§11-13 Rules for determining residency.
For the purpose of this title, there can be only one residence for an
individual, but in determining residency, a person may treat oneself separate
from the person's spouse. The following rules shall determine residency for
election purposes only:
(1) The residence of a person is that place in which
the person's habitation is fixed, and to which, whenever the person is absent,
the person has the intention to return;
(2) A person does not gain residence in any precinct
into which the person comes without the present intention of establishing the
person's permanent dwelling place within such precinct;
(3) If a person resides with the person's family in
one place, and does business in another, the former is the person's place of
residence; but any person having a family, who establishes the person's
dwelling place other than with the person's family, with the intention of
remaining there shall be considered a resident where the person has established
such dwelling place;
(4) The mere intention to acquire a new residence
without physical presence at such place, does not establish residency, neither
does mere physical presence without the concurrent present intention to
establish such place as the person's residence;
(5) A person does not gain or lose a residence solely
by reason of the person's presence or absence while employed in the service of
the United States or of this State, or while a student of an institution of
learning, or while kept in an institution or asylum, or while confined in a
prison;
(6) No member of the armed forces of the United
States, the member's spouse or the member's dependent is a resident of this
State solely by reason of being stationed in the State;
(7) A person loses the person's residence in this
State if the person votes in an election held in another state by absentee
ballot or in person.
In case of question, final determination of
residence shall be made by the clerk, subject to appeal to the board of
registration under part III of this chapter. [L 1970, c 26, pt of §2; am L
1975, c 36, §1(1); am L 1977, c 189, §1(1); gen ch 1985]
Attorney General Opinions
Residency of person living temporarily out-of-district. Att.
Gen. Op. 86-10.
Case Notes
County board of registration did not err in finding that
voter, by changing voter registration to Lahaina, where voter was living and
working at the time, lost voter's residency on Lanai; by registering to vote in
Lahaina, voter represented that it was voter's place of residence and that
statement of intent, together with voter's habitation on Maui, established Maui
as voter's residence. 121 H. 297, 219 P.3d 1084 (2009).
County board of registration did not err in finding that
voter was a resident of Lahaina rather than Lanai for purposes of voting in the
2008 general election where voter did not abandon voter's residence in Lahaina
and relocate voter's permanent residence to Lanai, voter did not own or work
for a business on Lanai, did not own or rent a house or keep a car on the
island, and substantial evidence supported the inference that voter had not
established sufficient physical presence on Lanai where plaintiff had not seen
voter at the post office, the store, gas station or restaurants, or either bank
on Lanai. 121 H. 297, 219 P.3d 1084 (2009).
Mentioned: 878 F. Supp. 2d 1124 (2012); 960 F. Supp. 2d 1074
(2013).
Notes of Decisions
Cited in
7
cases, 2005–2020 · leading case:
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009).
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009).
· cites it 99× “[[Image here]] The ruling went on to quote HRS § 11-13 (1993), 8 and then concluded as follows: Eight of the twelve Complaint Letters state, ".”
Baker v. Galuteria, 413 P.3d 372 (Haw. App. 2018).
· cites it 13× “For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse.”
Kostick v. Nago, 960 F. Supp. 2d 1074 (D. Haw. 2013).
· cites it 8× “HRS § 11-13(2) (2012). 14 The Commission tried — but was unable — to get information regarding aliens, as discussed above.”
Lawson v. Attorney Gen.., 351 P.3d 1156 (Haw. 2015).
· cites it 4× “” Notably, the foregoing is consistent with the definition of “residence” provided in HRS § 11-13 (2009), which is used for election purposes only: “The residence of a person is that place in which the person’s habitation is fixed, and to which, whenever the person is absent,…”
Kostick v. Nago, 878 F. Supp. 2d 1124 (D. Haw. 2012).
· cites it 4× “Haw.Rev.Stat. § 11-13(2). 9 The Commission tried — but was unable — to get information regarding aliens, as discussed above.”
Trask, et.al. v. Lindsey, et.al. (Haw. 2020).
· cites it 2× “Lindsey does not satisfy the requirements to be a candidate for the Hawai#i Island OHA seat; (2) a challenge to a candidate’s residency is governed by HRS § 11-13, which provides in relevant part “[i]n case of question, final determination of residence shall be made by the…”
— Haw. Rev. Stat. § 11-13(1) — 3 cases
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009).
“[[Image here]] The ruling went on to quote HRS § 11-13 (1993), 8 and then concluded as follows: Eight of the twelve Complaint Letters state, ".”
Baker v. Galuteria, 413 P.3d 372 (Haw. App. 2018).
“For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse.”
Lawson v. Attorney Gen.., 351 P.3d 1156 (Haw. 2015).
“” Notably, the foregoing is consistent with the definition of “residence” provided in HRS § 11-13 (2009), which is used for election purposes only: “The residence of a person is that place in which the person’s habitation is fixed, and to which, whenever the person is absent,…”
— Haw. Rev. Stat. § 11-13(2) — 3 cases
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009).
“[[Image here]] The ruling went on to quote HRS § 11-13 (1993), 8 and then concluded as follows: Eight of the twelve Complaint Letters state, ".”
Kostick v. Nago, 960 F. Supp. 2d 1074 (D. Haw. 2013).
“HRS § 11-13(2) (2012). 14 The Commission tried — but was unable — to get information regarding aliens, as discussed above.”
Kostick v. Nago, 878 F. Supp. 2d 1124 (D. Haw. 2012).
“Haw.Rev.Stat. § 11-13(2). 9 The Commission tried — but was unable — to get information regarding aliens, as discussed above.”
— Haw. Rev. Stat. § 11-13(3) — 1 case
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009).
“[[Image here]] The ruling went on to quote HRS § 11-13 (1993), 8 and then concluded as follows: Eight of the twelve Complaint Letters state, ".”
— Haw. Rev. Stat. § 11-13(4) — 2 cases
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009).
“[[Image here]] The ruling went on to quote HRS § 11-13 (1993), 8 and then concluded as follows: Eight of the twelve Complaint Letters state, ".”
Baker v. Galuteria, 413 P.3d 372 (Haw. App. 2018).
“For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse.”
— Haw. Rev. Stat. § 11-13(5) — 1 case
Dupree v. Hiraga, 219 P.3d 1084 (Haw. 2009).
“[[Image here]] The ruling went on to quote HRS § 11-13 (1993), 8 and then concluded as follows: Eight of the twelve Complaint Letters state, ".”
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