! Am I seeing things?
I just read this in the Courier
“According to Alicia Pierce, spokeswoman for the Texas Secretary of State’s Office, this might not be technically illegal. Pierce couldn’t speak directly about these cases, but she said the current statute regarding voter residency doesn’t have specific guidelines.
I have a big problem with that statement right there – what about ELECTION LAW OPINION GSC-1 ???? Thats the one they gave me in 2010, has it been rescinded? In GSC-1 it tells me the following.
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The definition of residence for the purpose of voter registration is wellsettled in Texas.
- “[n]either bodily presence alone nor
intention alone will suffice to create the residence, but when the twocoincide at that moment the residence is fixed and determined
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There is no specific length of time for the bodily presence to continue.”
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The statutory definition of residence adopts Texas common law, reinforcing the notionthat residence involves a mixed question of law and fact.
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my office (SOS ) is statutorily authorized to give voters the definition ofresidence for them to use when completing the voter registration application.
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Evidence of intent to establish domicile may include, but is not limited to, such factors aswhere a person “exercises civil and political rights, pays taxes, owns real and personal property,has driver’s and other licenses, maintains bank accounts, belongs to clubs and churches, hasplaces of business or employment, and maintains a home for his family.”
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An applicant filling out a Texas voter registration form is not required to state that theresidence will be his or her home forever, or for the next five years, or even the next year.
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No more or less can be required of college students during the voter registrationprocess than any other Texas voter.
- Texas law does not require a statement of durational future residence
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These principles apply equally to college students as well as other voters, and no morecan be required of them in order for them to register and vote in the State of Texas.
“Statute defines residency based on where a voter intends to return after a brief absence,” she said.” “Statute defines residency based on where a voter intends to return after a brief absence,” she said.
But when I told the jury that was what the law said and I believed it they laughed and said what the hell, just shut up and go to jail. And Phil Grant was there asserting that he had done all he could to tell me not to break the law. The Jury believed Phil, but not me. Huh? Phil wants to be judge too. He’s tired of just being executioner.
“The Texas Attorney General’s Office prosecuted these cases; however, the AG’s Office wouldn’t comment as to why The Woodlands RUD case differs from temporary voters for municipal district elections.”
No comment, really, that’s what they said. No comment. Probably what they meant was, “hey we send people away to the penitentiary, that’s in our mission statement, its a process. Don’t get worked up about quaint notions like innocence and such and hey, we don’t make no stinking comments!”
they have applied the law one way for one group of people and the opposite way for others.