DeKalb County Republican Party v. Raffensperger — Supplemental Amicus Brief

ddavies Election Law

Alarmed at the Secretary of State’s argument at the hearing that he has no continuing duty to ensure that the election equipment remains in compliance with the USEAC and VVSG standards, we filed a supplemental amicus brief arguing that the Georgia Constitution and statutes do impose a continuing requirement on the Secretary to ensure that elections are lawfully conducted.

Link to Motion to File and Supplemental Amicus Brief

“The Trace” Commentary on GOALS Summit in Knoxville

ddavies Election Law, Firearms Law, Press Coverage

“The Trace,” a website describing itself as “the only newsroom dedicated to reporting on gun violence,” covered the recent Gun Owners Advocacy and Leadership Summit in Knoxville.  The story stated:

“Many at the summit saw Harris as a threat to the continued vitality of that deterrent, not least because of her perceived determination to confiscate guns. Rallying gun Read More

Lake v. Hobbs — Amicus Brief in support of motion to recall mandate

Jeremiah Morgan Election Law, U. S. Court of Appeals, Ninth Circuit

Today, we filed an amicus brief in the Ninth Circuit in support of Arizona candidates Kari Lake and Mark Finchem’s motion to recall the mandate for fraud on the court. Our amicus brief discussed the key role the judiciary plays in protecting free and fair elections. When an elected official in charge of supervising elections is then a candidate in another election, the courts must take a particularly Read More

Lake v. Fontes — Amicus Brief for Maricopa County GOP

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of the petition for writ of certiorari filed by Kari Lake and Mark Finchem to challenge election procedures used in Arizona in 2022. Our brief was filed for the Maricopa County Republican Committee, 10 other county GOP committees, the Nebraska and New Mexico State Republican Parties, and CLDEF. Our brief discussed how the courts have repeatedly found Read More

Lake v. Fontes — Amicus Brief Supporting Petition for Certiorari

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief in support of a petition for writ of certiorari filed by Kari Lake, former candidate for governor of Arizona and current candidate for U.S. Senate. Lake filed suit against Arizona to require that it follow Arizona law to ensure the integrity of elections when using electronic voting machines. Our amicus brief supported the standing of Lake to bring the challenge, Read More

Trump v. Anderson — Amicus Brief

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief opposing an effort to remove President Trump from the primary ballot in Colorado. The challengers claim that Trump engaged in “insurrection” and thus is ineligible to be President under Section 3 of the Fourteenth Amendment, and the Colorado Supreme Court agreed, in a 4-3 decision. Our amicus brief urged the U.S. Supreme Court to decide only the Read More

Lake v. Hobbs — Amicus Brief in Support of Petition for Review

Jeremiah Morgan Arizona Supreme Court, Constitutional Law, Election Law

Today, David Hardy of Tucson, Arizona, filed an amicus brief, that our firm prepared with him, in support of Kari Lake’s Petition for Review in the Arizona Supreme Court. Our amicus brief argued that the Lake only needed to prove her case by a preponderance of the evidence, not by the clear and convincing standard applied by the courts below. Furthermore, Read More

Moore v. Harper — Merits Amicus Brief

Jeremiah Morgan Constitutional Law, Election Law, U. S. Supreme Court

Today, our firm filed an amicus brief for America’s Future in the U.S. Supreme Court which is considering whether state courts may usurp the constitutional role of state legislatures to set the “Times, Places and Manner” for holding Congressional elections under Article I, Sec. 4, cl. 1. Our brief answered that question in the negative, arguing that the U.S. Constitution assigns Read More

Texas v. Pennsylvania

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief on behalf of Citizens United, Citizens United Foundation, and The Presidential Coalition, LLC in support of Texas’ attempt to restore constitutional order to the selection of Presidential Electors. We explain how Texas and other states were harmed by Pennsylvania, Georgia, Michigan and Wisconsin when they allowed the circumvention of election procedures adopted by their state legislatures.

Link to brief

Texas v. Pennsylvania, Georgia, Michigan, and Wisconsin — Amicus Brief for U.S. Congressmen

admin Constitutional Law, Election Law, U. S. Supreme Court

Today, we filed an amicus brief in the U.S. Supreme Court in support of Texas’ original action against Pennsylvania, Georgia, Michigan, and Wisconsin challenging their certification of Presidential Electors.

This brief was filed for U.S. Congressman Mike Johnson and a group of 126 Members of the U.S. House of Representatives. In this brief, these Members of the federal legislature seek to protect the constitutional powers of state legislatures to determine the manner of appointing Presidential Electors.

Link to original brief filed by 106 Members of Congress

Link to corrected filed by 126 Members of Congress

Washington Times Op Ed — “State legislatures have absolute authority to select electors”

admin Constitutional Law, Election Law, Publications

The Washington Times published an op ed written by Bill Olson and Pat McSweeney demonstrating the plenary authority of state legislatures to appoint electors.  The piece explains that state certifications of votes are no impediment to a state legislatures power.  And, legislatures may act without the call of the Governor.  It is entitled “State legislatures have absolute authority to select electors.”

