Voting rights during foreclosure

From Ballotpedia

The following are laws in each of the fifty states on and federally in the event of a home foreclosure.

Federal law

Any citizen regardless of their living status is given the right to vote in a federal election (including Congress, US Senate, and the President of the United States). This right is protected under the Voter Registration Act of 1965^[1].

Since there has been a increase of fears and assertions in the midst of the subprime crisis of 2007 and 2008 that voters may lose their right to vote on caging and purging schemes in Michigan, Congressman Dennis Kuncinch of Ohio has proposed federal legislation called the Forclosure Voting Rights Law of 2008 to protect voters rights in the event of a forclosure to strengthen the Voter Registration Act of 1965^[2].

State laws

Alabama

Voters rights during foreclosure in the State of Alabama are protected in that there is no durational residency requirement in the State of Alabama stating that a voter is required to live in precinct or county for a set amount of time, although Alabama requires all registred voters to be Alabama voters.

All voting registration is cut off at 10 days to go until the election is commenced^[3]. In Alabama, provisional ballots are only issued if a voter's name is not on the poll list, the provisional ballot will be counted only if the county board of registrars is able to confirm, after the election, that you are a duly qualified elector of the county.

A provisional ballot is voted the same as any other ballot except you must sign an affidavit attesting to your eligibility to vote^[4].

Alaska

In the State of Alaska, there are strict laws in the event of a home forclosure as Alaska requires any voter to be a resident of the State of Alaska AND the election district the voter intends to vote for at least 30 days before Election Day AND be Registered before the election registration deadline (30 Days Before Election) AND not registered to vote in another jurisdiction.

Alaska only allows provisional voting if the voter does not have identification or are not personally known by the election official, or if the voter does not appear on the precinct register at the polling place where you are attempting to vote. The voter will have to vote a provisional ballot that will be delivered to a regional election office for verification of eligibility before being counted^[5].

Arizona

In Arizona, a voter up to 29 days before an election in the event of a home foreclosure can re-register to vote. If the foreclosure happens after the registration deadline, a voter can cast a provisional ballot in the event a voter moves to a new precinct. The voter is given a provisional voter receipt with information on how to verify the status of the voter's' provisional ballot^[6].

Arkansas

In Arkansas, a voter that is facing home foreclosure is eligble to vote as long the voter has been a resident of [{Arkansas]] for thirty-one days as long Not the voter is registered in another county in Arkansas or another state. Arkansas law does not have a durational requirement stating how long a voter needs to live in a certain county and precinct in order to vote in any election.

Arkansas allows provisional balloting if your the voter is not on the precinct voter registration list, the election official shall permit you to vote only under the following conditions:

• The Voter identifies him or herself by stating their name, date of birth and that they are verified by the county clerk as a registered voter within the county
• The Voter affirms their current residence and the election official verifies with the county clerk that their residence is within the precinct
• The Voter completes an updated voter registration application form
• The Voter signs the precinct voter registration list

If a voter is not listed on the precinct voter registration list and the election official is unable to verify their registration with the county clerk and the voter contends that they are eligible to vote, then voters may vote a challenged ballot which shall only be counted upon verification of the voter's registration status by the county board of election commissioners prior to certification of the election^[7].

California

Under California law, residents who have moved to another residence after foreclosure must re-register to vote. To register and receive a polling place and sample ballot, voters must register by Monday October 13, 2008. The final deadline to register is Oct. 20, 2008 but those people will not receive a sample ballot. Any voter that has dealt with a forclosure after the October 20th deadline would still be able to vote, but only for Federal races protected under federal law. The votes will be counted as provisional as long as a voter gives an exact location to their local election's office on where they are living^[8].

Colorado

Under Colorado Law, Residency for the purpose of voting means the principal or primary home of a person so it is imperative a voter must have a residence in order to register to vote. Colorado mandates that a voter must be at their present address at least 30 days before the election ^[9].

Connecticut

In the State of Connecticut, voters rights during forclosure are protected on the basis of Connecticut Law that states a voter must be a resident of Connecticut. There is no law in Connecticut that mandates how long a person should live in state or in certian county or precinct in order to vote in the 2008 elections.

