HB1547: clarifying what constitutes physical presence for purposes of establishing domicile under the election laws.

HB 1547 – AS INTRODUCED

2006 SESSION

06-2826

08/09

HOUSE BILL 1547

AN ACT clarifying what constitutes physical presence for purposes of establishing domicile under the election laws.

SPONSORS: Rep. O'Brien, Hills 4; Rep. O'Neil, Rock 15; Rep. Price, Hills 26; Rep. Mirski, Graf 10; Sen. Roberge, Dist 9; Sen. Clegg, Dist 14

COMMITTEE: Election Law

ANALYSIS

This bill clarifies what constitutes physical presence for purposes of establishing domicile under the election laws.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2826

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT clarifying what constitutes physical presence for purposes of establishing domicile under the election laws.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Purpose of Domicile. Amend RSA 654:1 to read as follows:

654:1 Voter; Office Holder.

I. Every inhabitant of the state, having a single established domicile for voting purposes, being a citizen of the United States, of the age provided for in Article 11 of Part First of the Constitution of New Hampshire, shall have a right at any meeting or election, to vote in the town, ward, or unincorporated place in which he or she is domiciled. An inhabitant’s domicile for voting purposes is that one place where a person, more than any other place, has established a physical presence and manifests an intent to maintain a single continuous presence for domestic, social, and civil purposes relevant to participating in democratic self-government. A person has the right to change domicile at any time, however a mere intention to change domicile in the future does not, of itself, terminate an established domicile before the person actually moves. Except as set forth in RSA 654:2 through RSA 654:4 and the occupancy of a nursing home, hospital, or group home, occupancy by a person of any of the places identified in RSA 540-B:1, II shall not constitute that person having established a physical presence in order for such location to be the established domicile for voting purposes of such person.

2 Effective Date. This act shall take effect 60 days after its passage.