§ 163-57. Residence defined for registration and voting. - North Carolina Statutes

§ 163‑57.  Residencedefined for registration and voting.

All election officials indetermining the residence of a person offering to register or vote, shall begoverned by the following rules, so far as they may apply:

(1)        That place shall beconsidered the residence of a person in which that person's habitation isfixed, and to which, whenever that person is absent, that person has theintention of returning.

a.         In the event that aperson's habitation is divided by a State, county, municipal, precinct, ward,or other election district, then the location of the bedroom or usual sleepingarea for that person with respect to the location of the boundary line at issueshall be controlling as the residency of that person.

b.         If the persondisputes the determination of residency, the person may request a hearingbefore the county board of elections making the determination of residency. Theprocedures for notice of hearing and the conduct of the hearing shall be asprovided in G.S. 163‑86. The presentation of an accurate and currentdetermination of a person's residence and the boundary line at issue by map orother means available shall constitute prima facie evidence of the geographiclocation of the residence of that person.

c.         In the event that aperson's residence is not a traditional residence associated with realproperty, then the location of the usual sleeping area for that person shall becontrolling as to the residency of that person. Residence shall be broadlyconstrued to provide all persons with the opportunity to register and to vote,including stating a mailing address different from residence address.

(2)        A person shall notbe considered to have lost that person's residence if that person leaves homeand goes into another state, county, municipality, precinct, ward, or otherelection district of this State, for temporary purposes only, with theintention of returning.

(3)        A person shall notbe considered to have gained a residence in any county, municipality, precinct,ward, or other election district of this State, into which that person comesfor temporary purposes only, without the intention of making that county,municipality, precinct, ward, or other election district a permanent place ofabode.

(4)        If a person removesto another state or county, municipality, precinct, ward, or other electiondistrict within this State, with the intention of making that state, county,municipality, precinct, ward, or other election district a permanent residence,that person shall be considered to have lost residence in the state, county,municipality, precinct, ward, or other election district from which that personhas removed.

(5)        If a person removesto another state or county, municipality, precinct, ward, or other electiondistrict within this State, with the intention of remaining there an indefinitetime and making that state, county, municipality, precinct, ward, or otherelection district that person's place of residence, that person shall beconsidered to have lost that person's place of residence in this State, county,municipality, precinct, ward, or other election district from which that personhas removed, notwithstanding that person may entertain an intention to returnat some future time.

(6)        If a person goesinto another state, county, municipality, precinct, ward, or other electiondistrict, or into the District of Columbia, and while there exercises the rightof a citizen by voting in an election, that person shall be considered to havelost residence in that State, county, municipality, precinct, ward, or otherelection district from which that person removed.

(7)        School teachers whoremove to a county, municipality, precinct, ward, or other election district inthis State for the purpose of teaching in the schools of that countytemporarily and with the intention or expectation of returning during vacationperiods to live where their parents or other relatives reside in this State andwho do not have the intention of becoming residents of the county,municipality, precinct, ward, or other election district to which they havemoved to teach, for purposes of registration and voting shall be consideredresidents of the county, municipality, precinct, ward, or other electiondistrict in which their parents or other relatives reside.

(8)        If a person removesto the District of Columbia or other federal territory to engage in thegovernment service, that person shall not be considered to have lost residencein this State during the period of such service unless that person votes in theplace to which the person removed, and the place at which that person residedat the time of that person's removal shall be considered and held to be theplace of residence.

(9)        If a person removesto a county, municipality, precinct, ward, or other election district to engagein the service of the State government, that person shall not be considered tohave lost residence in the county, municipality, precinct, ward, or otherelection district from which that person removed, unless that person votes inthe place to which the person removed, and the place at which that personresided at the time of that person's removal shall be considered and held to bethe place of residence.

(9a)      The establishment ofa secondary residence by an elected official outside the district of the electedofficial shall not constitute prima facie evidence of a change of residence.

(10)      For the purpose ofvoting a spouse shall be eligible to establish a separate domicile.

(11)      So long as a studentintends to make the student's home in the community where the student isphysically present for the purpose of attending school while the student isattending school and has no intent to return to the student's former home aftergraduation, the student may claim the college community as the student'sdomicile. The student need not also intend to stay in the college communitybeyond graduation in order to establish domicile there. This subdivision isintended to codify the case law. (19th amendt. U.S. Const.; amendt. State Const., 1920;1901, c. 89, s. 15; Rev., s. 4316; C.S., s. 5937; Ex. Sess. 1920, c. 18, s. 1;1933, c. 165, s. 4; 1945, c. 758, s. 7; 1955, c. 871, s. 2; 1967, c. 775, s. 1;1981, c. 184; 1991, c. 727, s. 5.1; 1993 (Reg. Sess., 1994), c. 762, s. 22;2001‑316, s. 1; 2005‑428, s. 3(b); 2006‑262, s. 2.1.)