by Ed Naile
In the New Hampshire Constitution the word ‘domicile’ is used to establish voting rights. Just the word domicile is used, no other description is needed. Domicile is a word that in law means, one’s legal residence, or legal place of abode.
This last election was one in which out of state students, who pay out of state tuition, who are keeping out of state driver licenses, and who are subject to other state’s income taxes, were allowed and encouraged to vote.
NH, currently, has a judicial system that has allowed this to happen. This is what is known as “judicial activism,” helping one party win an election, as opposed to helping a specific issue such as education funding.
So when you hear Democrats and pundits claim NH is a “Blue” state. Remember how they got there this time.
What is DOMICILE?
That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present intention of making a permanent home, until some unexpected event shall occur to induce him to adopt some other permanent home. In re Garneau, 127 Fed. G77, 02 C. C. A. 403.In its ordinary acceptation, a person’s domicile is the place where he lives or has his home. In a strict and legal sense, that is properly the domicile of a person where he has his true, fixed, permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning.Anderson v. Anderson, 42 Vt. 350, 1Am. Rep. 334.Domicile is but the established, fixed, permanent, or ordinary dwelling-place or place of residence of a person, as distinguished from his temporary and transient, though actual, place of residence. It is his legal residence, as distinguished from his temporary place of abode; or his home, as distinguished from a place to which business or pleasure may temporarily call him. Salem v. Lyme, 29 Conn. 74.Domicile is the place where a person has fixed his habitation and has a permanent residence, without any present intention of removing there from. Crawford v. Wilson, 4 Barb. (N. Y.) 504, 520. _One’s domicile is the place where one’s family permanently resides. Daniel v. Sullivan, 40 Ga. 277.In international law, “domicile” means a residence at a particular place, accompanied with positive or presumptive proof of intending to continue there for an unlimited time. State v. Collector of Bordentown, 32 N. J. Law, 192.”Domicile” and “residence” are not synonymous. The domicile is the home, the fixed place of habitation; while residence is a transient place of dwelling.Bartlett v. New York. 5 Sandf. (X. Y.) 44.The domicile is the habitation fixed in any place villi an intention of always staying there, while simple residence is much more temporary in its character. New Y’ork v. Genet, 4 Ilun (N. Y.) 4S9.
Read more: What is DOMICILE? Definition of DOMICILE (Black’s Law Dictionary)
What is RESIDENCE?
Living or dwelling in a certain place permanently or for a considerable length of time. The place where a man makes his home, or where he dwells permanently or for an extended period of time. The difference between a residence and a domicile may not be capable of easy definition; but every one can see at least this distinction: A person domiciled in one state may, for temporary reasons, such as health, reside for one or more years in some other place deemed more favorable. He does not, by so doing, forfeit his domicile in the first state, or, in any proper sense, become a non-resident of it, unless some intention, manifested by some act, of abandoning his residence in the first state is shown. Walker’s Estate v. Walker, 1 Mo. App. 404. “Residence” means a fixed and permanent abode or dwelling-place for the time being, as contradistinguished from a mere temporary locality of existence. So does “inhabitancy ;” and the two are distinguishable in this respect from “domicile.” In re Wrigley, 8 Wend. (N. Y.) 134. As they are used in the New York Code of Procedure, the terms “residence” and “resident” mean legal residence; and legal residence is the place of a man’s fixed habitation, where his political rights are to be exercised, and where he is liable to taxation.Houghton v. Ault, 10 How. Prac. (N. Y.) 77. A distinction is recognized between legal and actual residence. A person may be a legal resident of one place and an actual resident of another. He may abide in one state or country without surrendering his legal residence in another, if he so intends. Ilis legal residence may be merely ideal, but his actual residence must be substantial. He may not actually abide at his legal residence at all, but his actual residence must be his abiding place. Tipton v. Tipton. 87 Ky. 243. 8 S. W. 440; Hinds v. Hinds. 1 Iowa, 30; Fitzgerald v. Arel, 03 Iowa, 101. 18 N. W. 713, 50 Am. Rep. 733; Ludlow v. Szold, 00 Iowa, 175, 57 N. W. 070.
Read more: What is RESIDENCE? Definition of RESIDENCE (Black’s Law Dictionary)