HoltzmanVogelJosefiakTorchinsky pllc Att07Tie}'s at Law

Transcription

1 HoltzmanVogelJosefiakTorchinsky pllc Att07Tie}'s at Law TO: FROM: The Board of Trustees of the Village of Port Chester, New York Jason Torchinsky Holtzman Vogel Josefiak Torchinsky PLLC DATE: February 23, 2018 RE: Request for Proposal No : Special Election Counsel Thank you for the opportunity to submit a proposal regarding how we can support The Village of Port Chester (the "Village") as a Special Election Counsel. We can assist the Village by providing the legal counsel and support necessary to implement a voting system in compliance with the requirements of federal and state law. As fully described below, Holtzman Vogel Josefiak Torchinsky PLLC ("HVJT"), together with DerOhannesian & DerOhannesian (collectively, the "Team") has considerable experience successfully rewriting and litigating election laws for entities like the Village in compliance with the constitutional, state, and local considerations for free and fair elections. HVJT's onlv area of practice is in the field of political and election law, while DerOhannesian & DerOhannesian has worked extensively in New York election law matters. As a result of this combination of national and local experience, our team of subject matter practitioners can apply lessons learned from around the country in helping to counsel the Village as it rethinks its elections. This can ultimately result in mitigating the costs and risks associated with such a major undertaking, by helping to limit future litigation costs. HVJT Overview Holtzman Vogel Josefiak Torchinsky PLLC provides counseling and legal services to state legislatures, government officials, executive branch agencies, political candidates, corporations, individuals, non-profit organizations, trade associations, PACs, and other political committees. Our clients routinely engage in activities to rewrite the laws of their jurisdictions, or to influence public policy and the decisions of federal, state, and local governments. Our attorneys offer highly specialized guidance on federal voting laws, including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act, the Military and Overseas Voting Empowerment Act, the constitutional underpinnings permeating the implementation of these laws, and state laws analogous to these federal laws including voter ID laws and early voting. In particular, we carefully monitor the proliferation of new election law developments across the country, and in many cases represent our clients as they seek to make new law or maintain the status quo. Chambers and Partners has recognized HVJT as one of the leading law firms in the country in the field of political law, as have Politico, Washingtonian and Campaigns and Elections, to name a few.

2 The practical implementation of legal, free, and fair elections has become increasingly complex as more jurisdictions find themselves under aggressive scrutiny, thanks to increased government watchdog efforts. State and local governments must be careful to ensure that any new plan - whether a representational plan or a legislative map - complies with a reasonable interpretation of the patchwork of election laws, and is defensible against court challenges should the situation require. In those instances, an experienced election counsel becomes tremendously important so as to not derail an otherwise effective scheme of governance, and to avoid large legal bills in defense of that plan. Having served in national political party committees, presidential campaigns, Congress and the Executive Branch, including the Federal Election Commission, our attorneys are uniquely qualified to assist clients with designing activities that will withstand even the most intense review. Lead and Local Counsel Proposer Overview The individual making this proposal is Jason Torchinsky, Partner, 45 North Hill Drive, Suite 100, Warrenton, Virginia, voice: (540) , jtorchinskvra";h\ it. 1 a\v. Mr. Torchinsky is a graduate of the College of William & Mary and the College of William & Mary School of Law. He has worked in the field of state election law and the federal Voting Rights Act for nearly twenty years. Additional infonnation is contained in his resume, attached to this proposal. Mr. Torchinsky will work in connection with Mr. Paul DerOhannesian II, a member of the Bar of the State of New York. Mr. DerOhannesian has provided clients with guidance on New York and federal election law for nearly forty years. As requested, either Mr. Torchinsky or Mr. DerOhannesian will be available to attend meetings of the Board of Trustees and to consult, either in person or electronically, with members of the Board of Trustees. HVJT has a team of 13 attorneys in addition to Mr. Torchinsky, of varying degrees of seniority, who are available to assist and provide additional counsel as needed. HVJT's attorneys are not only skilled at counseling clients in political and election law, but they also pride themselves in providing excellent client service and meeting all deadlines set forth by their clients. No disciplinary action has been taken in the previous three years by a state regulatory body or professional organization against Mr. Torchinsky or any Member of HVJT, nor has any disciplinary action been taken in the previous three years by a state regulatory body or professional organization against Mr. DerOhannesian. Both HVJT and Mr. DerOhannesian have performed a full conflicts search and neither lawyers, nor any of their partners, have a conflict of interest that would prevent the retention of these finns. References and a rate card are available in the attachment. Project Overview As described in RFP , in order to effectively support the Village's efforts to implement a new voting system, including potentially cumulative and early voting, in consideration of Dr. Handley's other recommendations and to comply with relevant federal and state laws, we would provide legal advice to the Board of Trustees to provide options for compliance with the various laws and to achieve the Village's preferred outcomes. As requested, we would research laws and provide infonnal advice, formal memoranda, or robust legal opinions

