§10502 — Title 52 Voting and Elections | U.S. Code

Summary

People who are eligible to vote must not be kept from voting for President or Vice President because they haven't lived in a state long enough or because they are not physically in the state on Election Day. States cannot require a waiting period of residency for presidential voting. States must let people register up to 30 days before a presidential election. States must also offer absentee ballots to qualified residents who will be away on Election Day if they apply at least 7 days before the election and return the ballot by the time polls close. If someone moved into a state after the 30-day registration deadline, they can still vote for President either in person where they lived before moving (if they were eligible there when they left) or by absentee ballot from their prior residence if they meet that place’s absentee rules except for being away. Registration rules must include a way to sign up for absentee voting. States may use easier rules if they want. The District of Columbia is treated as a state here. Rules about false registration and fraud in section 10307(c) also apply.

Title 52, §10502

Voting and Elections — Source: USLM XML via OLRC

(a)The Congress hereby finds that the imposition and application of the durational residency requirement as a precondition to voting for the offices of President and Vice President, and the lack of sufficient opportunities for absentee registration and absentee balloting in presidential elections—

(1)denies or abridges the inherent constitutional right of citizens to vote for their President and Vice President;

(2)denies or abridges the inherent constitutional right of citizens to enjoy their free movement across State lines;

(3)denies or abridges the privileges and immunities guaranteed to the citizens of each State under article IV, section 2, clause 1, of the Constitution;

(4)in some instances has the impermissible purpose or effect of denying citizens the right to vote for such officers because of the way they may vote;

(5)has the effect of denying to citizens the equality of civil rights, and due process and equal protection of the laws that are guaranteed to them under the fourteenth amendment; and

(6)does not bear a reasonable relationship to any compelling State interest in the conduct of presidential elections.

(b)Upon the basis of these findings, Congress declares that in order to secure and protect the above-stated rights of citizens under the Constitution, to enable citizens to better obtain the enjoyment of such rights, and to enforce the guarantees of the fourteenth amendment, it is necessary (1) to completely abolish the durational residency requirement as a precondition to voting for President and Vice President, and (2) to establish nationwide, uniform standards relative to absentee registration and absentee balloting in presidential elections.

(c)No citizen of the United States who is otherwise qualified to vote in any election for President and Vice President shall be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to comply with any durational residency requirement of such State or political subdivision; nor shall any citizen of the United States be denied the right to vote for electors for President and Vice President, or for President and Vice President, in such election because of the failure of such citizen to be physically present in such State or political subdivision at the time of such election, if such citizen shall have complied with the requirements prescribed by the law of such State or political subdivision providing for the casting of absentee ballots in such election.

(d)For the purposes of this section, each State shall provide by law for the registration or other means of qualification of all duly qualified residents of such State who apply, not later than thirty days immediately prior to any presidential election, for registration or qualification to vote for the choice of electors for President and Vice President or for President and Vice President in such election; and each State shall provide by law for the casting of absentee ballots for the choice of electors for President and Vice President, or for President and Vice President, by all duly qualified residents of such State who may be absent from their election district or unit in such State on the day such election is held and who have applied therefor not later than seven days immediately prior to such election and have returned such ballots to the appropriate election official of such State not later than the time of closing of the polls in such State on the day of such election.

(e)If any citizen of the United States who is otherwise qualified to vote in any State or political subdivision in any election for President and Vice President has begun residence in such State or political subdivision after the thirtieth day next preceding such election and, for that reason, does not satisfy the registration requirements of such State or political subdivision he shall be allowed to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election, (1) in person in the State or political subdivision in which he resided immediately prior to his removal if he had satisfied, as of the date of his change of residence, the requirements to vote in that State or political subdivision, or (2) by absentee ballot in the State or political subdivision in which he resided immediately prior to his removal if he satisfies, but for his nonresident status and the reason for his absence, the requirements for absentee voting in that State or political subdivision.

(f)No citizen of the United States who is otherwise qualified to vote by absentee ballot in any State or political subdivision in any election for President and Vice President shall be denied the right to vote for the choice of electors for President and Vice President, or for President and Vice President, in such election because of any requirement of registration that does not include a provision for absentee registration.

(g)Nothing in this section shall prevent any State or political subdivision from adopting less restrictive voting practices than those that are prescribed herein.

(h)The term “State” as used in this section includes each of the several States and the District of Columbia.

(i)The provisions of section 10307(c) of this title shall apply to false registration, and other fraudulent acts and conspiracies, committed under this section.

Editorial Notes

Codification Section was formerly classified to section 1973aa–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

§10502 Residence requirements for voting

Summary

Title 52, §10502

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Editorial Notes

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