what type of lawyer do you need to contest an election?

How to contest a member of the House of Representatives?

Oct 19, 2016 · Media Contacts Charles B. Jimerson Managing Partner Nikos Westmoreland Director of Business Development Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please …

How can a candidate contest an election result?

Oct 20, 2016 · CHRIS ASHBY, Election Lawyer: ... And so you are bringing a contest to the election of the electors. ... that could be hundreds of electoral votes …

Can You contest an election under the common law?

An election is the process of choosing a person to fill an office. An election contest is a right of action conferred on every candidate to contest the certification of nomination or the certificate of vote as made by the appropriate officials in any election [i]. It is a post-election contest between two competing candidates [ii].

Can a person be disqualified from contesting elections?

Aug 29, 2017 · The Court held that right to contest an election is not a fundamental or common law right but is a statutory one and that in the instant case it was determined by the RUSU Constitution under clause 15(f)(iv) that the petitioner earlier having contested a duly held election on the Research Scholar Representative in 2016 cannot again contest ...

How long does it take to get official records after the election?

To illustrate, let’s say the rumors and hunches don’t surface until a week after the election, an immediate official records request is made where the records are not made available until 10 days later and it take 3 days for a person to find the time to review all the records.

How long does it take to file an arbitration petition?

All necessary steps must be taken within this 60-day deadline so that the arbitration petition can be timely and properly filed. The statutory prerequisites to filing an arbitration petition include ...

Is poll watcher training dangerous?

CHRIS ASHBY: Well, that's a very dangerous situation, because, in most states, they're not going to be allowed in. Most states require poll watchers to have some sort of credential, some type of training and potentially understanding of the process that they're observing.

Does Chris Ashby waive his right to vote?

CHRIS ASHBY, Election Lawyer: No, it's not because it's a statement of the obvious. He doesn't waive his right. He doesn't need to claim that right now. What he should do is say what every major, indeed every presidential candidate before him has said, which is, I will accept the outcome.

What is the right to contest an election?

The right to contest an election exists only under the constitutional and statutory provisions. An election contest is a special statutory proceeding. One who seeks the benefit of a statutory proceeding must comply with all the procedural terms of the statute. Courts cannot exceed the provisions of applicable statutes in resolving election contests ...

What is an election contest?

Election Contests. An election is the process of choosing a person to fill an office. An election contest is a right of action conferred on every candidate to contest the certification of nomination or the certificate of vote as made by the appropriate officials in any election [i]. It is a post-election contest between two competing candidates ...

What does it mean to declare an election void?

declare the election void if it concludes that it cannot determine the true outcome of the election; or. conclude that a new election is the fairest way to ascertain the true will of the people. In many jurisdictions, statutory or constitutional provisions provide appeal from election contests available in many jurisdictions.

What is the purpose of the court in deciding an election?

In deciding an election contest, the court can: uphold the entire election or declare it invalid; declare a winner of the election or order a new election between the candidates;

When legal votes are rejected at the polls, sufficient to change the result?

When legal votes rejected at the polls, sufficient to change the result; Where any error is committed by any board of canvassers in counting the votes or declaring the result of the election. There is no provision under the common law to contest an election.

Who is disqualified from sitting in the election hearing?

A judge who may be affected by the result of the decision is disqualified from sitting in the hearing. The proper or necessary parties to election contest proceedings are usually prescribed by each statute. The right to contest an election is generally conferred on [xiv]: Electors; Candidates; or. Both.

Who has jurisdiction to hear an election?

The court or board authorized by statute or the constitution has jurisdiction to hear an election contest. The jurisdictional facts must appear on the face of the proceedings. However, jurisdictional defects can be raised at any time [xiii].

Can you vote in prison?

No. According to section 62 (5) of the Representation of the People Act, 1951, no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police. Q 8. Every candidate is required to make security deposit.

Can I vote if someone else has already voted in my name?

Yes. If a person finds that someone else has already voted in his name, then also he will be allowed to vote. But his ballot paper will be marked as a Tendered Ballot Paper by the Presiding Officer. This will be kept separately in the prescribed cover, as per Rule 42 of the Conduct of Elections Rules, 1961.

Can a person on bail contest an election?

Ans. No. Even if is a person is on bail, after the conviction and his appeal is pending for disposal, he is disqualified from contesting an election as per the guidelines issued by the Election Commission of India. Q 7.

What is a Will Contest?

A will states instructions for distributing assets after someone dies. It explains the descendant's final wishes after they pass away in order to eliminate confusion and conflict during this challenging situation. However, in some cases, someone may challenge the validity of a will. When this happens, it means the will is being contested.

Why Do You Need a Lawyer?

Even if you believe that contesting a will is necessary, the court might not agree. Consulting with a lawyer early in the process can help with determining if you have legal grounds for mounting a challenge. A lawyer will evaluate the will and your claims and help you decide whether you should take legal action.

Contact Obenshain Law Group

Contesting a will is a time-sensitive legal act. If you are planning to do so, you must contact a law firm, such as the Obenshain Law Group, as soon as possible. Fighting the will is an uphill battle that is often stressful, but with the help of a legal professional, you can increase your chances of winning your case.

Who May Contest a Will? What Are the Legal Grounds for Contesting a Will?

Not everyone involved with the testator may contest their will. In fact, only a person who has what is referred to as “standing” may contest a will. A person who has standing to contest a will is someone who is named in the actual will document, and is therefore a beneficiary.

How Is a Will Contested? How Can it be Avoided?

Contesting a will generally begins with filing a lawsuit with the probate court. This could involve submitting various documents that highlight your reasons for contesting the will. It is important that you state the exact grounds for contesting the will. An example of this would be that you believe fraud was involved in the will’s creation.

Do I Need an Attorney to Assist in Contesting a Will?

Although there may be much to gain from contesting a will, it can be a complicated and time consuming process that requires knowledge of local and state laws. A skilled and knowledgeable estate attorney can help determine the correct contest process for your state, as well as determine if you have standing to do so.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.