Residency in Georgia for two years and residency in district for one year required.

Topic: Elections, Decided by: Judge Malihi 
Docket Number: 829726 , Decision Date: July 10, 2008 
Attachment: Click here to download the decision. 

Respondent was not qualified to be candidate for House District 80, because he did not meet his burden of proof to show he had been a citizen of the State of Georgia for two years and a resident of House District 80 for one year prior to the date of the election, November 2, 2008, as required by the Georgia Constitution.  To demonstrate residency, which is interchangeable with domicile in this context, the candidate must show physical presence and an intention to remain indefinitely. Domicile is a mixed question of fact and law.  In this case, Respondent only rented a townhome and registered to vote in Georgia in 2007, and there was extensive evidence that until that point he legally resided in Florida where he grew up or, alternatively, in the District of Columbia, where he had a business.

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