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Emmett Hangar: Let Illegal Aliens Vote In Virginia

By Greg L | 19 January 2009 | Illegal Aliens, Virginia Senate | 21 Comments

Senator Emmett Hangar, the Republican embarrassment of Augusta County, has once again outdone himself, this time proposing legislation that would facilitate voter fraud and potentially make it possible for illegal aliens to vote in non-federal elections.  His latest outrage, SB 1038, would establish a presumption that anyone who files taxes in the state is domiciled in Virginia for the purposes of determining voting eligibility, regardless of their citizenship.  For those who don’t live at an address recognized by the postal service, census bureau, or the Virginia VERIS system, they can establish their eligibility to vote by simply making a verbal affirmation.  I guess after being strongly challenged in a primary last election cycle, Emmett is looking for a way to build up a voter base.

You’d think that when we’re going to modify statutes regarding voter eligibility, the first thing you’d want to establish is that the person who wants to vote is actually a United States citizen, but Hangar doesn’t seem to think that is of much importance.  Instead, Hangar wants to ensure consideration of a person’s “expressed intent”, “residence of parents”, and whether they rent property in Virginia when determining eligibility.  Why would the domicile of one’s parents have anything to do with whether someone should vote in Virginia elections is of course left unexplained, but it sure would make it a lot easier for non-citizens who have parents who live in Virginia, whether those parents are eligible to vote or not, to suddenly become Virginia voters.

Citizenship just doesn’t seem to count for what it used to.

One of the few places that permits this sort of scheme is Takoma Park, Maryland, or as Marylander’s call it, “The People’s Republic of Takoma Park”, a self-declared “nuclear-free zone” where anyone and just about anything can vote in local elections and homosexual couples get domestic health benefits courtesy of the taxpayer.  I guess I shouldn’t be all that surprised that Emmett Hangar is apparently modeling his legislative agenda around the policies in place in the “Berkley of the East”.  His constituents shouldn’t be that surprised either, although they might want to consider upgrading their representation in the Senate of Virginia after what must be the hundredth time Hangar has decided to screw them over, along with the rest of the Commonwealth.  A turnip would be a better Senator than this buffoon.

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  1. Groveton said on 19 Jan 2009 at 1:29 pm:
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    Well, I’ve got to give you credit - you’re bashing a Republican. So, why is this Republican state senator from Augusta County so insensitive to the issues created by large numbers of illegal aliens? Here’s why:

    “As of the census[1] of 2000, there were 65,615 people, 24,818 households, and 18,911 families residing in the county. The population density was 68 people per square mile (26/km²). There were 26,738 housing units at an average density of 28 per square mile (11/km²). The racial makeup of the county was 95.02% White, 3.60% Black or African American, 0.15% Native American, 0.28% Asian, 0.02% Pacific Islander, 0.32% from other races, and 0.61% from two or more races. 0.94% of the population were Hispanic or Latino of any race.”. Source:Wikipedia.

    For the record, let’s look at what Wikipedia has to say about the demographics of Prince William County:

    “As of the census[4] of 2000, there were 280,813 people, 94,570 households, and 72,724 families residing in the county. The population density was 831 people per square mile (321/km²). There were 98,052 housing units at an average density of 290 per square mile (112/km²). The racial makeup of the county was 68.93% White, 18.76% Black or African American, 0.39% Native American, 3.81% Asian, 0.13% Pacific Islander, 4.35% from other races, and 3.62% from two or more races. 9.74% of the population were Hispanic or Latino of any race.

    By 2005 non-Hispanic whites were 54.2% of Prince William County’s population. 19.4% of the population was African-American. 0.5% was Native American. 6.4% of the population was Asian American. The growth of the Asian population was, numerically and as a percentage of the total population in this subgroup, dwarfed by the growth of the Latino population, which made up 18.0% of the county’s total population by 2005.”.

    So, why doesn’t he care about the implications of illegal immigration with respect to his voter bill? Because it doesn’t directly affect him. And he’s apparently too narrow and/or dim to care what those implications might be elsewhere in Virginia.

