Where are the FACTS?

LIBERTY, March 12, 2010 - Some seem confused by Liberty County Democratic Party Chairman, Nancy Archer’s statement that, “Residency in Texas is a State of Mind,” in response to local radio personality, Bill Buchanan’s assertion that Liberty County Judge Candidate Ken Morrison is not a resident of Liberty County.

Buchanan stated, “All we’re trying to do is prove that you’re a legal resident of Liberty County and the hard, fast provable evidence is that you are not.”

I wish Buchanan would come forward with whatever “evidence,” that he claims to have so as to make is easier for all of us. Since we have nothing from Buchanan, i-dineout.com decided to do a little research of our own. First, we, with the assistance of two attorneys, looked at the law and the issue of residence in Texas so that we would know the questions to ask and what evidence to look for.

The Courts of Appeals, including the Ninth Court of Appeals in Beaumont, frequently cite Mills v. Bartlett, a 1964 Texas Supreme Court decision which speaks directly to the issue of residency. Although the Mills case involved the voting residency of a student, the ruling on what determines residency has been applied to many different types of election cases. In the 1989 case State v. Fischer, for example, the Court of Appeals in Corpus Christi wrote:

The Supreme Court said that residence depends upon the circumstances surrounding the person involved and largely depends upon an individual's present intentions. Volition, intention, and action are factors to be considered in determining where a person resides and these factors are equally pertinent in denoting the permanent residence or domicile. Neither bodily presence nor intention, standing alone, will suffice to create residence, but at the moment the two coincide, the residence is fixed and determined.
769 S.W.2d at 623-624 (citing Mills v. Bartlett, 377 S.W.2d 636, 637 (Tex.1964)).

As the Court of Appeals stated above, residency “largely depends upon an individual’s present intentions.” In other words, it depends on the person's “state of mind,” as Archer calls it, as well as other factors.

In Mills v. Bartlett, the Texas Supreme Court stated that “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.”

An Attorney General’s Opinion involving voting rights of individuals, written by Staff Attorney in the Elections Division of the AG’s Office Melanie Best, states, “Evidence of intent to establish domicile may include, but is not limited to, such factors as where 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, has places of business or employment, and maintains a home for his family.” Coury v. Prot, 85 F.3d 244, 251 (5th Cir. 1996).”

We wanted to see how County Judge Candidate Ken Morrison faired on the factors Best mentioned in her Attorney General opinion. Here are the facts:

1. Exercises Civil and Political Rights – Morrison exercised his rights by voting in our most recent election as a registered voter in Liberty County.

2. Pays Taxes – Morrison pays taxes in Liberty County.

3. Owns Real & Personal Property – Morrison has owned property in Liberty for two and a half years and has a trailer on his property

4. Has Driver’s Licenses and Other Licenses – The address on Morrison’s Driver’s licenses and other licenses list his address in Liberty County.

5. Maintains Bank Accounts – Morrison has a bank account at a local bank in Dayton.

6. Belongs to Clubs – Morrison is a member of the American Legion in Dayton and the Elks Lodge in Liberty.

7. Belongs to Churches – Morrison is a member of the Calvary Baptist Church in Dayton and is the Music Director there.

Some have raised Morrison’s voting record and registration, however, as proof of his residency. The courts have stated that voter registration does not conclusively establish a candidate’s eligibility. In the case In Re Jackson, for example, the Waco Court of Appeals considered a case where the local party chairman declared a candidate ineligible based on voting record. The Court stated that the local party chairman “may rely on a public record to administratively declare that a candidate is ineligible only when the record conclusively establishes the candidate's ineligibility.” The Court then concluded that the local party chairman exceeded her authority when she administratively declared the candidate to be ineligible on the basis of the candidate’s voting record alone.

When the totality of the facts are considered, the conclusion is that Ken Morrison was a legal resident of Liberty County six months prior to signing up to run for Liberty County Judge, as required by law.

Bill Buchanan nor his attorney Bruce Stratton returned our calls in preparation for this news story.

Below are the citations to the legal documents used in this story…

Mills v. Bartlett, 377 S.W.2d 636 (Tex. 1964)
State v. Fischer, 769 S.W.2d 619 (Tex. App.—Corpus Christi, 1989)
In Re Jackson, 14 S.W.3d 843 (Tex. App.—Waco, 2000)
Speights v. Willis, 88 S.W.3d 817 (Tex. App.—Beaumont, 2002)
Attorney General Opinion GSC-1, January 22, 2004

See Related Story...

Democrats Canvas Primary Elections and MORE!

Give us your Feedback about this story!