oh Herschel, residence issues

[LeeG]

Turns out he claims his Texas residence as his primary residence for that $1500 tax credit. oops.

[ron ll]

Repugnicans don’t care.

[LeeG]

Repugnicans don’t care.

He was on the campaign trail regurgitating some populist slop against EVs, in a state that is home to a new EV battery plant.

[Jimmy W]

He was on the campaign trail regurgitating some populist slop against EVs, in a state that is home to a new EV battery plant.

and also starting work on a new Rivian plant not far from that one..

[Tom Wilkinson]

and also starting work on a new Rivian plant not far from that one..

Hyundai and Kia are also building EV plants there I believe.


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[CWSmith]

Repugnicans don’t care.

No, but shouldn't the law have something to say.

[ron ll]

No, but shouldn't the law have something to say.

Of course. But they would vote him anyway. They. Just. Don’t. Care.

[Paul Pless]

honest mistake
could happen to anybody

[Too Little Time]

No, but shouldn't the law have something to say.

In Georgia one has to be a resident after taking office.

[CWSmith]

In Georgia one has to be a resident after taking office.

How convenient. There was a time when they knew a carpet bagger when they saw one.

[Breakaway]

Nothingburger.

With a net worth estimated at between $29 and $65 million, it's likely that Walker has people to handle finance does not know the details of $1,500 tax deduction.

Kevin

[Jimmy W]

The Constitution sets three qualifications for service in the U.S. Senate: age (at least thirty years of age); U.S. citizenship (at least nine years); and residency in the state a senator represents at time of election. The details of these qualifications were hammered out by the Constitution's framers during the Constitutional Convention in 1787.

He did move into a place in Georgia before he ran. Hopefully, he will hurry back to Texas next week.

[John Smith]

Republicans don't care. OZ lives in NJ. That didn't seem to cost him any PA votes.

[Gerarddm]

And still the Stumps won't care.

What was it one Republican commentator said, that she didn't care if Walker aborted baby eagles, winning is a virtue.

No wonder I despise them all.

[The Ranger]

One of my fellow travelers said that in our Congressional district the Republican Party could run a cabbage on a fence post and win. They did.

[Osborne Russell]

It's a thing.

In 2010, [Josh] Hawley [R-Missouri] married Erin Morrow, an associate professor of law at the University of Missouri. The couple have three children. Following complaints that, after becoming attorney general, he was not abiding by a statutory requirement that the attorney general must reside within the city limits of the state capital (Jefferson City), Hawley began renting an apartment there, while his family continued to live in Columbia, Missouri.[264] The Hawleys own a house in Vienna, Virginia, which they bought in 2019 after Hawley was elected to the U.S. Senate, after selling their Columbia home. Hawley's voter registration has his sister's address in Ozark, Missouri so that he can be eligible to run again for Missouri's U.S. Senate seat.

Hawley was raised Methodist, but he and his family now attend an Evangelical Presbyterian Church.

-- wikipedia

[Figment]

I don't imagine that this will persuade many of his voters to stay home, but it's now being reported that the Georgia home now being claimed as Primary Residence was a rental property (not Walker's residence, second or third or at all) until the senate run.

https://www.thedailybeast.com/republ...t-georgia-home

I find it troubling that this residency question only came to the surface now. I suppose I'm as guilty as any when it comes to not taking these clowns very seriously, but is ANYONE doing their homework in the media?

[Jimmy W]

Throughout the campaign, opponents accused Hillary Clinton of carpetbagging, because she had never resided in New York State or participated in the state's politics before the 2000 Senate race.

...

[George Jung]

Lives there, now. Ol' Herschel is apparently intent on returning to Texas, *at some point

*earlier would be better.

[Tom Wilkinson]

In Georgia one has to be a resident after taking office.

Where did you come up with that? The senate defines the rule and he must be a resident on the day he is elected. I would say that is very much in question.
We really should enforce such rules.




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[Tom Wilkinson]

The Constitution sets three qualifications for service in the U.S. Senate: age (at least thirty years of age); U.S. citizenship (at least nine years); and residency in the state a senator represents at time of election. The details of these qualifications were hammered out by the Constitution's framers during the Constitutional Convention in 1787.

He did move into a place in Georgia before he ran. Hopefully, he will hurry back to Texas next week.

Simply moving into a home does not establish residency.

I own a home in NH that no one has ever lived in but me and my family, but I have never been a resident.

