Wilkins v. Ann Arbor City Clerk

Adams, J.

(concurring). I concur in reversal. There is no rational basis for treating students differently from other citizens in their exercise of the fundamental right to vote. The Michigan statute defining voting residence for all citizens provides that: “Should a person have more than 1 residence, * * * that place at which such person resides the *697greater part of the time shall he his or her official residence * * * .” MCLA § 168.11(a) (Stat Ann 1971 Cum Supp § 6.1011 [a]).

For voting purposes, there is no rational basis for distinguishing between students who reside at a given locality for nine months of the year and non-students who reside in the same locality for nine months of the year. Requiring additional qualifications to vote which affect different groups unequally, whether by income, occupation, or employer, is a denial of equal protection. Harper v. Virginia Board of Elections (1966), 383 US 663 (86 S Ct 1079, 16 L Ed 2d 169); Carrington v. Rash (1965), 380 US 89 (85 S Ct 775, 13 L Ed 2d 675); Evans v. Cornman (1970), 398 US 419 (90 S Ct 1752, 26 L Ed 2d 370). Special treatment of students is an arbitrary and invidious discrimination against them in violation of art 1, § 2, Michigan Constitution, and Am 14, United States Constitution. Fox v. Employment Security Commission (1967), 379 Mich 579.