Ninth Circuit Upholds Federal Law that Won’t Let U.S. Citizens Living in Guam Vote Absentee Using Former Residence in a State

On August 30, the Ninth Circuit upheld a federal law that won’t permit a U.S. citizen living in Guam to vote as an absentee voter from his or her former residence inside one of the fifty states. Borja v Nago, 22-16742. Here is the opinion.

The vote was 2-1. The decision is by Judge Milan D. Smith, a Bush Jr. appointee. It is also signed by Judge lucy H. Koh, an Obama appointee. Judge Richard A. Paez, a Clinton appointee, dissented and wrote that the law violates the Equal Protection Clause of the Fourteenth Amendment. The lower court had also upheld the law.

A quirk of federal law lets U.S. citizens who live in foreign countries vote, assuming they had in the past lived in one of the fifty states. They are absentee voters in the last state in which they had lived, even if they hadn’t lived in the U.S. for decades. An even stranger quirk lets U.S. citizens who live in the Northern Mariana Islands do the same.

The Ninth Circuit frequently grants rehearings en banc, and this case has a fair chance of getting a rehearing.


Comments

Ninth Circuit Upholds Federal Law that Won’t Let U.S. Citizens Living in Guam Vote Absentee Using Former Residence in a State — 6 Comments

  1. WHEN IS A RESIDENCE *PERMANENT* ???

    HAVE TO TAKE A LOYALTY OATH TO PRECINCT RESIDENCE REGIME ???

  2. VOLUNTARY CHANGE OF PRECINCT RESIDENCE — TO DIFFERENT NATION-STATE ???

    INVOLUNTARY CHANGE OF PRECINCT RESIDENCE — IN JAIL DUE TO LEGAL CONVICTION / BEEN KIDNAPPED – FORCED TO MOVE / GOT SHIP-WRECKED / ETC. ???

    DURATIONAL RESIDENCE IN CURRENT NATION-STATE / PRECINCT ???

  3. MAJOR REASON TO HAVE UNIFORM DEFINITION OF ELECTOR-VOTER IN A-L-L OF USA –

    STATES / DC / COLONIES

    IE — USA CITIZEN / 18 PLUS YEARS OLD / BE REGISTERED BY 28 DAYS BEFORE E DAYS

    PR
    APPV
    TOTSOP

  4. “A quirk of federal law lets U.S. citizens who live in foreign countries vote, assuming they had in the past lived in one of the fifty states. They are absentee voters in the last state in which they had lived, even if they hadn’t lived in the U.S. for decades.”

    It’s even quirkier than that. Their children, having inherited their US citizenship, can vote absentee from abroad without ever even having set foot, much less lived, in the US.

    It is very odd though, that federal law treats US territories as foreign countries – or in several cases worse, e.g. Guam and Puerto Rico. Remember how Guam was stolen from the Spanish by Captain Henry Glass violating the truce with Governor Juan Marina? If we aren’t going to treat Guam as American anyway, can we finally return it back to its rightful owner, King Enrique V of Spain?

  5. The King of Spain is Felipe VI, so whoever Enrique V must be one of the claimants to the crown who doesn’t actually have it. It’s pointless to argue which is legitimate, since nothing about monarchy is legitimate at all.

    The only basis for any monarch’s claim to any authority is their own word, bullshit they made up about being chosen by or in some cases themselves being god(s), the willingness of enough people to believe this bullshit, or, more commonly, being the spawn or alleged spawn of long dead con artists and or thugs who played this game better than their con artist and or thug competitors.

    21st century European “monarchs” are a useless, parasitic vestige of past centuries when their ancestors were actual (absolute) monarchs. Until fairly recently in human history there were virtually never any other kind, and the word monarch itself implies absolute.

    Arguing which one is the “legitimate” successor to a cosplay throne is pretty stupid, so to the extent that any of them are legitimate, that vestigial or ceremonial smidgen of authority can only come from the official recognition of civil government as such. Any other claim is not worth whatever time it could take to examine.

    Guam was no more or less stolen from Spain than it was stolen by Spain from some one else, by those people from someone before them, etc, most likely going back to well before recorded history unless it’s of more recent volcanic origin.

    The king of Spain and pretenders to king of Spain don’t own Spain, much less areas Spain conquered and then lost through conquest in past centuries. He owns his personal property, and that’s it.

    Royal property is mostly the fruits of past looting, pillaging and raping by agents of his ancestors. He probably has an income from licensing royal trinkets and merchandise, which is an indirect fruit of the poison tree from that looting and pillaging. He might have an income from Spanish taxes, the modern and more polite equivalent of what his ancestors used to do. He may have put some of his income into legitimate investments, thus laundering the ill gotten gain.

    Lastly, at least some monarchs have actual legitimate jobs, since their modern day royal duties don’t necessarily take up so much time as to preclude that, and some people actually prefer to have jobs even though they can afford not to.

    But since divesting kings of any property amassed through centuries of family looting and grift is practically difficult and unlikely, I’ll say any kings and pretend kings own their personal or royal property.

    They no longer own countries, except in places like the Arabian peninsula. And certainly not countries or territories their crown’s past owners couldn’t manage to hold on to after gaining them in equally immoral fashion.

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