Campaign Finance and Election Law
Daniel Horwitz represents and advises elected officials, candidates, PACs, county political parties, and other political law clients across Tennessee regarding applied Tennessee state campaign finance and election law issues. Horwitz formerly served as election counsel for the Tennessee Democratic Party, and he currently serves as General Counsel for Tennesseans For Sensible Election Laws, an election-reform oriented multicandidate political campaign committee. If you are seeking election law assistance, please contact Horwitz using the contact form below.
“AN INVALUABLE ASSET: Daniel’s portfolio is a broad one, but the particular area of expertise where I most often solicit his help is applied Election Law. As Executive Director of the Tennessee Democratic Party, I frequently need advice with respect to candidate qualifications, electoral challenges, and other election-specific matters. Daniel’s work in this area is simply superlative. It is concise, well reasoned and supported, brilliantly written, specific, and actionable. It is also hard to come by elsewhere. Daniel Horwitz is an invaluable asset.”
—Alan Secrest, 2014 Executive Director of the Tennessee Democratic Party; Tennessee Campaign Finance and Election Law Client
“Daniel helped helped us resolve a campaign disclosure issue with the state department that handles such issues. I was very impressed with Daniel’s professionalism, knowledge and his overall attitude ensuring we had the best legal representation possible. I will most certainly use Daniel again and highly recommend him to others.”
—Gary Bynum, Chairman, Davidson County Democratic Party; Tennessee Campaign Finance and Election Law Client
If you would like to purchase a consultation from Horwitz, you can do so using the following form:
Selected Election Law Case History
1. Wallace v. Metropolitan Government of Nashville and Davidson County, et al.—Tennessee Supreme Court (won)
Selected Case Documents
*Tennessee Supreme Court’s Opinion and Order granting relief,
–Wallace Application for Extraordinary Jurisdiction
Selected Media Coverage
-The Tennessean: Tennessee Supreme Court moves up Nashville mayoral special election to May
-The Nashville Scene: Supreme Court: Mayoral Election Must Be Held in May
-The Nashville Post: Supreme Court moves mayoral election to May
-The Nashville Business Journal: Supreme Court strikes down August mayoral election date
-Nashville Business Journal: Tennessee Supreme Court to decide fate of Nashville mayoral election
-WPLN: Nashville Must Hold Next Mayor’s Election In May, Court Rules
-Nashville Post: Supreme Court will decide mayoral election date
-Nashville Scene: Metro Legal Could Cost the City Money for Another Election
2. Tennesseans for Sensible Election Laws v. Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance, et al.—Davidson County Chancery Court/Tennessee Court of Appeals (won)
Selected Case Documents:
*Court of Appeals Opinion Affirming Judgment
*Memorandum Opinion and Order on Petition for Contempt
*Post-Remand Memorandum and Order On Sovereign Immunity
*Post-Remand Order Denying Government’s Motion for Relief from Judgment
*Post-Remand Order Awarding Attorney’s Fees for Contempt
*Chancery Court Memorandum and Order
*Second Chancery Court Order Granting Attorney’s Fees
*Chancery Court Order Awarding Attorney’s Fees
*Chancery Court Order Granting Motion for Upward Adjustment of Attorney’s Fees
–Plaintiff’s Memorandum of Law in Support of a Preliminary Injunction
–September 26, 2018 Transcript of Proceedings
–Principal Brief of Appellants BECF and Davidson DA
–Brief of Appellee Tennesseans for Sensible Election Laws
–Reply Brief of Appellants BECF and Davidson DA
–Amicus Brief of the Beacon Center of Tennessee
–Brief of Amici Curiae Goldwater Institute and Liberty Justice Center
–Notice of Satisfaction of Judgment
Selected Media Coverage:
