Case 5:11-cv OLG-JES-XR Document Filed 06/25/14 Page 1 of 11 REPRESENTATIVE TODD HUNTER 5/22/ (Pages 1 to 4)

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1 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 (Pages to IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, et al., Plaintiffs, and Civil Action Number UNITED STATES OF AMERICA, :-cv-0 (OLG-JES-XR Plaintiff-Intervenor, Three-Judge Court [Lead Case] v. STATE OF TEXAS, et al., 0 Defendants. ******************************************************** ORAL DEPOSITION OF REPRESENTATIVE TODD HUNTER MAY, 0 ******************************************************** ORAL DEPOSITION OF REPRESENTATIVE TODD HUNTER, produced as a witness at the instance of the PLAINTIFF-INTERVENOR UNITED STATES OF AMERICA and duly sworn, was taken in the above-styled and numbered cause on May, 0, from : a.m. to : p.m. before 0 TEENA L. HARMON-DAVIS, a Certified Shorthand Reporter in and for the State of Texas, reported by machine shorthand at the Office of the Texas Attorney General, 00 W. th Street, th Floor, Austin, Texas, pursuant to the Federal Rules of Civil Procedure and/or the provisions stated on the record or attached hereto. INDEX Page Appearances... REPRESENTATIVE TODD HUNTER Examination by Mr. Freeman... Examination by Mr. Sweeten... Signature and Changes... 0 Reporter's Certificate... EXHIBITS 0 No. Description Page Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action... Interim Report to the nd Texas Legislature House Committee on Redistricting, January 0... Witness List, Redistricting Committee (Subcommittee on Corpus Christi Redistricting July, 00-0:00 AM... Transcript of Proceedings - Subcommittee on Redistricting and Judiciary and Civil Jurisprudence, Public Forum, Corpus Christi, 0 Texas, June, Article on Caller.com, Corpus Christi, Texas: Redistricting matters to you, July, Map of Congressional Districts Enacted by nd Legislature, 0... A P P E A R A N C E S FOR THE PLAINTIFF-INTERVENOR: Mr. Daniel J. Freeman U.S. DEPARTMENT OF JUSTICE Civil Rights Division Voting Section 0 Pennsylvania Avenue, NW Room 0 NWB Washington, DC 00 daniel.freeman@usdoj.gov FOR THE DEFENDANTS: 0 Mr. Patrick K. Sweeten Mr. Jay Dyer OFFICE OF THE ATTORNEY GENERAL OF TEXAS Special Litigation Division 00 West th Street Austin, Texas 0 patrick.sweeten@texasattorneygeneral.gov jay.dyer@texasattorneygeneral.gov ALSO PRESENT: Ms. Teena L. Harmon-Davis, Court Reporter 0 EXHIBITS/continued: No. Description Page December, 00 String Between Todd Hunter and Gerardo Interiano... Summary of Requests Made by Representative Hunter... March, 0 from Bonnie Bruce, Subject: Schedule & Issues... 0 March, 0 from Jason Moore, Subject: Serious Redistricting Matter- 0 Urgent!... Talking Points Amendment Plan... Map Showing PlanH - Rep. Hunter District, Amend (H-F PlanH... Population and Voter Data with Voter Registration Comparison, House Districts - PlanH00... Map Entitled, DistrictViewer - Texas Legislative Council... April, 0 Forwarded from Raul 0 Torres to Todd Hunter and Connie Scott, Subject: Redistricting... Obituary - William N. (Bill Patman Racially Polarized Voting Analysis... 0 (00 -

2 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 A. So everybody was equal. And to your knowledge -- you've only mentioned two hearings at which senators participated in a joint hearing. To your knowledge approximately how many more do you recall of the field hearings had -- were jointly conducted with the Senate? A. I recall Dallas. I said I think there was a West Texas. 0 A. There may have been a Houston one. I do recall Dallas. A. But I can't remember the specifics in 00 on the joint with the Senate hearings. Q. Would it be fair to say that most of the hearings -- most of the 00 field hearings were conducted solely by the House? A. That I don't know because I don't know what the 0 Senate did. Q. Most of the 00 field hearings conducted by the House Redistricting Committee and the House Judiciary and Civil Jurisprudence Committee, am I correct to say that most of those hearings were conducted without the Senate? 0 (Pages to 0 Q. That was why I skipped that. A. Oh, okay. Q. And it was in Austin. And that June, 00, hearing, that was for invited testimony only, correct? A. It says that here. I don't recall. Do you recall if you attended the June, 00, hearing in San Antonio? 0 Q. Did you attend the July hearing in McAllen? Q. Did you attend the July 0 hearing in Laredo? Q. And I assume you attended the July hearing in Corpus? Q. Did you attend the August hearing in El Paso? 0 Q. Did you attend the August hearing in Lubbock? A. I don't think so. Q. Did you attend the September 0 hearing in Dallas? Which 00 field hearings did you attend? A. We'd have to go through the list. I attended most, but I can't remember. MR. FREEMAN: If we could mark this as Exhibit. (Exhibit No. marked Q. Chairman, have you seen this document before? 