Questions tagged [elections]

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9
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2answers
1k views

Felony codes in Frank Artiles fake campaign case in Miami-Dade

Frank Artiles, a former Florida state representative and senator, was charged with felonies in connection to a scam candidate scheme in Miami Dade County. There was a general question asked about the ...
2
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0answers
68 views

Who, if anyone, has standing to sue over improperly-run elections?

In Wood v. Raffensperger, Wood alleged that the Georgia 2020 general election was invalid due to the defendants conducting their election-related roles in an unconstitutional manner. Like most ...
0
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1answer
33 views

Is there a law limiting how political parties what they can do with superdelegates?

The Constitution says nothing about the presidential nominating process and has had little direct role in the evolution of that process from congressional caucuses to party national conventions to ...
2
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1answer
98 views

Am I legally required to ask information to my housemates and complete Official Household Information Response on their behalf?

I'm Italian and I live in a shared house in the UK. I've received an e-mail from Cambridge City Council electoral services which starts like this: We recently sent a letter to ask householders to ...
3
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3answers
1k views

What would happen to California’s recall effort if the governor resigned?

In California a recall election of Gavin Newsom is underway. If he resigned during the voting, would the election be called off? Would the Lt. Governor become the Governor? If so, how late into the ...
1
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1answer
103 views

Laws regarding behavior while in a polling place waiting line - what is soliciting?

Consider the Georgia Senate Bill SB202 recently passed SB 202 . It includes (Section 33 at pdf page 21, line 1872) No person shall solicit votes in any manner or by any means or method... (This ...
2
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4answers
322 views

Can Congress declare someone guilty of insurrection and bar them from standing for elections, without that being considered a bill of attainder?

A Q&A to a related question on Politics SE quoted the 14th Amendment of the Constitution that: No person shall be a Senator or Representative in Congress, or elector of President and Vice-...
2
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1answer
142 views

How is it legal for the US President's name to appear on aid checks?

Apparently, (soon-former) US President Donald Trump's name appeared on the stimulus checks sent out last year. I guess this is a late question to ask, but - how can this be legal? It makes it appears ...
0
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1answer
108 views

Court transcripts of U.S. trials about claims of voter fraud

When you argue with QAnon proponents online, a common claim is that none of the “evidence” for voter fraud has ever been tried in court, and that this is all just “fake news” made up by the “...
0
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1answer
107 views

What if the US electoral winner drops out?

Someone posted elsewhere, "If I were Biden, I would say 'I know there was fraud' and concede." That's not the same as no majority, so it seems to me it would not make the house decide. But ...
-3
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1answer
102 views

"Trump privately admitting it's over" -- can he be therefore be prosecuted for Raffensperger call?

Not a lawyer, but if this reporting is correct, wouldn't it greatly increase Trump's legal exposure for the call with Brad Raffensperger about "finding 11,780 votes" this past Saturday, ...
2
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1answer
115 views

Impeach Pence if he deviates while counting presidential ballots

If Vice President Pence deviates from simply announcing the ballots from the Electoral College on January 6, 2020, and instead attempts to unilaterally reject some ballots, can the House of ...
26
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1answer
5k views

Is it criminal for POTUS to engage GA Secretary State over Election results?

Given recent headlines regarding the Trump-Raffensperger phone call regarding GA election results, experts like Preet Bharara indicate criminal conduct. If this is true, What exactly would a ...
5
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1answer
172 views

POTUS term limit (hypothetical)

It is frequently said that the current term limit for a US President is 10 years, consisting of inheriting the presidency for a 2 year caretaker term, then elected twice for 8 years, not necessarily ...
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2answers
1k views

Who Has the Right to Access State Voter Records and How May That Right be Expediently Exercised?

A few days ago, I posted this question on the Politics Stack Exchange I am modifying and reposting it here in the hope of receiving a more substantial answer. In the United States, who (individual, ...
2
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0answers
77 views

Have the "alternate elelectors" committed a crime?

Trying to vote in an election without a legal right to do so is a crime. One person in the 2020 US Presidential election was caught trying to use his dead mother's vote, and now faces up to 19 years ...
3
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3answers
3k views

What happens when a state loses so many people that they *have* to give up a house seat and electoral college vote? Who becomes the unlucky loser?

