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A voting guide for college students Print E-mail
Written by Mellisa Maxwell - Special to the Argonaut   
Thursday, 30 October 2008

A third year law student at the University of Idaho College of Law, Mellisa Maxwell, said she has noticed a lot of change in legislative bodies when it comes to voting
“There’s been a lot of information from the secretary of states office regarding voting rights and college kids,” Maxwell said.
She works in the law schools clinic and said she noticed an increase in questions about voting.
“A lot of my friends were asking questions,” Maxwell said. “They were looking in on it, but they were not clear, and they were being discouraged from voting.”
In response to the misconceptions she observed, Maxwell wrote the following to clarify for students some of the legal aspects of voting rights.


According to Idaho Secretary of State Ben Ysursa, “We need and want all students to vote at their legal domicile.”  This being said, it is important to point out that there is a difference between “domicile” and “residence”.
Unfortunately, I do not think Ysursa is entirely correct telling college students, “that (they) must establish, as with all other voter registration applicants, that the locale within which they seek to register and vote is their domicile.” “Domicile” is used by the state board of education in deciding residency requirements for higher educational institutions (Idaho code § 33-3717B.) But, voting in Idaho hinges on where you reside.  It sounds like it is just semantics, but it is an important distinction.
Under I.C. §34-402, every male or female citizen of the United States who is 18 years old and has resided in this state and in the county for 30 days where he or she offers to vote prior to the day of election, if registered within the time period provided by law, is qualified
to vote.


This is important for college students attending college outside of the state and who want to still vote in the Idaho election. It also means residence is not gained simply by attending a college within the state.  However, this does not mean you have not gained residency for voting purpose while being a student.  Basically, you must look at the definition of residency as the legislature has defined it.
“Residence,” for voting purposes, shall be the primary home or place a person is living. A principal or primary home is defined by an intention to return, regardless of the absences duration, whenever absent.
In other words, when you say to your friend at the Club, “hey, I am going home”, does she think you are heading to Boise or back to your apartment?
In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be considered: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse and children … and motor vehicle registration.” 


Note this says circumstances that may be taken into account.  The important part of the statute is under part (4):
“A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that broughthim there.”
So if you arrived in Moscow with the intention of being here temporarily and leaving when you accomplish the purpose that brought you here, you should probably vote elsewhere. However, it is not clear exactly what temporary is. I would think that planning on being here four years is not very temporary.  Thus, while you might not plan on sticking in Moscow for the rest of your life, I don’t think it is required.  All we really know is that temporarily is longer than 30 days. I tend to believe unless you have taken substantial steps to get the heck out of Moscow in the near future, you are probably not here temporarily. So think hard about your intentions, as Ysursa stated, “(r)egistering to vote is a serious matter which should only be done after
proper reflection.”


Assuming you have properly reflected and determined you are a resident for voting purposes — the next step is how to register.  You can register at the polls on Election Day.  The question is always what do you need to take in order to do so.  If you have a utility bill with your address, take that. If you live on campus—you won’t be able to.  The statute again is pretty helpful.

Election Day Registration

An individual who is eligible to vote may register on election day by appearing in person at the polling place for the precinct where the individual maintains residence, by completing a registration card, making an oath in the form prescribed by the secretary of state and providing proof of residence. An individual may prove residence for purposes of registering by:
1 Showing a driver’s license or Idaho identification card issued through the department of transportation; or
2 Showing any document which contains a valid address in the precinct together with a picture identification card; or
3 Showing a current valid student identification card from a post-secondary educational institution in Idaho accompanied with a current student fee statement that contains the student’s valid address in the precinct together with a picture identification card.
According to this, you only need to show an Idaho driver’s license, or any document with a address in the precinct and photo ID or, student ID with a fee statement with the address on the precinct and another photo ID.  So if your fee statement is mailed to your parents’ address, it is not going to do you any good. 
Log into Vandal web, print a fee statement if it shows your current address, bring your out-of-state driver’s license and Vandal card, or find anything that shows your address and bring it with your out-of-state drivers license.  I would recommend if your driver’s license shows a different address (it probably does) and you want to register at the polls, find something with the current address to show the worker. 
If you feel you may have a tough time, print the statute out take it with the required documents.  All the election statutes referenced can be found at www3.state.id.us/idstat/TOC/34FTOC.html.


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