0 A. I'm sure I have. I don't recall. Q. What is this document? A. The document is called Interim Report by the House Committee on Redistricting, January 0. Q. And does this document contain a list of the 00 field hearings beginning on page? A. It appears to provide a list of hearings. Q. And if we could just proceed through this. A. Okay. Q. To your recollection did you attend the field 0 hearing on June, 00, in San Antonio? A. Let's see here. All right. Well, I think the first one was June in Austin. Yes. Q. And so you attended June in Austin? Q. That was the full committee. 0 Q. Did you attend the September hearing in Arlington? Q. Did you attend the September hearing in Richardson? A. I don't think so. Q. Did you attend the October hearing in Beaumont? 0 Q. Did you attend the October 0 hearing in Marshall? A. I don't believe so. Q. And did you attend the October hearing in Abilene? Q. And did you attend the November hearing in Austin? A. I believe so. Q. Did you attend the November 0 hearing in 0 Houston? A. I believe so. Q. Do you remember how many of these hearings 0 Redistricting Chairman Burt Solomons attended? Q. Do you remember if he attended any of them? (00 -

3 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 Q. So at this time you have no knowledge that Chairman Solomons attended any of the 00 hearings? Q. Do you recall seeing Gerardo Interiano at any of the 00 field hearings? Q. Do you know how many of these hearings he attended? 0 Q. Approximately, could you recall whether it was half of them? less than half? more than half? Do you recall if Ryan Downton attended any of the 00 field hearings? Q. So at this time you have no knowledge that Ryan Downton attended any of the 00 field hearings? A. I have no memory. 0 Q. Do you know whether Doug Davis attended any of the 00 field hearings? A. I don't recall the name, so I will have to say I don't. Q. That's fair. Do you know whether Eric Opiela attended any of the 00 field hearings? (Pages to committee then. Q. Well, if you could, take a moment to review the document. A. (Reviewing document All right. Q. Does the January 0 interim report of the Texas House Redistricting Committee describe the information that the committee gathered regarding redistricting of legislative, congressional, and State Board of Education districts? 0 A. It references -- MR. SWEETEN: Objection, vague. But go ahead. A. It references it. Q. It references the hearings, but it doesn't describe the testimony that was given at the hearings, does it? A. It does in Carol Alvarado's attachment. Q. That's a separate appendix to the report. So excluding that appendix, does the interim report describe 0 the information that the committee gathered during the field hearings? I'll ask about the appendix in a moment. A. Okay. Specifically, no. Generally, yes. Q. Generally it just states that information was gathered, but it doesn't convey what that information was, correct? A. He may have. A. But I don't recall specifically. Q. Not for certain? Okay. Do you know if Mike Hall attended any of the 00 field hearings? Q. Do you know which ones? Q. Do you know if it was more than -- more than 0 one or two? Q. How about Scott Sims; do you know if he attended any of the 00 field hearings? Q. Now, this 0 interim report, this report was not signed by you because you were not on the House Committee on Redistricting from 00 and 00, correct? Q. And this was not signed by Burt Solomons? 0 Q. Does the January 0 interim report describe the information that the committee gathered regarding redistricting of legislative, congressional, or State Board of Elections districts? A. I don't have any idea because I wasn't on the A. I agree. But as you just said, the letter from Representative Carol Alvarado that's attached as an appendix does provide a partial description of the 00 field hearings, correct? A. It provides her comments. Q. And her comments include what she states the committee heard from constituents, correct? A. I don't know other than what it says, but it is 0 her viewpoint. Q. But it says what she believes the committee heard from constituents during the 00 field hearings, correct? A. I can say it gives me her viewpoint, but I can't agree with your statement or question of what the committee heard. I agree with what her viewpoint is. Q. All I'm asking is, does this letter state what Representative Alvarado's viewpoint was regarding what information -- 0 Q. -- the committee heard during the field hearings? Am I correct that this is the only information conveyed in the 00 interim Redistricting (00 -