3 on related issues to the Board of Trustees. We would further be available to draft legislation and amendments to that legislation for debate and enactment by the Board of Trustees. We would continue to stay apprised of all changes in the federal and state election laws, rules and regulations as we already do for a number of our other clients, including those applicable to the Village. We expect that important U.S. Supreme Court and state high court decisions will be issued this year that may affect the Village's implementation of its election laws that would create a stable government and an engaged citizenry. We are eager to attend meetings and provide briefings of the Board of Trustees and its committees as requested. As requested, members of the Team can provide trainings and legal briefings in open public forums, and we can assist with preparing the required voter education to accompany a new voting method, including a cumulative voting scheme should the Board of Trustees determine to implement that method. Conclusion We welcome the opportunity to provide additional information or clarification to any information in this proposal. Please do not hesitate to reach out as you progress through the selection process. Very Truly Yours, Jason Torchinsky

4 Attachment 1: Resume of Mr. Torchinsky Jason Brett Torchinsky Holtzman Vogel Josefiak Torchinsky PLLC 45 North Hill Drive #100 Warrenton, VA (540) LEGAL EXPERIENCE Holtzman Vogel Josefiak Torchinsky PLLC Partner October 2008-Present Associate October 2005-October 2008 United States Department of Justice Counsel to the Assistant Attorney General (Civil Rights) February 2005-October Presidential Inaugural Committee Deputy General Counsel November 2004-February 2005 Bush-Cheney '04, Inc. Deputy General Counsel January 2004-November 2004 United States Department of Justice Special Assistant to the Assistant Attorney General (Civil Rights) January 2002-January 2004 Special Assistant United States Attorney (E.D. Wise.) November 2002-April 2003 The White House Counsel's Office Executive Assistant to Counsel and Paralegal January January 2002 Republican National Committee Counsel's Office Law Clerk May January 2001 EDUCATION The College of William and Mary in Virginia J.D., May 2001 The College of William and Mary in Virginia A.B., cum laude. May 1998 PROFESSIONAL MEMBERSHIPS Virginia Bar District of Columbia Bar Chambers Rated Nationwide Political Law American Bar Association United States Supreme Court United States Court of Appeals for the Fourth Circuit

5 United States Court of Appeals for the Sixth Circuit United States Court of Appeals for the Ninth Circuit United States Court of Appeals for the D.C. Circuit United States District Court for the Eastern District of Virginia United States District Court for the Eastern District of Wisconsin United States District Court for the District of Colorado United States District Court for the District of Columbia United States District Court for the Eastern District of Arkansas Federalist Society Republican National Lawyers Association SELECTED REPRESENTATIONS WITH REPORTED OPINIONS IN FEDERAL COURT McCutcheon v. Federal Election Commission, 572 U.S. (2014) (Counsel for Amicus National Republican Senatorial Committee and National Republican Congressional Committee, brief cited in opinion). Pursuing America's Greatness v. Federal Election Commission, Slip op. August 3, 2016 (D.C. Cir. 2016) (successfully challenged content based federal regulation) Van Hollen v. Federal Election Commission, 811 F.3d 486 (D.C. Cir. 2016) (Counsel for Appellant Hispanic Leadership Fund successfully defending EEC regulations) New York Republican State Committee et al. v. Securities and Exchange Commission, 799 F.3d 1126 (D.C. Cir. 2015) (Counsel for Plaintiff challenging SEC pay to play regulations) New York Progress and Protection PAC v. Walsh, 733 F.3d 483 (2nd Cir. 2013) (Counsel for Plaintiff PAC challenging SuperPAC limitations) Center for Individual Freedom v. Van Hollen, 694 F.3d 108 (D.C. Cir. 2012) (Counsel for Appellant Hispanic Leadership Fund successfully defending FEC regulations) Freedom Path v. Lerner, 2016 U.S. Dist. Lexis (N.D. Texas, May 25, 2016) (Counsel for Plaintiff challenging IRS regulation of non-profit organizations) Pursuing America's Greatness v. Federal Election Commission, 132 F.Supp. 3d 23 (D.D.C. 2015) (Counsel for Plaintiff challenging FEC regulation) Hispanic Leadership Fund v. Federal Election Commission, 897 F.Supp 2d 407 (E.D.Va. 2012) (Counsel for Plaintiff challenging FEC actions) Van Hollen v. Federal Election Commission, 851 F.Supp. 2d 69 (D.D.C. 2012) (Counsel for Intervenor Defendant defending Federal Election Commission regulations) Matter of 2012 Legislative Districting, 80 A. 3d 1073, 436 Md. 121 (Md. Ct. App.) (Counsel for petitioners in state redistricting ligation) Fletcher v. Lamone, 831 F. Supp. 2d 887 (D. Md. 2011) (aff d 567 U.S. 930 (2012) (Counsel for Plaintiffs in congressional redistricting litigation) OTHER LITIGATION AND ADMINISTRATIVE ENFORCEMENT MATTERS Voting Rights Act Section 5 Preclearance cases and Bailout cases before U.S. Department of Justice and the United States District Court for the District of Columbia Congressional and state redistricting cases in federal and state courts in numerous states Recount and post-election litigation for U.S. House of Representatives in various

