52 USC 10502 - Residence requirements for voting

U.S Code last checked for updates: Nov 22, 2024

§ 10502.

Residence requirements for voting

(a)

Congressional findings

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)

Congressional declaration: durational residency requirement, abolishment; absentee registration and balloting standards, establishment

(c)

Prohibition of denial of right to vote because of durational residency requirement or absentee balloting

(d)

Registration: time for application; absentee balloting: time of application and return of ballots

(e)

Change of residence; voting in person or by absentee ballot in State of prior residence

(f)

Absentee registration requirement

(g)

State or local adoption of less restrictive voting practices

(h)

“State” defined

(i)

False registration, and other fraudulent acts and conspiracies: application of penalty for false information in registering or voting

(Pub. L. 89–110, title II, § 202, as added Pub. L. 91–285, § 6, June 22, 1970, 84 Stat. 316.)

cite as: 52 USC 10502