Fwd: Amicus Brief in LPO Case: Deadline Is September 15
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Whitney Bilyeu
Sep 9, 2021, 1:59:23 PM9/9/21
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Please see below regarding an amicus brief opportunity.
I've passed it on to the EC for approval.
Whitney Bilyeu
LP | Chair
LP.org
LP | Chair
LP.org
---------- Forwarded message ---------
From: Oliver Hall <olive...@competitivedemocracy.org>
Date: Tue, Sep 7, 2021, 12:27 PM
Subject: Amicus Brief in LPO Case: Deadline Is September 15
To: Whitney Bilyeu <whitney...@lp.org>
From: Oliver Hall <olive...@competitivedemocracy.org>
Date: Tue, Sep 7, 2021, 12:27 PM
Subject: Amicus Brief in LPO Case: Deadline Is September 15
To: Whitney Bilyeu <whitney...@lp.org>
Hi Whitney,
I believe I discussed this case with JBH and he indicated interest on behalf of the LNC to file an amicus brief in support, but I can't find the relevant emails.
In any event, I am writing to ask whether the LNC may be interested in joining an amicus brief in a case challenging the constitutionality of Ohio regulations that prohibit minor party members from serving on the Ohio Elections Commission. The case is Libertarian Party of Ohio v. Crites. The District Court upheld the regulations and the 6th Circuit affirmed. The plaintiffs have filed a petition for certiorari to the Supreme Court. Counsel would prepare the amicus brief pro bono.
This is a good case because the Supreme Court recently heard a case raising this issue out of Delaware, Carney v. Adams, but ducked the issue and decided that the plaintiff lacked standing. That should not be a problem in this case.
The amicus brief would be modeled on the one that the LNC filed in Carney v. Adams, which is attached here.
The only cost involved would be for the printing and filing of the brief. I anticipate that may total about $1,500. However, the Constitution and Green parties have indicated interest in joining the brief, so if all three parties do, then the costs would be split three ways.
My apologies for the short notice, but the brief would be due September 15. In substance, however, it should be quite similar to the attached brief that the LNC filed in Carney.
Please let me know if you need further information or if we can proceed.
Thank you,
Oliver
I believe I discussed this case with JBH and he indicated interest on behalf of the LNC to file an amicus brief in support, but I can't find the relevant emails.
In any event, I am writing to ask whether the LNC may be interested in joining an amicus brief in a case challenging the constitutionality of Ohio regulations that prohibit minor party members from serving on the Ohio Elections Commission. The case is Libertarian Party of Ohio v. Crites. The District Court upheld the regulations and the 6th Circuit affirmed. The plaintiffs have filed a petition for certiorari to the Supreme Court. Counsel would prepare the amicus brief pro bono.
This is a good case because the Supreme Court recently heard a case raising this issue out of Delaware, Carney v. Adams, but ducked the issue and decided that the plaintiff lacked standing. That should not be a problem in this case.
The amicus brief would be modeled on the one that the LNC filed in Carney v. Adams, which is attached here.
The only cost involved would be for the printing and filing of the brief. I anticipate that may total about $1,500. However, the Constitution and Green parties have indicated interest in joining the brief, so if all three parties do, then the costs would be split three ways.
My apologies for the short notice, but the brief would be due September 15. In substance, however, it should be quite similar to the attached brief that the LNC filed in Carney.
Please let me know if you need further information or if we can proceed.
Thank you,
Oliver
-- Oliver Hall Legal Counsel Center for Competitive Democracy P.O. Box 21090 Washington, DC 20009 202-248-9294 olive...@competitivedemocracy.org
Erik Raudsep
Sep 9, 2021, 2:17:00 PM9/9/21
to lnc-business
I'm not on the EC so I don't get a vote but I would definitely support this
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