How does one determine who gets "fired" after a mass exodus or catastrophic event that leads to the departure or death of a sizeable portion of people in states that have several ...
0
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0answers
25 views

When do Georgia State Election Board rules become effective?

A recent article in the Georgia Star (a Trump-leaning venue) claims that some emergency rules regarding Georgia's election had expired by Nov 3, because they were voted on in a July 1 meeting and that ...
1
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1answer
68 views

For how long (maximum) are Georgia's state election board emergency rules valid?

It's been the news in the Trump-leaning media that Georgia's RULE 183-1-14-0.6-.14 Secure Absentee Ballot Drop Boxes had expired prior to the Nov election, allegedly because no such emergency rule can ...
2
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1answer
95 views

What constitutes election interference for non-immigrants?

Supposing I am in the US on a non-immigrant visa, what actions on my behalf would constitute election interference? For example, I understand that purchasing election merchandise is illegal, but would ...
0
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1answer
120 views

2020 Election Challenges: after Supreme Court ruling

The US Supreme Court has ruled against hearing 2020 election challenges after ~50+ defeats in lower courts. Does POTUS' lawyers have any other judicial mechanisms to challenge the 2020 election? ...
6
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2answers
262 views

What is the precise legal meaning of "electors" being "appointed"?

Both Article 2 of the US Constitution and 3 USC Chapter 1 talk about "appointing electors". However, 3 USC Chapter 1 clearly refers to the election day (this is when "appointing ...
18
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2answers
4k views

Does Texas have standing to litigate against other States' election results?

https://abcnews.go.com/Politics/states-blast-texas-bid-overturn-election-seditious-abuse/story?id=74656637 What standing is required (if any) for an entity (person, corporation, state, etc.) to ...
3
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3answers
156 views

Do governors have veto power over the appointment of the electors by state legislature?

I believe governors in all 50 states have veto power when normal laws are passed in their states. However, if a state legislature chose (or was directed to by the courts) to appoint the electors in a ...
12
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2answers
2k views

Ramifications of Texas' election lawsuit

It's a generally accepted principle that each state is responsible for running its own elections. This leads to a lot of variation between different states - some states let felons vote, some don't; ...
2
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3answers
206 views

What triggers a contingent election?

I have read many opinion articles which discuss the possibility that some states fail to appoint any presidential electors (as actually happened with the state of New York in our first federal ...
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3answers
228 views

Why aren't politicians personally liable for broken campaign promises?

When a politician breaks a campaign promise, aren't there measurable damages to voters and donors? When a politician says something to make money, and doesn't do it, how is that different from fraud?
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3answers
1k views

What would happen if undocumented immigrants vote in the United States?

Asking this as a factual question. No political agenda intended. In the current US election dispute team Trump have repeatedly made the allegation that there was mass voting by undocumented immigrants....
2
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2answers
170 views

What happens if a USA House Rep or Senator is caught committing voting fraud *after* being sworn in a week or month later?

Hypothetical question: If a USA house rep or senator is caught with extremely strong evidence that shows they only won via voting fraud, whether through mass ballot harvesting or other forms of fraud, ...
0
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1answer
107 views

What does this sentence about Trump's lawsuits in Pennsylvania mean?

Source A turning point for the Trump campaign’s legal efforts came on Nov. 13, when its core team of professional lawyers saw the writing on the wall. The U.S. Court of Appeals for the 3rd Circuit in ...
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1answer
62 views

Free speech and elected positions

Suppose Jack is a student at a public university with a student senate. Senators are paid by the university. The senate elects one of its members to be senate president, and the senate president is ...
0
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1answer
205 views

Did Rudy Giuliani act as an effective legal advocate for his client?

