45
votes
Accepted
Does the First Amendment protect deliberately publicizing the incorrect date for an election?
See Minnestoa Voters Alliance v. Mansky, 585 U.S. ___ (2018):
the State may prohibit
messages intended to mislead voters about voting requirements and
procedures
See also People v. Burkman, ___ N.W. ...
- 72.7k
44
votes
Accepted
Can a political party falsely inform its opponent's voters that their voter registrations have been cancelled?
The conduct described would be a felony.
Two men where just convicted of state crimes this week for very similar conduct in Ohio.
Jacob Wohl and Jack Burkman pleaded guilty to felony
...
- 240k
41
votes
Does Power of Attorney extend to voting in an election?
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)...
- 61.8k
41
votes
Does Texas have standing to litigate against other States' election results?
UPDATE: There is now a definitive answer.
There Is No Binding Judicial Precedent Adjudicating The Key Standing Issues Raised That Are Factually Squarely On Point
This is a novel argument.
To my ...
- 240k
38
votes
Accepted
Could a US state allow non-citizens to vote in presidential elections?
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 ...
- 8,446
35
votes
Is wearing ACLU's "Let People Vote Pin" to the polling place considered electioneering?
A poll worker was fired for making people turn a Black Lives Matter T-shirt inside out before voting. Since it does not advocate for a candidate, a political party or something explicitly on the ...
- 13.3k
31
votes
Accepted
In Texas, can they turn you away from the ballot box for your t-shirt?
Most states have laws or policies which prevent political advertisements or electioneering near polling places. Texas rules say:
Each early voting and election day polling place must be organized
...
- 484
29
votes
Is it criminal for POTUS to engage GA Secretary State over Election results?
What exactly would a prosecutor charge? State? Federal?
It depends on whether it is a state or federal prosecutor. It appears that the president has at least flirted with violating both federal and ...
- 40.1k
27
votes
Accepted
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?
In Trump v. Anderson, the Supreme Court of the United States held that the Colorado Supreme Court erred in ordering President Trump excluded from the 2024 presidential primary ballot. The rationale ...
- 72.7k
25
votes
Is wearing ACLU's "Let People Vote Pin" to the polling place considered electioneering?
You can wear the button.
The regulations have already defined "electioneering," so you really need not go any further. Your button isn't "working for, against, or in the interest of a ...
- 61.8k
24
votes
Accepted
Can felons vote?
The question is answered at the level of state law. It does seem that Maine and Vermont are the only two states where felons never lose voting rights (here, here, the latter pointing out that this ...
- 217k
24
votes
In Texas, can they turn you away from the ballot box for your t-shirt?
Yes.
According to Chapter 85: Conduct of Voting by Personal Appearance:
Sec. 85.036. ELECTIONEERING. (a) During the time an early voting polling place is open for the conduct of early voting, a ...
- 1,527
21
votes
Accepted
Who Has the Right to Access State Voter Records and How May That Right be Expediently Exercised?
In most US states, anyone can buy such lists, covering either the whole state or a specific municipality or election district. Political campaigns routinely buy such lists and use them to organize ...
- 115k
19
votes
Accepted
What can happen if the US President has violated campaign finance laws?
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 ...
- 240k
18
votes
Accepted
Ramifications of Texas' election lawsuit
No
The Texas suit alleges that significant changes were made to the election rules in the various defendant states, and that these were not approved by the legislatures of those states, but were made ...
- 115k
18
votes
Is it possible for a voter to be rendered ineligible in both their prior and new states while in the process of moving?
united-states
No, for Presidential voting
Federal law says that no durational residency requirement may be imposed for voting for President/Vice-President. It does allow states to apply a registration ...
- 4,298
16
votes
Accepted
What is the "preamble" to a ballot measure called?
These are called recitals.
See:
Termly legal dictionary: recital
US Legal: recital
Wikipedia: recital (law)
Wiktionary: recital, n. 5 (law)
- 72.7k
15
votes
Does Power of Attorney extend to voting in an election?
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 ...
- 227k
15
votes
Accepted
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?
Nothing will happen. Wait for the 2030 census and January 3rd 2033.
Representatives are only recalculated after each census. The last census and recalculation was 2020. So no ordinary recalculation ...
- 45.2k
15
votes
Accepted
Felony codes in Frank Artiles fake campaign case in Miami-Dade
"CAM CONTR/ACC 2>CONT" refers to F.S. 106.08(7)(B), under which Artiles is charged with "making or receiving two or more campaign contributions over or in excess of the limits," ...
- 61.8k
15
votes
Accepted
What were the 3 charges of "attempting to influence a public servant" in the Tina Peters case for?
The original indictment can be found here. and is relatively easy reading. Basically, the indictment alleges that Ms. Peters (and her original co-defendant Belinda Knisley) deceitfully told various ...
- 7,163
14
votes
Accepted
How can the US House of Representatives transition to be elected by proportional representation? Would editing "PL 2 USC 2c" work?
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
...
- 240k
14
votes
Accepted
Is wearing ACLU's "Let People Vote Pin" to the polling place considered electioneering?
Illinois law has a bit more to say about "electioneering" in 10 ILCS 5/9-1.14. The core is
any broadcast, cable, or satellite communication, including radio,
television, or Internet ...
- 217k
13
votes
Accepted
Did Rudy Giuliani act as an effective legal advocate for his client?
No, he was not effective
A good lawyer litigating a constitutional law case would know what the standards of review are for determining constitutionality (strict scrutiny, intermediate scrutiny, or ...
- 10.3k
12
votes
Can felons vote?
germany
Yes, people convicted of crimes may vote unless they have been specifically prohibited from doing so. This is exceedingly rare. According to a student law paper, this has only happened 178 ...
- 221
11
votes
Does the First Amendment shield the previous president from the August 2023 D.C. Indictments?
The constitutionality of each of the charges is well supported and there is no really viable First Amendment defense to any of them.
There is literally a U.S. Justice Department handbook on how to ...
- 240k
11
votes
Can states refuse to put a candidate on a ballot?
The US Constitution hardly says anything at all about how a Presidential election must be held, except that states can pretty much do whatever they like:
Each State shall appoint, in such Manner as ...
- 5,697
11
votes
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?
To further expand on Jen's answer, it is important to understand the context of the underlying Colorado decision.
Colorado did not pass a law barring Trump from the ballot. Instead, the Colorado ...
- 5,697
11
votes
How should Form 990: Part IV Question 3 be answered?
I took a closer look at the AIPAC 2020 filing, which is the one you're referring to, and it doesn't actually specify any political activity. This is in contrast to the 2021 FY filing, where this item ...
- 4,642
Only top scored, non community-wiki answers of a minimum length are eligible