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El Dorado County Registrar of Voters clarifies misinformation circulating about election laws

Submitted to the Tribune

SOUTH LAKE TAHOE, Calif. – El Dorado County Elections department director, Bill O’Neill, issued an open letter to all voters to clarify the law regarding where a person may register to vote and the importance of adhering to Election Law.

“We became aware of misleading information being circulated to resident of South Lake Tahoe about where and under what circumstances a citizen can register to vote,” said O’Neill. “We want to do all we can to help ensure residents are aware of the responsibilities that come along with the right to vote and that they register to vote only in the location of their ‘domicile,’ rather than their ‘residence,'” he added.

According to the letter, which contains information based on case law and a previous similar issue that occurred in Fallen Leaf Lake in 2011, a ‘domicile’ is defined as a fixed place of habitation in which the person has the “intention of remaining,” or, if absent, an “intention of returning.” Importantly, O’Neill’s letter points out, at any given time a person may only have one domicile.



A residence, on the other hand, can be a fixed place where one resides for a period of time but without the intention of remaining. It is not typically the place where one works, enrolls children in school, sees their primary health care provider, where their vehicles are registered, where one receives their homeowner tax exemption, or the address listed on a driver’s license.

“According to the El Dorado County District Attorney, a vacation or second home is a residence, not a domicile,” O’Neill said. “It is illegal, therefore, for a resident to register to vote using an address that is a residence rather than their domicile, which is at the crux of the misinformation we have become aware of,” O’Neill said.


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