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0 Answers | Asked in Civil Rights, Election Law, Civil Litigation, White Collar Crime and Criminal Law for Illinois on
Q: Does Elon Musk have immunities against civil action in Illinois for election-related fraud?

I am concerned about a situation involving Elon Musk and potential violations of 815 ILCS 505/2. I have evidence, including articles, media, and social media recordings, indicating he may have subverted the general election by offering cash to voters for personal gain. This act has directly harmed... View More

0 Answers | Asked in Elder Law and Election Law for Kansas on
Q: Can a mentally incompetent person legally vote after being declared so in Kansas?

In 2022, a person in a nursing home was declared mentally incompetent, and a durable power of attorney was activated to make all decisions, including nursing home placement. Despite this, the individual signed a contract that the durable power of attorney successfully voided. However, the same... View More

1 Answer | Asked in Election Law and Civil Rights for California on
Q: Why are gathering rules around ballot drop-off boxes not stricter in CA?

Why are people allowed to linger near ballot drop-off boxes despite rules requiring a certain distance, and shouldn't there be a longer length between harassers and drop-off ballots to prevent voter intimidation?

James L. Arrasmith
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answered on Mar 31, 2025

In California, the law establishes a 100-foot "no electioneering" zone around ballot drop boxes, just as it does for polling places. Within this zone, various activities are prohibited, including asking someone to vote for or against any candidate, displaying candidate names or logos,... View More

1 Answer | Asked in Election Law for California on
Q: When can I start fundraising for a U.S. House campaign in California's District 6?

I want to run for the U.S. House of Representatives in California's District 6 for the 2026 election. I understand that California law states that fundraising cannot begin until a candidacy is officially declared with the Secretary of State. Does this regulation apply only to positions within... View More

James L. Arrasmith
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answered on Mar 23, 2025

For U.S. House campaigns (federal positions), your fundraising is primarily governed by federal election laws, not California state regulations. According to the Federal Election Commission (FEC), you can begin fundraising and become a federal candidate once you've either raised or spent... View More

1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Election Law for Iowa on
Q: False methamphetamine charge dismissed; concerns about fabricated charges and election tampering by officials in Iowa.

I was falsely charged with distribution of methamphetamine, though the charges were dismissed in the interest of justice, and all costs were taxed to the state. I believe these charges were fabricated as part of election tampering by the now-elected sheriff and his newly appointed Chief Deputy, who... View More

James L. Arrasmith
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answered on Mar 24, 2025

You've been through an incredibly difficult experience with these fabricated charges and subsequent assault. Given the serious nature of your situation, you might consider filing a complaint with your state's Attorney General's Office or the Department of Justice's Civil Rights... View More

1 Answer | Asked in Business Law and Election Law for California on
Q: Denial of our petition, 501(c)(7). No documentation to justify denial. Withdrawals after submission date. Signers listed

Petition submitted Dec 26, 2024. The board sent this to all petitioners:

Please reply and verify that you did sign this petition and that your name is accurate on the notice. If you did not sign this petition, if any corrections are needed to your name, or if you wish to remove your name... View More

James L. Arrasmith
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answered on Feb 7, 2025

Your situation with the 501(c)(7) petition denial deserves immediate attention, and there are clear steps you can take to address this lack of transparency.

First, send a formal written request via certified mail to the board demanding the specific reasons for denial, citing California...
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2 Answers | Asked in Business Law and Election Law for California on
Q: 501(c)(7). Voter name list can be requested, directors election. Are proxy voters OR the proxy holder's name exposed?

Concerning proxy voters privacy and exposure.

In an election of directors, one may request a list of the voters names, etc. If the voter uses a proxy to vote, are their names on the list or just the proxy holder's name?

If I solicit proxies, do I have to reveal the names of... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

The bylaws specify the procedures for member voting. Whether the proxy voters OR the proxy holder's name are exposed may not be covered. If this is the case, a vote may be needed if the issue is contested. My best regards. Rob Kane Orange County Business Non-profit Attorney California 501(c)(7)

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1 Answer | Asked in Government Contracts, Election Law, International Law and Social Security for South Dakota on
Q: Hey can you provide me some landmark cases related to extra territorial election disputes
James L. Arrasmith
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answered on Feb 8, 2025

Extraterritorial election disputes involve legal challenges where actions or laws beyond a nation's borders impact its electoral processes. While such cases are relatively rare, several notable instances illustrate the complexities involved, and I suggest that you go to your local law library... View More

1 Answer | Asked in Election Law for Florida on
Q: i got a jury duty summon while abroad . i need help
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2025

Call the Clerk of Court, explain your situation, and ask what you should do.

1 Answer | Asked in Election Law for California on
Q: If a California HOA conducts an election by acclamation, is it still necessary to conduct an annual membership meeting?

The only item that we normally have on an annual membership meeting agenda that reflects the vote of the membership is counting the ballots for a ballot election. All other items are typically a vote of the Board. Other than satisfying a requirement in our bylaws, is there any other legal reason... View More

James L. Arrasmith
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answered on Jan 24, 2025

In California, if your HOA conducts an election by acclamation, it may still be necessary to hold an annual membership meeting depending on your governing documents and state law. California Civil Code Section 5000 requires HOAs to hold meetings of the membership unless the governing documents or... View More

1 Answer | Asked in Employment Law, Election Law and Gov & Administrative Law for Missouri on
Q: Can someone hold an elected position if the have previously violated Rsmo 150.4855
Robert Grant Pennell
Robert Grant Pennell
answered on Jan 23, 2025

Since there is no such Missouri statute, I would think that they probably can. I suggest that you be more careful typing statutory cites in order to get your question answered.

