Election Law Questions & Answers by State

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Election Law Questions & Answers

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.
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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.
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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.
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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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Q: Does Idaho allow write in vote for presidential candidate who ran during the primary election & won delegates?

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

I believe on a ballot you can write in any person you want. However that in all liklihood won't get him electors for the Electoral College. Suggest you talk to the Idaho League of Women Voters.
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Q: How can a write-in candidate qualify for a general election?

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

Yes. By getting sufficient write in votes to win. Qualifications are usually US citizen unless it is for Congress. How?Basically have people at each polling place in the district(s) that vote ask voters to, by knocking on doors and showing that the person is motivated and organized.
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Q: Can I post a US election commentary/creative project as a foreign national?

1 Answer | Asked in Election Law and Internet Law on
Answered on Jun 24, 2016

Easiest way is to ask the FEC. However foreign nationals have the opportunity to make promotional videos--which is what you seem to be doing---and if it supports a campaign it's not different.You may be thinking of donations or coordinated efforts. You are essentially a "volunteer" unknown to the campaign. But ask the FEC.

Q: My ex has a campaign sign in her front yard for the GAL that is currently acting as gal in our active case.

1 Answer | Asked in Election Law for Indiana on
Answered on Jun 24, 2016

Assuming the GAL is running for office, nothing wrong with ex expressing her 1st amendment right--as is your right.

Q: What say you about this?: Now that he's guarded by the Secret Service, it is illegal to disrupt Trump's rallies http://i

1 Answer | Asked in Election Law for New York on
Answered on Jun 24, 2016

Secret Service being on sight doesn't change the rules. People can protest if not disruptive, if it is an event open to the public. The public doesn't have a right to enter private events. As to the optics that would depend on individual facts--if there was an articulable concern for the individual on a safety basis, no as to secret service, as a general proposition.

Q: Is it a violation of FEC law for profits made from selling a specific t-shirt to be donated to a specific candidate?

1 Answer | Asked in Election Law for California on
Answered on Jun 24, 2016

They are saying they will donate profits to the candidate, so I don't see that it's a violation. However why not ask the FEC?
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Q: Can a US city police department actively show support for candidates in a mayor election campaign?

1 Answer | Asked in Election Law and Municipal Law for California on
Answered on Jun 24, 2016

Generally civil service rules prohibit that. A lot depends on what you mean by "show support." Discuss your concerns with the League of Women Voters for your state.
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Q: Do workers voting rights count for a state caucus as well?

1 Answer | Asked in Election Law for Colorado on
Answered on Mar 1, 2016

Good question. The provision is CRS 1-7-102 (link: http://www.intotolegal.com/upcoming%20Events/Forms.html ). The short answer is that section 102 applies to "an election" and the Title 1 (Elections) makes no distinction between primary, congressional, presidential or local voting. Look at the section for details, but employees are generally allowed 2 hours to vote (with pay and without punishment). Employers can be penalized for refusing to allow employees to vote (there are some restrictions).

Q: If a Colorado Judge has been retained on the bench via a fraudulent retention process, not in accord with Statute;

1 Answer | Asked in Election Law for Colorado on
Answered on Dec 27, 2015

You are welcome to file a complaint with the Colorado Election Board. Be aware that the period to challenge the election has likely past. Regardless, even if you successfully challenged the election, the judge's rulings would still be valid.

Q: A County Republican Executive Committee has created an addition stipulation through a provision in the CCREC

1 Answer | Asked in Election Law for Florida on
Answered on Aug 9, 2015

This question would require research on my part, and probably on most attorney's parts.

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