{"id":8902,"date":"2020-11-01T08:37:18","date_gmt":"2020-11-01T13:37:18","guid":{"rendered":"http:\/\/www.cnht.org\/news\/?p=8902"},"modified":"2020-11-01T08:37:18","modified_gmt":"2020-11-01T13:37:18","slug":"taking-advantage-of-nh-voter-laws","status":"publish","type":"post","link":"https:\/\/www.cnht.org\/news\/2020\/11\/01\/taking-advantage-of-nh-voter-laws\/","title":{"rendered":"Taking Advantage of NH Voter Laws"},"content":{"rendered":"

by Ed Naile<\/em><\/p>\n

When someone takes advantage of NH watered down election laws regarding where their legal residence is there is one simple test.<\/p>\n

Take a look at the NH AG\u2019s advice from their web site:<\/p>\n

\u201cHow do I establish domicile\/residence in New Hampshire? – You make a town or ward in New Hampshire your principal place of physical presence to the exclusion of all other places. Your actions in New Hampshire reveal your intent to make a place in New Hampshire your domicile\/residence. Such actions include, but are not limited to, purchasing or leasing a principal (i.e. primary) house or apartment, obtaining a resident vehicle registration, placing dependent children in a publicly funded school, registering to vote, paying taxes applicable only to residents, etc. RSA 21:6; RSA 21:6-a; RSA 259:23; RSA 654:1.<\/em><\/p>\n

For College\/University students seeking to establish a domicile\/residence in New Hampshire please see below for more information. See RSA 654:1, I-a.\u201d<\/em><\/p>\n

https:\/\/www.doj.nh.gov\/election-law\/domicile-residence-faq.htm#domicile-residence<\/a><\/p>\n

This explanation of domicile (legal term for legal residence) is simple, your domicile is: \u201cyour principal place of physical presence to the exclusion of all other places.\u201d<\/p>\n

\u201cTo the exclusion of all others\u201d does not sound like a high hurdle. If another state recognizes you as THEIR citizen \u2013 vote there.<\/p>\n

Just as in the NH State Constitution, one does not have to dive deep into the text of Part1 Article 11, regarding one\u2019s legal residence, to get an answer: <\/p>\n

\u201c[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.\u201d<\/em><\/p>\n

For twenty years NH election officials and liberal judges have played a game of whack a mole with the meaning of the word \u201cresidence\u201d to avoid the word domicile. Look at the harm and confusion it has caused.<\/p>\n

Three things to take note of about our State Constitution:<\/p>\n

One. Some internet search sites play loose with the text of our State Constitution. They \u201ccondense\u201d it to make it easy to read. See for yourself from Wikipedia:<\/p>\n

\u201cArticle 11. Elections and Elective Franchises. In New Hampshire, all elections are free and all inhabitants 18 or older are permitted to vote in their domicile. Persons convicted of “treason, bribery or any willful violation of the election laws of this state or of the United States” are excluded from voting in elections; which may be restored by the Supreme Court on notice to the Attorney General.\u201d<\/em><\/p>\n

Two. The State Constitution demands equal rights for voters:<\/p>\n

\u201c…every inhabitant of the state of 18 years of age and upwards shall have an equal right to vote in any election.\u201d<\/em><\/p>\n

This means out-of-state voters do not have a right to vote in New Hampshire simply because they are \u201cpresent.\u201d Can you find the words \u201cpresent\u201d or even \u201cresident\u201d mentioned regarding voting in NH? <\/p>\n

Good luck. Any election official claiming non-citizens are citizens has to be asked a simple question \u2013 \u201cCan you prove that?\u201d<\/p>\n

Three. A domicile to vote in NH must be established:<\/p>\n

\u201cEvery person shall be considered an inhabitant for the purposes of voting in the town, ward, or unincorporated place where he has his domicile.\u201d<\/em><\/p>\n

