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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

0 Answers | 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

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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0 Answers | Asked in Election Law for South Carolina on
Q: I was charged with the offense (voting/Vandalizing or removing political campaign sign). Code ordinance 07-25-0210 S.C

In law it's speaks about where..it's a charge if campaign sign was in a place allowed..if in place not allowed.. would the above charge sill stand?

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.

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Arkansas on
Q: An I sue the government for gender discrimination for voters

Selective service is required for men to vote yet not for women how is that fair

James L. Arrasmith
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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

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law on
Q: Is there any US Supreme court ruling concerning a state's right to forbid a felon from voting for a president?

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

James L. Arrasmith
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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.

1 Answer | Asked in Election Law, Gov & Administrative Law and Government Contracts for Missouri on
Q: how are we the united states when we aren't a republican form of government we didn't vote for the roman republic how ar

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

Stephen Murray
Stephen Murray
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

2 Answers | Asked in Election Law for Nevada on
Q: Have the DNC & RNC ever been legally recognized in US Constitution &/or legal Federal Election authorities? Yes or No?

Generalized US Constitutional question.

Jennifer Setters
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answered on Oct 3, 2024

The quick response is no; the U.S. Constitution does not officially acknowledge either the Democratic National Committee (DNC) or the Republican National Committee (RNC). As the U.S. Constitution was drafted before political parties as we know them existed, it makes no reference whatsoever of... View More

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1 Answer | Asked in Real Estate Law, Civil Rights and Election Law for Georgia on
Q: In Georgia, USA, can an HoA limit political speech (displaying a sign)?

The HoA Covenants and Restrictions prohibit any sign not explicitly approved by the HoA; however, this provision has been historically, unequally, and inconsistently, enforced.

James L. Arrasmith
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answered on Sep 25, 2024

In Georgia, an HOA can impose restrictions on signage, including political signs, if those rules are laid out in the HOA's Covenants, Conditions, and Restrictions (CC&Rs). However, these restrictions must be applied consistently and fairly to avoid claims of discrimination or selective... View More

1 Answer | Asked in Election Law for California on
Q: What is penalty election investigator does to indict someone submitting 2 ballots for 2 cities regardless of ignorance?

Already emailed to him and he wants me to call for follow up questions if you can advise what is the process and penalty if it is first time by ignorance since I mixed up the ballots papers I saw the questions were for two different cities one forwarded from a previous address not asking about... View More

James L. Arrasmith
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answered on Sep 21, 2024

It sounds like you're worried about the situation, but try not to panic. Election law investigators are usually focused on intent. If this was an honest mistake, they may take that into account, especially if it’s your first time dealing with such a situation. Your email explaining the... View More

1 Answer | Asked in Real Estate Law, Business Law, Election Law and Gov & Administrative Law for Georgia on
Q: Our HOA mgmt. co. broke several bylaw and CC&R rules to elect a puppet board. What are our options as a community?

Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More

1 Answer | Asked in Election Law for California on
Q: I accidentally submitted 2 mailed ballots one forwarded from a previous address. Election investigator wants me to call

What is penalty for submitting two ballots for two different cities questions?

James L. Arrasmith
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answered on Sep 19, 2024

If you accidentally submitted two ballots, it's important to address the situation immediately. You should explain the situation clearly when you speak to the election investigator. Since it was an honest mistake, they may ask for more information to understand how the mix-up happened and... View More

1 Answer | Asked in Election Law for Alabama on
Q: In Alabama, if a city holds a referendum and it fails, how long do they have to wait to hold another one?

Homewood is holding a referendum to vote on hiring a city manager and if it fails to pass, I want to know how long whey will have to wait to hold another one.

James L. Arrasmith
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answered on Oct 6, 2024

In Alabama, if a city holds a referendum and it fails, the city typically has to wait a certain amount of time before holding another one on the same issue. The waiting period is often dictated by local laws or the city charter rather than state law, and it can vary between cities. For most cities,... View More

1 Answer | Asked in Election Law for New Jersey on
Q: My town is holding a Special School Board Election on 9/17/24. The sample ballot provides a bond proposal question.

The bond proposal question includes the BOE acquiring a new building and undertakings to update existing school buildings and an athletic field. What the bond proposal question does not disclose and what the BOE is planning to do is close 2 existing school buildings, in affect omitting this... View More

James L. Arrasmith
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answered on Oct 6, 2024

The omission of critical information, such as the closure of school buildings, from a bond proposal question on a ballot may raise concerns, but whether it's illegal depends on local and state election laws. Election laws generally require that ballot measures provide sufficient information... View More

1 Answer | Asked in Election Law for California on
Q: What's the legal risk of offering a reward (like a free coffee) for people who have an 'I Voted' sticker?

Which government department can sue us for example?

James L. Arrasmith
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answered on Sep 4, 2024

Offering a reward, like a free coffee, to someone wearing an "I Voted" sticker can pose legal risks under California and federal election laws. This practice could be seen as a form of inducement to vote, which may violate laws that prohibit offering any consideration, monetary or... View More

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