Election boards illegally denying college students the right to vote

[Cannikin]

\
Like any good American citizen, young Han wanted to cast his ballot in the presidential primaries. So in October, the sophomore at Hamilton College walked into the office of the county election board in Utica, New York, to register to vote. Han couldn't make it back to his home state of Washington to participate in its caucuses -- they were being held in February, the same week Hamilton requires sophomores to declare a major -- so he decided to vote in the state where he actually lives.

But at the election office, a county official told Han that only "permanent residents" may register to vote. College students, she informed the clean-cut twenty-year-old, must vote where their parents live. "This is just how we've always done it," county election commissioner Patricia DiSpirito told Rolling Stone. "A dorm is not a permanent residence -- it just isn't."

In fact, DiSpirito is flat-out wrong. Federal and state courts have clearly established that students have the right to vote where they go to school, even if they live in a dorm. But interviews with college students, civil-rights attorneys, political strategists and legal experts reveal that election officials all over the country are erecting illegal barriers to keep young voters from casting ballots. From New Hampshire to California, officials have designed complex questionnaires that prevent college students from registering, hired high-powered attorneys to keep them off the rolls, shut down polling places on campuses and even threatened to arrest and imprison young voters. Much as local registrars in the South once used poll taxes and literacy tests to deny the vote to black citizens, some county election officials now employ an intimidating mix of legal bullying and added paperwork to prevent civic-minded young people from casting ballots.

"Students have been singled out for outright discrimination," says Neal Rosenstein, government-reform coordinator for the New York Public Interest Research Group. "If someone was challenging the voting rights of a military person who is stationed somewhere temporarily, we'd be screaming that it's not patriotic. There shouldn't be any less of a standard for students, who work and pay sales taxes in those communities."

<snip>

Read the full story:
http://www.rollingstone.com/politics/

[Vladimir]

1. Kickety Kick Kick

Not surprising, but its only the beginning.

:kick:

[dumpster_baby]

2. it's not enough to just sstop this kind of nonsense

we need to severely punish public officials who do this. It is time we stop acting like chattel and stop letting our govt walk all over us. The people who are doing this should be going to jail for a LONG TIME.

[absolutezero]

10. totally agree

they deserve a big fine or jail time

[Killarney]

3. kick

[Cannikin]

4. kick

[Scooter24]

5. Our School...

is already taking steps by sending out emails and letters, and posting various material throughout the campus about our rights to vote.

I have also proposed that our student government vote to draft a letter to be sent out to every college urging the school to make their students aware of their voting rights and what action to take if denied. I hope our efforts will help somewhat.

[JetJaguar]

6. This is wonderful!

The best way to get kids to do something.

Is to tell them they can't or are not allowed to do it.


Years ago this same issue I believe came up in my area located next
to a large University. The students won the issue and were allowed
to vote in the local polling place. They came in droves. The line
went out the door and then some. My first reaction was aw @#$%
there goes my afternoon, that was not to be the case. All the
students had to vote at a specific booth lucky for me and my
afternoon not mine.

In subsequent years after the controversy waned the lines reverted
back to their normal lengths. I'll have to look into whether this
is because of apathy or that the polling places were allowed on campus.

If they had let Han register and vote maybe they would see Han
and Ten to Twenty of his friends. Now that they told him no
it is my guess there will be some busy days ahead for the registrar.

[cally]

22. You make a good point

I hope this gets out to all college students. Just tell them they can't vote and watch them turnout in record numbers. I sure hope so.

[outinforce]

7. This Is NOT a New Issue

"so he decided to vote in the state where he actually lives."

Therein lies the rub.

Which is the state where young Han "actually lives"??

Most states have pretty clear laws that tell people whether or not they "actually live" in their states or not.

For instance, some states have a requirement that if you are a permanent resident of that state, you must pay state income taxes to that state.

It's unclear from the article whether young Han considered New York or Washington to be his "home". It appears to be the case that he thought of Washington as his "home state" and wanted to go there to participate in the process that Washingtoninans -- people who reside there -- have established for selecting a nominee.

On the other hand, since he was unable to participate in the process of his "home" state -- Washington, he wanted to participate in the process of his -- what shall we call it? -- his "home away from home" state? -- his "second home" state? - New York.

When I was in college, my "home state" was Nebraska. Whenever I was asked to give a "permanent address", I used my parents' address in Omaha. But I was in college in New Hampshire. My driver's l license was from Nebraska. New Hampshire had no state income tax, but I paid income tax on the student jobs I had in college to Nebraska -- because that was my "permanent residence".

I wanted to vote in the 1972 New Hampshire primary (George McGovern), but found out that I could not.

I did vote -- by absentee -- in Nebraska's Democratic primary.

By the fall of 1972, I had graduated from college and was in graduate school in Boston.

Since I was not a "permanent resident" of Massachusetts, I could not register to vote there. Instead, I cast, again by absentee vote, my ballot for George McGovern, in Nerbaska's election.

[Scooter24]

8. Students..

are considered residents of their college towns. Today, the US Census Bureau considers students to be residents of their college community. The courts have held that students do have a vested interest in their communities at their respective schools and shall be allowed to vote in that state.

