
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1973aa-1]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                     CHAPTER 20--ELECTIVE FRANCHISE
 
                 SUBCHAPTER I-B--SUPPLEMENTAL PROVISIONS
 
Sec. 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.

(Pub. L. 89-110, title II, Sec. 202, as added Pub. L. 91-285, Sec. 6, 
June 22, 1970, 84 Stat. 316.)

                  Section Referred to in Other Sections

    This section is referred to in sections 1973i, 1973aa-2, 1973aa-3 of 
this title.
