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September 21. 2012 12:46AM
Judge expects to rule today on voter residency law
Linked articles:
Gardner appears to back new voter registration regulations
Out-of-state students will probably be able to participate in presidential election
Gardner appears to back new voter registration regulations
Out-of-state students will probably be able to participate in presidential election
DOVER — While he was leaning toward siding with four college students, Superior Court Judge John Lewis won't decide until this afternoon whether out-of-state students need to establish residency to vote here.
Lewis heard arguments Wednesday about a new law — originally filed as Senate Bill 318 — which requires people to sign a form declaring New Hampshire as their domicile. As a result, voters would be subject to all state laws, including having to register their vehicle and obtain a New Hampshire driver's license within 60 days of coming to live in the state.
Between 1979 and 2007 students were allowed to vote in New Hampshire while maintaining residency in other states. The law was changed in June after the Legislature overrode Gov. John Lynch, who had vetoed the bill.
“This is a serious decision,” Lewis said, adding both sides have until this afternoon to file any additional arguments, evidence or information before he makes a ruling.
On Sept. 12, the New Hampshire chapters of the League of Women Voters and the American Civil Liberties Union filed a petition in Strafford County Superior Court on behalf of four students — Hannah Rivers of Durham who attends the University of New Hampshire, Megan Arsenault of Manchester, who attends Southern New Hampshire University, Ariel DeLaura of Keene, who attends Keene State College, and Taylor Pacheco of Dover, who also attends UNH.
All four students carry out-of-state driver's licenses and plan to leave New Hampshire after graduating from college, according to Joan Flood Ashwell, an election law specialist for the League of Women Voters of New Hampshire.
“It doesn't affect a lot of people,” Flood Ashwell said, adding nonetheless, they have the right to vote on issues affecting them while they are in the state.
On Wednesday, Lewis said he had drafted an order that would grant temporary relief from the law — thus allowing the non-residents to vote in the presidential election in November. He hoped the two sides would reach an agreement.
“Maybe there is some ambiguity and maybe you can clear it up,” Lewis said, adding that perhaps a disclaimer can be attached to the residency form advising nonresident voters they are not required to register a vehicle or get licensed in New Hampshire to participate in elections.
“I really want to know if there's any real dispute here,” Lewis said.
Alan Cronheim, who represents the plaintiffs, argued that the form was unlawful since it levied a tax burden — through vehicle registration — and imposed “class regulations.”
Cronheim said some voters were intimidated by the terms in the registration process, which prevented some from participating during the Sept. 11 primary.
Associate Attorney General Richard Head stressed that the state is not claiming there is “a widespread case of voter fraud” as the justification for this matter.
Head said the vast majority of people who will sign the form will be residents. As a result, he added, they will be reminded to register their vehicles and obtain licenses
Head argued that tourists are subject to all state laws while they are visiting New Hampshire, but they can't register their vehicles.
“A politically charged environment does not make the law unlawful,” Head argued, adding the state filed a motion to dismiss the matter, but the court would still have to provide a response for the request for relief.
Claire Ebel, executive director of the New Hampshire Civil Liberties Union, said the form limits the rights of college students, members of the military and any other voter — like a visiting professor or shipyard worker — who temporarily relocates to another state.
Flood Ashwell said it was interesting that Head specified there are different rules defining residency, which allows people to vote, versus registering your vehicle.
“It sounds like the state is saying a domicile is what it always is,” Flood Ashwell said, adding that officials from the state Department of Motor Vehicles expressed concerns about aspects of this case as they are concerned about out-of-state residents obtaining a New Hampshire license.
“States want to protect their sovereignty,” Flood Ashwell said.
For more information about voting and elections, visit the New Hampshire Secretary of State's website at http://sos.nh.gov/. For more information about the chapters of the League of Women Voters or the American Civil Liberties Union, visit lwvnh.org/ or nhclu.org/.
John Quinn may be reached at jquinn@newstote.com.
Lewis heard arguments Wednesday about a new law — originally filed as Senate Bill 318 — which requires people to sign a form declaring New Hampshire as their domicile. As a result, voters would be subject to all state laws, including having to register their vehicle and obtain a New Hampshire driver's license within 60 days of coming to live in the state.
Between 1979 and 2007 students were allowed to vote in New Hampshire while maintaining residency in other states. The law was changed in June after the Legislature overrode Gov. John Lynch, who had vetoed the bill.
“This is a serious decision,” Lewis said, adding both sides have until this afternoon to file any additional arguments, evidence or information before he makes a ruling.
On Sept. 12, the New Hampshire chapters of the League of Women Voters and the American Civil Liberties Union filed a petition in Strafford County Superior Court on behalf of four students — Hannah Rivers of Durham who attends the University of New Hampshire, Megan Arsenault of Manchester, who attends Southern New Hampshire University, Ariel DeLaura of Keene, who attends Keene State College, and Taylor Pacheco of Dover, who also attends UNH.
All four students carry out-of-state driver's licenses and plan to leave New Hampshire after graduating from college, according to Joan Flood Ashwell, an election law specialist for the League of Women Voters of New Hampshire.
“It doesn't affect a lot of people,” Flood Ashwell said, adding nonetheless, they have the right to vote on issues affecting them while they are in the state.
On Wednesday, Lewis said he had drafted an order that would grant temporary relief from the law — thus allowing the non-residents to vote in the presidential election in November. He hoped the two sides would reach an agreement.
“Maybe there is some ambiguity and maybe you can clear it up,” Lewis said, adding that perhaps a disclaimer can be attached to the residency form advising nonresident voters they are not required to register a vehicle or get licensed in New Hampshire to participate in elections.
“I really want to know if there's any real dispute here,” Lewis said.
Alan Cronheim, who represents the plaintiffs, argued that the form was unlawful since it levied a tax burden — through vehicle registration — and imposed “class regulations.”
Cronheim said some voters were intimidated by the terms in the registration process, which prevented some from participating during the Sept. 11 primary.
Associate Attorney General Richard Head stressed that the state is not claiming there is “a widespread case of voter fraud” as the justification for this matter.
Head said the vast majority of people who will sign the form will be residents. As a result, he added, they will be reminded to register their vehicles and obtain licenses
Head argued that tourists are subject to all state laws while they are visiting New Hampshire, but they can't register their vehicles.
“A politically charged environment does not make the law unlawful,” Head argued, adding the state filed a motion to dismiss the matter, but the court would still have to provide a response for the request for relief.
Claire Ebel, executive director of the New Hampshire Civil Liberties Union, said the form limits the rights of college students, members of the military and any other voter — like a visiting professor or shipyard worker — who temporarily relocates to another state.
Flood Ashwell said it was interesting that Head specified there are different rules defining residency, which allows people to vote, versus registering your vehicle.
“It sounds like the state is saying a domicile is what it always is,” Flood Ashwell said, adding that officials from the state Department of Motor Vehicles expressed concerns about aspects of this case as they are concerned about out-of-state residents obtaining a New Hampshire license.
“States want to protect their sovereignty,” Flood Ashwell said.
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For more information about voting and elections, visit the New Hampshire Secretary of State's website at http://sos.nh.gov/. For more information about the chapters of the League of Women Voters or the American Civil Liberties Union, visit lwvnh.org/ or nhclu.org/.
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John Quinn may be reached at jquinn@newstote.com.