On Thursday, April 18, 2013 the Pasquotank Board of Elections convened a hearing to address the 60 voter challenges to voters using 1704 Weeksville Road (Elizabeth City State University) as their voting address. Richard “Pete” Gilbert, Pasquotank GOP Chairman and a resident of the 4th ward brought the challenges after successfully challenging four voters on election day.
One of the main points that Mr. Gilbert made during the proceedings is the North Carolina laws regarding residency of college students. Case law in North Carolina provides the legal presumption that college students are NOT domiciled in the college town to which they go. It is a rebut-able presumption that can be overcome with the greater weight of the evidence. (from NC State Board of Election’s General Counsel, Don Wright, in his paper Residency for Election Purposes.) Case law also provides that the person alleging the change in domicile (the student) bears the burden of proof in providing evidence of the change. Proof could be a North Carolina driver’ license or form of ID or bill that bears the name of the voter and their new address. But students do not change their address. They go home on weekends and Christmas because they have not abandoned their previous domicile.
CONTINUED: http://www.ncvotersforvoterid.com/index.html
No comments:
Post a Comment