The Strength to End Homelessness Lies In The Power of YOUR Vote!

IV Legal Issues and Rights
Legal and Practical Barriers to Voting for Homeless People
While state and federal laws have eliminated some of the barriers to voting for homeless people, other
obstacles remain. Those obstacles can be overcome if people experiencing homelessness know their
rights and learn ways to overcome the barriers.
Residency and Mailing Address Requirements
Some states had previously required registrants to live in a “traditional dwelling” in order to register to
vote. Judicial decisions in court cases and the enactment of state and federal laws have eliminated that
requirement. Today, homeless individuals in all states--including those people who are living on the
streets--have the right to register and vote. When registering to vote, homeless voters only need to
designate their place of residence, which can be a street corner, a park, a shelter, or any other location
where an individual stays at night. Designation of a residential address or location of residence is
required to ensure the voter lives within the district in which she/he wishes to register and to assign the
voter to the appropriate polling location. Usually, the location of a residence may be indicated by
drawing a map or by providing a general descriptive location, if not the address of a shelter.
In addition, most states require registrants to provide a mailing address so that voter ID cards and other
election materials may be sent to registered voters. Having registrants’ mailing addresses also helps
county elections offices maintain current and accurate voter registration lists. The address provided may
be that of a local advocacy organization, shelter, outreach center, or anywhere else willing to accept mail
on behalf of a person registering to vote. Some states, like Arizona or Nebraska, allow homeless people
to use county courthouses or county clerks’ offices as their mailing address. Some states will not allow
registrants to use a P.O. Box as a mailing address. A registrant’s mailing address does not have to be the
person’s residential address.
Although the requirement to live in a traditional dwelling has been eliminated, many states still maintain
durational residency requirements for voter registration. This makes voter registration for homeless
people very difficult as they are often subject to circumstances requiring them to frequently re-locate
against their wishes. The table on page 59 outlines the state-by-state durational residency requirements as
well as the registration deadlines.
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