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Election Law Questions & Answers
1 Answer | Asked in Election Law for California on
Q: Re:CA gov't code sect 3205, are there situations where a candidate can receive a political contribution from an employee

Can employees who works with the candidate attend fundraiser events w/out violating section 3205. Can examples be provided on how an employee can contribute to a candidate they work with.

Ali Shahrestani,
Ali Shahrestani,
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... View More

1 Answer | Asked in Communications Law and Election Law for Mississippi on
Q: A telecommunications company looking to set up robodialing for a potential gubernatorial candidate in the state of MS.

What is the legality of setting up a robodialing system for a potential gubernatorial candidate in the state of Mississippi?

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Business Law, Communications Law, Contracts and Election Law for Rhode Island on
Q: Is network news liable to a viewer/investor/voter if they entered into any contracts based on inaccurate media coverage?

Basically if CNN reported false information or shielded information from the public throughout the course of the election while voters selected candidates and investors selected stocks; would CNN be liable? Could they still be liable for misleading the public in the first place or even election... View More

Glenn B. Manishin
Glenn B. Manishin
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.

1 Answer | Asked in Municipal Law and Election Law for California on
Q: I have a question about the The Election Code of the City of Los Angeles.

Election Code states:

Circulation of Recall petitions can begin 28 days after service of the Notice of Intention on the Officer to be recalled if the petition has been approved by the City Clerk.

It does not say MUST begin contingent on approval. It says it CAN begin.

•... View More

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Election Law and Municipal Law for New York on
Q: what is the number of signatures needed to petition to go for referendum at a local village, regarding a proposed law
Peter N. Munsing
Peter N. Munsing
answered on Aug 23, 2016

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

1 Answer | Asked in Election Law, Gov & Administrative Law and Municipal Law for Arkansas on
Q: In a Mayor, Council form of government what are the rules for removal of a mayor or alderman from office?
Peter N. Munsing
Peter N. Munsing
answered on Aug 23, 2016

Look at your city charter or similar document for starters.

1 Answer | Asked in Election Law for Georgia on
Q: Is it perjury for an indep. candidate to sign the circulator's oath stating he was the sheet circulator but was not?

The Independent candidate petitioning has 18 pages of signatures. He signed the sworn Circulator's Affidavit on all 18 pages. We have electors that have signed statements and will testify that he was not the circulator. He has perjured himself. Is this grounds to reject his petition? Can he be... View More

Peter N. Munsing
Peter N. Munsing
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 .

1 Answer | Asked in Election Law for Idaho on
Q: Does Idaho allow write in vote for presidential candidate who ran during the primary election & won delegates?

Ted Cruz won primary votes and delegates, can we vote him as a write in candidate for general elecelection

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Election Law on
Q: How can a write-in candidate qualify for a general election?

Nominated state candidate is disqualified but does not meet criteria for replacement. Can a write-in candidate run for the position and how to qualify?

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Election Law and Internet Law on
Q: Can I post a US election commentary/creative project as a foreign national?

I am a foreign national who has paid for expenses in the creation of a commentary/creative videos that is an example of what a company or political campaign could do to connect social media and grassroots advocacy to further their product, candidate, or service. The videos are in the style of... View More

Peter N. Munsing
Peter N. Munsing
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"... View More

1 Answer | Asked in Election Law for Indiana on
Q: My ex has a campaign sign in her front yard for the GAL that is currently acting as gal in our active case.

Can she legally do that?

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Election Law for New York on
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

What say you about this?: Now that he's guarded by the Secret Service, it is illegal to disrupt Trump's rallies http://interc.pt/1QpMWvB However, I would be very interested to see it directly applied to what has been going on in the past few weeks with Federal Agents removing people... View More

Peter N. Munsing
Peter N. Munsing
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... View More

1 Answer | Asked in Election Law for California on
Q: Is it a violation of FEC law for profits made from selling a specific t-shirt to be donated to a specific candidate?

Basically, if someone sets up an online store to sell a t-shirt (or whatever) and they say "All profits from this will be donated to so-and-so candidate's campaign," are they violating the law?

What about if someone says they will give a discount to anyone that shows proof of... View More

Peter N. Munsing
Peter N. Munsing
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?

1 Answer | Asked in Election Law and Municipal Law for California on
Q: Can a US city police department actively show support for candidates in a mayor election campaign?
Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Election Law for Colorado on
Q: Do workers voting rights count for a state caucus as well?

Does the 2 hour paid voting rights apply to a state caucus?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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... View More

1 Answer | Asked in Election Law for Colorado on
Q: If a Colorado Judge has been retained on the bench via a fraudulent retention process, not in accord with Statute;

1. Does s/he have the right to be on the bench under such a circumstance? 2. Are her/his rulings, orders, judgments valid under such a circumstance?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
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.

1 Answer | Asked in Election Law for Florida on
Q: A County Republican Executive Committee has created an addition stipulation through a provision in the CCREC

Bylaws when Committeemen/women are declared vacant and will be replaced,

i.e.,that they must attend 2/3's of the meetings of the County Executive Committee. Do local RECs have this authority or do not have the authority to create such additional stipulations beyond those circumstances... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 9, 2015

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

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