The voter registration deadline in Connecticut is fourteen (14) days before the election by mail and seven (7) days before the election by in-person^[10].

In Connecticut provisional ballots are issued

• Appear at the polling place and declare that you are a voter in the municipality, and the voter is eligible to vote in the primary or election for federal office in the polling place, but their name does not appear on the official registry list for the polling place; and
• The Registrars determine that the voter cannot be restored to the voting listunder section 9-42 or transferred from another polling place under section 9-35 of the Connecticut general statutes; or
• The Moderator decides that your name appears on the registry list and you have been challenged pursuant to sections 9-232 to 9-232(f), inclusive, of the general statutesand you are not eligible to vote in the primary or election for federal office; or
• Any first-time voter required to produce identification, who is unable to do so; and Individuals who vote after the polls close in an election for federal office as a result of a federal or state court order, or any other order extending the time

established for closing the polls by a state law in effect 10 days before thedate of that election^[11].

Delaware

In Delaware in the event a voter is facing a forclosure, a voter must show proof of residence in order to vote in an election. Delware cuts off registration 20 days before the election. A provisional ballot in Delaware is only given if the voter's name does not appear on the official poll list, the voter may be able to vote by updating the record of a name or address change or by provisional ballot. Provisional ballots cover only federal offices such as President, Vice President, US Senate and US Congress. To be permitted to vote on a provisional ballot, the voter will be asked to sign an affidavit that says that the voter is a registered voter in that election district and that the voter is eligible to vote in that election. If a federal or state court order extends the time established for closing the polls, votes cast after the normal poll closing time will all be by provisional ballot^[12].

District of Columbia (DC)

In the District of Columbia (DC), if a voter faces the event of a home forclosure, as long a voter is registered before the 30 day before the election deadline. In DC, if they move after the 30 day deadline no one is denied the right to vote in the event of a forclosure, as a voter must be given a special (provisional) ballot^[13].

Florida

In Florida in the event of a forclosure, if a voter moves their residence outside their assigned precinct, the voter must cast their ballot in the precinct to which they have moved. If the voter moves, the voter must notify the supervisor of elections by providing a signed voter registration application indicating the address change. Generally, a voter cannot vote in any precinct other than the one in which you live and are registered. However, if a voter is temporarily living outside their home county, the voter can apply to be registered and vote in the precinct that contains the main office of the supervisor of elections. These voters will not be registered to vote in municipal elections but entitled to the right to vote in Federal Elections as mandated by Federal Elections Law. If a voter has not already provided change of address information to the supervisor of elections prior to the election, the voter will be required to provide that information before they can vote. In order to avoid delays at the polling place, a voter should update their address whenever they move. A voter may re-register until the registration books will be closed on the 29th day before each election and will remain closed until after that election. Voters must be registered for at least 29 days before a voter can vote in an election. The date the voter's registration application is postmarked or hand delivered to their county supervisor of elections, the Division of Elections, a driver's license office, a voter registration agency, or an armed forces recruitment office will be the voter's registration date. If a voter application is complete and they are qualified as a voter, a registration information card will be mailed to you. When the registration books are closed for an election, voter registration and party changes will be accepted, but only for the purpose of subsequent elections^[14]. (See sections 97.053, 97.055, 97.1031 and 101.045,Florida Statutes)

Georgia

In Georgia, if you vote in the and face forclosure you must be a legal resident of the State of Georgia and the county a voter intends to vote in the State of Georgia.

Voter registration deadline in Georgia is thirty (30) days before the election, but if a voter moves the voter must notify their county's Board of Registrars on which county the voter moved to. If the voter moved within the same county in which they are registered to vote and do not notify the registrar at least 30 days prior to an election, the voter may vote in their old polling place for that election. The voter must file a notice of the voter's new address. This can be done by writing to their county board of registrars, or by submitting a new voter registration application. If a voter moves outside the county in which you are registered to vote in excess of 30 days prior to an election, the voter has lost your eligibility to vote in the county of their old residence. The voter must reregister to vote in their new county of residence. If the voter does not re-register to vote by the deadline, you cannot vote in that particular election^[15].

