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Election Law Questions & Answers
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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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

1 Answer | Asked in Election Law for California on
Q: Are the Board election results void if our management company acted as the inspector of election?

Our management company has provided multiple services to our HOA for many years. During the last Board election cycle, our Board did not appoint an inspector of election (IOE). Apparently the Board did not know the IOE has to play a critical role in CA civil code 5103 - election by acclamation.... View More

James L. Arrasmith
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answered on Dec 11, 2024

Your concern about the election validity is well-founded, as California Civil Code 5110 explicitly prohibits management companies from serving as election inspectors for HOA elections.

Since your management company made determinations about the election by acclamation process without a...
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1 Answer | Asked in Child Support, Election Law, Gov & Administrative Law and Education Law for California on
Q: Can a teacher ask a 1st graders to openly state whom they support on presidential elections?

Teacher asked 1st graders whom they support Kamala or Trump and asked why.

My daughter was the only one who said she supports candidate X.

She had no knowledge about elections except what her mother said her without thinking a day before.

I worry now the daughter will be... View More

James L. Arrasmith
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answered on Nov 15, 2024

This situation raises serious concerns about appropriate classroom conduct and student privacy. Teachers should not ask young children to publicly declare political preferences, as this can lead to discomfort, potential bullying, and unnecessary division among students.

First graders are...
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2 Answers | Asked in Election Law for California on
Q: Hello I work for a Fire department in El Dorado County. Our candidate we were endorsing died on Saturday.

We were told conflicting things. One that it goes to the next highest person with votes. Or if the deceased were to get the majority the seat stays open and there is a special election or board appointed. Can you please clarify.

Robert Kane
Robert Kane
answered on Nov 4, 2024

Hidahl stepped down this election cycle as District 1 Supervisor — representing western swaths of El Dorado County, including El Dorado Hills — after terming out of the post he first was elected to in 2016.

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1 Answer | Asked in Election Law and Gov & Administrative Law for Minnesota on
Q: Looking for forms or ways to write a petition for 204B.44 ERRORS AND OMISSIONS; REMEDY in MN

Not sure if there is a form to fill out that I can not find out if there is a template for a way to write one up.

Robert Kane
Robert Kane
answered on Oct 30, 2024

I am confident there is no form petition for 204B.44. As a practical matter, this petition should be supported by group of citizens and not just an individual. Obviously, I don't know if your petition has merit or is merely a frivolous attempt to disrupt the election. So I will not provide... View More

1 Answer | Asked in Election Law for California on
Q: What criteria must county elections set prior to Election Day to evaluate voter intent? Is there a State criteria?

Our County Elections office has refused to accept the write-in candidate's proposed list of alternative spellings for his name, and will be using two teams of evaluators to independently decide if the voter intent is clear when the ballots are processed. The County Clerk will make the final... View More

James L. Arrasmith
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answered on Oct 26, 2024

I recommend visiting CanIVote.org where you'll find the latest information from your state or local election authority.

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law for Arkansas on
Q: An I sue the government for gender discrimination for voters

Selective service is required for men to vote yet not for women how is that fair

James L. Arrasmith
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answered on Oct 24, 2024

You have every right to seek fairness in the voting process. It's important to clarify that selective service registration is not a requirement for voting in the United States. Men are required to register for the selective service system, but this obligation is separate from their voting... View More

1 Answer | Asked in Election Law, Gov & Administrative Law and Government Contracts for Missouri on
Q: how are we the united states when we aren't a republican form of government we didn't vote for the roman republic how ar

are we today the founders of u.s. knew this & made our form of a republic the best they knew a republic if you could keep it & we couldn't Washington said we would be subverted if the party spirit took over & that's a high act of war in itself this government isn't united... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

It sounds like you're raising concerns about the current state of the U.S. government and its alignment with the original vision of a republic. The Founding Fathers, particularly figures like George Washington, warned about the dangers of factions (what we now call political parties) and how... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Election Law on
Q: Is there any US Supreme court ruling concerning a state's right to forbid a felon from voting for a president?

I have recently learned that some states forbid a US citizen from voting if they have been convicted of a felony. I also learned that some states forbid felons to serve on a jury - some forbid serving on a jury after being convicted of a misdemeanor!

Firstly, I'm dumbfounded that... View More

James L. Arrasmith
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answered on Oct 16, 2024

I recommend visiting CanIVote.org, where you'll find the latest information from your state or local election authority.

1 Answer | Asked in Election Law for New Jersey on
Q: My town is holding a Special School Board Election on 9/17/24. The sample ballot provides a bond proposal question.

The bond proposal question includes the BOE acquiring a new building and undertakings to update existing school buildings and an athletic field. What the bond proposal question does not disclose and what the BOE is planning to do is close 2 existing school buildings, in affect omitting this... View More

James L. Arrasmith
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answered on Oct 6, 2024

The omission of critical information, such as the closure of school buildings, from a bond proposal question on a ballot may raise concerns, but whether it's illegal depends on local and state election laws. Election laws generally require that ballot measures provide sufficient information... View More

1 Answer | Asked in Election Law for Alabama on
Q: In Alabama, if a city holds a referendum and it fails, how long do they have to wait to hold another one?

Homewood is holding a referendum to vote on hiring a city manager and if it fails to pass, I want to know how long whey will have to wait to hold another one.

James L. Arrasmith
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answered on Oct 6, 2024

In Alabama, if a city holds a referendum and it fails, the city typically has to wait a certain amount of time before holding another one on the same issue. The waiting period is often dictated by local laws or the city charter rather than state law, and it can vary between cities. For most cities,... View More

1 Answer | Asked in Real Estate Law, Business Law, Election Law and Gov & Administrative Law for Georgia on
Q: Our HOA mgmt. co. broke several bylaw and CC&R rules to elect a puppet board. What are our options as a community?

Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More

James L. Arrasmith
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answered on Oct 6, 2024

In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More

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