City Residents Can Vote in County of Nonprimary Residence

Two New York City residents lived and worked in the city during the week, but spent weekends upstate in Bovina. They were politically active upstate and supported passage of a zoning ordinance there. They also voted in Bovina. An opponent of the zoning ordinance challenged the couple's upstate voter registrations, and the Delaware County Board of Elections challenged reinstatement of their Bovina voter registrations. The couple sued the Board of Elections. The court ruled for the voters and reinstated their Bovina registrations. Delaware County appealed and lost. The New York State Election Law doesn't bar a person from having two residences and choosing one for election purposes as long as he has a "legitimate, significant, and continuing attachment" to that residence. The voters showed that they spent weekends and vacations in Bovina, and each listed Bovina on their driver's license. They also said that, although their employment required them to maintain a residence in New York City, their intent was to spend as much of their lives as possible in Bovina. Although not concerned with rent stabilization issues, the court's decision may be of interest in primary residence cases.

Willkie v. Delaware County Board of Elections: NYLJ, 10/30/08, p. 29, col. 1 (App. Div. 3d Dept.; Mercure, JP, Spain, Carpinello, Malone Jr., Stein, JJ)