Which state and district?

[jdoliv]

Hi. We tried to search for a concrete answer but getting conflicting information from different sources. We are a military family and currently living in VA. We will be moving to TX this coming school year. My husband's home of record and where state taxes are filed is in OK. Our son would like to start his nomination applications sooner than later so trying to figure out which state his MOC applications need to be sent. Has anyone been in a similiar situation? The application guidelines on many applications state "Must be a resident of the state/district." How does this apply to military families that may currently reside in one state, move to another during the applciation period, but actually file state taxes in a different state? Any information is appreciated!

 

[OldRetSWO]

Hi. We tried to search for a concrete answer but getting conflicting information from different sources. We are a military family and currently living in VA. We will be moving to TX this coming school year. My husband's home of record and where state taxes are filed is in OK. Our son would like to start his nomination applications sooner than later so trying to figure out which state his MOC applications need to be sent. Has anyone been in a similiar situation? The application guidelines on many applications state "Must be a resident of the state/district." How does this apply to military families that may currently reside in one state, move to another during the applciation period, but actually file state taxes in a different state? Any information is appreciated!

The customary way to do this is with home of record. There are several tings that together can indicate home of record and they include car registration, tax home, drivers license and where you're actually living. Hopefully, there are enough of them matching to make a strong case for one or another. Remember that Senators and MOCs CAN do nomination interviews so living somewhere else can be a bit more challenging but most military families find a way to do this.
When the websites state "must be a resident" your son needs to be ready to explain how he is a resident of the particular district.
Don't forget to apply for the Presidential nomination as that is another nomination source that military family members can use.

 

[Capt MJ]

This happens frequently with applicants from an active military family, families who live/work out of the country, State Dept employee families, etc.

As @OldRetSWO indicated, military families will usually choose the state they use for the military’s member’s legal tax residence, and the District used for voter registration purposes, even if a home is no longer owned there. This legal state of residence may or may not be the same as your Home of Record, the place of residence from which the military member entered military service. The military member is a transient military resident of the state where they are assigned, if not their legal state of residence, and that status is usually not a good basis for elected officials to consider for their SA nom program, as they would not be considered voting, tax-paying constituents, very generally speaking.

The Sen/Rep staffers who handle the SA nom process won’t be surprised by this. The applicant should research the website and call the staffers to research how residents living out of state apply and any particular requirements.

 

[Ivy22]

I knew a few friends that were in this situation, and they all chose to pursue congressional nominations in the states where their parents (and therefore themselves as minors?) were legal residents of, i.e. registered to vote, pay state taxes, etc. It was usually a few states away from our home state for them, but it worked out well in the end for them. I wouldn't fret too much over it.
It's probably a similar situation if for some reason, a non-military family had to move to a different when their kid was in the middle of high school. Moves happen for a variety of reasons, not just military, and congressmen understand that. They get new constituents moving into their district or state every year, and they still represent them in Congress just like for a longtime constituent

 

[Ivy22]

To add, one reading of "must be a resident of..." could be more telling someone not to apply to all 435 representatives and 100 senators for nominations...

 

[KBPilot]

Great thread and thank you for the info.
Similar situation here except it is being recommended to us (by HS College Guidance Counselor) to apply for nominations in the state we are stationed in. In this case, it would be advantageous to our daughter, and alleviate possibility of one or more lengthy trips to conduct interviews.
Our previous expectation was to apply in the state we use for tax and voting purposes - Florida- (though we no longer own property there).
We verified with both FL Senators and MOC that our situation is acceptable, but it would be to our daughter's advantage to apply in the state we are stationed. We reside here and have registered automobiles. Otherwise no connection. Any legal or ethical gotchas that could occur from pursuing this path? The counselor with many years of experience has high confidence this can be accomplished with no issue. Our primary concern is that everything is above board. Any thoughts, references or experiences appreciated.
Thanks!

 

[A1Janitor]

As a parent, I would document the rationale for the least competitive district.

 

[FutureAcademyDad?]

It seems that your questions already been answered by the commenters above.

Since you're registered to vote elsewhere, you and your DC are not constituents of the MOCs in the state in which you are stationed, so they probably should not provide nominations for your DC. But... maybe they will.

