41

No. Because these laws are controlled by the states, there could theoretically be 50 different answers, but every state I've looked at so far (Arizona, Florida, Massachusetts, New Hampshire, Wisconsin) forbids using power of attorney to cast votes in a public election. In many states, a POA may not even request an absentee ballot for a voter. The general ...


31

Yes, states could allow aliens to vote for President. As ohwilleke says, the Constitution gives the states control over who can vote. In fact, for much of our history, many states allowed aliens to vote. To the extent that 18 U.S.C. § 611, which forbids aliens from voting for President, contradicts that power, it is unconstitutional. If 18 U.S.C. § 611 is so ...


19

Let's start with the most important point first: A campaign finance violation is not a ground to remove an elected official from office, no matter how egregious, on its own, even if one could prove that the campaign finance violation probably caused the outcome of an election to change. Congress could decide, however, that a campaign finance violation ...


14

No Partly because you are conflating some concepts which while conceptually related are legally different things: Power of Attorney - allows another person (the attorney) to deal with the assets of another person. Proxy - allows another person (the proxy) to exercise the vote of another person. Either as instructed or at the proxy's direction. Guardianship -...


12

In each State entitled in the Ninety-first Congress or in any subsequent Congress thereafter to more than one Representative under an apportionment made pursuant to the provisions of section 2a(a) of this title, there shall be established by law a number of districts equal to the number of Representatives to which such State is so entitled, and ...


8

Maybe. The right to vote in a federal election is a matter of state law, subject to constitutional restrictions on who cannot be denied the right to vote, and federal statutes. No provision of the U.S. Constitution prohibits a U.S. state from allowing a non-citizen to vote. I think that the "Illegal Immigration Reform and Immigrant Responsibility Act of ...


7

Although the constitution doesn't explicitly require your vote to be equal in strength, surely the founders intended with the word 'vote' that you at least get to choose who you vote for. Quite the contrary. The founders specifically intended that smaller states should have disproportionate strength - they knew exactly what they were doing. This was one ...


7

The search might be restricted to Colorado, Idaho, Illinois, Indiana, Kansas, Maine, Michigan, New Hampshire, North Carolina, Pennsylvania and Vermont, since in other states, mentally incompetent people can have their right to vote stripped from them (but it is not automatic). In Ohio, ORC 3505.24 says that any elector who does both of the following may be ...


6

Technical violations can result in fine imposed by the Federal Election Commission. They provide this booklet, and these regulations are applicable. This regulation spells out how the fine is computed. The Dept. of Justice will handle any criminal accusations, and here is their handbook. To be criminally prosecutable, the act must be done knowingly and ...


6

There are two possible scenarios: The Vice-Presidential President and a mass Write In. In the first, if the elected President is removed from office after 2 years in office, than the Vice-President (and the entire eligible line of succession for that matter) would be eligible to run for two terms, giving the Former Veep the ability to serve for a total of ...


6

There is no money being offered or given to the voter. There is a long-running traditional bipartisan expenditure in Pennsylvania known variously as street money and get out the vote money that is legally used to reimburse volunteers for expenses to drive voters to the polls. The second article linked asserts this is a first amendment protected right. ...


6

The first legal issue relates to the step where "Those state legislatures refuse to allow any Electoral College slate to be certified until the 'national security' investigation is complete". The "electoral voting" law regarding voting of presidential electors is ARS 16-212. First, On the first Tuesday after the first Monday in November, ...


5

With the president, no. In the case where the election results cannot be certified, a safe harbor provision (3 U.S. Sec. 5) allows, if not requires, the state to appoint the electors by alternate means. Under most conceivable circumstances, the process ends here. However, if the House of Representatives refuses to accept the validity of those electors, ...


5

"Conflict of interest" has a specific meaning w.r.t. various federal laws, which have financial gain as their underpinning. The so-called conflict which your referring to is an abstract moral duty, eforced at the polls every few years: there is no conflict of interest. "Obstruction of justice" is defined in 18 USC 73. The law does not require a person to ...


