Assembly BillFailedElections
AB 1040: Elections: residency: displacement by natural disaster.
What AB 1040 does, verified February 3, 2026
<p>This bill aims to amend the elections code to clarify the concept of "residence" for voting purposes. Currently, a person's residence is defined as their domicile, which is the place where they intend to remain and return to when absent. The bill would expand this definition to include individuals who temporarily leave their home due to a natural disaster, as long as they intend to return to their original home or another address within the same jurisdiction.</p>
Bill journey
✓IntroducedComplete
2In CommitteeCurrent
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. (2026-02-02)Alert me
Author and sponsors
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| Feb. 02, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan. 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Mar. 10, 2025 | Referred to Com. on ELECTIONS. |
| Feb. 21, 2025 | From printer. May be heard in committee March 23. |
| Feb. 20, 2025 | Read first time. To print. |
Latest bill textIntroduced version, February 20, 2025 · 333 words
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 1040
| Introduced by Assembly Member Essayli |
February 20, 2025 |
An act to amend Section 2021 of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1040, as introduced, Essayli. Elections: residency: displacement by natural disaster.
Existing law defines “residence” for voting purposes as a person’s domicile. Existing law describes the domicile of a person for voting purposes as that place in which their habitation is fixed, wherein the person has the intention of remaining, and to which, whenever they are absent, the person has the intention of returning. Existing law provides that a person who leaves their home to go into another state or precinct in this state for temporary purposes, with the intention of returning, does not lose their domicile.
This bill would additionally provide that a person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home.
The people of the State of California do enact as follows:
SECTION 1.
Section 2021 of the Elections Code is amended to read:2021.
(a) A person who leaves(b) A person does not gain a domicile in any precinct into which he or she the person comes for temporary purposes merely, without the intention of making that precinct his or her the person’s home.
(c) A person who leaves their home for temporary purposes because of a natural disaster, and who intends to return to that home or to another address within the same jurisdiction, does not lose their domicile at that home. The person may provide a temporary mailing address without losing their domicile at that home.
Text of AB 1040 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions