Case 3:11-cv-00159-TSL -EGJ -LG Document 81-1 Filed 04/22/11 Page 1 of 4

EXHIBIT “A”

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

MISSISSIPPI STATE CONFERENCE OF THE PLAINTIFFS

NAACP, et al.

vs. CIVIL ACTION NO.

3:11-cv-159(TSL)(MTP)
HALEY BARBOUR, in his official capacity as
Governor of the State of Mississippi, et al. DEFENDANTS
and
APPORTIONMENT AND ELECTIONS COMMITTEE
OF THE MISSISSIPPI HOUSE OF REPRESENTATIVES, et al. INTERVENORS

REPRESENTATIVES SIDNEY BONDURANT,

BECKY CURRIE, and MARY ANN STEVENS MOVANT/INTERVENORS

JOINDER OF INTERVENORS, REPRESENTATIVES

SIDNEY BONDURANT, BECKY CURRIE, and MARY ANN STEVENS
IN SECRETARY OF STATE’S MOTION TO DISMISS

State Representatives Sidney Bondurant, Becky Currie, and Mary Ann Stevens (the

“Representatives”), Intervenors in this action, hereby move to dismiss the Complaint. In support

of their motion, the Representatives further show the following:

1. The Representatives join the Motion to Dismiss filed by Secretary of State

Delbert Hosemann [Docket 41], and incorporate the same as well as the memoranda filed in

support thereof as if fully set forth here.

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2. As argued by the Secretary of State, prior precedent in this Court demonstrates

that conducting the 2011 primary and general elections using current districts—as drawn in 2002

and precleared by the Department of Justice—does not result in a constitutional violation, so

long as the Legislature completes a redistricting plan pursuant to Section 254 of the Mississippi

Constitution of 1890 during the 2012 Legislative Session. See Fairley v. Forrest County,

Mississippi, 814 F. Supp. 1327, 1343-46 (S.D. Miss. 2003); Bryant v. Lawrence County,

Mississippi, 814 F. Supp. 1346, 1354 (S.D. Miss. 1993); Watkins v. Mabus, 771 F. Supp. 789

(S.D. Miss. 1991) (citing Reynolds v. Sims, 377 U.S. 533, 84 S. Ct. 1362 (1964)).

3. To conduct 2011 Legislative elections under the existing districts will further a

number of legitimate state policies, including allowing the Legislature to carry out its

constitutional redistricting responsibilities. Moreover, using the existing districts as an interim

remedy will avoid voter confusion as well as problems with administration of the elections.

4. The Plaintiffs’ claims should be dismissed under the above precedent; until the

Legislature has had adequate opportunity to adopt a new redistricting plan pursuant to the state

constitution, they have suffered no injury and are therefore not entitled to the relief requested in

their Complaint.

WHEREFORE, PREMISES CONSIDERED, Intervenors Representatives Sidney

Bondurant, Becky Currie, and Mary Ann Stevens respectfully request that this Court dismiss the

Complaint, for the reasons more fully urged by the Secretary of State, and allow the 2011

elections to proceed under currently precleared and existing districts.

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This the ___ day of April, 2011.

Respectfully submitted,

BY: _ ______________
CORY T. WILSON

CORY T. WILSON, MSB#10168

GORDON U. SANFORD, III, MSB#99233
WILLOUGHBY LAW GROUP
P.O. BOX 2305
MADISON, MS 39130-2305
TELEPHONE: 601-899-0065
FACSIMILE: 866-733-2008
EMAIL: cory@wlglegal.com
sandy@wlglegal.com

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CERTIFICATE OF SERVICE

I, Cory T. Wilson, do hereby certify that I have this date electronically filed the foregoing

Motion to Intervene with the Clerk of the court using the ECF system which sent notification of

such filing to the following:

Michael G. Wallace, Esq. Charles Stevens Seale, Esq.

mbw@wisecarter.com css@wisecarter.com
Samuel L. Begley, Esq.
sbegley1@bellsouth.net
Robert B. McDuff, Esq.
rbm@mcdufflaw.com
Harold Pizzetta, Esq. Justin L. Matheny, Esq.
hpizz@ago.state.ms.us jmath@ago.state.ms.us
Crystal Martin, Esq.
cmartin@co.hinds.ms.us
Jack L. Wilson, Esq. Stephen Lee Thomas, Esq.
jwilson@babc.com sthomas@babc.com
Robert L. Gibbs, Esq. Matthew W. Allen, Esq.
rgibbs@brunini.com mwallen@brunini.com
John F. Hawkins, Esq.
john@hsglawfirm.net

This the _____ day of April, 2011.

_____________
CORY T. WILSON