Student voter registration

[Richard Paschal]

With all due respect, Professor Maltz, to suggest that there is systematic
voter fraud as to student voting demonstrates a lack of knowledge on the
subject.  The key point here is that state laws vary widely on this topic.
Some states make it exceptionally easy for students to vote.  Some states
require domicile but, as we all know, all that is required to change
domicile is some affirmative action--and that simply means an intent to
remain in a given place indefinitely.  Students often have drivers licenses
and car registrations in the state where they attend school (indeed, some
states require that residents in the state for more than 30 days obtain
local drivers licenses).  Many students have jobs where they go to school
and many students remain in Madison or Austin or fill-in-the-blank over the
summers.  I can't speak to the Ohio laws, but the blanket condemnation here
is unjustified.

A good source of information on the requirements for student voting in
different states can be found on the Brennan Center's website:
http://www.brennancenter.org/studentvoting

Richard Paschal

     

-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Earl Maltz
Sent: Friday, October 31, 2008 9:13 AM
To: conlawprof at lists.ucla.edu
Subject: Student voter registration


Many thanks to those who pointed me to the summary affirmance in the 
Symms case, which is apparently the decision on which the mainstream 
media is relying in asserting that students have a constitutional 
right to vote wherever they attend college.  Even to the extent that 
one can draw any inferences from a summary affirmance, it is clear 
that the decision does not establish any such rule.

Here's the larger point.  While the students themselves don't know 
any better, it seems to me that those who are encouraging students at 
private colleges like Kenyon (the subject of the Time magazine piece) 
to register and vote in Ohio (a battleground state) rather than their 
home states are chargeable with knowledge of the law, and thus are 
engaged in systematic voting fraud (most Kenyon students are from out 
of state, and many return home each summer, so cannot possibly be 
domiciliaries of Ohio).  Where's the outrage?

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