Friday, August 13, 2010

"Birdwell Not Eligible For Senate Nomination"

Democratic challenger's answer to Senator's Response

Texas Democrats struck a blow today for constitutional
principles in a response to Brian Birdwell's answer to
a petition seeking to remove him from the ballot for
election to State Senate District 22.

In the annals of Texas politics, nothing has ever been as
strange as the continuing drama of the Republican nomination for election as State Senator in District 22.

The Democrats have fielded a nominee named by the County Chairmen in the 10-county district. He has asked the Texas 5th District Court of Appeals to declare the ex-Lt. Colonel ineligible to stand for election.

Here is why: Senator Birdwell (he was elected to finish out Kip Averitt's unexpired term) voted in several Virginia elections between the years 2005 and 2006 after swearing he was a resident of that state.

The Texas Constitution reserves the privilege of running for the State Senate to citizens who have resided in the state for a minimum of 5 years.

Makes no difference, according to Senator Birdwell's answer
to the petition filed by the Democratic Party of Texas and
former McLennan County Democratic Chairman, John Cullar, a
Waco attorney.


He always intended to come back to the Lone Star state.
Behold, he bought a lot in Granbury in 2005.

He bought highly prized state fishing licenses in Virginia
when he could have paid an extra fee and received an out-of-
state permit.

Makes no difference, he has answered.

What's more, he does not contest the fact that he voted in
Virginia and swore he was a resident of that state.

He refuses to turn over his state income tax records. They
tax people under two rates in that state. Either they are a
state resident, or they are an out of state resident.

He won't say, one way or the other, nor will he let anyone
see the records.
I guess The Legendary is lost. Are those arguments really
all that conservative?

In response, Mr. Cullar told the Court that "The uncontested
public records in this case are overwhelming, and if they
are not sufficient to establish Mr. Birdwell's ineligibility,
no public records are."

His response went on to say that if the Court allows the
election to go forward with Birdwell's name on the ballot,
it will allow "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...Put another way, every Texas property owner,
regardless of their residency in another state, is a
potential and eligible candidate for election to any state,
county or municipal office in Texas. Such a ruling
eviscerates any meaningful residency requirement and opens
the election process to fraud and manipulation..."

Thus, the way is open for a long and protracted appeals
battle over something that is really very simple and easy to

Stand by to stand by.

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