11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse. The following rules shall determine residency for election purposes only:

(1) The residence of a person is that place in which the person's habitation is fixed, and to which, whenever the person is absent, the person has the intention to return;

(2) A person does not gain residence in any precinct into which the person comes without the present intention of establishing the person's permanent dwelling place within such precinct;

(3) If a person resides with the person's family in one place, and does business in another, the former is the person's place of residence; but any person having a family, who establishes the person's dwelling place other than with the person's family, with the intention of remaining there shall be considered a resident where the person has established such dwelling place;

(4) The mere intention to acquire a new residence without physical presence at such place, does not establish residency, neither does mere physical presence without the concurrent present intention to establish such place as the person's residence;

(5) A person does not gain or lose a residence solely by reason of the person's presence or absence while employed in the service of the United States or of this State, or while a student of an institution of learning, or while kept in an institution or asylum, or while confined in a prison;

(6) No member of the armed forces of the United States, the member's spouse or the member's dependent is a resident of this State solely by reason of being stationed in the State;

(7) A person loses the person's residence in this State if the person votes in an election held in another state by absentee ballot or in person.

In case of question, final determination of residence shall be made by the clerk, subject to appeal to the board of registration under part III of this chapter. [L 1970, c 26, pt of 2; am L 1975, c 36, 1(1); am L 1977, c 189, 1(1); gen ch 1985]

 

Attorney General Opinions

 

Residency of person living temporarily out-of-district. Att. Gen. Op. 86-10.

 

Case Notes

 

County board of registration did not err in finding that voter, by changing voter registration to Lahaina, where voter was living and working at the time, lost voter's residency on Lanai; by registering to vote in Lahaina, voter represented that it was voter's place of residence and that statement of intent, together with voter's habitation on Maui, established Maui as voter's residence. 121 H. 297, 219 P.3d 1084 (2009).

County board of registration did not err in finding that voter was a resident of Lahaina rather than Lanai for purposes of voting in the 2008 general election where voter did not abandon voter's residence in Lahaina and relocate voter's permanent residence to Lanai, voter did not own or work for a business on Lanai, did not own or rent a house or keep a car on the island, and substantial evidence supported the inference that voter had not established sufficient physical presence on Lanai where plaintiff had not seen voter at the post office, the store, gas station or restaurants, or either bank on Lanai. 121 H. 297, 219 P.3d 1084 (2009).

Mentioned: 878 F. Supp. 2d 1124 (2012); 960 F. Supp. 2d 1074 (2013).

 

 

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