Hawaii

Idaho

In the State of Idaho, if a voter faces the event of a forclosure, a voter must be a resident of the State of Idaho AND they county they intend to vote in for (30) thirty days while the voter registration deadline is (25) twenty-five days before the election. A provisional ballot is granted if the voter provides proof of residence and valid photo identifcation^[16].

Illinois

A person's right to vote in the State of Illinois in the event of a home forclosure will depend on their voter registration status as far for how they can vote for state and local races. According to the Illinois Elections Board, any citizen regardless of living situation is granted the right to vote for Federal Elections including US Senate, US House, and President. For a voter to register in state races including Governor, Attorney General, Comptroller, Treausrer, State House of Representatives, and State Senate will be depending on where they are living currently.

Illinois Law States:

In order to vote in the November 4th election, the last day for voters to update their address with the Illinois Board of Elections is October 7, 2008. Voters who have recently moved or will be moving soon and have not yet notified the Illinois Board of Elections of their new address have the following options to vote in the November election:

• Voters who moved within 27 days of the election in the same precinct can vote a full ballot by signing an affidavit.

• Voters who moved more than 30 days before the election within the same election jurisdiction, but outside of their precinct, and did not transfer their registration can vote on a ballot for federal offices only after completing an address correction form.

• Voters who moved within 30 days before the election outside of their precinct, but still live in the state, and did not transfer their registration, can vote a full ballot in their old polling place after completing an affidavit^[17].

Indiana

In the State of Indiana, there are interpertations to its voter registration laws in the event of a forclosure.

If a voter is facing a forclosure and lives in a non-traditional residence, it is OK for the voter to be registered and fully voting. A voter just has to simply draw a map on the voter registration application indicating where a voter lives and list a mailing address within the county that can be used to mail your notification that you are registered.

However, Indiana law states on address changes that a voter must indicate on the voter registration from that it is a change of address and it must include the voter's address. A voter can use a mail-in form or do this in-person at any county voter registration office. It is important that a voter can do this so the Indiana Secretary of State can cancel the old registration. Indiana law also states that if a voter moved in the last 29 days before the election, they can still do so by contacting their county voter registration office. If a qualified voter moved more than 29 days before the election and did not change their registration before the deadline, they would will not be eligible to vote at your former address unless a voter qualifies under special procedures. It is important that voters contact their local voter registration office in Indiana for more details under special situations ^[18].

Iowa

Iowa has its laws set in the event of a forclosure depending on the situation a person is in. If a voter did not pre-register to vote before the voter registration deadline, a voter can go to the polling place for the address where the voter currently lives and register and vote on Election Day. A voter will need to show proof of identity and proof of your current residence. The best form of identification is a valid Iowa driver's license with your current address printed on it. All forms of photo ID must be current, valid, and contain an expiration date.

If a Iowa driver's license has a former address on it (and is not expired), a voter may use the license as proof of identity and use one of the following to prove your residence if it contains your name and current address:

• Residential lease
• Property tax statement
• Utility bill
• Bank statement
• Paycheck
• Government check or Other government document.

If a voter does not have an Iowa driver's license, a voter can provide one of the following as proof of identity if it contains a voter's photo and an expiration date:

• An out-of-state driver's license,
• Non-driver identification card
• US passport
• US military ID,
• ID card issued by employer, or
• Student ID issued by Iowa high school or college.

If a voter does not have proof of identity and residence, a registered voter in the precinct may attest to a voter's identity and residence. Both the voter and the attester will be required to sign an oath swearing the statements being made are true. Falsely attesting or being attested for is registration fraud and is a class "D" felony, punishable by a fine of up to $7500 and up to 5 years in prison. Registration fraud also includes falsely registering to vote, attempting to falsely register to vote, and registering to vote in more than one precinct. If you do not have proof of identity and residence and do not have anyone who can attest to your identity and residence, you will be allowed to vote a provisional ballot.

After the election, all voters who registered to vote on Election Day will be sent a notice by mail. If this notice is returned as undeliverable, a forwardable notice will be mailed to the voter. If the county auditor does not receive a response to that notice within 14 days, the auditor will notify the county attorney and secretary of state for investigation and possible prosecution^[19].

