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Federal Judge Rules for Students in Lawsuit Stemming From Rejected Voter Applications

July 22, 2011, 12:34 pm

Project Vote, a group that helps and serves underrepresented voters, won a lawsuit Wednesday that will require Virginia to open voters’ registration applications to public inspection. The decision, by Judge Rebecca Beach Smith of the U.S. District Court in Norfolk, Va., will allow Project Vote to investigate “what it believed was an unusually high number of application rejections” among Norfolk State University students in 2008, The Virginia-Pilot reported. Project Vote’s suspicion—that many students were not successfully registered because they listed the college’s main address as their place of residence—led it to sue the head of Norfolk’s Office of Elections and the state Board of Elections. “The state Attorney General’s Office said Thursday it will ask the judge to stay the ruling while it prepares an appeal,” the newspaper reported.

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  • wilkenslibrary

    This is a very encouraging ruling.  When students turn 18, they have earned the right to vote, a right that they should not lose if they leave home to go to college. 

    Betsy Smith/Adjunct Professor of ESL/Cape Cod Community College

  • wmartin46

    > When students turn 18, they have earned the right to vote
    Maybe in national elections, but students who move onto a campus that is located within a city’s municipal boundaries should not be allowed to vote on local issues, like property taxes, parcel taxes, or local government agencies–like City Councils and School Board Trustees.

  • akprof

    Why not if they meet residency requirements.An awful lot of people who move to a community to attend college remain in that community when they are no longer attending college.

  • daniel_von_flanagan

    In your view should people who rent (instead of own) be permitted to vote on property or parcel taxes?

  • wmartin46

    No, I don’t believe that people who rent should be able to vote on parcel taxes, or broad-based property taxes.  Here in California, the voters passed Prop.218 some
    years ago, that removed voting for certain kinds of property-based taxes from
    the general voter pool, to the property owners:

    California Prop.218:
    http://www.lao.ca.gov/1996/120196_prop_218/understanding_prop218_1296.html

    About half of the people living in California are renters, and possibly 15%-20%
    are illegal aliens.  So, what motivation is there for such people to vote “No” on property-based taxes when they are not property owners?  The other side of this
    equation is that most renters don’t seem to be very interested in these issues,
    but most campaign consultants try to use the fact that they can vote “Yes”, and
    not have to pay for any tax increases (at least in terms of direct billing to encourage renters to vote “Yes” on these taxes.

    Some years ago, the voters of San Francisco (about 75% renters) voted some
    property-based taxes into existence.  The property owners increased the rents, to accommodate the new tax liabilities.  The voter/renters were outraged, and subsequently passed an ordinance banning any “pass thru” of new taxes to renters. (This has been a while ago, so don’t know if this law was appealed, or is still in place.)  However, giving renters the power to vote taxes, and to exempt themselves, is a recipe for financial disaster for rental property owners, and eventually there are negative impacts on municipal finance—just as rent control eventually reduces property values, and property-tax related income for City governments.

    Unfortunately, Prop.218 doesn’t go nearly far enough in its empowering of property owners to vote on the taxes that they must pay—but the voters also passed Prop.13 in 1978, which requires 2/3rds voter approval on most property tax elections, so it’s pretty hard to pass frivolous tax measure in California.

  • wmartin46

    The key issue here is the definition of “residency”.  This is not defined at the Federal level, and probably is not all that well defined at most local levels.  This issue pops up now and again when dealing with “homeless people” (persons of no fixed abode).  Are they “residents” of a town because they sleep under a bridge in that town, or are they “transients”, likely to be somewhere else tomorrow? 

    And should these folks be allowed to vote in broad-based property tax elections because they happen to be in a town having an election today?  Certainly people who pay thousands of dollars a year in property taxes probably are not too thrilled to have these folks showing up—claiming to be “residents” and wanting to join in
    the election.

    As to students who happen to be living on a campus that happens to be within the municipal boundaries of a town—so what?  Students don’t own property (on the campus), they don’t live on campus all the live-long-year, they don’t pay property taxes, they are not subject to jury duty (because they are students), they are
    generally poorly educated in most matters having to do with government, and therefore are not likely to have any understanding of local issues.

    To make matters worse, most students have no idea what American government is all about:

    American Students Fail History and Government Tests:
    http://www.scribd.com/doc/33607463

    There are other issues that involve “town and gown” relationships that suggest that students (who might well be declared as “dependents” by their parents for IRS purposes, and insurance purposes) should vote absentee ballot in their own home towns until they actually leave school.. and they happen to stay in the town where the school is, actually declare that as their primary residence, by renting, or buying property.

