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Live Free or Die: The Battle Over Student Voting Rights in New Hampshire

Posted: 03/07/11 12:10 PM ET

On February 24th, the Election Law Committee of the New Hampshire House of Representatives held a public hearing on House Bill 176, legislation that would disenfranchise college students from voting in the state. If enacted, the bill would redefine domicile for students and federal government employees as the state in which they claimed domicile before moving to New Hampshire, essentially forcing them to vote absentee in a state where they no longer reside.

The proposed bill has been lambasted on constitutional, legal, and moral grounds. But the most distressing implication of HB 176 is its innate assertion that students are not truly members of their state and local communities, that the stake we hold in our politics is mitigated by the location where our parents happen to reside. The bill tells us, "Vote somewhere else."

But here in New Hampshire we live by a very different creed. In this state we say, "Live Free or Die." And last Thursday, college students, constitutional scholars, county clerks, elected officials, and ordinary citizens from all over the state and running the full political spectrum showed up in force to voice their strong opposition to the legislation.

The bill raises both state and federal constitutional questions, violates the Voting Rights Act of 1965, flies in the face of legal precedent from the 1970s overruling similar measures in a New Hampshire federal district court, and would inevitably lead to a flurry of practical implementation issues down the road. But setting these myriad faults aside, what truly unites opponents of HB 176 is our belief that the proposed law is anathema to the core values of New Hampshire and the United States.

Voting is both a fundamental privilege and obligation of citizenship. State House Speaker William O'Brien recently claimed that college students vote, "too liberal," "with their emotions," and that they lack sufficient "life experience" to vote in the state.

The last time we checked, the Constitution affords all citizens who are at least 18 years of age the right to the ballot box, and the idea of the government choosing who can or cannot participate in the democratic process on the basis of arbitrary value judgments should terrify every single American that holds their vote dear.

College students volunteer in their towns and communities, pay local property and meals taxes, and are undoubtedly affected by the laws enacted within their state. HB 176 smacks of political cynicism and the students and citizens of New Hampshire will not stand for it.

This is why at Dartmouth, the College Democrats, College Republicans, College Libertarians, and Student Assembly have joined forces to stand in solidarity against this bill. The testimony delivered at last Thursday's hearing is unequivocal proof that students care deeply about their local communities and the state at large.

The right to vote is an issue that is simply too important to be subjected to partisan politicking. We will continue to speak out in this battle. We will continue to be invested in our state and in our politics. And we will continue to tell the State House, as we did last Thursday, that in the United States, and in the state of New Hampshire, the government does not choose its voters.

The voters choose their government.

This post was originally published on Rock the Vote's blog.

 
 
 
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lcr999
scientist
02:10 AM on 03/11/2011
This begs for a federal solution. You cant just say "vote where you used to live". If you don't actually live there anymore, you might not be considered a resident there either.

Where you parents live, where you used to live, where you parents used to live.....are all quite irrelevant.

Owning property is irrelevant.
Where you plan to live in 3 or 4 years or even 1 year is irrelevant.
Whether you are a student is irrelevant. You are going to let a 19 year old non-student vote, but not let the 19 year old student who lives next to him vote. That won't hold up in any court.
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HUFFPOST BLOGGER
Lonna Saunders
12:57 AM on 03/09/2011
This is ridiculous how admittedly petty, partisan politics in the Granite State are getting in the way of the hard-earned right to vote of 18 year olds. In my day, 18 year old men were being shipped off to die or be maimed in Vietnam without having the right to vote...for the voting age was 21 back then. As someone who was a student at Dartmouth and then after college graduation chose to take a job in Keene, NH as my first job out of college as News Director of WKBK-AM Radio, it is appalling to me that Dartmouth students and other NH college students could be stripped of their right to vote while in college. NH should be embracing these students instead of acting in ways that can only be characterized as encouraging a brain drain out of NH. Go Granite state!
02:25 PM on 03/08/2011
When this bill was first discussed, It was explained in plain NH English. The purpose is to prevent a small town from being over run by a large college student population. So that the town could not be outvoted and overpowered by student voters who do not have any financial stake in the towns future.
Having students vote in their home town does not mean the students are being disenfranchised. Absentee ballots cast in their home towns does not present a hardship.
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lcr999
scientist
02:05 AM on 03/11/2011
Having a financial stake in a community is not a reason to deny voting. Should we disenfrachise renters too. Only let property owners vote.

And students certainly pay sales tax.

