§ 9-3-119 — Cancellation of certificate - Renunciation of residence and domicile

(a) (1) It shall be the duty of the prosecuting attorney of a county, upon affidavit showing good cause, to institute proceedings in any court having jurisdiction under this chapter for the purpose of setting aside and cancelling any certificate issued under this chapter on the ground of fraud or on the ground that the certificate was illegally procured. (2) (A) In any such proceeding, the party holding the certificate alleged to have been fraudulently or illegally procured shall have sixty (60) days' personal notice in which to make answer to the petition of the State of Arkansas. (B) If the holder of the certificate is absent from the state or from the district in which he or she last had residence, the notice shall be given by publication in the manner provided for the service of summons by publication or upon absentees by the laws of the state. (3) If any person who secures a certificate of residence and domicile under the provisions of this chapter shall, within two (2) years after the issuance of the certificate, cease to reside in the state more than thirty (30) days in any one (1) year, it shall be considered prima facie evidence of a lack of intention on the part of the person to become a permanent resident of the state at the time of the filing of the application for a certificate of residence and domicile and, in the absence of contrary evidence, it shall be sufficient evidence, in the proper proceeding, to authorize the cancellation of his or her certificate of residence and domicile as fraudulent. (b) (1) Not less than two (2) years after a certificate of residence and domicile has been issued under this chapter, the person to whom the certificate has been issued may file a petition signed in duplicate in his or her own handwriting, duly verified, which shall state his or her full name, his or her place of residence with the street number, if possible, his or her occupation, his or her date and place of birth, the state in which he or she intends to reside, the date and place of his or her first address within this state, the time when and place and name of the court where he or she declared his or her intention to become a resident domiciled in the State of Arkansas, and the name of the court where he or she received his or her certificate of residence and domicile. If married, he or she shall state the name of his or her spouse, his or her place of residence at the time of filing this petition, and if he or she has children, the name, date, and place of birth, and place of residence of each child living at the time of filing this petition. (2) The petition shall set forth that he or she renounces absolutely his or her residence and domicile in the State of Arkansas and that it is his or her intention to reside permanently in a state other than Arkansas. (c) (1) Whenever a certificate of residence and domicile is set aside or cancelled as provided in this section, the court in which the judgment or decree is rendered shall make an order cancelling the certificate and shall order a certified copy of the judgment sent to the Secretary of State. (2) (A) If the certificate was not originally issued by the court making the order, the court shall direct the clerk of the court to transmit a copy of the order and judgment to the court out of which the certificate of residence and domicile was originally issued. (B) It shall be the duty of the clerk of the court receiving the certified copy of the order and judgment of the court to enter the certified copy of the order and judgment of record and to cancel the original certificate of residence and domicile upon the records and to notify the Secretary of State of the cancellation.

Legislative History

Acts 1941, No. 355, § 20; A.S.A. 1947, § 34-1320