From the daily archives:

Sunday, January 10, 2010

MBE Question of the Day #12

by Maryann Herman

Jan
10

A state statute provides that persons moving into a community to attend a college on a full-time basis may not vote in any elections for local or state officials that are held in that community. Instead, the statute provides that for voting purposes all such persons shall retain their residence in the community from which they came. Another state statute provides that the age of majority is eighteen.

Which of the following is the strongest argument to demonstrate the unconstitutionality of the state statute?

A.  A state does not have a compelling interest sufficient to justify exclusion from voting of an entire class of persons.

B.  There are less restrictive means by which the state could assure that only actual residents of a community vote in its elections.

C.  Most persons moving into a community to attend college full-time are likely to have attained the age of majority under the laws of the state.

D.  On its face, this statute impermissibly discriminates against interstate commerce.

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