Residence. — Delaware Code § 103

§ 103. Residence.

(a) (1) For purposes of this title or a school district election, an individual’s place of residence is the place in which that individual’s habitation is fixed, and to which that individual has an articulable and reasonable intention of returning whenever the individual is absent.

(2) A location can only be an individual’s place of residence if the individual physically inhabits the location with the intention to remain at that place of residence indefinitely or for a fixed period of time. An individual cannot gain residency at a location that the individual has not actually, physically inhabited, regardless of whether the individual owns the real property at the location or intends to inhabit the location indefinitely in the future.

(3) If an individual maintains possession of the individual’s place of residence, obtaining a secondary residence is not prima facie evidence of a change of residence.

(b) Residence must be broadly construed to provide all eligible voters with the opportunity to participate in the democratic process. If an individual’s residence is not a traditional residence associated with real property, the individual’s place of residence is the individual’s usual sleeping area or place of habitation.

(1) If an election district boundary crosses an individual’s place of habitation, the individual is a resident of the election district that contains a majority of the area in that place of habitation. An accurate and current satellite map or other similar presentation of an individual’s place of habitation and the election district boundary line is prima facie evidence of the geographic location of an individual’s place of habitation.

(2) a. If there are multiple places of habitation to which an individual has the intention of returning, the individual’s residence is the place of habitation where the individual resides most often.

b. The address on an individual’s driver’s license or state identification card is prima facia evidence of the place of habitation where the individual resides most often.

(c) If an individual maintains a reasonable and articulable intent to return to the individual’s community, an individual does not lose their place of residence or become a resident at new location, solely on the basis that the individual relocates for any of the following reasons:

(1) Attending a residential educational program, including postsecondary education and job training.

(2) Military service or other government employment.

(3) Incarceration.

(4) AmeriCorps, Peace Corps, or similar service organizations.

(5) Obtaining or providing medical care.

(d) Notwithstanding subsection (c) of this section and regardless of whether the individual maintains an intention to return to their original community in the future, an individual’s place of residence changes and the individual establishes a new place of residence if the individual takes any of the following actions:

(1) Inhabits a new location with the intention of remaining at the new location indefinitely.

(2) Registers to vote based upon residence at a new location.

(3) Votes based upon residence at a new location.

(e) (1) a. If an individual disputes the determination of the individual’s place of residence for purposes of registering to vote or voting, the individual may submit a written appeal of that determination to the Commissioner. The Commissioner may request documentation or other evidence in connection with this appeal.

b. The Commissioner shall promptly provide a written opinion on the individual’s place of residence and the Commissioner’s written opinion is the final determination of the individual’s place of residence for purposes of that dispute.

(2) A dispute regarding candidate residency requirements is resolved under § 3114 of this title.

85 Del. Laws, c. 313, § 1;