TITLE 34

ELECTIONS

CHAPTER 1

DEFINITIONS

34-107.  "Residence" defined. (1) "Residence," for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence.

(2)  If a person claims an exemption under section 63-602G, Idaho Code, then the homestead for which the exemption is claimed shall be the person’s residence for voting purposes. If no such exemption is claimed, then in determining the principal or primary place of abode of a person, the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.

(3)  A qualified elector who has left his home and gone into another state or territory or county of this state for a temporary purpose only shall not be considered to have lost his residence.

(4)  A qualified elector shall not be considered to have gained a residence in any county or city of this state into which he comes for temporary purposes only, without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.

(5)  If a qualified elector moves to another state, or to any of the other territories, with the intention of making it his permanent home, he shall be considered to have lost his residence in this state.

History:

[34-107, added 1970, ch. 140, sec. 7, p. 351; am. 1971, ch. 194, sec. 7, p. 881; am. 1982, ch. 215, sec. 1, p. 589; am. 1989, ch. 147, sec. 1, p. 354; am. 1996, ch. 322, sec. 34, p. 1063; am. 2022, ch. 81, sec. 1, p. 229.]