Case: 3:15-cv-00421-bbc Document #: 105-8 Filed: 05/02/16 Page 1 of 3
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ALVIN BALDUS, CINDY BARBERA, CARLENE
BECHEN, RONALD BIENDSEIL, RON BOONE, VERA
BOONE, ELVIRA BUMPUS, EV ANJELINA
CLEEREMAN, SHEILA COCHRAN, LESLIE W.
DA VIS III, BRETT ECKSTEIN, MAXINE HOUGH,
CLARENCE JOHNSON, RICHARD KRESBACH,
RICHARD LANGE, GLADYS MANZANET,
ROCHELLE MOORE, AMY RISSEEUW, JUDY
ROBSON, GLORIA ROGERS, JEANNE SANCHEZBELL, CECELIA SCHLIEPP, TRAVIS THYSSEN,
Civil Action
File No. II-CV-562
Plaintiffs,
TAMMY BALDWIN ET AL., GWENDOLYNNE
MOORE and RONALD KIND,
Three-judge panel
28 U.S.C. § 2284
Intervenor-Plaintiffs,
v.
Members of the Wisconsin Government Accountability
Board, each only in his official capacity: MICHAEL
BRENNAN, DAVID DEININGER, GERALD NICHOL,
THOMAS CANE, THOMAS BARLAND, and TIMOTHY
VOCKE, and KEVIN KENNEDY, Director and General Counsel
for the Wisconsin Government Accountability Board,
Defendants,
F. JAMES SENSENBRENNER, JR., THOMAS E. PETRI,
PAUL D. RYAN, JR., REID J. RIBBLE, and SEAN P. DUFFY,
Intervenor-Defendants.
VOCES DE LA FRONTERA, INC., RAMIRO VARA,
OLGA VARA, JOSE PEREZ, and ERICA RAMIREZ,
Plaintiffs,
v.
Case No. II-CV- IOII
JPS-DPW-RMD
'( I V 1'54\f4y-
~IBI~ NO. _~=--=-_
'"'t Id-"~"J, RPTR ~
For the'Recor d, Inc.
(608) 833-0392
Case 2:1l-cv-00562-JPS-DPW-RMD Filed 04/25/13 Page 1 of 3 Document 308
Case: 3:15-cv-00421-bbc Document #: 105-8 Filed: 05/02/16 Page 2 of 3
Members of the Wisconsin Government Accountability
Board, each only in his official capacity: MICHAEL
BRENNAN, DAVID DEININGER, GERALD NICHOL,
THOMAS CANE, THOMAS BARLAND, and TIMOTHY
VOCKE, and KEVIN KENNEDY, Director and General Counsel
for the Wisconsin Government Accountability Board,
Defendants.
DECLARATION OF JEFF YLVISAKER
I, JeffYlvisaker, declare under penalty of perjury and pursuant to 28 U.S.c. § 1746 that
the following is true and correct:
I.
I am the Director of the State of Wisconsin Legislative Technology Services
Bureau ("L TSB").
2.
The LTSB is a non-partisan legislative service agency responsible for providing
technology services and support to the Wisconsin Legislature and its service agencies.
Specifically, the LTSB procures, prepares, and supports computer hardware, software, and data
for use by the Wisconsin Legislature. Once computers are delivered to the Legislature, the
LTSB does not maintain possession or control of the computers or related equipment. However,
LTSB services the computers or related equipment and maintains and operates the computer
systems to which the computers are connected.
3.
The computers that LTSB prepares and deploys to the Legislature are configured
to receive updates when they are connected to the legislative network. These updates include the
addition, deletion, and modification of system files and application files; for example, updates to
the Microsoft Windows operating system or Microsoft Office. A forensic analysis of a typical
legislative computer would very likely reveal evidence of system and application tile additions,
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Filed 04/25/13
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deletions, and modifications that occur as a result of normal maintenance irrespective of what a
user is doing on the computer.
4.
The legislative redistricting computers used by the Wisconsin Legislature
required additional support and maintenance due to the specialized software and data used for
redistricting. To accomplish this, LTSB staff periodically added, modified, and deleted system
files, application files, and large collections of census data used as input to redistricting plans.
Additionally, LTSB staff would create, use, and subsequently delete redistricting plans on the
redistricting computers in order to test updates to, and features of, the redistricting software. A
forensic analysis of the redistricting computers would very likely reveal evidence of deletions of
census data collections and test redistricting plans done by LTSB staff in addition to whatever
system and application file additions, deletions, and modifications occur as a result of normal
maintenance, all of this is irrespective of what a user is doing on the computer.
5.
Even in the context of a litigation hold, normal maintenance is required to ensure
that a computer is maintained in good working condition.
Dated this 25th day of Apri I, 2013
lsi Jen"Ylvisaker
Jeff Ylvisaker
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