Good morning All,

Deb and I are out of the office at an elections conference.

The definition of residency is indeed not an easy issue.  By statute in Vermont, the definition is different for property tax, driver's licenses, and voting.

In addition to our statutory definitions there are federal laws and caselaw that further complicate the issue.

At the present tine in Vermont, a person can chose to register to vote, but not obtain a VT driver's license.

I would like to have the law changed but it will take action by the legislature.

At the present time a person can apply to be put on the checklist while keeping his or her license in another state.  In that case, the person must give his or her last 4 digits of the SSN on the application.

Best Regards, Kathy




Kathleen DeWolfe
Director of Elections and Campaign Finance
Vermont Office of the Secretary of State
(802)828-2304




---------- Original Message ----------------------------------
From: "Naomi LaBarr, Vershire Town Clerk"<[log in to unmask]>
Reply-To: Vermont Municipal Government Discussion Network<[log in to unmask]>
Date:          Thu, 13 Jul 2006 09:21:03 -0400

>I will be anxiously awaiting more clarity on this issue, preferably via 
>written guidelines.
>
>Just last week I received an application from someone who purchased a second 
>home here.  The husband wants to vote in Vermont, the wife wants to vote in 
>South Carolina where their other home is located (no - there is no divorce 
>pending). He does not have a Vermont driver's license.  If he wants to claim 
>Vermont as his residence, why shouldn't he have to get a Vermont driver's 
>license?  In the meantime, should I add him to the checklist?
>
>Naomi LaBarr, Vershire clerk/treasurer
>
>
>----- Original Message ----- 
>From: "dmarko" <[log in to unmask]>
>To: <[log in to unmask]>
>Sent: Wednesday, July 12, 2006 3:52 PM
>Subject: Re: residency some more
>
>
>> Hi All,  Kathy De Wolfe and I have been grappling with these issues for 
>> the past few years.  We are planning to begin a discussion that will 
>> hopefully result in a clearer and more consistent definition of residency. 
>> We have already been chatting with Clerks from Colchester and some of our 
>> other college towns
>> and would love your input as well.  Deb
>>
>>
>> ---------- Original Message ----------------------------------
>> From: Wilmington Town Clerk <[log in to unmask]>
>> Reply-To: Vermont Municipal Government Discussion 
>> Network<[log in to unmask]>
>> Date:          Wed, 12 Jul 2006 12:07:58 -0400
>>
>>>For my two cents, I think there is a fairly simple legislative solution 
>>>that dovetails with the potential $10,000 fine or imprisonment penalty for 
>>>perjury.  I wish there existed a statutory requirement that clerks 
>>>periodically report the voter checklist to the tax deparment as we do the 
>>>county courts.  The idea is that if you are on the voter checklist and 
>>>saying you reside at an address, and you are also on the Grand List as 
>>>owning that address, you should be filing an HS-131.  If you are not then 
>>>you are either evading taxes or you are fraudulently claiming residence. 
>>>It's in the interest of the tax department to do the enforcement.  In my 
>>>town, the RESIDENT TAX RATE is HIGHER than the non-resident rate.
>>>
>>>Susie Haughwout - Wilmington
>>>  ----- Original Message ----- 
>>>  From: Wallingford Town Clerk
>>>  To: [log in to unmask]
>>>  Sent: Wednesday, July 12, 2006 9:29 AM
>>>
>>>
>>>  Hi Ulla,  We will continue to have these questions until we have a clear 
>>> definition of "residency" - as it relates to the voter checklist. How can 
>>> a person in Vermont claim non-residence on the grand list for tax 
>>> purposes and yet register here to vote? Is that legal? We hear the 
>>> concern about the "integrity" of the checklist within the State, how 
>>> about the nation? Perhaps Deb will weigh in on this.
>>>
>>>  Joyce Barbieri, Wallingford
>>>
>>
>> 
>