Voters Who No Longer Physically Reside in Monterey County

Voters who no longer physically reside in Monterey County, must determine what their voting domicile is. A voting domicile is defined in California Elections Code Section 349. (a) Residence for voting purposes means a person's domicile. (b) The domicile of a person is that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning or has not yet established a new and permanent domicile. At a given time, a person may have only one domicile. If you once resided and were registered to vote in Monterey County and since then you have left this county, you need to define for yourself whether you have the intention to return to Monterey County or not. You may choose from one of the categories listed below:

• If you are currently living somewhere outside of Monterey County and intend to return to Monterey County at some future time, then you may maintain Monterey County as your voting domicile and continue to vote on federal, state and local issues. Voters serving in the military, college students, persons who travel for business, or individuals who split their time living between multiple states may fall in this category. Voters should only be registered in one jurisdiction and may only vote in one jurisdiction.

• If you do not intend to return to Monterey County and you live within the United States, you must re-register to vote prior to voting in the next election in your new home. You must also cancel your voter registration in Monterey County.

• If you are now residing outside the United States and you have no intention of returning, then you may register to vote with your last registered address in Monterey County. You are eligible to vote on all federal, state and local contests.

• If you have moved away from Monterey County but you have not re-established a voting domicile, you may continue to use Monterey County as your voting domicile until a new one is established -- even though you may have no intention of returning here. This is pursuant to a court case Walters v. Weed (1988) AKA "UCSC Student Voting Case." 45 Cal.3rd.1. Voters who are students, traveling around the country, moving to another state but have not established permanent residence in the other state, have lost their home (i.e., foreclosure, natural disaster, etc.), or are transient are often in this category.

Ultimately, the voter is responsible for defining which category best suits them and for communicating this information to the local elections office. Voters who vote by mail or at the polls are required to provide the address where they live in Monterey County and sign under penalty of perjury that the information is correct.

There are processes in place that may cause your record to be automatically updated. These include: re-registering in a new state and providing that state with your Monterey County registration information, return mail from the USPS, notification from the Secretary of State, etc. Further, the Monterey County Elections Department will take action including, sending multiple mailings in advance of any election to verify your information and stress the legal importance of being registered and voting in only one jurisdiction.