvement in the political process. If this Court does not grant this stay and

subsequently reverses the Pennsylvania Supreme Court's decisions, even more waste

and harm will occur because campaigns will have reached out to new voters-who upon

reversal no longer reside in those districts-while potentially ceasing to reach out to

voters who had their districts switched and who reside in the original districts again.

Because of this overwhelming potential for harm, Amicus respectfully requests

this Court grant the stay application pending resolution of the applicants' petition for

certiorari.

9

II.

WITHOUT A STAY, THE CITIZENS OF PENNSYLVANIA WHO HAVE

ENGAGED IN THE POLITICAL PROCESS WILL SUFFER HARM BY

THE CREATION OF ANY INTERIM CONGRESSIONAL MAP.

Without a stay of the decision below, the citizens of Pennsylvania will suffer

irreparable harm to their involvement in the political process. Their rights to vote, to

express political opinions, to work to elect candidates of choice, and to run for political

office are core free expression and free assembly rights. PA. CONST. art. I §§ 7, 20; see

also In re Street, 451 A.2d 427, 432 (Pa. 1982) (("While the right to associate for the

advancement of political beliefs includes the right to advance a candidate who

represents those interests, ... the right of association does not encompass the right to

nominate as a candidate a particular individual who fails to meet reasonable eligibility

requirements .... ").

Just as Amicus and its congressional candidates have been rmsmg and

expending funds in efforts to win the 2018 election, the citizens of Pennsylvania have

been contributing to and volunteering with congressional candidates in anticipation of

the 2018 election. These citizens have supported these representatives in reliance on

the existing, lawfully enacted 2011 congressional map. Much of this support would not

have been pledged if the contributor resided in a different district than the candidate

or if a candidate was not likely to be successful in the 2018 elections. The decisions to

undertake this support were based in no small part on the existing boundaries of the

congressional districts.

The change in congressional districts before the 2018 elections will now result in

some contributors being represented by different representatives than the ones to

whom they originally contributed. Many citizens will surely be harmed by this kind of

10

situation because when pledging their support, they wished to support a candidate who

had the potential to represent them in congress for yet another term. Essentially, these

contributors relied on the existing, lawfully enacted congressional map when engaging

in the political process. The Pennsylvania Supreme Court's unconstitutional change to

that map prior to the 2018 election, especially before this Court has had an opportunity

to review the decisions of the lower court, will certainly cause irreparable harm through

the misallocation of campaign contributions.

Moreover, the complete upheaval of the regularly scheduled election processes

of Pennsylvania occasioned by the Pennsylvania Supreme Court's actions, without this

Court having the opportunity to review the decision, will certainly have a chilling effect

on contributor's willingness to provide funds. As this Court stated in Buckley v. Valeo,

"[g]iven the important role of contributions in financing political campaigns,

contribution restrictions could have a severe impact on political dialogue if the

limitations prevented candidates and political committees from amassing the resources

necessary for effective advocacy." 424 U.S. 1, 21 (1976). The unavoidable effect of the

Pennsylvania Supreme Court's unconstitutional redrawing of remedial maps is "voter

[and contributor] confusion and consequent incentive to remain away from the polls."

Purcell v. Gonzalez, 549 U.S. 1, 4-5 (2006).

Additionally,

county

Republican

party

organizations

throughout

the

Commonwealth of Pennsylvania have already completed the process of interviewing

congressional candidates for the purpose of determining whether and whom the county

party will endorse for the primary elections. This is a process that began in earnest in

January as candidates for Congress and other offices communicated with local elected

II

county committee people by mail, phone, and in-person visits, and then participated,

in many counties, in candidate interviews with the committees. These elected

Committee people, each representing their respective precincts, have already

participated in straw votes to determine the strength of a given candidate. This process

has culminated in the county committees meeting formally and in accordance with

their respective bylaws to decide whom to endorse. With this process having concluded,

in many cases, County Republican organizations' by laws provide no process for a new

round of endorsement meetings under the Pennsylvania Supreme Court's new

unconstitutional map.

Thus, in addition to the voter confusion that will undoubtedly take place given

the Pennsylvania Supreme Court's creation of a new unconstitutional map, the citizens

of Pennsylvania who are already involved in the political process through contribution

and volunteering will be harmed. A grant of stay by this Court will avoid the resulting

unnecessary and irreparable harm to citizens' core expression and assembly rights by

removing the uncertainty, wastefulness,

and hesitancy. Accordingly, Amicus

respectfully requests this Court grant the stay application, while this Court considers

disposition of the appeal.

III.

