In New Hampshire, our Secretary of State cannot define a person’s domicile or residence. It is a matter of “intent” he claims. Our courts are no different. The justices have determined, using some dictionary they have not made public, that anyone can have a voting domicile in NH as long as it is in their mind. See Guare v. NH.
New Hampshire has set up a very elaborate system of same-day voting laws which allow anyone, without any identification, to vote in a New Hampshire General Election and simply disappear moments later. That vote is as “legal” as any other. It is known as a “super-enfranchised” New Hampshire vote.
Look at RSA 654:12, which says in part:
“I hereby swear and affirm, under the penalties for voting fraud set forth below, that I am not in possession of some or all of the documents necessary to prove my identity, citizenship, and age and that I am the identical person whom I represent myself to be, that I am a duly qualified voter of this town (or ward), that I am a United States citizen, that I am at least 18 years of age as of this date or will be at the next election, and that to the best of my knowledge and belief the information above is true and correct.”
Within minutes of voting, the New Hampshire vote is irretrievably cast – no questions asked – as per the New Hampshire Attorney General’s Office annual memorandum to election officials statewide that absolutely no one is to be turned away who is attempting to register in NH.
But take a look at how our members of the US Military vote. They supposedly have rules for deciding domicile and residency.
“Members of the Uniformed Services and Their Eligible Family Members
What is a voting residence and why is it important?
Your voting residence is within your State of legal residence or domicile. It is the true, fixed address that you consider your permanent home and where you had a physical presence. Your State of legal residence is used for State income tax purposes and determines eligibility to vote for federal and State elections and qualification for in-state tuition rates.
State of legal residence and voting residence is sometimes mistaken for home of record. While your voting residence may be the same as your home of record at the beginning of your military career, if you change your legal residence or domicile at any point you also need to update your voting residence.
To claim a new legal residence or domicile, consult your legal counsel or military legal assistance office, as there may be other factors to consider, such as tax implications.”
It’s nice of the Department of Defense, Voter Assistance Program, to go to all the trouble to detail how military members and their families can decide “domicile” but if they want to vote in NH the information the DOD provides is moot. Anyone can register and vote in a New Hampshire General Election involving a Federal Office (so the story goes) because New Hampshire cannot legally determine anyone’s domicile, residence, legal abode, home, habitation, nothing – because, well, just because.
And it is all totally legal. If you have any questions just ask Secretary of State William Gardner or contact the NH AG’s Elections Division.
New Hampshire’s lack of ability to run a clean election has national implications when it comes to Federal Office. Doesn’t that make you proud?
Maybe we should let the DOD in on NH’s voter registration laws, so they can update their website.
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