PR Sept. 4, 2008 ACLU Urges Registrars to Allow Students to Register to Vote in Local Elections

ACLU Urges Registrars to Allow Students
to Register to Vote in Local Elections
College Newspapers Asked to Get Word out That ACLU Can Help

Richmond, VA -- The American Civil Liberties Union of Virginia this morning is faxing letters to 32 local registrars urging them to allow students to register to vote where they attend school. The registrars were selected because they oversee voter registrations in areas where college students are likely to live.

The ACLU’s letter follows a recently reported incident in Montgomery County where the registrar told college students that their parents may no longer be able to claim them as dependents for tax purposes if they declare a separate college address for voting purposes.

The ACLU has also sent emails to college newspapers today asking them to warn students of the problems they may encounter when attempting to register and to let students know that they may contact the ACLU for assistance.

The issue is not a new one in Virginia or for the ACLU. In 2000, the ACLU criticized the Fredericksburg registrar for refusing to allow students with dormitory addresses to register for local elections. The registrar later agreed not to automatically reject applications from students living on campus. In 2004, the ACLU provided legal representation to several William and Mary students whose applications to register in local elections had been rejected.

An informal ACLU poll conducted several years ago indicated that registrars in Virginia inconsistently interpret the law regarding student registration. Yet the State Board of Elections website contains the following message to students: “You are the one to determine and declare the city, county and state in which you claim your legal residence.”

“Voting is not just about national elections,” said ACLU of Virginia Executive Director Kent Willis. “It’s also about who represents you in the state legislature, on city council and on the school board. So it makes a difference where you register to vote.”

“Most people have one obvious primary address, and that’s where they register,” added Willis. “But college students, almost all of whom live in more than one place during the course of the year, must decide which address is their primary one. For many, it’s where they attend school—the place they call home for nine months out of the year.”

“While registrars should assist students who are uncertain about where they should register, no registrar should question students who make the choice to vote where they attend school,” said Willis.

Contact: Kent Willis (o) 804/644-8022

[ACLU of Virginia]

September 4, 2008

VIA FAX

[Local Registrar Contact Information*]

RE: Right of College Students to Register for Local Elections

Dear Mr. Doe:

The ACLU of Virginia has heard troubling reports that general registrars in some localities have been prohibiting or actively discouraging students from registering to vote at the address where they go to school. With only a month left to register for the upcoming elections, I am writing to urge you to allow students to register in the locality that they consider to be their residence, without subjecting them to extra requirements or questioning.

Students typically spend most of the year at their campus residence. They are likely to be affected by governmental affairs where they attend school, much more so than the place where their parents live, or where they might spend two or three months in the summer. And many students have no intention of returning to their parents’ place of residence when they complete school. That some students may be financially dependent on their parents, or that they may live in a dormitory, does not change the fact that their primary place of abode is where they go to school.

For these reasons, the State Board of Elections website advises students: “You are the one to determine and declare the city, county and state in which you claim your legal residence.” So long as a student has a local residential address, the registrar should accept the student’s own determination of residency without imposing any special inquiries or burdens.

Federal courts have consistently held that it is unconstitutional to discriminate against students who wish to register where they attend school. The Supreme Court, for example, upheld a lower court ruling that a registrar violated the law when he would only allow students to register who were natives of the area or had been promised a job there after graduation (Symm v. United States, 1979).

In Kentucky (Bright v. Baesler, 1971), Vermont (Shivelhood v. Davis, 1971) and Pennsylvania (Slone v. Smith, 1972), federal courts invalidated the practice of requiring students to complete questionnaires to prove residency prior to being allowed to register. In Michigan ( Wilkins v. Bentley, 1971 ), a federal court invalidated a registrar’s practice of presuming that students are not residents of the localities where they attend college.

This year, thousands of Virginia college students will have their first opportunity to vote for President of the United States. Please take all necessary steps to ensure that they will be able to vote in the place they consider home.

We have asked students who have encountered problems with registration to contact us immediately.

Sincerely,
Kent Willis
Executive Director

*Localities Receiving Letter:

Albemarle County
Amherst County
Arlington County
Bristol City
Brunswick County
Charlottesville City
Chesterfield County
Fairfax County
Franklin County
Frederick County
Fredericksburg City
Hampton City
Hanover County
Harrisonburg City
Lexington City
Lynchburg City
Montgomery County
Newport News City
Norfolk City
Petersburg City
Prince Edward County
Radford City
Richmond City
Roanoke County
Rockingham County
Salem City
Tazewell County
Virginia Beach City
Warren County
Washington County
Williamsburg City
Winchester City

[ACLU of Virginia Memo]

TO: Editors, Virginia College Newspapers
FROM: Kent Willis, Executive Director, ACLU of Virginia
DATE: September 4, 2008

RE: Right of Students to Register to Vote in Local Elections

As you may know, some voter registrars in Virginia actively discourage or block students from registering to vote in the jurisdiction where they attend college. The ACLU opposes this practice and has, on occasion, provided legal representation to students who were prevented from registering to vote where they attend school.

This is not a new practice, but it resurfaced recently when the Montgomery County Registrar told students their parents could no longer claim them as dependents if they registered to vote anywhere other than at their parents’ address.

Attached you will find a press release and a copy of a letter being faxed today to college-town registrars urging them to allow students to register to vote locally if they so choose.

There is still nearly a month before the October 6 deadline for registration for the November elections, meaning students still have considerable time to register even if they encounter difficulties.

I am hoping that you will publicize this issue in your newspaper and that you will let students know they can contact the ACLU of Virginia if they need assistance. We can be reached at acluva[at]acluva.org or 804/644-8022.

Thanks. If you have any questions, please feel free to call me at the number above or send me an email at acluva[at]acluva.org.

