# Can I legally vote in primary elections in two states?

**URL:** <https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682>\
**Category:** Factual Questions\
**Created:** [February 28, 2020, 11:48pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682 "2020-02-28T23:48:14Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![iamthewalrus\_3](https://avatars.discourse-cdn.com/v4/letter/i/258eb7/32.png) [@iamthewalrus\_3](https://boards.straightdope.com/u/iamthewalrus_3)\
**Post date:** [February 28, 2020, 11:48pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/1 "2020-02-28T23:48:14Z")

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I live in California right now, and our primary election is in a few days. I’m moving to Oregon in April, and their primary election is in May, with enough time that if I register to vote immediately, I’ll have registered long enough before to vote.

Am I allowed to do so?

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**Author:** ![kanicbird](https://avatars.discourse-cdn.com/v4/letter/k/5f8ce5/32.png) [@kanicbird](https://boards.straightdope.com/u/kanicbird)\
**Post date:** [February 28, 2020, 11:57pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/2 "2020-02-28T23:57:50Z")

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IDK but it raises a good point about early/absentee voting and moving.

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**Author:** ![Pixel\_Dent](https://avatars.discourse-cdn.com/v4/letter/p/bc8723/32.png) [@Pixel\_Dent](https://boards.straightdope.com/u/Pixel_Dent)\
**Post date:** [February 28, 2020, 11:59pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/3 "2020-02-28T23:59:12Z")

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Legally those are two separate elections governed by the laws of their individual states, so go for it. Just make sure you register to vote in Oregon before April 28th.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [February 29, 2020, 12:15am UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/4 "2020-02-29T00:15:24Z")

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IMHO that might be a little iffy, ethically speaking, but I wouldnt condemn you for it.

It appears to be legal, but IANAL.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [February 29, 2020, 1:47pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/5 "2020-02-29T13:47:09Z")

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IANAL, but… Who can vote is (usually) explicitly laid out in the laws of the region. If you are legally entitled to vote, why not? (is this just the presidential election, or is it for assorted other positions?)

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [February 29, 2020, 2:33pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/6 "2020-02-29T14:33:21Z")

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> [@md2000](#):
>
> (is this just the presidential election, or is it for assorted other positions?)

Both Oregon’s and California’s primaries are for all positions.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [February 29, 2020, 3:08pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/7 "2020-02-29T15:08:39Z")

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I vote in two different countries and it seems to be legal. But only for federal elections in the US.

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [February 29, 2020, 4:26pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/8 "2020-02-29T16:26:41Z")

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> [@Hari\_Seldon](#):
>
> I vote in two different countries and it seems to be legal. But only for federal elections in the US.

I didn’t know Trantor had elections. I thought it was an empire.

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**Author:** ![KneadToKnow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kneadtoknow/32/3999_2.png) [@KneadToKnow](https://boards.straightdope.com/u/KneadToKnow)\
**Post date:** [February 29, 2020, 4:38pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/9 "2020-02-29T16:38:03Z")

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> [@Pixel\_Dent](#):
>
> Legally those are two separate elections governed by the laws of their individual states, so go for it. Just make sure you register to vote in Oregon before April 28th.

And don’t rely on Motor Voter to do it for you. [This page](https://sos.oregon.gov/blue-book/Pages/state/elections/voting.aspx) states plainly that if you are planning to vote in something within 2 months, register by another means.

> [@](#):
>
> There are three ways to register to vote in Oregon, Oregon Motor Voter—automatic voter registration, online voter registration and paper registration.
> 
> …
> 
> [Motor Voter] takes approximately three weeks until it is effective. If an election will occur in the next two months, one of the other methods of registering to vote should be used to ensure the voter will be eligible to vote.

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**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\
**Post date:** [February 29, 2020, 6:08pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/10 "2020-02-29T18:08:41Z")

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They are two separate elections, so as long as you are a legal resident on election day, you can vote in that state.

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**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\
**Post date:** [March 1, 2020, 9:51pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/11 "2020-03-01T21:51:00Z")

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> [@dtilque](#):
>
> I didn’t know Trantor had elections. I thought it was an empire.

The second foundation is a republic.