I think you should reach out to both senators and the representative for the district in which you are stationed. If all three offices state that they will consider your DC for a nomination, then I don't see a problem. However, if the responses are not unanimous, you should go ahead and seek nominations in Florida.

Just my .02

 

[flieger83]

My input, dated as it is...

My dad was career AF...we were stationed at USAFA when I was applying to the SAs. I was a Florida resident (born there, my family has been in FL since the late 1820s) at the time. I could have applied in Colorado as Dad was serving there. I saved up some money and made a long-distance call to my uncle (an attorney in our hometown in FL) and asked a favor. He checked in with our MOC and asked about nominations to the SAs. He said, "oh, we get a bunch of requests for USNA and USMMA...a few USMA, and occasionally a USAFA...have him reach out to us!"

So I did.

My congressman in FL was more than happy to nominate me after I flew there for an interview (with him, not a committee) and I presented my Florida 12th Grade Placement Exam results. That was a test that FL HS seniors had to take to graduate. So...I flew down...made an appointment at the HS my Dad graduated from...they laughed and gave me the exam...and then I went and met my MOC. He nominated me to ALL of the SAs.

And the next year he did it again and was pleased to learn I had been offered appointments the second time.

My point? DO SOME RESEARCH. Colorado was and is a VERY competitive place for USAFA nominations...if you have an option that's less competitive...perhaps that's a better choice?

Just my $0.02 worth.

Steve
USAFA ALO

 

[KBPilot]

My input, dated as it is...

My dad was career AF...we were stationed at USAFA when I was applying to the SAs. I was a Florida resident (born there, my family has been in FL since the late 1820s) at the time. I could have applied in Colorado as Dad was serving there. I saved up some money and made a long-distance call to my uncle (an attorney in our hometown in FL) and asked a favor. He checked in with our MOC and asked about nominations to the SAs. He said, "oh, we get a bunch of requests for USNA and USMMA...a few USMA, and occasionally a USAFA...have him reach out to us!"

So I did.

My congressman in FL was more than happy to nominate me after I flew there for an interview (with him, not a committee) and I presented my Florida 12th Grade Placement Exam results. That was a test that FL HS seniors had to take to graduate. So...I flew down...made an appointment at the HS my Dad graduated from...they laughed and gave me the exam...and then I went and met my MOC. He nominated me to ALL of the SAs.

And the next year he did it again and was pleased to learn I had been offered appointments the second time.

My point? DO SOME RESEARCH. Colorado was and is a VERY competitive place for USAFA nominations...if you have an option that's less competitive...perhaps that's a better choice?

Just my $0.02 worth.

Steve
USAFA ALO

Steve,
Your experience is super helpful. In our daughter's case, FL's 1st Congressional District is far more competitive than the state we are stationed in. If permissible, legal and ethical, we'd prefer she apply here for the competitive benefit, ease of access, and support from what I assess is an incredibly knowledgeable and helpful school counselor.
I note from your post you determined it would have been permissible for you to have applied in CO when you were an applicant. Effectively, our daughter would seek to do the opposite.
Thanks!

 

[flieger83]

Steve,
Your experience is super helpful. In our daughter's case, FL's 1st Congressional District is far more competitive than the state we are stationed in. If permissible, legal and ethical, we'd prefer she apply here for the competitive benefit, ease of access, and support from what I assess is an incredibly knowledgeable and helpful school counselor.
I note from your post you determined it would have been permissible for you to have applied in CO when you were an applicant. Effectively, our daughter would seek to do the opposite.
Thanks!

You should have no issues and it's totally "ethical" to do. If you're on active duty orders, out of your "home" state (the correct term is your Home of Record) then you have all the rights and privileges of a local resident. Now...one thing I did was go home to Florida and swap my CO driver's license to a FL license. And I voted in FL until I left active duty. I registered my car in my home county...I fully intended to return to FL once I was done with the AF...

And then I married a lady from Arizona...

It was only 109F today...but in my "hometown" in FL it was 89F and the beach was beautiful...I miss it.

 

[KBPilot]

It seems that your questions already been answered by the commenters above.