WITHOUT A STAY, THE POSTPONEMENT OF THE STATUTORILY

REQUIRED ELECTION DEADLINES WILL CAUSE SIGNIFICANT

COST AND LOGISTICAL CHALLENGES, RISKING ADDITIONAL

VOTER CONFUSION.

Deadlines for the 2018 primary and general elections are rapidly approaching.

By statute, the Pennsylvania Election Code specifies the dates on which nomination

petitions, including those for congressional candidates, can begin circulation and when

12

they must be filed. 25 Pa.C.S. § 2868. For the 2018 elections, the first day to circulate

and file nomination petitions for a candidate for Congress is February 13, 2018. (Joint

Stipulation of Facts below~ 131.) Nomination petitions must be filed by March 6, 2018.

(J. Stip. ,[ 132.) Remote military-overseas absentee ballots must be mailed by March

26, 2018. (J. Stip. ~ 135 (citing 25 Pa.C.S. § 3508(b)(1)).) The 2018 general primary

election is scheduled for May 15, 2018. (J. Stip. ~ 130 (citing 25 Pa.C.S. § 2753(a)).)

These dates also trigger responsibilities for Pennsylvania's sixty-seven counties.

County boards of elections are responsible for providing ballots for primary and general

elections. 25 Pa.C.S. § 2961. The county boards must prepare and print ballots in the

form provided by the Election Code. 25 Pa.C.S. §§ 2962, 2963 and 2964. No later than

forty days before an election, the county boards of elections must notify the county

committees of each political party when and where voting machines may be inspected.

25 Pa.C.S. § 3011(c). But no later than fifty days prior to a primary, county boards are

responsible for mailing absentee ballots to remote military-overseas ballots-hence the

March 26, 2018 deadline above. 25 Pa.C.S. § 3146.5(a). In addition, county boards of

elections must receive absentee ballot applications no earlier than fifty days prior to an

election and no later than the Tuesday prior to the election. 25 Pa.C.S. § 3146.2a(a).

Until the Friday prior to the election, challenges may be made to the county board's

approval of absentee ballot applications. 25 Pa.C.S. § 3146.2b(b). Meanwhile, county

boards must display primary and general election ballots starting the Thursday prior

to the election. 25 Pa.C.S. § 2968.

The Pennnsylvania Supreme Court's new unconstitutional plan requires moving

and shortening the nomination petition circulation period for congressional elections.

13

The Pennsylvania Department of State has issued a notice that the separate

nomination petition filing process in Pennsylvania for congressional candidates will be

as follows: February 27th-first day to circulate and file nomination petitions; March

20th-last day to circulate and file nomination petitions; March 22nd-ballot lottery;

March 27th-last day for withdrawal by candidates who file nomination petitions and

last day to file objections to nomination petitions.

Proper circulation of nomination petitions-the first event of the 2018 election

calendar-takes significant effort by state and county government, candidates, and

voters. Nomination petitions for Congress must include at least one thousand valid

signatures of registered and enrolled members of the proper party. 25 Pa.C.S. §

2872.1(12). Candidates are well advised to obtain a number of signatures well over the

required number to reduce the potential for objections to nomination petitions. See In

re Vodvarlw, 140 A. 3d 639, 640-41 (Pa. 2016) (noting number of signatures challenged).

The circulation of nomination petitions occur during Pennsylvania's winter, which at

times prevents circulators from securing signatures or the cancelling of signature

drives or events on certain days due to adverse and harsh weather conditions.

Moreover, the unconstitutional ordering of new congressional districts before the

nomination petition circulation period is causing confusion among voters. Local

political parties hold events to circulate nomination petitioners in February of an

election year. Voters have become familiar with congressional district boundaries and

their congresspersons over the past three election cycles under the existing districts

under the lawfully enacted 2011 plan. It will take a substantial amount of time to

educate voters of the new changes in the political and election process under the new,

14

unconstitutional congressional districts, similar to efforts to inform voters when their

polling place changes at or near an election.

Changing congressional districts during the nomination petition circulation

period causes a higher risk that voters may sign a nomination petition for the wrong

district. A voter may sign a nomination petition for only one candidate per office. 25

Pa.C.S. § 2868. Thus, for a voter who has now been moved to a new congressional

district but signs a nomination petition for her old district, not only is her signature

invalid, but she cannot sign a second petition in her new district either, thereby

effectively eliminating her rights. This will increase the number of objections to

nomination petitions, thus increasing the burden on the courts and further delaying

the identity of candidates for the primary election ballots.

