Category Archives: residency

“Mayor, two other former local officials indicted in south Georgia for election interference in municipal races last year”

On the same day as the 2024 general election (which was run by the county), municipal elections were scheduled in Camilla, Georgia.  There was a firestorm with notable racial overtones about the eligibility of a former city councilmember, who had resigned after a court found that he was not a resident of the city and could not be on the 2024 ballot.  (Appellate decision here; more coverage here.)  The elections supervisor apparently refused to remove the former councilmember from the ballot; both she and her deputy resigned the night before the election.   

Apparently under the advice of the city attorney and guidance from the Secretary of State’s Office, the city council voted “not to proceed with the election to avoid incurring a fine due to the absence of a certified Election Superintendent” – and the mayor allegedly instructed the city’s police chief to post officers outside polling places for the municipal election preventing people from entering.

And now the elections supervisor, her deputy, and the mayor have been indicted by a county grand jury for interfering with an election.

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“N.H. Supreme Court Says SB3 Can Stay In Place, Reversing Lower Court Order”

NHPR:

In a hearing on Thursday, Brown shot down that request and attempted to address any lingering questions the state had about his initial order, but — in a unanimous ruling issued at 5 p.m. Friday — the New Hampshire Supreme Court took the state’s side.

The justices took no position on the merits of the underlying voter registration law at the center of the ongoing court case, but they said the state made a convincing argument that it’s too close to the election to switch out the registration rules.

The timing of Brown’s order, the justices wrote, “entered by the trial court a mere two weeks before the November 6 election, creates both a substantial risk of confusion and disruption of the orderly conduct of the election, and the prospect that similarly situated voters may be subjected to differing voter registration and voting procedures in the same election cycle.”

(h/t Doug Chapin)

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“Records contradict Bayh’s assertion over staying in Indiana”

CNN:

Evan Bayh pushed back at an interviewer last month when he was asked if he would move back to Indiana now that he is running to win back his old Senate seat.

“I’ve never left,” he told WISH-TV.
It turns out he did.
A CNN review of public records since Bayh left office in 2011 shows the Democrat repeatedly listed his two multi-million dollar homes in Washington as his main places of residence — not the $53,000 condo he owns in Indianapolis.
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“Hillsboro mayor, standup comedian Drew Hastings indicted”

Cincinnati Enquirer:

A small-city mayor who’s also a veteran standup comedian was indicted Tuesday on four felony counts including election falsification and theft in office.

The state auditor’s office announcement followed a monthslong investigation of Republican Hillsboro Mayor Drew Hastings by special prosecutors appointed by a Highland County judge. The counts also include theft and tampering with records.

Hastings said he has done nothing wrong and was “mystified” when he was served with the indictment while having lunch at a restaurant.

“I’m only guilty of trying to represent our citizens without the consent of an established political structure,” Hastings said.

Among allegations probed were improper personal use of Hillsboro city trash bins, a $500 vacant building fee refund he received and election falsification concerning his residency in the city of 6,600 residents, where he has a downtown apartment. He has called the investigation a politically motivated “witch hunt” and a waste of taxpayers’ money.

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“Court upholds former California senator’s voter fraud conviction”

SacBee:

A Los Angeles County appeals court on Tuesday upheld former state Sen. Rod Wright’s conviction on charges of perjury and voter fraud.

In 2014, a jury found Wright guilty of eight felonies for registering to vote at a home he owned in Inglewood, even though he actually lived several miles away in the upscale neighborhood of Baldwin Hills, just outside the district where he ran for office in 2008.

You can find the unpublished unanimous opinion of the California Court of Appeal at this link.
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“Airbnb listing spells trouble for Wisconsin Republican”

Roll Call:

Note to congressional hopefuls: If you are trying to prove residency in a district, it might not be a good idea to advertise that residence on Airbnb.

Especially if you also own a much nicer house in a district that would force you to run against a crazy popular incumbent like House Speaker Paul D. Ryan.