    The idea that students could create “voting blocks” and become a disruptive force in a town’s politics, is probably a sufficient reason to insure that students can not declare their dorm room as a “primary residence”.  It would not be hard for municipalities to begin to “protect themselves” by passing various taxes, or restrictive behavior ordinances, against schools where this situation developed.. and  that tend to poison the relationship between the school and the town.

    So .. best to let the students study, and the town go about its business—without having to deal with any possible undesirable influence from  the young people who stand only a 50% chance of graduating.

    If you’re arguing that students who live off-campus are more-or-less residents, then I don’t have any arguments—other than I believe that the voting age should be moved to 25 years of age.  It was a terrible mistake to move it to 18, and little good has come of the decision to do so.

  • midadmin

    Follow this argument to it’s logical conclusion and you’ll find, ultimately, that only property owners should be allowed to vote.  Indeed, that may have been the case in some states at the time of the formation of the union.  And what about the women’s vote?  Since women were basically considered property until very recently they didn’t have the right to vote.  Students have the right to vote, correctly, because the laws that govern their behavior and the taxes they are required to pay affect them, where they live at any given time, even in a college dormatory.

  • profadavis

    The rejected applications are yet another instance of the most coordinated and determined effort to create legal barriers to voting, and for politically strategic purposes, that we have seen since the Civil Rights movement. And it gets carried forward with the support of reasonable-sounding propositions — “renters should not vote on property taxes.” In THIS college town, when property taxes go up on landlords, rents go up for renters. OF COURSE renters pay property taxes.

  • katisumas

    Some elected representatives clearly would also fail History and Government test as clearly evidenced by some of their pronoucements:  “The Founding Fathers abolished slavery”, “slave families in the US were more stable than black families today” “Paul Revere warned the English” ” “Why is there a North and a South Korea?” etc etc etc The list is endless.

    As for historical knowledge, have you forgotten that the right to vote at 18 came about because of the draft? Even though we don’t draft people at this time, 18 years old are still required to register just in case they’ll be needed.  The argument is that if you’re old enough to die for your country you’re old enough to vote. Perhaps you need a refresher course in history before you head for the polls?

    However, the meaning of your argument comes from the context in which it is made.  The right to vote is under attack by a thousand cuts aimed at making voting difficult or even impossible for minorities and younger people (also nuns, but that’s another story!).  These include not only the requirement of a driver license but as well the closing of polls on weekends and after working hours as well as intimidating comments and signs at the polls (“are you sure you have the proper documents to vote?  If not, you’ll be arrested on the spot). 

    These new barriers to voting have ALL been imposed in several states by a newly elected governor and Republican legislature (most under threat of recall by even long standing Republican voters –much older than 25—  as they ran under the pretence of getting more jobs in their state.  That is their context of meaning:  they are attempts to keep people from voting Democrat (which ironically seems to make more people willing to not vote Republican).

    Is this what you mean?  You’re afraid that young people might vote “the wrong way”? And what on earth gives you the idea that once they reach 25, they’ll vote YOUR way?  If not, you’ll demand that they wait till they’re 80?  I’m 69, so I guess you think I’m too young to vote?

    The other alternative explanation to your post is that you’re not aware of the political motivations of the move to restrict voting?  If that is the case, you really need to take a course on current affairs.

  • katisumas

    I don’t know about the San Francisco issue but I somehow doubt it.  Everywhere renters do pay property taxes.  It’s part of their rent.  A landlord takes that into account when setting up rents and often includes a cushion for estimated future propety tax increases.  When property taxes go up, so do rents.  I suspect you’re neither a landlord nor are or have ever been a renter, otherwise you’d be acutely aware of this.

  • bigjoe

    Most people have a Driver’s license or State ID.  Mine has an address.  You nvote where the ID says that you live.  If the ID says the Dorm, you vote local.  If it still says Mom’s address, you vote at home.  There are more important issues.  PS: You could not vote in most states at 18 when they were going to Viet Nam.  Let’s let them drink at 18 if they are so responsible.

  • wmartin46

    > Paul Revere warned the British ..

    The following snippet from an (unfortunately) archived article in the Boston
    Herald supports Sarah Palin’s version of events–

    http://bostonherald.com/news/us_politics/view.bg?articleid=1343353

    A Boston University history professor told the Herald that Revere did indeed warn the British as well as the Americans earlier in his ride:

    Boston University history professor Brendan McConville said,

    “Basically when Paul Revere was stopped by the British, he did say to them,
    ‘Look, there is a mobilization going on that you’ll be confronting,’ and the
    British are aware as they’re marching down the countryside, they hear church
    bells ringing — she was right about that — and warning shots being fired.
    That’s accurate.”

