Homeless Person - Voting

The right to vote is expressly stated in the U.S. Constitution. Because most states require that a citizen have a permanent residence in order to vote, the right to vote is often denied to people who are homeless. The right to vote provides a way for a person who is homeless to be heard—by electing public officials who are sympathetic to the concerns of people who are without a home—and thus is an important right to protect.

New Jersey was one of the first states to allow people who are homeless the right to vote. The only requirement is that they meet the age and residency requirement of the state's constitution. They can satisfy the residency requirement by specifying a place they regard as home and providing the name of at least one contact who can verify their residence in that place.

By 1994, 13 states had legislation protecting the VOTING RIGHTS of people who are homeless. In Collier v. Menzel, 176 Cal. App. 3d 24, 221 Cal. Rptr. 110 (1985), three persons who were homeless listed a local park as their address on a voter-registration card. The court held that they had satisfied the residency requirement because they had indicated a fixed habitation in which they intended to remain for an extended period. In addition, even though a city ordinance prohibited camping and sleeping overnight in the park, the court held that denying the voter registration would violate EQUAL PROTECTION.