SECTIONS 2020-2035 - California Statutes

ELECTIONS CODE

SECTION 2020-2035

2020. The term of domicile is computed by including the day on
which the person's domicile commenced and by excluding the day of the
election.

2021. (a) A person who leaves his or her 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 domicile.
(b) A person does not gain a domicile in any precinct into which
he or she comes for temporary purposes merely, without the intention
of making that precinct his or her home.

2022. If a person moves to another state with the intention of
making it his or her domicile, the voter loses his or her domicile in
this state.

2023. If a person moves to another state as a place of permanent
residence, with the intention of remaining there for an indefinite
time, he or she loses his or her domicile in this state,
notwithstanding that he or she intends to return at some future time.

2024. The mere intention to acquire a new domicile, without the
fact of removal avails nothing, neither does the fact of removal
without the intention.

2025. A person does not gain or lose a domicile solely by reason of
his or her presence or absence from a place while employed in the
service of the United States or of this state, nor while engaged in
navigation, nor while a student of any institution of learning, nor
while kept in an almshouse, asylum or prison. This section shall not
be construed to prevent a student at an institution of learning from
qualifying as an elector in the locality where he or she domiciles
while attending that institution, when in fact the student has
abandoned his or her former domicile.

2026. The domicile of a Member of the Legislature or a
Representative in the Congress of the United States shall be
conclusively presumed to be at the residence address indicated on
that person's currently filed affidavit of registration.

2027. The place where a person's family is domiciled is his or her
domicile unless it is a place for temporary establishment for his or
her family or for transient objects.
Residence in a trailer or vehicle or at any public camp or camping
ground may constitute a domicile for voting purposes if the
registrant complies with the other requirements of this article.

2028. If a person has a family fixed in one place, and he or she
does business in another, the former is his or her place of domicile,
but any person having a family, who has taken up an abode with the
intention of remaining and whose family does not so reside with him
or her, is a domiciliary where he or she has so taken up the abode.

2029. The domicile of one spouse shall not be presumed to be that
of the other, but shall be determined independently in accordance
with this article.

2030. A domiciliary of this state who marries a person employed
temporarily in this state in the service of the United States
government, may elect to retain his or her domicile for the purpose
of qualifying as an elector only, except that his or her domicile in
this state shall terminate if the domiciliary qualifies as an elector
in any other state or any territory.

2031. If a person has more than one residence and that person
maintains a homeowner's property tax exemption on the dwelling of one
of the residences pursuant to Section 218 of the Revenue and
Taxation Code, there shall be a rebuttable presumption that the
residence subject to the homeowner's property tax exemption is that
person's domicile. However, this presumption shall not apply in the
event any other residence is listed as the person's current residence
address on any driver's license, identification card or vehicle
registration issued to that person by, and on file with, the
Department of Motor Vehicles.
If a person has more than one residence and that person claims a
renter's tax credit for one of the residences pursuant to Section
17053.5 of the Revenue and Taxation Code, there shall be a rebuttable
presumption that the residence subject to the renter's tax credit is
that person's domicile. However, this presumption shall not apply in
the event any other residence is listed as the person's current
residence address on any driver's license, identification card, or
vehicle registration issued to that person by, and on file with, the
Department of Motor Vehicles.
This section shall not be applicable to state or federal elected
officials.

2032. Except as provided in this article, if a person has more than
one residence and that person has not physically resided at any one
of the residences within the immediate preceding year, there shall be
a rebuttable presumption that those residences in which he or she
has not so resided within the immediate preceding year are merely
residences as defined in subdivision (c) of Section 349 and not his
or her domicile.

2033. Whenever the house number or the mailing address of a voter
has been changed and the voter's domicile is the same, the public
agency authorizing the change shall notify the county elections
official in writing of the change and the county elections official
shall make the change on the voter's affidavit of registration and a
new affidavit shall not be required.

2034. A person domiciled in a house or apartment lying in more than
one precinct shall be registered as domiciled in the precinct
designated by the county elections official on the basis of the
street address or other precinct the county elections official
considers appropriate unless the person requests, either by letter or
in person at the office of the county elections official, that he or
she wishes to be domiciled for registration purposes in another
precinct in which his or her house or apartment lies. In order to
fulfill the requirements of this section, the letter of request shall
include the name, signature, and residence address of the requester.

2035. A person duly registered as a voter in any precinct in
California who removes therefrom within 14 days prior to an election
shall, for the purpose of that election, be entitled to vote in the
precinct from which the person so removed until the close of the
polls on the date of that election.