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USA Electoral Law
USA Electoral Law
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| 1 | Electoral law, as a scholarly discipline in Australia, is only beginning to emerge from a Cinderella state.2 In this article, we describe the key issues and themes in Australian electoral law, largely in respect to the uniform national (that is, federal) electoral law, but also, where relevant, to the law that applies to state and territory elections. This makes 2003 a good time to reflect and take stock of Australian electoral law. | Australian Electoral Law |
| 2 | (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under subsection (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 3 | (5) Where sufficient evidence is adduced to raise an issue with respect to the defence under sub-paragraph (4), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 37) Voting system for elections for certain offices 13 Simple majority system to be used in elections for certain offices PART 2 OVERSEAS ELECTORS AND EU CITIZENS Overseas electors 14 Extension of franchise for parliamentary elections: British citizens overseas Voting and candidacy rights of EU citizens 15 Voting and candidacy rights of EU citizens PART 3 THE ELECTORAL COMMISSION Strategy and policy statement 16 Strategy and policy statement 17 Examination of duty to have regard to strategy and policy statement Membership of the Speaker’s Committee 18 Membership of the Speaker’s Committee Criminal proceedings 19 Criminal proceedings PART 4 REGULATION OF EXPENDITURE Notional expenditure of candidates and others 20 Notional expenditure: use of property etc on behalf of candidates and others 21 Codes of practice on expenses 22 Authorised persons not required to pay expenses through election agent Registration of parties etc 23 Declaration of assets and liabilities to be provided on application for registration 24 Prohibition on entities being registered political parties and recognised third parties at same time 25 Section 24: transitional provision Elections Act 2022 (c. | Great Britain Electoral Law |
| 4 | On or after the date on which a political party nominates a candidate, no committee of the political party may make— (i) any coordinated expenditure under this subsection with respect to the candidate during the election cycle at any time after it makes any independent expenditure (as defined in section 30101(17) of this title with respect to the candidate during the election cycle; or (ii) any independent expenditure (as defined in section 30101(17) of this title with respect to the candidate during the election cycle at any time after it makes any coordinated expenditure under this subsection with respect to the candidate during the election cycle. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 5 | Not later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Senator, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the election that will exceed the State-by-State competitive and fair campaign formula with— (I) the Commission; and (II) each candidate in the same election. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 6 | (D) As used in this paragraph, the term “report” means, with respect to the Commission, a report, designation, or statement required by this Act to be filed with the Commission. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 7 | After a person files a report under subparagraph (A), the person shall file an additional report within 24 hours after each time the person makes or contracts to make independent expenditures aggregating an additional $1,000 with respect to the same election as that to which the initial report relates. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 8 | After a person files a report under subparagraph (A), the person shall file an additional report within 48 hours after each time the person makes or contracts to make independent expenditures aggregating an addi- tional$10,000 with respect to the same election as that to which the initial report relates. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 9 | The Commission shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 10 | All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 11 | (3) In any criminal action brought for a violation of any provision of this Act or of chapter 95 or chapter 96 of title 26, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether— (A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Commission under subparagraph (a)(4)(A); (B) the conciliation agreement is in effect; and (C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 12 | (B) A separate segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) which is used solely to defray expenses incurred with respect to the construction, purchase, renovation, operation, and furnishing of one or more headquarters buildings of the party or to repay loans the proceeds of which were used to defray such expenses, or otherwise to restore funds used to defray such expenses (including expenses for obligations incurred during the 2-year period which ends on the date of the enactment of this paragraph). VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 13 | (C) A separate segregated account of a national committee of a political party (including a national congressional campaign committee of a political party) which is used to defray expenses incurred with respect to the preparation for and the conduct of election recounts and contests and other legal proceedings. