[gokenin]

.

I see no good reason for not letting them vote where they live. These reasons seem like excuses for making it harder. I am a very committed voter, and I have never used an absentee ballot. (I do vote early, though that is not much use to college stutents) It isn't just the cost of a stamp, Jim. You must apply in advance, and for every election in which you wish to vote absentee, rather than just registering the the place where you live, which continues untill you register elsewhere. I am also aware that absentee ballots get more scrutiny in many states as well.

Gene just as an FYI your own state doesn't extend these privileges to students

There are a few basic requirements you must meet in order to be eligible to vote in the United States and to register in New Mexico:

You must be 18 years old.
You must be a legal resident of the United States.
You must be a legal resident of New Mexico.
If you have been convicted of a felony, you must have had your civil rights restored.
You must not have been judged mentally unfit.

New Mexico Voter Registration Info, Forms, & Requirements - DMV Guide

7. How does a person establish New Mexico residency?

To become a legal resident of New Mexico for tuition purposes, four basic requirements must be completed. Each person must meet the requirements individually.
The Twelve Month Consecutive Presence Requirement. A person must physically reside in the state for twelve consecutive months immediately preceeding the term for which the resident classification is requested. NOTE: A student cannot begin to complete the twelve-month requirement until his/her eighteenth birthday.
The
Financial Independence Requirement. Only persons who are financially independent may establish residency apart from parents or guardians regardless of age. A student cannot be approved for residency who is financially dependent upon his/her parents or legal guardians who are nonresidents of New Mexico. Dependency will be determined according to the 1954 Internal Revenue Service Code, Section 152 and is always based on the previous tax year for residency purposes. If under the age of 23 at the time the student applies for residency, a copy of their parents' or guardian's 1040 or 1040A U.S. income tax form for the previous tax year is required. If the student is shown to be a dependent on this tax form, he/she will not be considered financially independent or eligible for residency during the current year.
The Written Declaration of "Intent" Requirement. The student must sign a written declaration of intent to relinquish residency in any other state and to establish it in New Mexico.
The Overt Acts Requirement. New Mexico requires the completion of several "overt" acts which support the student's written declaration of "intent" to become a permanent resident.
Examples of such acts are:

1. Securing a New Mexico driver's license
2. Securing a New Mexico automobile registration
3. Registering to vote in New Mexico
4. Filing a New Mexico state tax return for the previous year
5. Securing employment in the state
6. Purchasing residential or business property in the state
7. Having a long established bank account
Other relevant factors may be considered along with those itemized above.
NOTE: Any act considered inconsistent with being a New Mexico resident - such as voting, securing and/or maintaining a driver's license and automobile registration in another state, etc. - will cause the petition to be denied.
NMSU: Registrar - New Mexico Residency


1-1-7. Residence; rules for determining.
For the purpose of determining residence for voting, the place of residence is governed by the
following rules:
A. the residence of a person is that place in which his habitation is fixed, and to which,
whenever he is absent, he has the intention to return;
B. the place where a person’s family resides is presumed to be his place of residence, but a
person who takes up or continues his abode with the intention of remaining at a place other than
where his family resides is a resident where he abides;
C. a change of residence is made only by the act of removal joined with the intent to remain
in another place. There can be only one residence;
D. a person does not gain or lose residence solely by reason of his presence or absence while employed in the service of the United States or of this state, or while a student at an institution of learning, or while kept in an institution at public expense, or while confined in a public prison or while residing upon an Indian or military reservation;
http://www.sos.state.nm.us/pdf/ElectionLaws2009.pdf

I am sure if you look at every states individual requirements you will more than likely find similar regulations and requirements. I would also venture that is someone was a student in one city in New Mexico but were a resident in another city that they wouldn't be able to vote in the local elections on the city that they were attending college in but I didn't feel like researching that.

[GeneV]

Gene just as an FYI your own state doesn't extend these privileges to students

There are a few basic requirements you must meet in order to be eligible to vote in the United States and to register in New Mexico:

You must be 18 years old.
You must be a legal resident of the United States.
You must be a legal resident of New Mexico.
If you have been convicted of a felony, you must have had your civil rights restored.
You must not have been judged mentally unfit.

