When you think of “residency,” you probably picture where you live today. Yet, residency laws have shaped who could vote, work, study, own property and even receive medical care in the U.S. I’ll take you through key moments—from colonial property rules and racial exclusions to digital nomads and remote workers—and share surprising stories you won’t find in most histories.
Roots in Property, Race, and Early Voting
Back in colonial times, “residency” often meant landownership. You had to own property to cast a ballot or hold office.
- Early property requirements tied voting rights to land value (History.com on colonial voting laws).
- Many colonies limited land ownership—and thus voting—to “free white persons” (Colonial Williamsburg on white-only voting).
- Women and non-whites often faced dual barriers: race plus gender or economic status (Smithsonian Magazine on voting barriers).
Racial Exclusions Beyond the “White” Clause
Long after 1776, some states used residency rules explicitly to bar Black and immigrant voters:
- In Maryland (1818), Black men faced additional durational requirements for voting (Maryland State Archives on early voting laws).
- Local ordinances sometimes required recent immigrants to live in town for years before they could rent or buy (JSTOR study on immigrant leasing restrictions).
The Rise of Durational Residency for Voters
By the 20th century, many states set a minimum time you must live in a jurisdiction before voting.
- In 1972, Dunn v. Blumstein struck down Tennessee’s one-year rule as unconstitutional (Justia summary of Dunn v. Blumstein).
- Shapiro v. Thompson (1969) invalidated a 30- or 60-day waiting period for welfare benefits under the Right to Travel (Cornell Law School overview of Shapiro v. Thompson).
- Today, about 20 states still require 30 days’ residency to vote in state elections (NCSL chart on voting residency requirements).
Same-Day Registration and Homeless Voters
Same-day registration laws let you register and vote on Election Day, easing residency hurdles for those who move frequently (Vote.org on same-day voter registration). Some communities even list shelters as official “domiciles” so homeless voters aren’t disenfranchised (Ballot-Access.org guide to voting without a permanent address).
Residency Beyond Elections: Schools, Benefits, Licensing
Residency rules extend far past ballots.
- Tuition Residency
Most public universities demand 12 months residency for in-state tuition (WICHE report on tuition residency). - Public Assistance
States may limit food stamps or Medicaid to residents. Federal court challenges have trimmed durational barriers (KFF on Medicaid residency rules). - Professional Licensing
Doctors, barbers, nurses and more often must live or practice for a set period before receiving a state license (FSMB analysis of licensure requirements).
“States use residency rules to ensure license holders are invested in their communities.”
— American Council of Licensing Agencies (ACLA statement on residency and licensing)
International Students and Tuition
Non-U.S. citizens face extra steps—visa status, proof of financial support and sometimes longer waits before paying in-state fees (U.S. News guide to in-state tuition requirements).
Hidden Chapters: Immigration, Tribes, Wartime Measures
These stories rarely make headlines:
- Smith Act (1940): Required all non-citizen adult residents to register with the federal government, heightening surveillance of immigrant communities (Wikipedia overview of the Smith Act).
- Tribal Residency: Sovereign tribes set their own residency and citizenship rules, often based on blood quantum or cultural ties (NCAI on tribal sovereignty).
- Enemy Alien Registration (WWI & WWII): During both wars, “enemy aliens” had to report address changes monthly—sometimes under penalty of internment (National Archives on enemy-alien policies).
Modern Twists: Digital Nomads, Taxes, Passports
Your laptop changed residency rules:
- Remote Work: States now debate how many days you can work remotely before owing state income tax (Tax Policy Center on remote work taxation).
- Digital Nomad Visas: Some states (e.g., Florida) market themselves to remote workers with no state income tax and lenient residency proofs (Forbes on Florida’s remote work incentives).
- Passport Evolution: Early passports weren’t mandatory—by WWI, the U.S. required them as proof of citizenship and residency abroad (U.S. Department of State on passport history).
Residency and State vs. Federal Power
Over time, battles over who sets residency rules—state legislatures or Congress—echo broader conflicts on federalism (ABA on federalism and state powers).
Settling In: Why Residencies Still Matter
From your voting precinct to your Netflix-viewing nook, you engage with layers of residency law you may never notice. What once decided who could vote, study or even stay in town now governs your taxes, work rights and more. Next time you move, apply to college or start a remote job, you’ll have a richer sense of the legal threads woven into your address.
Last modified: August 21, 2025