Title 20A Chapter 2 Section 105

Election Code
Voter Registration
Section 105
Determining residency.

            

20A-2-105.   Determining residency.

            (1) Except as provided in Subsection (4), election officials and judges shall apply the standards and requirements of this section when determining whether or not a person is a resident for purposes of interpreting this title or the Utah Constitution.

            (2) A "resident" is a person who resides within a specific voting precinct in Utah as provided in this section.

            (3) (a) A person resides in Utah if:

            (i) the person's principal place of residence is within Utah; and

            (ii) the person has a present intention to continue residency within Utah permanently or indefinitely.

            (b) A person resides within a particular voting precinct if, as of the date of registering to vote, the person has the person's principal place of residence in that voting precinct.

            (4) (a) The principal place of residence of any person shall be determined by applying the provisions of this Subsection (4).

            (b) A person's "principal place of residence" is that place in which the person's habitation is fixed and to which, whenever the person is absent, the person has the intention of returning.

            (c) A person has not gained or lost a residence solely because the person is present in Utah or present in a voting precinct or absent from Utah or absent from the person's voting precinct because the person is:

            (i) employed in the service of the United States or of Utah;

            (ii) a student at any institution of learning;

            (iii) incarcerated in prison or jail; or

            (iv) residing upon any Indian or military reservation.

            (d) (i) A member of the armed forces of the United States is not a resident of Utah merely because that member is stationed at any military facility within Utah.

            (ii) In order to be a resident of Utah, that member shall meet the other requirements of this section.

            (e) (i) Except as provided in Subsection (4)(e)(ii), a person has not lost the person's residence if that person leaves the person's home to go into a foreign country or into another state or into another voting precinct within Utah for temporary purposes with the intention of returning.

            (ii) If that person has voted in that other state or voting precinct, the person is a resident of that other state or voting precinct.

            (f) A person is not a resident of any county or voting precinct if that person comes for temporary purposes and does not intend to make that county or voting precinct the person's home.

            (g) If a person removes to another state with the intention of making it the person's principal place of residence, the person loses the person's residence in Utah.

            (h) If a person moves to another state with the intent of remaining there for an indefinite time as a place of permanent residence, the person loses the person's residence in Utah, even though the person intends to return at some future time.

            (i) (i) Except as provided in Subsection (4)(i)(ii), the place where a person's family resides is presumed to be the person's place of residence.

            (ii) A person may rebut the presumption established in Subsection (4)(i)(i) by proving the person's intent to remain at a place other than where the person's family resides.

            (j) (i) A person has changed the person's residence if:

            (A) the person has acted affirmatively to move from one geographic location; and

            (B) the person has an intent to remain in another place.

            (ii) There can only be one residence.

            (iii) A residence cannot be lost until another is gained.

            (5) In computing the period of residence, a person shall:

            (a) include the day on which the person's residence begins; and

            (b) exclude the day of the next election.

            (6) (a) There is a presumption that a person is a resident of Utah and of a voting precinct and intends to remain in Utah permanently or indefinitely if the person makes an oath or affirmation upon a registration application form that the person's residence address and place of residence is within a specific voting precinct in Utah.

            (b) The election officers and election officials shall allow that person to register and vote unless, upon a challenge by a registrar or some other person, it is shown by law or by clear and convincing evidence that:

            (i) the person does not intend to remain permanently or indefinitely in Utah; or

            (ii) the person is incarcerated in prison or jail.

            (7) (a) The rules set forth in this section for determining place of residence for voting purposes do not apply to a person incarcerated in prison or jail.

            (b) For voting registration purposes, a person incarcerated in prison or jail is considered to reside in the voting precinct in which the person's place of residence was located before incarceration.

            (8) If a person's principal place of residence is a residential parcel of one acre in size or smaller that is divided by the boundary line between two or more counties, that person shall be considered a resident of the county in which a majority of the residential parcel lies.


Amended by Chapter 297, 2011 General Session