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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 ...


41

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 knowledge, this is the first time that any state has ever sought judicial relief arising from another state's election administration, so it is a case of first ...


36

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 ballot it is not electioneering in Tennessee.


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 ...


29

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 state law, in which case he may be charged by both the federal and state prosecutors, each one laying charges under the relevant body of law. Would Trump be ...


26

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 candidate, party, or proposition," so you're set. Even if you had to resort to dictionary definitions, a court would obviously not accept the first ...


22

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 door-to-door campaigning, as well as postal appeals. Some years ago I was a (losing) candidate for local office in NJ. I bought such a list covering the township I ...


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 ...


18

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 by administrative or court decisions. It also claims that differences in local practice and polices made absentee or mail-in voting easier, or invalid votes ...


16

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 discretion. Guardianship ...


15

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 will happen till 2030. It's unclear if there could be an extra census, which then might lead to redistricting - the only rules (in the constitution) I can find ...


14

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 communication which is really about "communication", and certain other factors which are about "electioneering". Such buttons clearly are not &...


13

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 ...


13

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 rational basis review) and have an argument for which one applies. Giuliani appeared to be unfamiliar with these standards. Quoting from an exchange between ...


9

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 of New Orleans, as well as a small portion of Jefferson Parish. (The City of New Orleans is a consolidated city-parish, and so is referred to as Orleans Parish ...


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 ...


8

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 legislature is responsible for selecting the electors in a manner that it sees fit: Each State shall appoint, in such Manner as the Legislature thereof may ...


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 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, ...


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 ...


7

The electors being "appointed" simply means that they are chosen for that office. They may be chosen by election, they may be chosen directly by a state legislature, some other mechanism might be used. The Constitution leaves that entirely to the states. 3 U.S. Code § 1 says: The electors of President and Vice President shall be appointed, in ...


7

Section 11302 of the California Elections Code makes it crystal clear - as soon as an office becomes vacant, the recall election proceeds anyway, unless as of that moment there are not enough signatures to proceed to the vote. So the resignation tactic can only be used to stop a recall election while they are still in the signature-gathering phase - it will ...


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

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 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

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, ...


6

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 President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner,...


6

As another answer points out, no alien is permitted to vote in a federal election, whether undocumented or otherwise. There are other reasons for ineligibility, of course: people who aren't yet 18 years old are unable to vote, as are convicted felons. As to what happens in such cases, you can look at the case of Rosa Maria Ortega, who was a lawful permanent ...


6

The complaint asserts thst: This Court has original and exclusive jurisdiction over this action because it is a “controvers[y] between two or more States” under Article III, § 2, cl. 2 of the U.S. Constitution and 28 U.S.C. § 1251(a) (2018). In a presidential election, “the impact of the votes cast in each State is affected by the votes cast for the ...


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 ...


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