4 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 (Exhibit No. marked Q. Chairman, have you seen this document before? A. I can't remember. Q. What is this document? A. It says it's Witness List, Redistricting Committee (Subcommittee on Corpus Christi Redistricting July, 00, 0:00 AM. Q. And does this state whether or not the state demographer appeared as a witness? 0 A. I can't remember the name of the state demographer, but -- so I don't know. It doesn't -- doesn't tell me who the state demographer is. I don't know. Q. But am I correct that this witness -- excuse me. This witness list provides the title of any individual who is appearing in any official capacity, correct? Q. Am I correct that on this witness list 0 individuals such as Mayor Joe Adame of the City of Corpus Christi have the name of their organization or affiliation written next to them? Correct? A. On Mayor Joe Adame you're correct. Q. And same with candidate Jose Aliseda? (Pages to MR. FREEMAN: I want to apologize to the court reporter for such a lengthy exhibit. (Exhibit No. marked Q. I've marked this as Exhibit. What is this document? A. It is titled, Subcommittee on Redistricting and Judiciary and Civil Jurisprudence, Public Forum, June, 00, Corpus Christi, Texas. Q. Have you seen this document before? 0 Q. And so you don't know if anywhere in this transcript anyone discusses the possibility that after the 0 redistricting Nueces County would contain only two state House districts in whole or in part? Q. Do you recall whether Representative Berlanga attended the 00 Corpus Christi field hearing? A. According to Exhibit, he's listed. Q. Do you recall his testimony at all? 0 Q. If you could, turn to page. If you begin the paragraph -- if you could begin -- just review the paragraph that starts on line. MR. SWEETEN: This is Berlanga's statement, Dan? 0 Q. Then candidate Jose Aliseda? Q. And individuals who were appearing strictly in a personal capacity have "self" written next to them, correct? A. That I don't know. Q. There is no individual listed on this witness list who appears with "state demographer" written next to their name, correct? 0 A. Yes, I don't see state demographer listed on this sheet. Q. And you don't recall if the state demographer appeared as a witness? Q. Do you know if at any point in the Corpus Christi field hearing anyone discussed the possibility that after the 0 redistricting Nueces County would include only two state House districts in whole or in part? 0 A. It was discussed quite a bit, yes. Q. At the 0 field hearing? A. During the hearing? Q. Yes. A. Oh, I don't recall. MR. FREEMAN: It is. MR. SWEETEN: Okay. There's multiple pages back here. MR. FREEMAN: His name is at the bottom. MR. SWEETEN: Yeah, okay. You said line 0? MR. FREEMAN: I said the paragraph on page that begins at line. BY MR. FREEMAN: 0 Q. And just let me know when you're ready. A. Okay. Q. Am I correct that Representative Berlanga suggested that it would be necessary to combine existing districts with population outside of Nueces County in order to maintain particular minority districts? A. I'm not sure what he says. Q. On page, beginning on line does he say: If you keep Nueces County from being diminished or spreading it even further the only other alternative you 0 have is to take, for example, Abel Herrero's district and move it and pair it with Kleberg County or split San Patricio in order to satisfy that particular minority district? Is that correct? A. What you read is what it says here. And -- and when Representative Berlanga (00 -

5 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 was discussing particular minority districts did you understand him to be referring to districts protected by the Voting Rights Act? A. I have no idea what he was talking about. And if you could, turn to page. If you look at -- if you could, review page, the paragraph beginning on line, and let me know when you've reviewed it. A. (Reviewing document All right. 0 MR. SWEETEN: And then I want you to look at the previous page to see who's saying it, because I don't think it's Berlanga. MR. FREEMAN: It's not. THE WITNESS: Don't worry. I'm ready for him to ask me. MR. SWEETEN: Okay. Got you. BY MR. FREEMAN: Q. And all I'm asking is, did another speaker at the hearing, regardless of who it was -- 0 A. But I don't understand who it is. Q. All right. If you could, go back to page. A. I did. Q. And this is simply a citizen of Corpus Christi, correct? A. Well, let's look at the witness list, because (Pages to census was sent out, which we were all told was 0, nobody wanted to think that our area would lose. Nobody wanted a big change. During 00 in Nueces it was understood that Congress and