An important test case for second homeowner rights, Willkie v. Delaware County Board of Elections, from the Appellate Division Third Department in 2008, affirms the right of second homeowners and weekenders to vote.  In that case, the Board of Elections in New York's Delaware County disenfranchised eight long-time dual residents of Bovina, New York.  The Court ordered all eight voters reinstated.  Here is a press report of that hearing, and the lower court's decision.

The same Appellate Court in late 2009 reaffirmed the Willkie decision, stating that "the law regarding a voter choosing among residences for election purposes is interpreted broadly."  In that case, Fingar v. Martin, Republicans in New York's Columbia County challenged the absentee ballots of a number of dual resident Columbia County voters on the grounds that those individuals should have voted in New York City.  The Appellate Division, in addition to reminding the lower court that dual residents have the right to choose their electoral home, held for the first time that the residence of an absentee voter can only be challenged before the absentee ballot is issued and not after that ballot has been cast.  As a result, the lower court rejected every one of the dual resident challenges and ruled that all of the ballots be counted.  The New York Times covered the dispute--but not the court's ultimate decision--here (referencing CountryVote). 

In a 2007 article entitled Democrats Court Second Homeowners, the New York Times highlighted one of the voter registration campaigns around New York State that made use of this website in the 2007 off-year election cycle.

If you are interested in this issue and would like to receive updates about developments, join CountryVote!