State of Elections

William & Mary Law School | Election Law Society

Tag: Domicile

Trying to Stop Drive-By-Voting in New Hampshire

By: C. Rose Moore

Round two of the “drive-by voting” battle in New Hampshire ended on September 16th, 2015 when the New Hampshire Senate failed to override Governor Maggie Hassan’s veto of Senate Bill 179.  That proposal would have required potential voters to be domiciled in the state for at least thirty days prior to an election.  This was the second initiative purportedly aimed at combatting this type of fraud, which can be illustrated by the actions of Vice-President Joe Biden’s niece.  While “she didn’t break the letter of the law… many people think she violated the spirit of it” by voting in the 2012 elections in New Hampshire after only working on the campaign there for a short time.

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New Orleans Mayoral Race Post-Katrina

This year marks the 4th Anniversary of Hurricane Katrina. As the city of New Orleans moves towards recovery, it must start thinking about electing a new mayor. Actorruled himself out as a likely candidate, citing his controversial platform to legalize gay marriage and marijuana, and incumbent mayor Ray Nagin of “Chocolate City” fame is ineligible to participate due to term limits. Finding a field of eligible candidates may be difficult due to a protectionist provision in the City Charter which states:

“The Mayor shall be a citizen of the United States and a qualified elector of the City, and shall have been domiciled in the City for at least five years immediately preceding the election.”— New Orleans Home Rule Charter, Section 4-202.

Residents were not allowed to return home for over a month following Nagin’s mandatory evacuation order, and whether evacuees experienced a change in domicile during that mandatory evacuation may be an question in the upcoming April 2010 election. The issue is whether individuals can meet the length of residency requirement due to their voluntary displacement. Continue reading

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