Short answer, Yes, I can (I think). But am I breaking the law if I vote only in one?
I’m considering buying a second home in Florida, and for the next few years, spending a few months in the winter down there, the traditional snowbird route. I’m registered to vote in NY state, and I expect to be here most of the time on Election Day, so no problem. But if this goes well, eventually I’ll want to make the Florida place my legal residence, for tax purposes among others, and I will register to vote down there. When I’m retired, if I still have both residences, I’ll probably move down there around Election Day, and come back when it starts getting too warm around there, probably in the late spring. If I vote only in one state, but make it NY or FLA depending on my travel plans, I know I’m probably breaking some law, but which one? And can I be prosecuted if I’ve only voted once each year?
This is purely theoretically–I haven’t even bought the second home yet, and was just wondering about when exactly I’d like to leave NY and when I’d like to return, and when “early November” came up I started wondering where I’d vote.
Interesting question. A fundamental question here is whether or not deciding the rules on eligibility to vote in a state is solely based on state law or whether or not there is an overriding Federal law that says that despite state laws to the contrary, you can only vote once. It might be the case that the laws on eligibility to vote differ so much between NY and FL that you might qualify under eligibility laws in both states. For example, FL might define eligibility to vote as being a US citizen who intends to make the state their permanent home, and NY might define eligibility to vote as being a US citizen who physically slept in the state at least 200 days out of the year. Bam, spend most of the year physically in NY but have an intent in the back of your mind to eventually move to FL and you qualify in both states.
To make an analogy, multiple citizenship in multiple countries usually is based on the laws of the countries involved and there are no international laws forbidding a dual US/Canadian citizen from exercising the rights of both citizenships as long as they continue to qualify for them based on the laws of the respective countries. For example, the US requires that US citizens enter the US with their US passport but will apparently allow you to travel around Africa on a Canadian passport and then use it to fly to Halifax and live there for a few years, then cross the land border into Maine with your US passport and live here.
I’m not a lawyer, but in perusing this site, it would seem to me you definitely should not be registered to vote in more than one location. That said, it’s quite possible you could be; I don’t know what kind of cross-checking goes on when one registers to vote in a second location.
The linked site (CountryVote.org) seems to be set up from New York, with a view towards voting rights and responsibilities regarding second homes within the tri-state area, but also has an “Other States” page which says in part, “If your second home is in New Jersey or Connecticut, you have the right to vote there, as long as you give up your right to vote elsewhere. The cases are cited and discussed in our Sources & References section.” But also goes on to say, “CountryVote is only just getting started, and we don’t know the law outside the tri-state area yet.”
Their Sources & References page does have some relevant citations. Apparently a key piece of the problem is the exact definition of “resident” and “residence” each state applies.
That’s what I’m asking, I guess: does Florida rigorously examine every out-of-stater’s attempt to register to vote, or do they take your word that you’ve let your previous state’s voting registration lapse or whatever?
The last time I registered to vote in a new state, the form asked me for the last place I’d been registered to vote so that they could notify the folks at the old place of the change. Not sure how things will work for registering to vote in Florida, though.
Many people are registered to vote in more than one state or location. Ever move? Ever renounce your previous registration?
You cannot pick and choose where you will vote ever year. You will be domiciled in one location, your legal residence. That is where you must register to vote, if you choose to do so.
You can only vote in Florida if you are a permanent resident of Florida. Having said that, there is no real way the state can determine whether you are voting someplace else - no federal database of where people are registered to vote, for example. There’s also no requirement to tell the Department of State where you were previously registered. Here is an example of someone (a candidate, no less) who was registered in Florida and Maryland and was turned in by her own party.
So–practically, if I have homes in both NY and FLA and some years, I’m in NY and I vote here, and other years I’m in FLA and I vote there, there’s no way they can catch me, and I haven’t committed a crime as long as I’m not voting in more than one place?
I don’t think so, no- but you would have to have manifested the desire to reside permanently in the state where you were voting or be subject to prosecution if you did get caught.
I have voted in two countries. I vote (federal offices only) in IL, where I haven’t resided in 45 years and in all elections in Canada. So I have thrice voted for Obama.
This is an interesting question. I can see one voting registration location for federal elections, but could it be possible to have two state voting registrations because of residences in two different states, and these would be for state matters only? What about municipal–if I own two houses in two different cities, do I get some voting input in both those cities?
No. “One person, one vote”. Votes can be apportioned on the basis of property* ownership* only in circumstances where representation only affects landholders - water board elections, mostly.
I don’t know if any state separates out “federal elections” (which are run by the states) from the rest; my ballot last November was a single sheet that went from president at the top left to municipal income tax referendum at the bottom right.
FWIW, I’m looking forward to voting in Florida elections–it’s been a while since my vote mattered around here. I’d love to vote against Rick Scott, against Marco Rubio, against whoever is running in the next Presidential election on the R ticket, and have my vote count for something.
Not why I’m buying a house in Florida, tho. Just a bonus.
This. It’s quite common because you don’t notify the state you used to live in that you no longer reside there. It would be illegal to actually vote in two different states, but you aren’t required to unregister if you register in a new state.
Here in Minnesota, that would be caught – all the registrations come to a Secretary or State database, and they check for duplicates.
Voting in 2 locations is only allowed for certain offices that are related to property ownership in both locations. Watershed Districts, like Really Not All That Bright mentioned. or school board referendums to increase property taxes for your local schools.
It’s pretty easy to be registered in two states for long periods of time.
I live in Virginia now, years ago I was permanently house out of state, but maintained a residence in Virginia. I registered to vote at my new home, and voted there for several years before retiring (from the military, I still work) and moving back to Virginia. When I moved back to Virginia, I was still registered to vote and was able to resume voting in the commonwealth without any real active efforts on my part. So I was obviously still registered during there during my time away.
Interestingly a few years ago I received a letter in the mail from the city where I used to live out of state. This was mailed to my Virginia address directly, not forwarded. It was a ballot for a municipal election for city council, treasurer, municipal ballot issues etc. Basically the medium size town I had been living in had adopted a pilot program where they’d be doing vote by mail and just sent mail to all of the registered voters. I have no idea on how two things happened, one being how the city had my updated address in Virginia, and two why their system didn’t disallow me as a voter and purge me once they realized my residence was in a totally different State. But yeah, I could have voted in that election despite not residing in the State in question. I didn’t, and threw the ballot away, but it’s just a good example of how backwards the actual running of our election systems are.