the state representative districts would be modified. They've known it for years. All you have to look at is the trend from when I first started to 00. It was knowledgeable that we were losing population, but sometimes you don't want to accept that until you get the official notice that you lost. It 0 was very well understood that that was a possibility generally, but this hearing would not elicit that sort. What this hearing was is to make people aware of the process, give us your thoughts. And a lot of folks that are not -- in that hearing are not necessarily from Nueces; they're from several surrounding counties. And so I am not surprised in 00 that it is not mentioned at all. It would not, in my opinion as somebody who lives there, be the issue at that time. MR. FREEMAN: Okay. Can we take like 0 a five-minute break? I just need some water. MR. SWEETEN: Oh, sure. Sure, yeah. (Recess from 0: a.m. to : a.m. (Exhibit No. marked BY MR. FREEMAN: Q. I've marked this as Exhibit. Chairman, have it's important. If this is Daniel Lucio -- Q. It is. A. He's in charge of Battleground Texas and Turn Texas Blue today, so if that's who you're talking about, then yes, I've read his statement. Q. I had no idea, and I'm being perfectly candid. Did Mr. Lucio state that he was concerned about pairing state districts in this area? A. He is -- that's what he says on page. 0 Q. Yes. And does he state that he believes that pairing, especially in this area, would eliminate the possibility of electing a minority candidate to a population that deserves it? A. That's what it says. Am I correct that you don't know if anyone else at this hearing discussed the likelihood of pairing incumbents in this area or the necessity to do that? A. I don't recall, but I don't believe they would. 0 And why is that? THE WITNESS: It would be a narrative. MR. SWEETEN: No, you can -- you can respond to the question. A. Nobody wants to lose a senator or a representative. Until the official notice from the you seen this document before? A. I may and may have not. I don't know. Q. What is this document? A. It says it is Caller.com, Wednesday, July, 00: Redistricting matters to you. Q. And is Caller.com the website of the Corpus Christi Caller? Q. And was this the same date as the field hearing 0 in Corpus Christi? Q. And does this state in the second paragraph: Among the possibilities whispered about this area is that it could lose one state representative seat because population growth here hasn't matched the growth of San Antonio, the Rio Grande Valley, and Laredo? A. That's what it says. Q. And does it state in the next paragraph: We'll assume that protecting Corpus Christi's three state 0 representative seats is in all local residents' best interest regardless of political stripe? A. In the third paragraph? Oh, we'll assume. Okay. I'm sorry. I thought you said will. Yes, that's what it says. Q. And to your recollection was there any (00 -

6 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 testimony at the Corpus Christi field hearing suggesting that this would not be possible, to protect all three state representative seats? Q. Do you know if you addressed this concern in your opening remarks? Q. If you could, turn to page of the hearing transcript. This may take a couple of minutes just to 0 review, but -- A. (Reviewing document Okay. Q. Did you address the concern that it would not be possible to protect all three of Corpus Christi's three state representative seats in your opening remarks? A. I don't think I put that in there. Q. And why not if this was a concern in the community? A. It has -- doesn't necessarily have an application to an introduction by a chairman of a 0 hearing. A. And I'm not supposed to be weighting the process. Can you describe any way in which the 0 House map reflects suggestions made by the public at (Pages to 0 you may want to start on. My apologies. That'll introduce the witness. But on page, line to line -- I'm sorry. I meant line to line. Does Mr. Edward of the Corpus Christi Chamber of Commerce describe the Coastal Bend region as the area maybe as far away as Bee County up to maybe Victoria County down as far as Kleberg County? A. Well, I don't see the word Coastal Bend. I see him talking about communities of interest. 