Brief Voting for People with Nontraditional Residences

Overview of the Population

In almost all instances, voting is based on where you live. While this system works well for most Americans, issues arise for those experiencing homelessness, people who consistently travel, such as those who live most or all year in recreational vehicles, and others with nontraditional housing. People who are otherwise eligible but do not have a permanent address still have the right to vote, but they may struggle with registering to vote and casting a ballot.

Virtually all states require voters to have proof of address to register to vote, as a way of establishing their residency in the state and jurisdiction. The definition of voting residency may not be the same as the definition of residency for other state-defined purposes. It may also differ from "domicile," which is often used to determine where someone lives for other state purposes. Definitions of domicile vary across states as well.

The difference between residency and domicile is not always clear. According to Black's Law Dictionary, residence is traditionally a "fixed abode where one actually lives." Domicile is the "place where a person intends eventually to return and remain." States often use the word "residence" in their election codes when they actually mean domicile. Some states make this explicit, saying that residency for voting purposes is a domicile. Others don't spell this out but use language that typically indicates domicile when describing voter residency requirements. Phrases such as "intent to remain indefinitely" or "permanently," or the "place to which a person returns after being gone" resemble a typical understanding of domicile.

In some states, voting residence and domicile are separate concepts. Some state statutes explicitly note that they are defining residency "for voting purposes only," suggesting that voting residence is not the same as domicile. Other states don't clearly say they are defining voting residence as something separate from domicile, but they don't use the terms that typically define a domicile, suggesting voter residence might be different than domicile in those states. State courts may play a role in fleshing out these definitions and differences.

Population, Registration and Turnout by State

Data focused on people experiencing homelessness or housing insecurity and people with nontraditional housing is limited due to these groups' transiency, lack of permanent address and lack of identification.

According to the Department of Housing and Urban Development, over 650,000 people-or about 1 in 500 people in the U.S.-experienced homelessness on a single night in January 2023, a 12% increase over 2022. The year 2023 had the most estimated people experiencing homelessness since reporting began in 2007.

According to the National Coalition for the Homeless, only about 10% of this group vote in a typical election year. In contrast, recent voter turnout among the general voting-eligible population is around 60%.

Homelessness rates vary by state, from 0.03% in Mississippi to 0.051% in New York and Vermont.

Note: Percentages were calculated using the 2023 Annual Homeless Assessment Report (AHAR) to Congress from the U.S. Department of Housing and Urban Development, the U.S. Census Bureau population estimates and World Bank Population Estimates. The total number of people experiencing homelessness is also included in the 2023 AHAR.

Based on data from the most recent version of the American Community Survey, the U.S. Census Bureau estimates that about 203,000 people across the nation are living in nontraditional housing such as a boat, RV or van. Finding data on the voting habits of this group is difficult. Many are continuously mobile but can vote only in their state of residence, whether in person or by an absentee/mail ballot. While they may not reside in these states full time, they may still vote there. Should they have a say in state and local politics, given that they are mostly not in residence?

Federal Requirements

As with all election policies, federal protections of the right to vote underlie state-specific residency requirements. While states retain broad authority to regulate elections, the U.S. Constitution guarantees that those election rules apply equally across the population. The 15th, 19th and 26th Amendments to the U.S. Constitution prohibit discrimination in voting based on race, sex and age (over 18). Additionally, the 24th Amendment bans poll taxes. The U.S. Supreme Court has previously recognized that the right to vote is a fundamental right protected by the 14th Amendment. Federal statutes such as the Help America Vote Act, National Voter Registration Act, Voting Rights Act and others also set parameters for state voting laws.

State Policies that Affect Voters With Nontraditional Addresses

• Residency requirements. Proving residency is required when registering to vote; elections are based on geography, with the intent that voters have a say in governance, through voting, for the races and ballot questions that relate to their location. Yet, the definition of "residency" varies state by state and may vary depending on the purpose within a state. Additionally, some states require that a voter be in residence for a certain period of time, which may be 30 days or less (residency requirements cannot be more than 30 days for federal elections, per the National Voter Registration Act). It is not uncommon to allow voters to register by using the address of shelters, bus stations, corners or parks or by identifying on a map where they sleep to ensure they are sent the correct ballot. It may also be possible to indicate a campground or RV park as a "home base" for purposes of voter registration. Some states specifically lay out how unhoused voters can indicate their voting address in statute. Even if they are able to register at nontraditional addresses, though, these voters may have trouble keeping their voter registration active without a consistent mailing address. Election officials send notification cards to verify addresses and if it is returned as undeliverable, they may be moved to inactive status and must provide additional information when appearing to cast a ballot.

• Verification of Voter Rolls. Registering to vote can be a hurdle for someone experiencing homelessness or travelling. Without a postal address, they lack access to election information and materials. Communications to ensure they still belong on the voter rolls and documents sent by the state verifying voter registration may never reach people in this group. While there may be no easy solution on the election officials' part, shelters can improve mail access and long-term RVers may check a mailbox frequently enough to receive election-related mailings.

• Early in-person voting. Transient people and people experiencing homelessness may have difficulty getting to the polls on Election Day. Providing early voting options provides more days for the voter to be able to get to a voting location.

• Number and type of polling places. Having polling places located conveniently may benefit people experiencing homelessness. That could mean either more polling places-each adding its own costs-or using a vote center model, where any voter in the jurisdiction can vote at any location. Locating polling places at libraries, social service centers, food banks or shelters may increase voter engagement as well.

• Voter ID. Many states require voter ID for in-person voting. People experiencing homelessness are more likely than others to lose or not have identification. Many states provide free state-issued IDs, although those requesting these IDs do need to show some form of identification. Some states make accommodation for those who show up to vote without having an ID by allowing them to sign an affidavit instead.

• Same-day registration. Same-day (Election Day) registration allows any qualified resident of the state to register to vote and cast a ballot at the same time. People experiencing homelessness can use same-day registration to register and vote at once-so long as they have identification and proof of residency. Those who call their van or RV home could consider voting where they are-but only if they have proof that they have been in residence in that state for the time required under state law.

• Absentee/mail voting. Absentee/mail voting means voters do not need to find transportation to in-person voting locations-but the voter does need to have a mailbox (and be able to access it) to receive the ballot. That mailbox could be rented at a post office or a commercial location, or at a shelter or other service-based organization, or at the home of a family or friend. Since mailboxes at shelters are often shared, ensuring that a ballot gets to the right person can be tricky.

• Ballot return. Laws that provide prepaid postage or ballot drop boxes may benefit those experiencing homelessness, and anyone with a nontraditional address may benefit from laws that permit ballot collection (and delivery) by people other than family members and caregivers.

Recent Enacted State Legislation

The bills below represent a snapshot of recently enacted legislation relating to residency requirements.

Resources

Many organizations are focused on tracking legislation and enfranchising those experiencing homelessness and for those with nontraditional residences. Below is a list of various government and nonprofit organizations doing work in this space.

• Voting Absentee in 2024, Escapees RV Club
• You Don't Need a Home to Vote, National Coalition for the Homeless
• Step-by-Step Voting Guide for People Experiencing Homelessness, United States Interagency Council on Homelessness