Voter Legal Residency Requirements

Under the Virginia Constitution, a prospective voter must be a resident of the precinct where he seeks to register. In order to establish "residency", a prospective voter must show that (1) he has an actual physical place of abode in the precinct, and (2) he is domiciled there. 

To establish “domicile”, a person must live in a particular locality with the intent to remain there for an unlimited time. Sachs v. Horan, 252 Va. 247 (1996). Thus, no person can have more than one domicile or vote in more than one locality at the same time. Where a person establishes his domicile may result in consequences unrelated to voting, such as payment of taxes. The burden of proving domicile rests with the person asserting it.  Each person must, however, have some place that they can vote, if they wish to be able to vote.  Even the homeless may register by using the site "where they lay their head at night".

Registrars in Virginia bear the responsibility of determining if applicants are eligible to vote in their localities.  Under Virginia Code §24.2-101, registrars may give consideration to at least the following factors in determining domicile:

1. A person's "expressed intent", AND

2. A person's "conduct and all attendant circumstances", including, but not limited to:

      financial independence

      business pursuits

      employment

      income sources

      residence for income tax purposes

      marital status and children

      residence of parents

      leaseholds and ownership of real property

     where automobiles and other personal property are registered and taxed.

If a registrar has reason to question whether a person actually resides in the precinct where he seeks to vote, the registrar should make reasonable inquiries to help the applicant make an accurate determination. No single factor or response should be determine an applicant’s domicile.  On the contrary, each prospective voter should be evaluated on a case-by-case basis, weighing all of the relevant circumstances.