The Newest Voter In Northern California?

Texas…Virginia…Northern California…State court…federal court…Tina “God is the Chairman of my Party” Benkiser whining about liberal judges in Travis County.

It is almost more dizzying to keep up with the damage path Tom DeLay has left in his wake now that he’s left Congress than it was to keep up with the drama he was causing when he held his seat.

Regardless of that, the question that remains to be answered now is whether or not Texas Democrats will argue to have their case against Tom DeLay (the TRO) sent back to federal court or consent to it being kept in Federal District Judge Sam Sparks’ Court. Sparks, as you will no doubt recall, had to recuse himself from Carole Keeton Strayhorn’s lawsuit against the Secretary of State because he signed her petition and gave her donations.

In my view, the whole thing may not be better off left in state court. Thanks to the landmark 1964 case Bartlett vs. Mills [Mills v. Bartlett, 377 S.W.2d 636 (Before the Supreme Court of Texas, 1964)], which has governed many disputes concerning candidates’ residences over the years, this interpretation could very well be applied to DeLay’s situation:

“The term ‘residence’ is an elastic one and is extremely difficult to define. The meaning that must be given to it depends upon the circumstances surrounding the person involved and largely depends upon the present intention of the individual. Volition, intention and action are all elements to be considered in determining where a person resides and such elements are equally pertinent in denoting the permanent residence or domicile.” Mills v. Bartlett, 377 S.W.2d 636 (Before the Supreme Court of Texas, 1964)

Further discussing DeLay’s residence, consider that, even in his final hours in the House, he failed to exhibit any class and did something that should piss every resident in his district off, royally:

On DeLay’s last day in office, he showed off a sticker that indicated he had voted absentee in the Virginia Republican primary.

A few hours later, he cast his last vote as a congressman as a representative from Texas. DeLay contends his move to Virginia did not prevent him from serving in Congress but did make him ineligible to be on the November ballot for another term in office.

Voting in Virginia…representing Texas. Oh, wait! He’s just taking after Kay Bailey Hutchison, who LIVES IN VIRGINIA, but votes in Texas.

That must be it.

Tweet This Post   Ping This Post

Bookmark It