HF 686

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to elections; clarifying residence for voting
purposes; amending Minnesota Statutes 2004, section
200.031.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 200.031, is
amended to read:

200.031 DETERMINATION OF RESIDENCE.

Residence shall be determined in accordance with the
following principles, so far as they may be applicable to the
facts of the case:

(a) The residence of an individual is in the precinct where
the individual's home is located, from which the individual has
no present intention of moving, and to which, whenever the
individual is absent, the individual intends to return;

(b) An individual does not lose residence if the individual
leaves home to live temporarily in another state or precinct;

(c) An individual does not acquire a residence in any
precinct of this state if the individual is living there only
temporarily, without the intention of making that precinct
home new text begin . A student does not acquire residence in the precinct
where the student's dormitory or other college or boarding
school housing is located unless there is evidence that the
dormitory or housing will be the student's permanent home and is
not merely temporary housing while the student attends the
college or boarding school new text end ;

(d) If an individual goes into another state or precinct
with the intention of making it home or files an affidavit of
residence there for election purposes, the individual loses
residence in the former precinct;

(e) If an individual moves to another state with the
intention of living there for an indefinite period, the
individual loses residence in this state, notwithstanding any
intention to return at some indefinite future time;

(f) Except as otherwise provided in this section, an
individual's residence is located in the precinct where the
individual's family lives, unless the individual's family is
living in that precinct only temporarily;

(g) If an individual's family lives in one precinct and the
individual lives or does business in another, the individual's
residence is located in the precinct where the individual's
family lives, unless the individual establishes a home in the
other precinct and intends to remain there, with or without the
individual's family;

(h) The residence of a single individual is in the precinct
where the individual lives and usually sleeps;

(i) The mere intention to acquire a new residence, is not
sufficient to acquire a new residence, unless the individual
moves to that location; moving to a new location is not
sufficient to acquire a new residence unless the individual
intends to remain there;

(j) The residence of an individual who is working new text begin or
attending school new text end temporarily in any precinct of this state is in
the precinct where the individual's permanent home is located;

(k) The residence of an individual who is living
permanently in a soldiers' home or nursing home is in the
precinct where the home is located;

(l) If an individual's home lies in more than one precinct
or political subdivision, the residence of the individual is in
the precinct in which a majority of the room in which the
individual usually sleeps is located;

(m) If an individual's home is destroyed or rendered
uninhabitable by fire or natural disaster, the individual does
not lose residence in the precinct where the home is located if
the individual intends to return to the home when it is
reconstructed or made habitable.