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Election Law Questions & Answers
1 Answer | Asked in Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

2 Answers | Asked in Civil Rights, Constitutional Law, Election Law and Gov & Administrative Law for Florida on
Q: Does this mean governor Ron DeSantis committed voter intimidation by using felons who unknowingly voted illegally?

Just days before the primaries, governor DeSantis made sure not to clarify that these voters were felons who thought their rights were restored. I cannot see how this is NOT being considered voter intimidation. If you think that what this man has done was legal, please explain. I appreciate your... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 22, 2022

I looked online for what you are referencing, and I see a story regarding DeSantis announcing that the Fla. Dept. of Law Enforcement arrested 20 people who allegedly voted illegally because their voting rights were not restored, even though they were allowed to register. (See, for example,... View More

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1 Answer | Asked in Traffic Tickets, Child Support and Election Law for Maryland on
Q: i received a ticket for driving passed a stopped school bus allegedly. I tried to request a court date but i was told

I was told that i waiting to look and can no longer receive a court date. But it say no where on the ticket the due date of requesting a court date.

Can i still get a court date to fight this ?

Is it true that a date should be on the ticket of how long i have to request a court date ?

Mark Oakley
Mark Oakley
answered on Mar 4, 2022

The Maryland Uniform Citation form has an inset box on the lower right portion of the ticket that contains instructions on how to pay, plead to the ticket, and how to request a tial date, and it states the timeframe (30 days) you have to do it in. It is in small print, so perhapse yu overlooked... View More

1 Answer | Asked in Election Law for Florida on
Q: Is there a way to Appeal there corrupt decision?

I had three witnesses they would not let me even start talking? I am 66 years old and have seen alot but this was corruption at its finest. I cannot afford an attorney because we are trying to buy a home.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2021

If you end up in prison, you won't need to buy a home. Get an attorney.

Q: Will I need to report to jury duty in Mississippi if I am stationed out of state as an active duty soldier?

I am an Active duty soldier who is stationed at Fort Drum, NY. I was informed by family I have a notice to show up to court on Oct 18th for jury duty but I am in NY at the moment. Am I exempt, or is there a way I can be exempt?

Arthur Calderon
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Arthur Calderon
answered on Oct 13, 2021

You should be exempt from jury service; however, you will need to make sure that you contact the court and provide them with paperwork reflecting that you are on active duty.

2 Answers | Asked in Personal Injury and Election Law for Idaho on
Q: What if I have two addresses where I have my mail sent?
Tim Akpinar
Tim Akpinar
answered on Aug 12, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. It's usually not a problem in most settings. You included personal injury as a category. If that means the question is related to personal injury litigation, you could specify which address is to be used for process... View More

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2 Answers | Asked in Election Law and Gov & Administrative Law for Alabama on
Q: Can a sheriff in an active election campaign threaten to fire his deputies if seen talking to any of his opponents?

This sheriff threatened to fire anyone seen talking to a particular individual that contributed to his opponents campaign also. The same sheriff in last election threatened to terminate anyone that he found that didn't vote for him? Are these things election violations? I was told possibly... View More

Kevin M Rogers
Kevin M Rogers
answered on Aug 10, 2021

Please understand that I do not practice law in GA and will not pretend to know Georgia law or specific Georgia election statutes. However, the question I would pose is: is Georgia a "right to work" state? Another question might be: does Georgia law prohibiting harassment apply to... View More

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Q: Can congress form a city in a state by overriding state and local government
Tim Akpinar
Tim Akpinar
answered on Jun 26, 2021

This question could be beyond the scope of this forum. Congress does have certain enumerated powers granted under Article I, which include collecting taxes, paying debts, providing for the common defense and general welfare, borrowing on the credit of the United States, regulating commerce, etc.... View More

1 Answer | Asked in Election Law and Municipal Law for Oklahoma on
Q: A citizen of 4 years in our town did not transfer her voting location. Can she still run for City Council in our town
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 16, 2021

The specific answer to your question is too complicated to be answered on a forum such as this. To answer this question, you would need to review the municipal code's laws governing eligibility to run for city council in your town--presumably there is a residency requirement---and assuming... View More

1 Answer | Asked in Election Law and Employment Discrimination for Florida on
Q: How can I get the work I did for and get paid? I just want what was offered to me, what I worked for.

