Brad Hertz, Founder and Principal of the Law Offices of Bradley W. Hertz, has specialized in political and election law and litigation throughout California for the past 35 years. His firm focuses on the legal nuances of campaigns, elections, governmental ethics, lobbying, and litigation. Brad is dedicated to helping his clients achieve their political, legislative, and other goals as they navigate the complex web of legal requirements in the political and election process.
Brad’s law practice includes representing clients in state and federal trial and appellate courts on issues such as initiatives, referenda, recalls, ballot access, election contests, voter information pamphlets, campaign finance, and First Amendment matters. Brad’s extensive experience in these arcane areas of the law allows him to offer strategic counsel on a wide array of political and legal challenges, ensuring that his clients are well-prepared to handle the ever-changing legal landscape they face.
Brad enjoys being able to make a positive difference in his clients’ lives and have an impact on significant public policy issues. He is committed to providing personalized, comprehensive legal services that address the unique needs and objectives of each client. Whether addressing the complexities of campaign finance regulations or advocating for clients in high-stakes litigation or before an administrative agency, Brad brings a wealth of knowledge and expertise to every case.
Brad’s commitment to excellence is evident in the way he runs his law firm and interacts with clients, opposing counsel, the courts, and everyone with whom he comes into contact. His dedication to his craft, as well as his ability to both multi-task and focus on the matter at hand, are hallmarks of his success. Brad regularly serves as a panelist at continuing education programs, where he is known as a dynamic and highly entertaining speaker. He participates in numerous professional organizations and works to be at the forefront of political and election law. Brad’s ongoing dedication to his clients, his firm, and the practice of law is reflected in the successful outcomes he has achieved for his clients over the years and the respect he has earned from friends and foes alike.
In addition to his legal practice, Brad is an active participant in his community, often sharing his insights and expertise by sitting on various non-profit advisory boards, authoring articles, speaking at events, and serving as a trusted advisor to political campaigns, businesses, government entities, and others. Brad’s deep understanding of the political process and its legal intricacies makes him a valuable resource for those seeking to avoid pitfalls and make their own meaningful impact in the political arena.
Combining Legal Acumen with Political Insight
Brad brings a unique blend of skills, talents, and perspectives to the practice of political and election law, litigation, and the management of his law firm. Having graduated from Brown University and the Georgetown University Law Center and having served as an associate at a large firm and an “Of Counsel” attorney and partner at small boutique election law firms, Brad brings decades of legal and political experience to his own firm, which allows him to better serve his clients.
In addition to his extensive experience as a practicing attorney and businessman, Brad’s roles as Adjunct Professor (teaching Election Law and Civil Procedure), mediator, Statewide Communications Director and Jewish Outreach Director for two U.S. Presidential campaigns, as well as aide to a U.S. Senator, provide him with the breadth and depth to handle almost any situation. His experience and perspective are further enriched and informed by his own stints as a political consultant, lobbyist, and candidate, having run for and served as a delegate to a national Presidential Convention at just 20 years old.
Brad’s decades of work with political consultants, pollsters, researchers, election officials, legislators, lobbyists, government affairs professionals, and others gives him valuable insight into how the process works and how to get things done within the confines of the law. Brad has served as President of the California Political Attorneys Association and has enjoyed lasting relationships with his fellow practitioners. This diverse background equips Brad with a comprehensive understanding of the political landscape, making him a highly effective advocate and advisor.
Creating Positive Change Through Dedicated Advocacy
Brad has been extremely fortunate to have worked on matters that have made positive differences in people’s lives throughout California and beyond. These legal projects have included securing economic self-sufficiency for Indian Tribes, seeking to remove the Confederate Seal from the Mississippi State Flag, working to secure rights for terminally ill patients, protecting religious freedom, and reforming workers’ compensation laws.
His cases have also addressed responsible real estate development and housing, term limits for elected officials, public health, lowering prescription drug prices, merit-based education, transportation, marriage equality, compensation for public officials, pension reform, taxes, the building of professional football and soccer stadiums and basketball arenas, cannabis regulations, the gig economy, and securing funds for public parks, libraries, and children’s services.