Case in point: Wisconsin Republican Frank Lasee is facing questions in his home state about whether he actually lives in the two-bedroom, “luxury apartment,” he was advertising for rent until recently for $210 a night on Airbnb.com, the Milwaukee Journal Sentinel reported Saturday.

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“Residency and Democracy”

Gene Mazo has posted this draft on SSRN (forthcoming, FSU L Rev).  Here is the abstract:

Geographical residency is part of democracy. Politicians are elected from geographical districts, and they represent the people of those districts in office. A United States Senator is elected to represent the people of his state. A Congressman represents the people of a particular district in that state. In turn, a citizen from a geographically bounded state votes for a Senator who will represent that state, just as a resident of a geographically bounded district votes for that district’s Congressman. No one would seriously expect or advocate the residents of a different state or district to vote for these government officials. What is less appreciated is that a new resident of the state or district who wishes to vote for his preferred candidate may often not be able to do so until he first meets a durational residency requirement. This means that a citizen not only has to reside in a certain geographical district to vote for its representatives, but he must also demonstrate his legal residence there for a certain period of time.

Durational residency requirements exist for candidates as well. Just as voters have to satisfy certain durational residency requirements before they can cast a ballot in a given district, so too do politicians have to meet durational residency qualifications in most states and municipalities before they can run for office. The durational residency hurdles that political candidates face, however, often look very different from those that voters encounter. The durational residency requirements for politicians are typically much longer in length, and they have not been subject to the same kinds of constitutional challenges as those for voters, other than in rare circumstances.

As a society, we take durational residency requirements for granted. Only a few scholars have ever examined these requirements in any serious or systematic way, and when they have, most scholars have argued against them. Preventing citizens from voting because they might live in the right district but have not lived there long enough is seen as being anti-democratic, while preventing candidates who do not meet a durational residency qualification from running for office is viewed as little more than a naked attempt to prevent carpet-bagging. This, at least, is what the literature on durational residency requirements argues. Yet states and municipalities have not always viewed things this way. Instead, they have advanced many reasons for preserving durational residency requirements. When one scratches the surface, durational residency requirements turn out to be more complicated than they appear. They also have a long history in American jurisprudence, a history that dates back to the colonies.

This Article seeks to examine America’s durational residency requirements in historical and comparative terms. In doing so, it aims to make the case that these requirements are not anti-democratic and that in some circumstances they are both necessary and essential for democracy. The few scholars who have examined durational residency requirements in the past have tried to argue against them without appreciating their place in our history. This Article seeks to blend history and modern law in a way that no one has attempted to do before. The Article argues that residency requirements have their place in democratic politics. Its purpose is to explain the origins of our durational residency requirements, to chronicle their current status, and probe the contours of when they may be justified in American democracy.

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Richard Alarcon Gets New Trial in CA Residency Case

The unananimous, unpublished Court of Appeal opinion is here. The basis for the reversal (for Alarcon and his wife) was instructional error: the court held that the use of a mandatory presumption impermissibly shifted the burden of proof from the prosecution to the defendants.

The government can now appeal further, try the Alarcons again, or drop the case.

UPDATE: Here is the LA Times story.

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“Lawmakers, ACLU protest 30-day residency voting requirement in New Hampshire”

AP:

Gov. Maggie Hassan is likely to veto legislation that would require people to live in New Hampshire for 30 days before they can vote in the state.

Hassan’s office said Thursday she worries the bill will restrict people’s constitutional right to vote. The comments from her office came after a coalition of Democratic lawmakers, election workers and the American Civil Liberties Union called the bill unconstitutional….

Supporters of the bill say the measure would eliminate voter fraud, including so-called drive-by voting by people who register to vote on Election Day when they don’t live in the state. People domiciled in New Hampshire can register on the day they vote. Secretary of State Bill Gardner backs the bill and has said he believes drive-by voting is a problem.

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