Existing law defines “residence” for voting purposes as a person’s domicile. Existing law describes the domicile of a person as that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is 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 he or she does 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 also provides that, for purposes of determining the domicile of a Member of the Legislature or a Representative in the Congress of the United States, the residence address indicated on that person’s currently filed affidavit of voter registration is conclusively presumed to be that person’s domicile.

This bill would provide that this presumption applies as long as the address listed is one of the member or representative’s residences, notwithstanding that the member or representative may have another residence at which any of certain conditions apply.