Get free answers to your Election Law legal questions from lawyers in your area.
Your current state is Virginia
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 
I was part of a political campaign slate and contributed $1,200. The leader verbally assured me of a higher position within the slate, which turned out to be deceptive, prompting me to leave the team. There was no written agreement regarding my contribution or the promised position. Do I have a... View More
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
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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... View More
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
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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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
answered on Feb 2, 2025
Call the Clerk of Court, explain your situation, and ask what you should do.
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
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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
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.
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
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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
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
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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... View More
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
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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
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
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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
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
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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... View More
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
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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... View More
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.
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.
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.
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
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
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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.
Selective service is required for men to vote yet not for women how is that fair
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answered on Oct 24, 2024
You have every right to seek fairness in the voting process. It's important to clarify that selective service registration is not a requirement for voting in the United States. Men are required to register for the selective service system, but this obligation is separate from their voting... View More
I have recently learned that some states forbid a US citizen from voting if they have been convicted of a felony. I also learned that some states forbid felons to serve on a jury - some forbid serving on a jury after being convicted of a misdemeanor!
Firstly, I'm dumbfounded that... View More
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answered on Oct 16, 2024
I recommend visiting CanIVote.org, where you'll find the latest information from your state or local election authority.
are we today the founders of u.s. knew this & made our form of a republic the best they knew a republic if you could keep it & we couldn't Washington said we would be subverted if the party spirit took over & that's a high act of war in itself this government isn't united... View More
answered on Oct 18, 2024
It sounds like you're raising concerns about the current state of the U.S. government and its alignment with the original vision of a republic. The Founding Fathers, particularly figures like George Washington, warned about the dangers of factions (what we now call political parties) and how... View More
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