“And the key term on this particular application is the word “residence”. If you could tell me what that means, I’d give you a million dollars because the courts have interpreted it in a thousand different ways. ~ It could be it doesn’t have to be where you live. It doesn’t have to be where you get water. It doesn’t have to be anything. It can be even based upon what we call intent or I’m intending my residence to be if I have some connection there, you know, we’ve had case, all that come down to just to hold that to be true. ~ [So then the law needs to be changed to define what residence is?] Tyler Dunman: Absolutely. Absolutely. ~ we’re dealing with the fuzzy issue of residence.He had a lease agreement and under the law, that would probably get him to where he needs to be for residency. We’re not talking about where the person goes to bed each night.~ You don’t have to have a bed there.~ And it’s not black and white. ~ the problem is now a lot of the folks had got elected, you know, relying on this vagueness…”
“The ( 2010 Election contest )decision was contrary to decades of court decisions about residency issues and was really an outlier. The way I read it was, Developer is mad that their nose has been tweaked by some people who were protesting the profoundly undemocratic way that taxes are imposed in Texas, and their embarrassment is such that they call up their best buddy, someone who has close political ties to them and say, hey Judge, we need you to make an example of these people. Utterly politically motivated, intellectually bankrupt decision that could not be reconciled with the way we generally view residence. Most prosecutors won’t touch a residency dispute with a ten foot pole because they are going to lose. Isn’t there a presumption in favor of a valid election and upholding the election results? Just set aside an election? Say no more. Your election was tainted by the wrong kind of people. The election was just a sham; a fiction created by the way the State fails to process land development. They (Developers) became complacent because for years and years Houston area real estate attorneys gave their clients bad advice. Don’t worry about how you will finance that sewer line because all you will have to do is have a – “election”. ( The developer controlled RUD) ~carefully excising any voters. Voters are presumptively not eligible unless they have been vetted by the developer, given the OK, the secret handshake. Snotty arrogance of the decision that bothered me so much. Dirty Judge, dirty developer, dirty everybody. If your that scared, if you create such a powerful incentive to run a dirty election, then you should ask why are you developing that land that way in the first place?”
( From recorded call 2012 barred as evidence by the court / see youtube below *** Kulhavy unjustly fired by state due to this case )
