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Election Law Questions & Answers
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... Read 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... Read more »

1 Answer | Asked in Election Law for Florida on
Q: On the Constitution and election law:

How do I best respond to someone saying: "Apparently EVERYONE missed the fact that ALL early and mail-in ballots were illegally cast and must be void under federal law 2 USC 7 and 3 USC 1." ?

I've searched for an adequate answer but cannot find one.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 2, 2021

Start by reading the pertinent federal statutes. Try here:

https://www.law.cornell.edu/uscode/text

Keep in mind that most election law is a matter of state law and therefore the US Code might not apply.

1 Answer | Asked in Election Law for Ohio on
Q: under the constitution of the united states since donald trump lost election in 2020 can he re run again in 2024

just trying to settle a debate at the work place.

Drew Chalfant
Drew Chalfant answered on Jan 11, 2021

Yes. The 22nd Amendment, ratified by the states in 1951, sets forth the two-term limit standard. It was a reaction to Franklin Roosevelt's FOUR election victories ('32, '36, '40, and '44). He served a portion of his fourth term until his death in office in 1945.... Read more »

1 Answer | Asked in Election Law for Missouri on
Q: Sold land with owner finance. Buyer is late on payments for 6 consecutive months but has always caught up.

We’re afraid he’s not going to catch up at some point. How can we default him and get the property back?

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Dec 9, 2020

First, I suggest that you revise the information you entered. You indicated that you are in Kansas but post your question as an election law question in Missouri.

If there has been a breach of contract then confer with a local attorney experienced in such cases, especially real estate...
Read more »

1 Answer | Asked in Election Law for Florida on
Q: Can I sue the Supreme court for not flipping election to Trump. 522 us 67 Foster v. Love 1997
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 8, 2020

No, you can't sue the Supreme Court on the basis of that case. But if you can show that one or more states has violated federal statute, it might be possible to sue those states, provided that you do it before the "safe harbor" deadline which will happen in a few days.

1 Answer | Asked in Domestic Violence and Election Law for Kentucky on
Q: If a judge is not reelected, can their cases be overturned? i.e. a DVO.

I am asking for a friend. They were granted a DVO from their abusive boyfriend back in May. The boyfriend will not stop retaliating and now his lawyer is trying to have my friend's DVO overturned because the judge was not reelected in the past election. I was wondering if this would be applicable.

Timothy Denison
Timothy Denison answered on Nov 18, 2020

They can be overturned but it doesn’t happen frequently.

1 Answer | Asked in Tax Law, Constitutional Law and Election Law for Texas on
Q: I'm 17 and I have a job. How come my paycheck gets taxed if I can't vote? Is that taxation without representation?
Steven J. Fromm
Steven J. Fromm answered on Nov 17, 2020

The income tax code is not tied into voting. Think of childhood stars who had very large income (Michael Jackson, Stevie Wonder, Shirley Temple, etc.) They all paid tax on their income even if they could not vote.

1 Answer | Asked in Adoption, Election Law, Family Law and Gov & Administrative Law for Kentucky on
Q: My brother is 24 years old the state got guardianship over here can he go to jail if he runs to a different state

They try to say he me mental but he not he just don't spell good

Timothy Denison
Timothy Denison answered on Oct 17, 2020

No. He cannot go to jail.

1 Answer | Asked in Election Law for Tennessee on
Q: Where is the statute that majority party candidates are listed first on TN’s general election?

I was told by TN Secretary of State office that majority party candidates are listed first on general election ballots. I cannot find the legal justification for this. Can you direct me to it? Thank you

Bennett James Wills
Bennett James Wills answered on Sep 25, 2020

TCA § 2-5-208

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Florida on
Q: How can I place an item to be voted on in a city?

I would like to change the laws of the municipality by placing it on the ballot for the upcoming elections.

Charles M.  Baron
Charles M. Baron answered on Sep 14, 2020

You must find out whether your city has a process for petitioning to place a referendum on the ballot (also called initiative petition), and if so, what the petition requirements are (method, number of signatures needed, time restrictions, etc.). I would start out by calling the City Clerk's... Read more »

3 Answers | Asked in Election Law, Employment Discrimination and Employment Law for Florida on
Q: Are you required to pay your employer back for something when you never signed a contract saying you would?

My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2020

Rather than be concerned about whether you should have to repay your employer you should be more concerned about being terminated if you refuse. Florida employers can terminate employees at any time for any reason.

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2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

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1 Answer | Asked in Election Law and Real Estate Law for Pennsylvania on
Q: What would be the best way to address an HOA election dispute in PA?

It was brought to my attention that one of the previous board members who has now been re-elected for another term was in fact in violation of our rules and regulations prior to the nomination period being closed, which would be a direct contradiction of the amendments that they (previous board)... Read more »

Elizabeth Tarasi
Elizabeth Tarasi answered on Jul 1, 2020

The HOA bylaws govern what procedure you should take. How much are you willing to spend on attorneys fees to fight this?

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 Employment Law, Election Law and Employment Discrimination for Maryland on
Q: I interviewed for a position that is a step above my current job. The woman that was hired has no experience

She is the president of the Board and as such was the appointing authority for the director who conducted the interviews. There is a close personal relationship between the two. Do I have any recourse?

Joseph D. Allen
Joseph D. Allen answered on Jan 29, 2020

There isn't generally a civil cause of action for nepotism or conflict of interest for an aggrieved employee. Depending on who the employer is, there might be an internal grievance procedure. Or, if it can be established that there was discrimination against the employee on the basis of a... Read more »

1 Answer | Asked in Election Law for Texas on
Q: Can an HOA Board inform of opening seats establishing the years of service for each to maintain the staggered terms?

HOA Elections are coming. 3 seats will be available. Because 1 person is stepping down, some recommend new person elected should just work to complete the term. Does new members' right to a 3-year service prevail or should staggered terms be prioritized?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 13, 2020

The by-laws typically control how board members serve so they would control. Usually if a member resigns mid-term then the person replacing them would only serve out the remainder of that term. Staggered terms are in the best interest of the HOA.

1 Answer | Asked in Election Law for Georgia on
Q: If I wear a campaign tshirt for a 2020 candidate while voting in 2019, is that electioneering or otherwise improper?
Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 28, 2019

Yes, it is improper. In the state of Georgia, voters are not permitted to wear campaign related materials, and T-shirts are considered “materials.” It will not matter that you are wearing a shirt for a 2020 candidate and voting in 2019.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in DUI / DWI, Election Law and Gov & Administrative Law for New Jersey on
Q: If a government official is arrested for and convicted of a dui, is that an impeachment or grounds for one?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

A DUI in NJ is a motor vehicle offense not a crime

2 Answers | Asked in Criminal Law, DUI / DWI, Constitutional Law and Election Law for New Jersey on
Q: Can a dui arrest be an impeachment?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Oct 27, 2019

An impeachment for what. I suggest reposting your question with more information

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