No, it does not make me “wrong,” given that no Delaware court appears to have ever ruled that the “permanent residence” requirement in the statute means that the prospective voter must intend to reside in Delaware unto the end of their mortal days, as opposed to just having established a permanent residence in the state as of the time of the registration. Matter of fact, as far as I can tell not a single Delaware court has even so much as cited Del. Code Ann. tit. 15, § 1901.
And you’re avoiding the issue. The issue is the double voting provisions in the VRA prohibiting “voting more than once”, which should be interpreted the way I have stated. They have not been interpreted yet because our broken federal gov’t hasn’t prosecuted a douchebag like Mowers yet.
I could give a shit about the state rules. Their statutes are all over the place and seem to be designed to create the opportunity for voting a second time in another state as a way of expanding state influence. Federal elections should have federal rules that apply across the board, which is what the VRA is supposed to accomplish to some extent.
Looks to me like the end of section 3 of the USC section above allows voting in two jurisdictions unless both primaries are for the same office, ie president, however if one votes for the same office twice, it is prohibited. So looks like this guy voting for Christie in NH but then for another candidate in NJ would be prohibited. What am I missing?
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For the GQP it is an occupational requirement.
Send him to the barge off offshore from Gitmo!!
Think of it this way: A presidential primary election is a referendum on who the eligible voters of each state want to make their party’s presidential nominee. That each state chooses to conduct its primary contest on different dates, often months apart, means that some small number of eligible voters will have also been eligible to vote in earlier primaries. But both elections answer a slightly different question: Who do the eligible voters of New Hampshire want as their party’s presidential nominee on February 15? versus Who do the eligible voters of New Jersey want as their party’s presidential nominee four months later? Both questions can be fairly resolved even if Joe Schmoe is an eligible, non-fraudulent voter in both elections.
No. That grants Joe Shmoe more that his share of the vote.
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The federal statutory prohibition on casting more than one vote stated in subsection (1) only applies to “an election,” singular. The NH and NJ primaries are two elections. Can’t put a dude in jail for violating the ban on multiple votes in “an election” by showing the dude cast a vote in a different election.
The subsection (3) stuff is aimed at carving out some stuff that the feds don’t want to count as “vote more than once.” The first exception is that it’s not voting more than once if your prior ballots were invalidated, which makes total sense in a ballot spoliation situation. The second exception refers to voting under 52 U.S.C. § 10502, which, among other things, allows people otherwise eligible to vote for president and VP to do so in their previous state if they haven’t met their new state’s residency requirements yet. That’s not at play here.
The passage of time can, indeed, be cruel. But Joe Schmoe is still only voting once in each election where he is eligible to do so.
And won’t you please give some care for Jane Schmane, who tragically missed out on the oppportunity to vote in any presidential primary by moving from New Jersey to New Hampshire in April. So unfair!
Pitting them together would require a vat of mud. Because why waste that much Jell-O?
I would think…perhaps it is not the case…that if you vote in one state no matter what another states rules allow in the way of late registration and residency the fact you already have voted ( anywhere ) would supersede those laws and that a politico would know that.
I fairly certain voting in two states in the same election is a no no no matter how much each state’s rules accommodate you doing so.
New Hampshire’s primary isn’t the same election as New Jersey’s primary. Nor, for that matter, is the New Hampshire presidential election the same as New Jersey’s presidential election. I can’t help it if the authors of the federal criminal statute only decided to make it illegal to cast multiple votes in “an election,” singular. But that’s what they did.
I’m not sure I follow? So NH and NJ don’t have the candidates on the ballot? They may have different 3rd party folks but I find it hard to believe they differ other than that. There were several instances of multi state voting ( ie the Villages here in Florida that snowbird voted up north and down here too ) that were busted. Lucky for them Florida isn’t going to do shit to them ( they all voted Trump ) but their actions were recognized as wrong. Elegant zig zagging your way around legal pathways to do what you know you cannot do…vote twice in a genera or primary…surely does not cut it.
It’s not illegal if no one enforces the law.
Is the New Hampshire primary the same election as the New Jersey primary that takes place four months later? If the answer is no – and the answer is obviously no – then the federal statute only prohibits voting twice in the same election. It does not prohibit voting twice for the same office, which is what this schmuck did.
Typical know it all lawyer. You guys actually know nothing. Prove it.
You left out grade school furries and litter boxes.
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Matt Mowers, a former Trump administration appointee who’s now running against Rep. Chris Pappas (D-NH) cast ballots in two states in the 2016 GOP presidential primaries. Mowers first voted in New Hampshire’s primary via absentee ballot. Then he re-registered to vote in New Jersey during the GOP primary four months later.
Whatever the legality of Mowers’ actions, I expect that Chris Pappas will point these facts out and campaign on the fact that the GOP’s purported concerns over election integrity are little more than a cover to push voting restrictions and promote Trump’s lie that the 2020 election was rigged.
Pappas may even mention that Mark Meadows registered to vote in the 2020 election with an address of a mobile home in Scaly Mountain, North Carolina that he apparently never spent a night in.
I know I would.
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There is nothing to interpret. The statute prohibits voting more than once in “an election,” period. He did not vote more than once in “an election”; he voted one time apiece in each of two different elections. Hence, the statute you reference does not apply.