I grew up in California. I’ve always liked California. I’ve always been a good citizen there. I’ve voted in every election since my 18th birthday.
A few years ago, I moved to Nevada, where I now live. I’ve always kept up my practice of voting in California. You see, I live near the state line and it’s just a few minutes drive for me to go back home and vote every November in my home precinct.
I went on an internet forum and asked around. At least a dozen people told me that they vote in a state other than where they live, and they tell me they’ve never (never ever) had any problems.
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The last time I tried to vote in California, the poll worker asked me for an ID and I dutifully showed my Nevada drivers license. I was told that I cannot vote in California because I don’t live there.
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This is an outrage! A state isn’t some imaginary lines drawn on a map, a state is a community, and I should be able to be part of whatever community I prefer without having to worry about some arbitrary rules about “residence” whatever that’s supposed to mean.
You’re my lawyer. Fix this. We’re going to court. Don’t worry because I have all the evidence we need. I printed out those internet posts telling me that I don’t have to worry about which side of the state line I live on, because it doesn’t matter.
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But I am curious what your reaction would hypothetically be???
Trust me, Father, I Have pretty much the same problems that you do with what people learned on the Internet, and the “my sister’s divorce” school of law . .
anyway, as you’ve described it, this client now seems to be a resident of Nevada; game over; we’re not suing. You can’t vote in California.
But with some small tweaks, it’s not clear cut.
Why are you now in Nevada? are you here temporarily for a job or education? With the intent to return to California as soon as possible? Did you keep your home in California?
Under these circumstances, you might well still be a resident of California, and
only be able to vote there.
When I closed my practice in 1994 and went to ISU for my Ph.D., I remained a silent of Nevada. I kept my house, intended to return to it in 1998, and to take the opening that would occur that year in Law and Economics at UNLV.
(While there, I was initially at the university parish or mission, but switched over to what I understand was the territorial parish that included the University.)
I filed non-resident taxreturns in those states, and obtained absentee ballots from Nevada, my true home and residence. There was also never a time when I did not intend to return to Nevada at the first opportunity, the key difference from your example.
DuBois was perplexing for me, as there were no territorial parish’s.
There is also an inconsistency between the concepts of “domicile” and “residency” in civil law, with the words meaning different things and trading places in different parts of law.
Interestingly, there is a Nevada case, out of the Bankruptcy Court, if memory serves, on residency, which came up when claiming a homestead in Nevada while out of state. It turned on the fact that the person maintained membership in his lodge and church while away, evidencing his intent to return to his home.
hawk