    Which brings me to Virginia’s absurd love affair with Dillon’s Rule. People like Emmett Hanger are constantly passing legislation that doesn’t make a damn bit of sense for Northern Virginia. Shouldn’t at least the local election eligability rules be set by the localities? Isn’t that a fair amendment to put into the Virginia Constitution?

    McAulliffe is right about dilluting Dillon’s Rule in Virginia. And he’s right about Richmond having too much power. But I don’t want you to vote for McAulliffe based on those positions (I dobt you’d ever vote for him regardless of his positions). I want you to convince your guy McDonnell to give more authority to the localities too. The same logic that has conservative Republicans mistrusting the big government of Washington should be applied to the big government of Richmond. Imagine a US Constitution with no state’s rights. That’s what we have (with respect to locality rights) in the Virginia constitution. Until that changes, we’ll all be held hostage to the firing of random neurons in teh brains of people like Emmett Hanger.

  2. Loudoun Insider said on 19 Jan 2009 at 1:50 pm:
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    WTF is wrong with this guy???

  3. Flavius Maximus said on 19 Jan 2009 at 1:57 pm:
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    the lunacey boggles the mind.

  4. Anonymous said on 19 Jan 2009 at 2:24 pm:
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    The first part of the bill (allowing verbal affirmation of residency seems bizarre). Having said that (and I’m far from a Hangar apologist, I read the second part differently (presumption of residency where you filed taxes). I read that (and I certainly could be wrong) to apply to people like UVA, JMU, etc. students who claimed residency in Virginia when they aren’t really residents. They claim some other state for tax purposes and Virginia for voting purposes. This would create a rebuttable presumption that their residency for voting purposes is the state in which they file taxes. That’s not a bad idea although I’m not sure this bill is the way to accomplish the apparent goal.

  5. Anonymous said on 19 Jan 2009 at 2:28 pm:
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    The “expressed intent” and other parts you quoted are already part of the statute and have been Virginia law for some time. He’s just amending the statute that already exists. In Virginia, like most other places, residency is defined as the place you are with the intent to remain. As such, “expressed intent” is always relevant to residency determinations. He’s just amending the definition of residency for voting purposes to be the place you file state taxes unless you can rebut the presumption with other evidence. Doesn’t change anything else about the right to vote which still requires citizenship.

  6. FOIA said on 19 Jan 2009 at 2:30 pm:
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    Emmett is a good guy who wanders around the GAB befuddled most of the time, usually can’t find the capitol, men’s room, cafeteria, his office, etc.

  7. me-n-u said on 19 Jan 2009 at 2:30 pm:
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    He also want’s illegal aliens to take a spot in our universities and colleges, leaving fewer openings to our American children.

    SB 1037 In-state tuition; illegal aliens. Emmett W. Hanger, Jr.
    In-state tuition; illegal aliens. Establishes that an alien who is unlawfully present in the United States shall not be eligible for in-state tuition unless he meets all of the following criteria: (i) he has resided with his parent, guardian, or other person standing in loco parentis while attending a public or private high school in this state; (ii) he has graduated from a public or private high school in Virginia or has received a General Education Development (GED) certificate in Virginia; (iii) he has resided in the Commonwealth for at least three years as of the date he graduated from high school, or one year of residency if a veteran or an active duty member of the U.S. Armed Forces; (iv) he has registered as an entering student in an institution of higher education; (v) he has provided evidence to the institution establishing that he is not currently in removal proceedings and is a direct or derivative beneficiary of a petition to become a permanent resident of the United States that has been filed with the United States Citizenship and Immigration Services, and that he is actively pursuing such permanent residency; and (vi) he has submitted evidence that he, or in the case of a dependent student, at least one parent, guardian, or person standing in loco parentis, has filed, unless exempted by state law, Virginia income tax returns for at least three years prior to the date of enrollment.

  8. me-n-u said on 19 Jan 2009 at 2:38 pm:
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    “for voting purposes, an applicant shall be presumed to be a resident of the state where he files as a resident for state income tax purposes or the state where he has claimed a homestead exemption for property tax purposes. The applicant bears the burden to rebut this presumption.”… this is Hangers language Anonymous. and it leaves the field wide open.