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**Author:** ![RioRico](https://avatars.discourse-cdn.com/v4/letter/r/f04885/32.png) [@RioRico](https://boards.straightdope.com/u/RioRico)\
**Post date:** [March 1, 2020, 10:25pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/12 "2020-03-01T22:25:43Z")

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> [@Hari\_Seldon](#):
>
> The second foundation is a republic.

“Republic” doesn’t necessarily imply “democracy”. Venice was a (most serene) republic too but I don’t think elections happened. Elections in Kim’s DPRK give foregone results. I forget if Asimov’s republics’ representatives were selected by popular votes or by leading families and power groups.

As mentioned upthread, primaries are state affairs, so legal residency in each state at their primary time gives you the franchise in each. But I wonder about two-state votes in the general election. Suppose that on 10 October I reside in state X which mails ballots a month before the November general election. I submit that ballot. Then on 11 October I move to my new home in state Y with same-day registration. I vote in that state on election day. The only names shared on those ballots are the Prez and Veep candidates. Have I broken any laws?

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [March 1, 2020, 11:00pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/13 "2020-03-01T23:00:04Z")

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That’s still two separate elections, in two separate states. Remember, you’re not voting for President. You’re voting for your state’s slate of electors. A state can choose any criterion at all for selecting its electors, as long as it satisfies the requirement of “a republican form of government”. If two different states establish criteria which are consistent with you voting in both of them, there’s nothing wrong with that.

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**Author:** ![dtilque](https://avatars.discourse-cdn.com/v4/letter/d/d6d6ee/32.png) [@dtilque](https://boards.straightdope.com/u/dtilque)\
**Post date:** [March 1, 2020, 11:27pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/14 "2020-03-01T23:27:43Z")

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Conceivably, you could vote in multiple states, since about 20 of them have [same day registration](https://ballotpedia.org/Same-day_voter_registration) and 38 allow some kind of [early voting](https://ballotpedia.org/Early_voting).

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**Author:** ![Tim\_T-Bonham.net](https://avatars.discourse-cdn.com/v4/letter/t/46a35a/32.png) [@Tim\_T-Bonham.net](https://boards.straightdope.com/u/Tim_T-Bonham.net)\
**Post date:** [March 1, 2020, 11:44pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/15 "2020-03-01T23:44:19Z")

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> [@RioRico](#):
>
> As mentioned upthread, primaries are state affairs, so legal residency in each state at their primary time gives you the franchise in each. But I wonder about two-state votes in the general election. Suppose that on 10 October I reside in state X which mails ballots a month before the November general election. I submit that ballot. Then on 11 October I move to my new home in state Y with same-day registration. I vote in that state on election day. The only names shared on those ballots are the Prez and Veep candidates. Have I broken any laws?

With the increased use of early voting/absentee voting, this brings up another possibility: what if a voter fills out and mails in their ballot in late October, and then dies before the November election – is their vote counted?

Here in Minnesota, the answer is probably yes, because nobody checks the absentee ballots against recent deaths. In large cities, the ballot would get counted unnoticed. Only in small towns would an election judge happen to notice that this ballot is from Grandma Jones, who just died last weekend. And the sentimental feeling may lead them to count that ballot anyway.

But the technical legal answer is that an absentee ballot should not count if the voter died before election day. (Seems a bit unfair – if a voter dropped dead on the way out of the polling place, their vote is still counted.)

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [March 2, 2020, 1:32am UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/16 "2020-03-02T01:32:53Z")

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> [@RioRico](#):
>
> As mentioned upthread, primaries are state affairs, so legal residency in each state at their primary time gives you the franchise in each. But I wonder about two-state votes in the general election. Suppose that on 10 October I reside in state X which mails ballots a month before the November general election. I submit that ballot. Then on 11 October I move to my new home in state Y with same-day registration. I vote in that state on election day. The only names shared on those ballots are the Prez and Veep candidates. Have I broken any laws?

