(1)Every person who has
attained the age of eighteen years possessing the following qualifications is
entitled to register to vote at all municipal elections:
(a)He is a citizen of the United States.
(b)The person is a resident of the municipal precinct and has resided in this
state for twenty-two days immediately preceding the election at which the person
offers to vote. In order to vote in a municipal election conducted under this article, a
person must be a registered elector. An otherwise qualified and registered elector
who moves from the municipal election precinct where registered to another
precinct within the same municipality is permitted to cast a ballot for an election at
the polling place in the precinct where registered.
(2)No person confined in any public pris
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(1) Every person who has
attained the age of eighteen years possessing the following qualifications is
entitled to register to vote at all municipal elections:
(a) He is a citizen of the United States.
(b) The person is a resident of the municipal precinct and has resided in this
state for twenty-two days immediately preceding the election at which the person
offers to vote. In order to vote in a municipal election conducted under this article, a
person must be a registered elector. An otherwise qualified and registered elector
who moves from the municipal election precinct where registered to another
precinct within the same municipality is permitted to cast a ballot for an election at
the polling place in the precinct where registered.
(2) No person confined in any public prison is entitled to register or to vote at
any regular or special election. Every person who was a qualified elector prior to
such imprisonment and who is released by pardon or by having served his full term
of imprisonment shall be vested with all the rights of citizenship except as
otherwise provided in the state constitution.
(3) The judges of election, in determining the residence of a person offering
to vote, shall be governed by the following rules, so far as they may be applicable:
(a) The residence of a person is 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. In determining what is a 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 purposes, age, marital status, residence of
parents, spouse, and children, if any, leaseholds, situs of personal and real property,
and motor vehicle registration.
(b) A person shall not be considered to have lost his residence if he leaves
his home and goes into another state or territory or another county or municipality
of this state merely for temporary purposes with an intention of returning.
(c) A person shall not be considered to have gained a residence in this state
or in any municipality in this state while retaining his home or domicile elsewhere.
(d) If a person moves to any other state or territory with the intention of
making it his permanent residence, he shall be considered to have lost his residence
in the municipality from which he moved.
(e) If a person moves from one municipality in this state to any other
municipality in this state with the intention of making it his permanent residence, he
shall be considered and held to have lost his residence in the municipality from
which he moved.
(f) If the residence of a person is destroyed or becomes uninhabitable, due to
a natural disaster or for any other reason, and the person has the present intention
of returning to the residence once it is habitable or returning to a newly
constructed residence at the same address, the person may continue to use the
address of the destroyed or uninhabitable residence as the person's residence for
purposes of this section. The residence given for motor vehicle registration and for
state income tax purposes may be different from the address given for voting
purposes pursuant to this subsection (3)(f).
(4) (a) For the purpose of voting and eligibility to office, no person is deemed
to have gained a residence by reason of his presence or lost it by reason of his
absence while in the civil or military service of this state or of the United States, nor
while a student at any institution of higher education, nor while kept at public
expense in any public prison or state institution unless the person is an employee or
a member of the household of an employee of such prison or institution.
(b) The provisions of paragraph (a) of this subsection (4) notwithstanding, no
person otherwise qualified under the provisions of this article shall be denied the
right to vote at any municipal election solely because he is a student at an
institution of higher education if such student, at any time when registration is
provided for by law, files with the county clerk and recorder a written affidavit
under oath, in such form as may be prescribed, that he has established a domicile in
this state, that he has abandoned his parental or former home as a domicile, and
that he is not registered as an elector in any other municipality of this state or of
any other state. The fact that such affidavit has been filed shall be noted in the
registration book.
(c) No provisions of this subsection (4) shall apply to the determination of
residence or nonresidence status of students for any college or university purpose.