    Hangers contact information
    (804) 698-7524
    email: district24@senate.virginia.gov

  9. me-n-u said on 19 Jan 2009 at 2:40 pm:
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    BTW- Some illegals file taxes with ITIN’s. So again, I think Hangers intent is to open the door for illegals to vote.

  10. Anonymous said on 19 Jan 2009 at 3:07 pm:
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    me-n-u - It doesn’t say “for voting purposes an applicant shall be presumed to be a CITIZEN…” It says they are presumed to be a “resident.” Residency alone is not sufficient to be a voter. In this case, it simply makes residency the same for voting as taxes which should make perfect sense to everyone. Now, if Hangar’s bill said you qualified to vote based on a verbal affirmation of citizenship then I’d have a serious problem. It doesn’t and I don’t.

    FWIW, I also think you’re misreading 1037. Right now, illegals can qualify for instate tuition with almost no restrictions. What Hangar is doing (although I disagree with the bill) is to place restrictions. Contrary to Hangar though, my law would say “illegals, under no circumstances, get instate tuition and we’ll deport you if you apply.”

  11. Groveton said on 19 Jan 2009 at 3:20 pm:
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    Anon 2:24:

    You are probably right. He must have some reason for doing what he’s doing. And losing elections because out of state college students are voting for your opponent would explain his reasoning (if that’s what he’s doing). But this is a classic example of Richmond over-reach. By the “college student theory” he might have a legitimate local problem. But the “one size fits all” answer opens the door for solutions that do more (statewide) harm than good.

    Here’s another example - the Virginia House of Delagates member from the 34th district, Margi Vanderhye. Del. Vanderhye grew up in Chicago, graduated from Northwestern University (Political Science degree) and describes herself as “a long time resident of McLean”. She served two terms on the Northern Virginia Transportation Authority. So, on what committees does Ms. Vanderhye serve in the General Assembly? Agriculture, Chesapeake and Natural Resources; Science and Technology.

    Natural Resources?!?

    What basis does anyone from NoVa have to tell people elsewhere in Virginia about things like mining and farming? I believe that even the Potomac River is owned by Maryland in her district. So, I guess she has some direct involvement in the Chesapeake in that runoff from her district goes into creeks which go into Maryland’s river and then into the bay.

    Is she a good delagate? I don’t know - probably. Does she have any background for the agriculture committee? Not unless she’s been keeping that background a pretty good secret. Should “long time residents of McLean” be setting agricultural policy in Virginia? Of course not. That policy ought to be set (to the extent possible) by localities actually involved in agriculture. But that’s not the way it works in a Dillon’s Rule state. Here, long time residents of McLean sit on the agriculture committee while long time residents of jurisdictions with virtually no traffic congestion sit on the transportation committee. Meanwhile, Sen. Hangar (Hanger?) writes voting eligability legislation to protect the Commonwealth from the evils of out of state college students while opening the door for non-citizens of the country to vote.

    The present structure of state government just isn’t working despite some good people holding office in the GA.

  12. Anonymous said on 19 Jan 2009 at 4:23 pm:
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    His bill will probably “sail” through the Senate and pass. Those idiots are capable of passing or stopping legislation on just about anything. A few years ago they killed the “bottle bill” because they said the citizens were smart enough not to litter. Just look at the streets in NOVA littered with soda bottles and beer cans. I guess this doesn’t happen in the rural areas.

  13. me-n-u said on 19 Jan 2009 at 4:29 pm:
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    Harry Reids bill…. pay attention to #3

    A BILL
    To strengthen the United States economy, provide for more effective border and employment enforcement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    This Act may be cited as the `Stronger Economy, Stronger Borders Act of 2009′.


    It is the sense of Congress that Congress should enact, and the President should sign, legislation to strengthen the economy, recognize the heritage of the United States as a nation of immigrants, and amend the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) by–

    (1) providing more effective border and employment enforcement;

    (2) preventing illegal immigration; and

    (3) reforming and rationalizing avenues for legal immigration.

  14. Vigilant1 said on 19 Jan 2009 at 4:42 pm:
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    me-n-u said on 19 Jan 2009 at 4:29 pm: Flag comment

    Harry Reids bill…. pay attention to #3
    (3) reforming and rationalizing avenues for legal immigration.

