OOS students in Wisconsin universities may have trouble voting

<p>My son is at college in FL, and has registered to vote there. He knows all about registration laws there since he is active in the current mid-year election campaigns and in voter turnout efforts. He has investigated laws regarding driver’s license and auto registration laws there, because he has a car with him (it is registered, and he is licensed, in NJ). He is at a public college, and is considered an out-of-state student. Given the rancorous nature of Florida’s political climate, I’m sure that they would have pulled every trick to keep an 18-year-old Northerner from registering (although he is a white male). He is meticulous when it comes to checking details. He did not need to change his license and registration, although he might eventually do so if there are insurance advantages. My elder son had no difficulty in registering in PA soon after starting college. I kept a Massachusetts license while living in NYC until I was almost 30. </p>

<p>Most states have an exception regarding car and DL when you are a student at a school in that state. And motor vehicle laws often have nothing to do with being able to vote as many dont even drive or have a DL anywhere…</p>

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<p>If your son wants to vote in Florida, he must be a resident of Florida:</p>

<p><a href=“http://election.dos.state.fl.us/voter-registration/voter-reg.shtml”>http://election.dos.state.fl.us/voter-registration/voter-reg.shtml&lt;/a&gt;&lt;/p&gt;

<p>Who Can Register to Vote
In order to register to vote in Florida, you must:
Be a Citizen of the United States of America (a lawful permanent resident is not a U.S. citizen);
Be a Florida resident;
Be 18 years old (you may pre-register to vote if you are 16 years old, but you cannot vote until you are 18 years old).
Not now be adjudicated mentally incapacitated with respect to voting in Florida or any other state without having the right to vote restored;
Not have been convicted of a felony without your civil rights having been restored; and
Provide your current and valid Florida driver’s license number or Florida identification card number. If you do not have a Florida driver’s license number or a Florida identification card number then you must provide the last four digits of your Social Security Number. If you do not have any of these items, you must write “none” in the box or field.
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<p>If your son becomes a resident of Florida, he must give up his New Jersey driver’s license and get a Florida driver’s license, and change the registration of his car that is in Florida from New Jersey to Florida:</p>

<p><a href=“http://www.dmvflorida.org/moving-to-florida.shtml”>http://www.dmvflorida.org/moving-to-florida.shtml&lt;/a&gt;&lt;/p&gt;

<p>*Register Your Out of State Car
You have just 10 days to register your out of state car in Florida.</p>

<p>You Have 30 Days
Florida law requires that you get a Florida drivers license within 30 days of becoming a resident of Florida. You are a resident if you do one of the following:</p>

<p>Enroll your children in a Florida public school
Accept employment
Register to Vote
File for a homestead exemption
Reside in Florida for more than six consecutive months*</p>

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<p>See post #76 for the Pennsylvania requirements; they are almost identical.</p>

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<p>So what? Just because a state law was violated with impunity doesn’t mean the law doesn’t exist.</p>

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<p>There are exceptions for out-of-state students who have not declared legal residency in the state in which they are attending school. Are you claiming that at least 26 states have exceptions that allow legal residents who are students in the state to retain driver’s licenses from other states, and keep cars that are registered in other states with them at school? Please provide a link that references this kind of exception for one such state.</p>

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<p>Already established, my friend. There is no disagreement on this point.</p>

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<p>Dunno about “most”, but according to AAA, Maine does allow non-residents to have a car instate without re-registering. But note, that is for non-residents. Residents – which is a requirement to vote? – must register their cars in 30 days.</p>

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<p>New York has similar rules again, according to AAA.</p>

<p>Wisconsin requires “new residents” to register their car within “2 days”, but non-residents do not have to re-register their car.</p>

<p>Viriginia allows a non-resident to have a car instate up to 6 months for “pleasure.” Dunno if a college student would be classified under ‘pleasure’, but in any event, most college years are longer than 6 months.</p>

