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DC Board of Elections and Ethics and Citizens Committee for the D.C. Video Lottery Terminal Initiative of 2004
Settlement of lawsuit to enforce fine
September 19, 2007

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IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

District of Columbia Board of Elections and Ethics, Petitioner,

v.

Citizens Committee for the D.C. Video Lotter Terminal Initiative of 2004, et al., Respondents

Civil Action No. 05ca007439
Calendar 1
Judge Gerald I. Fisher
Next Event: Status Herating
September 28, 2007

SETTLEMENT AND STIPULATION OF DISMISSAL

Whereas, on July 29, 2005, the Board of Elections and Ethics (the "Board") assessed a penalty of $622,880 against the Citizens Committee for the D.C. Video Lottery Terminal Initiative of 2004 and its former officers (collectively the "Committee");

Whereas, the Board filed a petition for enforcement of the penalty against the Committee in the Superior Court for the District of Columbia;

Whereas, the Committee responded to the petition for enforcement, challenging the Board's authority to assess any penalty against the Committee on the evidence presented, as well as the methodology the Board used in calculating the penalty;

Whereas, the factual issues presented in this case are complex and many of the legal issues presented are unique and unsettled by any prior judicial precedent;

Whereas, the outcome of judicial proceedings in these circumstances is uncertain;

Whereas, neither the Board nor the Committee concedes any merit in any position articulated by the other;

Whereas, the Board determined that the interest of the residents of the District of Columbia would be better served by the appointment of a blue ribbon task force to consider whether the initiative petition circulation process in the District might be improved by selective incorporation of best practices and policies from other jurisdictions or other modification of the process than by continuing this litigation; and

Whereas, a vibrant democratic process requires the participation of a well-education and informed citizenry, the Committee has secured a voluntary contribution of $75,000, to be divided evenly between the District of Columbia League of Women Voters Education Fund an the Rock the Vote organization, to be used to identify, register, and educate potential District of Columbia voters on the electoral process, with a special emphasis on students attending the secondary schools and universities located in the District of Columbia.

Therefore, the Board and the Committee hereby agree that, under all circumstances presented, this case should be dismissed with prejudice, and without payment of any penalty.

Kenneth J. McGhie, General Counsel
D.C. Board of Elections & Ethics
441 4th Street, N.W.
Washington, D.C. 20001
(202) 727-2752 (tel.)
(202) 347-2648 (fax)
kmcghie@dcboee.org
(Counsel for Petitioner)

George W. Jones, Jr.
Sidley Austin LLP
1501 K Street, N.W.
Washington, D.C. 20005
(202) 736-8158 (tel.)
(202) 736-8771 (fax)
gjones@sidley.com
(Counsel for Respondents)


SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

District of Columbia Board of Elections and Ethics, Petitioner,

v.

Citizens Committee for the D.C. Video Lotter Terminal Initiative of 2004, et al., Respondents

Civil Action No. 05ca007439
Calendar 1
Judge Gerald I. Fisher
Next Event: Status Herating
September 28, 2007

ORDER

Upon consideration of the Settlement and Stipulation of Dismissal filed by the parties in this case, it is hereby

ORDERED, that the petition of the District of Columbia Board of Elections and Ethics for enforcement of the July 29, 2005 penalty assessed against the Citizens Committee for the D.C. Video Lottery Terminal Initiative of 2004 and its former officers is DISMISSED WITH PREJUDICE.

Judge Gerald Fisher
Dated, September _____, 2007

cc:

Kenneth J. McGhie, General Counsel
D.C. Board of Elections & Ethics
441 4th Street, N.W.
Washington, D.C. 20001
(202) 727-2752 (tel.)
(202) 347-2648 (fax)
kmcghie@dcboee.org
(Counsel for Petitioner)

George W. Jones, Jr.
Sidley Austin LLP
1501 K Street, N.W.
Washington, D.C. 20005
(202) 736-8158 (tel.)
(202) 736-8771 (fax)
gjones@sidley.com
(Counsel for Respondents)

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