Foster's Daily Democrat

October 12, 2004

Activists seek to sift fact from fiction in student voting
By Colin Manning

CONCORD, NH- With the Nov. 2 general election rapidly approaching, activists want to separate fact from fiction when it comes to student voting.

At a press conference on Wednesday, several groups, including the New Hampshire Citizens Alliance, the League of Conservation Voters and the state chapter of the American Civil Liberties Union, called attention to what they called "institutional barriers" for voters in this state, particularly college students.

"In today's pressure-filled world, voting should not be a hassle," said Sam Mekrut, executive director of the Citizens Alliance. "Voting is something that we should all be able to do easily."

Lora Wondolowski of the League of Conservation Voters said "intimidation" tactics at the polls in Durham, where the University of New Hampshire is located, is part of the reason the young voters have the lowest voter turnout out of the entire population. In 2000, only 36 percent of voters nationally aged 18 to 24 cast ballots.

"Students are engaged and want to get involved," Wondolowski said. "So why do we make it so difficult to participate?"

A national report issued by the League titled "Not Home, Not Welcome: Barriers to Student Voters" specifically mentions instances of voter intimidation in Durham. It also quotes New Hampshire House Speaker Gene Chandler, R-Bartlett, during a public forum last year as saying, "It is simply not right to allow college students to have any say in our elections in New Hampshire. If they start voting in elections in a lot of these communities, they can have a big say in what's happening. We need to control that."

"This state has been schizophrenic in its treatment of student voters," said Claire Ebel, executive director of the ACLU in New Hampshire, of Chandler's comments.

Out-of-state college students have been scared away from the polls in the past when they were told that declaring a college town as their domicile for voting purposes could lead to a loss of scholarships and financial aid, according to those at the press conference.

"The loss of financial aid is a misconception that has been circulated for years," Mekrut said.

Assistant Attorney General Orville "Bud" Fitch said there is a potential for an out-of-state student who registers to vote in New Hampshire to lose financial aid, however those cases are very few.

"We do have documented incidents where some scholarships were affected, but those instances are the exceptions. It is very rare that happens," Fitch said.

More common, Fitch said, are students who declare their college residence as their domicile for voting, only to find they are no longer covered under their parents' car insurance.

"We have seen insurance companies say to the student that they are living in a different place and rate them as a single person, rather than cover them under the family's policy," Fitch said. "But these are all questions students have to answer for themselves. I am not aware of any local election official who will answer these questions because each student's case is different."

This year, officials at UNH are undertaking a coordinated effort with Durham town officials to educate students on the voter registration process. Also, the school's financial aid department is available to answer any student's questions.

"This is not a scare tactic," Fitch said. "These are issues every voter who registers should understand. They are now saying they are a resident of New Hampshire."

Supervisors of the checklist in Durham will be on the UNH campus twice in October - on Oct. 7 and Oct. 14 from 11 a.m. to 2 p.m. - to register students and give them all the information they will need on registration and voting.

"The big push is to do it early and save yourself the agony," said Ann Lemons, a supervisor of the checklist in Durham, referring to long lines at the polls due to a high number of students registering on election day.

There will be three supervisors of the checklist on hand election day, as well as three other election officials, she said. Also the town is trying to recruit up to 12 deputy registrars to assist on Nov. 2, when they will be prepared to register up to 2,000 people. During election day in 2000, they registered about 1,800 people, Lemon said.

For students registering on election day, they must prove they live in Durham and if that is in a dorm, students can go to their residential advisor for a signed document stating they live in that dorm.

Last year, lawmakers passed a law requiring a new voter affidavit be signed by those registering to vote in the state for the first time. It states fines of $2,500 and $5,000 can be imposed for lying on a voting affidavit. Also, it reminds those registering that, "In declaring New Hampshire as my domicile, I am subject to the laws of the State of New Hampshire which apply to all residents, including laws requiring me to register my motor vehicles and apply for a New Hampshire driver's license within 60 days of becoming a resident."

The ACLU's Ebel said this portion of the affidavit makes it more difficult for young people to register to vote by scaring them away.

However, Fitch said the affidavit is just a reminder of state law and should not affect whether or not someone chooses to vote.

"People take the last part of the language totally out of context from the first part. It does not state you have to have a New Hampshire driver's license to vote here. If you just moved here from Vermont 30 days ago, the law says you still have 30 days to apply for a New Hampshire license. That person can still vote," he said.

Even those who ignore the law and do not register their car in this state nor apply for a driver's license will still be allowed to vote.

"Even if a person chooses to blatantly ignore the motor vehicle laws, it doesn't affect your right to vote," Fitch said. "Given the entire context of the wording, it is unreasonable to say if you don't have a New Hampshire driver's license you can't vote."

College students are asked to provide additional information regarding their residency because they often do not have a New Hampshire license. But taking these extra precautions is not a way to intimidate young voters, Fitch said, but rather an effort to strengthen their right to vote.

"Students, like other members of the population such as military personnel, federal employees and those in nursing homes, have special privileges above what you and I have as voters because they are under special circumstances," he said. "The fact they are treated differently is true, but that's because they have additional privileges in that most students have a choice of which domicile they want to declare - their college domicile, or their hometown. We don't think it is unreasonable for election officials to ask for additional proof of their domicile."

Courtney Chelo a UNH sophomore and a volunteer with EnviroCitizen said the organization will also help students on campus to learn their rights and what they need to register to vote. She gathered with representatives from several other organizations Wednesday at UNH to speak about the issue.

"We're stressing the importance of voting where they go to school," she said. "This is where we live and work."

Still, Ebel said her organization will be watching the polls closely.

"What I'm going to be looking for is if a student doesn't register to vote because they are intimidated by that affidavit," she said. "Or the student who signed the affidavit and then someone goes after her because she didn't get a New Hampshire license. If it becomes clear that New Hampshire is making it difficult to vote for a certain population, I think the (Republican and Democratic) parties will look very closely at whether New Hampshire should keep its first-in-the-nation primary status."

Democrat Staff Writer Damian Troise contributed to this article.