85-18-13 84:55 Pg: 4/11

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
DYLAN PITCHER; ALEXIS ROE; HANS
DANIEL ROSSO KERN and MICHAEL
JOHNSON,
Plaintiffs,
vs.
DUTCHESS COUNTY BOARD OF
ELECTIONS, ERIK J. HAIGHT, as
Commissioner of the Dutchess County Board of
Elections, and FRANCES A. KNAPP, as
Commissioner of the Dutchess County Board of
Elections,
Defendants.
Civil Action No. 12-cv-8017 (KMK)
STIPULATION OF SETTLEMENT
AND CONSENT DECREE
~ - ~ - ... < ,... " ......... - - ~ - "
~ ~ ( \ > < > . ~ r ~ ~ - ~ .. ,
I' 1 ~ ' '" - J ~ ... ).,""" .1'\.,_ __ ,.,''""""'-'"''
WHEREAS, this Stipulation of Settlement and Consent Decree ("Consent
Decree") resolves the dispute between Plaintiffs Dylan Pitcher, Alexis Roe, Hans Daniel Rosso
Kern, and Michael Johnson (collectively, the "Plaintiffs"), and Defendants Dutchess County
Board of Elections, Erik J. Haight, as Commissioner of the Dutchess County Board of Elections
("Defendant Haight"), and Frances A. Knapp, as Commissioner of the Dutchess County Board of
Elections ("Defendant Knapp'') (Defendant Dutchess County Board of Elections, Defendant
Haight and Defendant Knapp shall be referred to collectively as "Defendants") (Plaintiffs and
Defendants shall be referred to collectively as the "Parties");
WHEREAS, Plaintiffs filed this putative class action on October 31, 2012,
pursuant to 42 U.S.C. 1983, seeking injunctive and declaratory relief, on behalf of themselves
and other similarly situated students from Bard College, Marist College, and The Culinary
Institute of America, alleging violations of their rights under the First and Fourteenth
Amendments of the U.S. Constitution because the Dutchess County Board ofElections failed to
process and effectively rejected Plaintiffs' New York State Voter Registration Forms on the
basis that their completed forms did not include a dormitory name and/or room number;
LUWENSTEIH SAHDLER 05-10-13 04:56 Pg: 5/11
WHEREAS, on November 5, 2012, following oral argument and an evidentiary
hearing, the Court granted a preliminary injunction ordering Defendants to register those
students from Bard College, Marist College, and The Culinary Institute of America whose voter
registration applications had been rejected during the period from November 9, 2011 through
November 4, 2012 because the New York State Voter Registration Form which they submitted
did not set forth the name of the dormitory, and/or the room number within that dormitory, in
which they resided;
WHEREAS, to avoid protracted and costly litigation, the Parties have conferred
in good faith and agreed that this lawsuit should be resolved through the terms of this Consent
Decree as provided for herein, without any admission as to the Parties respective claims or
defenses;
WHEREAS, the Court has reviewed this Consent Decree and has concluded that
it is appropriate for the Court to enter this Consent Decree to resolve all matters in dispute in
this action as provided for therein.
NOW, THEREFORE, with the consent of the Parties, IT IS HEREBY
ADJUDGED, ORDERED AND DECREED as follows:
1. The Parties waive any requirement for a more specific or detailed order
which may be imposed by Rule 65(d) of the Federal Rules of Civil Procedure, other statutory
authority, or common law.
2. Pursuant to Rule 65 ofthe Federal Rules of Civil Procedure. the Dutchess
County Board of Elections and each of its officers and employees who have actual nptice of this
Consent Decree shall be permanently enjoined and prohibited from rejecting an application for
registration from a student at Bard College, Marist College, or The Culinary Institute of America
who resides on campus at such institution solely on the basis that the New York State Voter
-2-
A1762/3
05/10/2013 23699037.4
LOWENSTEIN SANDLER 85-18-13 84:56 Pg: 6/11
Registration form submitted by such student does not set forth the name of the dormitory, and/or
the room number within that dormitory, in which the student resides.
