Original copy of motion with links intact can be found here:
https://docs.google.com/document/d/1x0vNiCOtEHPqI_XweMlQspxYrnO5i7Y2EXjFgJSHK9E/edit?usp=sharingMotion to Authorize Amicus Brief Filing by Attorney in the Closed Primary Lawsuit by Professor Michael Polelle before the Federal 11th Circuit Court of Appeals
Mover: Hector Roos
I move to authorize the submission of as a motion for leave to file a brief of amicus curiae (“friend of the court”) in support of the lawsuit filed by Professor Michael Polelle (Polelle vs. Bryd and Turner, Case No. 22-14031-JJ). The lawsuit is asking the court to prevent the state of Florida from enforcing Florida law related to closed primaries that prevent the participation of independent voters like Polelle, a No Party Affiliation voter. This amicus brief is to be filed by an attorney at no cost to the LPF with the approval of the LPF Chair.
If the lawsuit is successful presumably that would leave LPF free to determine whether or not to allow unaffiliated voters to participate in its primary. A draft amicus curiae brief has been prepared with assistance of retired attorney Laurence Gillis, law student Robert Vinson and Hector Roos. The intention under this motion is to have this draft amicus filed after any necessary edits for clarity and grammar.
Rational:
An amicus curiae brief is a straightforward legal procedure attempting to help the court better understand the arguments that are being brought forward and expand on the related topics that have not been discussed in the court pleadings. The filing of an amicus does not cause the LPF to join the lawsuit as a party.
There are two main reasons for the LPF to file an amicus in this appeal:
1) We are affected by the outcome of this case and have a direct interest in ensuring that a good outcome occurs (especially since these lawsuits are rare opportunities). Oliver Hall, the LNC special counsel reviewed the lawsuit and the draft amicus concluding: “As to whether the plaintiffs' goals are compatible with LPF's, it appears that they may be -- his complaint only asks that the defendants be enjoined from enforcing the Florida statute. Presumably that would leave LPF free to determine whether or not to allow unaffiliated voters to participate in its primary.”
2) The Closed Primary system in Florida (explained at length in the draft amicus) is a direct hindrance to the ability of the LPF to recruit new members. After years of not being able to recruit candidates for office in large numbers, the LPF is left to wonder: What is the point of having ballot access if we are prohibited from using it effectively (since voters are only paying attention to candidates in closed primaries)? William “Billy” Wohlsifer, attorney and past LPF candidate for attorney general wrote in response to my request for him to review the case (he did not have a copy of the draft amicus at that time): “I am glad to know that the closed primaries are being challenged. It is a salient reason why people do not change their voter registration to LPF.” Even if this lawsuit is successful, the court will not end closed primaries but cause legal review as to whether new legislation is needed to repeal and reform the law including allowing the LPF to be free to determine who votes in our primaries.
The attorney expected to file the amicus brief is Tallahassee-based Attorney and Libertarian Zachary Ward with the aid of student lawyer Robert Vinson (and LPF board member) who is allowed by the federal appellate rules to participate under Mr. Ward’s supervision. Mr. Ward and Mr. Vinson have agreed to represent us in this matter at no cost.
LNC Special Counsel Oliver Hall is not permitted to practice law in the 11th Circuit Court of Appeals and could not help us further.
Attached:
Copy of draft amicus curiae brief:
https://docs.google.com/document/d/1f38NbpPRywDIuwnDvgsQWPDWNV3i86NK/edit?usp=sharing&ouid=100421007467880575709&rtpof=true&sd=true Email exchange with response to lawsuit and draft amicus from LNC Special Counsel Oliver Hall:
https://drive.google.com/file/d/1XO64KgX8cBCmPjzAdh_qndE1oyj6tXWc/view?usp=sharingEmail exchange with comments from Attorney William “Billy” Wohlsifer:
https://drive.google.com/file/d/14UE9nzH4c233Jr38erpqzLdbf-DNbaAT/view?usp=sharing
