E. Mark Braden

Of Counsel

Washington, D.C.
T +1.202.861.1504
F +1.202.861.1783

Overview

Mark Braden concentrates his work principally on the law of the political process, including work with election and campaign agencies, voting issues, redistricting, and ethics and lobbying regulations – areas in which he has substantial knowledge and unusual experience. He provides effective, and often highly innovative, legal guidance when representing individuals and organizations in the political arena and counseling some of the largest political action committees (PACs) and campaigns in the nation. Mark spent 10 years as chief counsel to the Republican National Committee prior to joining BakerHostetler. He is widely recognized for his knowledge of state election laws, having served as chief counsel to the Ohio Elections Commission and election counsel to the Ohio Secretary of State. Mark has played a large part in the redistricting process and has argued before the Supreme Court level in redistricting litigation, and in campaign finance was the father of "soft money" as originally used in national campaigns.

Mark is a member of the adjunct faculty of George Washington University and former special election law counsel to the United States House of Representatives' Administration Committee. He has testified before congressional committees and the Federal Election Commission, and his experience in the legal and political arenas has resulted in invitations to lecture at universities and institutes nationwide. He has authored International Election Principles: Election, Chapter: "Early and Absentee Voting" (ABA Publishing, 2009) and Election Reform in the United States after Bush v. Gore, eds. Grofman & Alvarez, Chapter: "Entering the Political Thicket" (Cambridge University Press, 2013).

Select Experience

  • Has represented Republican members of or candidates for the United States Senate and House of Representatives, and Republican governors, former cabinet secretaries and presidential candidates on campaign financing and ethical issues/criminal and civil enforcement.
  • Assists trade associations and businesses in participation in government affairs, the creation of PACs, state and federal lobbying regulations, gift rules, and state and local ballot initiatives. Assists a nonprofit organization in such a context, advising on issues related to fundraising restrictions, ethical concerns based on lobbying requirements and completed campaign funding issues. Also provides presentations on campaign financing.
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Experience

  • Has represented Republican members of or candidates for the United States Senate and House of Representatives, and Republican governors, former cabinet secretaries and presidential candidates on campaign financing and ethical issues/criminal and civil enforcement.
  • Assists trade associations and businesses in participation in government affairs, the creation of PACs, state and federal lobbying regulations, gift rules, and state and local ballot initiatives. Assists a nonprofit organization in such a context, advising on issues related to fundraising restrictions, ethical concerns based on lobbying requirements and completed campaign funding issues. Also provides presentations on campaign financing.
  • Supervised and directed the corporate reorganization of a large nonprofit fraternal organization, involving $500 million plus assets and 1.6 million organization members.
  • Served as lead counsel in redistricting/Voting Rights Act litigation in recent cycles in Ohio, Virginia, New York, Wyoming, New Mexico, Oklahoma, Georgia, Nevada, Maryland and Connecticut. Has argued before the U.S. Supreme Court and state supreme courts throughout the country, in which the redistricting at issue was affirmed.
  • Has been a principal lawyer in many of the largest recounts in political history, including recount and contest litigation in Ohio, Pennsylvania, Indiana, California, North Carolina, Virginia, Illinois, New Jersey, Washington and New Mexico.
  • Was the key negotiator for convention contracts and site city agreements for the 1980, 1984, 1988 and 1996 Republican National Conventions.
  • Served as an international election consultant on a dozen different national election systems for the International Republican Institute, International Foundation for Election Systems, National Democratic Institute and Organization for Security and Co-operation in Europe.

Recognitions and Memberships

Recognitions

  • Republican National Lawyers Association: Republican Lawyer of the Year (2014)

Memberships

  • American Bar Association
  • American Law Institute

Community

  • George Washington University Adjunct Faculty Graduate School of Politics
  • St. James Episcopal Church Vestry
  • International Conservation Caucus Foundation
  • Ripon Society
  • Republican National Lawyers Association

Prior Positions

  • Republican National Committee: Chief Counsel
  • Ohio Elections Commission: Chief Counsel
  • Ohio Secretary of State: Election Counsel
  • Catholic University Joint Political Science and Law School Program Faculty
  • United States Army Reserve: Captain

Admissions

  • U.S. Supreme Court, 1983
  • U.S. District Court, District of Columbia, 2002
  • District of Columbia, 1989
  • Ohio, 1976

Education

  • J.D., Washington and Lee University School of Law, 1976
  • B.A., Washington and Lee University, 1973