Residency, Qualifications, and Law March 31, 2010.

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Presentation transcript:

Residency, Qualifications, and Law March 31, 2010

5 qualifications required by the NC Constitution

1. Born in the US or naturalized

2. 18 years of age

resided in the State of North Carolina for one year No

3. resided in current precinct, ward or other electoral district for 30 days

4. Not a felon or rights restored

5. registered

Every person presenting himself for registration shall be able to read and write

any section of the Constitution in the English language No

The mirror image cases 1.Carolina Beach Kure Beach 1952

What is residency? The statute: GS

That place shall be considered the residence of a person...

in which that persons habitation is fixed...

and to which, whenever that person is absent, that person has the intention of returning.

What is residency? The cases

residence vs. domicile

[R]esidence [for voting] is synonymous with domicile, denoting a permanent dwelling place, to which the party, when absent, intends to return. 1948

A domicile, once established, is presumed to continue. It is never lost until a new one is established, and the burden of proof rests upon the person who alleges a change. 1972

1.Actual abandonment of the first domicile 2.Intent not to return 3.New domicile with intent to be a permanent home 1948

[A] person has domicile for voting purposes at a place if he (1) has abandoned his prior home, (2) has a present intention to make that place his home, and (3) has no intention presently to leave that place. 1978

A persons testimony regarding his intention with respect to acquiring a new domicile or retaining his old one is competent evidence, but it is not conclusive of the question. 1972

We have not ignored defendants declarations concerning his domicile. We must point out, however, that conduct is of greater evidential value than expressions of intent. 1994

GS : That place shall be considered the residence of a person in which that persons habitation is fixed...

and to which, whenever that person is absent, that person has the intention of returning.

on a line: bedroom rule

homeless: the location of the usual sleeping area for that person

Teachers, federal government service, state government service, elected officials

spouses may have separate domiciles

A student may register at college town, if she has no intent to return to the students former home after graduation. Need not intend to stay in Boone afterward

If a person removes to [another place] with the intention of remaining there an indefinite time and making [that place his or her] place of residence, that person shall be considered to have lost [the old place as residence]...

notwithstanding that the person may entertain an intention to return at some future time.