25-407. Rule for determining residence of voter. The judges of election, in determining the residence of a person offering to vote, shall be governed by this section. "Residence" means the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person has the intention of returning.
History: G.S. 1868, ch. 36, § 9; R.S. 1923, 25-407; L. 1982, ch. 155, § 1; July 1.
Source or prior law:
L. 1861, ch. 28, § 9.
Attorney General's Opinions:
Collection of signatures on petition of political party seeking recognition; sufficiency; validity. 87-7.
Persons living in federal enclaves deemed qualified electors; voter registration; state income tax obligation. 94-20.
Powers and duties of county commissioners; rearrangement of commissioner districts. 94-51.
Voter registration; application form; alteration by applicant. 95-27.
School district election candidates; member district; residence; change of election method. 95-62.
CASE ANNOTATIONS
1. Residence of voter place where family resides. Hatch v. Smith, 6 Kan. App. 645, 649, 49 P. 698.
2. Right of state officer or employee to change his residence. Uhls v. Allard, 69 Kan. 825, 77 P. 572.
3. Sixth subdivision not test of right to homestead exemption. Mercantile Co. v. Blanc, 79 Kan. 356, 357, 99 P. 601.
4. Held certain votes illegal, not cast by qualified electors. Gentry v. Hornung, 136 Kan. 340, 341, 15 P.2d 445.
5. Applied in determining residence in an election contest. Hansen v. Lindley, 152 Kan. 63, 67, 102 P.2d 1058.
6. Section not a guide to canvassing board. Burke v. State Board of Canvassers, 152 Kan. 826, 836, 843, 849, 107 P.2d 773.
7. First and second clauses applied in determining school elector qualified voter. Littell v. Millemon, 154 Kan. 670, 675, 121 P.2d 233.
8. Citizen may change residence temporarily or permanently; acts and intentions govern. State, ex rel., v. Corcoran, 155 Kan. 714, 719, 128 P.2d 999.
9. Voter registration applicant's attestation of Kansas residence, numerous statements during deposition that he considers Kansas his residence and that he intends to return to rented property supported his claim of Kansas residence for purposes of voter registration and were sufficient to allege that his injury from not being registered to vote was caused by Kansas Documentary Proof of Citizenship law and would be redressed by a favorable decision. Cromwell v. Kobach, 199 F. Supp. 3d 1292, 1302 (D. Kan. 2016).
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