Michigan Compiled Laws

Mich. Comp. Laws § 168.11 (2026)

"Residence" defined.

✓ current as of July 2026

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MICHIGAN ELECTION LAW

Act 116 of 1954

168.11 "Residence" defined.

Sec. 11.

(1) "Residence", as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of his or her spouse, that place at which the person resides the greater part of the time shall be his or her official residence for the purposes of this act. This section does not affect existing judicial interpretation of the term residence.

(2) An elector does not gain or lose a residence while employed in the service of the United States or of this state, while engaged in the navigation of the waters of this state, of the United States, or of the high seas, while a student at an institution of learning, while kept at any state facility or hospital at public expense, or while confined in a jail or prison. Honorably discharged members of the armed forces of the United States or of this state who reside in the veterans' facility established by this state may acquire a residence where the facility is located. The residence of a person who is a patient receiving treatment at a hospital or other facility under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, is the village, city, or township where the person resided immediately before admission to the hospital or other facility.

(3) A member of the armed forces of the United States is not a resident of this state due to being stationed in a military or naval facility within this state.

(4) For purposes of registering to vote and voting at an election or special election for the office of judge of a municipal court that exercises jurisdiction over another city pursuant to section 9928(3) of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928, a person who resides in the other city over which municipal court jurisdiction is exercised is considered a resident of the city in which the municipal court is located and may register for, and vote in, that election in the city in which he or she resides.

History: 1954, Act 116, Eff. June 1, 1955 ;-- Am. 1963, 2nd Ex. Sess., Act 3, Imd. Eff. Dec. 27, 1963 ;-- Am. 1977, Act 120, Imd. Eff. Oct. 19, 1977 ;-- Am. 2010, Act 253, Imd. Eff. Dec. 14, 2010

Constitutionality Notes:

This section, providing that no elector shall be deemed to have gained a residence while a student at any institution of learning, violates Const 1963, art 1, § 17 and US Const, amend XIV, § 1. Wilkins v Ann Arbor City Clerk, 385 Mich 670; 189 NW2d 423 (1971).

PopularName Notes:

Election Code

Notes of Decisions

Cited in 20 cases (3 in the last 5 years), 1962–2025 · leading case: Wilkins v. Ann Arbor City Clerk, 189 N.W.2d 423 (Mich. 1971).

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Wilkins v. Ann Arbor City Clerk, 189 N.W.2d 423 (Mich. 1971). · cites it 80× “*675 MCLA § 168.11 (Stat Ann 1971 Cum Supp § 6.”

In Re Request for Advisory Opinion Regarding Constitutionality of 2005 Pa 71, 740 N.W.2d 444 (Mich. 2007). · cites it 2× “In Wilkins, supra , this Court considered the constitutionality of MCL 168.11(b), a statute that precluded students from establishing residency for the purposes of voter registration.”

In Re Servaas, 774 N.W.2d 46 (Mich. 2009). · cites it 2× “Moreover, "residence" is defined at MCL 168.11 as the "place at which a person habitually sleeps, keeps his or her personal effects and has a regular place of lodging.”

Gallagher v. Keefe, 591 N.W.2d 297 (Mich. Ct. App. 1999). · cites it 2× “" MCL 168.11; MSA 6.1011. Even if a person has more than one residence, it is "that place at which the person resides the greater part of the time" that is considered the official residence according to the statute.”

Davis v. Chatman, 276 Educ. L. Rep. 973 (Mich. Ct. App. 2011). “” “Residence” is defined by MCL 168.11 as the “place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging.”

Protecting Michigan Taxpayers v. Bd. of State Canvassers, 919 N.W.2d 677 (Mich. Ct. App. 2018). “" MCL 168.11, a statute contained within Michigan's Election Law, 2 defines "residence" as "that place at which a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging.”

Ortman v. Miller, 190 N.W.2d 242 (Mich. Ct. App. 1971). · cites it 3× “Also of interest is that § 11 of the Michigan Election Law contemplates the possibility that an individual may have more than one residence: “The term 'residence’, as used in this act, for registration and voting purposes shall be construed to mean that place at which a person…”

Montgomery v. Hawkeye Sec. Ins., 217 N.W.2d 449 (Mich. Ct. App. 1974). “See: Wilkins v Ann Arbor City Clerk, 385 Mich 670, 674 ; 189 NW2d 423 (1971), and compare MCLA 168.11; MSA 6.1011. We find this mechanical determination inappropriate as a general rule for the many and varied fact situations which may develop.”

Wilkins v. Ann Arbor City Clerk, 180 N.W.2d 395 (Mich. Ct. App. 1970). · cites it 2× “The latter three plaintiffs have appealed solely on the basis that subsection (b) of section 11 of PA 1954, No 116, as amended (MCLA § 168.11 [b]; Stat Ann 1970 Cum Supp § 6.”

Newburger v. Peterson, 344 F. Supp. 559 (D.N.H. 1972). “We list several, without purporting to pass upon their constitutionality. These range from simple and objective requirements, such as Michigan’s requirement that “a person habitually sleep [s] keep[s] his or her personal effects and [have] a regular place of lodging” in the…”

Curry v. Jackson Circuit Court, 391 N.W.2d 476 (Mich. Ct. App. 1986). “1 See also MCL 168.11(1); MSA 6.1011(1) which provides that, for voting purposes, no elector shall be deemed to have gained or lost a residence while confined in any public prison.”

Meridian Charter Twp. v. Ingham Cnty. Clerk, 777 N.W.2d 452 (Mich. Ct. App. 2009). “” MCL 168.11(1). In MCL *597 42.34(5), the Legislature addressed annexation questions in particular, stating that “a majority of the qualified and registered electors voting on the question in the city or village to which the portion is to be annexed, and the portion of the…”

Show all 20 citing cases →

— Mich. Comp. Laws § 168.11(1) — 4 cases

Promote the Vote v. Sec'y of State (Mich. Ct. App. 2020).

Karen Ellsworth v. Dep't of Treasury (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 168.11(2) — 1 case

Paprocki v. Jackson Cnty. Clerk, 371 N.W.2d 450 (Mich. Ct. App. 1985).

— Mich. Comp. Laws § 168.11(a) — 2 cases

Wilkins v. Ann Arbor City Clerk, 189 N.W.2d 423 (Mich. 1971). “*675 MCLA § 168.11 (Stat Ann 1971 Cum Supp § 6.”

— Mich. Comp. Laws § 168.11(b) — 2 cases

Wilkins v. Ann Arbor City Clerk, 189 N.W.2d 423 (Mich. 1971). “*675 MCLA § 168.11 (Stat Ann 1971 Cum Supp § 6.”

In Re Request for Advisory Opinion Regarding Constitutionality of 2005 Pa 71, 740 N.W.2d 444 (Mich. 2007). “In Wilkins, supra , this Court considered the constitutionality of MCL 168.11(b), a statute that precluded students from establishing residency for the purposes of voter registration.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.