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0 tracked cards Criminal Law

An Election Integrity Offenses Act (EIOA) is enacted on January 20, 2026. The Act criminalizes "false statements about elections" and provides imprisonment up to six years. It contains a transitional provision stating that it applies to all statements published from January 1, 2010 onward. A blogger published a post about a government election audit on March 15, 2012. On March 25, 2026 the blogger is arrested and charged under EIOA for the 2012 post. (a) Identify the primary due process issue and the controlling doctrine. (b) Explain how ex post facto analysis operates and what makes a statute ex post facto. (c) Apply to the facts: does EIOA violate the ex post facto prohibition? What is the proper disposition, and why?

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Bill of Attainder: the Act punishes a person or class by legislative decree without a trial; the charge should be dismissed. Right to counsel violation: the blogger's right to counsel was violated at arrest; the charge should be dismissed. Retroactive criminal liability is permissible if the offense existed before the Act was enacted; the charge should stand. Ex post facto: the Act retroactively criminalizes past statements in violation of the Constitution; the charge should be dismissed.

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