6 states, Virginia House of Delegates and Virginia State Senate Administrative enforcement, litigation matters and settlements before ethics and campaign finance enforcement agencies including but not limited to the Federal Election Commission, U.S. Department of Justice, New York Charities Bureau, New York Joint Commission on Public Ethics, New York City Clerk (Lobbying Bureau), Washington Public Disclosure Commission, California Fair Political Practices Commission, Nebraska Accountability and Disclosure Commission, Nevada Secretary of State, Arizona Secretary of State, Maryland Ethics Commission, and the Virginia State Board of Elections SAMPLE OF CLIENTS REPRESENTED City of Sandy Springs, GA Louisiana House of Representatives Louisiana Office of the Attorney General Pennsylvania Senate Pro Tempore Joseph Scarnatti HI Pennsylvania Speaker of the House Michael Turzai Governor Pat McCrory Governor Rick Scott Mayor Rudy Giuliani Senate Majority Leader Mitch McConnell Speaker Paul Ryan Senator Marco Rubio Congressman Allen West Bush-Cheney '04 Republican National Committee National Republican Congressional Committee National Republican Senatorial Committee Arizona Republican Party Republican Party of Florida American Future Fund Hogan-Rutherford Cmte to Change Maryland

7 Attachment 2: Resume of Mr. DerOhannesian II PAUL DEROHANNFSIAN H ADMISSIONS 677 Broadway, Suite 707 Albany, New York (telephone) (facsimile) Daul@derolaw.coin United States Supreme Court, 2003 United States Court of Appeals, Second Circuit, 2002 United States District Court, Northern District of New York, 1979 United States District Court, Western District of New York, 2006 United States District Court, Southern District of New York, 2012 United States District Court, Eastern District ofnew York, 2013 State of New York, Appellate Division, Third Judicial Department, 1979 MARTINDALE-HUBBELL: AV Rating EMPLOYMENT DerOhannesian & DerOhannesian, 1979 to present Principal Attorney Private practice of law involving civil and criminal litigation in State and Federal courts; including redistricting and election law. Experience includes appellate practice before New York State Appellate Division, New York State Court of Appeals, United States Court of Appeals for the Second Circuit, and the United States Supreme Court. Albany County District Attorney's Office, 1979 to 2001 Assistant District Attorney Head of Special Assault Unit, with administrative and trial responsibility for investigation and prosecution of child homicide, child abuse, sexual assault and domestic violence. EDUCATION Albany Law School, Juris Doctor, 1978 Georgetown University School of Foreign Service, Bachelor of Science in Foreign Service, cum laude, 1975

