Election Law Questions & Answers by State

Election Law Questions & Answers

Q: Can I demand to see the results of a ballot scan after voting?

1 Answer | Asked in Civil Rights, Election Law and Gov & Administrative Law for Florida on
Answered on Nov 7, 2018
Charles M. Baron's answer
The poll workers cannot access the votes, and there would be no way to confirm how you voted, since all votes are anonymous. You can check ALL recorded votes by submitting a public records request to your county elections department. After a certain point in time, all of those paper ballots will become part of the public records.

Q: Do I need to list a political party preference to be able to vote in a primary in Illinois?

1 Answer | Asked in Election Law for Illinois on
Answered on Oct 6, 2018
Ray Choudhry's answer
When you vote at the Primary Election, you must ask for a specific party's ballot.

Later, the records will show that you selected that party's ballot.

These election records are public.

Q: Who oversees polling place violations? The state? County?

1 Answer | Asked in Election Law for Illinois on
Answered on Sep 14, 2018
Ray Choudhry's answer
Usually, both parties can and do have poll watchers.

Q: how to sue an industry association?

1 Answer | Asked in Bankruptcy, Employment Law and Election Law for North Carolina on
Answered on Sep 1, 2018
Timothy Denison's answer
Find where the association was formed and who the service agent is and sue them just like any other entity.

Q: Is there any law against wearing a t-shirt that supports a specific candidate to a polling place in Illinois?

1 Answer | Asked in Election Law for Illinois on
Answered on Aug 29, 2018
Jeremy Wang's answer
Yes - See 10 ILCS 5/7-41

(c) No person shall do any electioneering or soliciting of votes on primary day within any polling place or within one hundred feet of any polling place...

Q: If outgoing officers are contesting an election, who calls and facilitates the meeting at which the contest is heard?

1 Answer | Asked in Election Law for Florida on
Answered on May 23, 2018
Terrence H Thorgaard's answer
That's a very interesting question. There is no authority requiring such a meeting, but if one is desired, and assuming that the bylaws don't cover the issue, the best way to handle it would be for both persons to agree on a procedure. Either one could call for the meeting. Are you asking about a meeting of the board of directors or of the membership? In either case, depending on which side they take regarding the election, directors or officers could possibly refuse to recognize the call...

Q: What is the proper time frame for extradition from county to county in the state of Georgia?

1 Answer | Asked in Election Law, Gov & Administrative Law and Criminal Law for Georgia on
Answered on May 2, 2018
Forrest Clinton Barbour's answer
Every jail has their own policy on how long they will hold someone while awaiting another jurisdiction to come pick them up. The most common amount of time that I see is 10 days. Call the jail and ask.

Q: Is showing display ads at the polling centers on election day legal in PG county MD or the state of Maryland?

1 Answer | Asked in Election Law for Maryland on
Answered on Apr 30, 2018
Terrence M. Nolan's answer
Generally, you can display whatever you have on election day, provided that you remain outside of the boundaries (50 feet? It is marked by the election Judges).

Q: I live in MS. I'm 18. If i move out of MS and buy a house and live in TN, am I a legal adult?

1 Answer | Asked in Child Custody, Civil Rights, Election Law and Juvenile Law for Mississippi on
Answered on Mar 26, 2018
Baskin Lowber Jones' answer
MS judge's blog on the subject:


Q: I noticed a minority getting turned away from my local polling place during the last election.

1 Answer | Asked in Election Law for Illinois on
Answered on Mar 5, 2018
Peter Munsing's answer
Suggest they contact the league of women voters or a civil rights group. It may be they hadn't registered, or were at the wrong poling place etc.

Q: If you took a guilty plea in the state of Mississippi can you get a lawyer to get a sentence reduction?

1 Answer | Asked in Election Law, Gov & Administrative Law and Government Contracts for Mississippi on
Answered on Mar 4, 2018
Arthur Calderon's answer
It is incredibly hard to get a reduction in the sentence after the judge issues his sentencing order, unless very specific requirements are met. You will likely need to consult with an attorney so that he or she can gather additional information to advise you accordingly.

Q: Do I need a valid drivers license in order to vote in the next election? If not, what ID must I bring?

1 Answer | Asked in Election Law for Illinois on
Answered on Oct 27, 2017
Ray Choudhry's answer
The county clerk should give you a voter ID card.

That is what you need.

Otherwise, usually they will accept any form of picture ID.

The Secretary of State issues State ID cards.

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
Josh Rohrscheib's answer
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.

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
Ray Choudhry's answer
Yes they can get in trouble.

Theft, trespass.

Usual trouble is in catching them in the act.

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
Brent T. Geers' answer
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.

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
Ali Shahrestani, Esq.'s answer
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...

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
Ray Choudhry's answer
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.

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
Ray Choudhry's answer
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.

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
Ray Choudhry's answer
If they let you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.