Ask a Question

Get free answers to your Election Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Election Law View Questions by State

Your current state is Ohio


U.S. Territories

  • Puerto Rico

Show More States

Election Law Questions & Answers
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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.

View More Answers

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Real Estate Law, Civil Rights and Election Law for Georgia on
Q: In Georgia, USA, can an HoA limit political speech (displaying a sign)?

The HoA Covenants and Restrictions prohibit any sign not explicitly approved by the HoA; however, this provision has been historically, unequally, and inconsistently, enforced.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2024

In Georgia, an HOA can impose restrictions on signage, including political signs, if those rules are laid out in the HOA's Covenants, Conditions, and Restrictions (CC&Rs). However, these restrictions must be applied consistently and fairly to avoid claims of discrimination or selective... View More

1 Answer | Asked in Election Law for California on
Q: What is penalty election investigator does to indict someone submitting 2 ballots for 2 cities regardless of ignorance?

Already emailed to him and he wants me to call for follow up questions if you can advise what is the process and penalty if it is first time by ignorance since I mixed up the ballots papers I saw the questions were for two different cities one forwarded from a previous address not asking about... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2024

It sounds like you're worried about the situation, but try not to panic. Election law investigators are usually focused on intent. If this was an honest mistake, they may take that into account, especially if it’s your first time dealing with such a situation. Your email explaining the... View More

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Hawaii on
Q: What happens to me when I get kicked out from a program?
Tim Akpinar
Tim Akpinar
answered on Sep 20, 2024

A Hawaii attorney could advise best, but your question remains open for a month. It could depend on the program, their rules, applicable laws, and the conduct and circumstances that led to expulsion from the program. Good luck

1 Answer | Asked in Election Law for California on
Q: I accidentally submitted 2 mailed ballots one forwarded from a previous address. Election investigator wants me to call

What is penalty for submitting two ballots for two different cities questions?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2024

If you accidentally submitted two ballots, it's important to address the situation immediately. You should explain the situation clearly when you speak to the election investigator. Since it was an honest mistake, they may ask for more information to understand how the mix-up happened and... View More

1 Answer | Asked in Election Law for California on
Q: What's the legal risk of offering a reward (like a free coffee) for people who have an 'I Voted' sticker?

Which government department can sue us for example?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2024

Offering a reward, like a free coffee, to someone wearing an "I Voted" sticker can pose legal risks under California and federal election laws. This practice could be seen as a form of inducement to vote, which may violate laws that prohibit offering any consideration, monetary or... View More

Q: I need help finding relevant cases for Article II, Sections 3 and 5 for the North Carolina State Constitution.

To Whom It May Concern;

The State of North Carolina has in its Constitution that "No county shall be divided in the formation of a senate district;" and "No county shall be divided in the formation of a representative district;" regarding the North Carolina State... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

To dive deeper into this issue, reviewing these cases and their interpretations of both state and federal requirements will offer valuable insights. You can find these cases through legal research databases or by visiting a law library. This approach will help you understand the legal reasoning and... View More

1 Answer | Asked in Employment Law, Election Law, Gov & Administrative Law and Military Law for Illinois on
Q: Is it prohibited for an active duty US soldier to also hold office as a town/city alderman in Illinois?

I am a federal litigation paralegal and I can't find any information on this. I will be seeking enlistment in either the navy, coast guard, air force, or space force after my FAFSA runs out to repay my student debt and to gain access to the GI bill to do my graduate studies. While in active... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 5, 2024

You are correct to consider the regulations at both the state and federal levels. The federal law, specifically the Hatch Act, does restrict the political activities of certain federal employees, including members of the armed forces. The Hatch Act primarily prohibits active duty military personnel... View More

1 Answer | Asked in Personal Injury, Civil Rights, Election Law and Intellectual Property for Oklahoma on
Q: H Force Wood, County Department and Wood County Circuit Court 2:2024c v 01247 May 24, 2024

Injunction Writ of Mundanus judicial cause for penal damages 12 C.F.R. § 1806.503.

Sec1806-503-books account records and government

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2024

The case you mentioned, involving H Force Wood, the County Department, and the Wood County Circuit Court, seems complex. An injunction writ of mandamus is a court order compelling a government entity or official to perform a duty they are legally obligated to complete. This writ is typically used... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Election Law for Washington DC on
Q: Why does Georgia not allow people to give water who are waiting in line voting? What is their reasoning?

In my opinion I think its an excuse to make voters feel uncomfortable and not vote. But what do they think the reasoning is? And whatever the reasoning is can it really be valid? I understand states have a right to set election laws but anyone can see through this as a way to punish people for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

In 2021, Georgia passed a controversial election law known as SB 202 which, among other provisions, made it a misdemeanor to give food or water to voters waiting in line. The stated reasoning by supporters of the law was to prevent electioneering or attempts to influence voters in line.... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.