Title 21, Chapter 2, Section 217
( 21-2-217)
(a) In determining the residence of a person desiring to register to
vote, the following rules shall be followed so far as they are
applicable: (1) The residence of any person shall be held to be in that place
in which such person's habitation is fixed, without any present
intention of removing therefrom, and to which, whenever such
person is absent, such person intends to return; (2) A person shall not be considered to have lost such person's
residence who leaves such person's home and goes into another
state or county or municipality in this state, for temporary
purposes only, with the intention of returning, unless such person
shall register to vote or perform other acts indicating a desire
to change such person's citizenship and residence; (3) A person shall not be considered to have gained a residence in
any county or municipality of this state into which such person
has come for temporary purposes only without the intention of
making such county or municipality such person's permanent place
of abode; (4) If a person removes to another state with the intention of
making it such person's residence, such person shall be considered
to have lost such person's residence in this state; (5) If a person removes to another state with the intention of
remaining there an indefinite time and making such state such
person's place of residence, such person shall be considered to
have lost such person's residence in this state, notwithstanding
that such person may intend to return at some indefinite future
period; (6) If a person removes to another county or municipality within
this state with the intention of remaining there an indefinite
time and making such other county or municipality such person's
place of residence, such person shall be considered to have lost
such person's residence in the former county or municipality,
notwithstanding that such person may intend to return at some
indefinite future period; (7) The residence for voting purposes of a person shall not be
required to be the same as the residence for voting purposes of
his or her spouse; (8) No person shall be deemed to have gained or lost a residence
by reason of such person's presence or absence while enrolled as a
student at any college, university, or other institution of
learning in this state; (9) The mere intention to acquire a new residence, without the
fact of removal, shall avail nothing; neither shall the fact of
removal without the intention; (10) No member of the armed forces of the United States shall be
deemed to have acquired a residence in this state by reason of
being stationed on duty in this state;
(11) If a person removes to the District of Columbia or other
federal territory, another state, or foreign country to engage in
government service, such person shall not be considered to have
lost such person's residence in this state during the period of
such service; and the place where the person resided at the time
of such person's removal shall be considered and held to be such
person's place of residence; (12) If a person is adjudged mentally ill and is committed to an
institution for the mentally ill, such person shall not be
considered to have gained a residence for voting purposes in the
county in which the institution to which such person is committed
is located; (13) If a person goes into another state and while there exercises
the right of a citizen by voting, such person shall be considered
to have lost such person's residence in this state; and (14) The county or municipality in which a person has declared a
homestead exemption, if a homestead exemption has been claimed,
shall be deemed the county or municipality of the person's
residence. (b) In determining a voter's qualification to register and vote, the
registrars to whom such application is made shall consider, in
addition to the applicant's expressed intent, any relevant
circumstances determining the applicant's residence. The registrars
taking such registration may consider the applicant's financial
independence, business pursuits, employment, income sources,
residence for income tax purposes, age, marital status, residence of
parents, spouse and children, if any, leaseholds, sites of personal
and real property owned by the applicant, motor vehicle and other
personal property registration, and other such factors that the
registrars may reasonably deem necessary to determine the
qualification of an applicant to vote in a primary or election. The
decision of the registrars to whom such application is made shall be
presumptive evidence of a person's residence for voting purposes. |