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Election Law View Questions by State
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Election Law Questions & Answers
Q: How can a presidential candidate win their home state considering the Constitution's Article II, Section 1 provisions?
I want to understand how a presidential candidate can win their home state when voting for President in the United States. How does the electoral vote system allow this, especially in light of Article II, Section 1 of the Constitution, which mentions electors voting for one person who is not an... View More 
Michael J. McConnell
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answered on Jun 10, 2025
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answered on Jun 10, 2025
This is a really great question and one that doesn't come up all that much. The short answer is that the Constitution doesn't prohibit a state from selecting one of its own inhabitants as President. Here's why:
Prior to the 12th Amendment, each state would choose two people... View More
Q: 501(c)(7). Voter name list can be requested, directors election. Are proxy voters OR the proxy holder's name exposed?
Concerning proxy voters privacy and exposure.
In an election of directors, one may request a list of the voters names, etc. If the voter uses a proxy to vote, are their names on the list or just the proxy holder's name?
If I solicit proxies, do I have to reveal the names of... View More
Robert Kane
answered on Feb 13, 2025
answered on Feb 13, 2025
The bylaws specify the procedures for member voting. Whether the proxy voters OR the proxy holder's name are exposed may not be covered. If this is the case, a vote may be needed if the issue is contested. My best regards. Rob Kane Orange County Business Non-profit Attorney California 501(c)(7)
Q: Have the DNC & RNC ever been legally recognized in US Constitution &/or legal Federal Election authorities? Yes or No?
Generalized US Constitutional question.
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Jennifer Setters
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answered on Oct 3, 2024
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answered on Oct 3, 2024
The quick response is no; the U.S. Constitution does not officially acknowledge either the Democratic National Committee (DNC) or the Republican National Committee (RNC). As the U.S. Constitution was drafted before political parties as we know them existed, it makes no reference whatsoever of... View More
1 Answer
| Asked
in
Constitutional Law, Election Law, Gov & Administrative Law and Municipal Law
for
Massachusetts
on
Q: Can a Special Town Meeting compel a BOS to allow voters to approve or deny a Housing Production Plan under 40B?
Purusant to MGL Ch 40B, the Selectmen and Town Administrator created an ad hoc subcommittee to create a Housing Production Plan. While the subcommittee held public input sessions with the help of MAPC, much of that public input has been ignored. While trying to rush votes before the Planning Board... View More
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James L. Arrasmith
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answered on Jul 21, 2024
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answered on Jul 21, 2024
Under Massachusetts General Laws Chapter 40B, the Housing Production Plan (HPP) must be approved by both the Planning Board and the Board of Selectmen (BOS). Although a Special Town Meeting (STM) can be called to address various issues, it does not have the authority to compel the BOS to submit the... View More
Q: Am I wrong that once the HOA Board election is certified all the winning board members terms begin and losers end.
• https://oakhillsestates.com/ByLaws_May2019.pdf
• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More
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James L. Arrasmith
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answered on Jun 3, 2024
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answered on Jun 3, 2024
Based on the information provided and the bylaws you referenced, it seems that there may be some issues with how the board handled the election and subsequent appointments. Here are a few key points:
1. According to your understanding of California law, once the HOA board election is... View More
Q: Am I wrong that once the HOA Board election is certified all the winning board members terms begin and losers end.
• https://oakhillsestates.com/ByLaws_May2019.pdf
• Bylaws state that President and VP, two high offices, be filled with persons "who shall at all times be Directors" effectively those offices be held with election winners where Directors are created from voting membership not... View More
Delaram Keshvarian
answered on Jun 3, 2024
answered on Jun 3, 2024
Thank you for your question!
A member have a write to inspect the list and object before the vote gets final.
If they ignore your objections, file a complaint with the board. If that does not work, file a complaint with the court. Document everything (communication, statements of... View More
2 Answers
| Asked
in
Election Law, Gov & Administrative Law, Constitutional Law and Employment Discrimination
for
Washington DC
on
Q: Can the federal government ever have the power to put age restrictions on candidates? Without enacting a new amendment!
Is it constitutional to put age restrictions on candidates and can it work at the federal level through supreme court or legislative branch? Obviously this means as of today and not in the future if we enact a new amendment restricting age which is unlikely but just want to point that out.
