Homeless Voters
Although this article of the constitution does not use the word "homeless", but it does refer to those who have not established residency, which I believe to be the case with the homeless.
ARTICLE VI
ELECTIONS AND ELECTIVE RIGHTS
SECTION 1 QUALIFICATIONS OF ELECTORS.
All persons of the age of eighteen years or over who are citizens of the United States and who have lived in the state, county, and precinct thirty days immediately preceding the election at which they offer to vote, except those disqualified by Article VI, Section 3 of this Constitution, shall be entitled to vote at all elections. [AMENDMENT 63, 1974 Senate Joint Resolution No. 143, p 807. Approved November 5, 1974.]
SECTION 1A VOTER QUALIFICATIONS FOR PRESIDENTIAL ELECTIONS.
In consideration of those citizens of the United States who become residents of the state of Washington during the year of a presidential election with the intention of making this state their permanent residence, this Section is for the purpose of authorizing such persons who can meet all qualifications for voting as set forth in Section 1 of this article, except for residence, to vote for presidential electors or for the office of President and Vice-President of the United States, as the case may be, but no other: Provided, That such persons have resided in the state at least sixty days immediately preceding the presidential election concerned. The legislature shall establish the time, manner and place for such persons to cast such presidential ballots. [AMENDMENT 46, 1965 ex.s. Substitute House Joint Resolution No. 4, p 2820. Approved November 8, 1966.]
It seems to me that this article would preclude the homeless from voting on anything but President and Vice President if they cannot provide an address.
posted by HannaUSA @ 10:29 AM
9 comments
9 Comments:
I think you may be misunderstanding the context of Sections 1 and 1A in Article VI.
Prior to the most recent amendment of Section 1, people had to be residents of WA for 1 year prior to the election to be eligible to vote.
Section 1 was amended in 1974 to reduce the required period of residency to 30 days.
Section 1A came from an amendment that was approved 8 years earlier in 1966.
The adoption of Section 1A was to make state law agree with federal law, I believe.
Under Section 1A, people who had moved into WA during the 1 year preceding the election with the intention of becoming permanent residents, but had not yet resided in WA for 1 full year, were permitted to vote in elections of the president and vice-president -- so long as they had resided in WA for at least 60 days before the election.
Since the amendment of Section 1 in 1974, it allows an even shorter period of residency to establish eligibility to vote in all elections -- federal, state and local -- namely 30 days.
Section 1A, then, seems to have been rendered obsolete by the last amendment to Section 1.
Neither Section 1 nor Section 1A has anything to do with the question of the "homeless" who have no particular address which they call home.
If a person resides in a cardboard box in an alley for at least 30 days before the election, that person has resided in the precinct, county and state for long enough to be eligible to vote in that precinct.
The same would be true for someone who resides in a different shelter for the homeless or with a friend or relative every night during that 30 days. If they are residing in the precinct, county and state, then it doesn't matter that they have no particular address at which they ordinarily reside.
Here's the text of Section 1 plus the text prior to the latest amendment:
ARTICLE VI, SECTION 1 QUALIFICATIONS OF ELECTORS. All persons of the age of eighteen years or over who are citizens of the United States and who have lived in the state, county, and precinct thirty days immediately preceding the election at which they offer to vote, except those disqualified by Article VI, section 3 of this Constitution, shall be entitled to vote at all elections. [AMENDMENT 63, 1974 Senate Joint Resolution No. 143, p 807. Approved November 5, 1974.]
Amendment 5 (1910) - Art. 6 Section 1 QUALIFICATIONS OF ELECTORS - All persons of the age of twenty-one years or over, possessing the following qualifications, shall be entitled to vote at all elections: They shall be citizens of the United States; they shall have lived in the state one year, and in the county ninety days, and in the city, town, ward or precinct thirty days immediately preceding the election at which they offer to vote; they shall be able to read and speak the English language: Provided, That Indians not taxed shall never be allowed the elective franchise: And further provided, That this amendment shall not affect the rights of franchise of any person who is now a qualified elector of this state. The legislative authority shall enact laws defining the manner of ascertaining the qualifications of voters as to their ability to read and speak the English language, and providing for punishment of persons voting or registering in violation of the provision of this section. There shall be no denial of the elective franchise at any election on account of sex. [AMENDMENT 5, 1909 p 26 Section 1. Approved November, 1910.]
Micajah - Can there still be an issue as to WHAT they are allowed to vote on?
Another thing...that bit about them being required to be able to speak English etc. Is that one still valid? And if so, why do we spend who knows how many thousands of dollars printing voting materials in numerous languages??
HannaUSA,
Since the state constitution now says (since 1974) that people who have resided in the precinct, county and state for at least 30 days prior to the election are eligible to vote in "all elections," I think they can vote in all federal, state and local elections.
The English language requirement was apparently deleted by the amendment approved in 1974. It shows up in all previous versions of the text of Section 1, but not in the current version. Since 1974 was the last amendment to Section 1, I think the English language requirement must have been deleted then.
If all this stuff is no longer relevant, why is it still in the Constitution?
I'm not sure why section 1A wasn't removed when section 1 was amended in 1974.
I'm just guessing that section 1A was motivated by a desire to conform to federal law. Maybe it was just a desire to increase the number of people in WA who could vote in elections of the president and vice-president.
Even though section 1A was rendered obsolete by the shorter residence requirement of section 1, I suppose it could become effective again if for some reason the residence requirement of section 1 were changed from 30 days to a longer period by some future amendment.
Perhaps the people drafting and proposing the amendments just saw no reason to bother with section 1A when they put the 1974 amendment to a vote of the people. No one needed to do anything about section 1A, since it would be automatically obsolete once the people amended section 1.
Whatever it was that motivated them, I think the effect of the 1974 amendment was to make section 1A obsolete and of no effect. Its 60 day period of residency to vote for president and vice-president would no longer apply, since section 1 requires only a 30 day period of residency to vote in all elections.
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The legislature shall establish the time, manner and place for such persons to cast such presidential ballots.
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