New law allows military spouses to keep residency for voting purposes

  • Published
  • By Capt. Mary Barnes
  • 354th Fighter Wing Staff Judge Advocate
EIELSON AIR FORCE BASE, Alaska --  Before November, spouses often had to change residency each time they moved with their military spouse to a new state. However, President Obama signed the Military Spouses Residency Relief Act into law on Nov. 11, 2009 giving new protection to spouses of military members.

This law helps spouses in areas that affect voting in federal, state or local elections, as well as taxes. It also amends the service members Civil Relief Act.

Under this new law, a civilian spouse who leaves the state with his or her military spouse on orders does not lose residency in the previous state because of the move. The spouse's intent to return to the previous state is taken into account meaning the spouse may be able to keep their former residency for voting and tax purposes while living and working in a new state.

A person can only have one legal residence at a time. Legal residency is defined by the person's physical presence in a state, their intent to remain indefinitely in the state or their intent to return.

Common ways to show intent include registering to vote, registering a vehicle, changing state driver's licenses, drawing up legal documents under a state's laws, opening accounts, purchasing property, and claiming in-state tuition. By accomplishing one of these items a person shows their intent to maintain residency or change residency to a new state.

For questions about maintaining the right to vote in a state after a move, there are many resources.

Information can be found online concerning the elections and voting by absentee ballot in elections in another state. For more information visit http://www.fvap.gov, or for Alaska specific information concerning elections go to http://www.elections.alaska.gov.

There are also sources around base that can assist with voting information.

Military members, dependents, retirees and other qualified persons may use walk-in legal assistance at the Legal Office on base to ask questions about this topic. Voting information booths will also be set up at various places on base at key times during the election year.

The Installation Voting Assistance Officer and Unit Voting Assistance Counselors may be contacted for more information. Individuals may call the Eielson voting hotline at 377-4040 or email voting@eielson.af.mil.