CHAPTER 5. STANDARDS FOR DETERMINING RESIDENCY

IC 3-5-5
    Chapter 5. Standards for Determining Residency

IC 3-5-5-1
Purpose of chapter
    Sec. 1. This chapter shall be used to determine the residency ofthe following:
        (1) A voter or a person applying to become a voter.
        (2) A candidate.
        (3) A person holding an elected office.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-2
Methods of establishing residency
    Sec. 2. A person's residence may be established by:
        (1) origin or birth;
        (2) intent and conduct taken to implement the intent; or
        (3) operation of law.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-3
Residence in more than one precinct
    Sec. 3. A person does not have residence in more than one (1)precinct.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-4
Abandonment of residence
    Sec. 4. A person who has a residence in a precinct retainsresidency in that precinct until the person abandons the residence by:
        (1) having the intent to abandon the residence;
        (2) having the intent to establish a new residence; and
        (3) acting as provided in this intent by establishing a residencein a new precinct.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-5
Absence due to state or federal business
    Sec. 5. As provided in Article 2, Section 4 of the Constitution ofthe State of Indiana, a person is not considered to have lost residencein a precinct in Indiana by reason of the person's absence on thebusiness of:
        (1) the state of Indiana; or
        (2) the United States.
As added by P.L.12-1995, SEC.10. Amended by P.L.3-1995, SEC.10.

IC 3-5-5-6
Rebuttable presumptions
    Sec. 6. Sections 7 through 17 of this chapter establishpresumptions regarding the residency of a person in a precinct. A

person can rebut these presumptions by demonstrating intent toreside in another precinct and conduct taken to implement that intent.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-7
Temporary residency
    Sec. 7. A person does not gain residency in a precinct into whichthe person moves for:
        (1) temporary employment;
        (2) educational purposes; or
        (3) other purposes;
without the intent of making a permanent home in the precinct.
As added by P.L.12-1995, SEC.10. Amended by P.L.3-1997, SEC.18;P.L.164-2006, SEC.5.

IC 3-5-5-8
Person moving with intent to make new residence
    Sec. 8. If a person moves into another state with the intention ofmaking that state the person's residence, the person loses residencyin Indiana.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-9
Person moving with intent to remain for indefinite time
    Sec. 9. If a person moves to another state with the intention ofremaining in the other state for an indefinite time as a place ofresidence, the person loses residency in Indiana, even if the personintends to return at some time.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-10
Change in precinct of residence
    Sec. 10. If a person moves into another precinct in Indiana withthe intention of making that precinct the person's residence, theperson loses residency in the precinct that the person left.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-11
Location of immediate family as residence
    Sec. 11. The place where a person's immediate family resides isthe person's residence, unless the family's residence is:
        (1) a temporary location for the person's immediate family; or
        (2) for transient purposes.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-12
Living away from family while conducting business
    Sec. 12. Except as provided in section 13 of this chapter, if:
        (1) a person's immediate family resides in one (1) place; and
        (2) the person does business in another place;the residence of the immediate family is the person's residence.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-13
Living away from family with intent to remain away
    Sec. 13. If a person:
        (1) is living at a place other than the residence of the person'simmediate family; and
        (2) has the intention of remaining at that place;
the place where the person lives is the person's residence.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-14
Establishment of voting residence separate from spouse
    Sec. 14. A married person who does not live in a household withthe person's spouse may establish a separate residence from theresidence of the person's spouse.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-15
Unmarried persons
    Sec. 15. The residence of a person who:
        (1) is unmarried; and
        (2) does not have an immediate family;
is where the person usually sleeps.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-16
Residents of veterans home
    Sec. 16. A person who resides in a veterans home is a resident ofthe precinct in which the home is located.
As added by P.L.12-1995, SEC.10.

IC 3-5-5-17
Persons committed to mental health institutions
    Sec. 17. A person who is:
        (1) adjudged mentally ill; and
        (2) committed to an institution for individuals with a mentalillness;
does not gain residency in the precinct in which the institution islocated.
As added by P.L.12-1995, SEC.10. Amended by P.L.99-2007, SEC.4.

IC 3-5-5-18
Nontraditional residence
    Sec. 18. Notwithstanding IC 3-5-2-42.5, an individual with anontraditional residence whose residence is within a precinct, but isnot fixed or permanent, resides in that precinct.
As added by P.L.12-1995, SEC.10.