§ 1-1-7 — Residence; rules for determining

For the purpose of determining residence for voting, the place of residence is governed by the following rules: A. the residence of a person is that place in which his habitation is fixed, and to which, whenever he is absent, he has the intention to return; B. the place where a person's family resides is presumed to be his place of residence, but a person who takes up or continues his abode with the intention of remaining at a place other than where his family resides is a resident where he abides; C. a change of residence is made only by the act of removal joined with the intent to remain in another place. There can be only one residence; D. a person does not gain or lose residence solely by reason of his presence or absence while employed in the service of the United States or of this state, or while a student at an institution of learning, or while kept in an institution at public expense, or while confined in a public prison or while residing upon an Indian or military reservation; E. no member of the armed forces of the United States, his spouse or his dependent is a resident of this state solely by reason of being stationed in this state; F. a person does not lose his residence if he leaves his home and goes to another country, state or place within this state for temporary purposes only and with the intention of returning; G. a person does not gain a residence in a place to which he comes for temporary purposes only; H. a person loses his residence in this state if he votes in another state in an election requiring residence in that state, and has not upon his return regained his residence in this state under the provisions of the constitution of New Mexico; I. "residence" is computed by not including the day on which the person's residence commences and by including the day of the election; J. a person does not acquire or lose residence by marriage only.

Legislative History

1953 Comp., § 3-1-6, enacted by Laws 1969, ch. 240, § 6; 1973, ch. 70, § 1.