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Where to vote up to citizens, board told
BY JAMES JACENICH • STAFF WRITER
MONTEREY - "It's as clear as mud," said county attorney Melissa Dowd Tuesday.
Dowd reported to Highland supervisors on the definition of "residence" for the purposes of voting, as requested last month.
"That's the best I can do without reading case after case that tries to tweak it," said Dowd.
She explained Virginia Code says a "residence" has substantially the same meaning as a "domicile," and a domicile is a person's place of abode.
"It's a many factor decision as to whether or not you are a resident," she said. "It (residence) is determined by the facts and circumstances of the case. A person can't have more than one legal residence. But that residence is determined largely by his intention." It is a matter of action and intention, Dowd summarized.
Del. Chris Saxman attended the meeting following dinner with the Highland County Republican Party committee.
Supervisor Jerry Rexrode explained his position to Saxman. "Chris, we looked at voting registration lists this year. We think there is a lot of people registered that are not residents here."
Rexrode said one court case he was familiar with said one must abandon one residence to live in another. "We have people living in other residences that come here only on the weekends that are registered to vote here. There are ways to pursue this legally," he said.
"So many people have multiple places to live," said Saxman. "It's up to the person to tell you where they live." Saxman said he lives in Richmond 60 days of the year and comes home only on weekends. He does not consider Richmond his residence, however.
His main concern seemed to be that a voter not attempt to vote in two places at the same time, which is illegal.
"There are other criterias," said Rexrode.
Supervisor Robin Sullenberger interjected. "The legal system is going to do absolutely nothing about this as long as someone says they live in such and such a location and they don't vote any place else. I think this is a waste of our time."
"I don't," Rexrode fired back.
"If you are going to pursue this, I'm going to tell you right now, I'm not going to support it," Sullenberger replied.
Saxman asked, "Do you want to endure a court battle on this?"
Sullenberger agreed the definition of "residence" needed further clarification. "It is an exercise in futility to pursue this (in court) without legal clarification as to what 'residence' means," he said.
"I do not support what is happening," he added, to indicate he does not support part-time residents voting in Highland County. He said the county would not prevail in court if it challenged individual voters as to whether they met the residency requirement as the law is now written.
"One person votes here because they care about what goes on here," said Sullenberger, referring to a part-time resident he spoke to who claims Highland as their legal residence for the purpose of voting. He said the law does not require the voter to be a full-time resident, or even to live more than 50 percent of the time in one place to vote there.
"There is other ways to do this without going to court," Rexrode said. "There are mechanisms in place. It don't take but three registered voters to contest (a voter registration). You don't have to go to court. I'm not sure but that the general assembly needs to define what is residence."
"I concur with that, absolutely," said Saxman. He said the residency issue was not isolated to Highland County. He said half of the United States Congress lives in Northern Virginia more than half the year, but they don't vote there. "Some of the districts in the commonwealth have a 30 percent voter turnover (between elections)," he said.
"You need to define (residence) more clearly," said Rexrode.
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