Furthermore, the confusion the Pennsylvania Supreme Court's unconstitutional

drawing of remedial maps has created for residents of Pennsylvania's current 18th

Congressional District, as a result of the ongoing special election in that district, is

unparalleled. In its January 22, 2018 order, the Pennsylvania Supreme Court declared

that "the March 13, 2018 special election for Pennsylvania's 18th Congressional

District, which will fill a vacancy in an existing congressional seat for which the term

of office ends in 11 months, shall proceed under the Congressional Redistricting Act of

2011 and is unaffected by this Order." (See Federal Register, Vol. 82. No. 220, 11/16/17

(announcing filing dates for Special Election in the 18th Congressional District)

attached as Exhibit A hereto.) However, if the Pennsylvania Supreme Court's order is

not stayed, current residents of the 18th Congressional District will endure a scenario

in which they are participating in an active election to elect their representative in

15

Congress while also being asked to sign nominating petitions possibly for a new

member of congress who could represent the reformed 18th Congressional District

under the new map. Adding to this confusion, neither of the candidates currently

running in the March special election reside in the newly drawn 18th District.

Implementing

the

Pennsylvania

Supreme

Court's

unconstitutional

congressional map will cause voter confusion, force election administrators to act

outside statutorily required deadlines, and impose added costs to state and county

government, and ultimately the taxpayers. In other words, the new districting plan will

disrupt orderly state election processes and interfere with the normal operation of the

election machinery.

CONCLUSION

For the foregoing reasons, this Court should issue a stay of the Pennsylvania

Supreme Court's January 22, 2018 and February 19, 2018 orders pending this Court's

resolution of the applicants' petition for certiorari.

Respectfully submitted on this 5th day in March, 2018.

Joel L. Frank

Counsel of Record

Scot R . Withers

LAMB McERLANE PC

24 East Market Street

West Chester, PA 19321

Phone: (610) 430-8000

Facsimile: (610) 692-0877

Email: jfrank@lambmcerlane .com

swithers@lambmcerlane.com

Counsel for Amicus Curiae

Republican Party of Pennsylvania

16

EXHIBIT A

17

''''""""'?{'

GPO;?

53499

Federal Register/VaL 82, No, 220/Thursday, November 16, 2017/Notices

Filed Date: 11/9/17,

Accession Number: 20171109-5082.

Comments Due: 5 p.m. ET 11/30/17.

Docket Numbers: ERlB-276-000.

Applicants: Panda Hummel Station

LLC,

FEDERAL ELECTION COMMISSION

[NOTICE 2017-13]

Filing Dates for the Pennsylvania

Special Election in the 18th

Congressional District

AGENCY: Federal Election Commission.

Description: Baseline eTariff Filing:

FERC Electric Tariff, Volume No, 1

ACTION: Notice of filing dates for special

election.

(market-based rate application) to be

effective 1/9/2018,

Filed Date: 11/9/17,

Accession Number: 20171109-5094.

Comments Due: 5 p.m. ET 11/30/17.

The filings are accessible in the

Commission's eLibrary system by

clicking on the links or querying the

docket number.

Any person desiring to intervene or

protest in any of the above proceedings

must file in accordance with Rules 211

and 214 of the Commission's

Regulations (18 CFR 385,211 and

§ 385.214} on or before 5:00p.m. Eastern

time on the specified comment date.

Protests may be considered, but

intervention is necessary to become a

party to the proceeding.

eFiling is encouraged. More detailed

information relating to filing

requirements, interventions, protests,

service, and qualifying facilities filings

can be found at: http://www,ferc,gov/

docs-filing/efiling/filing-req,pdf, For

other information, call (866) 208-3676

(toll free), For TTY, call (202) 502-8659,

Dated: November 9, 2017.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

SUMMARY: Pennsylvania has scheduled a

special general election on March 13,

2018, to fill the US, House of

Representatives seat in the 18th

Congressional District vacated by

Representative Tim Murphy.

Committees required to file reports in

connection with the Special General

Election on March 13, 2018, shall file a

12-day Pre-General Report, and a 30-day

Post-General Report.

FOR FURTHER INFORMATION CONTACT: Ms,

Elizabeth S. Kurland, Information

Division, 999 E Sfl·eet NW., Washington,

DC 20463; Telephone: (202) 694-1100;

Toll Free (800) 424-9530,

SUPPLEMENTARY INFORMATION:

Principal Campaign Committees

All principal campaign committees of

candidates who participate in the

Pennsylvania Special General Election

shall file a 12-day Pre-General Report on

March 1, 2018; and a Post-General

Report on April12, 2018. (See chart

below for the closing date for each

report.)