It would likely depend on your state’s law regarding eligibility to vote. I looked through my state code and could only find this:

> [@W.Va. Code§3-1-3. Persons entitled to vote.](#):
>
> Citizens of the state shall be entitled to vote at all elections held within the precincts of the counties and municipalities in which they respectively reside. But no person who has not been registered as a voter as required by law, or who is a minor, or who has been declared mentally incompetent by a court of competent jurisdiction, or who is under conviction of treason, felony or bribery in an election, or who is not a bona fide resident of the state, county or municipality in which he or she offers to vote, shall be permitted to vote at such election while such disability continues, unless otherwise specifically provided by federal or state code. Subject to the qualifications otherwise prescribed in this section, however, a minor shall be permitted to vote only in a primary election if he or she will have reached the age of eighteen years on the date of the general election next to be held after such primary election.

So it would seem to me that so long as I reside in the state during the early voting period, I could legally cast a vote. If I moved to another state, then I would of course have to check that state’s law before voting.

> [@Tim\_T-Bonham.net](#):
>
> With the increased use of early voting/absentee voting, this brings up another possibility: what if a voter fills out and mails in their ballot in late October, and then dies before the November election – is their vote counted?
> 
> Here in Minnesota, the answer is probably yes, because nobody checks the absentee ballots against recent deaths. In large cities, the ballot would get counted unnoticed. Only in small towns would an election judge happen to notice that this ballot is from Grandma Jones, who just died last weekend. And the sentimental feeling may lead them to count that ballot anyway.
> 
> But the technical legal answer is that an absentee ballot should not count if the voter died before election day. (Seems a bit unfair – if a voter dropped dead on the way out of the polling place, their vote is still counted.)

I again checked my state’s law and didn’t see anything about how election day contains some sort of magic, except that is the cutoff point for voting. With the early voting period, wouldn’t that count as one looooong election day for death purposes? So if a voter died in late October after casting an early vote, I’m not seeing why that would be any different than a system without early voting where the voter died at 1:30pm on election day.

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**Author:** ![Triskadecamus](https://avatars.discourse-cdn.com/v4/letter/t/b19c9b/32.png) [@Triskadecamus](https://boards.straightdope.com/u/Triskadecamus)\
**Post date:** [March 2, 2020, 2:36am UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/17 "2020-03-02T02:36:30Z")

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When I moved from Virginia to North Carolina, I went to the Registrar’s office and asked for the appropriate form to unregister as a resident of the Commonwealth, and City of Fairfax. He looked up the appropriate form number, an located a copy of the form. He mentioned to me that I was the first person in his career who had ever filed to unregister. Seven years later, I am still regularly contacted by the Commonwealth about election information. although it comes In email. I deliberately made all my address updates individually, and did not file any forward information with the Postal Service.

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**Author:** ![RioRico](https://avatars.discourse-cdn.com/v4/letter/r/f04885/32.png) [@RioRico](https://boards.straightdope.com/u/RioRico)\
**Post date:** [March 2, 2020, 3:56am UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/18 "2020-03-02T03:56:13Z")

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> [@dtilque](#):
>
> Conceivably, you could vote in multiple states, since about 20 of them have [same day registration](https://ballotpedia.org/Same-day_voter_registration) and 38 allow some kind of [early voting](https://ballotpedia.org/Early_voting).

Maybe this is a game or AI matter, but can we craft a procedure for the most presidential ballots to be legally cast? We’d likely need states with brief residency requirements.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [March 2, 2020, 4:30pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/19 "2020-03-02T16:30:41Z")

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> [@RioRico](#):
>
> Maybe this is a game or AI matter, but can we craft a procedure for the most presidential ballots to be legally cast? We’d likely need states with brief residency requirements.

Nitpick. If we are doing it legally, then we cannot just compute how many states we could travel to and vote.

If we have to declare that we are residents of the state, that is living there with the intent of doing so indefinitely, then we would be committing perjury or false swearing on the form declaring ourselves to be residents if our intention was to book town after voting and go on to the next state.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [March 2, 2020, 4:36pm UTC](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682/20 "2020-03-02T16:36:29Z")

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But how long a period counts as “indefinitely”? And what if there are circumstances outside of the voter’s control which cause the moves (like a capricious employer with operations in multiple states), but which just happen to correspond to the optimal moves?

[Next page](https://boards.straightdope.com/t/can-i-legally-vote-in-primary-elections-in-two-states/848682.md?page=2)
