Hawaii Regulations § 3-177-156 Determination of residence

Regulation Text

(a) In addition to the rules for determining residency provided in HRS § 11-13 , the following shall also be applicable in determining the residence of a person for election purposes:

(1) The residence of a person is that place in which the person's habitation is fixed, where the person intends to remain, and when absent, intends to return;

(2) When a person has more than one dwelling:

(A) If a person maintains a homeowner's property tax exemption on one of the dwellings, there shall be a rebuttable presumption that the dwelling subject to the homeowner's, property tax exemption is that person's residence;

(B) If a person claims a renter's tax credit for one of the dwellings, there shall be a rebuttable presumption that the dwelling, subject to the renter's tax credit is that person's residence; and

(C) If a person has not physically lived at any one dwelling within the year immediately preceding the election, there shall be a rebuttable presumption that the dwelling in which the person has not lived at is not the person's residence.

(3) When a residence address does not have a street number- or a person is considered homeless, the following information shall be required:

(A) A description of the location of the residence sufficient to ascertain a voting district and precinct; and

(B) A mailing: address within the state, and where the person is legally entitled and does in fact receive mail.

(4) When a person of this State is employed in the service of the United States, is a student of an institution of learning, or is in an institution, asylum, or prison:

(A) A person does not gain or lose residence in a precinct or this State solely by reason of being present in or absent from a precinct or this State; and

(B) A person once having established. residency in a precinct shall be allowed to register and vote and to continue to vote from the address at which the. person is registered even though, while residing outside of the precinct or the State, the person no longer has a place of abode in the precinct and the person's intent to return to the precinct may be uncertain.

(b) Should a person's circumstances change and the person takes up a domicile in another precinct or state, there shall be a rebuttable presumption that the new domicile is that person's residence.

(c) For purposes of this section, a rebuttable presumption is a presumption considered true unless proven false by evidence to the contrary.

(d) For purposes of this rule, "precinct" means "district" as that term is defined in HAR § 3-177-57 and as used in HRS § 11-92.1 (b) .

History

[Eff JUL 26 2020] (Auth: HRS § 11-4 ) (Imp: HRS §§ 11-13 , 11-15 , 11-92.1 )

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