Additionally, Brad has protected voters from false and misleading information on initiative, referendum, and recall petitions; ensured that voters receive accurate information regarding candidates; secured ballot access for candidates; and held government accountable to the people. He has enforced the Federal and State Constitutions, the Federal Election Campaign Act, the Political Reform Act, the Public Records Act, the Ralph M. Brown Act, the Anti-SLAPP statute, and other political and election laws. Many of the matters Brad has handled have become law through the legislative or judicial process. Brad is particularly proud that many of his litigation matters have created new law in California, as reflected in the published decisions of the California Supreme Court and Courts of Appeal.
Among the Supreme Court and Appellate Court decisions of which Brad is most proud are:
- San Bernardino County Fire Protection District v. Page (2024) 99 Cal.App.5th 791, in which Brad successfully invalidated a property tax repeal measure on the grounds that the proponents included materially false and misleading statements, saving over $100 million for the Fire Protection District to protect lives and property throughout the nation’s largest county.
- The Red Brennan Group v. Shea (2024) 2024 WL 767874, in which Brad successfully defended a government and tax reform ballot measure against single subject rule and due process challenges.
- Travis v. Brand (2023) 15 Cal. 5th 411, in which Brad worked to successfully protect the rights of citizens by enforcing California’s Political Reform Act against political committees without fear of having to pay their opponents’ attorneys’ fees where the cases were brought in good faith.
- Kissner v. Santa Clara Office of Education (2022) 2022 WL 842770, in which Brad successfully defended the rights of citizens to compel an election to fill a vacancy on a local school board.
- Cassar v. Vu (2018) 2018 WL 459677, in which Brad successfully defended a local candidate’s use of the ballot designation “Educator” to describe his principal profession, vocation, or occupation.
- Pease v. Zapf (2018), 26 Cal.App.5th 293, in which Brad successfully defended an incumbent city council candidate against a term limits challenge.
- Eblovi v. Blair (2016) 6 Cal.App.5th 310, in which Brad successfully defended his clients’ ballot argument against a legal challenge that the argument should have been rejected by the local elections official.
- Beek v. City of Newport Beach (2009) 2009 WL 1766233, in which Brad successfully defended a land use ballot measure that amended a city charter that enabled a new city hall complex to be built.
- Citizens for Jobs & the Economy v. County of Orange (2002) 94 Cal.App.4th 1311, in which Brad successfully invalidated a county land use ballot measure on the grounds that it interfered with essential government functions and was unconstitutionally vague.
- Moses v. McCormack (2002) 2022 WL 31025861, in which Brad successfully defended a judicial candidate’s ballot designation against a court challenge that it should be deleted or amended.
- Griset v. Fair Political Practices Commission (2001) 25 Cal.4th 688, in which Brad challenged the State’s political watchdog agency in connection with an administrative enforcement action.
Brad’s dedication to the rule of law, and to extending and expanding the law where appropriate, demonstrates his commitment to leveraging his extensive legal and political expertise to create meaningful and lasting change for his clients and the community at large. In addition to the appellate cases listed above, Brad has litigated hundreds of trial court matters and has provided great results for his clients for more than three decades.
Commitment to Client-Centered Legal Practice
Brad has no plans to retire from the practice of law, as he continues to thrive, serve his clients well, and enjoy the excitement of a career in which “no two days are ever the same.” He emphasizes a high-quality, low-volume approach in his practice, ensuring that each client receives the time and attention they need. This contrasts with what is sometimes referred to as “staccato law,” where attorneys juggle too many clients each day with brief, fragmented interactions. By limiting the number of clients he’s willing to take on, Brad can provide more in-depth, personalized legal support for his clients, reflecting his commitment to excellence and thoroughness in his work. In addition, by keeping his overhead low, Brad is able to keep his billing rates reasonable, as opposed to his colleagues at larger firms. Brad is grateful to have found a field of law in which he can do his best work, make a difference, and craft a law firm that results in a win-win situation for both him and his clients. Brad lives in Southern California with his wife Laura, a mortgage banker, and together they have raised three wonderful children.
