SB 838
Defining residence for purpose of registration and voting in WV
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill clarifies the definition of ‘residence’ for the purpose of voter registration and voting in West Virginia. It establishes rules for election officials to determine a person’s residence, considering factors like where a person habitually lives, where they intend to return, and the location of their usual sleeping area. The bill also outlines specific scenarios, such as temporary absences, moves within the state, and situations involving school teachers or government service, to determine whether a person has lost or gained residency.
Key provisions
- Election officials must consider where a person’s habitation is fixed and where they intend to return when determining residency.
- A person’s bedroom or usual sleeping area is controlling if habitation is divided by district lines.
- Individuals facing residency challenges must appear in person at the county clerk’s office to present evidence of residency.
- A person is not considered to have lost residency if they temporarily leave the state with the intention of returning.
- School teachers temporarily residing in a county for teaching purposes are considered residents of the county where their relatives reside.
- Government service in the District of Columbia or other federal territories does not automatically result in loss of state residency.
- Spouses can establish a separate domicile for voting purposes.
- Students attending school can claim the college community as their domicile.
Who is affected
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