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USA Electoral Law
USA Electoral Law
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| 1 | Yet, on the other hand, parties and even cranks can misuse administrative review in ways that waste administrative resources, stymie efficient electoral administration and encourage “defensive” practices by electoral authorities. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | That is, courts play a limited role in shaping the contours of the law, in terms of detail and administrative application. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 3 | Such situations can range from cases where a number of electors were unable to vote through innocent administrative error to cases involving allegations of misleading campaigning. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 4 | The most famous case is Woodward v Sarsons (1875),27 which addressed administrative problems with the newly enacted secret ballot legislation by invoking the “common law of parliamentary elections.” In Woodward, an eminent bench held that an election could be voided on two grounds: (a) if there was “no real electing at all”—meaning the constituency did not have a free and fair opportunity of electing the candidate the majority might prefer; or (b) if the election was “not really conductedunder the subsisting election laws”— meaning the errors were so fundamental that, in a sense, a different method of election was used to that laid down in the legislation.28 The application of these tests is a matter of great conjecture. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 5 | A court in such a situation could, under ground (b) of Woodward, order a fresh election.34 A final controversy regarding judicial review of elections concerns the role of administrative law in overseeing the electoral process. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 6 | Under the general judicial review legislation, most administrative decisions made pursuant to a statutory power are potentially subject to (i) the provision of written reasons, and (ii) natural justice review. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 7 | The question then arises: to what degree is electoral administration subject to ordinary administrative law review? This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 8 | Subjecting it to administrative review may help lead to more consistent and fairer practice. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 9 | The DLP advanced arguments based on the ACTVprinciple, as well as administrative law grounds, but lost at trial. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 10 | There, the administrative Appeals Tribunal, consisting of a full bench of Federal Court judges, ruled that the Western Australian “liberals 4 forests” was registrable, despite protests from the older, larger and more conservative Liberal Party of Australia (Western Australian Division). This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 11 | (The possibilities of administrative error or anonymous personation cast too much doubt on prosecution in such cases.) In truth, there is a dearth of credible evidence of serious attempts to influence electoral outcomes through such crude fraud. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 12 | (2) For purposes of this section and section 79l(h) of title 15,23 the term “contribution or expenditure” includes a contribution or expenditure, as those terms are defined in section 30101 of this title, and also includes any direct or indirect payment, distribution, loan, advance, deposit, or gift of money, or any services, or anything of value (except a loan of money by a national or State bank made in accordance with the applicable banking laws and regulations and in the ordinary course of business) to any candidate, campaign committee, or political party or organization, in connection with any election to any of the offices referred to in this section or for any applicable electioneering communication,but shall not include (A) communications by a corporation to its stockholders and executive or administrative personnel and their families or by a labor organization to its members and their families on any subject; (B) nonpartisan registration and get-out-the-vote campaigns by a corporation aimed at its stockholders and executive or administrative personnel and their families, or by a labor organization aimed at its members and their families; and (C) the establishment, administration, and solicitation of contributions to a separate segregated fund to be utilized for political purposes by a corporation, labor organization, membership organization, cooperative, or corporation without capital stock. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 13 | Interference by administrative employees of Federal, State, or Territorial Governments Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any 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, shall be fined under this title or imprisoned not more than one year, or both. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 14 | (B) The term “expenditure” does not include— (i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; (ii) nonpartisan activity designed to encourage individuals to vote or to register to vote; (iii) any communication by any membership organization or corporation to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office, except that the costs incurred by a membership organization (including a labor organization) or by a corporation directly attributable to a communication expressly advocating the election or defeat of a clearly identified candidate (other than a communication primarily devoted to subjects other than the express advocacy of the election or defeat of a clearly identified candidate), shall, if such costs exceed $2,000 for any election, be reported to the Commission in accordance with section 30104(a)(4)(A)(i) of this title, and in accordance with section 30104(a)(4)(A)(ii) of this title with respect to any general election; (iv) the payment by a State or local committee of a political party of the costs of preparation, display, or mailing or other distribution incurred by such