With the presidential election quickly approaching, Newark Councilman Ezra Temko is attempting to get clarification about student voting rights.
Over the summer, Temko wrote to Delaware Attorney General Beau Biden asking him to issue an opinion on whether university students who come from another state can register to vote in Newark elections.
Temko said the issue first arose in 2004 when then-Attorney General Jane Brady ruled students should be able to register in Delaware if they are willing to declare and prove Delaware is their primary home. She provided a list of acceptable documents to prove residency in Delaware, including a driver's license, utility bill or bank statement.
Temko said Brady's ruling still leaves confusion and the documents required to prove residency are difficult for students who live in residence halls to obtain.
In July, Temko introduced a motion in Council that would direct City Solicitor Roger Akin to send Biden a letter asking for clarification. Temko said he found a general sense of approval without the need for a vote.
Along with questioning the need for more than one document, Temko said the letter asked Biden if student identification cards could be used as a source to prove both address and identification.
Temko said he received a response from Deputy Attorney General Ann Woolfolk in the beginning of September. The opinion outlines the same procedures and guidelines from the 2004 letter, stating that while students must still declare their home in Delaware, one document of choice from the provided list may now stand alone.
Temko said it is now acceptable that a business or government document addressed to a Delaware address will confirm both a student's identification and address.
"Examples may include a letter from the Sierra Club or from the university itself," he said.
State Commissioner of Elections Elaine Manlove, said her main concern is for students planning on registering in Delaware for upcoming elections.
"It is not their home, meaning they could lose student benefits and it could impact financial aid," Manlove said.
Temko said this is merely a scare tactic.
"I have never seen a case where voting has led to these consequences," he said.
Manlove said whether students can or cannot vote here is not what is important.
"That decision was set by the attorney general years ago, but the possible ramifications of these actions is the crucial aspect," she said.
Rick Armitage, director of government relations for the university, told Temko in an e-mail message the university is not taking a position on the issue.
"UD's Charter prohibits us from favoring any sect, candidate or party and it may be perceived UD is trying to influence elections by encouraging students to vote in Delaware rather than their home states," Armitage said.
Communications professor Lindsay Hoffman said she has a different idea regarding students' level of involvement in the voting process.
"I realize that there may be difficult bumps in the road along the way to registering, but it's crucial that students acknowledge their responsibilities to vote," she said.
Paul Ruiz, president of the university's College Democrats, said he is tired of university students being labeled as apathetic and lazy, and feels the need to change perceptions, however with obstacles to register, resolving these issues is becoming steadily more difficult.
Ruiz said he has been struggling to raise awareness of the difficulties students have voting.
"We're trying to eliminate barriers" he said. "Every student has a right to a voice in issues in Newark. Students should be angered."
This is not the first time student voting rights have been challenged. At the end of August, Virginia Polytechnic Institute and State University students were misled regarding the consequences of voting in Virginia rather than their home states.
According to The New York Times, local registrars released information that if students chose to register in Virginia, they were in danger of losing their scholarships and insurance and could no longer be claimed as dependents on their parents' tax returns.
Incidences like these have been prevalent since the 26th Amendment lowered the voting age from 21 to 18 in 1971. The United States Supreme Court tried to remedy this with the 1979 ruling, which allows students to vote and register at their college address, according to The New York Times.
Temko said he will continue to seek legislative action on this issue.
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