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



(1)  The residence of a person is that place in which
the 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 precinct
into which the person comes without the present intention of establishing the
person's permanent dwelling place within such precinct;



(3)  If a person resides with the person's family in
one place, and does business in another, the former is the person's place of
residence; but any person having a family, who establishes the person's
dwelling place other than with the person's family, with the intention of
remaining there shall be considered a resident where the person has established
such dwelling place;



(4)  The mere intention to acquire a new residence
without physical presence at such place, does not establish residency, neither
does mere physical presence without the concurrent present intention to
establish such place as the person's residence;



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



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



(7)  A person loses the person's residence in this
State if the person votes in an election held in another state by absentee
ballot or in person.



In case of question, final determination of
residence shall be made by the clerk, subject to appeal to the board of
registration under part III of this chapter. [L 1970, c 26, pt of §2; am L
1975, 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.