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 ...
ohwilleke's user avatar
  • 213k
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)...
bdb484's user avatar
  • 58.9k
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 ...
ohwilleke's user avatar
  • 213k
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 ...
Just a guy's user avatar
  • 8,408
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 ...
George White's user avatar
  • 12.6k
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 ...
phoog's user avatar
  • 37.2k
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 ...
bdb484's user avatar
  • 58.9k
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 ...
user6726's user avatar
  • 215k
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 ...
David Siegel's user avatar
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 ...
ohwilleke's user avatar
  • 213k
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 ...
David Siegel's user avatar
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)
Jen's user avatar
  • 54.8k
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 ...
Dale M's user avatar
  • 209k
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 ...
Trish's user avatar
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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," ...
bdb484's user avatar
  • 58.9k
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 ...
ohwilleke's user avatar
  • 213k
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 ...
user6726's user avatar
  • 215k
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 ...
Ryan M's user avatar
  • 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 ...
artemist's user avatar
  • 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 ...
ohwilleke's user avatar
  • 213k
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 ...
Kevin's user avatar
  • 4,649
10 votes

Could a US state allow non-citizens to vote in presidential elections?

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....
ohwilleke's user avatar
  • 213k
10 votes
Accepted

Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?

Yes, this has come before the Court. Some prominent examples are - Mathieu-Mohin and Clerfayt v Belgium (1987), the first time Article 3 was before the European Court of Human Rights, on the complex ...
loenoe's user avatar
  • 116
9 votes

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?

We have a recent real-life example of this sort of scenario. Hurricane Katrina caused massive depopulation of Louisiana's 2nd Congressional District. At the time, this district was mostly the City ...
Michael Seifert's user avatar
8 votes
Accepted

Could I sue for a popular vote?

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 ...
Nate Eldredge's user avatar
8 votes
Accepted

Is there any way a US president could be voted in by popular vote more than two terms?

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 (...
hszmv's user avatar
  • 23k
8 votes

Ramifications of Texas' election lawsuit

Is there a possibility that all the potential suits and countersuits could result in forcing a nationally-uniform set of voting laws No. Article 2 of the US Constitution explicitly states that state ...
MWB's user avatar
  • 1,294
7 votes

Is this scenario for Trump reversing the election legally sound?

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"....
user6726's user avatar
  • 215k
7 votes
Accepted

What would happen if undocumented immigrants vote in the United States?

18 U.S. Code § 611 is the relevant law. (a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice ...
user6726's user avatar
  • 215k

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