Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1922-04-28
MUST BE- LEGAL
RESIDENT TO VOTE
STATE ATTORNEY GENERAL Ex.
PLAINS LAW FOR BENEFIT OF.
TEACHERS AND STUDENTS

celved by Clifford l.. Hilton, state at
torney general, from teachers and stu
dents wishing to know whether they are
entitled to vote in the election district
where they teach or attend school, he
has fully recovered this question in an
answer to one of the inquiries, copy
Of the letter having been given US by
County Attorney Cameron. The letter
is as follows:
Commissioner of Education,
Historical Building, St. Paul, Mimi.
Dear Sir:
The attorney general is in receipt
OF numerous inquiries from school
teachers and students asking whether
election district in which they are at
tending school.
The qualifications of voter are
prescribed by our constitution. See
son must have resided in this state six
months and in the election district
thirty days next preceding an election
AS to the right of school teachers and
students to vote in the election district
where they live while attending school,
the question is:~ Doss the teacher s&or7
district.
The attorney General cannOt deter
mine the legal residence Of Il person In
any particular case. The question OF
residence is one of fact, not law, ana
light of all the circumstances sur
rounding it. He can, however, state
the legal principles applicable to such
| cases, and there should be little diff
Guilty in determining the residence Of
voter if these principles are applied to
the facts
! The residence of any person is de-
| fined by law to be in the place in which
| his habitation is fixed without any
| present intention of removing there>
from, and to which whenever he is alb
sent he intends to return. Sec. 416,
! Said section lays down certain rules
for the guidance of election boards in
determining the residence of voters
and these rules should be applied to
the facts Residence is composed Of
two things: First, domicile; second, in
tention: that is, in order to establish a
residence the concurrence of two things
are required; the act of residing, coup
led with the intention to do so. Man
nna liestly Gya a. person may be domiciled in
one 9aeop place &c, and yet have his legal resi-
officers although domiciled in
st. Paul during the period of their en-
ployment, retain their legal residences
| in the election districts in which they
resided at the time they entered the
service of the state. Thus the attorney
general still votes at Fergus Falls, al
though he has not lived there for sew
eral years.
.,a.,ost A student 9;1 in a college town is no!
10 vote in that town. If he has no in
tention of remaining in that place
permanently but has another home tc
which ne intends to return after his
sojourn at college, he is not ordinarily
considered such a resident as to be en-.
titled to vote. But a student at colleg,
VINO IS free from parental control and
regards the place where the college i!
situated as his home and has no Other
to which to return in case of sickness.
or other emergency, is as much en-.
| titled to vote as any other resident O,
tn the place where the college is situated
If a school teacher comes to a place
: for the sole purpose of teaching schoo
there and for a definite time and will
no present intention of remaining ii
| home, she cannot claim such place a.
her legal residence. On the other hand
II she regards the place where she L
teaching as her home. and intends to re
erly be regarded as resident Thereon:
l. me question is largely governed b,
, the intention Of the voter. 1t I
proper under such circumstances 70
, his intention was at the time he &C &C
quired' a domicile in the district, an,
II should give due consideration to tn
voters statement of his intention il
this regard: Where there is no evi
D dence which proves that the voter di
not have the intention he claims t
: have had, the election board should &C
;. cept his declaration in this respect q
true. The point is that the voter.
statement of his intention is not con
! elusive, but is merely evidence Whic
G should be considered together wit
!, other evidence. -"
: Thus if school teacher engaged i
! teaching in Winona offers to vote at a
s election in that city and states that
was her intention at the time sh
b came there to make that place her per
manent home, and the election boar
knows Of other facts which prove t
the contrary, it need not accept he
: statement as true. On the other hant
If there is. no evidence negativing til
: existence Of the intention claimed b
J, vote. l5.i IS. Fl.
8 Generally speaking. where the eli
3 cumstances are such that perso
may claim his legal residence at eithe
s4 one OF two places the place he regard
81 As his home will besliis r6sid dence fo
II the purpose of voting. This ruling
. lime with opinion 12O. Attorney Ger
erals Report 1906. and opinion 20'
!. Attorney Genera g; Report .lsl
Y !. c!LIrroRb 9ars ~ 1a11sT6n. ahsIs 81;
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