<p>Of course, California don’t care: we want your money. Vacationers are encouraged, but if “the vehicle” stays for the school year, it needs to be re-registered. </p>

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<p>edited to add AAA link (hope its ok with the TOS):</p>

<p><a href=“http://drivinglaws.aaa.com/laws/registration-for-non-residents/”>http://drivinglaws.aaa.com/laws/registration-for-non-residents/&lt;/a&gt;&lt;/p&gt;

<p>Yes, I looked at the Maine statute, and it is clear that anyone claiming to be a resident (necessary to vote) must register their car within 30 days of establishing residency. There are no exceptions indicated for students or anyone else.</p>

<p>And no, my son didn’t get a ticket for not having a Maine driver’s license, but he did have to surrender his Texas license, and he couldn’t drive by himself until he got his Maine license (which involved a road test because of his illness). He did get a “learner’s permit” so that he could practice.</p>

<p>Yeah, and some of us (like me) were talking about college students WITHOUT CARS. The idea of telling them to hike to the DMV to change their driver’s license when they are not driving is, frankly, ludicrous. </p>

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<p>So how is that college student WITHOUT A CAR going to get to the voter registration location?</p>

<p>You know, sometimes life is about compromises. If you really feel that it’s important enough to become a resident of the state that you’re going to school in so that you can vote there, than maybe, just maybe, you can make that hike to the DMV to get the proper driver’s license. Oh, the horror!</p>

<p>And really, you have to go somewhere anyway for the voter registration process, right? Guess what? With motor voter laws, you can kill both birds with one stone at the DMV!</p>

<p>My non-driver kid went to the DMV to get an ID card.</p>

<p>you can register to vote by mail or internet.</p>

<p>"So how is that college student WITHOUT A CAR going to get to the voter registration location?’</p>

<p>On campus. They usually have tables set up during orientation where kids can register to vote. </p>

<p>“but he did have to surrender his Texas license, and he couldn’t drive by himself until he got his Maine license (which involved a road test because of his illness). He did get a “learner’s permit” so that he could practice.”</p>

<p>That is different. Your family moved from Texas and set up a permanent domicile in Maine. Your son would qualify for in state tuition in Maine, also. </p>

<p>Since there are thousands and thousands of OOS student with OOS DL & cars driving in the state where they go to school and where they are registered to vote and not a one has been prosecuted (and I am 100% sure authorities in all these states know they are not) it is not something they care one wit about as they know these students are not permanent residents of their states while enrolled in college. </p>

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<p>If the student has registered to vote, they are a legal resident. Not sure what you mean by “permanent resident.”</p>

<p>“An emancipated U.S. citizen or permanent resident whose domicile has been in the State of New York for a period of at least one year immediately preceding the time of registration for any period of attendance shall be considered a New York State resident for the purpose of determining the tuition rate payable for such period. Generally, an unemancipated student’s state of residency is considered the same as that of his or her custodial parent(s) or legal guardian(s). All other persons shall be presumed to be out-of-state residents for such purpose, unless domiciliary status is demonstrated in accordance with guidelines adopted by the University and in 8 NYCRR §302 (Tuition and Fees). Certain non-residents and holders of non-immigrant visas may qualify for in-state tuition, as discussed in section V below.”</p>

<p><a href=“http://www.suny.edu/sunypp/documents.cfm?doc_id=402”>http://www.suny.edu/sunypp/documents.cfm?doc_id=402&lt;/a&gt;&lt;/p&gt;

<p>The State of NY and every other state does not consider OOS students to be permanent residents of their states and that their state of residency is that of their parents. You have said, over and over, that one can only be a resident of one state - but OOS students can register and vote where they go to school but the State still considers them to be hold residency where their parents live. And since SCOTUS held that students can vote where they go to school they can indeed be considered residents for the sole purpose of voting. </p>

<p>^^^
Yeah, that’s the rule for getting in-state tuition in New York. “Permanent resident” is a term New York uses for tuition purposes. As previously explained, this is not the same thing as legal residency.</p>

