Fwd: Re: Student voter registration
emaltz at camden.rutgers.edu
Sun Nov 2 03:00:52 PST 2008
Interestingly enough, it appears that Wisconsin (but not Ohio)
appears to make a specific exception for students.
At 05:32 AM 11/2/2008, Earl Maltz wrote:
>Of course, states can change their registration requirements in any
>way that they see fit. But it is my understanding that no state has
>changed either a) the requirement that persons be domiciled in order
>to vote or b) the definition of domicile in this context (as opposed
>to the mode of proof). If I am mistaken, I invite Howard (or anyone
>else) to provide a counterexample.
>At 07:20 AM 11/1/2008, Howard Schweber wrote:
> >Earl Maltz wrote:
> >>They keep their parents domicile until they form a new intent to
> >>reside indefinitely in another place. As Edward Harnett has
> >>pointed out, that has been the law seen the memory of man noeth not.
> >1) Earl also objects to my suggestion of a political motive. My
> >apologies on the political score. The focus on "elite colleges" and
> >Kenyon College specifically suggested a political bias, given what
> >the polling data show about that particular demographic. I will now
> >assume that Earl finds attempts to register soldiers at Ft. Dix to
> >vote in New Jersey elections an equal act of election fraud.
> >2) The phrase from Blackstone is "the memory of man runneth not to
> >the contrary." But of course, in the voting context that is simply
> >not true. We have seen several examples of states using different
> >rules, and interpreting "domicile" in the voting context in ways
> >that differ from the interpretation of the same term for, say,
> >federal diversity jurisdiction. States simply do not employ
> >Blackstone's definition of domicile in this context, and that fact
> >cannot be changed by pretending it never happened; for starters,
> >Ohio *does* allow college students to vote, as do many (most? all?)
> >other states. States *do* allow voters to choose among more than
> >one domicile. States do *not* require adults to maintain the
> >domicile of their parents until they form a subjective intent to
> >remain in one place indefinitely. And so on. So. . . how can it be
> >the case that the memory of man runneth not to the contrary if we
> >have contrary rules in force right now?
> >3) Which bring us to the claim of fraud. It's probably a good
> >thing that Earl did not name anyone in particular, as the accusation
> >would likely constitute libel. I am finding the argument harder and
> >harder to pin down. The argument is that organizers who register
> >college students, in accordance with Ohio law, are nonetheless
> >committing fraud because the way Ohio applies the definition of
> >"domicile" in the voting context is "wrong."
> >At this point, in other words, Earl's position seems to be that the
> >state legislatures and judges are committing "fraud" by passing laws
> >or interpreting them in ways that do not comport with English common law.
> >Except that it isn't even English common law, it's just Blackstone.
> >Blackstone was notorious for misrepresenting English common law by
> >declaring his favored rule to be universal when in fact it was
> >nothing of the kind; that's one of the reasons why the Commentaries
> >were so much more popular in the American colonies than in
> >England. (As late as the 1920s, for example, the rules of intestate
> >inheritance in England varied by county.) So the claim of massive
> >fraud boils down to the claim that organizers are acting in
> >accordance with state laws that define "domicile" for voting
> >purposes in ways that contradict Blackstone's version of the English
> >common law definition of that term for other purposes. Dizzying.
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