from the Waco Trib

On April 20, Birdwell petitioned the Hood County District Court to issue what’s called a declaratory judgment, but in his lawsuit he didn’t name any other parties.

Six days later, Judge William Brigham, a retired appeals court judge assigned to the case, affirmed that Birdwell had been a state resident for the past five years, thus meeting a constitutional requirement for Senate candidates.

But the finding is undermined by the fact that only one party, Birdwell, was named in the case, according to several Baylor University Law School professors and lawyers asked to review it.

Only Birdwell’s attorneys made arguments and submitted evidence to the judge, and potential parties, including Birdwell’s three special election opponents, weren’t notified before the proceedings.

And documents Birdwell’s opponents have argued show he isn’t eligible to run weren’t presented to the court.

I noticed this before myself when I looked, when Birdwell was running against Chet Edwards, at the Hood County appraisal district records. In 2007 he moved to Granbury, Texas and then bought land from some other Birdwell, who I assume is kin. I thought at the time that the Republican party HAD him move to that district in order to try to challenge Edwards. didn't work then. HE DIDN'T MEET THE ELIGIBILITY REQUIREMENTS BECAUSE HE HAD NOT LIVED IN TEXAS FOR TWO YEARS. Guess what, the requirements for Texas Senate are more stringent. Here's Texas Tribune.

In 2007, 9/11 Pentagon attack survivor Brian Birdwell flirted with the idea of a run for the seat occupied by state Rep. Jim Keffer, R-Eastland. It was a non-starter because it turned out he didn’t meet the constitutional requirement of two years of Texas residency preceding the election. Now, he’s filed in the special election to replace state Sen. Kip Averitt, R-Waco, and stands to be undone by the same problem.

The Texas Senate has slightly more rigorous eligibility standards than the lower chamber. According to the Texas Constitution, “No person shall be a Senator, unless he … shall have been a resident of this State five years next preceding his election.” Simple logic would suggest that if Birdwell was unable to adequately demonstrate two years of residency prior to November of 2008, then it will be impossible to establish that he has been living in Texas for five years preceding the May 8 special election.

Now how in the FOOL did he get a judge to say he was eligible? Oh, because he didn't notify his challengers and didn't bring in all the data, hmmmmmmmm? He *seems* like a Christian man, why is he hiding this?

Here's what Hood County appraisal district shows for him as of today. Notice that the property deeds go to 2007.

Hood County Appraisal District information updated 6/17/2010

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