MEMORANDUM
From:Chatham Non-Voting Taxpayers Advisory Committee
To: Chatham Board of Selectmen
Subject: Can Non-Resident Real Estate Taxpayers Have the Right to Vote in Chatham?
INTRODUCTION
Conventional wisdom and constitutional law tell us that the right to vote in the United States is a sacred privilege and that there should be “no taxation without representation.” Why then can’t non-resident taxpayers in the Town of Chatham vote on Town matters?
The Right to Vote Under Massachusetts Law.
A person’s right to vote in Massachusetts is guaranteed by the Fourteenth Amendment of the United States Constitution as well as Articles 1 and 9 of the Declaration of Rights and Article III of the Articles of Amendment of the Massachusetts Constitution. However, the United States Supreme Court has held in the case of Kramer v. Union Free Sch Dist. No. 15, 395 U.S. 621, 625 (1969), that “States have the power to impose reasonable citizenship, age, residency requirements on the availability of the ballot.”
Massachusetts General Laws Chapter 51, Section 1, provides that only a person who is “a resident in the city or town where he claims the right to vote at the time he registers . . . may have his name entered on the list of voters in such city or town and may vote therein in any such election of . . . in any meeting held for the transaction of town affairs. [emphasis supplied].”
The cases in Massachusetts are crystal clear that the word resident means that the person must be “domiciled” in the city or town. The cases are also clear that a person can have only one “domicile.” “Every person must have a domicile and he can have only one domicile at a time, at least for the same purpose.” Hershkoff v. Board of Registrars of Voters of Worcester, 366 Mass.
In either event, it is highly unlikely the legislature would amend the law without the prior written approval of the town or towns affected.
A special act can also be submitted to the legislature by petition filed and approved by the voters at Town Meeting.
Problems with a Non-Resident Taxpayer Vote.
The open Town Meeting form of government in Chatham does not lend itself readily to non-resident voting.
First, a person must be physically present to vote at Town Meeting. Some issues, such as a Proposition 2 ½ override, could be voted by absentee ballot.
Second, it would be very difficult for absentee taxpayers to keep current with issues before the Town and the number of changes, hearings, and recommendations before the Town in order to make an informed decision.
Third, if all non-resident taxpayers can vote, how do you handle properties owned by corporations, trusts, LLC’s, and other forms of multiple ownership?
Fourth, it is highly unlikely that resident taxpayers would vote in Town Meeting to dilute their vote by adding non-resident voters, and such a result, if passed, could well divide the Town in the future.
Fifth, the Town has been forward-looking in appointing the Non-Voting Taxpayers Advisory Committee and giving it a voice at Town Meeting and a forum at the Summer Town Meeting, so their views are made known.
Sixth, non-voting taxpayers can attend public hearings, file for abatements on their real property tax, attend and speak at Planning Board and Board of Appeals public hearings, and appeal decisions made by said Boards which relate to property at or near their own property.
The NVTAC does not recommend that any action be taken to gain non-resident taxpayers the right to vote without a great deal more discussion and thought about all the ramifications of any such action.
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