Volume 4 Issue 40 October 6, 2008

Fighting for Voting Rights and a Democratic United States

WELCOME TO DEMOCRATIC LAW BRIEFS, the official newsletter of the New York Democratic Lawyers Council. If you would like to be on our mailing list, e-mail your name, title, company, and address to newsletter@nydlc.org . We'll happily add you to the list. Check out our website at http://www.nydlc.org/

REMEMBER, if you have a friend or colleague who would benefit from reading Legal Briefs please send us their e-mail address and we will be happy to include them in our weekly distribution.

Howard Leib

UPCOMING MEETINGS

Watch this space

NYDLC on Facebook! - Do you use the social networking site Facebook? Join us on Facebook! As social networking sites become ever more ubiquitous, more and more progressive organizations are moving into that online space - the DNC, Young Dems, and now the NYDLC. We've recently launched a presence on Facebook and encourage all members to join. http://www.facebook.com/gr oup.php?gid=2318032455

THIS WEEK’S NEWS IN REVIEW

Events

CAMP OBAMA - From Dave Pollak, the new State Director for the Obama campaign in New York:

I want to tell you about an exciting program we're running here called Camp Obama.

During this two-day session, people like you will be taking their support for this movement to the next level by learning the organizing principles that this campaign and our movement for change are built on.

Camp Obama attendees will receive real world organizing experience that will have a direct impact on this election. Graduates of Camp Obama will go on to become Deputy Field Organizers who will lead this campaign to victory in crucial battleground states around the country.

Find out more about this exciting opportunity to take a leadership role in taking back America.
By participating in Camp Obama, you'll get the kind of experience that Barack got as a community organizer on the South Side of Chicago, where he learned that real change happens from the bottom up.

That experience transformed Barack's life and made him who he is today.

Camp Obama is your chance to put those very same principles into action -- to win this election and to strengthen democracy in communities around the country.

After completing the program, you'll be required to work as a Deputy Field Organizer in a battleground state where you'll be organizing supporters and helping lead our grassroots Get Out The Vote operation.

Apply for a spot at a Camp Obama near you and become a leader in our movement for change:

http://ny.barackobama.com/CampObamaNY

This campaign relies on the passion and enthusiasm of ordinary supporters, but it needs leaders who can organize these supporters and turn their enthusiasm into votes on Election Day.

Camp Obama is your chance to step up and become a leader in this movement.

WASHINGTON DC - PROTECTING THE VOTE: A NATIONAL CONVERSATION ON VOTING RIGHTS IN THE 2008 ELECTION - The American Constitution Society co-hosts this panel on Tuesday, October 7, 2008, at American University Washington College of Law, that will be internet simulcast, to look at the legal issues that will likely affect voting rights this year, including voter identification laws, and laws aimed at ending deceptive tactics and voter intimidation. Panelist will discuss these and other potential problems that threaten to disenfranchise the most vulnerable voters and what we can do to make sure every vote counts.
The panel will feature:
Moderator, Dahlia Lithwick, Senior Editor, Slate.com
Kristen Clarke, Assistant Counsel in the Political Participation Group, NAACP Legal Defense Fund
Nina Perales, Southwest Regional Counsel, Mexican American Legal Defense and Educational Fund (MALDEF)
Wendy Weiser, Deputy Director for Democracy, Brennan Center for Justice
Closing Remarks, Jonah Goldman, Director, National Campaign for Fair Elections in the Lawyers' Committee for Civil Rights Under Law's Voting Rights Project
A light lunch will be served beginning at 11:45 a.m., 12:00pm-1:30pm, Tuesday, October 7, 2008, American University Washington College of Law, Room 603, 4801 Massachusetts Avenue NW, Washington, DC 20016. http://www.acslaw.org/ProtecttheVote

WASHINGTON DC - 2008 ELECTION LAW CONFERENCE - Presented by the Federalist Society. Confirmed Panelists to Date:
Mr. Joseph M. Birkenstock, Caplin Drysdale
Mr. Adam Bonin, Cozen O'Connor
Mr. James Bopp, Bopp, Coleson & Bostrom
Mr. John Fund, The Wall Street Journal
Mr. Douglas Kellner, New York State Board of Elections
Hon. Bradley A. Smith, Capital University Law School and former member of the Federal Election Commission
Hon. Hans A. von Spakovsky, former member of the Federal Election Commission and Counsel to the Assistant Attorney General for Civil Rights, U.S. Department of Justice
Mr. Scott E. Thomas, Dickstein Shapiro
Date: October 7, 2008, 9:00 a.m. - 2:00 p.m., Location: Wiley Rein, 1776 K Street N.W., Washington, D.C.
Lunch will be served., There is no charge to attend this event. Up to 4.25 CLE credits available. CLE credits $20. http://www.fed-soc.org/events/eventid.762/event_detail.asp

