We had 3,839 vote early this year.   In 2006, we had 2,321.

The early voting center on campus had 857 vote.

This does not include people who voted absentee in our office prior to the start of early voting, or through the mail, or through grace period ballots.

The MOVE Act is getting  a lot of attention of late, primarily for the failure of a number of jurisdictions to comply with its provisions.   The biggest obstacle to compliance was the primary schedule that shortens the window between certification of the ballot and the sending of ballots overseas.

One element of the MOVE Act that received a lot of attention was the provisions to allow for the emailing of ballots.  I really wasn’t sure how this would be received.  The early results for us, about three weeks after ballots have been mailed and emailed, is that the email is not increasing the number of votes cast.

For military voters, we emailed 42 ballots and just a single one has been returned.  A rate of 2.4%.  On the other hand, we have mailed 204 ballots, and already 33 have been returned.  A rate of 16.2%.

Now other factors certainly enter into this.  Many of these military ballots are sent within the country.  The final determination of the effectiveness of this method will be decided two weeks after the election when we do our final canvass.

But delays of three weeks or more in sending out ballots, either through the mail or email, are inexcusable.   Those justifying those delays by pointing to email delivery are relying on an unproven and untested method.

We get lots of questions from people about what constitutes “residency” for purposes of voting and for running for office.  As this is a University community, some people have concerns about students who are here temporarily but voting here.  The law is far from clear, but for students in Illinois, it is generally the case that they can declare either their campus or “home” address as their residence.

Now we have questions about the residency of Rahm Emanuel and whether he qualifies as a candidate for Mayor of Chicago.  As above, the definition of residence can be murky in Illinois law.  However, the discussion in the media has generally avoided the important factual determinations that have to be made.

In our circuit and appellate district, we had an interesting case involving residency;  People v. Baumgartner.  Since it’s a recent case, 2005, I think it gives critical guidance to this issue as it affects Emanuel.  The appellate court overruled the circuit court decision and ruled that Baumgartner did not commit perjury when he declared his Moultrie County address to be his “residence” despite owning a home in Champaign County.

Here is the paragraph in the appellate opinion that best applies to the Emanuel case.

Two elements are necessary to create a “residence” for voter registration purposes: physical presence and an intent to remain there as a permanent resident.   Delk v. Board of Election Commissioners, 112 Ill. App. 3d 735, 738, 445 N.E.2d 1232, 1235, 68 Ill. Dec. 379 (1983).   Residence is lost upon abandonment; however, “‘an absence for months, or even years, if all the while intended as a mere temporary absence for some temporary purpose, to be followed by a resumption of the former residence, will not be an abandonment.’” Stein v. County Board of School Trustees, 40 Ill. 2d 477, 480, 240 N.E.2d 668, 669 (1968), quoting Kreitz v. Behrensmeyer, 125 Ill. 141, 195, 17 N.E. 232, 253 (1888).  [*12]  “Where a person leaves his residence and goes to another place, even if it be another state, with an intention to return to his former abode, or with only a conditional intention of acquiring a new residence, he does not lose his former residence so long as his intention remains conditional.” Pope v. Board of Election Commissioners, 370 Ill. 196, 201, 18 N.E.2d 214, 216 (1938). To change residence, “there must be, both in fact and intention, an abandonment of the former residence and a new domicile acquired by actual residence, coupled with the intention to make it a permanent home.” Welsh v. Shumway, 232 Ill. 54, 77, 83 N.E. 549, 559 (1907).

As Emanuel apparently still owns his home and has a longstanding residence in Chicago, I think he’ll have no problem declaring and demonstrating that he had an intent to return.

This issue is of some importance here as professors on sabbatical or otherwise away have been known to rent out their homes while they are gone.  This does not take away their right to vote.