You want them to vote somewhere where they dont really live?
11:23 AM on 03/08/2011
Let me try to state it this way,
The evidence that supports the Power of the Youth vote in the last election is a call to arms for some and will be worth their focu$ed effort.
That is what I would do.
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HUFFPOST SUPER USER
Parade Keegan
I Can Hear You
09:40 AM on 03/08/2011
So, if students are to be denied the constitutional right to vote causative being uninformed and immature then should we also debate denying 50 aged citizens the right to vote because they are bordering on senility and are too "jaded" by the political process to fairly elect a capable representative?
09:56 AM on 03/08/2011
These folks saw how the youth rejected them in the last election. And in them seeing Egypt changed by the youth, who were not about ideology or religion, these guys know our youth are the sleeping Giants on their horizon.
Our youth are a Big Stick.
SO, expect full on assaults of any youth participation.
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Fnordpocalypse
THEY LIVE - WE SLEEP
12:27 PM on 03/08/2011
if being uninformed was a reason to deny votes, the Tea Party wouldnt have been able to come so far.
09:35 AM on 03/08/2011
Will the next law NH tries to pass state that only Property owning white males shall be allowed to vote?
09:29 AM on 03/08/2011
I live in a NH college town (Plymouth) and it's hard to find a liberal voice up here. All the newspapers are not only right leaning, but extreme right. The right controls the local tv stations also. I don't understand how people can buy into the republican philosophy.
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HUFFPOST COMMUNITY MODERATOR
SageFire
Loves Teachers, Helpers, Protectors
10:52 PM on 03/07/2011
I know my college kids voted because they bugged me all day to make sure I did, too. Because they are out of state the forget I had already voted a couple of weeks earlier. They were also very upset with a bunch of their friends that didn't. The most important thing I believe we can do, after making sure voter's rights are not taken away (duh), is to spread Oregon's vote by mail process all over the country. Voter turnout in Oregon in 2010 was 71%, and in 2008 it was 85%. http://www.kptv.com/yourvote/25622493/detail.html
06:10 PM on 03/07/2011
These newly elected Republicans campaigned on fixing the budget and creating jobs. As far as I can tell, all they have accomplished, and attempted to accomplish, revolves around political issues aimed at improving their chances at the polls next election cycle. Playing politics is one thing. It's not what they said they would do, but it is vaguely understandable.

Attempting to disenfranchise and huge number of voters who happen to vote against you? Unconstitutional and reprehensible.
10:09 AM on 03/08/2011
When we have the Vice President telling US "Deficits Don't Matter"............

It sure is not a stretch to use the "deficits" to reshuffle the labor market to their no bid contractors.
06:06 PM on 03/07/2011
More evidence of the interest by the right wing in restricting the right to vote to those who vote for the right wing. It would not surprise me if the proposed legislation includes an exemption for members of college republicans.
09:58 AM on 03/08/2011
And....The ones who think carrying a gun on campus is appropriate....
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Slim Dude
Oh, it looks good on YOU though...........
04:59 PM on 03/07/2011
I hope voters are starting to realize the damage that the power-grabbing republicans are beginning to inflict on this nation. Clearly they are putting their political interests above the needs of the citizens, and the rights of the citizens.
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HUFFPOST SUPER USER
ztck5356
07:49 AM on 03/08/2011
They have been doing this since Nixon.
09:59 AM on 03/08/2011
Our kids will become acutely aware of where the issues they are faced with were rooted.
04:53 PM on 03/07/2011
Here we go America .... these so called leaders want to set america back to the 1800's...when only property (white) owners could vote. If we dont fight to keep our rights as americans we loose ... our voice for the voices less OUR VOTE ... our vote is our only voice of power aginst these store bought leaders... SHAME < SHAME < .....is what comes to mind. They dont want to lift the boot off our backs they want to add another one! .... WAKE UP AMERICA !!!
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HUFFPOST SUPER USER
MeinNH
Ooooo Silly Me
07:45 AM on 03/08/2011
Let me be your first fan.
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HUFFPOST SUPER USER
Thanks4Watching
Daily dose of cynicism
04:43 PM on 03/07/2011
And here's the reason why they want to take voting rights away from students:

"Voting as a liberal. That's what kids do," he added, his comments taped by a state Democratic Party staffer and posted on YouTube. Students lack "life experience," and "they just vote their feelings."
Source: http://www.washingtonpost.com/wp-dyn/content/article/2011/03/06/AR2011030602662.html

In other words, they want to take voting rights away from students - granted by the Constitution at the age of 18 - because they vote Democratic. Sickening. The Republicans are fighting tooth and nail to turn the United States into a one-party country.
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HUFFPOST SUPER USER
lbrillante
I take action knowing Love will win.
03:28 PM on 03/07/2011
Wow! I had no idea this was happening. This seems like another attack from the corporate right to remove all resistence to their ability to win elections. If they diminish every voting block on the left and middle and control much of the right via media... then there is no one left to put up a fight.
08:20 AM on 03/08/2011
The recent Grafton County Treasurer debacle highlights the difficulty of allowing college students to vote in local elections about which they are neither informed, nor care. In that case, the 4000+ voter block of Dartmouth students, voting mostly on straight Democratic tickets, elected an unqualified candidate who ran Democratic on a whim.
Is that justification for stripping the right to vote in national elections without using an absentee ballot? Clearly not. Even in local elections, the concept toes a fine line, as the schools and their students make up a huge share of economic activity in most NH college towns. Certainly, from the long-time residents' perspective, the college populations are wildly left-leaning, and very transitory.
10:05 AM on 03/08/2011
And that is exactly how they want it.....kept in the dark