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Election Law Questions & Answers
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

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Hawaii on
Q: What happens to me when I get kicked out from a program?
Tim Akpinar
Tim Akpinar
answered on Sep 20, 2024

A Hawaii attorney could advise best, but your question remains open for a month. It could depend on the program, their rules, applicable laws, and the conduct and circumstances that led to expulsion from the program. Good luck

1 Answer | Asked in Employment Law, Election Law, Gov & Administrative Law and Military Law for Illinois on
Q: Is it prohibited for an active duty US soldier to also hold office as a town/city alderman in Illinois?

I am a federal litigation paralegal and I can't find any information on this. I will be seeking enlistment in either the navy, coast guard, air force, or space force after my FAFSA runs out to repay my student debt and to gain access to the GI bill to do my graduate studies. While in active... View More

James L. Arrasmith
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answered on Aug 5, 2024

You are correct to consider the regulations at both the state and federal levels. The federal law, specifically the Hatch Act, does restrict the political activities of certain federal employees, including members of the armed forces. The Hatch Act primarily prohibits active duty military personnel... View More

Q: I need help finding relevant cases for Article II, Sections 3 and 5 for the North Carolina State Constitution.

To Whom It May Concern;

The State of North Carolina has in its Constitution that "No county shall be divided in the formation of a senate district;" and "No county shall be divided in the formation of a representative district;" regarding the North Carolina State... View More

James L. Arrasmith
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answered on Aug 5, 2024

To dive deeper into this issue, reviewing these cases and their interpretations of both state and federal requirements will offer valuable insights. You can find these cases through legal research databases or by visiting a law library. This approach will help you understand the legal reasoning and... View More

Q: Can a Special Town Meeting compel a BOS to allow voters to approve or deny a Housing Production Plan under 40B?

Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board... View More

James L. Arrasmith
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answered on Jul 21, 2024

Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the... View More

1 Answer | Asked in Personal Injury, Civil Rights, Election Law and Intellectual Property for Oklahoma on
Q: H Force Wood, County Department and Wood County Circuit Court 2:2024c v 01247 May 24, 2024

Injunction Writ of Mundanus judicial cause for penal damages 12 C.F.R. § 1806.503.

Sec1806-503-books account records and government

James L. Arrasmith
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answered on Jun 10, 2024

The case you mentioned, involving H Force Wood, the County Department, and the Wood County Circuit Court, seems complex. An injunction writ of mandamus is a court order compelling a government entity or official to perform a duty they are legally obligated to complete. This writ is typically used... View More

2 Answers | Asked in Real Estate Law and Election Law for California on
Q: Am I wrong that once the HOA Board election is certified all the winning board members terms begin and losers end.

• https://oakhillsestates.com/ByLaws_May2019.pdf

• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 3, 2024

Thank you for your question!

A member have a write to inspect the list and object before the vote gets final.

If they ignore your objections, file a complaint with the board. If that does not work, file a complaint with the court. Document everything (communication, statements of...
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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Election Law for Washington DC on
Q: Why does Georgia not allow people to give water who are waiting in line voting? What is their reasoning?

In my opinion I think its an excuse to make voters feel uncomfortable and not vote. But what do they think the reasoning is? And whatever the reasoning is can it really be valid? I understand states have a right to set election laws but anyone can see through this as a way to punish people for... View More

James L. Arrasmith
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answered on Apr 13, 2024

In 2021, Georgia passed a controversial election law known as SB 202 which, among other provisions, made it a misdemeanor to give food or water to voters waiting in line. The stated reasoning by supporters of the law was to prevent electioneering or attempts to influence voters in line.... View More

1 Answer | Asked in Election Law for California on
Q: Hey I just got a letter for California elections code 18700 will I have to pay the fine for not showing up or can I not
James L. Arrasmith
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answered on Mar 22, 2024

Under California Elections Code Section 18700, if you were summoned for election duty and failed to appear, you may be subject to penalties, including fines. The specifics can depend on your situation, such as the reason for your absence and whether it was communicated to the appropriate... View More

1 Answer | Asked in Election Law for Oklahoma on
Q: is it legal to be able to stop people from being on the ballot for the presidential election?
John Michael Frick
John Michael Frick
answered on Mar 5, 2024

Yes, but only if you follow federal election law.

1 Answer | Asked in Contracts, Civil Litigation, Civil Rights and Election Law for Massachusetts on
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.

Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More

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answered on Feb 28, 2024

The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... View More

1 Answer | Asked in Civil Litigation, Election Law, Gov & Administrative Law and Municipal Law for California on
Q: Remedy if our compromised City Council kills a public hearing request on Term Limits that apply only to themselves?

Many residents sent the following to city leaders: Honorable Mayor and Council Members, I would like to request that you lead a discussion designed to place a Term Limit measure for City Council Members on the ballot this November. I request you add this issue to the public agenda of your next... View More

James L. Arrasmith
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answered on Jan 11, 2024

In California, if a city council decides not to hold a public hearing or advance a term limit measure despite public request, residents have several options to consider.

First, it's important to review the city's charter and municipal code. These documents often outline the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Georgia on
Q: In Georgia, if part of a college campus is used as a polling place does HB 280 still apply or is it a gun free zone?

This is assuming that the area of campus being used for polling is not regulated as a weapons free area under Georgia’s Campus Carry Law(HB 280).

James L. Arrasmith
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answered on Nov 9, 2023

Under Georgia law, HB 280 allows individuals with the appropriate license to carry a concealed handgun in certain areas on public college campuses. However, this does not apply to buildings and property used for athletic sporting events or student housing, including fraternity and sorority houses.... View More

1 Answer | Asked in Criminal Law and Election Law for Kentucky on
Q: I received an election mailer called FREE THE VOTE. This is from FICPFM an advocacy organization for convicts.

I am a law abiding citizen and don't like the postal people seeing the implication that I'm not. Any information on what to do.

Timothy Denison
Timothy Denison
answered on Oct 31, 2023

Write them a letter and ask to be removed from their mailing list.

1 Answer | Asked in Election Law on
Q: Good morning, Atty. I just want to ask regarding with exercising the suffrage of the citizens in this incoming election.

What will happen to me if I am a first time voter and cannot able to vote? Is there ramification on that?

T. Augustus Claus
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answered on Oct 24, 2023

If you're a first-time voter unable to vote in an election, the consequences for not voting can vary depending on your local election laws. In some places, there may be no legal penalties, while in others, there could be fines. Check your local regulations, explore options like absentee... View More

1 Answer | Asked in Election Law for Wisconsin on
Q: can our westfield wi town chair person have a court record-where she owed the state of wisconsin considerable money in

income tax and also have small claims court date trying to get her out of office--

T. Augustus Claus
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answered on Oct 18, 2023

In Wisconsin, it's possible for a town chairperson to have a court record related to owing the state income tax or being involved in a small claims court case. Court records are typically public unless sealed by a court order. Such records can potentially impact her position in office, but the... View More

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