(Hour 1c) Ed Naile, Chairman of the Coalition of NH Taxpayers, called in for A Question of Voter Fraud to comment on issues in Indiana. He also talked about an issue between Joe Barton and the Attorney General’s office. Tune in to hear all about it.
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Sample of real election law:
In general, a person must be registered in order to vote in Indiana. Ind. Const. Art. 2 § 14. A person must meet the following requirements to be a registered voter in Indiana: (1) be a citizen of the United States; (2) be at least eighteen (18) years of age on the day of the next general or municipal election; (3) live in a precinct continuously for at least thirty (30) days before the next election; and (4) not currently be in prison following conviction of a crime. (Ind. Const. Art. 2 § 2; IC 3-7-13-1 and 4) There are also “fail-safe” procedures under state and federal law that provide procedures for certain persons to vote even though they do not meet the residency requirement. These fail-safe procedures will be discussed in more detail later.
A person who resides in a precinct continuously before a general, municipal, or special election or at least thirty (30) days may apply to register to vote. (IC 3-7-13-1) A person who will meet the residency requirement on the day of the next general, municipal, or special election, may register and vote in the primary election. (IC 3-7-13-2) Residence means the place: 1) where a person has the person’s true, fixed, and permanent home an principal establishment; and 2) to which the person has, whenever absent, the intention of returning. (IC 3- 5-2-42.5) In addition, the election code contains standards used to determine the residency of a voter, candidate or a person holding office. (IC 3-5-5) While this definition and these standards are helpful, there are some recurring issues raised with regard to providing information about a registration applicant’s residence for those who are homeless, mobile, in college, or overseas. These issues will be discussed in detail later in the guidebook.
- College Students
Under Indiana law, each person who applies to register to vote must state the address of their residence. A person can only have one residence under Indiana law. However, where a person’s residence is located will depend on the facts of their situation and their intentions. For some, but not all, college students, their residence will be the address that they traveled from to attend school. For other college students, who have no intention of returning to that address, their residence will be in the community where they are attending school. In short, there is no rule on legal residence that applies to all college students. Each case and each individual is different. It is a violation of election law to challenge a voter on the basis that: 1) the voter is enrolled in an educational institution or; 2) the voter’s address on the registration record is at an address which is housing provided for students by an educational institution. (IC 3-5-5-7)