Bill Text: IN SB0405 | 2012 | Regular Session | Introduced
Bill Title: Residency requirements for members of Congress.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-07-05 - Bill Withdrawn [SB0405 Detail]
Download: Indiana-2012-SB0405-Introduced.html
Citations Affected: IC 3-5; IC 3-8-1.
Synopsis: Residency requirements for members of Congress.
Establishes standards for determining residency of candidates for
United States Senator and United States Representative for Indiana.
Requires a candidate for election to the United States Senate or the
United States House of Representatives to have been a resident of
Indiana during the calendar year of the election and for each of the five
calendar years immediately before the calendar year of the election.
Effective: January 1, 2013.
January 9, 2012, read first time and referred to Committee on Elections.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
elections.
(1) A voter or a person applying to become a voter.
(2) A candidate, except a candidate for United States Senator or United States Representative.
(3) A person holding an elected office.
Chapter 5.5. Standards for Determining Residency of Candidates for United States Senator and United States Representative
Sec. 1. This chapter shall be used to determine whether an individual is a resident of Indiana for purposes of the individual's candidacy for either of the following:
(1) United States Senator for Indiana.
(2) United States Representative for Indiana.
Sec. 2. As used in this chapter, "foreign jurisdiction" refers to a legal jurisdiction located anywhere outside the geographic boundaries of Indiana.
Sec. 3. For purposes of this chapter, residency is determined by this chapter and not by reference to the law of any foreign jurisdiction.
Sec. 4. An individual may have residence in Indiana or in a foreign jurisdiction, but not in both.
Sec. 5. An individual who is a resident of Indiana under this chapter at a particular time during a calendar year does not lose the individual's status as a resident of Indiana subsequently during that calendar year if, at any time during the immediately following calendar year, the individual is a resident of Indiana under this chapter.
Sec. 6. An individual who lives in a foreign jurisdiction with the intent to make the foreign jurisdiction the individual's residence is not a resident of Indiana.
Sec. 7. An individual who is not a resident of Indiana under IC 3-5-5 is not a resident of Indiana under this chapter.
Sec. 8. (a) The following factors shall be considered when determining whether an individual is a resident of Indiana:
(1) Whether the individual intends to be an Indiana resident. Expressions of intent to be a resident of Indiana made in connection or contemporaneously with a determination made for purposes of this chapter do not support a determination that the individual is an Indiana resident.
(2) Whether the individual pays a tax in Indiana and the individual claims a status relating to the payment of the tax that requires the individual to be a resident of Indiana. However, if the individual:
(A) pays a tax in a foreign jurisdiction; and
(B) claims a status relating to the payment of the tax that requires the individual to be a resident of the foreign jurisdiction;
the individual's payment of the Indiana tax does not support a determination that the individual is a resident of Indiana.
(3) Whether the individual's unemancipated dependents attend school in Indiana.
(4) Whether the individual's immediate family lives in Indiana. However, if the individual's immediate family lives in Indiana only as a temporary location for living or for
transient purposes, the place where the individual's
immediate family lives does not support a determination that
the individual is a resident of Indiana.
(5) Whether the individual is employed in Indiana or within
a reasonable commuting distance from the location the
individual claims is the individual's Indiana residence.
(6) Whether the individual regularly and physically conducts
the individual's business in Indiana or within a reasonable
commuting distance from the location the individual claims is
the individual's Indiana residence.
(7) Whether the individual regularly attends a place of
worship in Indiana.
(8) Whether the individual regularly spends leisure and other
nonworking activities in Indiana.
(b) The factors for determining residency set forth in subsection
(a) are not:
(1) exhaustive; or
(2) arranged in any order of importance.
(1) the qualifications provided in Article 1, Section 3, Clause 3 of the Constitution of the United States; and
(2) been a resident of Indiana during the calendar year of the election and for each of the five (5) calendar years immediately before the calendar year of the election.
For purposes of subdivision (2), residency shall be determined as provided in IC 3-5-5.5.
(1) the qualifications provided in Article 1, Section 2, Clause 2 of the Constitution of the United States; and
(2) been a resident of Indiana during the calendar year of the election and for each of the five (5) calendar years immediately before the calendar year of the election.
For purposes of subdivision (2), residency shall be determined as provided in IC 3-5-5.5.
