Fwd: Re: Student voter registration

[Earl Maltz]

I would not say that the individual students are engaged in voting 
fraud; they simply do not know better.  But when systematic efforts 
are made to register students as a group by people who know or should 
know that many of those students do not have the most basic 
qualification (domicile), that is voter fraud.

At 03:36 PM 10/31/2008, masinter at nova.edu wrote:
>Even assuming residence equals domicile, the after the fact
>determination that someone who registered was a nondomiciliary should not,
>in and of itself, suffice to show the commission of the crime of
>knowingly unlawfully registering.  Perhaps a state registrar lawfully
>could deny an application to register on the basis that the would be
>voter is not a domiciliary, but that hardly means that the applicant,
>or those who encouraged him to register, have committed a crime, and
>it was the suggestion of widespread criminal misconduct (by individuals
>like Jerry Falwell, Jr.) to which I was responding.
>
>Michael R. Masinter
>Professor of Law
>Nova Southeastern University
>Shepard Broad Law Center (on leave 2008-2009)
>masinter at nova.edu
>Visiting Profesor of Law
>University of Miami Law School (2008-2009)
>
>
>Quoting earl maltz <emaltz at camden.rutgers.edu>:
>
>>In every state of which I am aware, "residence" in this context is
>>construed as domicile.
>>
>>At 12:58 PM 10/31/2008 -0400, masinter at nova.edu wrote:
>>>ORC 3503.01(A) defines voter qualification on the basis of residence
>>>and registration, not domicile.  Perhaps the Ohio legislature should
>>>have conditioned registration on domicile, but at least as a matter of
>>>statutory text, it has not.  Here's the complete text of the voter
>>>qualification statute:
>>>
>>>(A) Every citizen of the United States who is of the age of eighteen
>>>years or over and who has been a resident of the state thirty days
>>>immediately preceding the election at which the citizen offers to
>>>vote, is a resident of the county and precinct in which the citizen
>>>offers to vote, and has been registered to vote for thirty days, has
>>>the qualifications of an elector and may vote at all elections in the
>>>precinct in which the citizen resides.
>>>
>>>ORC 3593.07 provides for registration in these terms:
>>>
>>>Each person who will be of the age of eighteen years or more at the
>>>next ensuing November election, who is a citizen of the United States,
>>>and who, if he continues to reside in the precinct until the next
>>>election, will at that time have fulfilled all the requirements as to
>>>length of residence to qualify him as an elector shall, unless
>>>otherwise disqualified, be entitled to be registered as an elector in
>>>such precinct. When once registered, an elector shall not be required
>>>to register again unless his registration is canceled.
>>>
>>>Neither statute speaks the language of domicile.
>>>
>>>ORC 3503.02 empowers registrars to determine residence using language
>>>that suggests an understanding of residence that approaches domicile,
>>>but for whatever reason, the statutes that govern individuals who
>>>vote, ORC 3503.01, and individuals who register, ORC 3503.07, simply
>>>refer to residence.
>>>
>>>Were I a legislator interested in writing a statute under which
>>>nondomiciliaries who registered to vote or voted committed the crime
>>>of "knowingly register[ing] or make[ing] application or attempt[ing]
>>>to register in a precinct in which the person is not a qualified
>>>voter", ORC 3599.11(A), I would think it prudent to write into the
>>>voter qualification statute, ORC 3503.01, and its counterpart
>>>registration statute, 3503.07, language more precise than either
>>>currently contains.
>>>
>>>As an aside, Liberty University officials aggressively encouraged its
>>>very conservative and republican student body to register to vote in
>>>Virginia.
>>>http://www.liberty.edu/libertyjournal/index.cfm?PID=15758&ArtID=431
>>>and
>>>http://www.cnn.com/2008/POLITICS/09/30/conservative.liberty.university/
>>>
>>>I don't think Liberty University officials committed a crime either,
>>>and I see no reason for outrage. We should be pleased to see students
>>>of all political persuasions engaged in the process of self government.
>>>
>>>Michael R. Masinter
>>>Professor of Law
>>>Nova Southeastern University
>>>Shepard Broad Law Center (on leave 2008-2009)
>>>masinter at nova.edu
>>>Visiting Profesor of Law
>>>University of Miami Law School (2008-2009)
>>>
>>>Quoting earl maltz <emaltz at camden.rutgers.edu>:
>>>
>>>>Upon rereading Richard Paschal's post, I believe that I have misstated the
>>>>position of the Brennan Center.  I apologize.  However, the basic point
>>>>remains--driver's license does not necessarily equal domicile.
>>>
>>>
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>
>