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2019 Annual Government & Administrative Practice

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2019 Annual Government & Administrative Practice The NSBA Government & Administra ve Prac ce Sec on Presents: 2019 ANNUAL GOVERNMENT & ADMINISTRATIVE PRACTICE SEMINAR Wayne J. Bena, Esq. Nebraska Secretary of State’s Offi ce Charles W. Campbell, Esq. Angle Murphy & Campbell, PC LLO Danielle M. Conrad, Esq. Execu ve Director, ACLU of Nebraska Frank J. Daley, Jr. Execu ve Director, Nebraska Accountability & Disclosure Commission Brianna L. McLarty Deputy County A orney, Dodge County A orney’s Offi ce Gregory H. Perry, Esq. Perry Guthery Haase & Gessford, PC LLO FRIDAY JUNE 21, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW 1875 N 42ND STREET LINCOLN :•~•:.:·~--------------------- This page intentionally left blank. FRIDAY JUNE 21, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW 1875 N 42ND STREET LINCOLN 2019 ANNUAL GOVERNMENT & ADMINISTRATIVE PRACTICE SEMINAR ELECTION LAW ETHICAL ISSUES IN 8:30 am Election Law 2020 and Beyond GOVERNMENT PRACTICE Wayne J. Bena, Esq. Nebraska Secretary of State’s Office 1:00 pm Ethical Issues for Lawyers in Election Campaigns This session is for any lawyer interested in elections. This seminar will provide lawyers with an overview of election laws, including Margaret M. Blatchford the conduct of the elections, initiatives, referendums, election Assistant City Attorney, Lincoln City Attorney’s Office contests, candidate filing protests and recalls on the state and Elizabeth D. Elliott local level. A review of recent Nebraska Court cases and legislation Assistant City Attorney, Lincoln City Attorney’s Office will be discussed regarding their impact on the 2020 elections and beyond. The session will also discuss how possible foreign interfer- When a lawyer is a candidate for public office, he or she is faced ence has changed the way officials think about election security. with the idealistic standards of the Rules of Professional Conduct and the necessities of waging a successful campaign. This ses- 9:30 am Election Laws – A Local Perspective sion will assist lawyers who may want to someday run for public office or who manage the campaigns for lawyer candidates in Charles W. Campbell, Esq. understanding what their ethical obligations are under the Rules of Angle Murphy & Campbell, PC LLO Professional Conduct. Gregory H. Perry, Esq. Perry Guthery Haase & Gessford, PC LLO 1:30 pm Break Brianna L. McLarty Deputy County Attorney, Dodge County Attorney’s Office This session will provide an overview of election administration at 1:45 pm Defining the Scope of the Government the local level. This panel will discuss issues related to municipal and Public Sector Attorney’s Duties: elections, school bond elections, ballot issues, filling board/council Responsibilities, Conflicts and More vacancies, recalls, and compliance. David J. Bargen, Esq. 10:30 am Break Rembolt Ludtke LLP James B. Gessford, Esq. Perry Guthery Haase & Gessford, PC 10:45 am Elections and Campaigns: A National Milissa D. Johnson-Wiles Perspective Assistant Attorney General, Nebraska Attorney General’s Office Danielle M. Conrad, Esq. This session focuses on the unique ethical issues that confront Executive Director, ACLU of Nebraska government and public sector attorneys. This session will focus on emerging national trends and hot topics During this session, attorneys will receive a perspective from a in election law, including electioneering, voter list purging, and panel of attorneys whose areas of practice include school, state, campaign materials. county and municipal governance. Ethical issues to be discussed include identifying who is the client, avoiding conflicts of interest, 11:30 am It’s Always Election Season: An maintaining confidentiality, preserving attorney-client privilege, Overview of Nebraska’s Campaign and ensuring proper communication. Finance Laws Applicable to Businesses and Other Organizations 3:15 pm Adjourn Frank J. Daley, Jr. Executive Director, Nebraska Accountability & Disclosure Commission This session will review the law applicable to corporations, unions, limited liability companies and other organizations making cam- AM Session: Approved for 3.5 CLE credit hours paign contributions in state and local elections. It will also review Regular / Live NE MCLE #175768 IA MCLE #324837 the requirement to report this activity pursuant to the Nebraska Distance Learning NE MCLE #175769 IA MCLE #324838 Political Accountability and Disclosure Act. PM Session: Approved for 2.0 CLE credit hours / 2.0 Ethics hours Regular / Live NE MCLE #175773 IA MCLE #324839 12:15 pm Lunch provided (if attending both sessions) Distance Learning NE MCLE #175772 IA MCLE #324840 :•~•:.:·~--------------------- This page intentionally left blank. FACULTY BIOS Wayne J. Bena, Esq. Nebraska Secretary of State’s Offi ce Wayne Bena has served as Deputy Secretary of State for the Elec ons’ Division since September of 2017. Prior to this Wayne