Republican Party of Pennsylvania v. Boockvar

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief in support of a petition for certiorari filed by the Republican Party of Pennsylvania seeking to challenge the decision of the Pennsylvania Supreme Court changing Pennsylvania election law at the last minute before the November elections.  We explained that the Pennsylvania Supreme Court usurped the authority of the Pennsylvania state legislature to make these decisions with respect to federal elections, subject only to Congressional action.  We urge the Supreme Court to take the case to invalidate any ballots received after election day.

Link to brief

Paper:  The Constitutional Duty of State Legislatures in a Contested Presidential Election

admin Constitutional Law, Election Law, Publications

Today, Bill Olson and Virginia attorney Pat McSweeney released a paper they co-authored entitled “The Constitutional Duty of State Legislatures in a Contested Presidential Election.”  The paper discusses in depth the provisions of the U.S. Constitution which vest total responsibility and power on state legislatures to select electors.  This power includes the duty to ensure the integrity of a Presidential election, particularly when there is demonstrated fraud, corruption and foreign intrigue.  The Western Journal  published that article here:  Link to article

GOA Letter to Director of National Intelligence & Director of FBI re French Involvement in U.S. Elections

admin Administrative Law, Election Law

Today we sent a letter, transmitting copies of our October 6, 2020 complaint and exhibits that had been filed with the Federal Election Commission, to DNI Director John Ratcliffe and FBI Director Christopher Wray. This submission was made pursuant to a request of Director Wray made at a Press Conference seeking information about foreign intervention in federal elections on October 21, 2020.

Read More

GOA & John Crump — FEC Complaint About Facebook

admin Administrative Law, Election Law

Today we filed a complaint with the Federal Election Commission detailing violations of the Federal Election Campaign Act committed by Facebook, AFP Fact Check, and possibly Kamala Harris for Vice President. The complaint is based on multiple acts of suppression of information about the anti-gun views of Vice Presidential Candidate Kamala Harris by Facebook, pursuant to decisions made by a French Read More

National Association for Gun Rights v. Mangan

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief in the U.S. Supreme Court supporting a petition for certiorari designed to challenge a 2015 Montana State election law.  The law regulated “electioneering communications” — borrowing a term which Congress had employed in the Bipartisan Campaign Reform Act of 2002 to require reporting of a narrow category of broadcast advertisements Read More

CREW v. FEC

admin Constitutional Law, Election Law, Nonprofit Law, Statutory Construction, U. S. Court of Appeals, District of Columbia Circuit

Today our firm filed an amicus brief opposing a strained reading of the Federal Election Campaign Act disclosure requirement which CREW has urged a federal court to be forced on the FEC.  FEC rules have long required the disclosure by non-political committees of donors giving to support specific Independent Expenditures (IEs).  Reversing that established rule, the U.S. District Court for the District Read More

Comments filed supporting petition for rulemaking to FEC

admin Administrative Law, Election Law

Today we filed comments with the Federal Election Commission in response to a petition for rulemaking filed by the Institute for Free Speech on the FEC’s definition of “contribution.” Our comments supported the IFS petition and also urged the FEC to amend the definition of “expenditure” in the same rulemaking.
The comments were filed on behalf of the Free Speech Read More

American Thinker: Why Did Michael Cohen Plead Guilty to Campaign Finance Crimes That Aren’t Campaign Finance Crimes?

admin Election Law, Publications

Jeremiah Morgan wrote this interesting take on why Michael Cohen would plead guilty to a non-crime. First, he explains why there is no campaign finance law violation here, and then discusses how this case provides a precedent to support the ever-increasing criminalization of politics in America.

Link to article

Independence Institute v. Federal Election Commission

admin Constitutional Law, Election Law, U. S. Supreme Court

Today we filed an amicus brief urging the U.S. Supreme Court to review an appeal filed by the Independent Institute challenging the disclosure requirements imposed by the Bipartisan Campaign Reform Act (“BCRA”) as applied to genuine issue ads.  BCRA compels the disclosure of donors to such ads over $1,000, with substantial civil and criminal penalties for failure to report this information Read More

FEC Conciliation Agreement Modified

admin Election Law

We were pleased to have persuaded the FEC to act unanimously to modify a Conciliation Agreement entered into in 2005.  The reason was that the state of election law had changed, based on recent court rulings, which then were followed by changes in Commission regulations.

This may be only the second or third time such a modification has been approved by the FEC.  We believe that the last time it Read More

Independence Institute v. Federal Election Commission

admin Election Law, U. S. District Court, District of Columbia

Today, our firm filed an amicus brief in support of The Independence Institute, in its challenge to certain federal election law and Federal Election Commission regulations governing electioneering communications.  Under these regulations, Section 501(c)(3) organizations must report on their broadcast issue ads which mention the name of incumbent Congressmen.  The required reports include certain Read More