Are You A Voter's Rights Champ Or A Chump?

Meet Maine Driver, Megan Arsenault, who spends so much time in NH she feels the need to vote here.

Megan is working with our friends at the League of Women Voters and the NHACLU to sue (Our very willing State Officials) into violating the wording of the NH Constitution that make a legal domicile necessary for NH voting.

From the suit:

“11. Petitioner Megan Arsenault lives at 2500 North River Road, Manchester, New Hampshire. She is 21 years of age and is a citizen of the United States. In September 2009, she came from 771 Hancock Street, Rumford, Maine, to New Hampshire, in order to attend school at Southern New Hampshire University. She expects to finish school in May of 2013 and currently intends to leave New Hampshire after graduation. She is licensed to drive in Maine. (See appendix A-2 for sworn affidavit). She intends to vote in New Hampshire in the upcoming general election.”

Megan has a Maine license to drive and it looks like Maine doesn’t have a “state of mind” requirement for residency/domicile – two terms Maine does not seem to confuse, spindle, fold, or mutilate.

 

Title 29-A: MOTOR VEHICLES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

Chapter 11: DRIVER'S LICENSE HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

Subchapter 2: ISSUING LICENSES HEADING: PL 1993, C. 683, PT. A, §2 (NEW); PT. B, §5 (AFF)

§1301. Application

11. Residency requirement. A license may not be issued to a person unless the person presents acceptable documentary evidence of the person's residence or domicile in this State. The Secretary of State may exempt from the requirements of this subsection a person who has established to the satisfaction of the Secretary of State that the person is on active duty in the United States Armed Forces, the spouse or child of a person on active duty in the United States Armed Forces or a student enrolled in a university, college or school within the State.

A. Acceptable documentary evidence of a person's residence or domicile in this State must include the applicant's name and the address of the person's residence or domicile in this State. A post office box or other mail drop address is not sufficient. Acceptable documentary evidence includes, but is not limited to:

(1) A tax return, W-2 form or paycheck stub;

(2) A utility bill or a letter from a utility company showing application for service;

(3) A contract to which the applicant is a party; or

(4) A document issued by a governmental entity. [2007, c. 659, §1 (NEW).]

B. A person who is unable to provide acceptable documentary evidence pursuant to paragraph A may meet the requirements of this subsection by:

(1) Submitting the affidavits of 2 individuals who have a personal or professional relationship with the person and knowledge of the person and the person's residence or domicile, which may include a shelter, in this State. A single affidavit signed by a parent or guardian of a minor making an application is sufficient for the purposes of this paragraph. The Secretary of State may reject any affidavit the Secretary of State determines to be insufficient to meet the requirements of this subsection. The affidavit is a sworn statement and a false statement by the affiant constitutes false swearing, which is a violation of Title 17-A, section 452. The Secretary of State shall provide forms for the completion of affidavits. These forms must state: "By signing this statement I verify that the representations herein are true. By making false statements on this document, I realize I am committing a Class D crime punishable under Maine law."; or

(2) By taking an oath or affirmation before the Secretary of State swearing to the person's residence or domicile, which may include a shelter. [2007, c. 659, §1 (NEW).]

An applicant who supplies false information pursuant to this subsection makes a material misstatement of fact described in section 2103 and is subject to the penalties under that section.

And to be a registered voter in Maine Megan has only to:

Title 21-A: ELECTIONS

Chapter 3: VOTER REGISTRATION

Subchapter 2: VOTER ELIGIBILITY

§112. Residence for voting purposes

Voting residence is governed by the following provisions. [1985, c. 161, §6 (NEW).]

1. Residence. The residence of a person is that place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return.

A. The following factors may be offered by an applicant and considered by a registrar in determining a person's residence under this section. The registrar need not find all of these factors to be present in order to conclude that an applicant qualifies to register to vote in the municipality:

(1) A direct statement of intention by the person pursuant to section 121, subsection 1;

(2) The location of any dwelling currently occupied by the person;

(6) The place where any motor vehicle owned by the person is registered;

(8) The residence address, not a post office box, shown on a current income tax return;

(9) The residence address, not a post office box, at which the person's mail is received;

(10) The residence address, not a post office box, shown on any current resident hunting or fishing licenses held by the person;

(12) The residence address, not a post office box, shown on any motor vehicle operator's license held by the person;

(14) The receipt of any public benefit conditioned upon residency, defined substantially as provided in this subsection; or

(16) Any other objective facts tending to indicate a person's place of residence. [2009, c. 253, §10(AMD).]

B. [1993, c. 695, §2(RP).]

[ 2009, c. 253, §10(AMD) .]

2. Change. A change of residence is made only by the act of removal, joined with the intent to remain in another place. A person can have only one residence at any given time.

[ 1985, c. 161, §6 (NEW) .]

3. Residence retained. A person does not lose the person's residence if the person temporarily leaves home and goes to another country, state or place in this State with the intent of returning.

[ 1993, c. 695, §3(AMD) .]

4. Separate residence. The place where a person's family resides is presumed to be the person's place of residence, but a person may acquire a separate residence if the person takes another abode with the intention of remaining there. This subsection does not apply to uniformed service voters, students and others covered by subsection 7.

[ 2003, c. 407, §5(AMD) .]

5. Spouse may have separate residence. A married person may be considered to have a residence separate from that of the person's spouse for the purposes of voting or holding office. For those purposes, residence is determined as if the person were single.

[ 1993, c. 695, §3(AMD) .]

6. Voting in another state. A person loses the person's voting residence in this State if the person registers to vote in another state or votes in another state's election, either in person or by absentee ballot. That person is not eligible to register or vote in this State until the person again qualifies under section 111.

[ 2007, c. 455, §5(AMD) .]

7. Uniformed service voters, students, institutional patients, Indians. A person does not gain or lose a residence solely because of the person's presence or absence while employed in the uniformed service or the merchant marine of the United States, while a student in any institution of learning, while kept in any institution at public expense or while residing upon any Indian or military reservations. This subsection may not be construed to prevent a student at any institution of learning from qualifying as a voter in the municipality where the student resides while attending that institution.

[ 2003, c. 407, §5(AMD) .]

So how is Megan harmed, harm is required to ORDER an injunction, by not being allowed to vote in NH when she could easily register here and become domiciled as the Constitution requires, or vote absentee?

One again, Judge Lewis has allowed two very different subject classes of voters, a constitutional no, no.

Are these people helping Megan's potential career after college so they can game the election laws?

I would be absolutly estatic to help pass a bill in NH that would mandate NH voters are domiciled residents from the moment they register properly and cast a ballot. (Actually have.)