Reply To: Election Law

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#744170
RSRH
Member

mosheemes2: If I remember correctly,the courts do not typically apply strict scrutiny to election laws alleged to deny the right to vote. Voting is not per se a fundamental right. Rather, to the extent that a right to vote exists, it must be applied equally consistent with the 14th Amendment. That being said, I could imagine a very reasonable important (though not compelling) State interest in limiting the franchise to domiciliaries and denying non-domiciled residents the right to vote in State elections. One’s being a resident of a State indicates a far less substantial interest in the affairs of the State than one’s being domiciled in the State, and so, only those that establish domicile can vote. The constitutional problems would also be mitigated by the fact that if a nondomiciliary can’t vote in State A, he can still vote in State B, since he must be domiciled somewhere.