Election Law Questions & Answers by State

Election Law Questions & Answers

Q: If I think voter fraud has occurred at my local precinct, who do I speak to about this to ensure it's looked into?

1 Answer | Asked in Election Law for Texas on
Answered on Sep 13, 2017

I'd talk to the County Clerk, unless you think that's the source of the fraud. Perhaps then turn to your State's Attorney. If you don't get any traction, you might raise the issue with the chairman of the county party adversely impacted by the fraud. They may be able to get more traction in pursuing it and put more resources into getting at the truth.

That said, actual voter fraud is extremely rare.
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Q: The campaign workers for one candidate in my town have been stealing political mailers sent out by the other candidate.

2 Answers | Asked in Election Law for Illinois on
Answered on Sep 12, 2017

Yes they can get in trouble.

Theft, trespass.

Usual trouble is in catching them in the act.
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Q: Can a local full-time paid fire chief serve as an elected school board official in that same jurisdiction?

1 Answer | Asked in Education Law, Election Law, Gov & Administrative Law and Municipal Law for Michigan on
Answered on Aug 30, 2017

I don't see why not. I'm unaware of any fire chief being an elected position, and so there is no conflict by holding two different elected positions. More importantly, in most cases, the school district (and its board) is a separate and distinct entity from the local government. It's really no different from any other city employee being elected to the school board. The answer would be different, of course, if a school district employee were to be elected to the school board - a clear conflict.
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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

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...
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Q: I went to vote in last November's general election and one of the precinct workers asked my political affiliation before

1 Answer | Asked in Election Law for Illinois on
Answered on Aug 1, 2017

There is no such thing as political affiliation in Illinois.

Whenever there is a primary election the voter can request the ballot of any of the parties.

The precinct workers know which ballot you requested in the past, which is public information.

There is no reason they would ask the question unless there was confusion with your registration and they were double checking on who you were.
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Q: If I've registered to vote and am turned away for lack of proof at my local precinct, what can I do to prove I'm

1 Answer | Asked in Election Law for Illinois on
Answered on Jul 10, 2017

The local precinct computer is tied to county clerk's computer.

If it shows you are not registered, then you aren't.

Some people think they are registered but aren't because all proper steps were not taken to get registered.
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Q: Can I stand outside a Target to ask people to sign a petition?

1 Answer | Asked in Election Law for Illinois on
Answered on Jun 23, 2017

If they let you.
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Q: Can a candidate switch parties during an election?

1 Answer | Asked in Election Law for Florida on
Answered on Jun 17, 2017

Yes, but I'm guessing your question relates to such things as whether the candidate will remain on the ballot.
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Q: What are the laws about standing outside a polling place holding a sign for your candidate?

1 Answer | Asked in Election Law for Illinois on
Answered on May 26, 2017

Call the County Clerk Elections Division about the number of feet you have to be away from the polling place.
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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

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

1 Answer | Asked in Election Law for California on
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 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...
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Q: Are felons allowed to vote in Illinois?

1 Answer | Asked in Election Law for Illinois on
Answered on May 5, 2017

Not while they are in prison.

Otherwise, yes.
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Q: Is it legal to make a song about killing the president?

1 Answer | Asked in Civil Rights, Constitutional Law, Election Law and Federal Crimes for Wisconsin on
Answered on Apr 24, 2017

The short answer is yes. And you do not need a disclaimer. There are hundreds of songs about killing political figures. There is a different between artistry and threats. And there is a different between speech and true threats. I assume you fall squarely within the artistry and First Amendment categories.
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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

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.
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Q: A telecommunications company looking to set up robodialing for a potential gubernatorial candidate in the state of MS.

1 Answer | Asked in Communications Law and Election Law for Mississippi on
Answered on Jan 24, 2017

Political prerecorded calls or autodialed calls to cell phones, other mobile services and restricted lines (like hotels and hospitals) are prohibited unless made with the “prior express consent” of the recipient.
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Q: Is network news liable to a viewer/investor/voter if they entered into any contracts based on inaccurate media coverage?

1 Answer | Asked in Business Law, Communications Law, Contracts and Election Law for Rhode Island on
Answered on Dec 20, 2016

No. Fraud requires an intention to defraud, knowingly false statements and a duty of care to the other party. Largely the same for securities law purposes. News media are supposed to be accurate but do not have a legal obligation to investors, voters or even viewers.
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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

Not clear what the question is but the League of Women Voters in your city is a great place to start.

Q: what is the number of signatures needed to petition to go for referendum at a local village, regarding a proposed law

1 Answer | Asked in Election Law and Municipal Law for New York on
Answered on Aug 23, 2016

Check with your local village's charter or similar document, contact local league of women voters.

Q: In a Mayor, Council form of government what are the rules for removal of a mayor or alderman from office?

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Arkansas on
Answered on Aug 23, 2016

Look at your city charter or similar document for starters.

Q: Is it perjury for an indep. candidate to sign the circulator's oath stating he was the sheet circulator but was not?

1 Answer | Asked in Election Law for Georgia on
Answered on Aug 23, 2016

Not perjury per se. It is making a false affidavit which in many states is a different offense. Yes it would invalidate petitions in most states. Note that there is a deadline for filing objections to petitions .

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