committee with respect to a printed slate card or sample ballot, or other printed listing, of 3 or more candidates for any public office for which an election is held in the State in which such committee is organized, except that this clause shall not apply to costs incurred by such committee with respect to a display of any such listing made on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising; (v) any payment made or obligation incurred by a corporation or a labor organization which, under section 30118(b) of this title, would not constitute an expenditure by such corporation or labor organization; (vi) any costs incurred by an authorized committee or candidate in connection with the solicitation of contributions on behalf of such candidate, except that this clause shall not apply with respect to costs incurred by an authorized committee of a candidate in excess of an amount equal to 20 percent of the expenditure limitation applicable to such candidate under section 30116(b), but all such costs shall be reported in accordance with section 30104(b); (vii) the payment of compensation for legal or accounting services— (I) rendered to or on behalf of any political committee of a political party if the person paying for such services is the regular employer of the individual rendering such services, and if such services are not attributable to activities which directly further the election of any designated candidate to Federal office; or (II) rendered to or on behalf of a candidate or political committee if the person paying for such services is the regular employer of the individual rendering such services, and if such services are solely for the purpose of ensuring compliance with this Act or chapter 95 or chapter 96 of title 26, but amounts paid or incurred by the regular employer for such legal or accounting services shall be reported in accordance with section 30104(b) by the committee receiving such services; (viii) the payment by a State or local committee of a political party of the costs of campaign materials (such as pins, bumper stickers, handbills, brochures, posters, party tabloids, and yard signs) used by such committee in connection with volunteer activities on behalf of nominees of such party: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or particular candidates; (ix) the payment by a State or local committee of a political party of the costs of voter registration and get-out-thevote activities conducted by such committee on behalf of nominees of such party for President and Vice President: Provided, That— (1) such payments are not for the costs of campaign materials or activities used in connection with any broadcasting, newspaper, magazine, billboard, direct mail, or similar type of general public communication or political advertising; (2) such payments are made from contributions subject to the limitations and prohibitions of this Act; and (3) such payments are not made from contributions designated to be spent on behalf of a particular candidate or candidates; and (x) payments received by a political party committee as a condition of ballot access which are transferred to another political party committee or the appropriate State official. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 15 | (4) (A) Except as provided in subparagraphs (B), (C), and (D), it shall be unlawful— (i) for a corporation, or a separate segregated fund established by a corporation, to solicit contributions to such a fund from any person other than its stockholders and their families and its executive or administrative personnel and their families, and (ii) for a labor organization, or a separate segregated fund established by a labor organization, to solicit contributions to such a fund from any person other than its members and their families. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 16 | (B) It shall not be unlawful under this section for a corporation, a labor organization, or a separate segregated fund established by such corporation or such labor organization, to make 2 written solicitations for contributions during the calendar year from any stockholder, executive or administrative personnel, or employee of a corporation or the families of such persons. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 17 | A solicitation under this subparagraph may be made only by mail addressed to stockholders, executive or administrative personnel, or employees at their residence and shall be so designed that the corporation, labor organization, or separate segregated fund conducting such solicitation cannot determine who makes a contribution of $50 or less as a result of such solicitation and who does not make such a contribution. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 18 | (D) This paragraph shall not prevent a trade association or a separate segregated fund established by a trade association from soliciting contributions from the stockholders and executive or administrative personnel of the member corporations of such trade association and the families of such stockholders or personnel to the extent that such solicitation of such stockholders and personnel, and their families, has been separately and specifically approved by the member corporation involved, and such member corporation does not approve any such solicitation by more than one such trade association in any calendar year. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 19 | (5) Notwithstanding any other law, any method of soliciting voluntary contributions or of facilitating the making of voluntary contributions to a separate segregated fund established by a corporation, permitted by law to corporations with regard to stockholders and executive or administrative personnel, shall also be permitted to labor organizations with regard to their members. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 20 | (7) For purposes of this section, the term “executive or administrative personnel” means individuals employed by a corporation who are paid on a salary, rather than hourly, basis and who have policymaking, managerial, professional, or supervisory responsibilities. