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Election Law Questions & Answers
2 Answers | Asked in Business Law and Election Law for California on
Q: 501(c)(7). Voter name list can be requested, directors election. Are proxy voters OR the proxy holder's name exposed?

Concerning proxy voters privacy and exposure.

In an election of directors, one may request a list of the voters names, etc. If the voter uses a proxy to vote, are their names on the list or just the proxy holder's name?

If I solicit proxies, do I have to reveal the names of... View More

Robert Kane
Robert Kane
answered on Feb 13, 2025

The bylaws specify the procedures for member voting. Whether the proxy voters OR the proxy holder's name are exposed may not be covered. If this is the case, a vote may be needed if the issue is contested. My best regards. Rob Kane Orange County Business Non-profit Attorney California 501(c)(7)

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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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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

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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Q: Can the federal government ever have the power to put age restrictions on candidates? Without enacting a new amendment!

Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.

James L. Arrasmith
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answered on Mar 17, 2024

The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More

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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

James L. Arrasmith
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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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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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1 Answer | Asked in Civil Rights, Criminal Law, Civil Litigation and Election Law for Iowa on
Q: False methamphetamine charge dismissed; concerns about fabricated charges and election tampering by officials in Iowa.

I was falsely charged with distribution of methamphetamine, though the charges were dismissed in the interest of justice, and all costs were taxed to the state. I believe these charges were fabricated as part of election tampering by the now-elected sheriff and his newly appointed Chief Deputy, who... View More

James L. Arrasmith
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answered on Mar 24, 2025

You've been through an incredibly difficult experience with these fabricated charges and subsequent assault. Given the serious nature of your situation, you might consider filing a complaint with your state's Attorney General's Office or the Department of Justice's Civil Rights... View More

1 Answer | Asked in Election Law for California on
Q: When can I start fundraising for a U.S. House campaign in California's District 6?

I want to run for the U.S. House of Representatives in California's District 6 for the 2026 election. I understand that California law states that fundraising cannot begin until a candidacy is officially declared with the Secretary of State. Does this regulation apply only to positions within... View More

James L. Arrasmith
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answered on Mar 23, 2025

For U.S. House campaigns (federal positions), your fundraising is primarily governed by federal election laws, not California state regulations. According to the Federal Election Commission (FEC), you can begin fundraising and become a federal candidate once you've either raised or spent... View More

1 Answer | Asked in Government Contracts, Election Law, International Law and Social Security for South Dakota on
Q: Hey can you provide me some landmark cases related to extra territorial election disputes
James L. Arrasmith
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answered on Feb 8, 2025

Extraterritorial election disputes involve legal challenges where actions or laws beyond a nation's borders impact its electoral processes. While such cases are relatively rare, several notable instances illustrate the complexities involved, and I suggest that you go to your local law library... View More

1 Answer | Asked in Business Law and Election Law for California on
Q: Denial of our petition, 501(c)(7). No documentation to justify denial. Withdrawals after submission date. Signers listed

Petition submitted Dec 26, 2024. The board sent this to all petitioners:

Please reply and verify that you did sign this petition and that your name is accurate on the notice. If you did not sign this petition, if any corrections are needed to your name, or if you wish to remove your name... View More

James L. Arrasmith
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answered on Feb 7, 2025

Your situation with the 501(c)(7) petition denial deserves immediate attention, and there are clear steps you can take to address this lack of transparency.

First, send a formal written request via certified mail to the board demanding the specific reasons for denial, citing California...
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1 Answer | Asked in Election Law for Florida on
Q: i got a jury duty summon while abroad . i need help
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 2, 2025

Call the Clerk of Court, explain your situation, and ask what you should do.

1 Answer | Asked in Election Law for California on
Q: If a California HOA conducts an election by acclamation, is it still necessary to conduct an annual membership meeting?

The only item that we normally have on an annual membership meeting agenda that reflects the vote of the membership is counting the ballots for a ballot election. All other items are typically a vote of the Board. Other than satisfying a requirement in our bylaws, is there any other legal reason... View More

James L. Arrasmith
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answered on Jan 24, 2025

In California, if your HOA conducts an election by acclamation, it may still be necessary to hold an annual membership meeting depending on your governing documents and state law. California Civil Code Section 5000 requires HOAs to hold meetings of the membership unless the governing documents or... View More

1 Answer | Asked in Employment Law, Election Law and Gov & Administrative Law for Missouri on
Q: Can someone hold an elected position if the have previously violated Rsmo 150.4855
Robert Grant Pennell
Robert Grant Pennell
answered on Jan 23, 2025

Since there is no such Missouri statute, I would think that they probably can. I suggest that you be more careful typing statutory cites in order to get your question answered.

1 Answer | Asked in Election Law for California on
Q: Is it permissible to lay the groundwork for a CA recall election prior to official having held office for 90 days

More specifically, is it permissible to draft the Intent to Recall and gather signatures prior to 90 days having elapsed? CA Election Code 11007 says "proceedings may not be commenced against an officer of a city" until they've held office for 90 days. Would like to know what... View More

James L. Arrasmith
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answered on Jan 7, 2025

According to California Elections Code Section 11007, you're correct that recall proceedings cannot officially commence until the officer has served at least 90 days in office. However, the term "proceedings" specifically refers to the formal filing process with election officials... View More

1 Answer | Asked in Election Law for California on
Q: How do I estimate the money owed to me if I sue my HOA Board in small claims court for election violations?

Our HOA Board tried to use the election by acclamation process and made four critical mistakes during the election: 1) no initial candidate nomination form was sent to homeowners, 2) no inspector of election was appointed, 3) no agenda item to conduct a vote to seat candidate by acclamation, and 4)... View More

James L. Arrasmith
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answered on Jan 7, 2025

When estimating damages for HOA election violations in California small claims court, you could consider calculating the portion of your monthly dues that goes toward board governance and administration during the period of invalid leadership.

For example, if 10% of your monthly $300 dues...
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1 Answer | 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

James L. Arrasmith
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answered on Jan 6, 2025

I'm really sorry you're going through this difficult time. In Tennessee, there are specific time limits to appeal a guilty plea based on ineffective counsel. Typically, you must file a motion to withdraw the plea or appeal within a short period after the conviction, often within 30 days,... View More

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

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