The Domicile Debate

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The Domicile Debate

• Task Force For Defining Voting Residence

Initial Task Force Meeting 28 April 2009
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In 1996, the Supreme Court of Virginia
decided that

• Before an individual can qualify to vote in
  Virginia, he must be a resident both of the
  Commonwealth and of the locality in which he
  seeks to vote.
• Residence, for all purposes of qualification to
  vote, requires both domicile and place of abode.
  
• To establish domicile, a person must live in a
  particular locality with the intention to remain
  there for an unlimited time. A place of abode is
  the physical place where a person dwells.

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The Court also determined that, for a voter to
retain eligibility to vote in a particular
locality, the voter must continue to dwell in
the locality with an intention to remain there
for an unlimited time. A registrar may cancel
a voter's registration if that individual does
not continue to meet these requirements.The
Court decided the 1996 case squarely on the
provisions of Article II, 1 and 24.2-417.
Sachs v. Horan, 252 Va. 247, 475 S.E.2d 276
(1996)
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RULES FOR ACQUISITION

• Relatively Simple
• Difficulty comes in applying the rules to
  situations where the persons contacts are more
  or less equally divided between two or more
  locations.

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RULES FOR ACQUISITION

• Generally Domicile is not lost until another
  domicle is acquired
• Burden of establishing change of domicile is on
  the party asserting the change.
• Amount of evidence necessary for proof depends on
  the facts of each particular case.

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RULES FOR ACQUISITION

• Requirements
• Physical Presence
• Attitude of Mind toward the place
• Formal Declarations formal legal documents
• Informal Declarations casual statements
• Acts actions speak louder than words
• Motive reason for being at location

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DOMICILE

• Domicile a place, usually a persons home.
• Determination of the location of the place of
  domicile
• What legal consequences flow from the fact of
  domicile? Registration to vote.

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DOMICILE

• Home -
• The place where a person dwells
• House or structure
• Geographic area
• The center of that persons domestic, social and
  civil life.

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DOMICILE

• Factors Important in Determining Home
• Its physical characteristics not necessarily
  within four walls
• The time spent in it
• The things done in it
• The person and things located in it
• Mental attitude toward the place more
  important than walls
• Intention when absent to return to the place
• Other dwelling places of the person

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DOMICILE
Home - Time Spent At Home No definite amount
of time spent in a place is essential to make
that place a home however, fact that person
lives for a considerable time in a place tends to
show that the place is his home.
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DOMICILE
Home - Things Done Therein Usually, a person
eats and sleeps in his home.
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DOMICILE
Home - Persons and Things Therein Fact that a
persons familiy lives with him in a dwelling
place is strong evidence that the dwelling place
is his home. Fact that he keeps his clothing,
furniture, pictures, books and other personal
belongs in the place is strong evidence.
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DOMICILE
Home - Mental Attitude Toward the Place A
persons mental attitude toward the dwelling
place in respect to its character and permanency
is important in determining whether the place is
or is not his home.
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DOMICILE
Home - Intention When Absent to Return to the
Place The intention to return to a dwelling
place whenever one is absent from that place is
an importatn element indicating that the place is
ones home.
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DOMICILE (Of Choice)

• May Be Acquired By A Person Who Is Legally
  Capable of Changing His Domicile.
• Changing Domicile Requires
• Physical Presence a person must be physically
  present there
• Attitude of Mind a person must intend to make
  the place his home for the time at least.
• Fact of Physical Presence at a Particular Place
  must concur with existence of the required
  attitude of mind.

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DOMICILE (Of Choice)

• To acquire a domicile of choice in a place
• A person must be physically present there
• BUT, the establishment of a home in a particular
  dwelling is not necessary for the acquisition of
  such a domicile.
• The person must intend to make that place his
  home for the time at least - this requires the
  idea of fixity

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DOMICILE (Of Choice)

• Idea of Fixity -
• If person intends to remain permanently, it is
  easier to find the required attitude of mind than
  if he intends to move away at some time in the
  future.
• It is possible for a person to have the proper
  attitude of mind even though he does intend to
  move at a definite time.
• A key factor for consideration is the persons
  feelings toward the place.

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DOMICILE (Of Choice)

• Two or more dwelling places -
• Easier to find that the person intends to make
  his home in the newer dwelling place if he gives
  up the former dwelling place.
• Possible, though, to regard the old dwelling
  place as home, as well as to regard the new
  dwelling place as home.
• Possible, too, to retain the old dwelling place
  and to cease to regard the old dwelling place as
  home.

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DOMICILE (Of Choice)
Motive - a) Legal capacity, b) physical
presence within the confines of the new dwelling
and c) an intention to make that place ones
home. If all three requirements are meet
immaterial what motives led the person to go to
the new location, and a desire to retain an
old domicile does not, by itself, prevent the
acquisition of a new domicile.
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DOMICILE (Of Choice)

• Five Typical Reasons or Motives for Moving to a
  new Location
• Business
• Health or Travel
• Education of Children
• Attend Educational Institutions
• Legal Advantages

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DOMICILE (Of Choice)

• Continuation of Domicile
• A domicile, once established, continues until it
  is superseded by a new domicile.
• Generally, the burden of proof is on the party
  who asserts that a change of domicile has taken
  place.

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Questions ??
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