Setting aside politics and opinions on the actual merits of the case, did Rudy Giuliani act as a competent legal advocate in support of his client's position in his November 17 argument in federal ...
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2answers
82 views

On what basis might higher courts refuse to hear Trump’s appeals

Trump’s federal case was dismissed with what looks like a very clear ruling https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/Order-Granting-MTD.pdf . He will undoubtedly appeal, ...
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2answers
108 views

Timing of the death of a president-elect

Section 3 of the 20th Amendment to the Constitution of the United States begins with this: If, at the time fixed for the beginning of the term of the President, the President elect shall have died, ...
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3answers
158 views

Who would have won the 2020 election if "did not vote" was a candidate [closed]

This infographic was posted in 2016: The image takes the assumption that all eligible voters (registered or not) in the US who did not vote instead voted for a hypothetical "did not vote" ...
-1
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2answers
47 views

What can the president legally alone do to regulate (prior and during) the presidential election?

Given that the elections are covered by state law and administered by the local governments. I think legally there is very little (with express support of Congress) that can be done except seek the ...
1
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3answers
179 views

Why can the Supreme Court tell a state what to do with its ballots?

Supreme Court Justice Samuel Alito late Friday granted part of a request from Pennsylvania's state Republicans, who wanted an order regarding mail ballots that came in during the extended deadline. He ...
0
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2answers
133 views

Who has the final say in the choice of the electors?

In case of disputes related to the presidential election, who has the final say in the choice of the electors: state legislature, SCOTUS or the state's supreme court? It's my understanding that the US ...
2
votes
1answer
97 views

What law is broken if a family member disposes of a filled absentee ballot?

Location: US, your choice of state if it matters (as this is a hypothetical situation, answers under any state/federal law are acceptable) The hypothetical situation: a family member has legally ...
0
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0answers
21 views

What limitations on campaign contributions, direct and indirect, exist in the US?

I know that an individual can't donate more than $2,800, but, apparently, it is not strictly followed (click on "amount"). Besides, there's a thing called the "Citizens United" ...
2
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1answer
49 views

Can I register to vote in Connecticut?

I'm attending college in Connecticut, where I've lived on-campus for approximately 3 months. I'm from out-of-state, however, and reside in Connecticut only during the school year. Am I eligible to ...
27
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4answers
8k views

Is wearing ACLU's "Let People Vote Pin" to the polling place considered electioneering?

For context, the region I'm in is Sangamon County, Illinois. I ordered an ACLU pin from their shop. I expect it to arrive before November 3rd and I am excited to wear it at the polling place. I am, ...
2
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1answer
313 views

Is it legal for the USPS to forward a ballot in Washington state?

I live in King County in Washington state, where my son (who is temporarily away at college in another state) is registered to vote in the 2020 election. My address is his permanent residence. ...
1
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1answer
69 views

If an unofficial ballot “harvesting” bin is left in a public area, could it and its contents be considered abandoned property?

There are reports of unofficial ballot drop boxes appearing in California. I'm wondering if legally ballots deposited in such bins could be considered abandoned by their owners. I understand that an ...
0
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2answers
66 views

Can any lawsuit be filed by a sitting US president at the state level? [closed]

For the sake of argument, let's say that in the 2020 elections Trump lost these 19 "Much more republican" states (according to this NY Times article) that he had easily won in 2016: ...
1
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1answer
84 views

Can the Speaker of the House expel senators from the Hall of the House before all electoral votes have been counted?

A recent article in The Atlantic 1 goes through some rather dire hypothetical scenarios in which constitutional crises arise during the upcoming Presidential elections. One of their scenarios ...
16
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7answers
6k views

Does Power of Attorney extend to voting in an election?

Let's say that a citizen of the United States is in declining mental health and is not of sound mind or body to care for their own affairs, so the family sought Power of Attorney and received it. Let'...
11
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1answer
2k views

How can the US House of Representatives transition to be elected by proportional representation? Would editing "PL 2 USC 2c" work?

Here is context for my question: I am a student studying political science. I am researching policy that could be used to dismantle the stranglehold that the Democratic and Republican parties have on ...
0
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1answer
106 views

Is it legal to vote in a US election both through mail-in voting and through in-person voting at a polling station?

Donald Trump recently made the recommendation for people to vote twice in the election: once through mail-in voting and once through in-person voting at a polling station: https://www.nbcnews.com/...
3
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1answer
95 views

Do the Postmaster's actionsviolate 18 U.S. Code § 595. Interference by administrative employees of Federal, State, or Territorial Governments?

According to the US Code Title 18 Section 595: Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof...uses his official ...