University of Virginia Library

Miller Clarifies Voting Rules

State Attorney General Andrew Miller
released an opinion yesterday in an
attempt to clarify the position of
students in regards to registering to vote
in the precincts where they live while
attending school.

The only change from a similar
opinion issued July 21 is that the fact
that a potential registrant's being a
student is now to be regarded by registrars as a
"neutral factor." A student does not gain or
loose residency by being a student.

Overall, however, the opinion "represents
no change" from the July 21 statement,
according to an official in the Attorney
General's office.

Basically, both opinions deal with the
definition of residency, a requirement for
voting in Virginia elections. According to a
lawyer of the Attorney General's office,
residency can best be described as "where do
you call home?" For example, he asked what
answer one would give if asked where he lived.
If the answer was not Charlottesville, you
would in all likelihood not be considered a
resident of Charlottesville.

The decision of residency has been left to
the discretion of individual registrars, following
this basic guideline issued by the Attorney
General. If you wish to vote, you must
convince the City registrar that you are in every
sense a "resident." The Attorney General's
office stressed that a student may vote in the
precinct of his school if he is prepared to
establish a legal domicile there. The burden of
proof rests with whoever is attempting to
register.

Students who live in town all year round,
have their automobiles registered in
Charlottesville, worked here last summer and
paid city taxes, and generally list their legal
address as Charlottesville, should be able to
register as long as they can convince the
registrar that the above is true.

All other students are advised by the
Attorney General's office to register at
"home."