Can we vote absentee?
October 13, 2008 9:12 PM Subscribe
Can we vote absentee?
After living in Florida nearly our whole lives my wife and I moved to a state far away. This was about a month ago. We had just enough time to register to vote here, but instead we decided to vote absentee in Florida. I filled out the paperwork.
Now they have arrived and there is a message on the ballot stating
We are registered to vote only in Florida, and have driver's licenses only in that state. I believe we are even within the spirit of the law, as we were both born and raised there and both have a serious, legitimate interest in Florida politics. We are not attempting to vote in our new state, and we will change our registration to our new residence as soon as we are situated. We do not, however, live at the address listed on our voter registrations.
If we don't vote absentee we can't vote, as the deadlines in our new state have passed. Can we vote absentee in good conscience, and without being arrested?
After living in Florida nearly our whole lives my wife and I moved to a state far away. This was about a month ago. We had just enough time to register to vote here, but instead we decided to vote absentee in Florida. I filled out the paperwork.
Now they have arrived and there is a message on the ballot stating
I, _____ do solemnly swear or affirm that I am a qualified and registered voter of [whatever] county, Florida and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt to commit any fraud in connection with voting, vote a fraudulent ballot, or vote more than once in this election, I can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years. I also understand that failure to sign this certificate will invalidate my ballot.It is my opinion that we are in the clear as we are not attempting to commit voter fraud, are not voting a fraudulent ballot, and we are not voting more than one ballot in this election. It is my wife's opinion that if we send in these absentee ballots we will become convicted felons.
We are registered to vote only in Florida, and have driver's licenses only in that state. I believe we are even within the spirit of the law, as we were both born and raised there and both have a serious, legitimate interest in Florida politics. We are not attempting to vote in our new state, and we will change our registration to our new residence as soon as we are situated. We do not, however, live at the address listed on our voter registrations.
If we don't vote absentee we can't vote, as the deadlines in our new state have passed. Can we vote absentee in good conscience, and without being arrested?
I would say that you could vote Absentee.
You're still residents of Florida, even though you now live in another state. You haven't made any moves to become a resident of that new state yet, and you missed the deadline to register. When I was in college, I knew plenty of students that didn't change their residence from their home state, and they had no problem voting with absentee ballots from those states.
posted by spinifex23 at 9:40 PM on October 13, 2008
You're still residents of Florida, even though you now live in another state. You haven't made any moves to become a resident of that new state yet, and you missed the deadline to register. When I was in college, I knew plenty of students that didn't change their residence from their home state, and they had no problem voting with absentee ballots from those states.
posted by spinifex23 at 9:40 PM on October 13, 2008
I'm in a similar situation. My residency is in California, but prior to my latest drivers license renewal (for Cali), I had registered to vote in Oregon (where my university is located). With the renewal I reregistered for California voting. I'm voting absentee for California, but received a mail ballot for Oregon. You are not committing voter fraud as far as I can tell, as long as you and your wife stick to one state, one vote each.
posted by thatbrunette at 9:48 PM on October 13, 2008
posted by thatbrunette at 9:48 PM on October 13, 2008
You're still a resident of Florida, I say you can vote there. I don't see any part of that statement that you break - it doesn't say you have to be living there right now, which is why college students and people who are abroad can vote. You're not really doing anything they aren't.
posted by Solon and Thanks at 10:29 PM on October 13, 2008
posted by Solon and Thanks at 10:29 PM on October 13, 2008
(Though you could contact a voter advocacy non-profit, like Be Absentee)
posted by Solon and Thanks at 10:32 PM on October 13, 2008
posted by Solon and Thanks at 10:32 PM on October 13, 2008
I doubt you need worry about breaking the law. You may, however, have to worry about your ballot being challenged and tossed out, and since you're absentee, you probably won't find out until well after the election that you weren't allowed to vote.
Unfortunately, from what I can tell, the provisional ballot section of the Help America Vote Act does not affect state registration requirements in any way. Technically, you should have gone ahead and registered.
I checked the Florida statutes and it only says you have to be "a legal resident", without defining residency.
