|Secretary of State Charlie White|
IC 3-5-2-42.5: “”Residence” means the place (1) where a person has the person’s true, fixed, and permanent home and principal establishment; and (2) to which the person has, whenever absent, the intention of returning.”Judge Rosenberg concluded that White had moved out of the apartment but had not moved into the condo. However, he said White's stay at the ex-wife's house could not have been his residence because he was only there temporarily awaiting the move to the condo. As I have argued, by law everyone has a residence and the only residence White could possibly have claimed is his ex-wife's house where the facts are he was living.
Attorney Masson though raises another issue, the possible applicability of a statute not discussed in Judge Rosenberg's opinion. That statute is IC 3-5-5-18:
“Notwithstanding IC 3-5-2-42.5, an individual with a nontraditional residence whose residence is within a precinct, but is not fixed or permanent, resides in that precinct.”That seems to deal exactly with the facts of White's living situation. The statute says that even if he is staying temporarily at his ex-wife's house, he is a resident in that precinct. And that is precisely where White registered to vote.