New Mexico Voter Registration Info, Forms, & Requirements - DMV Guide

7. How does a person establish New Mexico residency?

To become a legal resident of New Mexico for tuition purposes, four basic requirements must be completed. Each person must meet the requirements individually.
The Twelve Month Consecutive Presence Requirement. A person must physically reside in the state for twelve consecutive months immediately preceeding the term for which the resident classification is requested. NOTE: A student cannot begin to complete the twelve-month requirement until his/her eighteenth birthday.
The
Financial Independence Requirement. Only persons who are financially independent may establish residency apart from parents or guardians regardless of age. A student cannot be approved for residency who is financially dependent upon his/her parents or legal guardians who are nonresidents of New Mexico. Dependency will be determined according to the 1954 Internal Revenue Service Code, Section 152 and is always based on the previous tax year for residency purposes. If under the age of 23 at the time the student applies for residency, a copy of their parents' or guardian's 1040 or 1040A U.S. income tax form for the previous tax year is required. If the student is shown to be a dependent on this tax form, he/she will not be considered financially independent or eligible for residency during the current year.
The Written Declaration of "Intent" Requirement. The student must sign a written declaration of intent to relinquish residency in any other state and to establish it in New Mexico.
The Overt Acts Requirement. New Mexico requires the completion of several "overt" acts which support the student's written declaration of "intent" to become a permanent resident.
Examples of such acts are:

1. Securing a New Mexico driver's license
2. Securing a New Mexico automobile registration
3. Registering to vote in New Mexico
4. Filing a New Mexico state tax return for the previous year
5. Securing employment in the state
6. Purchasing residential or business property in the state
7. Having a long established bank account
Other relevant factors may be considered along with those itemized above.
NOTE: Any act considered inconsistent with being a New Mexico resident - such as voting, securing and/or maintaining a driver's license and automobile registration in another state, etc. - will cause the petition to be denied.
NMSU: Registrar - New Mexico Residency


1-1-7. Residence; rules for determining.
For the purpose of determining residence for voting, the place of residence is governed by the
following rules:
A. the residence of a person is that place in which his habitation is fixed, and to which,
whenever he is absent, he has the intention to return;
B. the place where a person’s family resides is presumed to be his place of residence, but a
person who takes up or continues his abode with the intention of remaining at a place other than
where his family resides is a resident where he abides;
C. a change of residence is made only by the act of removal joined with the intent to remain
in another place. There can be only one residence;
D. a person does not gain or lose residence solely by reason of his presence or absence while employed in the service of the United States or of this state, or while a student at an institution of learning, or while kept in an institution at public expense, or while confined in a public prison or while residing upon an Indian or military reservation;
http://www.sos.state.nm.us/pdf/ElectionLaws2009.pdf

I am sure if you look at every states individual requirements you will more than likely find similar regulations and requirements. I would also venture that is someone was a student in one city in New Mexico but were a resident in another city that they wouldn't be able to vote in the local elections on the city that they were attending college in but I didn't feel like researching that.

Jon, I am filing a bar complaint on you in NM for misrepresenting to the court.

You are intentionally mixing two standards of residency. Residency has a different meaning depending upon the statute. Residency to get a driver's license is different from voting, and the two statutes you are quoting plainly have different standards that have nothing to do with one another. "Resident" has many different statutory definitions. I'm sure you would find a different definition for getting in-state tuition as well.

Students can qualify to vote in NM per the NM attorney general. Student Voting Guide | New Mexico | Brennan Center for Justice There was a push by Republicans to restrict NM student voting in 2008, which drew national fire. To my knowledge they did not succeed.

[WJW]

I am sure if you look at every states individual requirements you will more than likely find similar regulations and requirements. I would also venture that is someone was a student in one city in New Mexico but were a resident in another city that they wouldn't be able to vote in the local elections on the city that they were attending college in but I didn't feel like researching that.

Interesting side not. In the early '80's Vermont changed from a NM-like requirement to a very open interpretation of who was a resident and allowing students to vote. The results were immediate. At the time 15% of the population of the Burlington area was out-of-state students so this quickly shifted everything political to the left and caused major changes in elections. Bernie Sanders was able to get elected as mayor of Burlington because of this change. I was living in Middlebury, which had an even higher oos student population, but the local students tended to be even more absorbed in the partying than most students. I was not planning on staying in Vermont so I continued to vote in Texas via absentee ballot.

My only problem with the college students voting locally, rather than at home, is that they tend to focus on short-term results rather than long-term consequences of votes. This is not so much about who gets elected as things like bond issues, ordinance changes, and similar items that tend to be on the ballat along with the politicians. The second problem is one of verification. I had several students tell me they voted both locally and at home (via absentee ballot).

[gokenin]

Jon, I am filing a bar complaint on you in NM for misrepresenting to the court.