3. The enforcement of this order is not limited to the four named Plaintiffs;
rather, this order will be enforceable by any student from Bard College, Marist College or The
Culinary Institute of America who is aggrieved by the failure on the part of the Dutchess County
Board of Elections to adhere to the terms of this Consent Decree.
4. The foregoing notwithstanding, the Dutchess County Board of Elections,
its officers and employees shall not be prohibited by this Consent Decree from rejecting an
application for registration from a student at Bard College, Marist College or The Culinary
Institute of America pursuant to New York State election law if:
a. The New York State Voter Registration Form, designed by the
State Board of Elections pursuant to New York Election Law Section 5-210(5), is changed so
that it expressly requires the applicant to specify a dormitory name and/or room nwnber; or
b. The student provided an address on the New York State Voter
Registration Form that is not sufficient for the Dutchess County Board of Elections to
communicate with such student as evidenced by the fact that a communication mailed by the
Board of Elections to the student at that address was returned as lmdeliverable.
5. In the event the campus of Bard College, Marist College or The Culinary
Institute of America is divided into two or more election districts, the Dutchess County Board of
Elections or any of its officers or employees may:
a. Require that each student who is a resident on that campus and
who has registered to vote provide the name of the dormitory and the room number within that
dormitory, so long as the Dutchess County Board of Elections provides the student with adequate
notice of this new requirement; and only after such notice is given, may the Dutchess ColUlty
Board of Elections put in inactive status a student's registration if the student fails to provide
such information within 60 days;
-3-
A1762/3
05/10/2013 23699037.4
\
LOUEHSTEIH SAHDLER 85-18-13 84:56 Pg: 7/11
b. Reject the application for registration of any applicant for voter
registration after such campus is so divided if the applicant does not identify the dormitory, and
the room number within that donnitory, in which he or she resides, after the applicant is given
adequate notice of the deficiency and the applicant does not cure the deficiency at least 2
business days before the next election date.
6. The Dutchess County Board of Elections will pay to the attorneys for
Plaintiffs, within 90 days of the date of entry of the Consent Decree, the sum of $3 7,23 7 .50, in
full satisfaction of Plaintiffs' claim for counsel fees and costs and disbursements pursuant to 42
U.S.C. 1988. The Court further approves, on consent of the parties, the payment by the
Dutchess County Board of Elections of attorneys' fees to Richard Wolf, Esq., attorney for
Commissioner Knapp, in the amount of $2,797 .50, and to Wilson Elser Moskowitz Edelman &
Dicker LLP, attorneys for Commissioner Haight, in the amount of$ 18,000.00.
7. The Court shall retain jurisdiction over this action and over the Parties for
the limited purpose of the enforcement of the terms of the Consent Decree.
8. The Dutchess County Board of Elections shall provide a copy of this
Consent Decree to each and every officer and employee of the Dutchess County Board of
Elections, whose job function in any way relates to the process of registering voters.
9. The consent of the Defendants to this Consent Decree is conditioned upon
the approval by the County of Dutchess of the payment of the Plaintiffs' attorneys' fees as
provided for in this Consent Decree. Within 10 business days of this Consent Decree being
entered, the Defendants will request the County's approval for such payment and for an
appropriation of sufficient funds for that purpose. In the event that the County declines to grant
such approval or make such appropriation, or the County fails to act on the request for such
approval or appropriation within 90 days of the date on which this Consent Decree is entered,
this Consent Decree shall be null and void and of no further effect, and the Plaintiffs' shall have
30 days to serve an amended complaint. This period shall run from notification by counsel for
Defendant Haight of the County's decision or the County's failure to act." In the event that the
-4-
A1762/3
05/10/2013 23699037.4
LOWENSTEIN SANDLER 85-18-13 84:56 Pg: 8/11
County agrees to grant such approval or make such appropriation, the Complaint is dismissed
with prejudice and the Consent Decree constitutes the full and final adjudication on the merits of
any and all claims Plaintiffs have made or could have made in this action.
