§112. Residence for voting purposes

Voting residence is governed by the following provisions.   [PL 1985, c. 161, §6 (NEW).]

1.  Residence.  The residence of a person is that place where the person has established a fixed and principal home to which the person, whenever temporarily absent, intends to return.

A. The following factors may be offered by an applicant and considered by a registrar in determining a person's residence under this section. The registrar need not find all of these factors to be present in order to conclude that an applicant qualifies to register to vote in the municipality:

(1) A direct statement of intention by the person pursuant to section 121, subsection 1;

(2) The location of any dwelling currently occupied by the person;

(6) The place where any motor vehicle owned by the person is registered;

(8) The residence address, not a post office box, shown on a current income tax return;

(9) The residence address, not a post office box, at which the person's mail is received;

(10) The residence address, not a post office box, shown on any current resident hunting or fishing licenses held by the person;

(12) The residence address, not a post office box, shown on any motor vehicle operator's license held by the person;

(14) The receipt of any public benefit conditioned upon residency, defined substantially as provided in this subsection; or

(16) Any other objective facts tending to indicate a person's place of residence.   [PL 2009, c. 253, §10 (AMD).]

B.   [PL 1993, c. 695, §2 (RP).]

[PL 2009, c. 253, §10 (AMD).]

2.  Change.  A change of residence is made only by the act of removal, joined with the intent to remain in another place. A person can have only one residence at any given time.

[PL 1985, c. 161, §6 (NEW).]

3.  Residence retained.  A person does not lose the person's residence if the person temporarily leaves home and goes to another country, state or place in this State with the intent of returning.

[PL 1993, c. 695, §3 (AMD).]

4.  Separate residence.  The place where a person's family resides is presumed to be the person's place of residence, but a person may acquire a separate residence if the person takes another abode with the intention of remaining there. This subsection does not apply to uniformed service voters, students and others covered by subsection 7.

[PL 2003, c. 407, §5 (AMD).]

5.  Spouse may have separate residence.  A married person may be considered to have a residence separate from that of the person's spouse for the purposes of voting or holding office. For those purposes, residence is determined as if the person were single.

[PL 1993, c. 695, §3 (AMD).]

6.  Voting in another state.  A person loses the person's voting residence in this State if the person registers to vote in another state or votes in another state's election, either in person or by absentee ballot. That person is not eligible to register or vote in this State until the person again qualifies under section 111.

[PL 2007, c. 455, §5 (AMD).]

7.  Uniformed service voters, students, institutional patients, Indians.  A person does not gain or lose a residence solely because of the person's presence or absence while employed in the uniformed service or the merchant marine of the United States, while a student in any institution of learning, while kept in any institution at public expense or while residing upon any Indian or military reservations. This subsection may not be construed to prevent a student at any institution of learning from qualifying as a voter in the municipality where the student resides while attending that institution.

[PL 2003, c. 407, §5 (AMD).]

8.  Voting residence retained.  A person who has gained a voting residence in a municipality retains it, if the person so desires, when the person becomes a patient at a federal institution or an employee of a federal agency where the person is required to reside on land ceded to the Federal Government by the State. This subsection applies to a member of the uniformed service, merchant marine or the National Guard who is required to be in a place other than that in which the person has gained a voting residence.

[PL 2003, c. 407, §5 (AMD).]

9.  Federal property.  A person residing on federal property, except as stated in subsection 5, is eligible to register and vote in the voting district in which the federal property is located.

[PL 1985, c. 161, §6 (NEW).]

10.  Becoming 18 on federal property.  A person who becomes 18 years of age while residing on federal property as a patient at a federal institution or an employee of a federal agency, or while in the uniformed service, is considered to have gained a voting residence in the municipality in which the person resided at the time the person became such a patient, employee or member of the uniformed service.

[PL 2003, c. 407, §6 (AMD).]

11.  Spouse of member of uniformed service or merchant marine.  A person may have the same voting residence as that person's spouse who is a member of the uniformed service or merchant marine. A member of the uniformed service or merchant marine on active duty, whose spouse has a place of residence in this State, may establish a residence in the place of residence of the spouse by filing an affidavit with the registrar declaring an intention to reside in that place upon severance from the uniformed service or merchant marine.

[PL 2003, c. 407, §6 (AMD).]

12.  Spouse may have separate residence.

[PL 1985, c. 614, §5 (RP).]

13.  Voting in another state.

[PL 1985, c. 614, §5 (RP).]

14.  Persons incarcerated in correctional facilities.  The residence of a person incarcerated in a correctional facility, as defined in Title 34-A, section 1001, or in a county jail does not include the municipality where a person is incarcerated unless the person had resided in that municipality prior to incarceration.

A person incarcerated in a correctional facility may apply to register to vote in any municipality where that person has previously established a fixed and principal home to which the person intends to return.

[PL 1997, c. 436, §21 (AMD).]

15.  Nontraditional residence.  A person may have a nontraditional residence, including, but not limited to a shelter, park or underpass. A person's residency is not subject to challenge on the sole basis that the person has a nontraditional residence.

[PL 1993, c. 473, §5 (NEW); PL 1993, c. 473, §46 (AFF).]

SECTION HISTORY

PL 1985, c. 161, §6 (NEW). PL 1985, c. 614, §5 (AMD). PL 1987, c. 93 (AMD). PL 1993, c. 473, §§3-5 (AMD). PL 1993, c. 473, §46 (AFF). PL 1993, c. 695, §§2-4 (AMD). PL 1997, c. 436, §§20,21 (AMD). PL 2003, c. 407, §§5,6 (AMD). PL 2007, c. 455, §5 (AMD). PL 2009, c. 253, §10 (AMD).