Winnipesaukee Forum - View Single Post

Skip · 05-02-2005, 04:23 PM

Wow,

We are really starting to digress on this thread, maybe its time Don locked this one down too.

That said, I have to put on my Ward Moderator hat and say that Propellor has done an excellent job of defining residency, an issue that many misunderstand (or confuse with citizenry)or try to pull an "end run" on.

Islander is correct, you can move as often as you like. But in the case given by Islander, upon "moving" to New Hampshire in April, by June Islander will have had to obtained a New Hampshire Driver's license and registered any vehicles owned by same in the State of New Hampshire.

And come September/November, as long as a New Hampshire resident and not voting in any other State, can happily go to the polling place and cast a ballot. But you must be claimiming bonified residency. If you took Islander at his word, imagine the havoc that could reign on election day. Thousands of people from neighboring States could come to New Hampshire on election day, claim "residency" for just that day, and sway entire elections. That does not happen (although some claim it may be happening in University and border towns) because residency cannot be turned off & on like a light switch.

Upon leaving New Hampshire in November, Islander can then follow the procedures in the State moved to in reference to licensing and registration, and surrender the New Hampshire license & taga as he is no longer a resident here. Upon moving back to New Hampshire the following april, again by June the old State's licenses & registrations must be surrendered, and New New Hampshire credentials secured.

Wow, pretty expensive and time consuming!

Of course other factors that come in to play is where, each year, Islander lists home address for Federal and State tax purposes.

As far as the motor Vehicle code goes, no...you cannot come to New Hampshire for 59 days, then claim you went back to your home state and start the clock ticking all over again. If Islander is living here for the better part of 8 months each year displaying out of state tags, with convenient breaks to avoid registration, that's called visiting!

You can stay at the Lake the amount of time indicated by Islander, and still have your residency in another State. Many people do. Or you can claim you really have moved to New Hampshire and secure all the necessary licenses. But New Hampshire is not a dual residency State. You may get away with it for years, or forever. But then again, you may not. The further inland you live, the less likely enforcement seems to be. Here along the Maine border, it is fairly common to see people getting caugght doing what Islander professes as legal....good thing the local judges don't agree!

Finally, if I was a law enforcement official in the mythical town we are talking about, and I saw an individual with out of State tags for 8 months out of the year registering and voting as a New Hampshire resident, I would pull the voting list as evidence. I would also obtain a certified copy of the individuals's motor vehicle license & registration data from the State being displayed and then summons the indivdual for failing to register. I would in turn present the evidence of my investigation to the Attorney General's Office for review in reference to possible fraudulent voting. Very seldom would I have airtight evidence like that!

Anyway, kudos Propellor!

Skip

05-02-2005, 04:23 PM	#4
Skip Senior Member Join Date: Apr 2004 Location: Dover, NH Posts: 1,615 Thanks: 256 Thanked 514 Times in 182 Posts	Have to agree with Propellor... Wow, We are really starting to digress on this thread, maybe its time Don locked this one down too. That said, I have to put on my Ward Moderator hat and say that Propellor has done an excellent job of defining residency, an issue that many misunderstand (or confuse with citizenry)or try to pull an "end run" on. Islander is correct, you can move as often as you like. But in the case given by Islander, upon "moving" to New Hampshire in April, by June Islander will have had to obtained a New Hampshire Driver's license and registered any vehicles owned by same in the State of New Hampshire. And come September/November, as long as a New Hampshire resident and not voting in any other State, can happily go to the polling place and cast a ballot. But you must be claimiming bonified residency. If you took Islander at his word, imagine the havoc that could reign on election day. Thousands of people from neighboring States could come to New Hampshire on election day, claim "residency" for just that day, and sway entire elections. That does not happen (although some claim it may be happening in University and border towns) because residency cannot be turned off & on like a light switch. Upon leaving New Hampshire in November, Islander can then follow the procedures in the State moved to in reference to licensing and registration, and surrender the New Hampshire license & taga as he is no longer a resident here. Upon moving back to New Hampshire the following april, again by June the old State's licenses & registrations must be surrendered, and New New Hampshire credentials secured. Wow, pretty expensive and time consuming! Of course other factors that come in to play is where, each year, Islander lists home address for Federal and State tax purposes. As far as the motor Vehicle code goes, no...you cannot come to New Hampshire for 59 days, then claim you went back to your home state and start the clock ticking all over again. If Islander is living here for the better part of 8 months each year displaying out of state tags, with convenient breaks to avoid registration, that's called visiting! You can stay at the Lake the amount of time indicated by Islander, and still have your residency in another State. Many people do. Or you can claim you really have moved to New Hampshire and secure all the necessary licenses. But New Hampshire is not a dual residency State. You may get away with it for years, or forever. But then again, you may not. The further inland you live, the less likely enforcement seems to be. Here along the Maine border, it is fairly common to see people getting caugght doing what Islander professes as legal....good thing the local judges don't agree! Finally, if I was a law enforcement official in the mythical town we are talking about, and I saw an individual with out of State tags for 8 months out of the year registering and voting as a New Hampshire resident, I would pull the voting list as evidence. I would also obtain a certified copy of the individuals's motor vehicle license & registration data from the State being displayed and then summons the indivdual for failing to register. I would in turn present the evidence of my investigation to the Attorney General's Office for review in reference to possible fraudulent voting. Very seldom would I have airtight evidence like that! Anyway, kudos Propellor! Skip Last edited by Skip; 05-02-2005 at 05:08 PM.