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No evidence was presented that homeless are more prone to election fraud than any other group. Against voter fraud, the Board of
Elections shall use mail check, signature verification, search at the residence. Preventing election fraud shall not be pursued by precluding homeless to vote especially
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At the trial, Mr. Hopper, an expert in
Governor's Task Force on Homelessness, proposed that the homeless indicate both the non-conventional residence (e.g. a park bench) and a place to receive mails (e.g. a shelter) for electoral registration purpose. This way the connection to the community is
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The plaintiff argued permitting to register only the homeless residing in shelters would still discriminate many eligible voters. In fact it was assessed shelters in New York are not enough to host the whole homeless population. Moreover many homeless refused to stay in shelters for reasons of
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The judge ordered the election registration deadline, scheduled on 13 October 1984 for everybody, to be extended until 26 October 1984 for the homeless. Following the court order, 410 homeless people registered to vote, among them there was Mr. Peter Dyer.
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Based on its findings, the Court ruled that there are other ways to preserve the three compelling state interests (listed above) rather than disenfranchising a whole class of people from voting.
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The preliminary injunction concluded that Mr Pitts and Mr Carter resided in a shelter, and therefore did meet the required eligibility criteria to vote, while Mr. Dyer resided on a bench instead.
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Mr. Dyer testified that he sleeps, eats and does other daily activities in St. Gabriels Park. He considers the park his home base and the place he intends to return when he’s away.
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under the
Election Law was excessively strict. The Court concluded a specific location where the homeless returns regularly and a place designated to receive mail should satisfy.
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safety, hygiene and personal pride. Therefore it was important to establish that the homeless can designate a shelter to receive mail even if they do not sleep (reside) there.
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In 1984 Peter Dyer, a homeless resident of New York, was not allowed to register to vote since his residence did not comply with the relevant definition under the
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Even to today the
National Coalition for the Homeless encourages eligible American voters in non-traditional residence to register. Their campaign for the
133:"that place where a person maintains a fixed, permanent and principal home and to which he, wherever temporarily located, always intends to return."
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On 9 October 1984, the Court ruled that, by refusing the homeless to register to vote, the New York City Board of
Elections was in breach of the
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via mail check 3) preserving administrative feasibility as it’s not practical to notify the homeless via mail about polling station location.
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safeguards three compelling state interest: 1) proving the link between the voter and the electoral district 2) preventing
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The defendant had agreed that residing in a shelter complies with the
Election Law, however residing on a bench did not.
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class included homeless people Pitts, Carter and, most relevant, Peter Dyer. The nonprofit organisation
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establishing eligible
American voters residing in non-conventional accommodations cannot be refused to
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55:. Mr Dyer declared that he sleeps on one of the six benches in St. Gabriels Park, New York City.
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The main claim of the defendant stated that homeless people do not comply with the term
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While the case involving Pitts and Carter was solved with a pre-trial court order (
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against New York City Board of
Elections for disenfranchising homeless voters.
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satisfied as well as the fraud prevention and administrative feasibility.
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35:. Even a park bench can be elected to be a residence. As a result, 410
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113:), this particular lawsuit continued for the case of Mr. Dyer.
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The defendant also argued that voter’s compliance to the term
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equal protection clause under the
Fourteen Amendment
27:was a 1984 legal case in the U.S. District Court
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302:"Judge Mary Johnson Lowe, Unsung Trailblazer"
39:in New York were allowed to register for the
370:: CS1 maint: multiple names: authors list (
271:"U.S. homeless assured right to cast ballot"
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339:"Homeless can vote, New York judge says"
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78:was Robert S. Black as president of the
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169:always prevails, even in Election Law.
82:and other clerks from the same office.
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402:. National Coalition for the Homeless.
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321:"Voting Rights of Homeless Residents"
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341:. Beaver Country Times. 10 Oct 1984.
388:. The Free Lance-Star. 10 Oct 1984.
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131:as defined under the Election Law:
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354:"I Exist, Therefore I Should Vote"
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254:"Pitts v. Black, 608 F. Supp. 696"
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352:Glasberg, Armaline, Purkayastha.
20:Park bench in Manhattan, NY, 2008
273:. The Windsor Star. 31 Oct 1984.
80:New York City Board of Elections
400:"You Don't Need a Home to Vote"
209:“You Don't Need a Home to Vote”
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290:. Record-Journal. 30 Oct 1984.
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420:Voting in the United States
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386:"Street people win rights"
306:Coalition for the Homeless
205:2024 presidential election
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69:Coalition for the Homeless
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41:1984 presidential election
358:Societies Without Borders
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288:"410 homeless will vote"
167:presumption of innocence
85:The presiding judge was
111:preliminary injunction
71:was also a plaintiff.
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97:Plaintiffs filed a
425:Voter registration
180:The definition of
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87:Mary Johnson Lowe
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430:Homeless people
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360:(October 2021).
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53:Election Law
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182:“residence”
139:“residence”
129:“residence”
414:Categories
325:HeinOnline
215:References
173:Conclusion
47:Background
256:. Justia.
165:when the
149:Plaintiff
123:Defendant
76:defendant
65:plaintiff
319:Ah Tye.
105:Foreword
99:lawsuit
93:Lawsuit
59:Parties
29:S.D.N.Y
195:Result
372:link
74:The
63:The
207:is
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368:}}
364:{{
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279:^
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