Subject: Re: [EL] what do people understand this sentence to mean? |
From: "David A. Holtzman" <David@HoltzmanLaw.com> |
Date: 4/26/2011, 5:21 PM |
To: "election-law@mailman.lls.edu" <election-law@mailman.lls.edu> |
“(b) In addition, any person seeking to qualify for nomination
as a candidate
of any political party shall, at the time of subscribing to the
oath or affirmation,
state in writing:
1. The party of which the person is a member.
2. That the person [is not a registered member of any other
political party and]
has not been a _registered member of_ [candidate for nomination
for] any other
political party _in the calendar year leading up to the general
election_ [for
a period of 6 months preceding the general election] for which
the person seeks
to qualify.
3. That the person has paid the assessment levied against him or
her, if any,
as a candidate for said office by the executive committee of the
party of which
he or she is a member.”
And here are the other uses of “calendar” in the bill (again,
strikeout = [ ]
and underline = _ _; note: this is the third version of the
bill, so stricken
text may not be existing law):
“extending the validity of an absentee ballot request to include
all elections
to the end of the calendar year of the second ensuing regularly
scheduled
general election ...”
“creating an exception for reports due in the third calendar
quarter
immediately preceding a general election from a requirement that
the campaign
treasurer report contributions received and expenditures made on
the 10th day
following the end of each calendar quarter …”
“The aggregate fine pursuant to this paragraph which may be
assessed against a
third-party voter registration organization, including affiliate
organizations,
for violations committed in a calendar year is $1,000.”
“Each clerk of the circuit court shall furnish monthly to the
department a list
of those persons who have been adjudicated mentally
incapacitated with respect
to voting during the preceding calendar month, a list of those
persons whose mental
capacity with respect to voting has been restored during the
preceding calendar
month, and a list of those persons who have returned signed jury
notices during
the preceding months to the clerk of the circuit court
indicating a change of
address.”
“One request shall be deemed sufficient to receive an absentee
ballot for all
elections through _the end of the calendar year of_ the _second
ensuing_ [next]
regularly scheduled general election ...”
“Each political committee that anticipates receiving 2793
contributions or
making expenditures during a calendar year in 2794 an aggregate
amount
exceeding $500 or ...”
“Each _group that_ [electioneering communications organization
that receives
contributions or] makes expenditures during a calendar year in
an aggregate
amount exceeding $5,000 shall ...”
“for any contributions that represent the payment of dues by
members in a fixed
amount aggregating no more than $250 per calendar year...” (Whaaaaa??)
“_Except for the third calendar quarter immediately preceding a
general
election,_ reports shall be filed on the 10th day following the
end of each
calendar quarter from the time the campaign treasurer is
appointed, except
that, if the 10th day following the end of a calendar quarter
occurs on a
Saturday, Sunday, or legal holiday, the report shall be filed on
the next following
day which is not a Saturday, Sunday, or legal holiday. Quarterly
reports shall
include all contributions received and expenditures made during
the calendar
quarter which have not otherwise been reported pursuant to this
section.”
“shall be filed on the 10th day following the end of each
calendar quarter ...”
“shall file a copy of each prior written acceptance of an
in-kind contribution
given by the committee during the preceding calendar quarter as
required under
s. 106.08(6).”
- dah
Moreover, context matters and none has been provided. For example, some states may have statutes or court decisions that set out generally-applicable rules for calculating time, or defining terms like "year, "month," etc. -----Original Message----- From: election-law-bounces@mailman.lls.edu [" etc. -----Original Message----- From: election-law-bounces@mailman.lls.edu [mailto:election-law-bounces@mailman.lls.edu] On Behalf Of Lowenstein, Daniel Sent: Tuesday, April 26, 2011 4:34 PM To: jon.roland@constitution.org; election-law@mailman.lls.edu Subject: Re: [EL] what do people understand this sentence to mean? I agree that commonly "calendar year" refers to a period from January 1 to December 31. However, for an election occurring in 2012, neither calendar 2011 or calendar 2012 makes much sense. It would work reasonably well to use calendar 2012 for an election held in November, but what about a special election held in January? Furthermore, neither calendar 2011 nor calendar 2012 "lead[s] up to" the general election. Each leads up to January 1 of the following year. Therefore, neither calendar 2011 nor calendar 2012 is consistent with the statutory language, whereas the 365-day period immediately prior to the election is. As Mark Scarberry showed, that interpretation matches a recognized use of the phrase "calendar year," albeit admittedly not the most common use. For these reasons, I agree with Mark's interpretation. Best, Daniel H. Lowenstein Director, Center for the Liberal Arts and Free Institutions (CLAFI) UCLA Law School 405 Hilgard Los Angeles, California 90095-1476 310-825-5148 ________________________________ From: election-law-bounces@mailman.lls.edu [election-law-bounces@mailman.lls.edu] On Behalf Of Jon Roland [jon.roland@constitution.org] Sent: Tuesday, April 26, 2011 3:24 PM To: election-law@mailman.lls.edu Subject: Re: [EL] what do people understand this sentence to mean? In most states where I have found the phrase used, it means the calendar year beginning January 1. That is the meaning in Texas. -- Jon ---------------------------------------------------------- Constitution Society http://constitution.org 2900 W Anderson Ln C-200-322 twitter.com/lex_rex Austin, TX 78757 512/299-5001 jon.roland@constitution.org<mailto:jon.roland@constitution.org> ---------------------------------------------------------- _______________________________________________ election-law mailing list election-law@mailman.lls.edu http://mailman.lls.edu/mailman/listinfo/election-law _______________________________________________ election-law mailing list election-law@mailman.lls.edu http://mailman.lls.edu/mailman/listinfo/election-law
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