1 Answer | Asked in Election Law for California on
Q: Is it permissible to lay the groundwork for a CA recall election prior to official having held office for 90 days

More specifically, is it permissible to draft the Intent to Recall and gather signatures prior to 90 days having elapsed? CA Election Code 11007 says "proceedings may not be commenced against an officer of a city" until they've held office for 90 days. Would like to know what... View More

James L. Arrasmith
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answered on Jan 7, 2025

According to California Elections Code Section 11007, you're correct that recall proceedings cannot officially commence until the officer has served at least 90 days in office. However, the term "proceedings" specifically refers to the formal filing process with election officials... View More

1 Answer | Asked in Election Law for California on
Q: How do I estimate the money owed to me if I sue my HOA Board in small claims court for election violations?

Our HOA Board tried to use the election by acclamation process and made four critical mistakes during the election: 1) no initial candidate nomination form was sent to homeowners, 2) no inspector of election was appointed, 3) no agenda item to conduct a vote to seat candidate by acclamation, and 4)... View More

James L. Arrasmith
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answered on Jan 7, 2025

When estimating damages for HOA election violations in California small claims court, you could consider calculating the portion of your monthly dues that goes toward board governance and administration during the period of invalid leadership.

For example, if 10% of your monthly $300 dues...
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Q: I have a question about IEP program.

My son had an evaluation in 6th grade elementary. He tested to be average/normal and it was dtermined he is not eligible. He is now in Jr. High and we have an upcoming IEP annual meeting. He is in special needs class and being monitored. They have lowered his education standards regardless to the... View More

James L. Arrasmith
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answered on Dec 17, 2024

Your concerns about your son's educational placement are valid and deserve attention. If your son was found ineligible for IEP services through formal evaluation, the school should not be placing him in special needs classes or modifying his educational standards without proper documentation... View More

1 Answer | Asked in Criminal Law, Election Law and Federal Crimes for Tennessee on
Q: In the state of Tennessee how long does a plea of guilty have to appeal due to ineffective counsel?

There was no evidence submitted by the attorney as to who’s gun the child used to harm himself. He was young and afraid the attorney would not speak to us after paying him 50k only the Defendant. Savings exhausted I just need some guidance on what are the next steps

James L. Arrasmith
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answered on Jan 6, 2025

I'm really sorry you're going through this difficult time. In Tennessee, there are specific time limits to appeal a guilty plea based on ineffective counsel. Typically, you must file a motion to withdraw the plea or appeal within a short period after the conviction, often within 30 days,... View More

1 Answer | Asked in Election Law for California on
Q: Are the Board election results void if our management company acted as the inspector of election?

Our management company has provided multiple services to our HOA for many years. During the last Board election cycle, our Board did not appoint an inspector of election (IOE). Apparently the Board did not know the IOE has to play a critical role in CA civil code 5103 - election by acclamation.... View More

James L. Arrasmith
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answered on Dec 11, 2024

Your concern about the election validity is well-founded, as California Civil Code 5110 explicitly prohibits management companies from serving as election inspectors for HOA elections.

Since your management company made determinations about the election by acclamation process without a...
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1 Answer | Asked in Child Support, Election Law, Gov & Administrative Law and Education Law for California on
Q: Can a teacher ask a 1st graders to openly state whom they support on presidential elections?

Teacher asked 1st graders whom they support Kamala or Trump and asked why.

My daughter was the only one who said she supports candidate X.

She had no knowledge about elections except what her mother said her without thinking a day before.

I worry now the daughter will be... View More

James L. Arrasmith
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answered on Nov 15, 2024

This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.

First graders are...
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2 Answers | Asked in Election Law for California on
Q: Hello I work for a Fire department in El Dorado County. Our candidate we were endorsing died on Saturday.

We were told conflicting things. One that it goes to the next highest person with votes. Or if the deceased were to get the majority the seat stays open and there is a special election or board appointed. Can you please clarify.

Robert Kane
Robert Kane
answered on Nov 4, 2024

Hidahl stepped down this election cycle as District 1 Supervisor — representing western swaths of El Dorado County, including El Dorado Hills — after terming out of the post he first was elected to in 2016.

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1 Answer | Asked in Election Law and Gov & Administrative Law for Minnesota on
Q: Looking for forms or ways to write a petition for 204B.44 ERRORS AND OMISSIONS; REMEDY in MN

Not sure if there is a form to fill out that I can not find out if there is a template for a way to write one up.

Robert Kane
Robert Kane
answered on Oct 30, 2024

I am confident there is no form petition for 204B.44. As a practical matter, this petition should be supported by group of citizens and not just an individual. Obviously, I don't know if your petition has merit or is merely a frivolous attempt to disrupt the election. So I will not provide... View More

1 Answer | Asked in Election Law for California on
Q: What criteria must county elections set prior to Election Day to evaluate voter intent? Is there a State criteria?

Our County Elections office has refused to accept the write-in candidate's proposed list of alternative spellings for his name, and will be using two teams of evaluators to independently decide if the voter intent is clear when the ballots are processed. The County Clerk will make the final... View More

James L. Arrasmith
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answered on Oct 26, 2024

I recommend visiting CanIVote.org where you'll find the latest information from your state or local election authority.

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