Legislation
SECTION 5-104
Qualifications of voters; residence, gaining or losing
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 1
§ 5-104. Qualifications of voters; residence, gaining or losing. 1.
For the purpose of registering and voting no person shall be deemed to
have gained or lost a residence by reason of his presence or absence
while employed in the service of the United States, nor while engaged in
the navigation of the waters of this state, or of the United States, or
of the high seas; nor while a student of any institution of learning;
nor while kept at any welfare institution, asylum or other institution
wholly or partly supported at public expense or by charity; nor while
confined in any public prison.
2. In determining a voter's qualification to register and vote, the
board to which such application is made shall consider, in addition to
the applicant's expressed intent, his conduct and all attendant
surrounding circumstances relating thereto. The board taking such
registration may consider the applicant's financial independence,
business pursuits, employment, income sources, residence for income tax
purposes, age, marital status, residence of parents, spouse and
children, if any, leaseholds, sites of personal and real property owned
by the applicant, motor vehicle and other personal property
registration, and other such factors that it may reasonably deem
necessary to determine the qualification of an applicant to vote in an
election district within its jurisdiction. The decision of a board to
which such application is made shall be presumptive evidence of a
person's residence for voting purposes.
For the purpose of registering and voting no person shall be deemed to
have gained or lost a residence by reason of his presence or absence
while employed in the service of the United States, nor while engaged in
the navigation of the waters of this state, or of the United States, or
of the high seas; nor while a student of any institution of learning;
nor while kept at any welfare institution, asylum or other institution
wholly or partly supported at public expense or by charity; nor while
confined in any public prison.
2. In determining a voter's qualification to register and vote, the
board to which such application is made shall consider, in addition to
the applicant's expressed intent, his conduct and all attendant
surrounding circumstances relating thereto. The board taking such
registration may consider the applicant's financial independence,
business pursuits, employment, income sources, residence for income tax
purposes, age, marital status, residence of parents, spouse and
children, if any, leaseholds, sites of personal and real property owned
by the applicant, motor vehicle and other personal property
registration, and other such factors that it may reasonably deem
necessary to determine the qualification of an applicant to vote in an
election district within its jurisdiction. The decision of a board to
which such application is made shall be presumptive evidence of a
person's residence for voting purposes.