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U.S. Code as of:
01/19/04
Section 1973aa-1. 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
Upon the basis of these findings, Congress declares that in order
to secure and protect the above-stated rights of citizens under the
Constitution, to enable citizens to better obtain the enjoyment of
such rights, and to enforce the guarantees of the fourteenth
amendment, it is necessary (1) to completely abolish the durational
residency requirement as a precondition to voting for President and
Vice President, and (2) to establish nationwide, uniform standards
relative to absentee registration and absentee balloting in
presidential elections.
(c) Prohibition of denial of right to vote because of durational
residency requirement or absentee balloting
No citizen of the United States who is otherwise qualified to
vote in any election for President and Vice President shall be
denied the right to vote for electors for President and Vice
President, or for President and Vice President, in such election
because of the failure of such citizen to comply with any
durational residency requirement of such State or political
subdivision; nor shall any citizen of the United States be denied
the right to vote for electors for President and Vice President, or
for President and Vice President, in such election because of the
failure of such citizen to be physically present in such State or
political subdivision at the time of such election, if such citizen
shall have complied with the requirements prescribed by the law of
such State or political subdivision providing for the casting of
absentee ballots in such election.
(d) Registration: time for application; absentee balloting: time of
application and return of ballots
For the purposes of this section, each State shall provide by law
for the registration or other means of qualification of all duly
qualified residents of such State who apply, not later than thirty
days immediately prior to any presidential election, for
registration or qualification to vote for the choice of electors
for President and Vice President or for President and Vice
President in such election; and each State shall provide by law for
the casting of absentee ballots for the choice of electors for
President and Vice President, or for President and Vice President,
by all duly qualified residents of such State who may be absent
from their election district or unit in such State on the day such
election is held and who have applied therefor not later than seven
days immediately prior to such election and have returned such
ballots to the appropriate election official of such State not
later than the time of closing of the polls in such State on the
day of such election.
(e) Change of residence; voting in person or by absentee ballot in
State of prior residence
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.
(f) Absentee registration requirement
No citizen of the United States who is otherwise qualified to
vote by absentee ballot in any State or political subdivision in
any election for President and Vice President shall be denied the
right to vote for the choice of electors for President and Vice
President, or for President and Vice President, in such election
because of any requirement of registration that does not include a
provision for absentee registration.
(g) State or local adoption of less restrictive voting practices
Nothing in this section shall prevent any State or political
subdivision from adopting less restrictive voting practices than
those that are prescribed herein.
(h) "State" defined
The term "State" as used in this section includes each of the
several States and the District of Columbia.
(i) False registration, and other fraudulent acts and conspiracies:
application of penalty for false information in registering or
voting
The provisions of section 1973i(c) of this title shall apply to
false registration, and other fraudulent acts and conspiracies,
committed under this section.
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