[outinforce]

9. They Are?

"Students are considered residents of their college towns"

They are?

The fact that the US Census counts students as residing, for purposes of ensuring that everyone in the USA gets counted, in the towns and cities where they attend school, matters ony for purposes of counting.

The US Census Bureau cannot, for instance, make a determination as to where a college student ought to pay her/his income taxes. If a student who attends school in Maryland but who is from Florida earns some money, does that student have to pay income taxes to Maryland? Or does the fact that the student holds a Florida drivers license mean that she is exempt from state income taxes, since Florida has no state income tax? How does the fact that the US Censue Bureau counts this student as residing in Maryland figure into this student's tax liability? Answer: It Doesn't.

Same with voting.

I live in Arlington, Virgina. I could enroll in a course or two at the University of the District of Columbia. Would that permit me to vote in DC's elections, if I rented a room for one day in DC, and became a "DC Resident" for one day?

[HFishbine]

11. For the purposes of voting

Courts have ruled that students may vote where their parents live or where they go to school (if they have a residence, even a dorm room, there). It's not that complicated.

[gulfcoastliberal]

14. This Link should Help you Determine that

Here are the links for qualifying to register to vote in DC and Virginia. Hopefully this helps you make your decision. You should contact the DC BOEE office with your question if their website isn't informative enough. Good luck with that.

http://www.dcboee.org/serv/voter_registration.shtm#Qualifications

http://www.sbe.state.va.us/VotRegServ/Registration/voterinfocollege.htm

[kiahzero]

17. Depends

I can't find the DC qualifications like I could with the New York ones, but if living in DC for one day meets their qualifications (unlikely) then yes, you could.

[Bill McBlueState]

12. I am a graduate student in Massachusetts

I pay sales and income tax in Massachusetts.
My vehicle is registered in Massachusetts.
I take an active role in Massachusetts politics.

I grew up in Ohio and went to college there. My parents still live there, and I go visit them a couple times a year.

But that's really my only connection to any state other than Massachusetts. I don't know where else I would vote besides Massachusetts.

This reminds me, Massachusetts law does not require out-of state undergraduates to register their vehicles in MA, but graduate students who live here for any length of time must register. They want my money, so I vote here.

[outinforce]

13. Clearly, You Are a Resident of Massachusetts

If I were an election official, and you presented me with the facts you have posted, I would have no difficulty saying that you were a Massachusetts permanent resident.

Other things that might enter into a determination would be things like:

1. Which state issued youtr drivers license?
2. Where do you have your checkig or savings account?


Looking at the totality of the facts (and not just at the fact that you are a graduate student at a univeristy or college in Massachusettes) is what I think most election officials are required to look at.

The problem I had with the original post in this thread is that the facts, as presented, concerning young Han made it appear (to my anyway) as though the only thing he was claiming was that since we went to school in New York, he should be considered eleigible to vote in New York.

[kiahzero]

16. You are factually wrong

According to the Supreme Court in Symm v. United States, students cannot be discriminated against simply by virtue of their domicile.

So let's look at the stated requirements for voting in New York:

http://www.elections.state.ny.us/voting/votequal.htm
* be a U.S. citizen;
* be 18 years old by December 31 of the year in which you file this form (note: you must be 18 years old by the date of the general, primary or other election in which you want to vote);
* live at your present address at least 30 days before an election;
* not be in jail or on parole for a felony conviction and;
* not claim the right to vote elsewhere.

Since Mr. Han had most likely been residing in his dorm for more than 30 days before the election, and was not claiming the right to vote in Washington, he is eligible to vote in New York. It really is just that simple.

[truthspeaker]

28. when I held a New York driver's license I voted in NY; when I switched it

to Minnesota I voted in MN, even though I still lived in a dorm. I also paid taxes in MN instead of NY that year.

[BurtWorm]

15. Air America should do something with this.

Bill Moyers' NOW should do something with this. Every college newspaper and radio statio in the US should broadcast that you have a right to vote where your address is, regardless of where your parents' address is.

[IronLionZion]

18. Are you sure this is illegal?

I vote in PA because by absentee ballot because that is where my parents live and where I pay income taxes and such. I did it for convenience because I was already registered there and my NY college address changes from year to year.

It makes sense to allow people to vote in a state only if they pay taxes and such there. And it's not hard to register online or through the mail and just get an absentee ballot.

[yellowcanine]

20. Yes, it is illegal. This is settled law. Residency for voting is not the

same as residency for other purposes, such as in-state tuition, etc. Paying taxes has nothing to do with the right to vote. There is a Supreme Court ruling on that also. All of this stuff was settled in the civil rights battles of the 60's and the Voting Rights Act of 1965.

[cally]

21. You can still vote in PA, though

Since it's a swing state, you should not change your registration this time. ;-)

[IronLionZion]

31. Oh definitely!

Kerry needs all the help he can get in the swing states.