    Maybe she could have not bothered to share this bit of obscure Paul Revere trivia, as it’s clear few people in the US knew what Revere said, once he was captured.  (I don’t remember that it was reported that he was captured in my public history course, but it seems he was.)

    > Founding Fathers abolished slavery ..

    While there was a lot of discussion by the FFs about ending slavery in the new country they were creating, it turns out that they outlawed the Slave Trade, not slavery itself.  Most public history courses don’t deal with these sorts of details very well (until the graduate level).

    > “slave families in the US were more stable than black families today”

    Given the high level of welfare dependence, and the high level of out-of-wedlock births (as high as 65% in recent years), it would be interesting to see a really good, neutral study on this topic.

    > “Why is there a North and a South Korea”?

    Not certain what (or whom) you are making reference too, but having served as a company commander in the US Army in South Korea, I believe that it would be fair to say that the courage of the US people, as evidenced by their elected officials decided to commit the lives of about 37,000 young men, and billions of dollars, to fight the Communist North Korean government’s attempt to overthrow the South Korean government—with the goal of unifying the whole country under the murderous oligarchy of the Communist Party.  Notice—a failure of resolve on the part of the US government (and people) ended up with there not being a North Vietnam, and a South Vietnam–just a single country unified under a Communist dictatorship.

    (Or were making reference to the original partition after WWII?)

    Not exactly sure what your point is .. but it might be a good time to suggest that perhaps a “literacy test” might be a good idea for elected officials.  As to my point, how many 18 year olds could answer these questions?  Personally, I doubt that few could—so, how many would be able to make good decisions about whether the US should go to war to defend South Korea, Japan, or Taiwan, against a possible military incursion by the PLA (People’s Liberation Army).

    > As for historical knowledge, have you forgotten that the right to
    > vote at 18 came about because of the draft

    No .. as I was drafted in 1969. I spent the next three years proudly serving my country.

    However, the reason for the shift to 18 year old voting was far more complicated than “the draft”.  The Democrats, opposed to stopping communism in South East Asia by that time, believed that they could increase the number of democratic votes to somehow “end the war” by electing more democrats with the goal of doing “whatever” to bring the conflict to an end.

    By the way, the shallowness of your answer suggests that you are unaware that about 2/3rds of the inductees of the Army have been drafted in every major war that the US has fought?  As a draftee, I found that the “student movement” in the late 1960s, early 1970s, was very misguided, and that few of their claims made about “the Military” turned out to be more false than not. I
    came to believe, over time, that the social structure of the Military is far “fairer”
    than that in civilian society.

    As I posted earlier—this shift to 18 has never provided the democratic process much in terms of the promises made by those promoting this change.  I still stand by my belief that 25 is time to allow people to vote.

    > I’m 69, so I guess you think I’m too young to vote?

    No .. I said 25 years was my desired age.  However, at 69, you should have better reading skills than you are demonstrating.

    >  the meaning of your argument comes from the context in
    > which it is made.  The right to vote is under attack by a thousand cuts

    Frankly, you lost me with your  “conspiratorial” claims about this, that, and
    the other.  There is some concern about voting fraud, which you don’t mention in your ramblings. Certainly people who believe in the longevity of our current Republic would be concerned about setting the barriers to illegal voting as high as possible. Suggestions that this is an attack on “voting rights” doesn’t make much sense, unless you believe than anyone, and everyone, should vote (early and often).  I certainly believe that picture IDs are a necessity.

    Oh, by the way, there are slow movements towards voting by permanent absentee ballots here in California, and we are slowly getting around to talking about on-line voting.  It’s difficult to fathom people claiming that
    shifting to, say, a two-four week voting “window”, where people can vote on-line, is an attach on their voting rights.  But certainly the attacks on voting machines proves that there a “loonies” everywhere.

    Some years back, there was talk in the California Legislature about shifting the voting age down to 14.  That “movement” didn’t really go very far, but it certainly was frightening that there were people within the Legislature that would even suggest such stupidity.

    Voting is important—that’s why we have worked hard over the
    years to increase the scope of those afforded the “right”.  Unfortunately, there has not been much in the way of “obligations” added to the equation, so that “mobocracy” doesn’t become the norm.