-The Tennessean: Appeals court tosses Tennessee laws that created a donation blackout for nonpartisan PACs
-The Tennessean: Tennessee election registry in contempt of court, ordered to pay back thousands in fees
-The Tennessean: Nashville judge rules against state in lawsuit over ‘blackout period’ for PACs
-Nashville Post: Court strikes down ‘blackout period’ campaign finance provision
-The Tennessean: Tennessee sued over PAC contributions ‘blackout period’ before elections
3. Fraternal Order of Police v. Metropolitan Government & Community Oversight Now—Tennessee Court of Appeals (won)
Selected Case Documents:
*Court of Appeals Memorandum Opinion Affirming Judgment
–Community Oversight Now Court of Appeals Brief
*Tennessee Supreme Court Order Denying FOP’s Rule 10 Application
–Community Oversight Now Rule 10 Response
Selected Media Coverage:
-The Tennessean: Community oversight board belonged on the Nashville ballot, appeals court says; vote stands
4. George v. Hargett (on behalf of Amicus Curiae)—U.S. Court of Appeals for the Sixth Circuit (won)
Case Documents:
–Brief of the “Yes On 1” Campaign as Amicus Curiae
*Sixth Circuit Opinion Reversing District Court
–Plaintiffs’ Petition for Rehearing En Banc
–Sixth Circuit Order Denying En Banc Review
Media Coverage:
-The Tennessean: Appeals court won’t reconsider Tennessee abortion measure decision
-Patch: Federal Court Denies Challenge To Tennessee Abortion Amendment
-The Tennessean: Fate of Tennessee abortion measure Amendment 1 now up to appeals court
-Pro Life News: Tennessee: Pro-Life Win as Judge Says State Counted Votes Correctly on Amendment 1
-The Tennessean: Amendment 1 plaintiffs on shaky legal ground
-News Channel 5: Vote Counting For Tennessee Abortion Measure Argued In Federal Court
-Yes on 1: Yes on 1 Files State Court Motion on Behalf of Disenfranchised Voters
5. Metropolitan Government of Nashville and Davidson County v. Davison County Election Commission (on behalf of Amicus Curiae)—Tennessee Court of Appeals (successfully supported affirmance of Chancery Court Judgment)
Selected Case Documents:
–Brief of Amicus Curiae the Nashville Area Chamber of Commerce (asserting a petition defect)
–Brief of Amicus Curiae Save Nashville Now (asserting mootness)
–Chancery Court Brief of Amici Curiae
Selected Media Coverage:
-The Tennessean: Anti-tax hike referendum legal battle over: Tennessee Supreme Court declines appeal
-Axios: Supreme Court won’t hear appeal over Metro referendum
-The Tennessean: State appeals court rules against election commission in referendum case, legal costs top $720K
-The Nashville Post: Appeals court strikes another blow to anti-tax effort
-The Tennessee Outlook: Nashville judge strikes down anti-tax referendum
-The Tennessean: Judge rules anti-property tax referendum invalid, cancels July 27 election in win for Nashville leaders
Selected Election Law Scholarship
-Daniel A. Horwitz, A Picture’s Worth a Thousand Words: Why Ballot Selfies Are Protected by the First Amendment, 18 SMU Sci. & Tech. L. Rev. 247 (2015), available at http://papers.ssrn.com/abstract=2704630 (featured in May 2016 ABA Journal).
- Horwitz Wins Landmark Victory Resetting Nashville’s Mayoral Election – The Law Office of Daniel A. Horwitz, Esq. - […] Campaign Finance and Election Law […]
- Horwitz Wins Lawsuit Challenging “Blackout Ban” for Non-Partisan PACs – The Law Office of Daniel A. Horwitz, Esq. - […] Campaign Finance and Election Law […]
- Horwitz Secures Appellate Victory Upholding Validity of Election that Established Nashville’s Police Oversight Board – The Law Office of Daniel A. Horwitz, Esq. - […] Campaign Finance and Election Law […]
- Tennessee Supreme Court Issues Orders Related to Coronavirus Pandemic | Supreme Court of Tennessee Blog - […] legal issues in the Volunteer State—for quite sometime now due to an exploding speech defense, election law, and wrongful…