Court : US Supreme Court
..... vote is denied or abridged to any male inhabitant of the state having attained majority, and being a citizen of the united states, then the basis of representation to which each state is entitled in the congress shall be proportionately reduced. whenever presidential electors are appointed by popular election, then the right to vote ..... each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature," and by the third paragraph, "when vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies." section 4 reads: "the times, places, and manner of holding ..... the twelfth amendment, which superseded that clause in case of a failure in the election of president by the people, the house of representatives is to choose the president, and "the vote shall be taken by states, the representation from page 146 u. s. 27 each state having one vote." the state acts as a unit, .....
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..... current (or in some cases recent) residence. the only legal incapacity of any significance relates to convicted prisoners. section 3(1) of the representation of the people act 1983 provides that convicted prisoners are "legally incapable of voting at any parliamentary or local government election." there are limited exceptions for those committed ..... had the unintended effect of excluding from registration not only convicted prisoners, but prisoners on remand, an anomaly which was not corrected until the representation of the people act 2000 allowed remand prisoners to be treated as residing in the place where they were in custody. thirdly, even those prisoners who before ..... that all convicted prisoners should be ineligible to vote. this recommendation was accepted, and effect was given to it by section 3 of the representation of the people act 1969. 128. the rationale of the exclusion of convicted prisoners from the franchise is as complex as the rationale for imprisonment itself. section .....
Tag this Judgment!Court : UK Supreme Court
..... schedule 5 to the 1998 act. an example would be the maximum term of imprisonment on summary conviction of a corrupt practice under section 168(1)(b) of the representation of the people act 1983. 114. section 29(4) of the 1998 act has also to be considered, however, since it contemplates the possibility that a provision whose purpose does not otherwise ..... to a reserved matter. the act would therefore be outside its competence. sometimes, of course, the purpose of a provision may be obscure. and, even when it is not obscure, people may describe the purpose in slightly different ways. but, having regard to its background and its context, i would identify the purpose of section 45 of the 2007 act as .....
Tag this Judgment!Court : UK Supreme Court
..... , commonwealth and european union citizens are entitled to register on an electoral register in the electoral area in which they reside section 4 of the representation of the people act 1983. if a donor is not qualified to be entered on an electoral register in the united kingdom it is not unrealistic to treat that ..... political parties. this appeal centres on chapter ii of part iv under the heading, "restrictions on donations to registered parties", and more particularly on donations from people not permitted to donate which a party nevertheless accepts (impermissible donations as i shall henceforth refer to them). section 58 of the act applies to such donations ..... : those who were eligible to be registered, but who were not registered. the white paper pointed out, however, that, with the introduction of rolling registration, people in that position could readily apply to be registered and it would then be open to a political party to accept a donation from them. "in practice, therefore .....
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McIntyre v. Ohio Elections Comm'n - 514 U.S. 334 (1995) OCTOBER TERM, 1994 Syllabus McINTYRE, EXECUTOR OF ESTATE OF McINTYRE, DECEASED v. OHIO ELECTIONS COMMISSION CERTIORARI TO THE SUPREME COURT OF OHIO No. 93-986. Argued October 12, 1994-Decided April 19, 1995 Mter petitioner's decedent distributed leaflets purporting to express the views of "CONCERNED PARENTS AND TAX PAYERS" opposing a proposed school tax levy, she was fined by respondent for violating 3599.09(A) of the Ohio Code, which prohibits the distribution of campaign literature that does not contain the name and address of the person or campaign official issuing the literature. The Court of Common Pleas reversed, but the Ohio Court of Appeals reinstated the fine. In affirming, the State Supreme Court held that the burdens 3599.09(A) imposed on voters' First Amendment rights were "reasonable" and "nondiscriminatory" and therefore valid. Declaring that 3599.09(A) is intended to identify persons who distribute campai...