I checked my own state, Wisconsin, and found that there is an explicit provision saying that moving to another state or voting there means you automatically lose Wisconsin residence. I suppose that leaves some wiggle room for people who move but don't vote there, like you, but not much.
Anyway, I would proceed with the FL absentee ballot and pray your vote isn't challenged by an election judge.
posted by dhartung at 11:48 PM on October 13, 2008 [1 favorite]
Unfortunately, from what I can tell, the provisional ballot section of the Help America Vote Act does not affect state registration requirements in any way. Technically, you should have gone ahead and registered.
I checked the Florida statutes and it only says you have to be "a legal resident", without defining residency.
I checked my own state, Wisconsin, and found that there is an explicit provision saying that moving to another state or voting there means you automatically lose Wisconsin residence. I suppose that leaves some wiggle room for people who move but don't vote there, like you, but not much.
Anyway, I would proceed with the FL absentee ballot and pray your vote isn't challenged by an election judge.
posted by dhartung at 11:48 PM on October 13, 2008 [1 favorite]
When I was in college, I voted as a Florida resident with an absentee ballot, even though I was out of state most of the year, I didn't have a problem.
I also got called for jury duty (while at school) and didn't have a problem. My residency was never challenged.
Then again, it was a fairly normal reason to be living out of state and keeping your old residency.
posted by JustKeepSwimming at 5:06 AM on October 14, 2008
I also got called for jury duty (while at school) and didn't have a problem. My residency was never challenged.
Then again, it was a fairly normal reason to be living out of state and keeping your old residency.
posted by JustKeepSwimming at 5:06 AM on October 14, 2008
Uh, are you asking can you vote there? Because, sure, you can. But I'm almost certain it's illegal to vote in a place you no longer live.
posted by meta_eli at 5:52 AM on October 14, 2008
posted by meta_eli at 5:52 AM on October 14, 2008
I think it's pretty clear that you are trying to justify this to yourself because you know you're in the wrong. The intent of absentee voting is to allow people to vote in their state of residence when they are not able to physically be in the state on election day. It's not your state of residence anymore, so you shouldn't be voting.
posted by smackfu at 6:35 AM on October 14, 2008
posted by smackfu at 6:35 AM on October 14, 2008
http://www.votesmart.org/voter_county_election_offices.php
this page will give you the numbers and emails of the local election officials. they deal with this, call them. mine, and i assume most, had "press [some number] for information about absentee voting" and options to directly speak to an official about absentee voting.
posted by nzydarkxj at 8:12 AM on October 14, 2008 [1 favorite]
this page will give you the numbers and emails of the local election officials. they deal with this, call them. mine, and i assume most, had "press [some number] for information about absentee voting" and options to directly speak to an official about absentee voting.
posted by nzydarkxj at 8:12 AM on October 14, 2008 [1 favorite]
Absolutely send them in.
You legally registered to vote in Florida as legal residents. In transferring residencies (for example, car registration) you always get some sort of "grace" period that is never under a month. Given that you moved so recently and can't reregister with the new state before the election, you're perfectly within your rights to vote at the old municipality - particularly since your alternative is to not vote at all.
For example, when I moved to a different county shortly before an election, I was explicitly told by the board of elections that I needed to drive back to my old polling precinct - not that I didn't get to vote at all. Such laws, after all, were not created to prevent people in your situation from voting, they exist to prevent people from voting multiple times or creating fraudulent addresses. So long as you don't try to cast a second vote in your new state in the new election, you're fine.
posted by susanvance at 8:29 AM on October 14, 2008
You legally registered to vote in Florida as legal residents. In transferring residencies (for example, car registration) you always get some sort of "grace" period that is never under a month. Given that you moved so recently and can't reregister with the new state before the election, you're perfectly within your rights to vote at the old municipality - particularly since your alternative is to not vote at all.
For example, when I moved to a different county shortly before an election, I was explicitly told by the board of elections that I needed to drive back to my old polling precinct - not that I didn't get to vote at all. Such laws, after all, were not created to prevent people in your situation from voting, they exist to prevent people from voting multiple times or creating fraudulent addresses. So long as you don't try to cast a second vote in your new state in the new election, you're fine.
posted by susanvance at 8:29 AM on October 14, 2008
Without being arrested? Sure! In good conscience? Absolutely not!
