Brian Birdwell Still on the Ballot- Judges Did Not Consider Residency Issues (Aug 20 2010) Somervell County Salon-Glen Rose, Rainbow, Nemo, Glass....Texas

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Brian Birdwell Still on the Ballot- Judges Did Not Consider Residency Issues (Aug 20 2010)

20 August 2010 at 11:51:40 AM

What the Dallas Fifth Court of Appeals essentially said was.(Waco Tribune)

Democrats-You should have shown your evidence to the GOP official who put Birdwell on the ballot BEFORE you brought your lawsuit.

Democrats-photocopies of the voting records and fishing licenses weren't good enough-they should have been certified.

What the court did NOT do was consider whether Birdwell was eligible to even run. Since they didn't, there will remain a cloud over Birdwell's head. Birdwell said.

“Two things should be obvious to everyone by now: First, I live here, and I am legally qualified to represent the good people of Senate District 22.”

Um. No. Duh, Birdwell. Don't yOU even get that the court didn't determine your legally qualifications to run, but rather ruled on some technicalities. 

Hope the Democrats decide to appeal this. Otherwise, why doens't EVERYBODY ignore whether one has to really be a resident or not to run for the Texas Senate.

P.S. Here's link to the ruling.

More from Texas Tribune

"We find no applicable section of the election code that empowers us to simply declare Birdwell ineligible and order respondents to do whatever is necessary to take Birdwell off the ballot," the judges ruled. They said the Democrats failed to go to the Republicans in the first place to demand Birdwell be taken off the ballot, and that because they hadn't tried that remedy and been denied, they were not in a position to ask the courts to do what the Republicans wouldn't do. The Republicans, the judges ruled, were never given an opportunity to refuse to fix the problem.

In addition, the judges said were being asked to rely on photocopies of the Virginia voting documents instead of records that were properly vetted. "None of the documents relied upon by relators contains any verification as to authenticity," they wrote.

The judges never actually got to the question of whether Birdwell has been a resident of Texas long enough to serve in the Senate. "Relators seek a determination from this Court as to whether Birdwell is, in fact, ineligible as a candidate. We have no authority to make such a factual determination," they wrote. "We conclude the 'records' relied upon by relators, i.e., the documents attached to their petition and in the condition described above, do not conclusively establish Birdwell is an ineligible candidate for the Texas Senate."

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