0 Q. Is that the area around Corpus Christi that he described as community of interest? A. Well, Bee County is not in the coastal zone. It's in another area, but I would say it's close by. Would you describe that area as the community of interest around Corpus Christi? MR. SWEETEN: Objection, vague. A. The 0 to counties? I don't -- Q. The 0 to county area around Corpus Christi that was described by -- 0 A. Foster Edwards. Q. -- Mr. Edwards. A. I cannot answer because he doesn't specify it's 0 or counties. He just says three counties that I see -- or four counties. Q. But does that specify essentially a range, as the 00 Corpus Christi field hearing? A. Could you repeat it again? Q. Sure. Can you describe any way in which the 0 House map reflects suggestions made by the public at the 00 Corpus Christi field hearing? MR. SWEETEN: Object as vague and overly broad. But you can go ahead and answer to the extent you can. A. I can't because I can't remember the hearing. 0 Now, several witnesses at the hearing discussed the creation of a congressional district centered around the city of Corpus Christi, correct? Q. Is this the area that you personally describe as the Coastal Bend region? Q. What area would you describe as the Coastal Bend region? A. Coastal Bend region means -- to me? 0 Q. To you. A. To me, is anyplace from Kleberg County to Nueces to San Patricio to Calhoun County to the Jackson County zone, Refugio, because those are your coastal counties centered in that area. Aransas is also there. Q. And if you turn to page of the transcript -- 0 far north as Victoria? In between Victoria and Nueces there's Aransas, San Patricio. Does that specify an approximate range, an area that is the community of interest around Corpus Christi? A. I think that I'm having a hard time on your question because you had asked me Coastal Bend, which is -- I gave you the coastal counties. The 0 to go out inland. And is it in a central region? The answer is yes. Is it the Coastal Bend proper? Not necessarily. 0 Q. And so did individuals at the Corpus Christi field hearing describe two different areas where they would like to see a congressional district, the community of interest around Corpus Christi or the Coastal Bend? A. I'm not following you. I think they talked about all that area. So you would -- you would say that they were suggesting that it would make sense to have a congressional district that included both the area around Corpus Christi and the Coastal Bend? 0 Did any witness voice support for a district that would include the city of Corpus Christi and would extend beyond Calhoun County and Victoria County? (00 -

7 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 Charlie Gonzalez was there, and I think -- I don't remember the rest of them. Q. Do you remember which members of Congress personally visited with you during the 0 legislative session? MR. FREEMAN: If we can mark this as Exhibit. (Exhibit No. marked 0 Q. Chairman, what is this document? A. Exhibit is an from Gerardo Interiano to me dated December, 00. Q. Who is Gene Locke? A. I believe he was a lawyer. Q. And does this establish that you had a meeting scheduled with Gene Locke sometime in December 00? A. I didn't know it was Gene Locke until you just told me it was Gene. 0 Q. Is there anyone else that Locke could have indicated? A. Yeah, there's a firm called Locke Lord. Q. Did you have any meetings with the law firm of Locke Lord in 00 related to redistricting? A. I can't remember. (Pages to discuss hiring counsel -- A. -- for either the House or the Speaker, and I was on that group that met and we were interviewing folks, and I believe that's what that is. And so are each of the individuals named in this , Andrews Kurth, Nixon, Jim Ho, and Paul Yetter, are those all attorneys who were being interviewed for potential positions? 0 A. I believe so. Were any of these attorneys eventually retained by the legislature for any official position during redistricting? Q. Did you have any other interactions with Joe Nixon during the redistricting process? A. Your time period being? Q. The 0 redistricting process, so December 00 through June 0. 0 A. Generally, I'm sure that I visited with him. Specifically, I don't remember. Q. How would you describe Joe Nixon's role in the 0 redistricting process? A. All I know is that Joe Nixon -- I believe his firm were involved in the redistricting process. Q. Do you remember if you met with Gene Locke in 00 related to redistricting? 