You live in a new state now. You do not maintain a residence in Florida. You do not have a definite intention of going back to Florida at some specific time (as, say, a member of the military or a college student does). The fact that you haven't yet gotten your act together enough to change your driver's licenses doesn't change that. You should vote in the state where you actually live.
posted by decathecting at 8:51 AM on October 14, 2008 [1 favorite]
You live in a new state now. You do not maintain a residence in Florida. You do not have a definite intention of going back to Florida at some specific time (as, say, a member of the military or a college student does). The fact that you haven't yet gotten your act together enough to change your driver's licenses doesn't change that. You should vote in the state where you actually live.
posted by decathecting at 8:51 AM on October 14, 2008 [1 favorite]
Can we vote absentee in good conscience, and without being arrested?
No, and probably yes.
posted by ThePinkSuperhero at 8:51 AM on October 14, 2008 [2 favorites]
No, and probably yes.
posted by ThePinkSuperhero at 8:51 AM on October 14, 2008 [2 favorites]
I'm going to disagree with many here and say go ahead and vote with a perfectly clear conscience. You only moved a month ago? You're still in a transition period, then, in my book. You have yet to establish a new permanent address, for one thing. For another, you are most assuredly not yet up to speed on the local candidates and issues in your new state.
And guess what? You're no doubt going to be paying Florida taxes for FY 2008! If that doesn't give you the right to cast a ballot there, I don't know what would.
I see no moral gray area here, especially since you've stated your intention to reregister once you get settled. It's as if this election fell at a time when you have your feet planted -- legally, geographically, emotionally -- in two separate places. It's up to you to decide where you want to vote. The alternative is disenfranchisement, and that's unacceptable.
posted by donpedro at 9:14 AM on October 14, 2008
And guess what? You're no doubt going to be paying Florida taxes for FY 2008! If that doesn't give you the right to cast a ballot there, I don't know what would.
I see no moral gray area here, especially since you've stated your intention to reregister once you get settled. It's as if this election fell at a time when you have your feet planted -- legally, geographically, emotionally -- in two separate places. It's up to you to decide where you want to vote. The alternative is disenfranchisement, and that's unacceptable.
posted by donpedro at 9:14 AM on October 14, 2008
You're no doubt going to be paying Florida taxes for FY 2008! If that doesn't give you the right to cast a ballot there, I don't know what would.
Perhaps that gives you some sort of moral right (kinda), but certainly not a legal right. Florida election law has nothing to do with where you pay your taxes.
you always get some sort of "grace" period that is never under a month.
No, you do not get "some sort of 'grace' period" where you can still vote in a place you no longer live.
posted by meta_eli at 1:28 PM on October 14, 2008
Perhaps that gives you some sort of moral right (kinda), but certainly not a legal right. Florida election law has nothing to do with where you pay your taxes.
you always get some sort of "grace" period that is never under a month.
No, you do not get "some sort of 'grace' period" where you can still vote in a place you no longer live.
posted by meta_eli at 1:28 PM on October 14, 2008
When you move to a place with the intention of making it your permanent residence, then you are a resident of that place (and no longer a resident of any other place). Period.
posted by meta_eli at 1:33 PM on October 14, 2008
posted by meta_eli at 1:33 PM on October 14, 2008
If this helps any, my partner had lived in Florida prior to moving to California and moving in with me in 2000. He had forgotten to re-register in California and did not cast an absentee vote in Florida. We've always regretted that, especially the Florida part.
posted by Robert Angelo at 1:56 PM on October 14, 2008
posted by Robert Angelo at 1:56 PM on October 14, 2008
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I would say it depends on the state you have moved to though. Here in Missouri it doesn't matter where your licenses are, it matters where you call home. Here, at least, where you get your mail is where you are a resident, no matter how long you have received mail there or where your license is from. I can't say much beyond that.
The moral side is another story I'll leave to others.
posted by piedmont at 9:21 PM on October 13, 2008