8 REPRESENTATIVE REDTSTRICTING AND ELECTION LAW MATTERS Federal Matters (by filing date) Arbor Hill Concerned Citizens Neighborhood Association, et al v. County of Albany, etal.. No. 03-cv-0502 (N.D.N.Y., filed Apr. 22,2003) o 2003 U.S. Dist. LEXIS (N.D.N.Y. July 7, 2003) o 281 F. Supp. 2d 436 (N.D.N.Y. 2003) o 2003 U.S. Dist. LEXIS (N.D.N.Y. Sept. 17, 2003) F. Supp. 2d 269 (N.D.N.Y. 2003) U.S. Dist. LEXIS (N.D.N.Y. Feb. 2, 2004) Arbor Hill Concerned Citizens Neighborhood Association, et al. v. County of Albany, et al.. No cv (2d dr., filed Oct. 31,2003) o 357 F.3d 260 (2d Cir. 2004) Willingham, et al. v. County of Albany, etal.,^o. 1:04-cv DRH (N.D.N.Y., filed Apr. 2, 2004) o 593 F. Supp. 2d 446 (N.D.N.Y. 2006) Hoblock, et al. v. The Albany County^ Board of Elections, et al., No. 1:04-cv LEK-DRH (N.D.N.Y., filed Oct. 19, 2004) o 341 F. Supp. 2d 169 (N.D.N.Y. 2004) F. Supp. 2d 90 (N.D.N.Y. 2006) o 488 F. Supp. 2d 163 (N.D.N.Y. 2006) Hoblock, et al. v. The Albany County^ Board of Elections, et al., No cv (2d dr., filed Nov. 5, 2004) o 422 F.3d 77 (2d Cir. 2005) Boone, et al. v. County of Nassau, et al.. No. 2:1 l-cv js-arl(e.d.n.y., filed June 6, 2011) U.S. Dist. LEXIS (Sept. 23, 2011) Pope, et al. v. County^ of Albany, et al., No. 1:11 -cv lek-cfh (N.D.N.Y., filed June 29, 2011) U.S. Dist. LEXIS (N.D.N.Y. Aug. 18, 2011) o 2012 U.S. Dist. LEXIS (N.D.N.Y. July 31, 2012) U.S. Dist. LEXIS (N.D.N.Y. Mar. 11, 2013) o 2014 U.S. Dist. LEXIS (N.D.N.Y. Jan. 28, 2014) U.S. Dist. LEXIS (N.D.N.Y. Aug. 6, 2014) o 2014 U.S. Dist. LEXIS (N.D.N.Y. Oct. 21,2014) o 2015 U.S. Dist. LEXIS (N.D.N.Y. Jan. 22,2015) 0 94 F. Supp. 3d 302 (N.D.N.Y. 2015)

9 Pope, et al v. County of Albany, et al.. No (2d Cir., filed Aug. 25,2011) F.3d 565 (2d Cir. 2011) Hardial, et al. v. Town Council of the Town of Hempstead, New York, et al., No. 2:13-cv LDW-ARL (E.D.N.Y., filed Apr. 23,2013) Pidot, et al. v. New York State Board of Elections, et al.,^o. 1:16-CV FJS- CFH (N.D.N.Y., filed July 13, 2016) Pidot, et al. v. New York State Board of Elections, et al.., No (2d Cir., filed Aug. 31,2016) o 663 Fed. Appx. 14 (2d Cir. Sept. 16, 2016) New York State Matters (by decision date) Graziano v. County of Albany, et al.. Index No (Alb. Co. Sup. Ct. June 12, 2003) Graziano v. County of Albany, et al, 309 A.D.2d 1062 (3rd Dep't2003) Gross V. Albany County Bd. of Elections, 10 A.D.3d 476 (3d Dep't2004) Gross V. Albany County Bd. of Elections, 3 N.Y.3d 251 (2004) Graziano v. County^ of Albany, et al., 3 N.Y.3d 475 (2004) McLean Lane, v. Matthew J. Clyne, et al. Index No (Alb. Co. Sup. Ct. Oct. 4,2017)

10 Attachment 3: Professional References for Mr. Torchinsky and Mr. DerOhannesian II Mr. Torchinsky 1) Wendy Underbill, Director of Election and Redistricting, National Conference of State Legislatures, ) Elizabeth Howard, Deputy Secretary of Elections, Commonwealth of Virginia, ) Rebecca Green, Director, Election Law Program, William and Mary School of Law, Mr. DerOhannesian II 1) The Honorable Thomas J. Marcelle, Judge, Cohoes (New York) City Court, ) Mitchell A. Karlan, Esq., Partner, Gibson, Dunn & Crutcher, ) John Ciampoli, Esq., Of Counsel, Sinnreich Kosakoff & Messina,

11 Attachment 4: Rate Cards for Holtzman Vogel Josefiak Torchinsky and Mr. DerOhannesian II First Name Last Name Standard Billable Rate Rate for this Engagement Jill Vogel $ $ Alex Vogel $ $ Tom Josefiak S $ Jason Torchinsky $ $ Michael Bayes S $ Tim Kronquist $ S Jessica Johnson S $ Steve Roberts $ $ Gabriela Fallon S $ Shawn Sheehy $ $ Phil Gordon S $ Erin Clark $ $ Steve Saxe $ $ Dennis Polio $ $ Donna Smith (Paralegal) S $ Angela Bell (Paralegal) $ $ Erin Burroughs (Paralegal) S $ Paul DerOhannesian II $ $