Nevada is going to have a measure on the ballot in November that if passed, would legalize the possesion of less than 3 ounces of marijuana in that state.
I am strongly in support of that measure. And if I lived in Nevada I would vote yes on it.
My understanding is, that to vote in a state you need to reside there. What if I rented a room at a Motel 6, and a P.O BOX, registered to vote, then voted for the measure and took off back to Oregon? Could I be arrested for voter fraud, even though I was a “resident” of Nevada for a week?
It is not a crime to take advantage of a loophole in a law.
If Nevada’s definition of “residency” is sufficiently vague as to permit what was described (and I do not believe it is), then the OP could be in fact a legal resident of Nevada by doing so, and as such eligible to register and vote in that state.
The relevant Nevada statutes can be found at http://www.leg.state.nv.us/NRS/NRS-293.html#NRS293Sec485. While you’re there, be sure to also scroll down and review “NRS 293.800 Acts concerning registration of voters; violations of laws governing elections”:
So it looks like if you get caught and convicted of lying on your Nevada voter registration, you lose your right to vote permanently (“The county clerk shall cancel the registration…Upon the determination that the person registered has been convicted of a felony.”) but you do get to be a bona fide resident of Nevada while you serve out your prison term.
Apparently you have to have been a resident for 30 days. Now, I don’t know much about election law, but I would be interested in seeing whether there were any cases regarding whether such residency might be considered fraudulent if it was just for the purpose of influencing the outcome of an election in a jurisdiction in which you have no intention to continue residing in.
IANAL but I think most judges would give you the benefit of the doubt on your reasons for registering. Encouraging people to vote is the goal, not discouraging.
And why would short-term residency be an issue. If no one is paying you for your vote and you are moving to the state of your own free will, your intentions about remaining after the election should be irrelevant.
If you are a present resident of Oregon, don’t plan on moving to Nevada, why on earth would you CARE about contributing one, single, solitary, crummy little vote?
The law in Nevada isn’t going to do you a bit of good if you are carrying 3 ounces of grass in your pocket in Oregon.
Now, if you were to say, “Hey, if Nevada passes this law, I’m going to sell my house in Oregon, pack up the U-Haul, and move to Reno,” then I might see some purpose for this conversation.
~VOW
I have to disagree, BobT. The measure up for determination is for the residents of Nevada to determine policy for the state of Nevada. I think that the idea of a non-resident moving there for the express purpose of hoping to change the outcome of an election which he has no vested interest (not being a resident, nor having any intention of being a resident) and has no intention of being bound by (because he has no plans to live there) is simply contrary to the idea of a democratic institution. While perhaps legal, it is clearly wrong.
To carry the matter to it’s logical conclusion, would you support New Jersey temporarily housing thousands of people in Staten Island so as to try to affect the outcome of a New York gubenatorial election for thier own interests? If it’s wrong to do it for thousands of people, it’s just as wrong for one person. If Blalron wants to support this effort, there are plenty of ways he can do so without intefering in the democratic process.
Nope – it’s up to the citizens of the state of Nevada to determine how committed someone has to be to join their ranks (within certain implicit constitutional limits). Nevada has decided that 30 days’ presence in the state makes one a resident and eligible to vote. That’s the end of the matter. If Nevada really were worried about people coming in just to vote, it should (would) change its residency laws to require a more serious committment on the part of the immigrant.
