Residency, Qualifications, and Law March 31, 2010

Residency,Qualifications, and

LawMarch 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 cases1.Carolina Beach

19342.Kure Beach

1952

What is residency?The statute:GS 163-57

“That place shall be considered the residence of a

person . . .

“in which that person’s 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 return3. 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 person’s 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 defendant’s declarations

concerning his domicile. We must point out, however, that conduct is of greater

evidential value than expressions of intent.” 1994

GS 163-57: “That place shall be considered the residence of a person in

which that person’s 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 student’s 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.”