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Show PAGE SIX THE DAILY RECORD TUESDAY, MARCH 21, 1972 T T Office of the Attorney General State of Utah I OPINION NO. MARCH 72-0- 11 10, necessary for registration or voting. 1972 For the purpose of Harvard R. Hinton, Deputy Secretary of State W. Sterling Evans, Salt Lake County Clerk BY: REQUESTED Vernon B. Romney, Attorney General PREPARED BY: Assistant Attorney General Frank V. Nelson, will be 18 and eligible to vote by election day, be eligible to participate in the political party pro1. QUESTIONS: a May old, 17-y- ear old run for public office 2. Can an as a city commissioner or an official of 18-y- ear (2) A person must not be held to have gained a residence solely by reason of his pres- or lost ence or absence while employed in the service of the United States or of this state, or while a student at any institution of learning, or while kept in any almshouse or other asylum at public expense, or while confined in any public prison, or while residing upon any Indian or military reservation. is the procedure to be followed What 1. See opinion. 2. See opinion. 3. See opinion. airman, seaman or officer, soldier, No (3) in registering to vote? CONCLUSIONS: That place must be considered and held to be the residence of a person in which his habitation is fixed, and to which, whenever he is absent, he has the intention of returning. (1) Lake County? 3. or voting the registration must be governed place of residence of any person as as far they are applicable: by the following rules who cesses, including the mass meetings, and may he be a delegate to the county and state conventions before attaining the age of 18 years? Salt rules governing residence The entire section reads: U.C.A. provides 20-2-- 14, marine in the army, air force or navy of the United States shall be deemed a resident of this state in consequence of being stationed at any military, air or naval station within the same. A (4) person must not be considered to have leaves his home to go into a foreign country or into another state or precinct in this state, for temporary purposes merely with the intention of returning; provided, he has not exercised the right of the elective franchise in such state or lost his residence who precinct. OPINION 1. (3) U.C.A. 1953, as amended, provides for of "qualified electors." The general rule is that elector" as used in this section means "registered See Am. Jur. 2, Sec. 52 Elections. 20-4- -7 mass meetings "qualified elector." 20-2-1- will be 18 apply for U.C.A. provides: 1.1, "Any citizen who years of age or older prior to the next election may registration during the calendar year of the election." (5) A person must not be considered to have a residence in any county into which he comes gained merely for the temporary purposes without the intention of making such county his home. (6) If a person removes to another state with the intention of making it his residence, he loses his residence in this state. If (7) a person removes to another state, with old who, in fact registers Therefore, a and is '.qualified to vote at the next election may participate in the political party process and that person may participate in the party mass meetings. the intention of remaining there for an indefinite time as a place of permanent residence, he loses his residence in this state, notwithstanding he entertains an intention of returning at some future period. as the requirements to be a delegate to a or state convention arc no more strict than being a qualicounty fied elector, it is our opinion that a registered old could be such a delegate. place where a man's family resides is presumed to be his place of residence, but any man who takes up or continues his abode with the intention of remaining at a place other than where his family old, having complied with the a is registration Isvb, An qualified elector and may run for city and county offices. exception is the county commission which requires the person to be an "elector of the county . . . for at least' one year immediately preceding his election." abides. 17-y- ear And 17-y- 2. Yes, an 18-y- car ear statutes controlling are: The "Eligibility of officers. All elective officers of cities and of towns shall be chosen by the qualified voters of their respective munNo person shall be eligible to any elec- -' icipalities. who is not a qualified elector of the city tive office nor or tcvn, shall any person be eligible to any office defaulter to the corporation. The governing municipality may prescribe by ordinance that body of any or all appointive officers be qualified electors of the municipality." who is a a 17-5- -2, U.C.A. "Eligibility How elected. Each of the board of county commissioners shall be an elector of the county which he represents and must have been such for at least one year immediately premember resides must be regarded as so change of residence can only be made by the act of removal joined with the intent to remain in another place. There can only be one residence. A residence cannot be lost until another is of residence must be computed by including the day on which the person's residence commences and by excluding the day of election. The term (10) believe the registration agent or county clerk has not only the right but the obligation to inquire into the proof offered by the person desiring to be registered to determine if to justify registering the individual. Such it be sufficient a as things person's automobile driver's license, automobile license, place of filing and residence given on State and federal income tax returns, residence and address of parents, credit cards, etc. may all be used to help determine residence. We Respectfully submitted, cJQL, VERNON B. ROMNEY Attorney General "Eligibility of officers geneperson is eligible to a county, rally Exception. district or precinct office who at the time of his election is not an elector of such county, district -1, resident where he A (9) ceding his election, and he shall be elected by the qualified electors of the county at large." 17-16- a gained. U.C.A. 10-6- -6, The (8) U.C.A. No Financing Statements or precinct with the exception of county attorneys appointed by the board of county commissioners as provided in section ter the 3. names 294514 Registration agents and county clerks shall regisof all persons applying for election day will be legally qualified 20-2- -6 294510 - John Lyman, 1229 Tmpl, SLCto Zion Mtr Inc; Utah Code Annotated 1953." 17-5-- 21, and 7, U.C.A. 1953. And and listed." who, on registration entitled to vote. "only those ing with the requirements as set forth in SLC 20-2-- names 11 Don Emlg, 843 W Cpr 4 S, fully complyshall be 294516 - Alburn Griffin, 644 SLC to Zion Mtr Inc; C mpr Every person applying to be registered must complete U.C.A. 1953 and subscribe the registration form under to the oath on t?.e form. 294517 - John Jareckl, 367 S 13 E, SLC to Zion Mtr Inc; Cmpr 11 294519 - Robt Knott, 1291 E 6200 s, SLC to Zion Mtr Inc; residency requirement necessary to register is that the person r or;:. do in Utah six months and in the county 60 days continuously prior to the date of the next election. The C mpr 20-2-- 13, U.C.A. 1953. ' 294520 - David Ford, 2618 8990 U, Magna to Zion Mtr Cmpr 294521 - Joe Gallegos, 537 21 o84 to Zion Mtr Inc; Cmpr 294522 - Harold Egan, 1879 s Main, SLC to Ut Bk Tr; Eq 29451,5 - Joan Hlrase, 291 Troy Uy, Mur to Zion Mtr In c; Cmpr Ely Fl, 20-2-- - to Zion Mtr Co; Cmpr E S 294523 - Anton Black, 1325 E 4705 S, SLC to Bene Fin; hhg 294524 - Chad Pugmlre, 400 E 5900 s, SLC to Bene Fin; hhg - Brent Holding, 765 Williams, SLC to Bene Fin; hhg 294526 - James Wilkes, 3526 S 2 W, SLC to Mur 1st Th Ln; Con 294525 Gds S Inc; 294563 - Neil Jarvis, 351 6310 s, Mur to Mur 1st Th Con Gds E Ln; |