by Ed Naile
Everyone knows the New Hampshire “paper” that sells itself as a business tabloid is overwhelmingly left-wing. It has a snotty, condescending, political comment section on the next to the last page that invents, if need be, several stories each month about how Republicans are losers and progressives are the smart set.
The tabloid shows up at our Coalition of NH Taxpayers office in Concord, so I see it now and then. Mostly, people email me about some article that bothered them.
This month was a doozy.
Someone at the NH-ACLU came up with an article about student voters in NH that sets the standard for stupid.
The author has a law degree – surprise!
Here is a sample of her work in describing legal terms:
“Currently, students attending school and living in New Hampshire can vote with an out-of-state driver’s license. This is standard practice nationally. By moving to and living in New Hampshire, students acquire domicile (meaning they are here more than they are not) and have a constitutional right to vote here, despite not meeting the stricter requirements for residency. The distinction between domicile and residency is not just semantics, it’s financial.”
Sorry sister. The difference between resident and domicile when it comes to voting is LEGAL.
Article I Part 11 – Voters must establish a domicile to vote. A domicile is your single legal residence. It is where you pay a state income tax, get married, acquire a driver’s license or anything else to do with civic duty.
RSA 21:6 defines Residence and Domicile as used in statutes:
21:6 Resident; Inhabitant. – A resident or inhabitant or both of this state and of any city, town or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town or other political subdivision of this state, and who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.
Source. RS 1:5. CS 1:5. GS 1:6. GL 1:6. PS 2:6. PL 2:6. RL 7:6. RSA 21:6. 1981, 261:1, eff. June 16, 1981.
I wonder why the ACLU lawyer never mentions a court case or statute in her pro-illegal voting article?
Let’s move on.
The ACLU lawyer says students can keep an out-of-state license and still vote in NH because they “reside” here. That is patently false, manifestly unlawful, and unconstitutional. Holding an out-of-state driver’s license means that state recognizes you as a citizen just like NH does when you are a legal resident here.
NH Motor Vehicle Law
259:23 Domicile. – “Domicile” shall mean a natural person taking up residence in a town or city within the state and includes but is not limited to occupying a primary place of habitation, placing children in a public school within the state, accepting gainful employment, or being a registered voter liable for a resident tax, provided, however, that no person shall be considered to be domiciled in this state who simultaneously claims residence in any other state for any of the purposes indicated above. In the case of other than a natural person, domicile shall also apply in the case of vehicles principally garaged or kept on the premises of a firm or corporation with a place of business within the state.
RSA 259:1, XXXVII. 1979, 135:4. 1981, 146:1, eff. Jan. 1, 1982.
263:4 Driver Limited to One License. – No person shall receive a driver’s license unless and until he surrenders to the division all valid driver’s licenses in his possession issued to him by any other jurisdiction. All surrendered licenses shall be returned by the division to the issuing department together with information that the licensee is now licensed in a new jurisdiction.
Source. 1905, 86:4. 1911, 133:8. 1921, 119:7. PL 101:1. 1927, 11:2. RL 117:1. 1945, 44:3. RSA 261:1. 1965, 207:1. 1981, 146:1, eff. Jan. 1, 1982.
In essence, the ACLU lawyer is telling students they can vote in New Hampshire – like a qualified legal domiciled inhabitant – but stay a resident of another state for driving privileges. That is a lie. The other States the students are coming from have laws as well.
Think about this.
This ACLU lawyer is encouraging students to vote in NH because they are going to school here. How can she do that without taking into consideration the election and residency laws of the other 49 states?
In Pa. Chapter 21 of their election statutes say if you are a resident of the Commonwealth and vote in another state you lose residency in Pa. I know this because I turn out-of-state voters into their home state.
Another problem for out-of-state college voters in NH is your Residency Form for out-of-state students. Every state college has students who pay out-of-state tuition fill out a form where they swear their lawful domicile is NOT New Hampshire.
And I would love the ACLU lawyer to explain how a voter from another state serves on an NH jury like a real citizen is required to by law. That is a 14th Amendment violation. You cannot have, without some extraordinary public purpose, two classes of voters.
By the way. How is a student voter remotely disenfranchised from voting if all they have to do is vote absentee? They did manage to get here to go to college. Is it too hard to vote at home?
The NH-ACLU lawyer is a joke – at best. One has to wonder what her “law school” taught her.
Voter fraud is not funny.