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Printer Friendly Version American Civil Liberties Union of Virginia, News Release September 4, 2008 ACLU Urges Registrars to Allow Students to Register to Vote in Local Elections College Newspapers Asked to Get Word out That ACLU Can Help Richmond, VA -- The American Civil Liberties Union of Virginia this morning is faxing letters to 32 local registrars urging them to allow students to register to vote where they attend school. The registrars were selected because they oversee voter registrations in areas where college students are likely to live. The ACLU’s letter follows a recently reported incident in Montgomery County where the registrar told college students that their parents may no longer be able to claim them as dependents for tax purposes if they declare a separate college address for voting purposes. The ACLU has also sent emails to college newspapers today asking them to warn students of the problems they may encounter when attempting to register and to let students know that they may contact the ACLU for assistance. The issue is not a new one in Virginia or for the ACLU. In 2000, the ACLU criticized the Fredericksburg registrar for refusing to allow students with dormitory addresses to register for local elections. The registrar later agreed not to automatically reject applications from students living on campus. In 2004, the ACLU provided legal representation to several William and Mary students whose applications to register in local elections had been rejected. An informal ACLU poll conducted several years ago indicated that registrars in Virginia inconsistently interpret the law regarding student registration. Yet the State Board of Elections website contains the following message to students: “You are the one to determine and declare the city, county and state in which you claim your legal residence.” “Voting is not just about national elections,” said ACLU of Virginia Executive Director Kent Willis. “It’s also about who represents you in the state legislature, on city council and on the school board. So it makes a difference where you register to vote.” “Most people have one obvious primary address, and that’s where they register,” added Willis. “But college students, almost all of whom live in more than one place during the course of the year, must decide which address is their primary one. For many, it’s where they attend school—the place they call home for nine months out of the year.” “While registrars should assist students who are uncertain about where they should register, no registrar should question students who make the choice to vote where they attend school,” said Willis. Copies of the ACLU’s letters to registrars, including a list of localities to which the letter was sent, and college newspapers are available below. Contact: Kent Willis (o) 804/644-8022 [ACLU of Virginia] September 4, 2008 VIA FAX [Local Registrar Contact Information] RE: Right of College Students to Register for Local Elections* Dear Mr. Doe: The ACLU of Virginia has heard troubling reports that general registrars in some localities have been prohibiting or actively discouraging students from registering to vote at the address where they go to school. With only a month left to register for the upcoming elections, I am writing to urge you to allow students to register in the locality that they consider to be their residence, without subjecting them to extra requirements or questioning. Students typically spend most of the year at their campus residence. They are likely to be affected by governmental affairs where they attend school, much more so than the place where their parents live, or where they might spend two or three months in the summer. And many students have no intention of returning to their parents’ place of residence when they complete school. That some students may be financially dependent on their parents, or that they may live in a dormitory, does not change the fact that their primary place of abode is where they go to school. For these reasons, the State Board of Elections website advises students: “You are the one to determine and declare the city, county and state in which you claim your legal residence.” So long as a student has a local residential address, the registrar should accept the student’s own determination of residency without imposing any special inquiries or burdens. Federal courts have consistently held that it is unconstitutional to discriminate against students who wish to register where they attend school. The Supreme Court, for example, upheld a lower court ruling that a registrar violated the law when he would only allow students to register who were natives of the area or had been promised a job there after graduation (Symm v. United States, 1979). In Kentucky (Bright v. Baesler, 1971), Vermont (Shivelhood v. Davis, 1971) and Pennsylvania (Slone v. Smith, 1972), federal courts invalidated the practice of requiring students to complete questionnaires to prove residency prior to being allowed to register. In Michigan ( Wilkins v. Bentley, 1971 ), a federal court invalidated a registrar’s practice of presuming that students are not residents of the localities where they attend college. This year, thousands of Virginia college students will have their first opportunity to vote for President of the United States. Please take all necessary steps to ensure that they will be able to vote in the place they consider home. We have asked students who have encountered problems with registration to contact us immediately. Sincerely, Kent Willis Executive Director Localities Receiving Letter: Albemarle County Amherst County Arlington County Bristol City Brunswick County Charlottesville City Chesterfield County Fairfax County Franklin County Frederick County Fredericksburg City Hampton City Hanover County Harrisonburg City Lexington City Lynchburg City Montgomery County Newport News City Norfolk City Petersburg City Prince Edward County Radford City Richmond City Roanoke County Rockingham County Salem City Tazewell County Virginia Beach City Warren County Washington County Williamsburg City Winchester City [ACLU of Virginia Memo]* TO: Editors, Virginia College Newspapers FROM: Kent Willis, Executive Director, ACLU of Virginia DATE: September 4, 2008 RE: Right of Students to Register to Vote in Local Elections As you may know, some voter registrars in Virginia actively discourage or block students from registering to vote in the jurisdiction where they attend college. The ACLU opposes this practice and has, on occasion, provided legal representation to students who were prevented from registering to vote where they attend school. This is not a new practice, but it resurfaced recently when the Montgomery County Registrar told students their parents could no longer claim them as dependents if they registered to vote anywhere other than at their parents’ address. Attached you will find a press release and a copy of a letter being faxed today to college-town registrars urging them to allow students to register to vote locally if they so choose. There is still nearly a month before the October 6 deadline for registration for the November elections, meaning students still have considerable time to register even if they encounter difficulties. I am hoping that you will publicize this issue in your newspaper and that you will let students know they can contact the ACLU of Virginia if they need assistance. We can be reached at acluva[at]acluva.org or 804/644-8022. Thanks. If you have any questions, please feel free to call me at the number above or send me an email at acluva[at]acluva.org.
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