For 20 years The Coalition of NH Taxpayers has been trying to bring common sense to NH citizens who are concerned by some of our elected officials who are playing games with our elections by permitting non-citizens to vote in our state.
A Federal judge has offered the New Hampshire State Supreme Court an opportunity to render, again, as they did so last year, their opinion on the 40-year charade called: “I can’t figure out what words mean.”
There are 5 questions the Federal judge sent to our court:
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• Are the definitions of “resident” and “residence” in RSA § 21:6 and :6-a, as recently amended, effectively the same as the definition of “domicile” as used in RSA § 654:1, such that one with a New Hampshire “domicile” is necessarily a New Hampshire “resident”?
• Is a student who claims a New Hampshire “domicile” pursuant to RSA § 654:1-a necessarily a New Hampshire resident under RSA § 21:6, as recently amended?
• Can an individual with a New Hampshire “domicile” pursuant to RSA § 654:1 ever be an individual “who claims residence in any other state for any purpose” and thus is not a “resident” for the purposes of RSA § 259:88?
• Relatedly, does an individual who claims a New Hampshire “domicile” pursuant to RSA § 654:1, I or I-a necessarily establish “a bona fide residency” for the purposes of RSA §§ 261:45 and 263:35?
• Given the definition of non-resident in RSA § 259:67, I for the Motor Vehicle Code, are college students who reside in New Hampshire for more than six months in any year required to obtain New Hampshire drivers’ licenses by RSA § 263:1 if they wish to drive in the state and required by RSA § 261:40 to register in New Hampshire any vehicles they keep in the state?
There you go. Lat’s play domicile/resident until the cows come home. But before your eyes glaze over remember what our State Constitution says. Here is the relevant part:
[Art.] 11. [Elections and Elective Franchises.] All elections are to be free, and every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election. Every person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile.
It is the first sentence of Art. I Part II and does not involve the word residence.
Here is my take on this fraud:
1. The NH State Constitution is clear – you must have a domicile to vote in your Ward or Town.
2. “Where he has his domicile” means what it says – has his domicile, as in established, preexisting, not an intention to establish a domicile. Feelings do not establish domicile, facts do. See: Early v. Madison for that one.
3. The courts are trying to decide the claim the petitioners, citizens in all intents and purposes, of other states, are having their civil rights violated by “confusing laws”.
4. Our State Constitution also says in the first sentence that all voters shall have an “equal right to vote”.
5. I cannot, by federal statutes, have a driver’s license from Arkansas or California and vote in my town where I have my domicile as the two plaintiffs do.
6. Lucky for NH citizens the plaintiffs are not asking us to pay Arkansas or California state income taxes – like they are subject to.
7. Since the Dartmouth students are so “confused” by our requirement of a domicile to vote here, imagine if they were called for jury duty in New Hampshire. Or they tried to register their dog here and had no proof of domicile because their ID would not say NH.
8. If they have their out of state driver’s license taken by NH officials, how would they get it back, call Arkansas for a new one? Just say you lost it. No, NH calls the state where the offender is from to pull a driver’s license. Isn’t that confusing.
9. The fact of the matter is, every domiciled qualified voter in NH has his 14Th Amendment rights violated by their non-citizen voters. The judge knows this. The NH State Supreme Court knows this. The fake media might not be smart enough to comprehend something this basic. They are agenda driven so they don’t count.
Since this “confusing” situation has been going on for over 40 years with the 1972 Newburger v. Peterson federal case maybe we should simply look up the federal law.
US Code 10307 Prohibited Acts:
(c) False information in registering or voting; penalties
Whoever knowingly or willfully gives false information as to his name, address or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Guam, or the Virgin Islands, or Resident Commissioner of the Commonwealth of Puerto Rico.
willfully
ADVERB
willfully (adverb)
with the intention of causing harm; deliberately.
“she denies four charges of willfully neglecting a patient” – “he admitted willfully ill-treating animals”
with a stubborn and determined intention to do as one wants, regardless of the consequences.
“he had willfully ignored the evidence” – “the business seems willfully headed toward extinction”
These students cannot be disenfranchised from voting in the upcoming primary. They simply have to vote at home or become NH citizens by following all NH laws.
They have already voted here once – like thousands of other non-citizens.