You are intentionally mixing two standards of residency. Residency has a different meaning depending upon the statute. Residency to get a driver's license is different from voting, and the two statutes you are quoting plainly have different standards that have nothing to do with one another. "Resident" has many different statutory definitions.

Students can qualify to vote in NM per the NM attorney general. Student Voting Guide | New Mexico | Brennan Center for Justice There was a push by Republicans to restrict NM student voting in 2008, which drew national fire. To my knowledge they did not succeed.

Your registration form must be postmarked or received by 28 days before the election.[1] You can register to vote if you will be 18 by the next election.[2]

Residency

New Mexico law defines a voter’s residence as “that place in which his habitation is fixed, and to which, whenever he is absent, he has the intention to return.”[3] New Mexico law recognizes that you might have more than one residence, but says you can only have one residence for purposes of voting.[4] When determining residency for voting purposes, New Mexico courts require “significant physical presence,” but the courts have also looked at a person’s intent to make a place their voting residence and their interaction with and commitment to their communities.[5] The intent to return to your New Mexico voting residence must be a definite one,[6] but the courts have said that you do not have to have a permanent intention to make a place your home.[7]

At School. If you spend most of your time at school in New Mexico, are involved in your school community, and intend to make it your primary residence, then you should be able to establish voting residency under New Mexico law.

The Attorney General has specifically recognized that students “have the right to register and vote in the community where they attend school,” even if you leave the state for the summer.[8] New Mexico’s definition of residence prohibits someone who is in the state for “temporary purposes only” from voting;[9] but the AG has said that this cannot be used to bar students from voting at their colleges. The AG also stated that students who do not have a definite plan after graduation should be allowed to register to vote in the state.[10] The AG provides a list of factors that registrars could use to determine students’ voting residency, which include: where your car is registered; where you filed your taxes; the address on your driver’s license; where you keep your belongings; and your willingness to take an oath that you are a resident.[11]

Again the bill in New Hampshire is attempting to stop election day voter registration your own state doesn't even allow that. Also nothing I see here would allow a resident of New Hampshire that is attending classes in New Mexico to walk in and register to vote there, which they can currently do in New Hampshire if the situation were reversed maybe its there and I can decode it but I don't see it.

[GeneV]

Your registration form must be postmarked or received by 28 days before the election.[1] You can register to vote if you will be 18 by the next election.[2]

Residency

New Mexico law defines a voter’s residence as “that place in which his habitation is fixed, and to which, whenever he is absent, he has the intention to return.”[3] New Mexico law recognizes that you might have more than one residence, but says you can only have one residence for purposes of voting.[4] When determining residency for voting purposes, New Mexico courts require “significant physical presence,” but the courts have also looked at a person’s intent to make a place their voting residence and their interaction with and commitment to their communities.[5] The intent to return to your New Mexico voting residence must be a definite one,[6] but the courts have said that you do not have to have a permanent intention to make a place your home.[7]

At School. If you spend most of your time at school in New Mexico, are involved in your school community, and intend to make it your primary residence, then you should be able to establish voting residency under New Mexico law.

The Attorney General has specifically recognized that students “have the right to register and vote in the community where they attend school,” even if you leave the state for the summer.[8] New Mexico’s definition of residence prohibits someone who is in the state for “temporary purposes only” from voting;[9] but the AG has said that this cannot be used to bar students from voting at their colleges. The AG also stated that students who do not have a definite plan after graduation should be allowed to register to vote in the state.[10] The AG provides a list of factors that registrars could use to determine students’ voting residency, which include: where your car is registered; where you filed your taxes; the address on your driver’s license; where you keep your belongings; and your willingness to take an oath that you are a resident.[11]

Again the bill in New Hampshire is attempting to stop election day voter registration your own state doesn't even allow that. Also nothing I see here would allow a resident of New Hampshire that is attending classes in New Mexico to walk in and register to vote there, which they can currently do in New Hampshire if the situation were reversed maybe its there and I can decode it but I don't see it.

So what if my state does not allow election day registration? It should, but that applies across the board.

The point is that New Hampshire is depriving students of a right enjoyed by others. They are doing so to benefit a particular party. I don't get to write all the laws in my state, but I'd protest if my state tried to treat students differently. (I'd feel the same way about military, which is a bigger factor in NM than students, and pushes us to the right)

What you just quoted is different from the impression you tried to give with the DMV law. I'm still filing my bar complaint.

[MRRiley]

I don't believe requiring them to spend 44 cents on a postage stamp unduly limits participation. To encourage participation, the colleges could run ads, put up posters, etc., reminding them get their ballots in time to vote.

