SB45 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Tom Whatley
Republican
Session: Regular Session 2012
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: SB45 lets Alabama residents away on military duty or similar assignments designate an Alabama residence with the probate court, but the designation cannot be used to register to vote or qualify for elected office.
What This Bill Does
A person absent from Alabama may declare a place in Alabama as their residence by filing a notarized declaration with the county probate judge, and that person and their dependent children become residents of that place for all purposes under state law. The probate judge must record the declaration in the public records. The designation does not affect voting eligibility if the person does not meet other requirements; if already registered in another district, voting rights stay there, but a person who is otherwise eligible may also register or qualify at the designated residence. The declaration does not establish permanent residency for GI education benefits or for in-state tuition unless tax filing requirements are met, and it cannot be used to change civil action venue or forum shopping.

Who It Affects
Persons away from Alabama on military duty, mission assignments, or similar duties: may designate an Alabama residence and have dependents treated as residents of that place.
Judge of probate in the county of the designated residence: must record the notarized declaration in the public record.
Voters and potential voters: may register or qualify at the designated residence if otherwise eligible; those already registered in another district retain their rights in that district.
Students and others seeking GI benefits or in-state tuition: the designation does not create permanent residency for those benefits or tuition unless tax requirements are met.

Key Provisions
Defines terms: declaration of residence, person, place of residence, and resident.
Allows absent persons to designate a residence in Alabama by filing a notarized declaration with the county probate judge; the person and dependents become residents of the designated place for all purposes under law.
Probate judge must file the declaration in the public record.
Declaration does not affect eligibility to register to vote or qualify for elected office if the person meets other legal requirements; previously registered voters retain their rights in their original district; a person may also register to vote or qualify at the designated place if eligible.
Declaration does not establish permanent residency for GI benefits or in-state tuition unless tax filing requirements are met; does not change civil action venue or forum.
The act repeals conflicting laws; becomes effective on the first day of the third month after passage and governor's approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Judge, Probate