HB90 Alabama 2011 Session

Summary

Primary Sponsor

Steve HurstRepresentative

Republican

Session

Regular Session 2011

Title

Residency, declaration by persons outside the state on military duty, mission assignment, etc., filing with judge of probate, not effective for election purposes

Summary

HB90 would let a person away from Alabama on military duty designate an Alabama residence, but that designation does not automatically affect voting or eligibility for elected office.

What This Bill Does

The bill allows someone absent from the state on military duty, mission assignment, or similar responsibilities to designate any place in Alabama as their residence. They must file a notarized declaration of residence with the county judge of probate where the designated place is located; once filed, the person and their dependent children are considered residents of that place for all purposes under state law. The declaration is placed in the public records. However, the person would not be eligible to register to vote or qualify for elected office unless they meet existing legal requirements, and if they do meet them, they may register or qualify at the designated place. The designation does not establish permanent residency for purposes of the Alabama GI and Dependents' Educational Benefit Act.

Who It Affects

• Persons absent from Alabama on military duty, mission assignment, or similar ventures who want to designate an Alabama residence and their dependent children, who become residents of the designated place for all purposes under state law (except voting/office eligibility).
• Dependent children of those individuals, who are treated as residents of the designated place along with the parent for all legal purposes.

Key Provisions

• Allows a person absent from the state to designate any place within Alabama as their residence by filing a notarized declaration with the judge of probate of the county where the place is located.
• Once filed, the person and their dependent children are considered residents of the designated place for all purposes under the law, with the declaration recorded in the public records.
• The designation does not automatically allow voting or qualification for elected office; eligibility remains subject to existing law, though if the person meets all requirements, they may register or qualify at the designated place.
• The filing does not establish permanent residency for purposes of the Alabama GI and Dependents' Educational Benefit Act; the act repeals conflicting laws and the bill becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Judge, Probate