WASHINGTON DC - LOOKING BEYOND ELECTION DAY: THE FUTURE OF ELECTION REFORM - Thursday, October 9, 2008, 2-5 p.m., Mary Graydon Center Room 5, American University Main Campus, 4400 Massachusetts Ave NW, Washington, DC 20016
2pm: Opening Remarks - Dr. Robert Pastor
2-3:15pm: Panel 1: Problems that Remain: Election Reform Delayed
3:30-5pm: Panel 2: Return to Reform: Priorities for 2009 and Beyond
Moderated by
Dr. Robert Pastor, Co-Director of CDEM, Professor of International Relations at AU’s School for International Service
Panelists will include
Nancy Tate, Executive Director of the League of Women Voters
Bob Edgar, President and CEO of Common Cause
Jamin Raskin, Maryland State Senator and Professor at AU’s Washington College of Law
Leslie Reynolds, Executive Director of the National Association of Secretaries of State
Representative Rush Holt (D-NJ), Invited
For more igoonformation contact Alison Prevost (202) 885-1523 or prevost@american.edu

News

NYDLC
NEW YORK - PROTECTING YOUR VOTE - If you are going to be doing election monitoring, for NYDLC or any other organization, make sure your vote is protected. Apply for an absentee ballot. You can get an application on the internet. The application must be recieved by your county board of elections no earlier than 30 days and no later than seven days before the election. http://www.elections.state.ny.us/NYSBOE/download/voting/absentee.pdf

ELECTION ASSISTANCE COMMISSION
NATIONAL - The United States Senate has confirmed the nominations of Rosemary E. Rodriguez, Donetta L. Davidson, Gracia M. Hillman and Gineen Bresso Beach as Commissioners of the U.S. Election Assistance Commission. Commissioners Rodriguez, Hillman and Davidson were reappointed to a second term on the Commission. Commissioner Beach was appointed to a first term. http ://www.eac.gov/News/eac-commissioners-confirmed-by-u-s-senate/base_view

ELECTIONS
NEW YORK - ESSENTAIL RACE - The Democratic Legislative Campaign Committee has identified four races they believe are essential for building lasting Democratic majorities. One of those races is right here in NY. Brian Foley’s race for the NYS Senate, in District 3 is seen as critical. Democrats in New York only need to win two more seats to gain control of the state senate for the first time in almost 70 years. Earlier this year, Democrats closed the gap in the chamber by winning special elections in two districts that we haven't controlled in more than century, and polling indicates that more than half of the voters in New York support a Democratic takeover of the Senate. Brian Foley represents an important opportunity to do just that. http://dlcc.org/action/contribute

VOTER LISTS
NATIONAL - BINGE PURGING - The Brennan Center has released a new report, “Voter Purges.” The report found election officials across the country are routinely striking millions of voters from the rolls through a process that is shrouded in secrecy, prone to error, and vulnerable to manipulation. You can find the report here: www.brennancenter.org

SAME DAY REGISTRATION
OHIO - BIG VICTORIES - Four different courts last week handed the GOP defeats on the issue of registering and voting the same day. As we have previously reported, the GOP had challenged a long standing Ohio law that provided a brief window where voters could register and vote the same day. Two US District Courts, a State court and Federal Circuit Court of Appeals all, essentially, told the GOP that the voter suppression tactic would not pass muster. http://www.dispatchpolitics.com/live/content/local_news/stories/2008/09/30/copy/supco_ruling.ART_ART_09-30-08_B1_USBFH33.html?adsec=politics&sid=101 http://moritzlaw.osu.edu/electionlaw/news/articles.php?ID=2197

VIDEO OF THE WEEK
NATIONAL - HOMER SIMPSON TRIES TO VOTE - Watch it: Click here: YouTube - Homer Simpson tries to vote for Obama

FUNDRAISERS
NEW YORK - OBAMA FUNDRAISER - You’re Invited to AN EVENING OF MUSIC for BARACK OBAMA

Folk -- Fred Gillen, Jr.
Jazz -- Shinzo Ono
Eclectic Fiddle -- Rachel Handman and Michael Kobetitsch
Classical -- Oliver Hill and Friends

FRIDAY EVENING, OCTOBER 17TH AT 8PM, 197 Broadway Avenue, Pleasantville
Historic 1919 Bowling Alley at the home of Claire Schiffman and Andrew Butterfield
Minimum Donation of $50/person, additional donations accepted
Limited Seating: please purchase your tickets by sending a check made payable to “Obama For America” postmarked by 10/11/08. Mail to Claire Schiffman/197 Broadway /Pleasantville, NY 10570. Any questions please call 747-7701

NEW YORK - SUPERSTAR CONCERT FOR OBAMA - October 16 Concert Featuring Barack Obama, Bruce Springsteen, And Billy Joel,

Senator Barack Obama's last event in the New York area before the election will be an exciting Concert with Bruce Springsteen and Billy Joel at 8:30 pm on Thursday, October 16.

