Once again we see evidence that Republicans, at least the ones here in Texas, think rules and laws are for everyone except themselves. We have a new state senator in Texas that has not only broken the law by committing a felony, but is also not eligible under state law for the office to which he was just elected.
Brian Douglas Birdwell was just sworn in as the state senator from Senate District 22 last month. He beat out three other candidates to replace Senator Kip Averitt, who resigned last Spring. The only problem with that is that a person cannot run for state senate in Texas until they have been a citizen of the state for five years. It has now become known that Birdwell voted in Virginia in 2006, which he could not have done unless he was considered a Virginia resident at that time (he moved to Texas for good in 2007 after several years of sharing time in both states).
Since he was a citizen of Virginia in 2006 that means he would not be eligible to run for the state senate in Texas until 2011 (actually 2012, since the next senate election after this year would be in 2012). His 2010 election is a violation of Texas campaign law. If the law is followed, and that is in doubt since all statewide leaders and statewide judges are Republicans, he would have to not only resign his position but he would also be unqualified to run for the office this November (and Republicans would have to replace him on the ballot).
But, as bad as that is, that is not even his most egregious crime. According to the records of both Texas and Virginia, Birdwell voted in the 2004 presidential election in both of those states. I don't know about Virginia law, but that's a third-degree felony in Texas.
In the last session of the state legislature, the Republicans pushed hard to pass a voter ID law, which they said would prevent voter fraud. The bill easily passed the Senate but was killed in the House. They have been unable to show that widespread fraud is occurring in Texas elections, but it is odd now that the biggest example of voter fraud comes not from Democrats or ordinary citizens, but from a Republican state senator.
I've often heard the phrase "vote early and vote often". It looks like Birdwell took that a little too seriously. He should be charged with violating the law and given a fair trial. He should also resign his position as a state senator.
My district, SD 22. I noticed in 2007 that Birdwell had only purchased property in Hood County in 2005, http://salon.glenrose.net/default.asp?view=plink&id=4633 - It's really easy to look at appraisal records. But here's the kicker-his own web site says, as of June 17, 2010 when I took a screen snap of it, that he MOVED to Granbury in 2007. http://salon.glenrose.net/default.asp?view=plink&id=12617, When he went to get a judicial certification about eligibility requirements, the judge said Birdwell had lived there for THIRTY SEVEN YEARS!!!! heh. Note that Sibley was not there to rebutt. Definitely Birdwell voted in Virginia in 2006... because he LIVED there.
ReplyDeleteTed, what gets me about this is that one reason I think the Republican party is pushing this guy is he's a right-wing *Christian nation* proponent. Apparently those christians don't have a problem with illegality
He does have a rebuttal for the Trib on voting twice, which may or may not be true, but he still has not addressed specifically how you can vote in one place, not move till the next year to Texas and STILL BE ELIGIBLE TO BE SENATOR. I hope the Democrats challenge this in the fall.