Amended IN Senate April 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 163Introduced by Senator BradfordJanuary 19, 2017 An act to amend Sections 349 and Section 2026 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTSB 163, as amended, Bradford. Elections: domicile: residence. residence: domicile.Existing law defines residence for voting purposes as a persons 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 persons habitation is fixed for some period of time, but wherein he or he 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, it shall be conclusively presumed that the residence address indicated on that persons currently filed affidavit of voter registration is conclusively presumed to be that persons domicile.This bill would provide that a persons domicile or residence may also be the place in which the person has legal tenancy. This bill would define legal tenancy for voting purposes to mean a persons right to possess or hold property, whether by lease or by title. This bill would provide that the conclusive presumption for determining clarify that the domicile of a Member of the Legislatures domicile applies if the person has legal tenancy at the residence address indicated on his or her affidavit of voter registration. Legislature or a Representative in Congress is to be determined solely by the operation of this conclusive presumption and not by the above-described factual criteria otherwise used to determine a persons domicile.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 349 of the Elections Code is amended to read:349.(a)Residence for voting purposes means a persons domicile.(b)(1)The domicile of a person is either of the following:(A)That place in which the persons 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.(B)That place in which the person has legal tenancy.(2)At a given time, a person may have only one domicile.(c)(1)The residence of a person is either of the following:(A)That place in which the persons habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining.(B)That place in which the person has legal tenancy.(2)At a given time, a person may have more than one residence.(d)Legal tenancy for voting purposes means a persons right to possess or hold property, whether by lease or by title.SEC. 2.Section 2026 of the Elections Code is amended to read: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 persons currently filed affidavit of voter registration if the person has legal tenancy at that residence address.SECTION 1. Section 2026 of the Elections Code is amended to read: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 persons currently filed affidavit of registration. Domicile for purposes of this section shall be determined solely by the operation of this conclusive presumption and not by the criteria specified in Section 349.
Amended IN Senate April 18, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 163Introduced by Senator BradfordJanuary 19, 2017 An act to amend Sections 349 and Section 2026 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTSB 163, as amended, Bradford. Elections: domicile: residence. residence: domicile.Existing law defines residence for voting purposes as a persons 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 persons habitation is fixed for some period of time, but wherein he or he 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, it shall be conclusively presumed that the residence address indicated on that persons currently filed affidavit of voter registration is conclusively presumed to be that persons domicile.This bill would provide that a persons domicile or residence may also be the place in which the person has legal tenancy. This bill would define legal tenancy for voting purposes to mean a persons right to possess or hold property, whether by lease or by title. This bill would provide that the conclusive presumption for determining clarify that the domicile of a Member of the Legislatures domicile applies if the person has legal tenancy at the residence address indicated on his or her affidavit of voter registration. Legislature or a Representative in Congress is to be determined solely by the operation of this conclusive presumption and not by the above-described factual criteria otherwise used to determine a persons domicile.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate April 18, 2017
Amended IN Senate April 18, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 163
Introduced by Senator BradfordJanuary 19, 2017
Introduced by Senator Bradford
January 19, 2017
An act to amend Sections 349 and Section 2026 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 163, as amended, Bradford. Elections: domicile: residence. residence: domicile.
Existing law defines residence for voting purposes as a persons 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 persons habitation is fixed for some period of time, but wherein he or he 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, it shall be conclusively presumed that the residence address indicated on that persons currently filed affidavit of voter registration is conclusively presumed to be that persons domicile.This bill would provide that a persons domicile or residence may also be the place in which the person has legal tenancy. This bill would define legal tenancy for voting purposes to mean a persons right to possess or hold property, whether by lease or by title. This bill would provide that the conclusive presumption for determining clarify that the domicile of a Member of the Legislatures domicile applies if the person has legal tenancy at the residence address indicated on his or her affidavit of voter registration. Legislature or a Representative in Congress is to be determined solely by the operation of this conclusive presumption and not by the above-described factual criteria otherwise used to determine a persons domicile.
Existing law defines residence for voting purposes as a persons 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 persons habitation is fixed for some period of time, but wherein he or he 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, it shall be conclusively presumed that the residence address indicated on that persons currently filed affidavit of voter registration is conclusively presumed to be that persons domicile.
This bill would provide that a persons domicile or residence may also be the place in which the person has legal tenancy. This bill would define legal tenancy for voting purposes to mean a persons right to possess or hold property, whether by lease or by title. This bill would provide that the conclusive presumption for determining clarify that the domicile of a Member of the Legislatures domicile applies if the person has legal tenancy at the residence address indicated on his or her affidavit of voter registration. Legislature or a Representative in Congress is to be determined solely by the operation of this conclusive presumption and not by the above-described factual criteria otherwise used to determine a persons domicile.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 349 of the Elections Code is amended to read:349.(a)Residence for voting purposes means a persons domicile.(b)(1)The domicile of a person is either of the following:(A)That place in which the persons 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.(B)That place in which the person has legal tenancy.(2)At a given time, a person may have only one domicile.(c)(1)The residence of a person is either of the following:(A)That place in which the persons habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining.(B)That place in which the person has legal tenancy.(2)At a given time, a person may have more than one residence.(d)Legal tenancy for voting purposes means a persons right to possess or hold property, whether by lease or by title.SEC. 2.Section 2026 of the Elections Code is amended to read: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 persons currently filed affidavit of voter registration if the person has legal tenancy at that residence address.SECTION 1. Section 2026 of the Elections Code is amended to read: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 persons currently filed affidavit of registration. Domicile for purposes of this section shall be determined solely by the operation of this conclusive presumption and not by the criteria specified in Section 349.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)Residence for voting purposes means a persons domicile.
(b)(1)The domicile of a person is either of the following:
(A)That place in which the persons 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.
(B)That place in which the person has legal tenancy.
(2)At a given time, a person may have only one domicile.
(c)(1)The residence of a person is either of the following:
(A)That place in which the persons habitation is fixed for some period of time, but wherein he or she does not have the intention of remaining.
(B)That place in which the person has legal tenancy.
(2)At a given time, a person may have more than one residence.
(d)Legal tenancy for voting purposes means a persons right to possess or hold property, whether by lease or by title.
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 persons currently filed affidavit of voter registration if the person has legal tenancy at that residence address.
SECTION 1. Section 2026 of the Elections Code is amended to read: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 persons currently filed affidavit of registration. Domicile for purposes of this section shall be determined solely by the operation of this conclusive presumption and not by the criteria specified in Section 349.
SECTION 1. Section 2026 of the Elections Code is amended to read:
### SECTION 1.
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 persons currently filed affidavit of registration. Domicile for purposes of this section shall be determined solely by the operation of this conclusive presumption and not by the criteria specified in Section 349.
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 persons currently filed affidavit of registration. Domicile for purposes of this section shall be determined solely by the operation of this conclusive presumption and not by the criteria specified in Section 349.
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 persons currently filed affidavit of registration. Domicile for purposes of this section shall be determined solely by the operation of this conclusive presumption and not by the criteria specified in Section 349.
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 persons currently filed affidavit of registration. Domicile for purposes of this section shall be determined solely by the operation of this conclusive presumption and not by the criteria specified in Section 349.