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Legislation allows out-of-state students N.H. primary vote without loss of home residency

By Joe Astrouski, Staff Reporter

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Published: Wednesday, December 5, 2007

Updated: Saturday, April 11, 2009

Registering to vote in New Hampshire will be easier for out-of-state college students this election cycle, thanks to a recent change in state voter eligibility laws.

While students from other states have always been able to register as New Hampshire residents, new language in the state voting law allows them to register under their college addresses without losing residency status in their home states.

Although their residence may be in another state, they can declare their college address as their official domicile, the place where they currently live.

"A person's claim of domicile for voting purposes shall not be conclusive of the person's residence for any other legal purpose," reads the new addition to state law RSA 654:1, which outlines state voter eligibility.

This means that, for out-of-state students, registering as a New Hampshire voter would not affect scholarships, insurance or other residence-related personal concerns.

"A domicile for voting doesn't affect residency for other purposes," said Deputy Secretary of State Dave Scamlan.

"I'm not totally clear on what that means, though. You really have to look at individual circumstances for things like insurance. It doesn't hurt to double check."

Scamlan particularly recommends students check with their insurance company before declaring a New Hampshire domicile.

Scamlan also reiterated that while students can keep their home state residency, they can only vote in one state's primary.

"You can't have it both ways," said Scamlan. "You have to register in only one state."

Beth Zinn, assistant director of Keene State College's Upward Bound program, says she first heard about the changes in voter law from a door-to-door volunteer from the Barack Obama campaign.

"This is good news," said Zinn, "and a great step in getting the vote out for the primary."

For many students, whether in-state or out-of-state, registering typically means a trip to the Keene City Clerk's office in city hall, according to Deputy City Clerk Bill Dow.

"We require proof of age," said Dow. "You have to be 18 years of age or older. You have to be able to prove your domicile. For Keene State College students, they have to bring something with their address on it. We also get a list from Keene State, so for on-campus students we can find their address."

Dow says students can still register, even without documents to prove their address, by signing a legal affidavit at the clerk's office stating their address.

But for out-of-state students, registering to vote is only the first step.

Those who will not or cannot come back to Keene for the January 8 primary can to apply for an absentee ballot, something Dow says they can do immediately after registering.

Aside from walking to City Hall, students can also register at one of several upcoming registration drives on campus, some sponsored by the city clerk's office and others by the college's student government.

"They need to get there (the clerk's office) ten days before the election," said Dow. "Definitely, they'll need to be registered by December 29 to vote absentee. They (students) want to make sure they give a correct mailing location of where they're going to be over break, preferably their home address. We need to receive their ballot by the day before the election."

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