Kansas

Kansas has no residency requirement for voting registration making it impossible for any political operative to challenge someones voting registration on the basis of forclosure^[20]. In Kansas, only a poll worker employed by the local municpality or the county election office can challenge a ballot and make it provisional.

Kentucky

In Kentucky, there is not a lot of leeway in the law as Kentucky Law states that that if they have moved recently, they need to update their voter registration by the final voter registration deadline so that they are allowed to vote on election day. In particular, if a voter has moved from one county to another prior to the voter registration books closing and he or she does not update his or her voter registration after the final voter registration deadline, that voter will not be allowed to vote in the general election^[21].

Louisana

In the State of Louisana, if a voter is facing a home forclosure a voter first must be registered in the State of Louisana for Thirty (30) Days before the election.

In the case of a provisional ballot, a voter must be a registered voter in the parish where they vote and eligible to vote in the election for federal office for your provisional ballot to be counted. If a voter is not registered to vote in Louisiana, and they enter a precinct to vote, they will be given a paper provisional ballot for federal offices only. The voter will not be permitted to vote on the state, local, or municipal offices, propositions, or constitutional amendments. If a voter is required to vote a paper provisional ballot for federal offices only, the voter will be required to sign a voter identification affidavit and the voter will be permitted to vote on the voting machine on the state, local, or municipal offices, propositions, or constitutional amendments.

If a voter casts a paper provisional ballot for federal offices only, the voter's provisional ballot may or may not be counted^[22].

Maine

In the State of Maine, voters are protected in the case of a forclosure on protections in Maine's voting law. First, if a voter is registred to vote in Maine, their registration cannot be turned away (Title 21-A, Section 111). In the event of a forclosure, a voter from Maine cannot be turned away from the polls as a Maine voter must be given a challenged ballot. If satisfactory proof of identity and residency cannot be provided, the person's name must be placed on the voting list and the person will cast a challenged ballot. Further inquiry as to the person's eligibility may be made after the election. (Maine Law-Title 21-A, Sections 121, 161 and 673). Maine is a same-day registration state allowing its voters to vote, but the voter must show proof of residency at the time of registration and ID^[23].

Maryland

Maryland only allows any elections judge or political operative to challenge a voter registration on the basis on the voters idenity. No citizen is ever denied the right to vote on a forclosed home^[24]. Attorney General Doug Gansler issued an memo to all elections officials informing them of voting rights in the event of a forclosure^[25]

Massachusetts

Massachusetts law allows for voters rights to not be interrupted in the event of a home forclosure, in Massachusetts there is no durational residency requirement stating how long you must live in the Commonwealth of Massachusetts or in a certian county or precinct.

Michigan

If a voter is facing the event of a home forclosure in the State of Michigan, Michigan requires a resident to be an legal resident of the State of Michigan and the City or Town they are voting in for (30) thirty days.

Address changes can be done at any time when applying for a driver's license or government assistance as it is allowed under Michigan state law. Michigan voters must use the same residential address for voter registration and driver's license purposes. Consequently, if you submit a driver's license address change, it will be applied to your voter registration. Similarly, if you submit a voter registration address change, it will be applied to your driver's license.

Provisonal ballots are only allowed in Michigan if a voter does not have photo ID^[26].

Mississippi

Mississippi law states in the event of a home forclosure, voters must be registered (30) Thirty days before the election, however in the event of an address change, a voter must go to their respective muncipal clerk's office to make the address change as the address change can be done at anytime.

In the State of Mississippi, in order to vote a resident MUST be a Resident of the the State of Mississippi and the City or Town you live in for thirty (30) days.

There is limited provisional balloting in the State of Mississippi only in rare circumstances^[27].

Missouri

Missouri's residence law in the matter of a forclosure states that:

If a voter moves a different address within the same county that voter is permitted to change their registration address on Election Day at their new polling place or the central polling location(Municipal Clerk's Office). It is recommended that voters who move contact their local election official with any address changes prior to Election Day in order to determine your assigned polling place.

