motion for permission to file amicus brief
DESCRIPTION
Hawaii amicus motion as filed.TRANSCRIPT
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IN THE UNITED STATES DISTRICT COURT FOR THE NINTH CIRCUIT
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DEMOCRATIC PARTY OF HAWAII,
Plaintiff-Appellant Case No. 13-17545 -against- SCOTT T. NAGO, in his Official Capacity as the Chief Election Officer of the State of Hawaii, Defendant-Appellee. -------------------------------------------------------X
MOTION FOR PERMISSION TO FILE AMICUS CURIAE BRIEF
Upon the annexed declaration of Harry Kresky, dated May 22, 2014,
proposed amicus curiae Committee for a Unified Independent Party, Inc. (CUIP,
d/b/a IndependentVoting.org) hereby moves this Court pursuant to Fed. R. App. P.
Rule 29, for permission to file an amicus curiae brief (in the form filed herewith)
in support of appellee and in favor of affirmance of the decision appealed from.
Dated: New York, NY May 22, 2014
Respectfully submitted,
/s/ Harry Kresky 505 West 54th Street (Suite 409) New York, NY 10019 (212) 581-1516 [email protected]
Case: 13-17545 05/22/2014 ID: 9106524 DktEntry: 14-3 Page: 1 of 2
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DECLARATION IN SUPPORT OF MOTION
I, HARRY KRESKY, declare:
1. I am an attorney licensed to practice in the State of New York and
admitted to practice before this Court.
2. I make this declaration in support of the annexed motion for
permission to file an amicus curiae brief (in the form filed herewith) in support of
appellee and in favor of reversal of the decision appealed from.
3. The interests of the proposed amicus curiae are that it works with and
represents non-aligned voters in Hawaii and other states whose right to participate
in primary elections would be curtailed should appellants prevail.
4. An amicus curiae brief is desirable and relevant because it sets forth
the situation of non-aligned voters in Hawaii and other states, and how the
outcome of this appeal will impact on them and on the electoral process in Hawaii
and other states. Pursuant to 28 U.S.C. Sec. 1746, I declare under penalty of
perjury that the foregoing is true and correct.
5. Counsel for appellee has consented to the filing of this amicus curiae
brief. Counsel for appellant refused consent.
Executed on May 22, 2014.
/s/ _____________________
Harry Kresky
Case: 13-17545 05/22/2014 ID: 9106524 DktEntry: 14-3 Page: 2 of 2