My husband and I moved to Tampa because one of his friends was opening a restaurant, he offered him a partnership, but after us working for almost two months, he gave both of us a W2. Then we realized it was never his intention to treat us as equals. The biggest problem is me, he told me that he... View More

Mitchell Feldman
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Mitchell Feldman
answered on Apr 23, 2021

You should be paid for all hours worked and at rates which are both consistent with the FLSA, and florida wage law and per any contractual promise. You have rights. Find a wage and hour lawyer or reach out to us. Most wage and hour employees, employment lawyers will be glad to review all of... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma on
Q: When the United States Supreme court says there no standing to take up a case what are they saying.
Jessica Brown
Jessica Brown
answered on Apr 13, 2021

Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... View More

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?

I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 15, 2021

You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, "If you sue me, bad things about you will be revealed", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to... View More

Q: I don't believe there is a process for federal referendum or initiatives?

For instance where the initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. - If you started at the state level could the citizens create legislation to have a federal referendum/initiative... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 7, 2021

It doesn’t work that way. There are two separate systems: the federal system, and the state system. There is no federal analog to an initiative process. It is not possible to begin an initiative process in the state and then have it transfer over to the federal level. The United States... View More

1 Answer | Asked in Election Law for Florida on
Q: On the Constitution and election law:

How do I best respond to someone saying: "Apparently EVERYONE missed the fact that ALL early and mail-in ballots were illegally cast and must be void under federal law 2 USC 7 and 3 USC 1." ?

I've searched for an adequate answer but cannot find one.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2021

Start by reading the pertinent federal statutes. Try here:

https://www.law.cornell.edu/uscode/text

Keep in mind that most election law is a matter of state law and therefore the US Code might not apply.

1 Answer | Asked in Election Law for Ohio on
Q: under the constitution of the united states since donald trump lost election in 2020 can he re run again in 2024

just trying to settle a debate at the work place.

Drew Chalfant
Drew Chalfant
answered on Jan 11, 2021

Yes. The 22nd Amendment, ratified by the states in 1951, sets forth the two-term limit standard. It was a reaction to Franklin Roosevelt's FOUR election victories ('32, '36, '40, and '44). He served a portion of his fourth term until his death in office in 1945.... View More

1 Answer | Asked in Election Law for Missouri on
Q: Sold land with owner finance. Buyer is late on payments for 6 consecutive months but has always caught up.

We’re afraid he’s not going to catch up at some point. How can we default him and get the property back?

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 9, 2020

First, I suggest that you revise the information you entered. You indicated that you are in Kansas but post your question as an election law question in Missouri.

If there has been a breach of contract then confer with a local attorney experienced in such cases, especially real estate...
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1 Answer | Asked in Election Law for Florida on
Q: Can I sue the Supreme court for not flipping election to Trump. 522 us 67 Foster v. Love 1997
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 8, 2020

No, you can't sue the Supreme Court on the basis of that case. But if you can show that one or more states has violated federal statute, it might be possible to sue those states, provided that you do it before the "safe harbor" deadline which will happen in a few days.

1 Answer | Asked in Domestic Violence and Election Law for Kentucky on
Q: If a judge is not reelected, can their cases be overturned? i.e. a DVO.

I am asking for a friend. They were granted a DVO from their abusive boyfriend back in May. The boyfriend will not stop retaliating and now his lawyer is trying to have my friend's DVO overturned because the judge was not reelected in the past election. I was wondering if this would be applicable.

Timothy Denison
Timothy Denison
answered on Nov 18, 2020

They can be overturned but it doesn’t happen frequently.

1 Answer | Asked in Tax Law, Constitutional Law and Election Law for Texas on
Q: I'm 17 and I have a job. How come my paycheck gets taxed if I can't vote? Is that taxation without representation?
Steven J. Fromm
Steven J. Fromm
answered on Nov 17, 2020

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

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