[Lnc-business] Motion to assist funding LPKY legal actions - Ballot Access - seeking cosponsors

[Joshua Katz]

Pursuing our interests through litigation is something we've emphasized for
the last 2 terms.  I am surprised there have been no bites on this, but
here goes.  I'm going to put this out as two separate motions, and ask for
co-sponsors on each.  I am much more confident on the $500 than the $2000,
and I feel some members may want to consider them separately.  I'm also
going to leave out how the money is to be delivered; staff can work that
out, whether it goes through the party, directly pays the attorney, etc.

*1.  The LNC will allocate from Legal Offense $500 to cover costs in the
Kentucky Ballot Access case.*

*2.  The LNC will allocate from Legal Offense $2000 to fund a petition for
certiorari  to the Supreme Court in the Kentucky Ballot Access case.*



Joshua A. Katz
Westbrook CT Planning Commission (L in R seat)

On Thu, Sep 22, 2016 at 9:10 AM, Ken Moellman <ken.moellman at lpky.org> wrote:

>
> I am requesting co-sponsors for the following motion:
>
> *The LNC will allocate and send to LPKY's attorney, Chris Wiest, $2500 to
> cover costs in the Kentucky Ballot Access case.*
>
>
> *Ballot Access*
>
> This year, Kentucky sued for ballot access along with the state affiliate
> of the Constitution Party.  We lost at the District and Court of Appeals
> level.  A motion has been filed to re-hear the case en banc, since the
> ruling from the CoA conflicts with previous rulings from the CoA within the
> same circuit.
>
> The case is strong, and the motion to re-hear is strongly compelling. You
> can read about it over at Ballot Access News. Kentucky is one of two states
> (Washington State is the other, with their law being new as of 5 years ago)
> with no mechanism to be recognized as a party by any means other than a
> presidential support test (no party petition, no other office; one test
> every 4 years).
>
> LPKY covered the initial $500 for the filing in Federal District court.
> The cost to file the appeal to the Court of Appeals was $500.  This case is
> currently in the hole that second $500.
>
> LPKY's attorney believes it would be wise to appeal to SCOTUS as well.
> The fee to file the petition for cert is $2000. If SCOTUS agrees to hear
> the case, there would be further costs.
>
> Therefore the request is $2500;  $500 to get the case out of the hole, and
> $2000 to file the petition for cert for SCOTUS.
>
> --
>
> Ken C. Moellman, Jr.
> LNC Region 3 Alternate Representative
> LPKY Judicial Committee
>
>
>
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>
>
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