Wednesday, December 5, 2012

R.S. Gates on Residency

There was an article in the Waco Tribune-Herald recently where County Judge Scott Felton was quoted saying some applicants did not live in the precinct. Sure enough, I received the following inquiry from the judges’ office.
ResidencyE-Mail

Some years ago, the court appointed a man to office  who turned out not to “live” in the precinct he was appointed to serve. At the time, I did not feel it was a concern of mine since that person was not my representative. When the court took action and made that elected official my elected official, I took issue with the residency.  A complaint was filed because the address used to establish residency didn’t even have a residence on it. It was unimproved land with a mailbox. Concerned citizens, three to be exact, filed a complaint with then District Attorney John Segrest. In his response, Mr. Segrest cited case law and determined case law indicated “intent” to reside at a location in the future was sufficient to meet the requirements of the law.  I was wrong and the appointed official was entirely within the law to claim the address to establish residency.

residency  In the interim, several candidates for office have had their residency challenged. None, that I am aware of, with any success .

Today I suspect the issue of my residency will come up so I wanted to take the opportunity to explain.

Over a year ago, my youngest child joined the Army. He was the last local grandchild of my in-laws living at home.  My in-laws have two younger grandchildren living in the Ft. Worth area.  There was some discussion of my in-laws moving closer to the grandchildren still living at home. At that time I decided we would move to their home in Eddy. It was closer to my work, had more acreage, a great garage among other things which would make it a prudent move for new empty nesters.

I believe much of the controversy related to residency issues is because those questioned about the issue take cover and avoid discussion. That is just not my style.  I am providing a public statement because I don’t have anything to hide.  If you believe the Texas residency law is overly broad, we agree. It is, however, the law.

Some may desire to interpret the law differently than in the past. I do tend to elicit some extraordinary circumstances but it really only highlights the hypocrisy of individuals terrified the person they dedicate so much time to vilifying  might have the opportunity to demonstrate how utterly silly they are being.

Decide for yourself.