[ParanoidPat]

23. You can access your states Election Code.....

.....at this link! :evilgrin: http://www.law.cornell.edu/topics/state_statutes2.html

Just scroll down the page to the 'Elections' section. :)

[proud patriot]

19. A caller to Al Frankin brought this up

I hope we can bring the light of Freedom to
this Crime to Democracy .

[cmf]

24. Yet another way to disenfranchise Democratic voters

It was incredibly blatant at Prairie View A&M down in Texas.

[Cannikin]

25. kick

[hughee99]

26. When I was in school

I just had to request and fill out an absentee ballot. Then, when it got back to Massachusetts, they threw it in the trash unopened, since none of the races were close enought for absentee votes to make the difference. I guess I was still technically disenfranchised, but I did get to vote. It only takes 2 seconds to do and no deadlines have passed, so if college students really want to vote, and don't want to deal with the hassle, they can do this. If they'd rather complain about disenfranchisement then actually get to vote, I guess that's their right too.

[ParanoidPat]

27. Wrong! Absolutely NOT true under Massachusetts law......

.....Please read this! :evilgrin:

GENERAL LAWS OF MASSACHUSETTS

PART PARTIzMV-RP.
ADMINISTRATION OF THE GOVERNMENT
TITLE VIII.
ELECTIONS

CHAPTER 54. ELECTIONS
COUNTING OF VOTES

Chapter 54: Section 105 Proceedings at close of polls; counting votes; announcing and recording results

Section 105. Procedures at any precinct where an electronic voting system is in use shall be in accordance with the provisions of section one hundred and five A. In any other precinct, if the state ballot box is used, the clerk shall, as soon as the polls are closed, record the total number of ballots received at the polling place, the ballot box register, and the total number of spoiled ballots. The election officers shall then publicly and in the presence of the other election officers, audibly and distinctly count and announce the number of names checked on each voting list used at the election, shall publicly announce the number so counted and thereafter the clerk shall record the same. The ballot box shall be opened by the presiding officer and the ballots taken therefrom and audibly counted in public view, one by one, and the whole number of ballots cast shall be publicly announced by him. The ballots may be divided into convenient packages, and each block or package shall be canvassed and counted by two election officers representing the two leading political parties, detailed by the presiding officer. The result of the canvass and count shall be reported to the presiding officer, who shall cause it to be correctly recorded on the blank forms provided therefor. Immediately thereafter, the election officers shall proceed to count audibly all unused ballots, and the total number of unused ballots shall be publicly announced by the presiding officer who shall cause this information to be correctly recorded on blank forms provided therefor.

The clerk in open meeting shall publicly announce the result of the vote and enter on the total vote sheet, which shall be considered the precinct record, the total number of names checked on the voting list, the total number of ballots cast, the names of all persons voted for, the number of votes for each person and the title of the office for which he was a candidate, the number of blank ballots for each office, and the number of affirmative and negative votes in answer to any question submitted to the voters and shall forthwith certify such record, seal up the same, and deliver it, outside of the ballot container or envelope, but in a separate sealed envelope, to the city or town clerk, who shall forthwith enter it on his records; provided, that if voting machines are used, the general or precinct record sheet, as the case may be, shall be the record referred to in this paragraph.

At state elections, the city or town clerk, or such person as he shall designate in each precinct or polling place, shall immediately transmit to such central tabulation facilities as the state secretary shall designate, by telephone or telegraph, the vote cast for candidates for offices to be voted for by all the voters of the commonwealth and for congressman, by precincts or by polling places as the count for each such office is completed.

The voting lists and all ballots removed from the ballot box shall be kept in open view of the voters present until enclosed and sealed up, and all proceedings in the canvass and counting of votes shall be public and in open view of the voters, and there shall be no adjournment or postponement until the canvass and counting have been completed, and the voting lists and ballots have been enclosed and sealed up.

Upon the completion of the canvass and the counting, the warden shall place all ballots including absentee ballots, and all lists into a container and place a seal upon all such containers. The clerk shall receive from all the polling places such sealed containers and shall place all election material, so far as practical, in a locked facility.

Notwithstanding the foregoing provisions of this section, the clerks of precincts or the town clerk in a town not divided into precincts may, if authorized in writing by the election commissioners or election commission in a city having such a body, by the city clerk in any other city or by the town clerk in a town, publicly announce the number of votes cast for each candidate for each office as soon as the count of ballots for that office has been completed, and the number of affirmative or negative votes cast upon any question submitted to the voters, as soon as the count of ballots upon such question has been completed.

[hughee99]

29. Okay, perhaps

"in the trash" was an overstatement. My ballot is kept, but not necessarily counted if it will not affect the outcome of the race, and arrives in a technically legal but not necessarily timely manner. I think you missed the point, because it was not where my physical ballot ended up. It was that, if you want to be sure to vote, you can get an absentee ballot easily. Sure you can continue to complain that you can't vote locally, but don't scream disenfranchisement in November for this. It will take away from those who are truly not able to vote anywhere.

[KamaAina]

30. Note that Prairie View is a historically Black campus

Imagine. Discrimination against young, African American voters. In Texas, no less. Who would have thought? </sarcasm>