Abstract

http://ssrn.com/abstract=1694030
 


 



Dual Resident Voting: Traditional Disenfranchisement and Prospects for Change


Ashira Ostrow


Hofstra University - Maurice A. Deane School of Law

2002

Columbia Law Review, Vol. 102, p. 1954, 2002
Hofstra Univ. Legal Studies Research Paper No. 10-32

Abstract:     
In modern times, a large and growing number of Americans qualify as bona fide residents of two or more locales. These dual residents are subject to local taxes and ordinances and are profoundly affected by policies that concern their second-home community. Yet, in most states, individuals are prohibited from voting in more than one location through voting statutes that equate residence with domicile. Recently, the Second Circuit upheld a New York election law that prevents second-home owners from voting in both of their residential districts. This Note argues that extending the franchise in local elections to individuals who qualify as bona fide residents of a community, regardless of whether they already qualify to vote in another community, is required under the Equal Protection Clause of the Fourteenth Amendment. Such an extension is also supported by normative arguments arising from the democratic tradition of government by the consent of the governed and against taxation without representation.

Number of Pages in PDF File: 39

Keywords: Voting, Local Government, Equal Protection, Residency, Property

JEL Classification: K11

Accepted Paper Series





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Date posted: October 19, 2010  

Suggested Citation

Ostrow, Ashira, Dual Resident Voting: Traditional Disenfranchisement and Prospects for Change (2002). Columbia Law Review, Vol. 102, p. 1954, 2002; Hofstra Univ. Legal Studies Research Paper No. 10-32. Available at SSRN: http://ssrn.com/abstract=1694030

Contact Information

Ashira Ostrow (Contact Author)
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States

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