What are the qualifications to be a resident of a state?
Full Question:
If a person lives in Texas, has a job there, gets mail there, and sees doctors there, are they a resident there even though they did not change their drivers license and are also using a P.O. box in another state where they grew up?
03/25/2009 |
Category: Venue |
State: Nevada |
#15755
Answer:
Although a person may have more than one residence, a person may have only one legal domicile, which is their primary residence for purposes of obtaining the jurisdiction of the court in the area of domicile. The precise defintion of a resident will vary by context and the governing entity involved. For example, a resident for tax purposes may be defined differently than for driving privileges. Often the person must have a minimum number of days of being present in the state.
The following is an example of an AZ election law:
16-101. Qualifications of registrant; definition
A. Every resident of the state is qualified to register to vote if he:
1. Is a citizen of the United States.
2. Will be eighteen years of age or more on or before the date of the
regular general election next following his registration.
3. Will have been a resident of the state twenty-nine days next preceding
the election, except as provided in section 16-126.
4. Is able to write his name or make his mark, unless prevented from so
doing by physical disability.
5. Has not been convicted of treason or a felony, unless restored to
civil rights.
6. Has not been adjudicated an incapacitated person as defined in
section 14-5101.
B. For purposes of this title, "resident" means an individual who has
actual physical presence in this state, or for purposes of a political
subdivision actual physical presence in the political subdivision, combined
with an intent to remain. A temporary absence does not result in a loss of
residence if the individual has an intent to return following his absence.
An individual has only one residence for purposes of this title.