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TO AMEND SECTION 7-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "DOMICILE", SO AS TO CLARIFY CIRCUMSTANCES UNDER WHICH A PERSON IS DEEMED TO HAVE CHANGED HIS DOMICILE FOR VOTING PURPOSES, AND TO REVISE THE FACTORS USED TO DETERMINE A PERSON'S INTENTION REGARDING HIS DOMICILE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 7-1-25 of the 1976 Code is amended to read:
"Section 7-1-25. (A) A person's residence is his domicile. 'Domicile' means a person's fixed home where he has an intention of returning when he is absent. A person has only one domicile.
(B)(1) For voting purposes, a person has changed his domicile if he:
(1)(a) has abandoned his prior home; and
(2)(b) has established a new home, has a present intention to make that place his home, and has no present intention to leave that place.
(2) For voting purposes, a person also has changed his domicile if he enters another state, or another county or municipality within this State, and while there exercises the right of a citizen by voting.
(C) A person who leaves his home for temporary purposes only with the intention of returning and enters another state, or another county or municipality within this State, is not considered to have changed his domicile unless the person registers to vote or performs other acts indicating a desire to change his domicile.
(D) For voting purposes, a spouse may establish a separate domicile.
(D)(E) For voting purposes, factors to consider in determining a person's intention regarding his domicile include, but are not limited to:
(1) a voter's address reported on income tax returns;
(2) a voter's real estate interests, including the address for which the legal residence tax assessment ratio is claimed pursuant to Section 12-43-220(C);
(3) a voter's physical mailing address;
(4) a voter's address on driver's license or other identification issued by the Department of Motor Vehicles;
(5) a voter's address on legal and financial documents;
(6) a voter's address utilized for educational purposes, such as public school assignment and determination of tuition at institutions of higher education;
(7)(6) a voter's address on an automobile registration;
(8) a voter's address utilized for membership in clubs and organizations;
(9)(7) the location of a voter's personal property;
(10)(8) residence of a voter's parents, spouse, and children; and
(11)whether a voter temporarily relocated due to medical care for the voter or for a member of the voter's immediate family."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on December 6, 2021 at 3:13 PM