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California Election Law Questions & Answers
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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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

James L. Arrasmith
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answered on Jun 3, 2024

Based on the information provided and the bylaws you referenced, it seems that there may be some issues with how the board handled the election and subsequent appointments. Here are a few key points:

1. According to your understanding of California law, once the HOA board election is...
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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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2 Answers | Asked in Election Law for California on
Q: How do I report an election code violation for central committee in riverside county?

A member who was registered with a different party was appointed to NW caucus deputy vice chair we did not know he was a member of different party but we want him removed. This individual has now pulled papers to run for central committee but he hasn’t been registered with the party for a year so... View More

James L. Arrasmith
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answered on Nov 30, 2023

To report an election code violation in Riverside County, California, you should contact the Riverside County Registrar of Voters. They handle election-related concerns and can guide you on the appropriate process for filing a complaint.

For the specific issue of a member being registered...
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3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Election Law for California on
Q: Questions regarding legal career

I'm currently a Political Science student at UCLA. I am considering going to law school and I would like to talk to currently practicing lawyers to gain some perspective regarding law school and careers in law. Would appreciate if anyone would be willing to chat :)

James L. Arrasmith
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answered on Mar 8, 2023

Law school is typically a three-year graduate program that prepares students to practice law. Students typically study a range of legal topics, including contracts, torts, property law, civil procedure, criminal law, and constitutional law. In addition to classroom learning, many law schools offer... View More

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1 Answer | Asked in Election Law and Landlord - Tenant for California on
Q: my address is 1100 e 9th st in Bakersfield tomorrow their going to do the lock out cause their saying my address is 901.

but all my mail I receive from the us postal says 1100 e 9th st how can I stop and fight this eviction

James L. Arrasmith
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answered on Jun 11, 2024

I understand you're in a difficult and stressful situation facing a potential eviction. Here are some steps you can take to try to stop or fight the eviction:

1. Gather documentation proving your correct address is 1100 E 9th St, not 901. This includes your lease agreement, utility...
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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 Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Appeals / Appellate Law, Election Law and Gov & Administrative Law for California on
Q: Is there an example from California state La superior court to appeal to change my biased judge and continue trial soon

Is there an example from Ca state La superior court to appeal to change my biased judge and continue trial immediately? My current trial was wrongly decided as a mistrial when defendants attorney (all white ppl) pressured the judge (female Asian like me, my legal team are all Asian), after first... View More

James L. Arrasmith
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answered on Sep 23, 2022

You can put in a motion for a new trial and base it on those grounds.

Q: Can congress form a city in a state by overriding state and local government
Tim Akpinar
Tim Akpinar
answered on Jun 26, 2021

This question could be beyond the scope of this forum. Congress does have certain enumerated powers granted under Article I, which include collecting taxes, paying debts, providing for the common defense and general welfare, borrowing on the credit of the United States, regulating commerce, etc.... View More

Q: I don't believe there is a process for federal referendum or initiatives?

For instance where the initiative process enables citizens to bypass their state legislature by placing proposed statutes and, in some states, constitutional amendments on the ballot. - If you started at the state level could the citizens create legislation to have a federal referendum/initiative... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 7, 2021

It doesn’t work that way. There are two separate systems: the federal system, and the state system. There is no federal analog to an initiative process. It is not possible to begin an initiative process in the state and then have it transfer over to the federal level. The United States... View More

1 Answer | Asked in Election Law and Gov & Administrative Law for California on
Q: How do I lobby by myself? How do I push forward a bill that needs to be passed?
Kevin Christopher Murphy
Kevin Christopher Murphy
answered on Jan 29, 2020

Contact your local County Bar Association and secure guidance from their Legislative Committee. We are submitting a Proposal for consideration, and have found the San Diego County Bar's Legis. Comm. to be extremely helpful in guiding/assisting our office. Good luck!

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,... View More

Gary Kollin
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
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,
Ali Shahrestani,
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/... View 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,
Ali Shahrestani,
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... View More

1 Answer | Asked in Election Law for California on
Q: can election code 18203 be charged as a misdemeanor
Ali Shahrestani,
Ali Shahrestani,
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...
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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,
Ali Shahrestani,
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... View 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.

•... View More

Peter N. Munsing
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.

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