Black’s Law Dictionary does not define reside but rather distinguishes
the terms “residence” and “legal residence.”At any rate the definition of “legal residence”
directs the reader to “domicile,” which Black’s Law Dictionary
defines as “a person's true, fixed, principal, and permanent home [. . .
or] the residence of a person or corporation for legal purposes.”
“Residence may or may not demonstrate citizenship, which depends
on domicile.”
The Court held that there was
nothing in the “language or policy” of the Citizenship Clause that
conferred jurisdiction based on mere residence in a state.83 And the
Court stated that a Defendant’s residence was “insufficient to show his
citizenship in [a] State.”84 This is because residence alone cannot
confer that an individual had a fixed “permanent domicile in that
state.”
residence can be temporary, and
domicile is a fixed location. Generally, domicile can “only be changed
through a person‘s intention to acquire a new domicile, a person never
intending to make a permanent home elsewhere never loses his or her
original domicile, in spite of absence from a jurisdiction that can
stretch for years at a time.”
the change in residence had to be accompanied with the intention to make it a
permanent residence.92
Domicile allows individuals who move around or have multiple
residences to decide their own citizenship.
the Citizenship Clause allows people to
choose to be citizens of a state, not for states to choose its citizens.97
And the Seventh Circuit has also supported this key aspect of
domicile.
So, if the Plaintiffs were able to establish that they were
domiciled in Illinois they would have a fundamental right to vote,
domicile is based on several
factors, and intent is the focal point.
the phrasing of the Fourteenth Amendment’s Citizenship
Clause, state citizenship is based on domicile opposed to residency.
Your residence is where your permanent home is located. This can be determined by the principles listed in Minnesota Statutes 200.031.
you can register to vote using the location of where you sleep as your address. You may need to go to the polling place with someone (see details below) who can confirm where you are living.
If you sleep outside, write a description of its location on line four of your voter registration application.
https://www.sos.state.mn.us/elections-voting/register-to-vote/what-is-my-residence/#homeless
200.031 DETERMINATION OF RESIDENCE.
Residence shall be determined in accordance with the following principles, so far as they may be applicable to the facts of the case:
(1) The residence of an individual is in the precinct where the individual's home is located, from which the individual has no present intention of moving, and to which, whenever the individual is absent, the individual intends to return.
(2) An individual does not lose residence if the individual leaves home to live temporarily in another state or precinct.
4) If an individual goes into another state or precinct with the intention of making it home or files an affidavit of residence there for election purposes, the individual loses residence in the former precinct.
https://www.sos.state.mn.us/media/1020/address-of-residence-form.pdf
https://mn.gov/mmb/assets/mwr_form_tcm1059-128581.pdf
Affidavit of Residency for Tax Year 2025
10) The residence of an individual who is working temporarily in any precinct of this state is in the precinct where the individual's permanent home is located.
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