Members of the Legislature and Congress: domicile: voting fraud.

Existing law provides that a person's residence for voting purposes means a person's domicile, and that a person may only have one domicile. Existing law defines domicile to be the place in which a person's habitation is fixed and where the person intends to remain or return to whenever absent. Existing law also provides that, for purposes of determining the domicile of a Member of the Legislature or a Representative in the Congress of the United States, it shall be conclusively presumed that the residence address indicated on that person's currently filed affidavit of voter registration is that person's domicile. This bill would clarify that the conclusive presumption applies only if the address indicated on that person's currently filed affidavit of voter registration is a place in which the person's habitation is fixed for some period of time. Existing law permits a person who qualifies and is registered to vote to vote at any election held within the territory within which he or she resides and the election is held. Existing law makes it a crime for a person who is not entitled to vote at an election to fraudulently vote or fraudulently attempt to vote at that election. This bill would require the Attorney General to investigate and prosecute any violation of that penal provision relating to a fraudulent vote or fraudulent attempt to vote in a jurisdiction in which the person does not reside for voting purposes.