California Election Law Questions & Answers

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

1 Answer | Asked in Election Law for California on
Answered on Aug 17, 2017
Ali Shahrestani, Esq.'s answer
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/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and...

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

1 Answer | Asked in Election Law and Criminal Law for California on
Answered on May 9, 2017
Ali Shahrestani, Esq.'s answer
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 law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This...

Q: can election code 18203 be charged as a misdemeanor

1 Answer | Asked in Election Law for California on
Answered on May 9, 2017
Ali Shahrestani, Esq.'s answer
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 made falsely is punishable by a fine not exceeding one

thousand dollars ($1,000) or by imprisonment in the state prison for

16 months or two or three years or by both the fine and...

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

1 Answer | Asked in Election Law for California on
Answered on Jan 25, 2017
Ali Shahrestani, Esq.'s answer
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 an Initial Consultation with an Attorney. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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

1 Answer | Asked in Municipal Law and Election Law for California on
Answered on Aug 23, 2016
Peter N. Munsing's answer
Not clear what the question is but the League of Women Voters in your city is a great place to start.

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

1 Answer | Asked in Election Law for California on
Answered on Jun 24, 2016
Peter N. Munsing's answer
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?

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

1 Answer | Asked in Election Law and Municipal Law for California on
Answered on Jun 24, 2016
Peter N. Munsing's answer
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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