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 of
the 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 retains
residency 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 residence
in 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 of
the State of Indiana, a person is not considered to have lost residence
in a precinct in Indiana by reason of the person's absence on the
business 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 establish
presumptions regarding the residency of a person in a precinct. A
person can rebut these presumptions by demonstrating intent to
reside 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 which
the 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 of
making that state the person's residence, the person loses residency
in 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 of
remaining in the other state for an indefinite time as a place of
residence, the person loses residency in Indiana, even if the person
intends 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 with
the intention of making that precinct the person's residence, the
person 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 is
the 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's
immediate 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 with
the person's spouse may establish a separate residence from the
residence 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 of
the 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 mental
illness;
does not gain residency in the precinct in which the institution is
located. 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 a
nontraditional residence whose residence is within a precinct, but is
not fixed or permanent, resides in that precinct. As added by P.L.12-1995, SEC.10.
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 of
the 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 retains
residency 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 residence
in 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 of
the State of Indiana, a person is not considered to have lost residence
in a precinct in Indiana by reason of the person's absence on the
business 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 establish
presumptions regarding the residency of a person in a precinct. A
person can rebut these presumptions by demonstrating intent to
reside 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 which
the 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 of
making that state the person's residence, the person loses residency
in 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 of
remaining in the other state for an indefinite time as a place of
residence, the person loses residency in Indiana, even if the person
intends 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 with
the intention of making that precinct the person's residence, the
person 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 is
the 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's
immediate 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 with
the person's spouse may establish a separate residence from the
residence 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 of
the 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 mental
illness;
does not gain residency in the precinct in which the institution is
located. 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 a
nontraditional residence whose residence is within a precinct, but is
not fixed or permanent, resides in that precinct. As added by P.L.12-1995, SEC.10.
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 of
the 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 retains
residency 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 residence
in 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 of
the State of Indiana, a person is not considered to have lost residence
in a precinct in Indiana by reason of the person's absence on the
business 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 establish
presumptions regarding the residency of a person in a precinct. A
person can rebut these presumptions by demonstrating intent to
reside 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 which
the 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 of
making that state the person's residence, the person loses residency
in 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 of
remaining in the other state for an indefinite time as a place of
residence, the person loses residency in Indiana, even if the person
intends 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 with
the intention of making that precinct the person's residence, the
person 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 is
the 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's
immediate 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 with
the person's spouse may establish a separate residence from the
residence 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 of
the 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 mental
illness;
does not gain residency in the precinct in which the institution is
located. 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 a
nontraditional residence whose residence is within a precinct, but is
not fixed or permanent, resides in that precinct. As added by P.L.12-1995, SEC.10.
