[Lnc-business] Husted v. APRI: Amicus Brief Final Draft

[Caryn Ann Harlos]

I will read but am immediately alarmed by that distinction.  Many
anarchists do consider themselves principled non-voters - yet highly
political.  The immediate past Chair of the Libertarian
Party of Colorado - Jay R North - is an example.  He is not alone.  I will
read to see if it is accurate but let's not misrepresent a group that we
are in a position to know about.  (I'm an anarchist - though I vote -
myself so kinda know the community and the nuances - it's not a blanket
thing)

-Caryn Ann


On Tue, Sep 26, 2017 at 3:18 PM Oliver Hall <oliverbhall at gmail.com> wrote:

> Greetings,
>
> Please find attached a PDF of the amicus brief as filed on behalf of the
> Libertarian National Committee in *Husted v. A. Philip Randolph Institute*,
> No. 16-980.
>
> After the executive committee meeting addressing this matter, I reviewed
> the draft brief and sent a lengthy list of comments and corrections,
> including those I received from committee members, to our counsel from
> Wilmer Hale. I also discussed these concerns with counsel by telephone. I
> believe the changes the firm made to address committee members' concerns
> are acceptable, although in some cases I would have preferred different
> wording. I have included detailed notes on several of those changes below,
> to provide a sense of how the concerns raised were addressed in the final
> draft.
>
> I wanted to address one point in particular: the Wilmer team thought it
> important to indicate that principled non-voting is not the same as an
> anarchist's complete abstention from the process. Therefore, although I had
> suggested replacing any mention of not voting in "a single election cycle"
> with more general language referencing "abstaining from the electoral
> process," the Wilmer team tried to chart a middle path between those two
> options. I agreed that was an appropriate strategy, since we are only
> arguing for a constitutional right not to vote based upon the choices, or
> lack thereof, in particular election cycles, and not necessarily the
> constitutional right not to vote under any and all circumstances.
>
> I know that committee members were not pleased with how little time the
> committee had to review and approve this brief. That is understandable. It
> should not have happened. In the future, I will make sure it doesn't.
>
> Thank you and I hope this final draft meets your approval.
>
> Sincerely,
>
> --
> Oliver B. Hall
> Special Counsel
> Libertarian National Committee
> 617-953-0161
>
>
> *Comments on Changes to Final Draft of Amicus Brief*
>
> Page 3, second sentence: "But the Ohio policy at issue—a “use-it-or-lose it”
> rule whereby a registered voter is deemed “inactive,” commencing a
> process that can result in the voter being purged from the voter rolls,
> because he or she did not vote during a single election cycle—also raises
> serious constitutional concerns."
>
>    - In the draft form, this sentence stated that a voter could be purged
>    "merely for not voting in a single election cycle"; the addition of
>    "commencing a process that can result..." makes the sentence accurate, even
>    though it still contains the "single election cycle" language
>
> Page 3, last paragraph: reference to "a particular election cycle" was
> changed to plural, "particular election cycles"
>
> Page 3, last full sentence: "Commencing a process to remove voters from
> the rolls because they did not vote in a single election cycle undermines voters’
> ability to take this type of political action, penalizes them for their
> acts of political expression, and is akin to forced political activity."
>
>    - In the draft form, this sentence simply began, "Removing voters from
>    the rolls because..."; again, as revised, this sentence is accurate,
>    despite containing the "single election cycle" language
>
> Page 4, first paragraph: the reference to "particular election cycle" has
> been changed to the plural, "particular election cycles"
>
> Page 4, first paragraph: contains a complete and accurate statement of how
> the statutory scheme works as applied, including the steps of mailing a
> notice, and then failing to vote in two subsequent election cycles
>
> Page 13, first full paragraph: the sentence beginning, "Coercing them to
> vote," now includes the language "if they choose to abstain from the
> electoral process"
>
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>
-- 
*In Liberty,*
*Caryn Ann Harlos*
Region 1 Representative, Libertarian National Committee (Alaska, Arizona,
Colorado, Hawaii, Kansas, Montana, Utah, Wyoming, Washington) - Caryn.Ann.
Harlos at LP.org <Caryn.Ann.Harlos at LP.org>
Communications Director, Libertarian Party of Colorado
<http://www.lpcolorado.org>
Chair, LP Historical Preservation Committee

A haiku to the Statement of Principles:
*We defend your rights*
*And oppose the use of force*
*Taxation is theft*
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