0 A. I remember the name and I believe I may have met with him, but I can't remember anything specifically. Q. Do you remember what Gene Locke's role was in redistricting? A. No, I don't remember what his role in redistricting was. Q. Who is -- I mean, what is his -- what is his 0 role more broadly in -- in the Capitol? Is he a lobbyist? A. I really don't know. I think he's a lawyer. Q. Do you know who he might have represented during redistricting? Q. Do you recall what you discussed with Mr. Locke? A. I don't remember. Q. Does this document establish that you had 0 a meeting with a Mr. Nixon in December 00? A. That's what it says. Q. Is that likely Joe Nixon? A. I'm presuming so. Q. Why did you meet with Joe Nixon? A. In December there were a set of meetings to Specifically I don't know, but he did visit offices to talk to them. That's all I know. How about Andrews Kurth; did he have a role in the redistricting process after these meetings? A. I don't know. Q. How about Jim Ho; did he have a role? A. I don't know. Q. And how about Paul Yetter? A. I don't know. 0 Did you ever work with Scott Sims during the redistricting process? A. I think I remember Scott. Q. Did you retain any outside consultants, you personally, to draw maps of Nueces County? Q. Are you aware of who made the final map of Nueces County for the House 0 plan in terms of the very precise lines that were made? But it's all me, so whatever happens is 0 me. Q. You signed off on the final map? A. I signed off, and anything that was done is me. Q. Did you sit at a Red Apple terminal and -- I have staff that would submit, bring me the information, and then we would turn it back in. The (00 -

8 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 staff was just basically doing what I asked. It was me. Q. And so were you always asking them why a certain portion of Nueces County would be included in your district or excluded in your district when they brought you a potential map? A. I don't understand the question. Q. Well, you weren't sitting at a Red Apple terminal. 0 Q. So someone else was sitting at a Red Apple terminal. Q. And they were drawing a line between what was going to be District and what was going to be District, correct? Q. So when they brought you a potential map would you ask them, why is this part of the -- of the county included and why is this part not? 0 A. Probably I did. Q. Do you know if your staff worked with any outside consultants at all in drawing the map? A. Do I know personally? The answer is no, I can't recall. But I encouraged them -- I encouraged anybody that wanted to come by our office and provide us, (Pages to Council for redistricting information? A. All it has is me listed as requestor and there's an order summary. Q. And am I correct that -- well, am I correct that the reports listed under the Order Summary are maps and data reports related to redistricting? A. Under Order Summary? Q. Yes. A. Well, no. 0 Q. They're not? Section says that I had my office personnel calling to try to open up the plan, but it's blank. That's just an administrative -- Q. But the Texas Legislative Council, they're the ones who do Red Apple training and manage Red Apple, correct? Q. And so if you were making a request related to trying to open up a plan because you needed help with 0 Red Apple, that would be a request to the TLC, correct? A. That's correct. So based on that, based on having walked through this, does this appear to be a spreadsheet listing requests from your office to the Texas Legislative Council for various types of redistricting and so I'm sure we talked to various people, staff and me. Q. Do you know whose input is reflected in the -- in the 0 House plan -- A. Todd Hunter. Q. -- for Nueces County? Anyone else? A. Not that I know of. Did you personally make any requests for redistricting data to the Texas Legislative Council? 0 A. I'm not clear what you're asking. Q. Did you ever make any requests to the staff of the Texas Legislative Council asking for redistricting data? A. I'm sure I did. Q. Do you remember who you delegated authority to, to make those types of requests? A. Most of the requests came from me. (Exhibit No. marked Q. I've marked this as Exhibit. Have you seen 0 this document before? Q. What does this document appear to be? A. I have no idea. Q. Does it appear to be a spreadsheet listing requests from your office to the Texas Legislative assistance? A. It looks like it, yes. And Justin Hudman and Caleb McGee, those are your staff, right? Q. And on the line for March -- sorry. We're starting on the second page. The line for March, do you know what Hunt H0 to H are? A. Okay. So -- 0 Q. The request is for two copies, by, of Hunt H0 to H. Q. You don't know what those are? A. Huh-uh. Q. Do you know if there were any private maps drawn by your staff that were not released to the public? A. I'm sure we probably got on Red Apple with staff and did all sorts of things. Q. Do you know if you still have access to those 0 maps? If they're still there, they're still there. Red Apple or Legislative Council would always have it. We don't. Q. And on page do you see there are several listings for Hunt C00, Hunt C0, Hunt C0, a variety (00 -

