CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1040Introduced by Assembly Member EssayliFebruary 20, 2025 An act to amend Section 2021 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1040, as introduced, Essayli. Elections: residency: displacement by natural disaster.Existing law defines residence for voting purposes as a persons domicile. Existing law describes the domicile of a person for voting purposes as that place in which their habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are absent, the person has the intention of returning. Existing law provides that a person who leaves their home to go into another state or precinct in this state for temporary purposes, with the intention of returning, does not lose their domicile.This bill would additionally provide that a person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home.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 2021 of the Elections Code is amended to read:2021. (a) A person who leaves his or her the persons 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 the persons domicile.(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the persons home.(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1040Introduced by Assembly Member EssayliFebruary 20, 2025 An act to amend Section 2021 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1040, as introduced, Essayli. Elections: residency: displacement by natural disaster.Existing law defines residence for voting purposes as a persons domicile. Existing law describes the domicile of a person for voting purposes as that place in which their habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are absent, the person has the intention of returning. Existing law provides that a person who leaves their home to go into another state or precinct in this state for temporary purposes, with the intention of returning, does not lose their domicile.This bill would additionally provide that a person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1040
Introduced by Assembly Member EssayliFebruary 20, 2025
Introduced by Assembly Member Essayli
February 20, 2025
An act to amend Section 2021 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1040, as introduced, Essayli. Elections: residency: displacement by natural disaster.
Existing law defines residence for voting purposes as a persons domicile. Existing law describes the domicile of a person for voting purposes as that place in which their habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are absent, the person has the intention of returning. Existing law provides that a person who leaves their home to go into another state or precinct in this state for temporary purposes, with the intention of returning, does not lose their domicile.This bill would additionally provide that a person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home.
Existing law defines residence for voting purposes as a persons domicile. Existing law describes the domicile of a person for voting purposes as that place in which their habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are absent, the person has the intention of returning. Existing law provides that a person who leaves their home to go into another state or precinct in this state for temporary purposes, with the intention of returning, does not lose their domicile.
This bill would additionally provide that a person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 2021 of the Elections Code is amended to read:2021. (a) A person who leaves his or her the persons 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 the persons domicile.(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the persons home.(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 2021 of the Elections Code is amended to read:2021. (a) A person who leaves his or her the persons 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 the persons domicile.(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the persons home.(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.
SECTION 1. Section 2021 of the Elections Code is amended to read:
### SECTION 1.
2021. (a) A person who leaves his or her the persons 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 the persons domicile.(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the persons home.(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.
2021. (a) A person who leaves his or her the persons 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 the persons domicile.(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the persons home.(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.
2021. (a) A person who leaves his or her the persons 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 the persons domicile.(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the persons home.(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.
2021. (a) A person who leaves his or her the persons 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 the persons domicile.
(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the persons home.
(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.