served 8 years as Sarpy County Elec on Commissioner appointed by then Governor Dave Heinemann. The Elec ons Division oversees the conduct of all elec ons within the state. The Division also advises the Secretary of State on elec on law, keeps the inventory of elec on tabula on and ADA ballot marking equipment and maintains the statewide voter registra on system. It also oversees fi lings for statewide Cons tu onal Amendments, ini a ves and referendums. Wayne has a degree in Poli cal Science from the University of Nebraska-Lincoln and a law degree from the University of Nebraska College of Law. Charles W. Campbell, Esq. Angle Murphy & Campbell, PC LLO Charles “Charley” Campbell is a partner in Angle Murphy & Campbell, PC LLO, who prac ce areas include civil li ga on, appellate prac ce, personal injury, municipal law commercial li ga on, cons tu onal law, eminent domain, government, zoning, planning and land use and county government law. Mr. Campbell also currently serves as the city a orney for York and Henderson and the village a orney for Exeter and Fairmont. Mr. Campbell is a member of the Nebraska State Bar Associa on and Nebraska Associa on of Trial A orneys. He received his Juris Doctor from Creighton University School of Law. Danielle M. Conrad, Esq. Execu ve Director, ACLU of Nebraska Danielle Conrad is the Execu ve Director of ACLU of Nebraska. She is a graduate of the University of Nebraska-Lincoln and the University of Nebraska College of Law. She was elected to the Nebraska Legislature in 2006 and re-elected in 2010. During her term of service, she was an eight-year member of the powerful Appropria ons Commi ee and was elected by her peers to serve on the Commi ee on Commi ees, Legisla ve Performance Audit Commi ee, Nebraska Re rement Systems Commi ee and the Redistric ng Commi ee. Outside of the legislature, her professional career has included working as a staff a orney and policy advocate for low-income working families and new immigrants at the Nebraska Appleseed Center for Law in the Public Interest, Execu ve Director of the Lincoln Parks Founda on, and poli cal consul ng. Frank J. Daley, Jr. Execu ve Director, Nebraska Accountability & Disclosure Commission Frank Daley is the Execu ve Director of the Nebraska Accountability and Disclosure Commission. From 1987 to 1999, he served as the Commission’s General Counsel. Prior to his service with the Commission, Mr. Daley engaged in the private prac ce of law in Hebron, Nebraska, and served as a staff a orney for the Legal Aid Society of Omaha. He received a BA in Government from Seton Hall University in South Orange, New Jersey, and a law degree from Creighton University in Omaha, Nebraska. Mr. Daley is a member of the Nebraska State Bar Associa on and the Lincoln Bar Associa on. He has served as Chairman of the NSBA’s Government Prac ce Sec on and as president of the Lincoln Bar Associa on. Brianna L. McLarty Deputy County A orney, Dodge County A orney’s Offi ce Bri McLarty is a deputy county a orney in the Dodge County A orney offi ce in Fremont, Nebraska. Her prior experience includes Director of Vo ng Rights with Civic Nebraska, a nonprofi t civic engagement organiza on. Her du es included legal director for elec on protec on program in partnership with the Lawyers Commi ee for Civil Rights, inves ga on and compli- ance of state and local elec on agencies, and elec on policy work. Ms. McLarty is a graduate of the University of Nebraska College of Law and is a member of the Nebraska Bar Associa on and the Dodge County Bar Associa on. con nued FACULTY BIOS Gregory H. Perry, Esq. Perry Guthery Haase & Gessford, PC LLO Greg Perry concentrates his prac ce in school law, employment and civil rights law, corporate and real estate law. He was a member of the Nebraska Law Review and graduated from the University of Nebraska College of Law in 1984 with high dis nc- on. Mr. Perry served as a law clerk to the honorable Donald R. Ross, a judge for the United States Court of Appeals for the Eighth Circuit, from 1984 to 1986. Mr. Perry is a member of the Lincoln Bar Associa on, the Nebraska State Bar Associa on, and the Nebraska Council of School A orneys. Mr. Perry received his Juris Doctor from the University of Nebraska College of Law. FRIDAY MARCH 15, 2019 JUNE 21st, 2019 UNIVERSITY OF NEBRASKA COLLEGE OF LAW LINCOLN, NEBRASKA Election Law 2020 and Beyond Wayne J. Bena, Esq. Nebraska Secretary of State’s Office This page inten onally le blank. 6/18/2019 Election Law: 2020 and Beyond Presented by: Wayne Bena Deputy Secretary of State for Elections June 21, 2019 UNL College of Law 1 Topics to Be Covered • Election Statistics & Governing Laws • Lawsuits filed during the 2018 Election Cycle • Recent U.S. Supreme Court Rulings regarding Elections • *Election Statutes Passed in the 106th Legislature, First Session • *Nebraska’s Election Security Efforts *If Time Allows 2 Why are Elections Important? 3 1 6/18/2019 Why Elections are Important to Me 4 Nebraska Statistics in a Nutshell .
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