9 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 of Hunt plans? Do you see those? Q. Do you know if these are private maps that were not released to the public? Q. Do you know if you still have access to those maps? A. I'm sure Legislative Council does. If you look at the line for April, 0 the first line for April, do you see that there was a request made by your office and that the contact was Scott Sims? Q. Did you authorize Scott Sims to request data on your behalf? A. You know, we may have. Q. Do you remember the context at all? Q. What was your specific relationship with 0 Mr. Sims during the redistricting process? THE WITNESS: This will be a narrative. MR. SWEETEN: Yeah, you can respond to the question. A. I believe Scott used to work for Representative Lewis, who was on the Judiciary Committee. 0 (Pages to 0 Q. You have no knowledge of who Kenneth might be? It could have been an intern that worked in our office. I don't remember Kenneth. Q. We'll leave that mystery unsolved. Q. Are you familiar with Bonnie Bruce? Q. Who is Bonnie Bruce? A. Bonnie was the clerk of redistricting in 0. 0 MR. FREEMAN: If we could mark this as Exhibit. (Exhibit No. marked Q. Representative, have you seen this document before? Q. What is this document? A. It looks like an to Bonnie Bruce dated March, 0. Q. It's from Bonnie Bruce, correct? 0 A. From Bonnie Bruce. Q. And it's to Denise Davis, Lisa Kaufman, Chris Griesel, and Burt as well as Gerardo Interiano, Addie Crimmins, and Ryan Downton? A. That's what it says. Q. And Burt is likely Burt Solomons, correct, In 0 I cannot remember if Scott was still working for Tryon Lewis part-time or not. There were different groups that offered that if you have questions, you want to learn, use us, and I believe Scott was part of that, and I'm sure we went to him and I'm sure we talked to others. The specifics I don't recall. Q. Do you know if you ever had Scott -- if you ever directed Scott Sims to draw a map or to modify a map for you? 0 A. Do I remember? The answer is no. Has he been in my office? The answer is yes. Q. But you have no specific recollection of what he was doing in your office? A. Well, I know what he was doing in my office, but if your question is do I remember this specifically and what he did, the answer is no. So you don't know whether the 0 House plan in Nueces County reflects any materials drafted by Mr. Sims? 0 A. Do I personally? The answer is no. On the line for April, 0, do you see that the contact is Kenneth? Q. Who is Kenneth? A. I don't know. 0 given the group? A. I think you're correct. If you go to the second page do you see where it says: Issues to discuss (Speaker? A. Okay. Q. Do you see your name there? Q. Why would the Speaker have listed you as an issue to discuss in March 0? 0 A. Well, I have no idea. I don't know what that means. Q. Had you raised any specific issues in March 0 with the Speaker that the Speaker would want to discuss with folks related to redistricting? Q. If you look under Litigation Team Advise Needed, do you see Nueces County? Q. So in March the Speaker and Chairman Solomons 0 were aware of potential litigation-related issues in Nueces County, correct? A. I don't agree with that -- Q. And why is that? A. -- question as stated. Q. Why? (00 -

10 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page 0 of REPRESENTATIVE TODD HUNTER //0 A. Because I don't know if Burt Solomons and the Speaker were aware. Q. Well, Burt Solomons received an saying Litigation Team Advise Needed, Nueces County, in March 0, correct? A. That's what this document says. Who is Jason Moore? A. I only know, I think, one Jason Moore. Q. And who is that? 0 A. And I believe he's somebody from West Texas, and that's all I really know. I don't really know him real personally. Q. At any point in the redistricting process did you have any contact with Mr. Moore? A. I'm sure he attended or was involved in those field hearings in 00. MR. FREEMAN: If we could mark this as Exhibit 0. (Exhibit No. 0 marked 0 Q. Have you seen this document before? A. I don't know if I have. Q. And what is this document? A. Says it is an from Eric Opiela dated March, 0, to Denise Davis, Gordon Johnson, and Gerardo Interiano. (Pages to Q. To your knowledge. THE WITNESS: It'll be a narrative. MR. SWEETEN: Same objection. You can -- you can answer the question on that basis. My objection is, calls for speculation. THE WITNESS: Okay. A. I don't know. Q. So you have no -- you have no knowledge of why they would have said that they were going to contact you 0 rather than any other member of the Texas House? A. The reason that I think I am listed is I did the field hearings, and I believe they were involved in the West Texas field hearings, and at that point in time we reached out and said, if you have concerns, to all sides, and I'm assuming that because I got to know people during the problem is, in 0 I'm not the chairman, so protocol goes through the chairman, and