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 21 | (2) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this subsection and shall exercise the same without regard to whether a person asserting rights under provisions of this subsection shall have exhausted any administrative or other remedies that may be provided at law. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 22 | § 2461 (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts; and (3) ‘Consumer Price Index’ means the Consumer Price Index for all-urban consumers published by the Department of Labor. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 23 | §§ 30101(8)(B)(vi) and 30118(b)(2)(A) — establishment, administrative and solicitation expenses of separate segregated fund, 52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 24 | § 30101(13) Executive or administrative personnel, 52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 25 | § 30116(a)(1) and (3) and (c) — see also: CONTRIBUTIONS Electioneering communications made by — see: ELECTIONEERING COMMUNICATIONS Executive or administrative personnel, definition, 52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 26 | 1 Sub-region in this case and hereinafter means an administrative unit, which is smaller than a region but bigger than a city. General provisions Article 1. | Uzbekistan Electoral Law |
| 27 | Borders of election constituencies for the election of deputies of the Legislative Chamber shall be determined taking into account the administrative and territorial structure of the Republic of Karakalpakstan, regions and Tashkent city, as a rule, with an equal number of voters throughout the territory of the Republic of Uzbekistan. General provisions Article 1. | Uzbekistan Electoral Law |
| 28 | The borders of the election constituencies are determined taking into account the administrative and territorial structure of the region, sub-regional and cities. General provisions Article 1. | Uzbekistan Electoral Law |
| 29 | Candidates for President of the Republic of Uzbekistan may not be prosecuted, arrested or subjected to administrative penalties imposed on them without the consent of the General Prosecutor of the Republic of Uzbekistan. General provisions Article 1. | Uzbekistan Electoral Law |
| 30 | It is forbidden to conduct pre-election campaigning: heads of government and administrative bodies, local government bodies; servicemen of the Armed Forces of the Republic of Uzbekistan, employees of the State Security Service of the Republic of Uzbekistan, other paramilitary formations, law enforcement agencies, judges; members of election commissions; officials of religious organizations. General provisions Article 1. | Uzbekistan Electoral Law |
| 31 | Section 82 [Deduction of administrative Expenses] The costs, charges, and expenses incident to the collection, management, and receipt of the Consolidated Revenue Fund shall form the first charge thereon; and the revenue of the Commonwealth shall in the first instance be applied to the payment of the expenditure of the Commonwealth. Section 3 [Governmental Remuneration] There shall be payable to the Queen out of the Consolidated Revenue Fund of the Commonwealth, for the salary of the Governor General, an annual sum which, until the Parliament otherwise provides, shall be ten thousand pounds. | Australia Constitution |
| 32 | The Republic of Karakalpakstan shall be independent in determining its administrative and territorial structure. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 33 | The joint conduct of the Legislative Chamber and the Senate of the Oliy Majlis of the Republic of Uzbekistan shall include: 1) adoption of the Constitution of the Republic of Uzbekistan, introducing amendments; 2) adoption of the Constitutional laws and laws of the Republic of Uzbekistan, introducing amendments; 3) ratification and denouncement of international treaties; 4) adoption of decision on holding a referendum of the Republic of Uzbekistan and designation the date of its holding; 5) determination of the guidelines of national and foreign policies of the Republic of Uzbekistan, and adoption of strategic state programs; 6) determination of the structure and powers of the bodies of the legislative, executive and judicial authorities of the Republic of Uzbekistan; 7) admission of new state formations into the Republic of Uzbekistan and approval of decisions to secede from the Republic of Uzbekistan; 8) legislative regulation of customs, currency and credit systems; 9) approval of the state budget of the Republic of Uzbekistan submitted by the Cabinet of Ministers of the Republic of Uzbekistan, introducing amendments; 10) determination of the maximum size of government debt of the Republic of Uzbekistan; 11) determination of taxes and other compulsory payments; 12) legislative regulation of the administrative and territorial structure, and alteration of the boundaries of the Republic of Uzbekistan; 13) formation, annulment and renaming of districts, towns, cities and regions, and alteration of their boundaries; 14) institution of state awards and titles; 15) formation of the Central Election Commission of the Republic of Uzbekistan; 16) election of an Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) and the Deputy of Ombudsman; 17) ratification of decree of the President of the Republic of Uzbekistan on announcement of condition of war in case of attack on the Republic of Uzbekistan or necessity of implementation of contractual obligations on mutual defense from aggression; 18) ratification of decrees of the President of the Republic of Uzbekistan on announcement of general and partial mobilization, introducing, prolongation or discontinuance of the state of emergency; 19) hearing the annual National Report on anti-corruption in the Republic of Uzbekistan; 20) conducting parliamentary investigation; 21) exercising of other powers specified by the Constitution and laws. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
| 34 | They may not be brought to criminal responsibility, arrested or subject to measures of administrative penalty imposed in the judicial order, without the consent accordingly of the Legislative Chamber and the Senate. FUNDAMENTAL PRINCIPLES Chapter I. | Uzbekistan Constitution |
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