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

Rob Richie rr at fairvote.org
Wed Feb 19 10:04:15 PST 2020


 And apologies for spam, but I was looking at an old primary calendar when
asking my question below. Let's have my hypothetical person move from New
Hampshire to New Jersey, which indeed does still hold its primary in
June.... I assume that person can safely vote twice in presidential
primaries this year?

Rob

On Wed, Feb 19, 2020 at 12:56 PM Rob Richie <rr at fairvote.org> wrote:

> Just out of curiosity, what about another scenario? A voter who was living
> in New Hampshire and voted in its primary, then moves to Ohio in April. I
> assume that voter can vote also in the Ohio primary in June?
> Rob
>
> On Wed, Feb 19, 2020 at 12:37 PM Douglas, Joshua A. <joshuadouglas at uky.edu>
> wrote:
>
>> 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
>>
>>
>>
>> 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
>> joshuadouglas at uky.edu
>> Twitter: *@JoshuaADouglas <https://twitter.com/JoshuaADouglas>*
>>
>> *   Find me at www.JoshuaADouglas.com <http://www.joshuaadouglas.com/>. *
>>
>>
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>
>
>
> --
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Rob Richie
> President and CEO, FairVote
> 6930 Carroll Avenue, Suite 240
> Takoma Park, MD 20912
> rr at fairvote.org  (301) 270-4616  http://www.fairvote.org
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>
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-- 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Rob Richie
President and CEO, FairVote
6930 Carroll Avenue, Suite 240
Takoma Park, MD 20912
rr at fairvote.org  (301) 270-4616  http://www.fairvote.org
*FairVote Facebook <https://www.facebook.com/FairVoteReform>*   *FairVote
Twitter <https://twitter.com/fairvote>*   My Twitter
<https://twitter.com/rob_richie>

Thank you for considering a *donation
<http://www.fairvote.org/donate>. Enjoy our video on ranked choice voting
<https://youtu.be/CIz_nzP-W_c>!*
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