tag:blogger.com,1999:blog-12703782.post575381079976538544..comments2024-03-25T13:42:25.771-05:00Comments on Advance Indianaâ„¢: Lugar Defends No Indiana Residence To CNNGary R. Welshhttp://www.blogger.com/profile/15185079937305083438noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-12703782.post-53189548768242226592012-02-05T22:23:34.046-05:002012-02-05T22:23:34.046-05:00Check this out! Note what Charlie White says about...Check this out! Note what Charlie White says about Mitch Daniels!<br /><br />http://video.foxnews.com/v/1435353531001/election-official-guilty-of-voter-fraudrohshack147https://www.blogger.com/profile/09443718235851875620noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-39225148948196098512012-02-05T15:04:12.723-05:002012-02-05T15:04:12.723-05:00GW said: "One is the residency requirement i...GW said: "One is the residency requirement imposed by the U.S. Constitution. The state constitutional provision cannot eliminate that requirement as both Lugar and King suggest."<br /><br />That is absolutely correct. A state cannot in its constitution or by state law, eliminate (or change) the residency provision in the U.S. Constitution. There is a case out there where a state legislature tried to impose term limits on its members of Congress and the Court said states can't change a qualification provision for federal legislators that's contained in the U.S. Constitution.<br /><br />I agree the standard is extremely low for claiming a residence when you go vote. (Unless your name is "Charlie White.") Lugar could have done almost anything to have a legitimate residence. But instead he did the one thing he couldn't do...claim someone else's residence, some place he doesn't even arguably stay when he comes back to Indiana, as his legal residence.<br /><br />I don't think Zoeller offered an opinion. He just said he agreed with the Linley Pearson opinion. Unfortunately under AG Zoeller he's turned what is supposed to be the objective role of issuing legal opinions into a political exercise. His legal opinions have no credibility because of that.Paul K. Ogdenhttps://www.blogger.com/profile/16137003328850866711noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-54027316826378249642012-02-05T12:04:35.910-05:002012-02-05T12:04:35.910-05:00Also, the CNN article mentions two AG opinions. I ...Also, the CNN article mentions two AG opinions. I only know of the Linley Pearson opinion. I was wondering if Zoeller offered a new opinion. His office has a tendency to offer highly questionable opinions for solely political purposes.Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-61205341433381241942012-02-05T12:03:12.786-05:002012-02-05T12:03:12.786-05:00There are two separate legal issues. One is the re...There are two separate legal issues. One is the residency requirement imposed by the U.S. Constitution. The state constitutional provision cannot eliminate that requirement as both Lugar and King suggest. Residency for voter registration purposes is a state law requirement. If a person gives up a residence altogether while they are in service to the government or the military, the law allows thems to use a family member or friend's home for purposes of claiming a residence. The standard is very low, but you have to have some place within the state where you can accept mail and return home to spend the night if you want to claim a residence there. Evan Bayh at one time claimed Fred Glass' home as his and Susan's registered voting address before he bought that cheap condo on the north side to claim as his registered voting address.Gary R. Welshhttps://www.blogger.com/profile/15185079937305083438noreply@blogger.comtag:blogger.com,1999:blog-12703782.post-64371957410572818132012-02-05T11:39:29.991-05:002012-02-05T11:39:29.991-05:00Maybe I misread what it was reported that King sai...Maybe I misread what it was reported that King said, but I didn't see where he claimed Lugar could claim someone else's residence when he went to vote. He just said when you originally registered you have to prove residence when you register (which I don't believe is true...you just affirm under oath the address you are claiming as your residence.) He then said when you go to vote you don't have to prove your residency again. I guess it depends on what he is referring to in terms of "proving" you are registered where you live. Certainly absentee ballots applications require you to identify your address under oath and when you vote you affirm under under penalties for voter fraud that you live where you claim to live.<br /><br />I thought King was being cute with his phrasing to not say anything technically wrong (except for the claim you prove your residence when you register) while not addressing Lugar's situation in particular.Paul K. Ogdenhttps://www.blogger.com/profile/16137003328850866711noreply@blogger.com