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§ 3.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 57; L. 1864, ch. 45, § 1; eliminated by revision, L. 1974, ch. 462, § 1; August 6, 1974.

Revisor's Note:

Prior to 1974 revision, this section related to residence of students, military personnel, persons in state institutions and absent voters.

CASE ANNOTATIONS

1. Person's presence only as a soldier stationed in the state insufficient to establish residency, but soldiers not precluded from establishing residency to become an elector. Hunt v. Richards, 4 Kan. 475.

2. Inmates of soldiers' home acquire no residence. (See following case.) Lawrence v. Leidigh, 58 Kan. 594, 597, 50 P. 600.

3. Inmate of soldiers' home may gain residence where home located. Cory v. Spencer, 67 Kan. 648, 73 P. 920.

4. Absentee-voter acts for others than soldiers held valid; history of section discussed. Lemons v. Noller, 144 Kan. 813, 819, 820, 822, 824, 63 P.2d 177.

5. Residents on lands ceded to United States may not vote at precincts established prior to cession. Herken v. Glynn, 151 Kan. 855, 868, 881, 101 P.2d 946: Apparently overruled by Evans v. Cornman, 398 U.S. 419, 26 L.Ed. 370, 90 S. Ct. 1752.

6. Citizen may change residence temporarily or permanently; acts and intentions govern. State, ex rel., v. Corcoran, 155 Kan. 714, 719, 128 P.2d 999.

7. Rational state policy justified districts differing in population under state census from ideal; no proof of discrimination in taking census. Winter v. Docking, 373 F. Supp. 308.

8. "Temporarily residing" as used in theft insurance policy construed. Winsor v. Hartford Fire Ins. Co., 6 Kan. App. 2d 397, 400, 628 P.2d 1080 (1981).