The Concert will be at the Hammerstein Ballroom, 311 West 34th Street, New York City. Premiere Seats are $2,500 per person, and Lounge Tickets are $10,000 per person (the $500 tickets are already sold out).

To reserve your place for the October 16 Concert, you can RSVP on line at https://donate.barackobama.com/page/contribute/Oct16Concert. If you RSVP on line, please indicate in the space in the lower right hand corner of the contribution form that Doug Dunham of Lawyers For Obama is the person who encouraged you to attend the event.

In addition, please tell colleagues at your firm and other firms and other persons you think might be interested in attending the October 16 Concert. Please also email Doug at Douglas.Dunham@Skadden.com to let him know if you and/or your guests will be attending the October 16 Concert.

Even if you cannot attend the Concert, we hope you will consider using the attached form to make a contribution. Now is when the money is needed. The maximum amount that can be contributed is $30,800 per person, less prior donations you have made to Barack Obama or the Democratic National Committee.

NEW YORK - OBAMA ANTI-TRUST EVENT - On October 6, 2008 three members of Barack Obama's antitrust policy committee will discuss antitrust policies in an Obama Administration. The three Obama committee members speaking at the event will be: Einer Elhauge of Harvard University who is the chair of the Obama Antitrust Subcommittee of the Law and Judiciary Committee, John Harkrider of Axinn Veltrop & Harkrider, and Nick Economides of Stern School of Business. Tickets for the event will be $500 and $250 for members of the ABA's Young Lawyers Division and Economists and $150 for Government Employees. Checks should be made to Obama Victory Fund. If you wish to attend, please RSVP to Debbie Goldberg at dxg@avhlaw.comdxg@avhlaw.com ASAP . Please indicate that you are the guest of Christine White. A cocktail reception will start at 6:00 pm at the offices of Axinn, Veltrop & Harkrider at 114 West 47th Street, 22nd Floor with the discussion to follow.

NEW YORK - MICHAEL MCMAHON -Please Join New York City Speaker Christine C. Quinn, at the home of Ricki Lieberman, for a reception honoring Michael McMahon, New York City Councilman, Candidate for Congress, District NY-13 (Open Seat). Monday, October 6, 2008, 6:30 - 8:00PM, 610 West End Avenue (Enter on 90th Street), New York, New York Suggested Contribution - $2,300 Sponsor · $1000 Supporter · $500 Individual · $250 Friend · $100 RRL list. Please R.S.V.P. to Deb Solomon at 718.698.0649 or via email deb.solomon @gmail.com. Light supper served

NEW YORK - ERIC MASSA -October 6 Fundraiser For Congressional Candidate Eric Massa, Be a part of a WIN for Upstate New York. In Support of US Navy Commander (ret.) Eric Massa's, 2008 campaign for Congress in New York's 29th District. Monday, October 6, 2008 5:30 - 7:30 PM, Jacques Rosas Studio Loft, 442 West 49th Street Chair: Raise-Contribute $5,000 · Vice Chair: Raise-Contribute $2,500 Patron $1,000 · Sponsor $500 · Friend $250 Purchase Tickets Online: http:// www.actblue.com/page/massa2008 RSVP to Jacqui (646 -213-1291) or Jsam u els@BlueTigerGroup.Com Fax (607- 936-3888).

NEW YORK - CHRISTINE JENNINGS - Join Senator Hillary Rodham Clinton at a reception to benefit Christine Jennings and her Campaign for Congress in Florida’s 13th District, Endorsed by EMILY’s List and a DCCC Red-to-Blue Candidate. Wednesday, October 22nd 2008, 4:00 - 6:00 p.m. at the home of Evelyn Kenvin and Arthur Rosenbloom, 425 East 58th Street, Apt. 41 E, New York, NY 10022 Co-Host $1000 Individual $250, Please RSVP to JP@christinejennings2008.com or (603) 661-2085, If you cannot attend but would like to support Christine Jennings please visit, www.ChristineJenningsforCongress.com and make your contribution today!

