I knew a congressman from Indiana who maintained his voting residence there but lived in Virginia for six years while working in DC. He resided there for 10-11 months a year, paid Virginia income and property taxes (some of the income tax might've gone back to Indiana), and his son went to Jr. and Sr. High in Virginia. So when his son was accepted at William and Mary, they charged him out-of-state tuition, because of the voting residency. But of course that was before college enrollments began tanking.
Didn't this congressman violate the Constitution? Isn't residency in the state you represent required? I believe that the actual wording of the Constitution is that your have to be "an inhabitant of the state" that you represent. Note that it doesn't say you have to live in the district you represent, which is kind of a quirk. Somehow, to me, "voting resident" doesn't exactly cut it. Has this issue ever been adjudicated?
Each state has its own laws regarding residency. He owned property in his district and stayed there long enough each year to establish legal residency in the district under state law. He would go back to the district just about every weekend for town halls, parades, festivals, fundraisers, etc. and stay in his house. Just about every member of Congress has a similar arrangement. It's one reason why Congress's session weeks usually start Monday afternoon and wind up by noon Friday so members can commute back to their districts for the weekend.
Thanks for the clarification that he did indeed stay in the state long enough each year to establish legal residency. Again, note, he does not have to constitutionally establish residency in his district, though for political reasons it's usually a wise idea. We have had representatives who lived in a district they didn't actually live in. Usually -- but not always -- this was a result of changing district lines after a reapportionment.
Edit: I guess my hang-up initially with the term "voting resident" is that when I was in the Navy I maintained "voting residence" in Ohio, but I really didn't have to set foot in the state during that period to maintain that status. I thought maybe the congressman had figured out a way to maintain voting residence without actually complying with the state's requirements that applied to other citizens not in military service.
Last Edited: 7/17/2021 2:53:08 PM by OhioCatFan