1302 - Residence of electors.

     § 1302.  Residence of electors.        (a)  General rule.--            (1)  For the purpose of registration and voting, no        individual shall be deemed to have gained a residence by        reason of presence or lost a residence by reason of absence        in any of the following circumstances:                (i)  Being employed in the service, either civil or            military, of this Commonwealth or of the United States.                (ii)  Being engaged in the navigation of the waters            of this Commonwealth or of the United States or on the            high seas.                (iii)  Being in an institution at public expense.            This subparagraph does not apply to a veteran who resides            in a home for disabled and indigent soldiers and sailors            maintained by the Commonwealth. Such a veteran may elect            to utilize that residence for registration and voting or            elect to vote as an absentee elector by the use of an            absentee ballot.            (2)  Nothing in paragraph (1) shall preclude any elector        eligible under section 1301 (relating to qualifications to        register) from establishing the district of residence as the        election district of residence pursuant to subsection (b).            (3)  Except as otherwise provided in this subsection, no        individual who is confined in a penal institution shall be        deemed a resident of the election district where the        institution is located. The individual shall be deemed to        reside where the individual was last registered before being        confined in the penal institution, or, if there was no        registration prior to confinement, the individual shall be        deemed to reside at the last known address before        confinement.            (4)  An individual who resides at an institution for the        mentally ill or the mentally retarded, if otherwise qualified        under section 1301, shall be deemed at the individual's        option a resident in one of the following:                (i)  The district where the institution is located.                (ii)  The district where the individual was last            registered to vote before entering the institution. For            purposes of this subparagraph, if the individual was not            registered before entering the institution, the            individual shall be deemed to reside at the last known            address before entering the institution.        (b)  Rules for determination.--The following apply:            (1)  That the place shall be considered the residence of        an individual in which habitation is fixed and to which,        whenever the individual is absent, the individual has the        intention of returning.            (2)  An individual shall not be considered to have lost        residence if the individual leaves home and goes into another        state or another election district for temporary purposes        only, with the intention of returning.            (3)  An individual shall not be considered to have gained        a residence in an election district if the individual comes        into that district for temporary purposes only, without the        intention of making that election district a permanent place        of abode.            (4)  If an individual removes to another state with the        intention of making that state the permanent residence, the        individual shall be considered to have lost residence in this        Commonwealth.            (5)  If an individual removes to another state with the        intention of remaining there an indefinite time and making        that state the place of residence, the individual shall be        considered to have lost residence in this Commonwealth,        notwithstanding an intention to return at some indefinite        future period.            (6)  If an individual goes into another state and, while        there, votes in an election held by that state, the        individual shall be considered to have lost residence in this        Commonwealth.            (7)  An individual employed in the service of the Federal        Government or of the Commonwealth and required thereby to be        absent from the municipality where the individual resided        when entering that employment and the spouse of the        individual may remain registered in the district where the        individual resided immediately prior to entering that        employment, and the individual and the spouse shall be        enrolled in the political party designated by the individual        or spouse without declaring a residence by street and number.                (i)  An individual who registers under this paragraph            for Commonwealth employment must produce a certificate            from the head of the State agency, under the seal of            office, setting forth that the individual or the            individual's spouse is actually employed in the service            of the Commonwealth and setting forth the nature of the            employment and the time when the employee first entered            the employment. The commission shall retain certificates            under this subparagraph.                (ii)  The commission shall note on the registration            record of each individual registered under this paragraph            the fact of Federal or State employment.                (iii)  At least once every two years the commission            shall verify the employment of the individuals registered            under this paragraph at the proper Federal or State            office. If an individual is found to be no longer a            Federal or State employee, the individual's registration            shall be canceled under Chapter 15 (relating to changes            in records).