The State Constitution does not say \u201cwhere a person intends to establish a domicile.\u201d A legal vote comes from an established domicile. A legal domicile requires an action to establish that domicile.
\nTake a look at the definition of DOMICILE regarding Massachusetts resident taxes from their web site:
\nhttps:\/\/www.mass.gov\/service-details\/learn-about-legal-and-residency-status-in-massachusetts<\/a><\/p>\n

\u201cLegal status – Your domicile, or legal residence, is your true home or main residence. You may have multiple residences at one time, but only 1 domicile. You can’t choose to make your home one place for general living purposes and in another for tax purposes. Your legal residence is usually where you maintain your most important family, social, economic, political, and religious ties, and it depends on all the facts and circumstances per case, including good faith.\u201d<\/em><\/p>\n

\u201cChanging your domicile – You cannot change your domicile by taking a temporary or longer than expected absence from Massachusetts. You must not intend to return. To change your domicile, you must have declared your intent and taken steps to do so. Your declaration of intent will be examined closely. If you assert that your domicile has changed, you bear the burden of proving that fact.<\/p>\n

Factors that will be considered when determining if you’ve changed your domicile:<\/p>\n

You’ve purchased or leased a new home or an apartment in the new location
\nYou’ve moved his personal property to the new location
\nYou got permanent employment in the new location
\nYou canceled Massachusetts bank accounts and opened new accounts in the new location
\nYou sold real property in Massachusetts or canceled leases
\nYou issued address change notices
\nYou changed voter registration
\nYou got a driver’s license and automobile registration in the new location
\nYou changed membership in churches and clubs
\nGenerally, you’re involved in the new community<\/strong><\/p>\n

Detailed information required:
\n
\nAny different addresses you had at any point during the past 5 years
\nWhen in Massachusetts, where you live and for how many months per year
\nWhen in the state you claimed legal residence in, where you live and for how many months per year
\nProperty owned in Massachusetts
\nProperty owned in other states
\nDates physically present in Massachusetts over the past 5 years
\nDates physically present in other states over the past 5 years
\nPart of the year you expect to be in Massachusetts in future years
\nPart of the year you expect to be in other states in future years
\nYears you’ve been eligible to vote in Massachusetts
\nYears you’ve been eligible to vote in other states
\nYears you’ve been assessed real estate tax in Massachusetts
\nOrganizations in Massachusetts (and in other states) that are considered:
\nChurch\/religious
\nCivic\/political
\nFraternal organizations
\nClubs
\nBank accounts and safe deposit boxes, noting location and dates opened\/closed
\nAutomobiles owned and where registered in the past 5 years
\nAddress listed on passport if obtained within the past 5 years
\nWhich IRS office the federal tax returns were filed in over the past five years
\nWhere any dependents attend school.<\/strong><\/p>\n

If you are voting in NH illegally and NH officials couldn\u2019t care less, that is one thing. But you still have laws in your state of domicile to contend with. <\/p>\n

Out-of-state, drive-by voters taking issue with someone challenging their domicile status, or disputing officials who might charge them with an election law violation, face a challenge of their own. Are you prepared to bring all your bank accounts, tax records, vehicles registrations and driver\u2019s license, along with your passport to a courtroom to prove you have moved out of state?<\/p>\n

Actions have consequences. Vote at home.<\/p>\n","protected":false},"excerpt":{"rendered":"

by Ed Naile When someone takes advantage of NH watered down election laws regarding where their legal residence is there is one simple test. Take a look at the NH AG\u2019s advice from their web site: \u201cHow do I establish domicile\/residence in New Hampshire? – You make a town or ward in New Hampshire your […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[72,29],"tags":[],"class_list":["post-8902","post","type-post","status-publish","format-standard","hentry","category-attorney-general-watch","category-vote-fraud"],"_links":{"self":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/8902","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/comments?post=8902"}],"version-history":[{"count":1,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/8902\/revisions"}],"predecessor-version":[{"id":8903,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/posts\/8902\/revisions\/8903"}],"wp:attachment":[{"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/media?parent=8902"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/categories?post=8902"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cnht.org\/news\/wp-json\/wp\/v2\/tags?post=8902"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}