Note that these reports are in addition

to the campaign committee's regular

quarterly filings. (See chart below for

the closing date for each report).

Unauthorized Committees (PACs i:md

Party Committees)

Political committees filing on a

quarterly basis in 2018 are subject to

special election reporting if they make

{FR Doc. 2017-24795 Filed 11-15-17:8:45 am]

BILLING CODE 6717-01-P

previously undisclosed contributions or

expenditures in connection with the

Pennsylvania Special General Election

by the close of books for the applicable

report(s). (See chart below for the

closing date for each report.)

Committees filing monthly that make

contributions or expenditures in

connection with the Pennsylvania

Special General Election will continue

to file according to the monthly

reporting schedule.

Additional disclosure information in

connection with the Pennsylvania

Special General Election may be found

on the FEC Web site at https:/1

www.fec.gov/help-candidates-andcommittees!dates-and-deadlines/.

Disclosure of Lobbyist Bundling

Activity

Principal campaign committees, party

committees and Leadership PACs that

are otherwise required to file reports in

connection with the special elections

must simultaneously file FEC Form 3L

if they receive two or more bundled

contributions from lobbyists/registrants

or lobbyist/registrant PACs that

aggregate in excess of the lobbyist

bundling disclosure threshold during

the special election reporting periods

{See chart below for closing date of each

period,) 11 CFR 104.22(a)(5)(v). (b),

The lobbyist bundling disclosure

threshold for calendar year 2017 is

$17,900. This threshold amount may

increase in 2018 based upon the annual

cost of living adjustment {COLA). Once

the adjusted threshold amount becomes

available, the Commission will publish

it in the Federal Register and post it on

its Web site, 11 CFR 110,17(e)(2), For

more information on these

requirements, see Federal Register

Notice 2009-03, 74 FR 7285 (February

17, 2009),

CALENDAR OF REPORTING DATES FOR PENNSYLVANIA SPECIAL GENERAL ELECTION

Report

Close of

books 1

Reg./cert. &

overnight

mailing

deadline

Filing deadline

02/26/18

04/12/18

03/01/18

04/12/18

Committees Involved in the Special General (03/13/18) Must File

Pre-General ................................... ..

Post-General .

April Quarterly ............................................... .

July Quarterly ............. ..

02/21/18

04/02/18

-WAIVED-

06/30/18

07/15/18

07/15/18 2

The reportmg period always begins the day after the closing date of the last report f1led. If the comm1ttee 1s new and has not previously flied

a report, the first report must cover all activity that occurred before the committee regislered as a polilical committee up through the close of

books for the first report due.

2 Notice that this filing deadline falls on a weekend or federal holiday. Filing deadlines are not extended when they fall on nonworking days.

Accordingly, reports filed by methods other than registered, certified or overnight mail must be received by close of business on the last business

day before the deadline.

1

53500

Federal Register I Vol. 82, No. 220 I Thursday, November 16, 2017 /Notices

Dated: November 3, 2017.

On behalf of the Commission,

Steven T. Walther,

Chairman, Federal Election Commission.

Board of Governors of the Federal Reserve

System, November 13, 2017.

Michele Taylor Fennell,

Assistant Secretary of the Board.

[FR Doc. 2017-24748 Filed 11-15-17; 8:45am!

[FR Doc. 2017-24835 Filed 11-15-17; 8:45am]

BILLING CODE 6715--01-P

BILLING CODE P

FEDERAL RESERVE SYSTEM

FEDERAL RESERVE SYSTEM

Formations of, Acquisitions by, and

Mergers of Bank Holding Companies

The companies listed in this notice

have applied to the Board for approval,

pursuant to the Bank Holding Company

Act of 1956 (12 U.S.C. 1841 et seq.)

(BHC Act), Regulation Y (12 CFR part

225), and all other applicable statutes

and regulations to become a bank

holding company and/or to acquire tho

assets or the ownership of, control of, or

the power to vote shares of a bank or

bank holding company and all of the

banks and nonbanking companies

owned by the bank holding company,

including the companies listed below.

The applications listed below, as well

as other related filings required by the

Board, are available for immediate

inspection at the Federal Reserve Bank

indicated. The applications will also be

available for inspection at the offices of

the Board of Governors. Interested

persons may express their views in

writing on the standards enumerated in

the BHC Act (12 U.S.C. 1842(c)). If the

proposal also involves the acquisition of

a nonbanking company, the review also

includes whether the acquisition of the

nonbanking company complies with the

standards in section 4 of the BHC Act

(12 U.S.C. 1843). Unless otherwise

noted, nonbanking activities will be

conducted throughout the United States.

