 (42 U.S.C. § 1983; Violation of the Help America Vote Act Against Defendants Reagan,  Maricopa County, and Fontes)   (42 U.S.C. § 1983; Violation of Article I, Section 2 of the U.S. Constitution Against  Defendants Reagan, Maricopa County, and Fontes)   (42 U.S.C. § 1983; Violation of the National Voter Registration Act Against Defendants  Reagan, Maricopa County, and Fontes)   1.  For an order certifying a Class and Subclass pursuant to Rule 23(b)(2);    13.  To be eligible to vote in a particular election, Arizona law requires that the  voter’s registration form be “received by the county recorder . . . prior to midnight of the  twenty-ninth day” before that election.  A.R.S. § 16-120.   15.  Columbus Day is a state and federal holiday.  See A.R.S. § 1-301(A); 5  2.  For compensatory and punitive damages in an amount to be determined  according to proof;   3.  For costs of suit and attorneys’ fees as provided by law; and   4.  For such other relief as the Court deems just and proper.  44.  Plaintiff is a United States Citizen living in Arizona.  He brings this action  against the Defendants both as an individual and as a representative of a class of all  Arizona voters who had their ballots discarded due to the unlawful October 10, 2016  Policy, which set an unlawful voter registration deadline.   45.  Plaintiff brings this action pursuant to Federal Rule of Civil Procedure  23(b)(2) to certify a class of individuals who did not have their ballots counted due to the  unlawful October 10, 2016 voter registration deadline.     46.  Plaintiff seeks to represent a class of all Arizona voters who registered to  vote on October 11, 2016 and cast a provisional ballot in the November 8, 2016 General  Election.   48.  The members of the Class and Subclass are so numerous that joinder of all  members is impracticable.  The Class and Subclass consist of hundreds of individuals  who registered to vote on October 11, 2016 and cast a provisional ballot in the November  8, 2016 General Election.   49.  There are questions of law and fact common to the Class and Subclass,  including:  a.  Whether the Defendants violated the Class and Subclass members’  right to register to vote by adopting a voter registration deadline that did not  comply with the National Voter Registration Act;  b.  Whether the Defendants violated Class and Subclass members’ right  to vote by refusing to count their ballots and certifying election results that  did comply with the Help America Vote Act;  c.  Whether the Defendants violated Class and Subclass members’  federal and constitutional rights by engaging in conduct that led to the  disenfranchisement of all voters who registered on October 11, 2016.   50.  Plaintiff’s claims are typical of those of the Class and Subclass because the  policies, practices, and conduct that violated Plaintiff’s rights are the same as those that  were applied to all members of the Class and Subclass.  Plaintiff is a member of the Class  and Subclass he seeks to represent.   52.  Defendants have acted on grounds applicable to the Class and Subclass, in  that their policies, practices, and conduct have affected all Class and Subclass members.  53.  Plaintiff realleges and incorporates by reference all prior paragraphs of this  Complaint and the paragraphs in the counts below as though fully set forth herein.   54.  The purpose of the National Voter Registration Act (“NVRA”) is to, among  other things, “establish procedures that will increase the number of eligible citizens who  register to vote in elections for Federal office.”  52 U.S.C. § 20501(b)(1).     55.  To accomplish this, the NVRA requires that states provide for voter  registration via several methods: registration with an application for a driver’s license, 52  U.S.C. § 20504; registration by mail, 52 U.S.C. § 20505; and in-person registration at  registration sites or government offices, 52 U.S.C. § 20506.   57.  Arizona law requires that voter registration forms be “received . . . prior to  midnight of the twenty-ninth day preceding the date of the election.”  A.R.S. § 16-120.   Twenty-nine days before the November 2016 Election was October 10, 2016, which is  the registration deadline the Defendants set.  That date, however, fell on Columbus Day.   It was thus impossible for Arizonans to register using certain NVRA-mandated methods  on that date.  For example, MVD and post offices were closed on Columbus Day.  The  same was true of October 9, 2016 because it was a Sunday.  Therefore, Arizonans were  required to register to vote via these methods, by the latest, Saturday, October 8, 2016.   This deadline was 31 days before the election and violates the NVRA.  See 52 U.S.C.  § 20507(a)(1).   58.  Put differently, given that 29 days before the November 2016 Election fell  on Columbus Day, the first available day to require voters to register through the NVRA  methods that was “not later” than 29 days before the election was Tuesday, October 11,  2016.   Accordingly, Defendants’ insistence that voters who registered by October 11,  2016 were ineligible vote in the November 2016 Election was inconsistent with, and a  violation of, the NVRA and Arizona law.   60.  Defendants’ violations of 52 U.S.C. § 20507(a)(1) directly and proximately  caused Plaintiff to suffer injuries and damages.  61.  Plaintiff realleges and incorporates by reference all prior paragraphs of this  Complaint and the paragraphs in the counts below as though fully set forth herein.   62.  Under the Help America Vote Act (“HAVA”), “[i]f the appropriate State or  local election official to whom [a] [provisional] ballot or voter information is transmitted  … determines that the individual is eligible under State law to vote, the individual’s  provisional ballot shall be counted as a vote in that election in accordance with State  law.”  52 U.S.C. § 21082(a)(4).   63.  Because all of the provisional ballots described herein were cast by voters,  who should have been eligible to vote under state law, the plain language of 52 U.S.C.  § 21082(a)(4) required that those votes should have been counted.   65.  Defendants’ violation of 52 U.S.C. § 21082(a)(4) directly and proximately  caused Plaintiff to suffer injuries and damages.  66.  Plaintiff realleges and incorporates by reference all prior paragraphs of this  Complaint and the paragraphs in the counts below as though fully set forth herein.   67.  Article I, Section 2 of the United States Constitution provides that “[t]he  House of Representatives shall be composed of Members chosen every second Year by  the People of the several States, and the Electors in each State shall have the  Qualifications requisite for Electors of the most numerous Branch of the State  Legislature.”   68.  Article I, Section 2 secures the right of qualified voters within a state to cast  their ballots and have them counted in Congressional elections.   69.  Because all of the provisional ballots described herein were cast by  qualified voters within the State of Arizona, Article I, Section 2 required Defendants to  count their vote.   71.  Defendants’ violation of Article I, Section 2 directly and proximately  caused Plaintiff to suffer injuries and damages.  WHEREFORE, Plaintiff prays as follows:   I.  BACKGROUND  