Durational-Residency Requirement Law and Legal Definition

Durational-residency requirement is a legal rule requiring a person to be a state resident for a certain time. This is a precondition to the exercise of a specified right or privilege. However, durational-residency requirement has been held to be unconstitutional denial of equal protection. Durational-residency requirement burdens voting rights and impairs the fundamental right of a person to freely travel. In Hinnant v. Sebesta, 363 F. Supp. 398, 400 (M.D. Fla. 1973), it was held that durational residency requirement is a mere corollary or coincident with a reasonable period of time before an election during which all registration is precluded.