Democrats SMACK DOWN Brian Birdwell's Response to Residency Lawsuit (Texas Senate District 22) Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas


Democrats SMACK DOWN Brian Birdwell's Response to Residency Lawsuit (Texas Senate District 22)

14 August 2010 at 11:15:36 AM

Birdwell on Thursday gave an answer to the court filing about whether he has been a legal resident of Texas. Yesterday, the Dems gave an answer to HIS answer. I love it.

The court filing by Democrats said allowing Birdwell to run would open the election process to fraud and manipulation "by any person who has consistently owned property in Texas but nonetheless has resided and voted in another state to return to Texas at will and seek election to Texas public office regardless of durational residency requirements".

Yup. I have a friend who owns property in Louisiana but lives in Texas, where he raises his family. Owning property in Louisiana does NOT make you a resident of Lousiana.  I'll bet there are a lot of people who live outside the state who have property to hunt on here in Texas. That does NOT make them residents of Texas.

It said Birdwell voted four times in Virginia until 2006, including twice for state and local elections only.  He apparently did not cancel his Virginia voter registration until 2008, and when he registered to vote in Texas in June of 2007, he signed up as a "new" resident of the state.

If he had been voting here all along while living in Virginia, he would not have been a *new* resident of the state. This matches, though, with what he says on his own website, which is that he moved back to Texas in 2006.

Democrats also reminded the Court Birdwell has not produced his Virginia tax returns, on which he had to declare whether he was a resident or non-resident of that state.

Yup. Where's those dang tax returns and why didn't he include that in the proof in his answer?

Birdwell has claimed the residency issue has already been decided in a court ruling in his favor last April, but Waco attorney John Cullar, who will be the Democratic challenger on the November ballot says that ruling was not legally binding, because it did not include any contesting parties.

Yeah. That's the kind of court proceeding EVERYBODY would like, right? Where the judge only hears YOUR side and the other people who have a different side aren't even there to speak!

UPDATE-and a little more on a Waco mayor ruling that Birdwell is trying to use to prove he's okay even though the lived and voted in Virginia.

Greg White of the Waco law firm Naman, Howell, Smith & Lee said Birdwell’s attorneys “are not being 100 percent candid with their explanation of that case.”

“There was a statute that said Jackson could vote in her old precinct,” White said. “Birdwell doesn’t have a statute that says he can vote back in Virginia.”

Matkin, who represented Jackson, said comparisons between Birdwell’s and Jackson’s situations aren’t apt.

“The situation in Mae’s case was actually very different,” said Matkin, now the McLennan County district clerk. “It’s just such a different ballgame when you talk about (a candidate moving) from state to state.”

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