Questions tagged [elections]
The elections tag has no usage guidance.
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Trump violated his oath of office: How does this not make him ineligible to run?
Trump violated his oath of office:
How does this not make him ineligible to run?
"I do solemnly swear (or affirm) that I will faithfully execute the
Office of President of the United States, ...
4
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1
answer
689
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How should Form 990: Part IV Question 3 be answered?
When I read Form 990, question 3's answer by the the AMERICAN ISRAEL PUBLIC AFFAIRS COMMITTEE for FY 2021 it doesn't make sense to me,
Question 3 reads,
Did the organization engage in direct or ...
20
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2
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Does the First Amendment protect deliberately publicizing the incorrect date for an election?
I know that most forms of lying are protected by the First Amendment, but there are some narrow exceptions.
Does the First Amendment protect deliberately publicizing the incorrect date of an election, ...
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1
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Did the DNC essentially plead "no contest" to FEC charges in the Steele Dossier?
I'm trying to understand the exact legal implications of this "conciliation agreement" in other potential legal cases (e.g. if the DNC or Clinton were charged in some US state that has lower ...
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2
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How is the National Popular Vote Interstate Compact affected by the US Supreme Court's decision that states can't remove candidates from their ballot?
I was recently watching this video (https://www.youtube.com/watch?v=tUX-frlNBJY) about the National Popular Vote Interstate Compact. At around the 3 minute mark, the narrator states that one of the ...
2
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1
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What happens when a ballot measure is incorrectly drafted, but passes anyway?
Many jurisdictions allow for legislation by referendum, where laws can be created or amended by public vote. In such cases, the text of the proposed legislation is usually printed on the ballot, so ...
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115
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Do the accused enjoy the presumption of the least damaging intent?
(This question is inspired by current events, but I'm changing details to avoid the complications of reality!)
In the midst of a reelection campaign, Senator Johnson shot his wife's poorly behaved ...
2
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0
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Candidates filing multiple nominations for the same constituency in Indian elections
As per the section 33(6) of The Representation of The People Act, 1951
Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:
Provided that not ...
0
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1
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118
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Under what circumstances could a state's presidential election results he overturned?
Suppose that clear evidence were found proving that a state's presidential election results were affected by voting fraud. (This is a hypothetical scenario, and I am not referring to any election that ...
4
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1
answer
264
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Elections under foreign occupation
The five-year term of Ukraine's current President is nearing its end and foreign allies are pressuring the country to conduct new elections -- despite the logistical nightmare of both campaigning and ...
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3
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Can states refuse to put a candidate on a ballot?
Do states have the authority to refuse to list presidential candidates from major parties on their ballots? It is my understanding that the states administer Presidential elections.
Update: https://...
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61
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Can an election be canceled if the elected candidate has saturated medias
I was reading a short story of Philip K. Dick, "What the dead men say". It is (spoil) about the voice of a dead person litteraly overtaking every available media (television, radio, ...
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A way of electing representative to the Congress of the United States
In an answer to this question, someone cites this federal law:
[2 U.S. Code § 2c][1] - Number of Congressional Districts; number of Representatives from each District
In each State entitled in the ...
2
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1
answer
100
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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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6
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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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0
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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 ...
2
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2
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190
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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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3
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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 ...
0
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3
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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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2
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108
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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 ...
0
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1
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78
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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?
1
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111
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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"?
2
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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, ...
24
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1
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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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859
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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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2
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197
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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 ...
5
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263
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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 ...
0
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2
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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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119
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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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2
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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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1
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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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1
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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 ...
0
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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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2
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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 ...
2
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0
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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 ...
0
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1
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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 ...
2
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1
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168
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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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3
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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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1
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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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4
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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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1
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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 “...
0
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1
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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, ...
2
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1
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153
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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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1
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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 ...