Attorneys Fee Award of $1,132,182 in Second Amendment Case Against District of Columbia Handgun Ban

Posted on by December 29, 2011
5

On December 29, six attorneys who worked on the lawsuit Heller v District of Columbia were awarded a total of $1,132,182 in attorneys fees. Heller v D.C. was not an election law case. This post is nevertheless being made because it illustrates the power of the 1976 federal law that awards attorneys’ fees to attorneys who win constitutional civil rights cases. Election law cases are part of civil rights. Here is the District Court’s order, explaining how the amount was calculated.

Heller v D.C. challenged the District’s total ban on handguns. Heller won the case in the U.S. Supreme Court in 2008. Heller’s three main attorneys received these amounts: Alan Gura $662,424; Clark Neily $294,084; Robert Levy $101,020. Three other attorneys for Heller received smaller amounts.

Heller’s attorneys received compensation for the hours they spent researching the Ninth Amendment, even though they did not win the case on Ninth Amendment grounds. Instead, they won on Second Amendment grounds. Thanks to How Appealing for the link.

Ninth Circuit Invalidates Washington State Limit on Giving Large Contributions to Ballot Measure Campaigns During Last 3 Weeks Before Vote

Posted on by December 29, 2011
3

On December 29, the 9th circuit agreed with a U.S. District Court that Washington state cannot prohibit anyone from giving as much as $5,000 in a ballot measure campaign, during the three weeks before the election. Family PAC v McKenna, 10-35832. The 24-page opinion is here. The state defended the law by saying because Washington state uses all-mail ballots, lots of voters vote before election day. They might vote before they find out that someone gave as much as $5,000 for or against a ballot measure. But the decision says “voters who cast their ballots while campaigning is in full swing, however, make a voluntary choice to forgo relevant information that may come to light in the final weeks of the campaign.”

The same decision upholds two other Washington state laws. One says all campaign contributions for or against a ballot measure must be reported if they are as large as $25. The other laws says if the donation is as much as $100, the disclosure must include the donor’s employer’s name, and the donor’s occupation.

Ohio Presidential Primary Petition Deadline is December 30, 2011, at 4 p.m.

Posted on by December 29, 2011
1

Ohio petitions for presidential candidates and their slates of delegates are due on December 30, 2011, at 4 p.m. Candidates running in Republican and Democratic presidential primaries need 1,000 signatures if they are using the statewide option. Candidates running in any qualified minor party presidential primaries need 500 signatures.

So far, the only Republicans who have filed in Ohio are Mitt Romney and Rick Perry. Chances are, none of the five qualified parties is going to have any candidates on its own presidential primary ballot. Greens had thought of qualifying Jill Stein and Kent Mesplay, but were taken by surprise on December 16 when the legislature changed the date of the presidential primary from June to March. Before the legislature’s surprise action, everyone had expected that the presidential primary petition deadline would be in February.

District of Columbia Petition Deadline for Presidential Primaries is January 4, 2012

Posted on by December 29, 2011
Reply

The petition deadline for candidates running in the District of Columbia presidential primary is January 4, 2012. Republicans need 296 signatures (1% of the number of registered Republicans). Only registered Republicans can sign. The only Republican presidential candidates who have even taken out blank petition forms are Newt Gingrich, Jon Huntsman, Ron Paul, and Mitt Romney. Only Romney has turned in any signatures so far.

In 2008, Fred Thompson took out blank petition forms in D.C., but he did not submit any signatures. The only Republicans who qualified in 2008 in D.C. were John McCain, Mike Huckabee, Ron Paul, Mitt Romney, and Rudy Giuliani. In 2008, the Republican primary required 298 valid signatures.

In the 2012 season, the only Green who has taken out petition forms for the Green presidential primary is Jill Stein. She needs 41 signatures.

California County Elections Officials Ask Parties if they Wish to Have Elections Held in June 2012 for County Central Committee

Posted on by December 29, 2011
1

The various county elections officials in California have sent letters to all the qualified parties, asking them if they wish to hold county central committee elections in June 2012. The counties want a response by January 23, 2012, but if the party doesn’t respond, and if the party hasn’t previously told the Secretary of State that it doesn’t want these elections held, then the counties will hold such elections.

If these elections are going ahead, individuals may file to run for party county central committees starting on February 13, 2012. If fewer candidates file than there are seats to be filled, they are deemed elected and the election is not actually held.