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>

The election day-end interpretation makes the word “calendar” superfluous.  But perhaps more to the point, here’s context from the bill itself (SB 2086).  Note that the criterion would be applied at the time a person seeks to qualify for nomination by a party, and that must be earlier than the general election.  (strikeout = [ ] and underline = _ _)

“(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




On 4/26/2011 4:42 PM, Even, Jeff (ATG) wrote:
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

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--
David A. Holtzman, M.P.H., J.D.
david@holtzmanlaw.com

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