[Lnc-business] Advisement of proposed lawsuit - Maine

[Kevin Ludlow]

Thanks, Mr. Chair.

Unless somebody can steer me in a different direction, it seems to me this
is precisely the sort of thing we allocate a legal budget for in the first
place.

Thanks.
Kevin Ludlow
Region 7

On Fri, Dec 11, 2015 at 11:24 AM, Nicholas Sarwark <chair at lp.org> wrote:

> To answer Mr. Goldstein and Mr. Ludlow's question, this expense would
> be under the litigation line item that has $13,500 in the remaining
> budget for the year.
>
> -Nick
>
> On Fri, Dec 11, 2015 at 10:10 AM, Kevin Ludlow <ludlow at gmail.com> wrote:
> > Mr. Chair,
> >
> > Thank you for sending this out.  I would very likely support this kind of
> > effort.
> >
> > I realize there would be an effort to have the legal fees refunded upon a
> > favorable outcome, but ignoring that possibility, would the $4,000 come
> from
> > our legal budgeting, would it borrow from a different category, or would
> it
> > need to be raised separately altogether?
> >
> > Again, I would likely support the effort either way, but just want to
> > clarify how we'd be allocating it.
> >
> > Thanks much.
> >
> > Kevin Ludlow
> > Region 7
> >
> > On Fri, Dec 11, 2015 at 10:57 AM, Nicholas Sarwark <chair at lp.org> wrote:
> >>
> >> Dear Fellow LNC Members,
> >>
> >> Pursuant to Policy Manual provision Section 2.04(2), I am writing to
> >> advise you of a proposed lawsuit to be filed in Maine.
> >>
> >> As you may be aware, the Libertarian Party of Maine undertook a voter
> >> registration drive to obtain party status by obtaining over 5,000
> >> Libertarian voter registrations by December 1, 2015.  The Libertarian
> >> Party of Maine collected and turned in over 6,000 voter registrations.
> >> However, many of those registrations were not processed by the local
> >> officials who had them prior to the Secretary of State evaluating
> >> whether the party had 5,000 registrations. Per the Secretary of
> >> State's office, the Libertarian Party of Maine only had 4,489
> >> registrations by the deadline.  More details here:
> >>
> >>
> http://ballot-access.org/2015/12/09/maine-secretary-of-state-denies-libertarian-partys-ballot-access/
> >>
> >> On hearing this news, I asked Oliver Hall to evaluate the cost of
> >> filing suit to require the Secretary of State to count the
> >> registrations that were turned in prior to the deadline but
> >> unprocessed and/or challenge the early deadline (Dec. 1 in the year
> >> before the election) as unconstitutionally early.  He has consulted
> >> with a colleague of his in Maine  who he has worked with before and
> >> would be willing to be co-counsel on the suit in Maine.  The retainer
> >> for litigating the entire District Court case would be $4,000, and
> >> would include: drafting and filing the complaint; drafting and filing
> >> the motion for temporary restraining order/preliminary injunction;
> >> preparing supporting affidavits; arguing the motion; and converting
> >> the (presumably successful) motion for preliminary relief into one for
> >> summary judgment (i.e., permanent relief) and filing that motion.
> >>
> >> Per Mr. Hall, "The complaint would probably assert both facial and
> >> as-applied challenges to the statute (and the Secretary’s failure to
> >> process registrations pursuant thereto) under the First and Fourteenth
> >> Amendments and Section 1983. It would request declaratory and
> >> injunctive relief. It would also request attorney's fees under Section
> >> 1988. Assuming we win, and attorney's fees are awarded, the amount of
> >> the fees awarded would be paid to the LNC, as a refund of the retainer
> >> fee...."
> >>
> >> The attorney in Maine is prepared to work on this case over the
> >> weekend to get the case filed ASAP.  It is my intention to seek
> >> approval from the Executive Committee today to go forward with this
> >> litigation.
> >>
> >> I apologize for not giving more notice, but I am writing you as soon
> >> as I received an estimate from Mr. Hall.  Please let me know if you
> >> have questions or concerns.
> >>
> >> Yours truly,
> >> Nick
> >>
> >> _______________________________________________
> >> Lnc-business mailing list
> >> Lnc-business at hq.lp.org
> >> http://hq.lp.org/mailman/listinfo/lnc-business_hq.lp.org
> >
> >
> >
> >
> > --
> > ========================================================
> > Kevin Ludlow
> > 512-773-3968
> > http://www.kevinludlow.com
> >
> >
> > _______________________________________________
> > Lnc-business mailing list
> > Lnc-business at hq.lp.org
> > http://hq.lp.org/mailman/listinfo/lnc-business_hq.lp.org
> >
>
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>



-- 
========================================================
Kevin Ludlow
512-773-3968
http://www.kevinludlow.com
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