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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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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, 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

2 Answers | Asked in Business Law and Election Law for New York on
Q: Hi, I am a shareholder in co-op building in NYC We didn't have an election for the 4-5 years.

The shareholders lost trust in board directors members

We send a request for special meeting and immediate election , more that 25% of shareholders signed the letter.

The board didn't reply to our request, they just ignore us.

what can we do in such case.

Thank you,

Lola

James L. Arrasmith
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answered on Nov 4, 2023

If the board of your co-op in NYC is not responding to a request for a special meeting and election signed by more than 25% of shareholders, you may need to take further action. Check your co-op's bylaws for specific procedures regarding special meetings and the election of board members. If... View More

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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

1 Answer | Asked in Family Law and Election Law for Washington DC on
Q: I am a shut-in. My husband won't allow me to obtain an ID. What can I do?

I'm 57 yrs old and suffered a medical emergency 3 yes ago. I have been homebound since.

James L. Arrasmith
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answered on Mar 11, 2023

If you are a shut-in and unable to leave your home to obtain an ID, you may still be able to obtain one through alternative methods. One option is to apply for a state ID card by mail or online, if your state offers these options. You may need to provide certain documents, such as a birth... View More

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 for North Carolina on
Q: Do Parties Have To Spend Donations on What They Promise They Will?

In NC, if a Party sends a campaign donation request to voters and says they will spend donations on a specific thing, do they have to spend that money on that particular thing? Or can they spend it on something else instead?

James L. Arrasmith
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answered on Mar 5, 2023

In general, political parties and campaigns are required to use campaign donations for the specific purposes for which they were given. However, the rules regarding the use of campaign funds can vary depending on the state and the type of election.

In North Carolina, the State Board of...
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1 Answer | Asked in Election Law and Municipal Law for Arkansas on
Q: Can a lawyer do something about the nepotism going on at Washington county sheriffs office? Hello

We have proof.

James L. Arrasmith
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answered on Mar 5, 2023

If you have proof of nepotism occurring at the Washington County Sheriff's Office, you may want to consider contacting a lawyer who specializes in employment law or civil rights law.

A lawyer can advise you on the appropriate legal options available to you, which may include filing a...
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1 Answer | Asked in Civil Litigation, Contracts and Election Law for Texas on
Q: As a notary public in the state of Texas, may I rescind a notarization?
John Michael Frick
John Michael Frick
answered on Jan 23, 2023

Rescission is not really applicable in this scenario. The notary public is not usually a party to the substantive instrument notarized. The sole role of the notary is confirming the identity of the individual whose signature is being notarized. That’s accomplished by comparing the... View More

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 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

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

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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
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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 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.

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