National Voter Registration Settlement, Massachusetts Secretary of the Commonwealth

National Voter Registration Settlement, Massachusetts Secretary of the Commonwealth

June 16, 2015
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This Settlement Agreement with the Secretary of the Commonwealth is 1 of 2 settlements executed on June 16, 2015. See here for accompanying settlement.

Plaintiffs New England Area Conference of the National Association for the Advancement of Colored People (“NAACP-NEAC”) and New England United for Justice (“NEU4J”) (collectively “Plaintiffs”)1 brought this Action alleging violations of Section 7 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20506 (formerly 42 U.S.C. § 1973gg-5), by William F. Galvin, in his official capacity as Secretary of the Commonwealth of Massachusetts (“SOC”); Marylou Sudders (as successor to John Polanowicz), in her official capacity as Secretary of the Executive Office of Health and Human Services (“EOHHS”); Jeff McCue (as successor to Stacey Monahan), in his official capacity as Acting Commissioner of the Department of Transitional Assistance (“DTA”); and Daniel Tsai (as successor to Kristin Thorn), in his official capacity as Director of the Office of Medicaid (“MassHealth”) (collectively “Defendants”). The Complaint was filed on May 15, 2012 against the SOC, DTA, and EOHHS. An Amended Complaint, adding MassHealth as a Defendant, was filed with the Court’s approval on March 17, 2014 (Dkt. Nos. 138 and 143). Plaintiffs allege widespread past and ongoing violations of Section 7 of the NVRA by Defendants and are seeking declaratory and injunctive relief. Defendants, for their part, deny the allegations and any violation of law.

On March 18, 2015, Plaintiffs and DTA entered into a settlement agreement (Dkt. No. 213-1) (“DTA Settlement Agreement”) and jointly moved the Court to enter an order of final judgment dismissing Plaintiffs’ claims as to DTA only. The Court entered an order of dismissal as to DTA only on March 20, 2015 (Dkt. No. 215).

Plaintiffs and the SOC now desire to resolve and settle this Action without further litigation and expense. Plaintiffs and the SOC agree to the following terms in full and final resolution and settlement, and dismissal with prejudice, of Plaintiffs’ claims against the SOC in this Action, as defined in Section IV. By entering into this settlement agreement (“Agreement”), the SOC does not admit any liability or any violation of the NVRA or any other law, and this Agreement shall not constitute evidence of any wrongdoing or violation of law. This Agreement does not resolve or settle Plaintiffs’ claims under Section 7 of the NVRA brought against Defendants EOHHS and MassHealth. 

 

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