4

The election of the president (and VP) is a function most directly of Article II Section 1 Clauses 2 - 4 of The Constitution and the 12th and 23rd Amendments. Sections 2-3 of the 14th Amendment would probably have to be rewritten, since they also refer to there being "electors". A single constitutional amendment would suffice (and nothing less than an ...


4

Based on the Electoral Procedures of the pdf linked below Arrangements subject to National Procedures H : Validation of results, ... the answer would be nothing. A short list, grouped by countries and methods, shows how it should be done UK (as one of many): through courts This is confirmed by a tagesschau.de summary of questions on how the European ...


4

You have to distinguish between the Tory party and the UK parliament. The UK parliament just had a vote of no confidence against Theresa May and lost. Had they won, parliament would have had to come up with a different government (for example the same government except for a different PM, or a government formed by the current opposition) that would have a ...


4

As describd in this article from the Atlantic NC State officials recently acted to, in effect, overturn a 2018 congressional election. More exactly, they refused to certify the result, and ordered a new election. This was done because of testimony saying that unlawful procedures were used by a hired campaign agent in collecting and altering absentee ballots. ...


4

The situation in germany is similar to the United States: Power of Attorney does not extend to voting in a political election. Some details: Under German law, the equivalent to power of attorney due to mental health concerns would be a Betreuung (if it applies to all affairs) or a Pflegschaft (only for some areas, such as only for representation in a ...


3

Can a U.S. election be overturned due to foreign interference? In the last U.S. election, people were concerned that Russia played a significant role in getting Donald Trump elected, so I was wondering if the current state of the law in the U.S. could allow the result of an election be overturned. If it is the case, I am wondering that are the ...


3

This would require an amendment to the Constitution of the United States of America. The process is specified in Article 5: Article. V. The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a ...


3

Staff at polling stations have been told to stop people taking selfies - even though it is not against the law. The Electoral Commission fears the craze for taking self-portraits on phones and posting them on social media threatens the secrecy of the ballot. Anyone who inadvertently reveals how someone else votes in Thursday's local and European elections ...


3

Probably not There's a difference between knowing DeJoy is guilty, and proving he is guilty. The first is a matter of your personal views on epistemology; the second is a matter of law. The statute says an official cannot use "his official authority for the purpose of interfering with..." In other words, in order to charge DeJoy, the government ...


3

The acts you describe in the body of the question do not fit with the acts implied by its title. Does Power of Attorney extend to voting in an election? This implies that the attorney-in-fact is contemplating signing the ballot envelope on behalf of the voter. The power of attorney grants the attorney-in-fact the power to act on behalf of the principal. ...


2

No, making it easier to vote by transporting people to the polls is not considered providing payment in return for registering or voting. GOTV efforts regularly include free transportation to the polls, so long as the free ride is not limited to voters who promise to vote for a particular candidate or party.


2

About half the states have some law against faithless electoring. It turns out that the existing laws are toothless since they are not enforced but it's also not clear how often those laws have been put to the test. In Minnesota, the elector's ballot is invalidated and a random alternate is selected (except if the presidential candidate has died or become ...


2

While election law differs in detail from place to place, I'll run you though some of the provisions pertinent to Colorado, where I live. The following provisions apply to all state and federal elections in Colorado (U.S. Senator is a "state office" along with Governor, Secretary of State and a number of other offices, and a race for the U.S. House of ...


2

If you need legal advice about how to proceed, you need to hire an attorney. We can only address questions about the general nature of law, etc. The caveat out of the way, the first question is whether financial aid is "compensation". MS§25-4-3(e) in article on the Ethics Commission defines the term: "Compensation" means money or thing of value received, ...


2

The Constitution requires: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress ... and by the Twelfth Amendment: The Electors shall meet in their respective states, and vote by ballot for ...


2

phoog is right that actually getting rid of the Electoral College would require a Constitutional amendment. However, it is possible to effectively institute a national popular vote for president without getting rid of the Electoral College, and without a Constitutional amendment, via the National Popular Vote Interstate Compact. Basically, it's an agreement ...


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