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..... local authority has a duty to make them in exercise of its functions under section 29. 14. section 4 of the disabled persons (services, consultation and representation) act 1986 provides that, upon request by or on behalf of a disabled person, a local authority "shall decide whether the needs of the disabled person ..... the appellant is indeed very severely disabled and all his needs have been assessed as "critical" within the meaning of prioritising need in the context of putting people first: a whole system approach to eligibility for social care, the department of health's statutory guidance on eligibility criteria for adult social care (2010). the ..... depending upon those individual circumstances". in cambridgeshire, the framework has been devised by reference to the total costs of the care packages for a number of disabled people. the figure generated by the framework (the maximum) has then been adjusted upwards by reference to the authority's upper banding calculator. this does give the .....
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..... reasons offered in support of this rule. first, says the court, it is "established that the fundamental principle of representative government in this country is one of equal representation for equal numbers of people . . . ." [ footnote 2/5 ] with all respect, i think that this is not correct, simply as a matter of fact. it has been ..... of a state legislature. in my view, if one house is fairly apportioned by population (as is admitted here), then the people should have some latitude in providing, on a rational basis, for representation in the other house. the page 377 u. s. 743 court seems to approve the federal arrangement of two senators from ..... it is a meaningless abstraction as applied to a multi-membered body because the factors of political party alignment and interest representation make such theoretical bloc voting a practical impossibility. for example, 31,000,000 people in the 26 least populous states representing only 17% of united states population have 52% of the senators in the .....
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..... and also to operate as a standing inducement to negro suffrage." 2467 (mr. boyer). "shall the pardoned rebels of the south include in the basis of representation four million people to whom they deny political rights, and to no one of whom is allowed a vote in the selection of a representative?" 2468 (mr. kelley). ..... ii, 14, of the northwest ordinance of 1787 stated quite specifically: "the inhabitants of the said territory shall always be entitled to the benefits . . . of a proportionate representation of the people in the legislature." [ footnote 55 ] see the discussion in wesberry v. sanders, 376 u.s. at 376 u. s. 14 . [ footnote 56 ] 372 u ..... amendment. nevertheless, wesberry clearly established that the fundamental principle of representative government in this country is one of equal page 377 u. s. 561 representation for equal numbers of people, without regard to race, sex, economic status, or place of residence within a state. our problem, then, is to ascertain, in the instant .....
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..... but in cases where a state shall neglect or refuse to make the regulations therein mentioned, or shall make regulations subversive of the rights of the people to a free and equal representation in congress, agreeably to the constitution." 2 j. elliot's debates on the federal constitution 177 (1876). the speech of mr. cabot, one ..... of the congressional districts. in the ratifying conventions, speakers "argued that the power given congress in art. i, 4, was meant to be used to vindicate the people's right to equality of representation in the house," wesberry v. sanders, 376 u. s. 1 , 376 u. s. 16 (1964), and that congress would " most probably . . . ..... states may be restored to representative power without the right of franchise being conferred upon the colored people -- i should feel myself doubly humiliated and disgraced, and criminal even, if i hesitated to do what i can for a proposition which equalizes representation." globe 2508. [ footnote 3/34 ] "the second section, mr. speaker, is, in .....
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..... population live in districts electing a majority of the house members. twenty-seven house districts have more than three times the representation of the people of fairfax county, 12 districts have twice the representation of arlington county, and six, twice that of norfolk. no adequate political remedy to obtain legislative reapportionment appears to exist ..... for a population of 305,872. and fairfax county (including the cities of fairfax and falls church), with two senators for 285,194 people, has but .70 of its ideal representation in the virginia senate. in comparison, the smallest senatorial district, with respect to population, has only 61,730, and the next ..... those similarly situated. the court rejected any possibility of different bases of representation being applicable in the two houses of the virginia legislature, stating that, in virginia, each house has "a direct, indeed the same, relation to the people," and that the principal present-day justification for bicameralism in state .....
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