Residency

From Wikipedia, the free encyclopedia

Residency is the act of establishing or maintaining a residence in a given place.

It is important in terms of politics, as candidates must maintain residency within the district in which they intend to run. Requirements vary by jurisdiction, and sometimes by the political office for which a person runs. The cutoff may be as little as a month or as much as several years. Once elected, the office-holder must remain resident in the appropriate district, or may usually be forced to resign.

As a general principle, residency for federal politicians is defined as the intent to return to the particular district or state they represent following their term in office. The purchase or occupancy of a home in the DC metro area, for example, for proximity to the Capitol and Congressional offices, does not change an Iowa Congressman's legal residency in his state.

The Soldiers and Sailors Civil Relief Act (SSCRA) provides specific protections to military service members who are domiciled outside their home states.

Voting by the general public (the electorate) is also defined by residency, with most people being prohibited from doing so except at the precinct for their primary residence. There are sometimes exceptions for this, such as so that expatriates can vote in the country where they maintain their original citizenship.

It is also important in terms of other law, such as requirements that vehicles and other things which must be licensed in the place which the owner resides. There is a grace period normally around 30 days for persons moving into the area.

In addition to such responsibilities, certain benefits also come from residency. Discounts on tuition usually are allowed for students who are resident within the state or province (or country) for a year or more, if it is a public university or the like. Other forms of public assistance such as welfare may also have a waiting period, to prevent abuse.

Residency in any given U.S. state is recognized by the U.S. Constitution as "citizenship" of that state, a somewhat unusual arrangement known as "dual citizenship" (though not in the original multi-national context).

In Malta, residency has been interpreted to include not only the physical presence in the country, but includes and allows periodic absence from the country. A person who is temporarily absent from Malta because of work, study, illness or mission, must not and cannot be considered as not resident in Malta. A person who goes abroad to study or for work purposes is still 'directly and continuously concerned' with the political activity of the country of residence and therefore has the right to vote.


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