Caroline Casey & a. v. New Hampshire Secretary of State & a.

Summary

The Supreme Court of New Hampshire answered certified questions concerning the relationship between statutory definitions of domicile, residence, and residency, particularly as applied to college students voting in New Hampshire. The court held that a person with a New Hampshire domicile for voting purposes is necessarily a New Hampshire resident, and that such a student has established bona fide residency for purposes of driver’s-license and vehicle-registration requirements. The court declined to answer a third certified question regarding residence in another state because it was not determinative of the federal litigation.

Holdings

1. A person with a New Hampshire domicile under RSA 654:1 is necessarily a New Hampshire resident under RSA 21:6.
2. A student who claims a New Hampshire domicile under RSA 654:1, I-a is necessarily a New Hampshire resident under RSA 21:6.
3. The court declined to answer question 3 because its answer was not determinative of the cause pending in the federal district court.
4. A person with a New Hampshire domicile under RSA 654:1, I or I-a necessarily establishes bona fide residency in New Hampshire for purposes of RSA 261:45 and RSA 263:35.
5. A nonresident college student who resides in New Hampshire for more than six months in a year and whose vehicle is principally used in connection with the New Hampshire abode must register that vehicle in New Hampshire and obtain a New Hampshire driver's license if the student wishes to drive in the state.

Questions Presented

1. Whether a person with a New Hampshire domicile for voting purposes under RSA 654:1 is necessarily a New Hampshire resident under RSA 21:6.
2. Whether a student claiming a New Hampshire domicile for voting purposes under RSA 654:1, I-a is necessarily a New Hampshire resident under RSA 21:6.
3. Whether the court should answer whether a person with a New Hampshire domicile can claim residence in another state for purposes of RSA 259:88.
4. Whether a person with a New Hampshire domicile under RSA 654:1, I or I-a necessarily establishes a bona fide residency for purposes of RSA 261:45 and RSA 263:35.
5. Whether college students who reside in New Hampshire for more than six months in a year must register vehicles principally used in connection with their New Hampshire abode and obtain New Hampshire driver's licenses if they wish to drive in the state.

Disposition

remanded