In order to change your address if you move outside the boundaries of the election jurisdiction in which you were previously registered, you will need to fill out a new voter registration application.

If a voter moved before the final deadline to register for an election a voter must complete a new registration prior to the final registration deadline in order to be eligible to vote a full ballot the voter's new jurisdiction. If a voter moved after the registration deadline, a voter will be entitled to vote a limited ballot containing only federal (which is guranteed by law) and statewide (under Missouri Law) candidates and issues once when a voter submits a completed voter registration application in person with the local election authority. People moving from one election jurisdiction to another prior to the registration deadline who fail to register to vote by the registration deadline will not be able to vote in that particular election.

If yoa voter moved to Missouri after the deadline to register for a presidential election, you are entitled to register and vote only a guarnateed ballot for Federal Races only including President, US House of Representatives, or US Senate^[28].

Minnesota

Minnesota law prohibits any citizen or political operative from challenging a voter registration on the basis of a home forclosure. Minnesota follows Federal Procedure in which only an elections judge or other elections official may cancel a voter's registration for reasons of residency only if the elector has either (1) confirmed in writing that he or she has moved to a different jurisdiction, or (2) failed to respond to a forwardable notice sent by a board of elections and failed to vote at the two subsequent general elections for federal office^[29].

Montana

Montana is moderatley restrictive in the event of a home forclosure as Montana is a same-day registration state. Montana law requires that a voter must be a resident of Montana AND the County in which they intend to vote for (30) thirty days.

Montana has limited provisional balloting only allowed in limited circumstances and only on the basis of identity can a provisional ballot be allowed in the event of a challenge by an operative or elections judge^[30].

Nebraska

In Nebraska, no voter will be denied the right to vote in a election due to a home forclosure. Under Nebraska law, a voter's residence is that place at which a voter has established a home, where the voter is habitually present, and to which, when you depart, you intend to return.

Leaving for temporary purposes, such as military service or school attendance or any other reason will not result in a change of residence for voting purposes. However, any permanent change in your residence or address will require a voter to re-register to vote^[31].

Nevada

As Nevada leads the nation in home forclosures per capita, Nevada citizens are never denied the right to vote on the basis of a home forclosure. If a voter faces a forclosure a voter must sign an oath firm affirming their residence as far of their right to vote in election for statewide races, however Federal law prohibits anyone from voting in a Federal Race (Congress, Senate) due to a forclosure^[32].

New Hampshire

In the State of New Hampshire, there is no durational residency requirement, therefore if a voter is facing home forclosure they do not have to worry about losing their voting rights. A voter may register as soon as they move into their new community along with that a voter in New Hampshire may also register before 5:00pm in person on Election Day. There is NO Provisional balloting in New Hampshire^[33].

New Mexico

In New Mexico, if a voter faces foreclosure voters are safe as long as they can verify their name, as well as the address for which they are registered^[34]. New Mexico only allows provisional ballots if eligible for verification if cast in correct jurisdiction. Voters will be issued a provisional ballot if their name does not appear on the roster or they do not provide the required identification as listed under New Mexico law^[35].

New Jersey

In the event of a forclosure, New Jersey requires any eligble voter to become a reisdent of their county for thirty (30) days before the election in order to vote. New Jersey's voter registration deadline is twenty-one (21) days before an election. If a voter moved to somewhere in the same county and they did not tell the county commissioner of registration in time before the election they are eligble to cast a provisional ballot.

If required to cast a provisional ballot, a voter in New Jersey must complete the provisional ballot affirmation statement that is on the provisional ballot envelope affirming the voter's residence or they ballot will not be counted^[36].

New Jersey law prohibts any operative or electons officla from challenging a voter because of the voter’s race, ethnic origin, expected manner of voting, or because the voter lives in a particular ward, housing complex, or section of a town^[37]. This means no operative or elections poll worker can challenge a voter on the basis of a home forclosure. A challenge to a registered New Jersey voter is only allowed if only the challenger believes the voter is not qualified to vote and has information to prove it beyond a reasonable doubt(example: the challenger has information that the voter has moved away and should not be voting at that polling place.)^[38].

