Full-time RVers' voting rights restored

Oct. 2, 2008 — Update

Whether they give the nod to Obama or McCain or another candidate, FMCA members Ron and Leone Teel will have the right to vote in the November presidential election.

The Teels, who live full-time in their motorhome, can use the address of the parking lot of a mail forwarding service to register to vote in Bradley County, Tenn. That’s the result of an agreement between the American Civil Liberties Union of Tennessee and the Bradley County Election Commission.

“At no time did we think that our choice to live and travel in an RV would require us to give up our right to vote,” Mr. Teel said. “Because of the help of ACLU-TN, we can now vote in November and have our voices heard in this election.”

The Teels were among more than 250 full-time RVers who were purged from Tennessee voting rolls in 2006 based on a state law that prohibits residents from using a commercial address for their voter registration.

After unsuccessfully attempting to regain their voting rights, the Teels and another full-timer, Tom Layton, contacted ACLU-TN. In November 2007, ACLU-TN filed a lawsuit in federal court, arguing that the 2006 law violated RVers’ equal protection and due process rights.

While dismissing the case, the Court acknowledged alternative ways for the Teels and Mr. Layton to restore their right to vote while maintaining their right to travel and their autonomy to choose where they live.

“The Federal Judge who dismissed our case had said that we obviously cannot live in a mailbox located inside the mail forwarding service building, but that we could live out on the parking lot. So, we reregistered to vote, claiming the location where we lived was on the parking lot outside of the building.”

Mr. Teel said Bradley County wanted proof that they were not trespassing on private property, so the mail forwarding service submitted an affidavit granting them permission to park in the parking lot.

Tricia Herzfeld, an ACLU-TN staff attorney who represented the RVers, is pleased the issue has been resolved in time for her clients to vote in the election. “It is important that people be allowed to exercise their rights to vote and to travel, without repercussions to either,” she said. “ACLU-TN is committed to ensuring the right to vote for all citizens regardless of their lifestyle choices.”

February 26, 2008 — Update

The lawsuit was filed in November 2007 in response to the purging of 286 full-time RVers from the voting roles in Bradley County.

U.S. District Judge Curtis L. Collier ruled that dropping the full-timers from the voting roster did not violate their right to vote or right to travel, as the ACLU lawsuit contended.

A 2005 state law prohibits residents from using a commercial address for their voter registration. The debarred RVers had used the street address and box number of a business that forwards their mail.

ACLU-TN asked the Court to declare the law unconstitutional and to ensure that the plaintiffs are allowed to vote in Tennessee.

Nov. 19, 2007

FMCA is seeking the support of the American Civil Liberties Union, as well as several RV owners organizations, in helping to protect the voting rights of persons who reside full-time in their RVs.

The Associated Press reported Nov. 6 that 286 full-time RVers were purged from the voter rolls in Tennessee’s rural Bradley County over the past two years. The reason: They did not list a physical home address, only a mailbox service.

The Bradley County Election Commission has not permitted them to cast a ballot in local or national elections. The ACLU in Tennessee is challenging the action in federal court.

In a letter to the ACLU, Connie Pool, FMCA National President, stated, “Like you, we believe this is a breach of the constitutional rights of people who choose not to reside in a particular place, but rather enjoy touring the continent of North America via motorhome.”

Currently, there is no national voter registration policy for RVers. Voter residency rules can differ from state to state, even from county to county.

In letters to the Good Sam Club and the Escapees RV Club, both RV owners groups, Pool suggested it might be time to promote federal legislation to protect full-time RVers’ voting rights. “It appears that the practice of dropping full-time RVers from voting rolls may be more widespread,” she said, “and not limited to one Tennessee county election official’s interpretation of the law.”

In 2000 more than 9,000 full-time RVers who used a mail-forwarding service challenged their ineligibility to vote in a Texas county. A federal judge ruled in their favor.

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