<p>^ Every state makes that distinction for being considered a permanent resident for students. You have stated numerous times that one can only be a resident of one state at a time. Students are not considered permanent residents where they go to school and hold the residency where their parents live yet having the legal right to register and vote where they go to school. </p>

<p>When someone gets arrested, charged, prosecuted and convicted for being a registered voter in a state while holding an OOS drivers license/car registration let me know. Until then I hold my opinion in this matter - no matter how much you disagree. </p>

<p>It doesn’t matter if your son hasn’t been arrested, charged, prosecuted and convicted for the sake of our discussion. I’ve shown you conclusively that he’s not complying with the law, while you have insisted that he is. If your attitude now is, “well, it’s no big deal because he hasn’t been caught,” that’s your business. My only point was that he’s in violation of the law.</p>

<p>I’m not going to argue with you anymore. The states make a distinction for determining residency for students. They have determine that OOS are not considered permanent residents for the purpose of tuition, but obviously they are considered residents for the purpose of voting, since they have the right to vote where they go to school regardless of where their permanent residence is - because SCOTUS ruled that students can vote where they go to school. </p>

<p>Unless and until a court rules otherwise I am sticking with my opinion and I couldn’t care less what your opinion is. </p>

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<p>This is not correct. Declaring legal residence in a new state by registering to vote there means that the student now deems the new state to be his/her intended domicile for the foreseeable future without an immediate intent to return to the previous domicile. “Permanent resident” status, as you put it, is given up in the previous state.</p>

<p>Besides, the Maine law that I have shown you more than once already is quite clear on this. Registering to vote in Maine makes you a legal resident of Maine, with all of the rights and responsibilities of any other legal Maine resident. There is no special exception for students, as you have claimed, that allows them to be residents of Maine “only for voting purposes” while maintaining “permanent resident” status back in their home state. If there was such an exception, you can bet it would be clearly spelled out in the law. So why don’t you find it and prove your point?</p>

<p>Consequences of Declaring Your Voting Residence (by Registering to Vote) in Maine</p>

<p>You should be aware that if you register to vote in Maine, you will be deemed to have declared residency in Maine, which may have consequences for compliance with other Maine laws, including the motor vehicle laws and tax laws. If you drive a car in Maine, you are required to obtain a Maine driver’s license within thirty days of establishing residency here. Driving without a Maine license more than ninety days after you have established residency in the state is a crime under Maine law. If you are a resident of Maine and own a vehicle here, state law also requires you to register that vehicle in Maine within thirty days of establishing residency. By declaring Maine as your voting residence, you may be treated as a resident of Maine for income tax purposes and be subject to Maine income tax.</p>

<p><a href=“http://www.maine.gov/sos/cec/elec/resident.htm”>http://www.maine.gov/sos/cec/elec/resident.htm&lt;/a&gt;&lt;/p&gt;

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<p>Here you are again confusing legal residency with residency requirements for tuition. They are not the same thing. Someone can be a legal resident of a state and yet not qualify for in-state tuition. Your son is an example of this. (I presume that he is paying out-of-state tuition if he is at a Maine public college.) When your son registered to vote in Maine, he became a legal resident of Maine, but that didn’t necessarily make him eligible for in state tuition, because that’s a different set of rules.</p>

<p>“This is not correct. Declaring legal residence in a new state by registering to vote there means that the student now deems the new state to be his/her intended domicile for the foreseeable future without an immediate intent to return to the previous domicile. “Permanent resident” status, as you put it, is given up in the previous state”</p>

<p>No. The State has carved out a specific class (OOS students) who are not permanent residents of their state. One cannot hold residencies in two states (you said so yourself) thus - OOS students are not considered residents of the state where they go to school. They hold the residency of the state where their parents reside. It does not matter what reason the State has for carving out a specific class but that distinction, in and of itself, is the determining factor. </p>