GPO-CONAN-2017-10-15.pdf

1967 dunn v blumstein 405 us 330 342 1972 internal

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1967 Dunn v. Blumstein, 405 U.S. 330, 342 (1972) (internal quotation marks omit- ted, emphasis added by the Court) (striking down a Tennessee statute that imposed a requirement of one year in the state and three months in the county). The Court did not indicate what, if any, shorter duration it would permit, although it noted that, in the Voting Rights Act Amendments of 1970, 84 Stat. 316, 42 U.S.C. § 1973aa–1, “Congress outlawed State durational residence requirements for presidential and vice- presidential elections, and prohibited the States from closing registration more than 30 days before Congress prescribed a thirty-day period for purposes of voting in presi- dential elections.” Id. at 344. Note also that it does not matter whether one travels interstate or intrastate. Hadnott v. Amos, 320 F. Supp. 107 (M.D. Ala. 1970), aff’d , 405 U.S. 1035 (1972). 1968 405 U.S. at 336, 338. See also Purcell v. Gonzalez, 549 U.S. 1, 2 (2006) (per curiam) (vacating an injunction against “requiring voters to present proof of citizen- ship when they register to vote and to present identification when they vote on elec- tion day,” but expressing no opinion on the constitutionality of the requirement). 1969 405 U.S. at 345. Other asserted state interests—knowledgeability of voters, common interests, intelligent voting—were said either not to be served by the re- quirements or to be impermissible interests. 1970 Marston v. Lewis, 410 U.S. 679 (1973). Registration was by volunteer work- ers who made statistically significant errors requiring corrections by county record- ers before certification. Primary elections were held in the fall, thus occupying the time of the recorders, so that a backlog of registrations had to be processed before the election. A period of 50 days rather than 30, the Court thought, was justifiable. 2198 AMENDMENT 14—RIGHTS GUARANTEED
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A state that exercised general criminal, taxing, and other juris- diction over persons on certain federal enclaves within the state, the Court held, could not treat these persons as nonresidents for voting purposes. 1971 A statute that provided that anyone who en- tered military service outside the state could not establish voting residence in the state so long as he remained in the military was held to deny to such a person the opportunity such as all non- military persons enjoyed of showing that he had established resi- dence. 1972 Restricting the suffrage to those persons who had paid a poll tax was an invidious discrimination because it introduced a “ca- pricious or irrelevant factor” of wealth or ability to pay into an area in which it had no place. 1973 Extending this ruling, the Court held that the eligibility to vote in local school elections may not be lim- ited to persons owning property in the district or who have chil- dren in school, 1974 and denied states the right to restrict the vote to property owners in elections on the issuance of revenue bonds 1975 or general obligation bonds.
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