Another case of GOP dirty tricks, the local registrar in Montgomery County, Va. 
— home to Virginia Tech University and the site of a sizeable Obama voter 
registration drive — issued two press releases incorrectly suggesting that 
students who register to vote at their college could lose scholarships, their 
dependency status or coverage under their parents’ car and health insurance. 
BTW this person is a very strong GOP supporter.

http://www.wtop.com/?nid=25&sid=1474471

Va. Registrar's guidance prompts ACLU complaint
September 8, 2008 - 5:10pm
By LARRY O'DELL
Associated Press Writer

RICHMOND, Va. - Election officials in the county that is home to Virginia Tech 
were wrong when they issued a news release saying college students who register 
to vote there cannot be claimed as dependents on their parents' income tax 
returns, a civil liberties group said Monday.

The news release came late last month during a voter registration drive at the 
university conducted by supporters of Democratic presidential candidate Barack 
Obama. The statement said that along with the tax benefit, students could risk 
losing residence-based scholarships.

"First of all, it's not true," said Kent Willis, executive director of the 
American Civil Liberties Union of Virginia. "Second, it's obviously sort of an 
intimidation tactic to discourage students from voting in local elections."

E. Randall Wertz, voter registrar for Montgomery County, said there was no 
nefarious intent.

"We were providing information to students so they could make an informed 
decision," he said. "You've heard the saying: No good deed goes unpunished."

After a lawyer for the Obama campaign and the ACLU complained, Wertz issued a 
revised news release saying his office is prohibited from offering advice on 
taxes or other benefits and suggesting anyone with questions about those issues 
direct them to the appropriate agency or organization.

Asked for clarification on the tax issue, the Internal Revenue Service simply 
directed attention to the IRS Form 1040's three pages of instructions on 
dependents.

Wertz said Monday that his original news release was based on information on 
the State Board of Elections Web site. On the question of where is a college 
student's legal residence, the site says: "Are you claimed as a dependent on 
your parents' income tax return? If you are, then their address is probably 
your legal residence."

The site also says: "Do you have a scholarship that would be affected if you 
changed your legal residence? Some scholarships require that the student be a 
resident of a particular town, city or state. Contact the provider of your 
scholarship to determine if a change in your legal residence will affect your 
scholarship."

State Board of Elections Secretary Nancy Rodrigues did not return phone calls 
seeking comment.

The Montgomery County incident prompted the ACLU to send letters to voter 
registrars in all Virginia college localities urging them to allow students to 
register to vote. The organization also sent letters to college newspapers 
asking them to publicize the issue.

Voter registrars are nonpartisan positions, and the partisan makeup of local 
electoral boards is based on the governor's party affiliation. Because Gov. 
Timothy M. Kaine is a Democrat, that party has a 2-1 edge over Republicans on 
the Montgomery County Board of Elections, Wertz noted.

This is not the first brouhaha over college student voter registration in 
Virginia, Willis said. The ACLU has objected to similar obstacles to 
registration of students at the University of Mary Washington and the College 
of William and Mary in recent years, he said.

Willis said much of the problem stems from ambiguity in Virginia election laws, 
but that federal court cases around the county have consistently held that 
students have a right to register where they attend college.

"The bottom line is Virginia law is not clear as regards student registration, 
and registrars are given an unusual amount of autonomy," he said.

On that point, he and Wertz agreed.

"The laws are very vague, and they need to clarify it for us," he said. "If any 
of these groups have a problem with it, they should take it up with the General 
Assembly."

(Copyright 2008 The Associated Press. All rights reserved. This material may 
not be published, broadcast, rewritten or redistributed.)

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