[Lnc-business] Advisement of proposed lawsuit - Maine

Fri Dec 11 12:48:39 EST 2015

FYI,
It is not clear yet how much of the deficiency was due to invalid
registrations as opposed to registrations that were not processed.
It's safe to assume some of column A and some of column B, but that's
what the discovery process is for.

-Nick

On Fri, Dec 11, 2015 at 10:36 AM, Joshua Katz
<planning4liberty at gmail.com> wrote:
> There's a rather outrageous claim being made her:  that a deadline is not
> when you need to turn something in, but rather when the government has to
> finish processing it.  By that logic, they can just refuse to process
> petitions at all.  If Maine gets away with it, why wouldn't other states
> follow suit - particularly when it counts the most?  This means, for
> instance, that a very viable candidate, polling above 50% in every poll,
> could be kept off the ballot simply by "not having time" to process their
> paperwork.  This is an outrage, and an insult not just to democracy, but to
> their very own laws.
>
> It is, in my opinion, in this party's interest, nationwide, to fight this
> absurdity.  I strongly support entering litigation on this and nipping this
> particular line of nonsense in the bud.
>
> Joshua Katz
>
> Joshua A. Katz
> Westbrook CT Planning Commission (L in R seat)
>
> On Fri, Dec 11, 2015 at 12:26 PM, Kevin Ludlow <ludlow at gmail.com> wrote:
>>
>> 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
>>
>>
>> _______________________________________________
>> 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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