New York State law is clear. Citizens with dual residences have the right to choose where they want to vote. They do not have to vote where they maintain their primary residence.

Second homeowners have a major stake in the rural communities where they maintain a home, but most have no say in how their tax dollars are being spent, or in decisions that will affect the future of their community for years to come. In swing districts, dual resident voters can determine the outcome of congressional elections.

What the law says:

The term ‘‘residence’’ shall be deemed to mean “that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return.” Election Law § 1-104 [22]

In 1983 the New York State Court of Appeals affirmed a woman’s right to vote in Huntington, Long Island even though she lived elsewhere five days a week. (Ferguson v. McNab, 60 N.Y.2d 598 N.Y Court of Appeals, 1983)

In 2008 the Appellate Division of the NYS Supreme Court ordered the Delaware County Board of Elections to reinstate eight weekend homeowners who had been stricken from the voting rolls. The court noted “Election Law does not preclude a person from having two residences and choosing one for election purposes provided he or she has ‘legitimate, significant and continuing attachments’ to that residence.” (Wilkie et al v. the Delaware County Board of Elections, No. 504004 NYS Sup. Crt. App. 3d, Oct. 23, 2008)

An absentee ballot can make second home voting easy.

Voters can have an absentee ballot sent to their primary residence and vote by mail.

You can download an absentee ballot application here, or pick one up at your county Board of Elections.

Remember you must apply for an absentee ballot for every election.

Find a complete list of County Board of Elections offices here.

The tentative New York State 2022 Political Calendar is here.

VOTER REGISTRATION FORMS

• Voter registration forms are available at most post offices.
• You can download a PDF version here and mail it to your county Board of Elections. (The “address where you live” is the address you want to use for voter registration.)
• You can also complete the registration form online. (Online registration is routed through the Division of Motor Vehicles. If you have vehicles registered at an address that is different than the one where you want to register to vote, we recommend that you submit a printed registration form rather than utilizing this link.)

DOWNLOAD A ONE-PAGE HANDOUT ON DUAL RESIDENT VOTING HERE.

© 2022 Vote Where It Counts