    According to NumbersUSA, Reid has already introduced an immigration bill (S.9) for a total amnesty of illegals.

    Senate Majority Leader Harry Reid (D-NV) has already introduced an immigration bill (S. 9) to be used as his vehicle for a sweeping Illegal Alien Amnesty. He’s as serious as a heart attack about pushing through an Illegal Alien Amnesty and jacking up other immigration.

    I can seen them (Latinos) pouring over the border now to be included in this travesty.

  15. Groveton said on 19 Jan 2009 at 6:33 pm:
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    Just read Bob McDonnell’s “Issues” page. Nothing about illegal immigration. Is it too minor a point to put on the page?

    I also note that he went to Bishop Ireton. Not sure whether he would have gone to Mt Vernon or (heaven forbid) Groveton if he stayed in the public school system. He seems like a good egg. And he’s almost a native NoVA boy so I’ll do my best to like him.

    But - why no position on the web site, re: illegal immigration?

  16. Cheetah said on 19 Jan 2009 at 6:36 pm:
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    they should check the water up there, gotta be something in it. This is about as crazy as that stupid “dream” act where all the anchor’s get in state tuition. What’s even more crappy is that california is getting creamed in part by trying to accomodate all the freakin’ illegals and is essentially broke. I must say they did it too themselves, but that’s what happens when you accomodate illegal alien parasites.

  17. AWCheney said on 19 Jan 2009 at 7:46 pm:
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    Last U.S. citizen to leave the country, don’t forget to turn off the lights on your way out.

  18. NoVA Scout said on 19 Jan 2009 at 10:19 pm:
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    RE McDonnell - it may be because it’s a federal, not a state or local issue. I’m sure that he’s against illegal immigration. Everyone is.

    Generally agree with Groveton about the Dillon rule. It’s an abomination as applied in Virginia. It’s a primary source of shoddy governance in the problems facing Northern Virginia and, more recently, Hampton Roads.

    Hangar’s bill is, as Groveton and a couple of others suggest, about establishing residency, not citizenship. In relatively unpopulated areas of Virginia with big student populations, the bill makes good sense.

    Re Margie van der Hye (sp?): I suspect she got her committee assignments not because of the Dillon Rule or where she’s from (McLean), but because she is new and lacks seniority. She is a very smart, knowledgeable Delegate. We Rs ought to go out and find some candidates of her calibre. There are a lot of very capable people in Northern Virginia who have national and international political experience who could bring it to bear in Richmond. No reason to cede the field to the Democrats. Van der Hye is a classic example of someone who brings a lot of competence to a relatively minor job. If the Dems get in the habit of seeking these people out and running them, pretty soon they’ll own the GA.

  19. Not4Nothing said on 20 Jan 2009 at 6:23 am:
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    “Right now, illegals can qualify for instate tuition with almost no restrictions.”

    I think that this statement is incorrect. There was a move afoot at one point - Hanger was part of it - to allow in-state tuition to illegal aliens. It was pointed out to the GA that allowing in-state tuition to illegal aliens was against federal law unless the state in question allowed in-state tuition to all citizens, effectively banning out-of-state tuition, which is substantially more than in-state tuition. Most Virginia state colleges and universities would have taken a big hit. Some of the GA apparently know basic math and the bill went down.

    CA allows in-state tuition to illegal aliens, basing it on conditions like those mentioned above by me-n-u, trying to game the system by saying that the conditions allowed an illegal alien to pay in-state tuition while denying the same right to out-of-state students. Last September, a California appeals court unanimously found that the law extending lower in-state tuition rates to illegal aliens while denying it to citizens conflicts with federal law.

    I seem to remember Hanger as having some “personal” reason for supporting this bill FWIW.

  20. Hanger's Closet said on 21 Jan 2009 at 2:38 pm:
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  21. Karla H said on 22 Jan 2009 at 10:51 pm:
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    So, if I file a tax return under the name Jose Jiminez then I will receive a rebate… and an additional vote??? I think I will go for it!! About 1000 times over!! If lawbreaking is legal, then I can get into it. (if you can’t beat ‘em, join ‘em ;^)

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