Dual Resident Voting: Traditional Disenfranchisement and Prospects for Change

39 Pages Posted: 19 Oct 2010  

Ashira Ostrow

Hofstra University - Maurice A. Deane School of Law

Date Written: 2002

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.

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

JEL Classification: K11

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: https://ssrn.com/abstract=1694030

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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