by Ed Naile
Try as they might, the NH AG is only the enforcement arm in the NH voter fraud industry, not the final say.
The NH State Supreme Court has already spoken to this issue in Newberger v. Peterson.
I like this last paragraph, the one the NH AG would like to ignore – has ignored:
“We are sensitive to the compelling need “to preserve the basic conception of a political community”. Dunn v. Blumstein, supra, 92 S. Ct. at 1004. But the challenged New Hampshire law forces persons who are in every meaningful sense members of New Hampshire political communities to vote in communities elsewhere which they have long departed and with whose affairs they are no longer concerned, if indeed the former community still recognizes the right.”
The argument in Newberger was that it was unconstitutional to enforce time limits for out-of-state tuitioned students to vote in NH. You could not make them promise to stay here after voting.
But here is an example of what the NH AG wrenches from that case.
From the seacoastonline.com story:
“The four people established a physical presence at Fuller Clark’s home, “which continued for several months,” and that was their domicile until they moved after the elections, concluded Assistant Attorney General Stephen LaBonte.
In a letter dated Aug. 21, LaBonte noted the Constitution protects the freedom to travel and allows citizens to reside in any state, while the courts have held “there is no lengthy residency period which a citizen must meet before he or she can vote.” LaBonte addressed each of the four temporary guests at Fuller Clark’s home individually.”
Facts are stubborn things.
They never abandoned their previous domicile and the state they live in, are residents of, and are domiciled in, still give them the privilege of a driver’s license and obligation to pay income taxes. They are citizens of another state voting here.
Now retiring Superior Court Judge Lefty Lewis made up the term “mobile domiciliaries” for them.
Sorry, but their real home state has domicile laws as well.
And similar cases have already been argued at the Federal level.