If voter is challenged and not allowed to vote, the board workers must tell you that you can go to court on election day to seek permission to vote^[39].

New York

In New York state, a voter is eligble to vote if a voter is a resident of New York state for (30) Thirty days before the election and not claiming the right to vote in another precinct or another county.

North Carolina

North Carolina has a strict law that a voter can only re-register or change addresses twenty-five (25) days before the election and must be a resident of the State of North Carolina AND the county they live in North Carolina for thirty (30) days in the event of a forclosure^[40].

North Dakota

With North Dakota being the only state in the nation that does not require voter registration, it is impossible for any person to challenge someone on the basis of a forclosure to deny a citizen the right to vote^[41]. North Dakota law dictates that a person must be a resident thirty (30) days before the election, but rarely a voters gets denied the right to vote due to residency.

Ohio

On September 24, 2008 Jennifer Brunner the Ohio Secretary of State Issued an Advisory that would not allow any county elections board official or political operative from denying a citizen to vote on the basis of a home forclosure^[42]. Under the federal National Voter Registration Act, a county board of election may cancel a voter's registration for reasons of residency only if the elector has either (1) confirmed in writing that he or she has moved to a different jurisdiction, or (2) failed to respond to a forwardable notice sent by a board of elections and failed to vote at the two subsequent general elections for federal office^[43].

Oklahoma

In the event of forclosure most voter registration is permanent, however some voter registrations are canceled. The county election board may cancel a registration if the voter moves and registers again in another county or in another state or if the voter does not respond to correspondence from the county election board and does not vote for more than four years. However, voter identification cards cannot be issued during the 24 days prior to an election. If a voter's registration application is received by the county election board during the 24 days before an election a voter will not recieve a voter identification card until after the election^[44].

Oregon

Oregon laws dictate in the event of a home forclosure, a voter must be registered (21) twenty-one days before the election. There is no durational residency requirement in Oregon requring how long a voter must live in the State of Oregon or in their county, city or precinct.

Provisional balloting is allowed if there is a question about a voter's eligibility as a voter (for example, there is no evidence on file that you are an active or inactive voter or an address change). If this happens a voter will need to vote at a county elections office; in a county other than the one in which you the voter lives, the voter will be issued a provisional ballot. In order to obtain a provisional ballot, a voter will need to fill out a provisional ballot request form at the county elections office. The provisional ballot will not be counted until it is determined that you are eligible to vote. If it is determined that the voter is ineligible to vote in this election, the completed provisional ballot request form will serve as their voter registration for future elections^[45].

Pennsylvania

Under Pennsylvania law, if a voter faces the event of a home forclosure, a voter must be a resident of Pennsylvania AND the election district in which you want to register and vote for at least 30 days before the next primary, special, municipal, or general election. This means, a voter must reside in their precinct for (30) thirty days before the election. A voter may not have the right to vote if they move to a different district/precinct past the thirty day requirement^[46].

A provisional ballot may only be granted in Pennsylvania if an elections official asserts that you are not eligible to vote in the electon or if a voter appears to vote and claims to be properly registered and eligible to vote in the election district but the voter's name does not appear on the district register (poll book) and elections officials cannot determine your registration^[47].

Rhode Island

Rhode Island's laws protect voters in the event of a home forclosure. As long the voter has been registred before the 30 day deadline before the election, there will be no affect to voting rights as long the voter resides in the town or city they wish to vote in. A provisional ballot in Rhode Island can only be issued on a ballot challenge if it is a challenge on the voter's idenity or has not provided sufficient identification^[48].

South Carolina

South Carolina does not have a durational residency requirement so therefore no voter in the event of a forclosure risks their right to vote as they can register at anytime^[49].

South Dakota

South Dakota law only allows a ballot challenge on the basis of idenity or if an elections official did not catch if a voter was convicted of a felony or committed to a mental health center. Therefore a person's right to vote is guaranteed in the State of South Dakota.