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 14 | A committee of a political party that makes coordinated expenditures under this subsection with respect to a candidate shall not, during an election cycle, transfer any funds to, assign authority to make coordinated expenditures under this subsection to, or receive a transfer of funds from, a committee of the political party that has made or intends to make an independent expenditure with respect to the candidate. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 15 | The opposition personal funds amount is an amount equal to the excess (if any) of— (i) the greatest aggregate amount of expenditures from personal funds (as defined in section 30104(a)(6)(B) of this title) that an opposing candidate in the same election makes; over (ii) the aggregate amount of expenditures from personal funds made by the candidate with respect to the election. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 16 | § 30116(a)(1)(A)) with respect to the candidate shall be tripled; (B) the limit under subsection (a)(3) (52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 17 | § 30116(a)(3)) shall not apply with respect to any contribution made with respect to the candidate if the contribution is made under the increased limit allowed under subparagraph (A) during a period in which the candidate may accept such a contribution; and (C) the limits under subsection (d) (52 U.S.C. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 18 | The opposition personal funds amount is an amount equal to the excess (if any) of— (i) the greatest aggregate amount of expenditures from personal funds (as defined in subsection (b)(1)) that an opposing candidate in the same election makes; over (ii) the aggregate amount of expenditures from personal funds made by the candidate with respect to the election. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 19 | Not later than the date that is 15 days after the date on which an individual becomes a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the candidate shall file a declaration stating the total amount of expenditures from personal funds that the candidate intends to make, or to obligate to make, with respect to the election that will exceed $350,000. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 20 | Extension of credit by regulated industries; regulations The Secretary of Transportation, the Federal Communications Commission, and the Surface Transportation Board shall each maintain its own regulations with respect to the extension of credit, without security, by any person regulated by the Secretary under subpart II of part A of subtitle VII of Title 49, or such Commission or Board, to any candidate for Federal office, or to any person on behalf of such a candidate, for goods furnished or services rendered in connection with the campaign of such candidate for nomination for election, or election, to such office. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 21 | Definitions For purposes of this chapter— (1) The term “authorized committee” means, with respect to the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 22 | (1) Except as provided in paragraph (2), it shall be unlawful for any political committee which is not an authorized committee with respect to the eligible candidates of a political party for President and Vice President in a presidential election knowingly and willfully to incur expenditures to further the election of such candidates, which would constitute qualified campaign expenses if incurred by an authorized committee of such candidates, in an aggregate amount exceeding $1,000. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 23 | Definitions For the purposes of this chapter— (1) The term “authorized committee” means, with respect to the candidates of a political party for President and Vice President of the United States, any political committee which is authorized in writing by such candidates to incur expenses to further the election of such candidates. VOTING AND ELECTIONS Chapter 301—Federal Election Campaigns Subchapter 1—Disclosure of Federal Campaign Funds § 30101. | USA Electoral Law |
| 24 | Section 97 [Transition of Colony Revenue Laws] Until the Parliament otherwise provides, the laws in force in any colony which has become or becomes a State with respect to the receipt of revenue and the expenditure of money on account of the Government of the Colony, and the review and audit of such receipt and expenditure, shall apply to the receipt of revenue and the expenditure of money on account of the Commonwealth in the State in the same manner as if the Commonwealth, or the Government or an officer of the Commonwealth, were mentioned whenever the Colony, or the Government or an officer of the Colony is mentioned. 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 |
| 25 | Section 105a [Consolidation Agreements] (1) The Commonwealth may make agreements with the States with respect to the public debts of the States including: (a) the taking over of such debts by the Commonwealth; (b) the management of such debts; (c) the payment of interest and the provision and management of sinking funds in respect of such debts; (d) the consolidation, renewal, conversion, and redemption of such debts; (e) the indemnification of the Commonwealth by the States in respect of debts taken over by the Commonwealth; and (f) the borrowing of money by the States or by the Commonwealth or by the Commonwealth for the States. 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 |
| 26 | Section 3 [Presidential Rights and Duties] He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. Article I [Legislature] Section 1 [Legislative Power Vested] All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. | USA Constitution |
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