NEW YORK DEMOCRATIC LAWYERS COUNCIL

The New York Democratic Lawyers Council (NYDLC) is a group of Democratic lawyers and voting rights activists, affiliated with the National Lawyers Council of the Democratic National Committee, volunteering their legal skills to strengthen the democratic process. We work to ensure that every eligible citizen is allowed to vote and that every vote cast in every election is counted. The NYDLC was formed out of a concern that voting rights are increasingly under attack in our country and an understanding that now is the time to put the skills of Democratic attorneys to work to ensure that every citizen's right to vote will be upheld in future elections. Our activities include advocating for better laws and regulations and initiating litigation when necessary to guarantee the fairness of and the widest participation in the U.S. electoral process.

The Democratic Lawyers Council was founded by attorneys who have served on the front line of election law for the Democratic Party in numerous elections, including most recently, the 2000 and 2004 presidential elections. The lesson learned from the recount debacle was that post-election day litigation will hardly ever fix any election injustice. Given that, many of the recount lawyers, particularly those based in Florida, engineered a comprehensive voter protection program to confront and deal with voter and election issues before Election Day. One aspect of this effort was the recruitment of 3200 lawyers who, after receiving specialized election law and procedures training, worked inside the polls in key precincts in Florida on Election Day to assure that every citizen who showed up to vote, was able to do so.

Our mission statement is simple:
We are a coalition of lawyers and others dedicated to fostering universal participation and trust in the electoral process by ensuring that:

All eligible persons can register to vote easily,
All registered voters are able to vote simply, fairly, and without intimidation, and
All votes are counted and all voting systems are open and reliable.

We encourage you to send us an email if you would like more information or are interested in becoming a part of our organization.

You can learn more about us at our website www.nydlc.org . Please e-mail us at info@nydlc.org or contact the steering committee directly at steeringc ommittee@nydlc.org.E-mail your answer to DemEsqNYC@ aol.com by the end of business on Thursday. Put Brain Teaser in the subject line. We will print the names of those people who get the answer right in our next issue.

THIS WEEK'S QUESTION

Which one letter is not found in the names of any of the 50 US States?

LAST WEEK'S QUESTION

With all the troubles in the economy last week, we ask this week, who is chair of the House Banking Committee?

AND THE ANSWER IS:

Lawyers!!! Apparently, there is no House banking Committee. The Senate has a Banking Committee, but in the House it's the Financial Services Committee, and the Chair is Barney Frank.

We had correct answers from Jean Andrews, Joe Bookman. Rokki Knee Carr, Carol Feinman, Alan Goldston, Ed Hartzog, Chip Hoagland, Steve Kamp, Stan Kurzban, Pat McKenna, Jeanne Murphy, Myra Saul, Helene Simon, and Nancy Swanson.

Congrats to you all.

New York Democratic Lawyers Council

The New York Democratic Lawyers Council (NYDLC) is a group of Democratic lawyers and voting rights activists, affiliated with the National Lawyers Council of the Democratic National Committee, volunteering their legal skills to strengthen the democratic process. We work to ensure that every eligible citizen is allowed to vote and that every vote cast in every election is counted. The NYDLC was formed out of a concern that voting rights are increasingly under attack in our country and an understanding that now is the time to put the skills of Democratic attorneys to work to ensure that every citizen's right to vote will be upheld in future elections. Our activities include advocating for better laws and regulations and initiating litigation when necessary to guarantee the fairness of and the widest participation in the U.S. electoral process.

The Democratic Lawyers Council was founded by attorneys who have served on the front line of election law for the Democratic Party in numerous elections, including most recently, the 2000 and 2004 presidential elections. The lesson learned from the recount debacle was that post-election day litigation will hardly ever fix any election injustice. Given that, many of the recount lawyers, particularly those based in Florida, engineered a comprehensive voter protection program to confront and deal with voter and election issues before Election Day. One aspect of this effort was the recruitment of 3200 lawyers who, after receiving specialized election law and procedures training, worked inside the polls in key precincts in Florida on Election Day to assure that every citizen who showed up to vote, was able to do so.

Our mission statement is simple:
We are a coalition of lawyers and others dedicated to fostering universal participation and trust in the electoral process by ensuring that:

All eligible persons can register to vote easily,
All registered voters are able to vote simply, fairly, and without intimidation, and
All votes are counted and all voting systems are open and reliable.
We encourage you to send us an email if you would like more information or are interested in becoming a part of our organization.

You can learn more about us at our website www.nydlc.org . Please e-mail us at info@nydlc.org or contact the steering committee directly at steeringc ommittee@nydlc.org.

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