What in the Heck is UOCAVA?

Did you see the headline in the CdA Press last week, stating that Canadian voters might determine the outcome of our last city election?  That could very well be true. Let me try to explain:

In 1988, President Reagan signed the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).  This is a federal law ensuring voting rights for overseas US citizens.  The people covered under this law are:
•    Members of the military
•    Members of the Merchant Marines
•    Eligible family of the above
•    Federal employees residing outside the country
•    Other private citizens residing outside the country

The idea behind this law was to help the military and those who must live outside the country, maintain their ability to vote in federal elections.

The problem is that the Idaho legislature adopted UOCAVA and it is now, rightly or wrongly, being applied to state and local elections as well.

So it looks like anyone choosing to live outside the US can vote in our city elections if they ever lived in Coeur d’Alene! 

The stories of the 5 Canadian voters are disturbing.  Yes, they are all US citizens who have been living abroad for many years.  Certainly they should be able to vote for President and in other federal matters, but they should not, in my humble opinion, be able to influence our local governance.

These people to not participate in our community.

The absurdity becomes even more outrageous when I think of people I know who have businesses here in CdA, pay huge taxes here and are directly impacted by the decisions of the mayor and city council.  But, if they choose to live in Fernan, Hayden or Post Falls, they can’t vote here.  Yet the Canadians can!

Please tell me how this makes any sense?

Last week, in the Election Trial, this issue became critical.  After much open deliberation, Judge Hosack ruled that a woman who has lived in Canada for 22 years, who declared in court (via the internet—a first for Idaho!) that her home in Canada is her “permanent residence”, can be considered a legal voter in our city election.

Idaho state election law says this:

34-107. “Residence” defined. (1)”Residence,” for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence. ”

The city version of this law, 50-402, adds these qualifications on top:
“In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.”

The woman from Canada has a house, car, driver’s license, they pay taxes, etc. all in Canada.  (To her defense, she only wants to retain her right to vote for President.  She did not ask for an absentee ballot for our city election, it was automatically sent to her by the Kootenai Elections Dept. because she voted in last year’s Presidential election.)

The other 4 Canadian voters have similarly upsetting stories.

Our voting rights are being taken away.  Remember, every invalid vote cancels out the vote of someone legitimate.

Voting laws all across our country are being changed to loosen requirements and decrease necessary documentation.  Yes, we will have to show a photo ID now in Idaho, which is great, but that’s only if you vote in-person and, even so, if you don’t have an ID you are allowed to simply sign a paper affidavit.  Many states, like Washington, have gone to all-mail-in ballots, the verification of which are difficult if not impossible and  open many loopholes for abuse.

Even scarier, there are efforts underway in Washington DC to nationalize the vote; to put the federal government charge of all rules for elections, at every level.  Some want to make voter registration automatic for everyone who gets a driver’s license, social security, food stamps, welfare, job service, etc.  Besides the big problem of taking away a person’s choice and privacy, this idea is terrible because many people applying for these services are not US citizens.  Should we automatically give them the right to vote as well?

It’s time for Idaho to stand up for states’ rights and fix our voting system.  Our legislators must clarify our election laws and protect the voters of Idaho, not Canada!

Big kudos  go to Jim Brannon, his attorney Starr Kelso, and everyone else who worked on the Election Challege.  It has been a long 10 months and now, after last week’s 5 ½ day trial, the judge will take time to make his decision.

If you would like to read about the trial, please go to www.opencda.com and read my daily reviews.  It was an interesting week.