Naile: This is how they throw the case

Naile: This is how they throw the case

Submitted by Ed Naile, Chairman of the Coalition of NH Taxpayers, on how New Hampshire’s constitution and election laws are being undermined by those who are supposed to enforce and uphold the law.  ~Publius 

NB:  Click here for this morning’s discussion of the article below.

[Art.] 11. [Elections and Elective Franchises.] All elections are to be free, and everyinhabitant 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. No person shall have the right to vote under the constitution of this state who has been convicted of treason, bribery or any willful violation of the election laws of this state or of the United States; but the supreme court may, on notice to the attorney general, restore the privilege to vote to any person who may have forfeited it by conviction of such offenses. The general court shall provide by law for voting by qualified voters who at the time of the biennial or state elections, or of the primary elections therefore, or of city elections, or of town elections by official ballot, are absent from the city or town of which they are inhabitants, or who by reason of physical disability are unable to vote in person, in the choice of any officer or officers to be elected or upon any question submitted at such election. Voting registration and polling places shall be easily accessible to all persons including disabled and elderly persons who are otherwise qualified to vote in the choice of any officer or officers to be elected or upon any question submitted at such election. The right to vote shall not be denied to any person because of the non-payment of any tax. Every inhabitant of the state, having the proper qualifications, has equal right to be elected into office.

Black’s Law DOMICILE

That place in which a man has voluntarily fixed the habitation of himself and family, not for a mere special or temporary purpose, but with the present intention of making a permanent home, until some unexpected event shall occur to induce him to adopt some other permanent home. In re Garneau, 127 Fed. G77, 02 C. C. A. 403. …

“Domicile” and “residence” are not synonymous. The domicile is the home, the fixed place of habitation; while residence is a transient place of dwelling. Bartlett v. New York. 5 Sandf. (X. Y.) 44.

Newburger v. Peterson – Federal Case about making a registering NH college voter promise to stay in NH after graduation. 1972

The Court found:

We are sensitive to the compelling need “to preserve the basic conception of a political community”. Dunn v. Blumstein, supra, 92 S.Ct. at 1004. But the challenged New Hampshire law forces persons who are in every meaningful sense members of New Hampshire political communities to vote in communities elsewhere which they have long departed and with whose affairs they are no longer concerned, if indeed the former community still recognizes the right.

The specific language of the NH State Constitution regarding domicile is not inconsistent with, legal dictionaries, many previous Federal cases involving domicile, or common sense. But that is not how the issue has been seen by our activist courts in NH.

Here is a sample of what the NH State Supreme Court accepted on appeal from the Superior Court invention of “mobile domiciles” in the Hannah Rivers v. Gardner case of 2012 which then became the Annemarie Guare case in 2015:

“For the purposes of this appeal, the State has agreed that the 2012 law that added the challenged language to the voter registration form, Laws 2012, 285:2, does not alter the statutory definitions of “domicile” and “residence.” The State has also acknowledged that the statutory definition of “domicile” and the statutory definition of “residence” differ. Further, the State has agreed that, to vote in New Hampshire, a citizen need only have a New Hampshire “domicile,” and need not be a New Hampshire “resident.”

If before going to the State Supreme Court to protect the legal votes of NH qualified  citizens the NH Attorney general’s Office agrees that “domicile” does NOT mean legal residence – why bother going to court – unless the case was rigged?

Here are two new words for the State of NH election officials to look up in Blacks Law Dictionary:


  1. In criminal law and the law of evidence. Purpose; formulated design ; a resolve to do or forbear a particular act; aim; determination. In its literal sense, the stretching of the mind or will towards a particular object. . “Intent” expresses mental action at its most advanced point, or as it actually accompanies an outward, corporal act which has been determined on- Intent shows the presence of will in the act which consummates a crime. It is ‘the exercise of intelligent will, the mind being fully aware of the nature and consequences of the act which is about (o be done, and with such knowledge, and with full liberty of action, willing and electing to do it. Burrill, Circ. Ev. 284. and notes.


  1. In Law, this is why one committed the crime, the inducement, reason, or willful desire and purpose behind the commission of an offense. Whether the purpose was good, like helping someone commit suicide, or bad, like committing murder, it is not a deciding factor in deciding guilt or innocence. But, intent is. In a libel case, it has importance. It may be used by a defending attorney in punishment mitigation or by a prosecuting attorney as circumstantial evidence to prove guilt. 2. In Psychology, this is what energizes people to action and determines their choice of behavior, as concern, desire, emotion, or need.

In 2012, the same year the Hanna Rivers “mobile domicile” student voter case was filed, the NH State Supreme Court heard a case about redistricting involving a word in a new piece of legislation. The word was “contiguous.” The Court said in its decision, Lee Quant v. Gardner, they must look at the plain meaning of the words involved in such a case and used Black’s law dictionary as they always do – except in the case involving the “domicile” of thousands of out of state voters.

Clearly the NH officials involved with protecting NH citizen’s legal votes have other intent and motive for ignoring the meaning of the most critical part of our State Constitution.

NH citizens should be rightfully angry at this dangerous word game being played in our courts, The NH AG’s Office and Secretary of State’s Office.