Election Law Requires a Definition of “Domicile” and “Resident” and “Inhabitant”!
The NH Constitution uses these terms to recognize or establish specific rights and responsibilities.
New Hampshire Statutes RSA 21:6 and RSA 21:6 (summarized below) define these terms:
21:6 Resident; Inhabitant. – A resident or inhabitant or both of this state …. shall be a person who is domiciled or has a place of abode or both in this state …. and who has, through all of his actions, demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others.
21:6-a Residence. – Residence or residency shall mean a person’s place of abode or domicile. The place of abode or domicile is that designated by a person as his principal place of physical presence for the indefinite future to the exclusion of all others.
Click here to read the complete statutes.
NH Supreme Court decisions created different meanings for residence and domicile for voting.
Courts have struck down “for the indefinite future,” as too broad a standard for a voting requirement.
As a result, a person who is not a New Hampshire resident can vote and hold public office in our State.
The Legislature is weighing HB 372 and HB 1264. Both focus on closing current loop holes in the law.
HB1264 standardizes definitions of “resident,” “inhabitant,” “residence,” and “residency” in state law.
It eliminates “for the indefinite future,” enabling a residency requirement able to withstand court challenges.
HB 372 provides that residence, domicile, and inhabitant shall mean the same for all purposes in statute.
Also, that a person must be a resident of New Hampshire to vote or hold office in New Hampshire.
HB 372 passed the House, was amended by the Senate to include a preamble, and passed in January.
The preamble is to inform interpretation of the Legislature’s intent in defining residency.
HB 372 also eliminates the four words “for the indefinite future.”
The content of the two bills is likely to be merged for final action before the session ends in May.
Click here to read HB1264 and HB372.
“Opponents of reform overwhelmed a Senate Committee hearing on April 10th.” said GST Chairman Chadwick “If you want New Hampshire voters to live in New Hampshire, support these bills.”