TITLE 17
Elections

CHAPTER 17-1
General Provisions

SECTION 17-1-3.1


   § 17-1-3.1  Residence for voting purposes. – (a) A person's residence for voting purposes is his or her fixed and established domicile. The determinant of one's domicile is that person's factual physical presence in the voting district on a regular basis incorporating an intention to reside for an indefinite period. This domicile is the place to which, upon temporary absence, he or she has the intention of returning. Once acquired, this domicile continues until another domicile is established. A person can have only one domicile, and the domicile shall not be considered lost solely by reason of absence for any of the following reasons:

   (1) Employment or service outside of the state intimately connected with military operations or with the federal government, including the spouse and dependents of an elector so employed;

   (2) Confinement in a correctional facility;

   (3) Being a patient in a hospital, convalescent home, nursing home or rest home, or like facility; or

   (4) Attendance as a student at an academic institution, including the spouse and dependents of an elector who is a student.

   (b) The following shall be considered prima facie evidence of a person's residence for voting purposes:

   (1) The address furnished to the division of motor vehicles for the voter's operator's license;

   (2) The address from which the voter's motor vehicle is registered;

   (3) The address from which the voter filed his last federal income tax return;

   (4) The address from which the voter filed his last state income tax return;

   (5) The address furnished to the companies from which the voter has obtained retail credit cards;

   (6) The address furnished to the financial institutions where the voter maintains accounts;

   (7) The address furnished to the tax collector and/or assessor in those communities where the voter owns taxable real or personal property for the purpose of notification to him or her;

   (8) The address furnished to the insurance companies with which the voter maintains policies;

   (9) The address furnished to the voter's employer;

   (10) The address furnished by the voter to any business, professional, union, or fraternal organizations of which he or she is a member;

   (11) The address furnished to governmental agencies with which the voter has contact;

   (12) The address of a hospital, convalescent home, nursing home or rest home, or like facility at which the voter has been a patient or resident for the preceding thirty (30) days or longer;

   (13) The address furnished to the United States postal service on a change of address form as verified by the United States postal service.

History of Section.
(P.L. 1983, ch. 172, § 3; P.L. 1984, ch. 157, § 1; P.L. 1985, ch. 142, § 1.)