Unless otherwise noted, comments

regarding each of these applications

must be received at the Reserve Bank

indicated or the offices of the Board of

Governors not later than December 15,

2017.

A. Federal Reserve Bank of St. Louis

(David L. Hubbard, Senior Manager)

P.O. Box 442, St. Louis, Missouri

63166-2034. Comments can also be sent

electronically to

Comments.applicalions@stls.frb.org:

1. M&P Community Bancshares, Inc.,

401 (k} Employee Stock Ownership Plan,

Newport, Arkansas; to acquire

additional voting shares, for a total of up

to 38 percent, of M&P Community

Bancshares, Inc., and thereby indirectly

acquire Merchants & Planters Bank all of

Newport, Arkansas.

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Change in Bank Control Notices;

Acquisitions of Shares of a Bank or

Bank Holding Company

Centers for Disease Control and

Prevention

Board of Scientific Counselors,

National Center for Health Statistics

(BSC, NCHS)

AGENCY: Centers for Disease Control and

Prevention (CDC), Department of Health

and Human Services (HHS).

ACTION: Notice of meeting.

SUMMARY: In accordance with the

The notificants listed below have

applied under the Change in Bank

Control Act (12 U.S.C. 1817(j)) and

§225.41 of the Board's Regulation Y (12

CFR 225.41) to acquire shares of a bank

or bank holding company. The factors

that are considered in acting on the

notices are set forth in paragraph 7 of

the Act (12 U.S.C. 1817(j)(7)).

The notices are available for

immediate inspection at the Federal

Reserve Bank indicated. The notices

also will be available for inspection at

the offices of the Board of Governors.

Interested persons may express their

views in writing to the Reserve Bank

indicated for that notice or to the offices

of the Board of Governors. Comments

must be received not later than

November 29,2017.

A. Federal Reserve Bank of Dallas

(Robert L. Triplett III, Senior Vice

President) 2200 North Pearl Street,

Dallas, Texas 75201-2272:

1. Ginne Cook Davis Trust under the

Cook 2017 Children's Trust Agreement,

Byron C. Cook, Trustee, and the Katie L.

Cook Trust under the Cook 2017

Children's Trust Agreement, Byron C.

Cook, Trustee, to join the Cook Family

Group, to retain voting shares of

Community Bank Holdings of Texas,

Inc. and thereby indirectly retain shares

of Community National Bank & Trust of

Texas, all of Corsicana, Texas.

Federal Advisory Committee Act, the

CDC, announces the, following meeting

for BSC, NCHS. This meeting is open to

tho public; however, visitors must be

processed in accordance with

established federal policies and

procedures. For foreign nationals or

non-U.S. citizens, pre-approval is

required (please contact Gwen Mustaf,

301-458-4500, glm4@cdc.gov, or

Charles Rothwell, cjr4@cdc.gov at least

10 days in advance for requirements).

All visitors are required to present a

valid form of picture identification

issued by a state, federal or international

government. As required by the Federal

Property Management Regulations, all

persons entering in or on Federal

controlled property and their packages,

briefcases, and other containers in their

immediate possession are subject to

being x-rayed and inspected. Federal

law prohibits the knowing possession or

the causing to be present of firearms,

explosives and other dangerous

weapons and illegal substances. The

meeting room accommodates

approximately 78 people.

DATES: The meeting will be held on

january 11, 2018, 11:00 a.m.-5:30p.m.,

EDT, and january 12, 2018, 8:30a.m.1 :00 p.m., EDT.

ADDRESSES: NCHS Headquarters, 3311

Toledo Road, Hyattsville, Maryland

20782.

Board of Governors of the Federal Reserve

System, November 9, 2017.

Yao-Chin Chao,

Assistant Secretaiyofthe Board.

Charles j. Rothwell, Director, NCHS/

CDC, 3311 Toledo Road, Room 2627,

Hyattsville, Maryland 20782, telephone

(301) 458-4500, email cjr4@cdc.gov.

[FR Doc. 2017-24739 Filed 11-15-17; 8:45am]

SUPPLEMENTARY INFORMATION:

BILLING CODE P

FOR FURTHER INFORMATION CONTACT:

Purpose: This committee is charged

with providing advice and making

recommendations to the Secretary,

Department of Health and Human

Services; the Director, CDC; and the

Director, NCHS, regarding the scientific

and technical program goals and

objectives, strategies, and priorities of

NCHS.

Matters to be Considered: The agenda

includes welcome remarks by NCHS