Questions tagged [elections]
The elections tag has no usage guidance.
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Who is the local authority to decide if a candidate eligible to be on a ballot?
Given a 14th amendment challenge in Minnesota: https://abcnews.go.com/Politics/14th-amendment-challenges-grow-trumps-qualification-office-campaign/story?id=103118677
It is my understanding that the ...
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Can felons vote?
I am not familiar with USA laws, but I saw that Maine and Vermont are the only states where felons never lose their right to vote. Is this true? Does that include all elections (I.e., local, state, ...
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Does the First Amendment shield the previous president from the August 2023 D.C. Indictments?
The former president is charged with:
Count 1: 18 U.S.C. § 371 (Conspiracy to Defraud the United States)
Count 2: 18 U.S.C. § 1512(k) (Conspiracy to Obstruct an Official Proceeding)
Count 3: 18 U.S.C. ...
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What exactly is the DoJ doctrine on legal cases involving election candidates in close proximity to elections?
According to a Dutch article from Flemish public broadcasting (https://www.vrt.be/vrtnws/nl/2023/06/14/speedy-trial-of-niet-waarom-ex-president-trump-er-alle-belang/) Trump's attorneys are likely to ...
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What if a previous US President was found ineligible to be President?
Purely a hypothetical question: What if a previous US President was found ineligible to be President?
Lets say we found Obama's "real" birth certificate and he was not born in the US.
What ...
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Is there a path through the courts to sue the US government to allow a national referendum?
I know there’s not an existing avenue to get a national referendum on the ballot, but is there a path through the court system, the damages being that the elected representatives are benefiting from a ...
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lose primary, run as independant?
There has been some speculation that a certain political candidate in a particular party might lose a primary election, and then stand as an Independent.
Is that even legally possible?
According to ...
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How does copyright over content that is not behind paywalled content work?
I’m sorry but I like international law and consortiums exclusion right to ownership generally, so I would like that sort of answer to: How does copyright over online content that is not behind ...
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Final authority on re-districting map
What is the debate on Judiciary vs State Legislature on the final authority on what an election re-districting map should be for the following 10 years after the latest census report?
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If Kayne West/Ye ran for President, would he be listed on ballots as Kayne West or Ye?
It looks like Kayne West is considering running for President. If he runs in 2024 and is included on ballots, will he be listed as "Ye" or "Kayne West"?
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Missing summaries for Colorado county and local ballot questions
The Colorado Constitution, Article X, Section 20 (3) (b) has a requirement for mailing notices to voters about upcoming elections, see below.
(b) At least 30 days before a ballot issue election, ...
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Can a political party falsely inform its opponent's voters that their voter registrations have been cancelled?
Location: Michigan, United States
Let's say we have two major political parties - let's call them YellowParty and PurpleParty. YellowParty obtains a list of reliable PurpleParty voters and sets out to ...
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What is the "preamble" to a ballot measure called?
Oregon ballot measures have this basic format (this particular one is an initiative for a constitutional amendment, but referendums [referenda?] are similar, as are measures for regular legislation):
...
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Is it against law to expel from political party if one has voted against it in the national general elections? Eastern Europe (EU) case
This is about Eastern European country that is the member of EU. Political parties of this country are eligible to receive monetary support from the country budget (taxpayer money) based on the ...
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The right to vote and property ownership?
In 1792, in France even men without property were enfranchised.
How was it before exactly? What is meant by ‘without property’? Only those who didn’t own a home or a piece of land? Or any kind of ...
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Could state legislatures override a statewide presidential election that had already taken place?
If the majority of a state's citizens voted for a particular Presidential candidate, could the state legislature override the people's decision after the statewide election?
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Election Campaign Restrictions In Georgia
I came across a GA gubernatorial campaign sign on the government property (public library). Is this legal? This place is funded by the taxpayers and they are very split on the election candidates.
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US State laws about qualifications to be a candidate
The purpose of this question is NOT to promote Trump nor is it for the opposite. So any rants either way will NOT be answers to the question.
Twice, a presidential candidate has been in prison during ...
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Is it legal to let someone else vote on your behalf in Oregon if you sign the ballot?
John Smith doesn't care about voting. Is it legal for him to give his ballot to Jane Doe and let her vote, then have her give the ballot back to him so he can sign and submit it? Does it matter if ...
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If an investigation found that Trump actually won in 2020, would he become President again?
Note: By asking this question, I am not expressing, nor asking others to express, any viewpoint on who won in 2020. I'm asking about the legal consequences of a hypothetical scenario.
Suppose some new ...
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What happens if no one gets 270 electoral votes in the U.S. presidential election and the Congress fails to elect a president and vice president?
This link explains how the House of Representatives elects the president and vice president if nobody gets at least 270 electoral votes in the election. But what happens if the Congress fails to elect ...
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Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?
This question arises out of a previous question on Hungary's prospects to overturn autocratic rule after an unlikely election victor of the unified opposition titled: Is it possible that the ECJ will ...
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What are the differences between "Elected by Universal Suffrage" and "Elected by Popular vote"?
The latter is used in our constitution, while the former is used in every other aspect where an election within lesser entities -like colleges or syndicates- is required.
Furthermore, could an organic ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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-...
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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 ...
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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 “...
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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 ...
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"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, ...
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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 ...
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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 ...
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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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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, ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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2020 Election Challenges: after Supreme Court ruling
The US Supreme Court has ruled against hearing 2020 election challenges after ~50+ defeats in lower courts.
Do POTUS' lawyers have any other judicial mechanisms to challenge
the 2020 election?
Does ...
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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 ...
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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 ...
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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 ...
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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; ...
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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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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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