[EL] Voter who moves states *between* primary dates

[larrylevine at earthlink.net]

Let's also ask if we switch the situation could she vote in both. Same day
registration makes all sorts of things possible, particularly since
length-of-residency rules have been tumbling.

Larry

 

From: Law-election <law-election-bounces at department-lists.uci.edu> On Behalf
Of Douglas, Joshua A.
Sent: Wednesday, 19 February 2020 9:37 AM
To: Election Law Listserv <law-election at uci.edu>
Subject: [EL] Voter who moves states *between* primary dates

 

Hi everyone,

 

A question came up in my class today and I don't know the answer off the top
of my head. 

 

Let's say a student is currently registered to vote in Kentucky. She plans
to move to Ohio on May 8, right after she graduates. Ohio's primary is on
March 17, so she can't vote there, even though she will be able to vote in
Ohio in November 2020.

 

Kentucky's primary is May 19. She will no longer be a resident of Kentucky
on that date.

 

Is she essentially in a void where she can't vote in any primary this year? 

 

It is possible that 52 USC 10502(e)
<https://www.law.cornell.edu/uscode/text/52/10502>  applies, though the text
of that provision says "choice of electors for President and Vice
President," which would suggest it does not apply to primaries:

 

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.

 

Does anyone have any other insights on this question?

 

Thanks,

 

Josh

 

 

 


 
<https://ci5.googleusercontent.com/proxy/fbwhqcNL_TKJ1ugd_PcoEuRnMfK1TqINzoJ
wIjqOWvO8VxUlppZCYsi4z2mGOFUsx0KAFQ60LyB_vfQXjL1ARXcqaZmWaxvL-dLp=s0-d-e1-ft
#https://uknow.uky.edu/sites/default/files/UK-logo.png> 


Joshua A. Douglas


Thomas P. Lewis Professor of Law


University of Kentucky J. David Rosenberg College of Law


620 S. Limestone


Lexington, KY 40506


859-257-4935 


 <mailto:joshuadouglas at uky.edu> joshuadouglas at uky.edu


Twitter:  <https://twitter.com/JoshuaADouglas> @JoshuaADouglas

 

   Find me at  <http://www.joshuaadouglas.com/> www.JoshuaADouglas.com. 

 

 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://webshare.law.ucla.edu/Listservs/law-election/attachments/20200219/b5d12220/attachment.html>