# Mont. Code Ann. § 13-1-112: 13-1-112 Rules for determining residence

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-112

## Section

- **Citation:** Mont. Code Ann. § 13-1-112
- **Heading:** 13-1-112 Rules for determining residence
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 13 / Chapter 1 / Part 1 / Section 13-1-112

## Text

13-1-112 . Rules for determining residence. For registration, voting, or seeking election to the legislature, the residence of an individual must be determined by the following rules as far as they are applicable:

(1) The residence of an individual is where the individual's habitation is fixed and to which, whenever the individual is absent, the individual has the intention of returning.

(2) An individual may not gain or lose a residence while kept involuntarily at any public institution, not necessarily at public expense; as a result of being confined in any prison; or solely as a result of residing on a military reservation.

(3) (a) An individual in the armed forces of the United States may not become a resident solely as a result of being stationed at a military facility in the state.

(b) An individual may not acquire a residence solely as a result of being employed or stationed at a training or other transient camp maintained by the United States within the state.

(c) A member of a reserve component of the United States armed forces who is stationed outside of the state but who has no intent of changing residency retains resident status.

(4) An individual does not lose residence if the individual goes into another state or other district of this state for temporary purposes with the intention of returning, unless the individual exercises the election franchise in the other state or district.

(5) An individual may not gain residency in a county or the state of Montana if the individual relocates for temporary purposes, such as temporary work, training, or an educational program, without the intention of making that county or the state the individual's permanent home at the conclusion of the temporary work, training, or educational program.

(6) If an individual moves to another state with the intention of making it the individual's residence, the individual loses residence in this state.

(7) The place where an individual's family resides is presumed to be that individual's place of residence. However, an individual who takes up or continues a residence at a place other than where the individual's family resides with the intention of remaining is a resident of the place where the individual resides.

(8) A change of residence may be made only by the act of removal joined with intent to remain in another place.

## Nearby sections

- [Mont. Code Ann. § 13-1-101 13-1-101 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-101.md)
- [Mont. Code Ann. § 13-1-102 13-1-102 Elections by secret ballot](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-102.md)
- [Mont. Code Ann. § 13-1-103 13-1-103 Determination of winner](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-103.md)
- [Mont. Code Ann. § 13-1-104 13-1-104 Times for holding general elections](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-104.md)
- [Mont. Code Ann. § 13-1-106 13-1-106 Time of opening and closing of polls for all elections -- exceptions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-106.md)
- [Mont. Code Ann. § 13-1-107 13-1-107 Times for holding primary elections -- cost of municipal election](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-107.md)
- [Mont. Code Ann. § 13-1-108 13-1-108 Notice of political subdivision elections](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-108.md)
- [Mont. Code Ann. § 13-1-109 13-1-109 Election records open to public](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-109.md)
- [Mont. Code Ann. § 13-1-111 13-1-111 Qualifications of voter](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-111.md)
- [Mont. Code Ann. § 13-1-112 13-1-112 Rules for determining residence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-112.md)
- [Mont. Code Ann. § 13-1-113 13-1-113 Only one residence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-113.md)
- [Mont. Code Ann. § 13-1-114 13-1-114 Computation of elector's age and term of residence](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-114.md)
- [Mont. Code Ann. § 13-1-115 13-1-115 Privilege from arrest](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-115.md)
- [Mont. Code Ann. § 13-1-116 13-1-116 Fingerprint, mark, or agent for disabled electors -- rulemaking](https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-116.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T13_C1_P1_S13-1-112. Check the current official text before relying on it. Not legal advice.