Tennesee

In Tennesee, a voter facing the event of a home forclosure do not have to worry about a new address preventing a voter from casting their vote. If a resident in foreclosure moves to another county, he or she can register there until Oct. 6, 2008 the regular voting registration deadline in Tennessee. If a resident doesn't register elsewhere they can still cast a ballot in the county where the forclosure happened^[50].

Texas

In the event of a forclosure under Texas Elections Law, there is no length of residency requirement before registering to vote in Texas. To vote in an upcoming election, the properly completed voter registration form must be postmarked 30 days before the upcoming election to be valid while in-person registration must also be completed 30 days before an election.

If a voter moved within the same county where the voter is currently registered, registered voters must file the new address information in writing with their local voter registrar or a voter may submit the in county change online through the Texas Secretary of State's Office. If a voter misses this deadline, a voter may return to their old precinct to vote, but the voter will be required to complete a "statement of residence" (affidavidt) confirming your new address in your new precinct.

If a voter moved to a new county, a voter must re-register in their new county of residence to be eligible to vote in the election. If a voter misses this deadline, voters may be eligible to vote a "limited" ballot. A limited ballot is available only during the early voting period. The limited ballot application will also act as a voter registration application^[51].

Utah

Utah protects the rights of voters facing home forclosure as Utah law states that a voter MUST be a resident of the State of Utah for 30 days and has an intent to stay in the State of Utah. Utah has no law stating how long a person needs to live in a county or a precinct in order to vote.

In case of a move due to a forclosure, Utah does allow provisional balloting by a case by case basis^[52].

Vermont

Vermont law states if a voter faces forclosure, if they are registered to vote the voter does need to reregister if the voter moves to a new town. If a voter stays in the same town, there is no need to re-register. In order to be eligible to vote in a particular election, a voter's application for addition to the checklist must be received by 5:00pm the Wednesday before the day of the election. The town and city clerks' offices must be open at least from 10:00 am to 12:00 pm on this Monday. If a voter applies through the department of motor vehicles (DMV) or another voter registration agency, the voter's application must be postmarked or accepted before the second Monday before the election^[53].

If the elections judge has a question regarding a voter's eligibility, he/she may bring it before the board of civil authority (a local board that helps run elections) for a decision. If eligibility is denied, the voter's town has a process where you can appeal the decision^[54].

Virginia

Virginia law prohibits any challenge of a voter on the matter of residency or a home foreclosure. Virginia law only allows a challenge of a voter on the basis on a provisional ballot by either an operative or a poll worker claims:

• When the voter’s name is not on the pollbook, the voter believes he is registered in that precinct, and the registrar’s office cannot be contacted to verify that the voter is registered.

• When a voter who registered by mail on or after January 1, 2003, and did not mail in a copy of their ID at that time, fails to show one of the federally-required forms of ID when voting for the first time in a federal election

• When the normal voting hours are extended by court order^[55].

Washington

In Washington state, a voter must be registred (30) thirty days before the election in order to vote. If a voter moves they must re-register or transfer your registration at least 30 days before the election to be eligible to vote in their new precinct. Also, residency laws for voting in Washington State say that a resident must be a resident in the State of Washington, and the county AND precinct they live in 30 days immediately preceding the election.

However, a provisional ballot may be granted by the elections judge if an extrodinary circumstance occurs including a home forclosure after the 30 day registration deadline. If granted a provisional ballot a voter must follow procedures such as an affidavidt attesting their residence in order for the ballot to be counted^[56].

West Virginia

West Virginia law prohibits on the basis of a home forclosure of a resident being challenged^[57]. West Virginia has no durational residency requirement, but the law in West Virginia can allow a challenge for other residency related issues^[58].

Wisconsin

The Elections Division of the Wisconsin Government Accountablity Board allows any citizen who is voting in the event of a forclosure to vote in the election as the voter has an intent to return to the community where the forclosure happened.]

Wyoming

If a voter faces a forclosure in the State of Wyoming, Wyoming law allows same day voter registration although early registration up to 29 day first registration deadline is encouraged. Wyoming requires photo ID when registering and if in the event of a re-location Wyoming voters should contact their local elections official to switch their address and withdraw any other registration if possible.

Provisional ballots are only granted on challenges based on idenity^[59].

Notes