§11-13  Rules for determining residency. For the purpose of this title, there can be only one residence for anindividual, but in determining residency, a person may treat oneself separatefrom the person's spouse.  The following rules shall determine residency forelection purposes only:

(1)  The residence of a person is that place in whichthe person's habitation is fixed, and to which, whenever the person is absent,the person has the intention to return;

(2)  A person does not gain residence in any precinctinto which the person comes without the present intention of establishing theperson's permanent dwelling place within such precinct;

(3)  If a person resides with the person's family inone place, and does business in another, the former is the person's place ofresidence; but any person having a family, who establishes the person'sdwelling place other than with the person's family, with the intention ofremaining there shall be considered a resident where the person has establishedsuch dwelling place;

(4)  The mere intention to acquire a new residencewithout physical presence at such place, does not establish residency, neitherdoes mere physical presence without the concurrent present intention toestablish such place as the person's residence;

(5)  A person does not gain or lose a residence solelyby reason of the person's presence or absence while employed in the service ofthe United States or of this State, or while a student of an institution oflearning, or while kept in an institution or asylum, or while confined in aprison;

(6)  No member of the armed forces of the UnitedStates, the member's spouse or the member's dependent is a resident of thisState solely by reason of being stationed in the State;

(7)  A person loses the person's residence in thisState if the person votes in an election held in another state by absenteeballot or in person.

In case of question, final determination ofresidence shall be made by the clerk, subject to appeal to the board ofregistration under part III of this chapter. [L 1970, c 26, pt of §2; am L1975, c 36, §1(1); am L 1977, c 189, §1(1); gen ch 1985]

 

Attorney General Opinions

 

  Residency of person living temporarily out-of-district.  Att.Gen. Op. 86-10.