anything in 0, if he contacted me I don't recall. Do you recall having any other similar 0 communications with outside groups during the 0 redistricting process? A. Specifically, no, but they certainly may have occurred. Q. When I see these s I have to ask. A. And that's -- some of them I don't know. And Q. And it's forwarding an from Jason Moore? A. Yes, it says being forwarded message, Jason Moore. Q. And Mr. Moore states that he is going to contact you first thing in the morning to discuss the State Board of Education map, correct, on the prior page? A. It says I think we must, not him. Q. Did he ever reach out to you about the State Board of Education map? 0 A. If he did I don't recall. And on the second page the states that he's planning to ask if you could give a heads up if you believe proposals will be made that have the potential to ignite an absolute meltdown of the grass roots. Did he ever make that type of request to you? And I'm not sure what that means. Q. Did he ever make a request that you would alert him or this group of individuals named in this of 0 any particular type of proposal during redistricting? A. I don't remember him asking anything specific. Q. Why would a group of activists reach out to you rather than to Redistricting Chairman Burt Solomons? MR. SWEETEN: Objection, calls for speculation. I should say for the record, since you had a subpoena, I may be mentioned in these documents and I know nothing about them. Q. That's understandable. I appreciate you telling me when you have no knowledge, and it's my job to find out if you do. What was the purpose of the amendment that you offered on the floor of the Texas House during the 0 debate over the House plan? 0 A. 0? Q. Yes. A. What I can recall is, in my discussions with our delegation this amendment would have given -- it would have actually -- it was a way we could shift some precincts that complied with the county line rule and the federal law at the time. We discussed it with the delegation. They seemed to be fine, and so we were going to do that. It was kind of a generalized thought at the time, talk with them, and they felt that -- I think some 0 of the precincts maybe some people had had contact with before or knew people, and it fit within the law category, and that's what we were concerned about is the law category. Q. Did you have any other reasons for wanting to shift those precincts? (00 -

11 Case :-cv-000-olg-jes-xr Document 0- Filed 0// Page of REPRESENTATIVE TODD HUNTER //0 I, REPRESENTATIVE TODD HUNTER, have read the foregoing deposition and hereby affix my signature that same is true and correct, except as noted above. REPRESENTATIVE TODD HUNTER THE STATE OF COUNTY OF Before me,, on this 0 day personally appeared REPRESENTATIVE TODD HUNTER, known to me (or proved to me under oath or through to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of, 0. 0 NOTARY PUBLIC IN AND FOR THE STATE OF COMMISSION EXPIRES: (Pages to for all parties of record: Mr. Daniel J. Freeman, Attorney for the Plaintiff-Intervenor Mr. Patrick K. Sweeten and Mr. Jay Dyer, Attorneys for the Defendants; That the amount of time used by each party at the deposition is as follows: Mr. Freeman - hours: minutes Mr. Sweeten - 0 hours:0 minutes That $ is the charge to the Plaintiff-Intervenor 0 for preparing the original deposition transcript and any copies of exhibits. I further certify that I am neither counsel for, related to, nor employed by any of the parties or attorneys in the action in which this proceeding was taken, and further that I am not financially or otherwise interested in the outcome of the action. Certified to by me this day of, 0. 0 TEENA L. HARMON-DAVIS Texas CSR No. 00 Expiration Date: //0 U.S. LEGAL SUPPORT, INC. Texas Firm Registration No. Austin Centre 0 Brazos, Suite 0 Austin, Texas 0 ( - or (00 - IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SHANNON PEREZ, et al., Plaintiffs, and Civil Action Number UNITED STATES OF AMERICA, :-cv-0 (OLG-JES_XR Plaintiff-Intervenor, Three-Judge Court [Lead Case] v. STATE OF TEXAS, et al., 0 Defendants. REPORTER'S CERTIFICATION DEPOSITION OF REPRESENTATIVE TODD HUNTER MAY, 0 I, TEENA L. HARMON-DAVIS, Certified Shorthand Reporter in and for the State of Texas, hereby certify to the following: That the witness, REPRESENTATIVE TODD HUNTER, was duly sworn by me and that this transcript of the oral deposition is a true record of the proceedings held and the testimony given by the witness; 0 That the original transcript, along with any exhibits marked therein, was submitted on to for examination and signature by the witness; That pursuant to information given to me at the time said testimony was taken, the following includes counsel (00 -