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 ...


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 ...


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 &...


14

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 direction. Guardianship -...


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 ...


12

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 ...


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

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 ...


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

I will only address the end of the question by @MaxB about whether a failure of a state to appoint valid electors reduces the number of Electoral College votes required to achieve a majority. An article by Edward-Isaac Dover in The Atlantic dated September 9, 2020, states If Pennsylvania’s electoral votes can’t be counted, does that mean that being picked ...


5

In the US it is up to individual states to manage the voting system for their own states (it is not a function of the Federal Government), so the exact rules vary by state. So there can be no one answer to the question as posed. For the state of Oklahoma (where I live) this information is essentially a matter of public record, and is available for free from ...


5

There's also the matter of admitting its over is not admitting he lost. Trump could be saying privately that he thinks all possible attempts to contest were blocked, but that since almost all were blocked for non-evidentiary reasons, he can still hold that had the cases progressed to the evidentiary portion the outcomes would have been different. From an ...


5

You'd have to specify the cases you want. All court transcripts are a matter of public record, though a copy may cost you a fee from the court clerk's office to recieve. It should be pointed out that not all cases got to an evidentiary stage to actually evaluate on the record any evidence. A vast majority were decided on pre-evidentiary rules such as ...


4

The situation in germany is similar to the United States: Power of Attorney does not extend to voting in a political election. Some details: Under German law, the equivalent to power of attorney due to mental health concerns would be a Betreuung (if it applies to all affairs) or a Pflegschaft (only for some areas, such as only for representation in a ...


4

The other answer is incorrect. In fact, the question you're asking turns on the meaning of the phrase "the whole number of electors appointed." This could be interpreted either way, and as far as I know this ambiguity has never been considered by a court or by congress. It would only matter under the following conditions: Some states appoint ...


4

No "Election interference" is not a crime or a legal category. It is a term often used by the press to indicate a variety of actions, some illegal, some legal but argued to be improper or dangerous. For example, it is perfectly legal for anyone, citizen or alien, to make statements about the election or the candidates, even if these are knowingly ...


4

The relevant part of the 22nd amendment to the US constitution says: 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 elected to the office of President more than ...


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