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James L. Arrasmith
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answered on Mar 17, 2024
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answered on Mar 17, 2024
The U.S. Constitution clearly outlines the age requirements for candidates running for federal offices: Representatives must be at least 25 years old, Senators at least 30, and Presidents at least 35. These age limits are established by the Constitution itself, and any change to these requirements... View More
Q: Condo board election. 60 units. Massachusetts. Quorum for a vote is 51% (31 units.) 4 candidates. Special election.
Quorum was met for an election for the first time at special meeting yesterday. 2/4 candidates didn't show up. I received the most votes, but now board is saying one candidate had to receive 51% of the vote and no one received that so now board will elect the candidate they want. They... View More
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James L. Arrasmith
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answered on Feb 28, 2024
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answered on Feb 28, 2024
The requirement for a candidate to receive 51% of the vote may depend on the specific language of the condominium association's bylaws. If the bylaws state that a majority vote is required for election, it typically means a simple majority of the votes cast, not necessarily 51% of all units.... View More
1 Answer
| Asked
in
Civil Litigation, Election Law, Gov & Administrative Law and Municipal Law
for
California
on
Q: Remedy if our compromised City Council kills a public hearing request on Term Limits that apply only to themselves?
Many residents sent the following to city leaders: Honorable Mayor and Council Members, I would like to request that you lead a discussion designed to place a Term Limit measure for City Council Members on the ballot this November. I request you add this issue to the public agenda of your next... View More
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James L. Arrasmith
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answered on Jan 11, 2024
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answered on Jan 11, 2024
In California, if a city council decides not to hold a public hearing or advance a term limit measure despite public request, residents have several options to consider.
First, it's important to review the city's charter and municipal code. These documents often outline the... View More
Q: How do I report an election code violation for central committee in riverside county?
A member who was registered with a different party was appointed to NW caucus deputy vice chair we did not know he was a member of different party but we want him removed. This individual has now pulled papers to run for central committee but he hasn’t been registered with the party for a year so... View More
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James L. Arrasmith
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answered on Nov 30, 2023
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answered on Nov 30, 2023
To report an election code violation in Riverside County, California, you should contact the Riverside County Registrar of Voters. They handle election-related concerns and can guide you on the appropriate process for filing a complaint.
For the specific issue of a member being registered... View More
Q: Is it illegal to vote under someone else's name in a church election with intent to manipulate?
Is it illegal to cast a vote using someone else's name in a church election if there was intent to manipulate the election outcome, the voting process did not follow the church’s Constitution and Bylaws, and the incident was reported to the church council, with several breaches of the... View More
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James L. Arrasmith
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answered on Jun 12, 2025
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answered on Jun 12, 2025
The situation you're describing does involve illegal activity, though the specific legal consequences depend on several factors. When someone deliberately votes under another person's name with intent to manipulate election results, this constitutes voter fraud regardless of whether it... View More
Q: Can I photograph the voting screen per Delaware Election Code?
While voting in Delaware, I was stopped from taking a photo of the voting screen with my phone by polling officials, despite there being no signs against it. Phones were permitted but not for calls. Later, the Delaware Kent County Elections Officer confirmed the photo should have been allowed.... View More
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James L. Arrasmith
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answered on May 15, 2025
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answered on May 15, 2025
Under Title 15 §4943(c) of the Delaware Election Code, voters are not allowed to take photographs inside the voting booth or of the voting screen. The purpose of this rule is to ensure the privacy and confidentiality of the voting process. Although phones were permitted for non-call use, taking a... View More
1 Answer
| Asked
in
Immigration Law, Election Law, Identity Theft and Consumer Law
for
California
on
Q: Legal consequences of voter registration without citizenship affecting application?
I have been a legal permanent resident since 1988, and my status is expiring in June 2025. I am eligible to apply for citizenship but am concerned about potential legal consequences due to an issue with voter registration. In 1993, I registered to vote as a bet, and recently discovered that my... View More
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James L. Arrasmith
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answered on Apr 30, 2025
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answered on Apr 30, 2025
Your situation raises serious concerns that need prompt attention. Non-citizens face up to five years in federal prison just for registering to vote, and illegal voting can trigger severe immigration consequences, including possible deportation. This is particularly relevant since your brother... View More
Q: Green card holder voted by mistake; risks and next steps?
