Jury Duty Notice - what to do?

[ExpatCM]

Hello

I live in Thailand for 18 months and lived in Malaysia for two years before that. I recently voted and now the county I represent in California issued me a jury duty notice. As our current driver's license uses our mailing address in a different state, that's where I received the notice.

Can anyone tell me what you're supposed to do to be legitimately excused?

Thanks

[Walt34]

Quote:

Originally Posted by ExpatCM Hello I live in Thailand for 18 months and lived in Malaysia for two years before that. I recently voted and now the county I represent in California issued me a jury duty notice. As our current driver's license uses our mailing address in a different state, that's where I received the notice. Can anyone tell me what you're supposed to do to be legitimately excused? Thanks

On the jury duty notice there should be a telephone number or at least an address to write to, to let them know of your circumstances. If not, go online and see if you can find the needed information for that jurisdiction.

[bingybear]

What you need to do exactly depends on the rules of the county. Often you can get excused for reasons like being out of country. Look on the website for the court that is calling you to duty for instructions to get excused.

I'm guessing you have kept residency in the in that county?

[cathy63]

I do not know which county you're being called from but in San Diego County, the list of valid excuses is right on the back of the form. You check the relevant box, sign it, and send it back. The one that applies to you is "I am not domiciled in the state of California".

[kitesurfer2]

so...you don't live in the US but you came to vote. and now they want you to serve jury duty in the us. why is it that you don't think you should serve on jury duty?

[marko]

Had this happen to me. We were living in France but our legal residence was the US.

I called, was told I still had to serve. As it turned out, we were coincidentally in the US for the holidays when I was due to be called but was dismissed (as I always am and expected to be).

[mexexpat]

We have owned homes in Mexico from 2008 to 2012, and again since 2017. Concurrently we owned a US home as well, though we spend 90% of time in MX.

I was called for jury duty in 2009 and I phoned the Court. We mutually agreed that I would be excused for that notice, however the Court asked me when I could serve in the near future. Since we were returning to US for a 3 week visit in a few months, I agreed to serve during that time frame, and did so.

In that jurisdiction there was no automatic excuse for being outside the US.

[mexexpat]

Quote:

Originally Posted by cathy63 I do not know which county you're being called from but in San Diego County, the list of valid excuses is right on the back of the form. You check the relevant box, sign it, and send it back. The one that applies to you is "I am not domiciled in the state of California".

If he is voting in CA the OP is domiciled there. There is a difference between domicile and residency.

[Car-Guy]

Quote:

Originally Posted by kitesurfer2 so...you don't live in the US but you came to vote. and now they want you to serve jury duty in the us. why is it that you don't think you should serve on jury duty?

+1 ----- Maybe he/she voted by mail but still......

I know in my county they are pretty easy on the first request for a change/delay in service but they expect you to serve when called the next time.

[bingybear]

Quote:

Originally Posted by Car-Guy Maybe he/she voted by mail but still...... +1

I asked about what the OP did about residency. When I was an expat I could have no residency in any state, or have one. There are reasons to pick one over the other depending upon situation. There are obligation also.

[mexexpat]

Quote:

Originally Posted by donheff This sounds like one of those rare hens - a fraudulent voter (albeit, maybe an unknowing one). And not even an illegal immigrant. I would write back and ask to be excused because I am in Thailand for however long. I assume the court will require you to serve at a future date. You could double down on the fraud by arguing that you are "now" no longer a resident at that location. I suppose you could triple down by saying you are now no longer a resident but then claim you are one again on a trip to the US in Nov 2020.

All US citizens who are registered to vote may vote from outside the US by absentee or mail ballot. Why do you consider the OP a fraudulent voter?

[donheff]

Quote:

Originally Posted by mexexpat All US citizens who are registered to vote may vote from outside the US by absentee or mail ballot. Why do you consider the OP a fraudulent voter?

I started to edit that one but I was so far off I deleted it. I knew people working abroad or temporarily living abroad could vote but assumed it had to be temporary residence. Turns out 36 states including my own quasi state allow you to vote based on your parents' residence even if you never lived in the state.

[audreyh1]

Quote:

Originally Posted by kitesurfer2 so...you don't live in the US but you came to vote. and now they want you to serve jury duty in the us. why is it that you don't think you should serve on jury duty?

I don’t think they came to vote, US citizens living overseas vote absentee ballot. You can be a resident of a county but currently living overseas. If you are not present, you are usually not expected to serve on a jury.

I have two siblings living overseas. This has not been a problem. Probably because it is a small county and they were able to talk to the court clerk and explain their situation.

[audreyh1]

Quote:

Originally Posted by donheff I started to edit that one but I was so far off I deleted it. I knew people working abroad or temporarily living abroad could vote but assumed it had to be temporary residence. Turns out 36 states including my own quasi state allow you to vote based on your parents' residence even if you never lived in the state.

Oh yeah, that was way off. There are tons of US citizens living overseas, whether they are working for many years or married to someone overseas. They still have a right to vote, and they still owe/pay US taxes.

[MichaelB]

If they wish to vote while living abroad, All US citizens must be registered to vote in a state. There is no federal voter registration. Most often, the last registration before leaving the US is the one that applies, and continues until replaced by a new state based registration.

[mexexpat]

Quote:

Originally Posted by MichaelB If they wish to vote while living abroad, All US citizens must be registered to vote in a state. There is no federal voter registration. Most often, the last registration before leaving the US is the one that applies, and continues until replaced by a new state based registration.

True. Though voting from outside the US is governed and protected by this Federal law. https://www.fvap.gov/guide/appendix/faq

[audreyh1]

Quote:

Originally Posted by mexexpat True. Though voting from outside the US is governed and protected by this Federal law. https://www.fvap.gov/guide/appendix/faq

Yes, but MichaelB’s point was that US citizens living overseas have to be registered to vote in a given state. They get mailed a specific ballot from the county in which they are registered, so they have to use some local address.

[MichaelB]

Quote:

Originally Posted by audreyh1 Perhaps, but MichaelB’s point was that US citizens living overseas have to be registered to vote in a given state. They get mailed a specific ballot from the county in which they are registered, so they have to use some local address.

Exactly.

And to tie back to the thread topic, voter registration rolls are commonly used as a source for jury duty calls (along with DMV records). Some counties or states don't acknowledge or allow for residents not actually residing at the address used for voting registration. This is an inconsistency, the only thing that can be done here is to ignore the jury summons.

[mexexpat]

Quote:

Originally Posted by MichaelB Exactly. And to tie back to the thread topic, voter registration rolls are commonly used as a source for jury duty calls (along with DMV records). Some counties or states don't acknowledge or allow for residents not actually residing at the address used for voting registration. This is an inconsistency, the only thing that can be done here is to ignore the jury summons.

NEVER ignore a jury summons!

[mexexpat]

This is the form you use; it is a Federal form that goes to a local election official. https://www.fvap.gov/uploads/FVAP/Forms/fpca2013.pdf

This is what it says about which address/locality you should register in.
What is my U.S. voting residence address?
Your U.S. voting residence address is used to determine where you are eligible to vote absentee. For military voters, it's usually your last address in your State of legal residence. For overseas citizens, it's usually the last place you lived before moving overseas. You do not need to have any current ties with this address.

What if someone else lives there now or the house was torn down?
Your election office only uses your voting residence address to determine if you're eligible to vote in their jurisdiction and which ballot to send you. They won't send anything to that address.

What if I don't know my voting residence address?
If you can't remember the address where you last resided, we recommend asking family members and checking old records. Your election office may also be able to help you further.