Meet Hanna: Nebraska Driver, NH Voter

Meet Hanna Rivers, NH Voter - Kansas driver’s license holder.

Hanna wants to vote in New Hampshire because she is an out of state student at UNH. Here is the part in the NH League of Women Voters NHACLU suit where Hanna swears she is domiciled for voting purposes only:

“PARTIES

10. Petitioner Hannah Rivers lives at 83 Main Street, GSS Box 12764, Durham, New Hampshire. She is 19 years of age and is a citizen of the United States. In August 2011, she came from 585 West Waverly Road, Raymond, Nebraska, to New Hampshire, in order to attend school at the University of New Hampshire. She expects to finish school in May of 2015 and currently intends to leave New Hampshire after graduation. She is licensed to drive in Nebraska.”

So Hanna wants to maximize her vote and use a NH ballot in November.

Of course, she has sworn in the ACLU case that she has left Nebraska and that NH is her “DOMICILE” for voting. She has sworn to a NH court that she will be harmed if not allowed to do so.

Really?

Residency Laws of Nebraska

http://www.brennancenter.org/pages/student_voting_guide_nebraska

To establish voting residency in Nebraska, you must have a “settled connection” with your Nebraska residential address and consider it your permanent and principal home.[7]  Your place of residency is where you intend to return after being away.[8]  You do not need to intend to remain at this address indefinitely.[9]

At School. Students can establish voting residency in Nebraska if they have a present intention to remain at their Nebraska school address for the time being, and they intend to make it their principal home.[10] Any other interpretation of the residency laws is unconstitutional. Students who consider their school community their principal residence should not have a problem registering and voting.[11]

At Home. Students who lived in Nebraska prior to attending school and who wish to establish or keep their Nebraska voting residency (i.e., at their parents’ address), should have no problem doing so unless they have already registered to vote in another state.[12] Like most states, Nebraska allows students to keep their voting residency even if they move out of the county or state to attend school. You will lose this residency if you “abandon” it by asserting residency in a new state.[13] If you have established residency in another state and are moving back to Nebraska with the intent to reside here, you will need to follow the normal registration procedures to re-register at home. If you move to a different county within Nebraska, you must update your address or re-register in order to retain your eligibility to vote.[14]

 Voting in Nebraska may be considered a declaration of residency, potentially making you subject to other laws that govern state residents.

Challenges to Residency

You have the right to cast a ballot as a student in Nebraska regardless of whether you pay in-state or out-of-state tuition. Your eligibility to vote based on residency can be challenged at the polls by any poll worker or registered voter; no partisan watchers or challengers are permitted at the polls.[15]  If your eligibility is challenged, you will be asked to swear an oath to answer questions accurately and complete a form asking if you have a residence in the state, county, and precinct, and may be asked other questions to test your eligibility.[16] After you have answered those questions, if the poll worker determines that you are eligible to vote, you will be allowed to vote a regular ballot.[17] If the poll worker is unable to determine your eligibility, you will still be able to vote a provisional ballot,[18] which will be counted if the election commissioner later confirms your eligibility to vote.[19]

Any challenge made solely on the basis of your student or tuition status is invalid.

Identification

Only first-time Nebraska voters who register by mail and do not have their identity verified by the state must provide ID, either when voting in person or by submitting a copy of their ID with their absentee ballot. (Usually, your identity will be verified if you provide your driver’s license or last four digits of your social security number on your registration form.) Sufficient proof of identity includes any current and valid photo ID, or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.  If you do not have ID, you can vote by provisional ballot.[20] Your provisional vote will be counted if the state can verify your eligibility to vote.[21]

Absentee Voting

All registered voters are allowed to vote absentee in Nebraska, for any reason.[22] Nebraska also calls absentee voting “early voting.” You must apply for an absentee ballot, and can download and print the application here. In order to receive a mail-in ballot, the county must receive your application form no later than 4:00 p.m. on the Wednesday before Election Day.[23] You may deliver your application to the county elections office either in person, by fax, or by mail.[24]

Your absentee ballot must be received by your local election office by the close of polls on Election Day in order to be counted.[25]  You may deliver your ballot to the county elections office either in person or by mail. If you mail your ballot be sure to mail it early enough that it will be received by Election Day.

Hanna has, and intends to keep, a Nebraska drivers license.

Here are some Nebraska statutes regarding driver’s licenses:

Revised Statutes» Chapter 60» 60-475.01

 

60-475.01. Principal residence, defined.

Principal residence means the location in Nebraska where a person resides at the time of application even if such residence is temporary.

 

60-4,117. Operator's license or state identification card; form; county treasurer; duties.

(1) Upon presentation of an issuance certificate for an operator's license or state identification card issued by department personnel to the applicant, the county treasurer shall collect the applicable fee and surcharge as prescribed in section 60-4,115 and issue a receipt which is valid for up to thirty days. If there is cause for an operator's license to be issued, the receipt shall also authorize driving privileges for such thirty-day period. The license or card shall be delivered as provided in section 60-4,113.

(2) The operator's license and state identification card shall be in a form prescribed by the department. The license and card may include security features prescribed by the department. The license and card shall be conspicuously marked Nebraska Operator's License or Nebraska Identification Card, shall be, to the maximum extent practicable, tamper and forgery proof, and shall include the following information:

(a) The full legal name and principal residence address of the holder;

(b) The holder's full facial digital image;

(c) A physical description of the holder, including gender, height, weight, and eye and hair colors;

(d) The holder's date of birth;

(e) The holder's signature;

(f) The class of motor vehicle which the holder is authorized to operate and any applicable endorsements or restrictions;

(g) The issuance and expiration date of the license or card;

(h) The organ and tissue donation information specified in section 60-494; and

(i) Such other marks and information as the director may determine.

(3) Each operator's license and state identification card shall contain the following encoded, machine-readable information: The holder's full legal name; date of birth; gender; race or ethnicity; document issue date; document expiration date; principal residence address; unique identification number; revision date; inventory control number; and state of issuance.

And all this is Nebraska License Law is sworn under the penalty of perjury – just like filing an action against the State of New Hampshire.

I wonder if the NHACLU and NHLWV told Hanna that?