House Bill 26-001

SECTION 1. SHORT TITLE

This Act shall be known and may be cited as the “Dual County Elector Act of 2026.”

SECTION 2. LEGISLATIVE DECLARATION.

(a) The General Assembly finds that a substantial number of residents maintain more than one lawful residence within the State of San Andreas, including, but not limited to:

(I) Students maintaining both a campus residence and a parental residence;

(II) Individuals maintaining seasonal or employment-based residences in multiple counties;

(III) Residents in shared custody or blended household arrangements;

(IV) Workers, contractors, medical personnel, or caretakers residing part-time in multiple counties.

(b) Current law forces such electors to select a single county for all elections, despite legitimate, continuous civic engagement in multiple jurisdictions.

(c) Local elections including municipal, county, school district, and special district elections represent separate political subdivisions, and participation in different non-overlapping jurisdictions does not violate the one-person, one-vote principle so long as:

(I) Only one vote is cast for each office;

(II) Duplicate contests are prevented or suppressed;

(III) Legislative district contests are counted only when districts do not overlap.

(d) The state has exclusive authority to regulate local election participation within its borders, and therefore may establish a system permitting eligible electors to vote in multiple counties where they maintain legitimate residency.

(e) To prevent fraud, ensure accuracy, and preserve the integrity of federal and statewide elections, a centralized statewide Dual-County Elector Information System (DCEIS) is necessary.

(f) Interstate participation is expressly prohibited. Nothing in this Act may be interpreted as authorizing an elector to cast ballots in more than one state.

SECTION 3. DEFINITIONS.

As used in this Act:

(a) “Dual-County Elector” or “DCE” means a qualified elector who maintains two lawful residences in two different counties in the State of San Andreas and is certified pursuant to this Act.

(b) “Lawful residence” means a physical dwelling where an elector:

(I) Sleeps regularly;

(II) Maintains personal property;

(III) Receives mail; or

(IV) Maintains substantial, continuous physical presence.

An elector may maintain more than one lawful residence concurrently.

(c) “Residency start date” means the earliest verifiable date the elector began residing at a location, established by acceptable documentation under this Act.

(d) “Primary County” or “County of Primary Statewide Tabulation” means the county in which:

(I) The elector has maintained lawful residence for the longest continuous period; or

(II) If both residences began on the same date, the county chosen by the elector.

(e) “Secondary County” means the other county in which the elector maintains lawful residence.

(f) “Overlapping legislative districts” means districts with the same district number and identical constituency for which a DCE is eligible in both counties (e.g., House District 12 in two counties).

(g) “Non-overlapping legislative districts” means distinct districts representing different constituencies for which a DCE is eligible in each county.

(h) “Local election” means any election for:

(I) Municipal offices;

(II) County offices;

(III) School district offices;

(IV) Special district offices;

(V) Local or district-specific ballot measures.

(i) “Statewide election” includes elections for Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, statewide ballot measures, federal offices, and any race covering the entire state.

(j) “DCEIS” means the Dual-County Elector Information System maintained by the Secretary of State.

SECTION 4. APPLICATION FOR DUAL-COUNTY ELECTOR STATUS.

(a) Application Required. Certification as a DCE is not automatic. An elector must submit a formal written application.

(b) Application Contents. An application must include:

(I) Proof of lawful residence in each county;

(II) Documentation showing residency start dates;

(III) A sworn affidavit affirming the accuracy of all residency claims;

(IV) Acknowledgment that the elector may cast only one vote for duplicate or statewide offices;

(V) Understanding that interstate dual voting is illegal.

(c) Student Documentation. Students lacking leases or property agreements may provide:

(I) Official high school or college transcripts listing the residence;

(II) University housing or dorm assignment letters;

(III) Federal or state financial aid documents mailed to the residence;

(IV) At least two envelopes addressed to the elector at the residence, from different senders, dated at least thirty days apart;

(V) Institutional mail from registrar, bursar, housing, or academic departments;

(VI) Any other Secretary-approved documentation.

(d) Establishing Residency Duration. The earliest verifiable date from documentation determines the residency start date. If documents conflict, the earliest date is used.

(e) County Review. Both counties must independently verify:

(I) Validity of documentation,

(II) Residency start dates,

(III) That both residences are genuine and ongoing.

If either county rejects the application, certification is denied.

(f) Certification Duration. Certification lasts through two general elections, including coordinated and special elections between them, not exceeding four years.

(g) Revocation. Certification must be revoked if:

(I) Either residence is abandoned;

(II) Fraud is discovered;

(III) Documentation is invalid;

(IV) The elector requests removal.