It's not just the 44 cents, it's encouraging them to become educated and active about their countries politics.
Waiving the postage on an absentee ballot would be a good idea, since then they don't need to make a trip to the post office for that stamp.

Actually, if I recall correctly, Tennessee's absentee ballots are "postage included" and I believe that many others are as well, so they may not even be out the 44 cents...

Absentee voting is easy and you can vote early... sometime by several months.

Mike

[GeneV]

An assumption is being made here about the residency of students that may be largely inaccurate. Residence is a combination of physical presence and intent. A student is an adult, or shouldn't be voting at all. Residence of the parents is no more the student's permanent intended residence than the location of the university. A student at a four year institution is signing up to stay in that district pretty close to the average (5 years) that one stays in one location in the U.S. They are generally not all that much more likely to go back and live "permanently" with mom and dad than they are to stay where they went to school, though the percentage that has at least temporarily gone back has increased dramatically in this recent economy. Since they may never have even voted in the district of their parents, they may also be much better informed about the district where they live.

Perception is often more important than reality. It is no coincidence that Republicans are targeting likely Dem voters all over the country, and making them need something extra to vote or perceive as much. We have about the lowest voter turnouts of any democracy. http://en.wikipedia.org/wiki/Voter_turnout People won't expend a lot of effort to vote. To the extent that groups perceive that the requirements will be significant, they are likely to reduce their numbers. Mission accomplished.

---

Last edited by GeneV; 03-15-2011 at 08:08 AM.

[Parallax]

An assumption is being made here about the residency of students that may be largely inaccurate. Residence is a combination of physical presence and intent. ........

The military is another example of this. When I was stationed in California, I maintained a South Dakota DL, kept my state of legal residence listed as SD on my military forms, and registered to vote in SD. This exempted me from CA Income Tax.
They don't look at any one thing to determine residency, but rather multiple indicia (where you register to vote, being one of them) to determine what an individual's intent is.

[les3547]

Absentee voting is easy and you can vote early... sometime by several months.

Yep, I love it. California sends me ballots for all elections, I fill them out, mail 'em off usually a couple of months before election day. I feel the same way about recycling . . . i.e., the county made it easy, so I eagerly participate.

[MRRiley]

No problem here with students declaring whatever state they want for "residency" purposes. Their home state or the state where the school is makes no never mind to me. All they have to do is meet the desired state's requirements to do so and they can claim residency.

Once I moved out of the dorm and into a rental unit off campus, I went and got a TN driver's license. This pretty much established legal residency for the state's purposes (though it took 12 months for the private college to count me as a TN resident for tuition purposes).

The main thing is to make sure students (and everyone else) get to vote ONCE in ONE place...

[GeneV]

The military is another example of this. When I was stationed in California, I maintained a South Dakota DL, kept my state of legal residence listed as SD on my military forms, and registered to vote in SD. This exempted me from CA Income Tax.
They don't look at any one thing to determine residency, but rather multiple indicia (where you register to vote, being one of them) to determine what an individual's intent is.

Restricting military would make a much bigger difference in my state. Residence is a very subjective thing, and it always has been.

[MRRiley]

Gene, Only those military members who have declared NM to be their state of residence (aka "home of record" in military speak) can vote there. This is not a trivial process in the military. But if they chose to do it they should have the right to vote there. This is no different than any transient population. As long as they follow the rules they should be allowed to vote ONCE where they are legally entitled.

Frankly, I never cared about the local area's local issues so though I spent time in NM (besides TX and CO) I stayed out of local politics and voted absentee in TN every election.

[GeneV]

Gene, Only those military members who have declared NM to be their state of residence (aka "home of record" in military speak) can vote there. This is not a trivial process in the military. But if they chose to do it they should have the right to vote there. This is no different than any transient population. As long as they follow the rules they should be allowed to vote ONCE where they are legally entitled.

Frankly, I never cared about the local area's local issues so though I spent time in NM (besides TX and CO) I stayed out of local politics and voted absentee in TN every election.

I have no problem with military members voting here, and I don't think the state procedure is all that difficult for them. They are valuable members of the community as well as serving the country.

[MRRiley]

Sorry gene... I was reading into your statements about "restricting military" as something you supported, not something you opposed... It was rather vague... but mea culpa...

[GeneV]

Sorry gene... I was reading into your statements about "restricting military" as something you supported, not something you opposed... It was rather vague... but mea culpa...

No, sorry for the misunderstanding. I was just saying in response to Jim's post about the military that a bill to restrict military votes would be of more concern in my state than students. We have many more military personnel from other states than students.