My friend, a green card holder in the U.S. for 17 years, inadvertently voted in a federal election after receiving a voter ballot, mistakenly believing he was eligible. He has not been contacted by immigration authorities and has cast a vote. Following advice from a paralegal, he is sending a form... View More
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James L. Arrasmith
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answered on Apr 17, 2025
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answered on Apr 17, 2025
You should immediately send your cancellation form to your local election office and request written confirmation of deregistration. Keep copies of your letter, proof of mailing, and any written responses to document your corrective action.
Reach out to an immigration attorney to review... View More
Q: Can a mentally incompetent person legally vote after being declared so in Kansas?
In 2022, a person in a nursing home was declared mentally incompetent, and a durable power of attorney was activated to make all decisions, including nursing home placement. Despite this, the individual signed a contract that the durable power of attorney successfully voided. However, the same... View More
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James L. Arrasmith
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answered on Apr 13, 2025
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answered on Apr 13, 2025
In Kansas, as in many states, the ability to vote does not automatically end when someone is declared mentally incompetent. Voting rights are generally tied to the individual’s registration status and whether a court has specifically revoked their right to vote. Simply having a durable power of... View More
1 Answer
| Asked
in
Civil Rights, Election Law, Civil Litigation, White Collar Crime and Criminal Law
for
Illinois
on
Q: Does Elon Musk have immunities against civil action in Illinois for election-related fraud?
I am concerned about a situation involving Elon Musk and potential violations of 815 ILCS 505/2. I have evidence, including articles, media, and social media recordings, indicating he may have subverted the general election by offering cash to voters for personal gain. This act has directly harmed... View More
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James L. Arrasmith
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answered on Apr 12, 2025
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answered on Apr 12, 2025
Elon Musk, like anyone else, is subject to the laws of Illinois, including the Illinois Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505/2), which addresses fraudulent actions. If you have evidence that he violated election laws or engaged in fraudulent behavior that harmed your... View More
Q: Is a prank call claiming to be in an armed group a crime?
I made a prank call to an electoral department's phone number, claiming that I was part of a group with guns. I did not make any specific threats, but I was reported to the FBI, and an investigation was initiated. I found out that the FBI is requesting my information from Google. Is what I did... View More
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James L. Arrasmith
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answered on Apr 11, 2025
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answered on Apr 11, 2025
This is a serious situation, and it's good that you're asking questions now. In California—and under federal law—making a call that suggests involvement in an armed group, especially to a government agency like an elections department, can be seen as more than just a prank. Even if no... View More
Q: Why are gathering rules around ballot drop-off boxes not stricter in CA?
Why are people allowed to linger near ballot drop-off boxes despite rules requiring a certain distance, and shouldn't there be a longer length between harassers and drop-off ballots to prevent voter intimidation?
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James L. Arrasmith
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answered on Mar 31, 2025
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answered on Mar 31, 2025
In California, the law establishes a 100-foot "no electioneering" zone around ballot drop boxes, just as it does for polling places. Within this zone, various activities are prohibited, including asking someone to vote for or against any candidate, displaying candidate names or logos,... View More
Q: False methamphetamine charge dismissed; concerns about fabricated charges and election tampering by officials in Iowa.
I was falsely charged with distribution of methamphetamine, though the charges were dismissed in the interest of justice, and all costs were taxed to the state. I believe these charges were fabricated as part of election tampering by the now-elected sheriff and his newly appointed Chief Deputy, who... View More
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James L. Arrasmith
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answered on Mar 24, 2025
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answered on Mar 24, 2025
You've been through an incredibly difficult experience with these fabricated charges and subsequent assault. Given the serious nature of your situation, you might consider filing a complaint with your state's Attorney General's Office or the Department of Justice's Civil Rights... View More
Q: When can I start fundraising for a U.S. House campaign in California's District 6?
I want to run for the U.S. House of Representatives in California's District 6 for the 2026 election. I understand that California law states that fundraising cannot begin until a candidacy is officially declared with the Secretary of State. Does this regulation apply only to positions within... View More
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James L. Arrasmith
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answered on Mar 23, 2025
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answered on Mar 23, 2025
For U.S. House campaigns (federal positions), your fundraising is primarily governed by federal election laws, not California state regulations. According to the Federal Election Commission (FEC), you can begin fundraising and become a federal candidate once you've either raised or spent... View More
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