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AB-1425 Residency: displacement by natural disaster.(2019-2020)

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Date Published: 02/22/2019 09:00 PM
AB1425:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1425


Introduced by Assembly Member Gallagher

February 22, 2019


An act to amend Section 2021 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1425, as introduced, Gallagher. Residency: displacement by natural disaster.
Existing law defines “residence” for voting purposes as a person’s domicile. Existing law describes the domicile of a person for voting purposes as that place in which their habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are absent, the person has the intention of returning. Existing law describes the residence of a person as that place in which the person’s habitation is fixed for some period of time, but wherein they do not have the intention of remaining. Existing law provides that a person may have only one domicile at a given time, but may have more than one residence. Existing law guarantees that a person who leaves their home to go into another state or precinct in this state for temporary purposes merely, with the intention of returning, does not lose their domicile.
This bill would specifically guarantee that a person who leaves the person’s home for temporary purposes because of a natural disaster, who has the intention of returning to the home or to another address within the same jurisdiction, does not lose the person’s domicile at that home. The bill would specifically authorize the person to provide a temporary address for mailing purposes without losing their domicile.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2021 of the Elections Code is amended to read:

2021.
 (a) A person who leaves his or her the person’s home to go into another state or precinct in this state for temporary purposes merely, with the intention of returning, does not lose his or her the person’s domicile.
(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the person’s home.
(c) A person who leaves the person’s home for temporary purposes because of a natural disaster, who has the intention of returning to that home or to another address within the same jurisdiction, does not lose the person’s domicile at that home. The person may provide a temporary address for mailing purposes without losing the domicile at that home.