On Friday, Cummings elaborated by saying the essence of residency lies in intent. He cited a 1988 Indiana Supreme Court case that ruled in favor of Evan Bayh who was running for governor. Bayh had been living out of state most of his life as the son of Sen. Birch Bayh but had been born in Terre Haute. The Supreme Court upheld a lower court ruling by writing, “After hearing evidence, the trial court concluded that Bayh met the constitutional residency requirement. Specifically, the court found that Bayh has been domiciled in Indiana since his birth and had not intended to abandon his Indiana domicile and establish his domicile elsewhere.”
Cummings called it a state of mind test.