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 ...


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

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 ...


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. ...


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. ...


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 ...


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 ...


2

This would have to be settled in the courts. Ultimately the person could not serve, because of the 22nd amendment ("No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be ...


2

If information would not typically be sold for a significant sum, it is not a "thing of value", that would need to be reported as a campaign contribution. I don't believe that "thing of benefit" is a legal concept in the area of campaign finance law. In practice, only bulk information, such as the emails or phone numbers or addresses of thousands or tens ...


2

11 CFR 110.20(b) says that A foreign national shall not, directly or indirectly, make a contribution or a donation of money or other thing of value, or expressly or impliedly promise to make a contribution or a donation, in connection with any Federal, State, or local election. In connection with this, the Federal Election Commission has expressed ...


2

I don't think such an ad would constitute an issue ad, because it doesn't have a relationship to a party platform, which is the legal basis for the Elections Canada announcement. The "issue" issue could easily change. The law could also change, and if the change is adopted it will be retroactive (probably not this election cycle, but it's also probably too ...


2

The European Commission can bring proceedings against a Member State in the Court of Justice who is able to impose any judgment it considers appropriate (though generally not beyond the request of the Commission). The European Commission's enforcement role As an executive body, one of the European Commission's roles is enforcing Union law. From the ...


2

I think there is some confusion here between unconstitutional and just plain unlawful. Even leaving aside whether the President needs to order the Attorney General to perform the investigative steps, with respect to the various election issues that have arisen the current Administration, there have been significant potential problems with existing law. If ...


2

Analysis. This question has never been squarely resolved by case law. An analysis would look to the U.S. Constitution (the pertinent parts of which are restated below) and case law under it, to determine if Congress has the authority to enact such a law or not including whether laws currently on the books affect it. Caucuses and primaries are used by ...


2

There seems to be no current applicable prohibition state law in Iowa in Iowa Code 39A, the Election Misconduct and Penalties Act. It is also not at all clear that precinct caucuses count as "elections" as applicable to the sections with criminal prohibitions (the precinct caucus does not appear to constitute a "primary election" under Iowa law).


2

Political risk insurance exists, but not in the format hypothesized. What the question is contemplating is more like a gambling bet, or a futures contract (which is a type of "derivative" contract), than insurance. What constitutes an insurable risk of harm to an insurable interest is mostly a matter of common law although there are some state statutes on ...


1

Yes, there is a difference. The federal election commission says that a foreign national may not make campaign donations, but permits volunteer work by a foreign national. There are some limits related to managing a campaign or campaign finances. See https://www.fec.gov/help-candidates-and-committees/candidate-taking-receipts/volunteer-activity/ I ...


Only top voted, non community-wiki answers of a minimum length are eligible