CONSENTED TO:
Dated: Roseland, New Jersey
May.!.!!__, 2013
Dated: New York, New York
May_,2013
Dated: Poughkeepsie, New York
May__, 2013
A 1752/3
05110/2013 23699037.4
Attorneys for Plaintiffs
Dylan Pitcher, Alexis Roe, Hans
Daniel Rosso Kern, Michael Johnson
LOWENSTEIN SANDLER LLP
65 Livingston A venue
Roseland,
By:
NEW YORK CIVIL LIBERTIES
UNION FOUNDATION
125 Broad Street, 19th Fl.
New York, NY 10004
By:
Arthur Eisenberg, Esq.
Attorneys for Defendant
Dutchess County Board of Elections
COUNTY OF DUTCHESS
DEPARTMENT OF LAW
22 Market Street
Poughkeepsie, NY 12601
By:
Keith P. Byron, Esq.
-5-
- --- J I ( LOWENSTEIN SANDLER
85-18-13 84:56
County agrees to grant such approval or make such appropriation, the Complaint is dismissed
with prejudice and the Consent Decree constitutes the full .and final adjudication on the merits of
any and all claims Plaintiffs have made or could have made in this action.
CONSENTED TO:
Dated: Roseland, New Jersey
May_,2013
Dated: New New York
May _j__, 2013
Dated: Poughkeepsie, New York
May_,2013
Al76213
OS/09/20 1 J 23699{)3 7 A
Attorneys for Plaintiffs
Dylan Pitcher, Alexis Roe, Hans
Daniel Rosso Kern, Michael Johnson
LOWENSTEIN SANDLER LLP
65 Livingston A venue
Roseland, NY 07068
By:
Matthew M. Oliver, Esq.
NEW YORK CIVIL
UNION FOUNDATION
125 Broad Street, 19lh Fl.
New York, NY i0004
By:
Attorneys for Defendant
Dutchess County Board of Elections
COUNTY OF DUTCHESS
DEPARTMENT OF LAW
22 Market Street
Poughkeepsie, NY 1260 1
By:
Keith P. Byron, Esq.
-5-
Pg: 9/11
LOWENSTEIN SANDLER 85-18-13 84:56 Pg: 18/11
Dated: White Plains, New York
May 10,2013
Dated: Poughkeepsie, New York
May _,2013
SO ORDERED:
Honorable Kenneth M. Karas, U.S.D.J.
Dated: 2013
Al762/3
05/10120\3
Attorneys for Defendant
Erik J. Haight, as Commissioner of
Dutchess County Board of Eledions
WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
3 Garrett Drive
White Plains, NY 10604-3407
By:
Obert A.'OO, Esq.
Attorney for Defendant
Frances A. Knapp, as Commissioner of
Dutchess County Board of Elections
RICHARD B. WOLF, ESQ.
510 Haight A venue, Suite 202
Poughkeepsie, NY 12603
By:
Richard B. Wolf. Esq.
-6-
Dated: Wbite Plains, New York
May -J2013
Dated: New Yor:k.

Dated: 2013
I
A1762Jl
OS1091l013 236990l7 .4
LOWEHSTEIH SAHDLER
LSIIS&GraER
85-18-13 84:56 Pg:
11
/
11
Attorneys for Defend$mt
Erik J. Haight, as CoiDJWssiouer of
Du.tdless Co1lnty Bea.-d of Elections
wasoN ELSER MOSKOWITZ
EJ>ELM.AN A DICKER LLP
3 Gmrett Drive
White Plains, NY 10604-3407
By:
Robert A. Spolzino, Esq.
Attorney for Defendant
i\11%1
Franees A. Kuapp, as Co,.,.,tsaieaer of
Du,ttbess Co11Dty Board of Eleeti.ODII .
-6-