(h) Update Requirement. Electors must notify the Secretary of State within 20 days of any residency change.

SECTION 5. DETERMINATION OF PRIMARY COUNTY.

(a) General Rule. Primary County = county where the elector has resided longest, measured from documented residency start dates.

(b) Equal Dates. If both residences began on the same date, the elector may choose the Primary County.

(c) Limitations. The Primary County may only be changed:

(I) Upon verified relocation;

(II) When initial residency dates are identical and the elector makes their initial selection.

(d) Election-Period Restriction. The Primary County may not be changed within 45 days of any statewide, federal, or legislative election.

(e) Disputes. The Secretary of State shall resolve disputes, and such determinations are final.

SECTION 6. LIMITATION TO IN-STATE RESIDENCES.

(a) Only electors with two lawful residences within San Andreas are eligible.

(b) Out-of-state residences do not count.

(c) Electors with multi-state residency must choose one state to vote in.

(d) No elector may vote for federal or statewide offices in more than one state.

(I) “For avoidance of doubt, nothing in this Act shall be interpreted to authorize or permit an elector to cast a ballot for any federal office in more than one state, and the elector is responsible for ensuring compliance with federal law when maintaining residency in more than one jurisdiction.”

(e) Violations constitute an election offense.

SECTION 7. VOTING RIGHTS OF DUAL-COUNTY ELECTORS.

(a) Local Elections. A DCE may vote in both counties for all local offices and measures. All such votes are counted.

(b) Statewide & Federal Elections. A DCE may vote only once. Duplicate votes shall be suppressed.

(c) Legislative District Elections.

(I) Overlapping Districts, only one vote counted.

(II) Non-overlapping Districts, both votes counted.

(d) Order of Voting. A DCE may vote in either county first.

(e) First Ballot Controls Rule. For any duplicate contest, the first received ballot determines the counted vote. 

(I) “For purposes of this subsection, the ‘first received ballot’ shall mean the ballot first reported as received by any county or the Secretary of State into the Dual-County Elector Information System (DCEIS), regardless of the order in which the elector cast their ballots.”

SECTION 8. BALLOT DESIGN AND COUNTY PROCEDURES.

(a) Counties must provide full ballots to DCEs.

(b) Counties shall report issuance, receipt, and tabulation into the statewide DCEIS immediately.

SECTION 9. DUAL-COUNTY ELECTOR INFORMATION SYSTEM (DCEIS).

(a) Secretary of State maintains a secure statewide system accessible to all county clerks.

(b) System tracks certification, ballot issuance, ballot return, and tabulation.

(c) The system must automatically suppress duplicate statewide, federal, and overlapping legislative contests from the second ballot.

(I) “The system shall identify the chronological order of ballot receipt and shall suppress only those contests appearing on a ballot received after a substantially identical contest has already been recorded.”

(d) Local-only contests must never be suppressed.

(e) A full audit trail must be retained for 25 months.

SECTION 10. OFFENSES AND ENFORCEMENT.

(a) Knowingly casting more than one vote for:

(I) A statewide race,

(II) A federal race, or

(III) The same legislative district

constitutes an election offense.

(b) A DCE is not guilty of an offense when the suppression system automatically removes duplicate contests.

(c) Knowingly attempting to override, evade, or manipulate the suppression system is a felony election offense.

SECTION 11. ELECTORS WITH THREE OR MORE RESIDENCES.

(a) An elector who maintains lawful residences in three or more counties within the State of San Andreas shall be eligible for Dual-County Elector status only with respect to two counties at any given time:

(I) The Primary County, determined under Section 5; and

(II) One Secondary County, selected by the elector consistent with this Act.

(b) All additional counties in which the elector maintains lawful residence shall be deemed non-participating counties for purposes of this Act and shall confer no voting eligibility under Dual-County Elector status.

(c) An elector may change their Secondary County only:

(I) Upon verified relocation or cessation of residence in the current Secondary County; or

(II) Upon renewal of Dual-County Elector certification after the expiration of the elector’s two-general-election certification period.

(d) Any elector seeking to change their Secondary County shall submit:

(I) A new Dual-County Elector application;

(II) Updated residency documentation;

(III) An affidavit explaining the reason for the change.

(e) Under no circumstances shall an elector be authorized to cast ballots under this Act in more than two counties during a single certification period.

(f) Nothing in this Act shall be construed to allow an elector to rotate, alternate, or switch voting eligibility among more than two counties within a single certification period, except as provided in subsection (c).

SECTION 12. EFFECTIVE DATE

Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly; except that, if a referendum petition is filed pursuant to Article II, Section 15 of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.