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California Election Law Questions & Answers

1 Answer | Asked in Constitutional Law, Criminal Law and Election Law for California on

Q: What would the corrective be to all the actions resulting from a presidency gained through fraudulent means?

If Trump is found to have gained the presidency as a result of welcoming the help of Russian active measures, the release of stolen DNC documents, breaking campaign finance law, in essence defrauding voters, making him an illegitimate president -- wouldn’t that also make the VP, the First Lady,... Read more »

Gary Kollin answered on Aug 22, 2019

Those are political questions, not legal questions

Q: Can your SSA number be used in any part of the USA State federal coding system? County codes?

This would include birth certificate # address and phone number.

Gary Kollin answered on Oct 18, 2018

I have no understanding as to what you are asking

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1 Answer | Asked in Election Law for California on

Q: Is it legal for workers for one candidate to steal campaign literature of a competitor from doors and porches?

We have video of this occurring in June special election and we were told it is legal which I find hard to believe.

Ali Shahrestani, Esq. answered on Aug 17, 2017

That sounds like an election law violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/... Read more »

1 Answer | Asked in Election Law and Criminal Law for California on

Q: can election code 18203 be a wobbler. charged as a felony or misdemeanor

Ali Shahrestani, Esq. answered on May 9, 2017

See my answer to your identical question. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... Read more »

1 Answer | Asked in Election Law for California on

Q: can election code 18203 be charged as a misdemeanor

Ali Shahrestani, Esq. answered on May 9, 2017

That might be charged as a misdemeanor or felony of election fraud, depending on the facts and DA discretion. The statute reads,

"18203. Any person who files or submits for filing a nomination

paper or declaration of candidacy knowing that it or any part of it

has been...
Read more »

1 Answer | Asked in Election Law for California on

Q: Re:CA gov't code sect 3205, are there situations where a candidate can receive a political contribution from an employee

Can employees who works with the candidate attend fundraiser events w/out violating section 3205. Can examples be provided on how an employee can contribute to a candidate they work with.

Ali Shahrestani, Esq. answered on Jan 25, 2017

Generally, I see no problem with this, unless you fall under certain exceptions re: campaign donations. For example, many people who volunteer for candidates running for political office also donate to their candidate's campaign funds. Talk to an administrative law attorney. The best first step is... Read more »

1 Answer | Asked in Municipal Law and Election Law for California on

Q: I have a question about the The Election Code of the City of Los Angeles.

Election Code states:

Circulation of Recall petitions can begin 28 days after service of the Notice of Intention on the Officer to be recalled if the petition has been approved by the City Clerk.

It does not say MUST begin contingent on approval. It says it CAN begin.

•... Read more »

Peter N. Munsing answered on Aug 23, 2016

Not clear what the question is but the League of Women Voters in your city is a great place to start.

1 Answer | Asked in Election Law for California on

Q: Is it a violation of FEC law for profits made from selling a specific t-shirt to be donated to a specific candidate?

Basically, if someone sets up an online store to sell a t-shirt (or whatever) and they say "All profits from this will be donated to so-and-so candidate's campaign," are they violating the law?

What about if someone says they will give a discount to anyone that shows proof of a donation to... Read more »

Peter N. Munsing answered on Jun 24, 2016

They are saying they will donate profits to the candidate, so I don't see that it's a violation. However why not ask the FEC?

1 Answer | Asked in Election Law and Municipal Law for California on

Q: Can a US city police department actively show support for candidates in a mayor election campaign?

Peter N. Munsing answered on Jun 24, 2016

Generally civil service rules prohibit that. A lot depends on what you mean by "show support." Discuss your concerns with the League of Women Voters for your state.

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