William Gardner Knows it.
The AG’s Elections Division knows it and the Dept of Safety knows it.
So does this Federal judge and all the judges in this state.
Motor Vehicle laws do not supersede the NH or US Constitution in Federal Elections.
Some of the Cited statutes:
259:88 Resident. – “Resident” shall mean a resident of the state as defined in RSA 21:6, except that no person shall be deemed to be a resident who claims residence in any other state for any purpose.
Source. 1921, 120:6. PL 100:20. RL 116:26. RSA 260:35. 1977, 572:2. 1978, 40:17. 1979, 135:3. 1981, 146:1. 1985, 213:3, eff. Jan. 1, 1986.
21:6 Resident; Inhabitant. – A resident or inhabitant or both of this state and of any city, town or other political subdivision of this state shall be a person who is domiciled or has a place of abode or both in this state and in any city, town or other political subdivision of this state, and who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.
Source. RS 1:5. CS 1:5. GS 1:6. GL 1:6. PS 2:6. PL 2:6. RL 7:6. RSA 21:6. 1981, 261:1, eff. June 16, 1981.
I-a. A student of any institution of learning may lawfully claim domicile for voting purposes in the New Hampshire town or city in which he or she lives while attending such institution of learning if such student’s claim of domicile otherwise meets the requirements of RSA 654:1, I.
261:45 Resident of State. – (Motor Vehicle – Not Election Law)
Notwithstanding the provisions of RSA 261:44, when a nonresident has established a bona fide residency in this state, said resident shall have a maximum of 60 days from the date his residency was established in which to register his vehicle in New Hampshire.
261:45 Obligation to Register Vehicle. —
I. Notwithstanding the provisions of RSA 261:44, when a nonresident has established a bona fide residency in this state, said resident shall have a maximum of 60 days from the date of his or her residency in which to register his or her vehicle or vehicles in New Hampshire.
II. When a nonresident business entity has established a place of business in this state and principally garages or regularly keeps overnight in this state a vehicle or vehicles owned by or leased to the business entity for conducting intrastate commerce in New Hampshire, the business entity shall be considered domiciled in New Hampshire and shall have a maximum of 60 days from the date of establishing such domicile in which to register the vehicle or vehicles with division or with an apportioned registration through the international registration plan. The director may adopt rules pursuant to RSA 541-A relative to procedures for such registration.
Source. RSA 260:39-a. 1979, 135:1. 1981, 146:1; 479:2, eff. Jan. 1, 1982. 2015, 111:1, eff. Jan. 1, 2016.
263:5-a Application by New Resident. – (Motor Vehicle)
I. When a person who has established residency as provided in RSA 263:35 applies for a driver’s license the director shall not issue a driver’s license to the applicant until he or she has:
(a) Determined the validity of all licenses being surrendered; and
(b) Secured a certified copy of the motor vehicle record or records on file in any jurisdiction or jurisdictions in which the applicant has held a license within the past 10 years.
II. The director shall establish a new driver record for a person who applies for a driver’s license as described in paragraph I and shall include any conviction for an offense which occurred in another jurisdiction as long as such an offense, if committed in this state, would have been included in the driver record.
III. The director may issue a temporary driver’s license to a person who applies for a license under paragraph I until he receives the record and determines whether the person should be granted a driver’s license. The director may refuse to issue a temporary driver’s license to a person who is under suspension or revocation in another jurisdiction or who would present a hazard to the safety of others.
IV. The period for the temporary license may be extended or the temporary license renewed if the applicant would qualify for a driver’s license suspension or revocation under the laws and rules of this state, until an opportunity for a hearing has been provided and a decision made on whether to issue a license.
V. The director may satisfy the requirements of subparagraph I(b) by obtaining the applicant’s record from the National Driver Record Repository, or by checking the applicant’s record through the problem driver pointer system.
VI. A person who applies for a driver’s license under paragraph I and provides false information shall be subject to the provisions of RSA 260:10 and RSA 263:12.
Source. 1989, 384:1. 1995, 85:3. 2013, 180:5, eff. Jan. 1, 2014.
July 12, 2018 “OPINION of the JUDGES – RESIDENCY
https://law.justia.com/cases/new-hampshire/supreme-court/2018/2018-0267.html