Since you're registered to vote elsewhere, you and your DC are not constituents of the MOCs in the state in which you are stationed, so they probably should not provide nominations for your DC. But... maybe they will.

I think you should reach out to both senators and the representative for the district in which you are stationed. If all three offices state that they will consider your DC for a nomination, then I don't see a problem. However, if the responses are not unanimous, you should go ahead and seek nominations in Florida.

Just my .02

Thank you for the reply. Expected similar. Also recognize the investment to travel to our very competitive home district will be substantial. Love this community and appreciate your advice.

 

[OldRetSWO]

Thank you for the reply. Expected similar. Also recognize the investment to travel to our very competitive home district will be substantial. Love this community and appreciate your advice.

For what its worth, as an interviewer for my Congressional district, it is not uncommon for us to interview College Students and serving military folks over Zoom. Your district may vary.

 

[Malex]

In my 20+ years experience handling nominations, I had this question come up many times. And I had many discussions with Academy Admissions offices. If applicant is son/daughter of active duty service member and their dependent, it is the legal residence of parent as indicated by drivers license or voter registration. I also learned that most service members indicate a home of record as part of their duty.

For college students, they generally retain residence where they attended high school. As the parent of college student who attended college out of home state, my child kept home drivers license, car registration and insurance where they were raised.

Main reason for these rulings is that applicant can only apply to one congressional district and senators from same state. These keeps the process fair and equal. No “ double dipping” allowed. If an applicant tries, it most likely be discovered. I compared my applicants with lists from Academy’s portals. This was mainly to be certain they had opened a file at the Academy. On several occasions, it was discovered they claimed another state and had applied there as well as my district. The Academy stepped in to get clarification.

For applicants whose parents are divorced, legal residence is with custodial parent. If joint custody, applicant must pick one. If mom lives in Pennsylvania and dad in Illinois, they can’t apply to both states.

The MOC staffer should be able to assist with individual inquiries to their district. This is how I handled it but may not be the case for all.

 

[shock-n-awe]

Correct me if I’m wrong.
Legal residency or home of record for Nomination ultimately boils down to where you are registered to vote. If a minor then it’s where your parents are registered to vote
You can only have one home of record. It’s not a choice in the moment. Active duty folks can change home of record at any time while moving around the country but will still only get to vote in one state, their declared home of record. That declaration will thus become the child’s home of record.
If a minor and your parents are divorced then it comes down to which parent has legal custody.
If it’s joint custody, it’s more gray, but would likely be the state where child attends school and has a driver’s license.
And of course there are regulations on criteria to determine eligibility for residency and being allowed to vote in the declared state/district. At least there used to be…..

This is only my non attorney opinion, but welcome different opinions.

 

[Capt MJ]

Just for clarity, Home of Record is not interchangeable with state declared as legal residence, though sometimes they are the same. HOR is the place from which you reported for accession into the military, and is usually not changeable. It’s used to determine household goods shipments and other entitlements at beginning and ending of military career.

The declared state of legal residence can be, and is often, changed. Originally, my HOR and legal residence were both the state of GA. GA wanted me to pay full annual state income tax, didn’t matter if I was AD or resident outside the state. As soon as I got an opportunity to live in FL, I registered to vote, got a driver’s license, went to base legal to get a sample draft letter to send to GA state tax agency informing them I was no longer a resident. My HOR was still GA and remained so my entire career. I remained a FL resident and voted absentee using the same condo address I had rented years ago. FL, of course, has no state income tax.

My DH’s HOR was PA. PA does not assess state income tax on AD military assigned out of PA. Since it was highly unlikely his Navy career would take him back to PA, his HOR and legal state of residence remained the same. Like me, he voted absentee for his entire career.

All other states where we were assigned, the state considered us transient military residents.

I found this to be the easiest reference to skim through.

https://www.misawa.af.mil/Portals/41/images/Legal/Legal%20Residence.pdf?ver=60_ZH7CKWjaZisvXE8aB0A%3D%3D#:~:text=A%20servicemember's%20%E2%80%9Chome%20of%20record,person's%20state%20of%20legal%20residence.