48A.5A - DETERMINATION OF RESIDENCE.
48A.5A DETERMINATION OF RESIDENCE.
Residence shall be determined in accordance with the following
principles:
1. The residence of a person is in the precinct where the
person's home or dwelling is located.
2. A residence for purposes of this chapter cannot be established
in a commercial or industrial building that is not normally used for
residential purposes unless the building is used as a primary
nighttime residence.
3. A person does not lose residence if the person leaves the
person's home to reside temporarily in another state or precinct.
4. If a person goes to another state or precinct and files an
affidavit of residence in that state or precinct for election
purposes, the person loses residence in the former state or precinct,
unless the person moved to the other state after that state's
deadline for registering to vote in a particular election.
5. A student who resides at or near the school the student
attends, but who is also able to claim a residence at another
location under the provisions of this section, may choose either
location as the student's residence for voter registration and voting
purposes.
6. If an active member of the United States armed forces, as
defined by section 53.37, has previously resided at a location that
meets the requirements of this section, that person may claim either
that previous residence or the person's current residence as the
person's residence for voter registration and voting purposes.
7. Notwithstanding subsections 1 through 6, the residence of a
homeless person is in the precinct where the homeless person usually
sleeps. Residence requirements shall be construed liberally to
provide homeless persons with the opportunity to register to vote and
to vote.
8. A person's declaration of residency for voter registration and
voting purposes is presumed to be valid unless a preponderance of
evidence indicates that another location should be considered the
person's voting residence under the provisions of this chapter. Section History: Recent Form
94 Acts, ch 1169, §6
Iowa Constitution, Art. II, §1