Protecting the Legal Rights of Homeless Voters
State and Federal Voter Registration Requirements & Legal Precedent
Nov 28, 2008
Every election represents a battle between ideologies wishing to expand or contract social services like subsidized housing, food stamps, and healthcare. These government programs provide a crucial safety net that helps struggling Americans recover from economic hardship. Unfortunately, those who need these services most often fail to participate in the democratic process due to numerous personal and bureaucratic barriers.
Help America Vote Act (HAVA) Identification Barriers to Registering Homeless Voters
Providing proper identification remains a major hurdle in the registration of homeless voters. The Help America Vote Act (HAVA) requires first-time voters registered by mail to provide a driver’s license number and the last for digits of their Social Security number. Homeless people with neither form of ID receive a voter ID number during registration approval, but then must show ID at the polls.
Government checks or other documents showing a name and address will suffice, but homeless persons without this documentation need to register in person at the local election office. Some states additionally require photo ID; even these states must provide provisional ballots to homeless voters without proper identification but the vote may not count without verification.
Meeting Residency Requirements for Voter Registration of Homeless
Proving residence in many jurisdictions only requires drawing a map of the intersection or underpass where the person sleeps. Other locales allow people in temporary shelters to remain registered in the precinct of their last permanent address.
State Voter Registration Requirements Relating to Homeless Voters
The following states require a mailing address for voter registration: AL, AR, CA, CO, CT, DC, DE, GA, HI, IA, IL, IN, KS, KY, LA, MA, ME, MI, MO, MS, MT, NC, NE, NH, NJ, NM, NY, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VA, WA.
These states have enacted Homeless Voting Rights statutes: AZ, CO, CT, HI, IA, IL, IN, ME, NE, OH, OR, WA, WV. Additional states have written opinions from the state Attorney General, Secretary of State, or State Elections office governing registration of homeless people.
These states require registration of voter drives or presence of a deputy registrar during the registration process: CO, DE, CO, DE, FL, HI, IL, NE, NM, WI.
North Dakota is currently unique in not requiring voter registration.
Homeless Voter Registration Legal History and Resources
These landmark cases expanded protection of voter rights for homeless people by striking down laws with restrictive definitions of residency:
Pitts v. Black, 608 F. supp. 696 (S.D.N.Y. 1984)
In re-Application for Voter Registration of Willie R. Jenkins, D.C. Bd. Of Elections and Ethics (June 7, 1984)
Fischer v. Stout, 741 P.2d 217 (Alaska 1987)
Coalition for the Homeless v. Jensen, 187 A.D.2d 582 (N.Y. App. Div. 1992)
Walter v. Reed, 752 P.2d 443 (California 1988)
How to Help Homeless People Vote
For further tips on organizing a voter registration drive at a homeless shelter or social service agency, please read "How to Help Homeless People Vote." Every qualified American, regardless of housing status, deserves the right to vote. With proper assistance navigating the voter registration bureaucracy, more disadvantaged citizens can participate in the critical process of selecting our representatives in government.
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