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
[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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