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
...
- 173k
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)...
- 53.7k
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 ...
- 173k
37
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 ...
- 8,182
36
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 ...
- 10.8k
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 ...
- 31.1k
26
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 ...
- 53.7k
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 ...
- 112k
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 ...
- 173k
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 ...
- 112k
16
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 ...
- 182k
16
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 ...
- 27.1k
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," ...
- 53.7k
15
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)
- 23.3k
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
...
- 173k
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 ...
- 196k
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 ...
- 10.2k
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....
- 173k
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 ...
- 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 ...
- 6,280
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 ...
- 27.8k
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 (...
- 21.5k
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 ...
- 1,243
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"....
- 196k
7
votes
Does Power of Attorney extend to voting in an election?
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 ...
- 196k
7
votes
Accepted
What is the precise legal meaning of "electors" being "appointed"?
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 ...
- 112k
7
votes
What would happen to California’s recall effort if the governor resigned?
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 ...
- 159
7
votes
Accepted
How does copyright over content that is not behind paywalled content work?
Exactly the same way it works over all other content
There are no special classes of copyright, there’s just copyright. What a user of a service may do with copyright materials will be spelled out in ...
- 182k
6
votes
What can happen if the US President has violated campaign finance laws?
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....
- 196k
6
votes
Would free taxi/uber rides for voters be a violation of 18 U.S. Code § 597 - Expenditures to influence voting?
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 ...
- 1,778
Only top scored, non community-wiki answers of a minimum length are eligible