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[Too Little Time]

The Constitution sets three qualifications for service in the U.S. Senate: age (at least thirty years of age); U.S. citizenship (at least nine years); and residency in the state a senator represents at time of election. The details of these qualifications were hammered out by the Constitution's framers during the Constitutional Convention in 1787.

He did move into a place in Georgia before he ran. Hopefully, he will hurry back to Texas next week.

https://constitution.congress.gov/br...%20be%20chosen.

While the Senate Qualifications Clause expressly requires inhabitancy at the time of the election, Congress has interpreted the Clause to require that Senators meet age and citizenship qualifications only at the time they take the oath of office. Pursuant to Article I, Section 5, the Senate determines whether Senators-elect meet the required qualifications to be seated in the Senate.

When different words are used - residency and inhabitancy, it is difficult to make rational comments. I think it is best to say that the Senate will make whatever determination is necessary. It may be that the Democrats would make a different decision than the Republicans.

[Too Little Time]

Where did you come up with that? The senate defines the rule and he must be a resident on the day he is elected. I would say that is very much in question.
We really should enforce such rules.

I read it somewhere. But my post #22 should cover it.

[LeeG]

Funny that the GOP didn’t have someone from Georgia.

https://www.cnn.com/2022/11/29/polit...ile/index.html

CNN
—
Georgia Republican Senate candidate Herschel Walker, facing renewed and growing questions about his residency in the final week of the runoff campaign, described himself during a campaign speech in January as living in Texas and said he decided to run for Georgia’s Senate seat while at his Texas “home,” according to a CNN KFile review of his campaign speeches.
.
.
“I live in Texas,” Walker said in January of this year, when speaking to University of Georgia College Republicans. Walker was criticizing Democrats for not visiting the border when he made the comments. “I went down to the border off and on sometimes,” he said.
Earlier in the speech, Walker said he decided to run for Georgia’s Senate seat while at his Texas home after seeing the country divided.

“Everyone asks me, why did I decide to run for a Senate seat? Because to be honest with you, this is never something I ever, ever, ever thought in my life I’d ever do,” said Walker. “And that’s the honest truth. As I was sitting in my home in Texas, I was sitting in my home in Texas, and I was seeing what was going on in this country. I was seeing what was going on in this country with how they were trying to divide people.”

[Nicholas Carey]

I don't imagine that this will persuade many of his voters to stay home, but it's now being reported that the Georgia home now being claimed as Primary Residence was a rental property (not Walker's residence, second or third or at all) until the senate run.

https://www.thedailybeast.com/republ...t-georgia-home

I find it troubling that this residency question only came to the surface now. I suppose I'm as guilty as any when it comes to not taking these clowns very seriously, but is ANYONE doing their homework in the media?

Or is anybody at the Board of Elections doing their homework when a candidate turns in their registration form to appear on the ballot?

Lives there, now. Ol' Herschel is apparently intent on returning to Texas, *at some point

That causes an issue with Georgia residency (which see below).

Simply moving into a home does not establish residency.

I own a home in NH that no one has ever lived in but me and my family, but I have never been a resident.

Exactly.

When different words are used - residency and inhabitancy, it is difficult to make rational comments. I think it is best to say that the Senate will make whatever determination is necessary. It may be that the Democrats would make a different decision than the Republicans.

Not that difficult. "Inhabitant" has a pretty specific meaning:

Inhabitant. n. [L. inhabitans, -antis, p. pr. of inhabitare.]

1. One who dwells or resides permanently in a place, as distinguished from a transient lodger or visitor; as, an inhabitant of a house, a town, a city, county, or state. "Frail inhabitants of earth."—Cowper. "In this place, they report that they saw inhabitants which were very fair and fat people."—Abp. Abbot.

2. (Law) One who has a legal settlement in a town, city, or parish; a permanent resident.

Inhabitancy n.

1. The act of inhabiting, or the state of being inhabited; the condition of an inhabitant; residence; occupancy. "Ruins yet resting in the wild moors testify a former inhabitance."—Carew.

2. (Law) The state of having legal right to claim the privileges of a recognized inhabitant; especially, the right to support in case of poverty, acquired by residence in a town; habitancy.

For tax purpose, one becomes a resident of Georgia having resided in the state for 183 days in the previous year. For voting purposes, Georgia's definition of "resident" is pretty straightforward: Intent of permanency of abode is a prerequisite.

I like 21-2-217(a)14: " The specific address in the county or municipality in which a person has declared a homestead exemption, if a homestead exemption has been claimed, shall be deemed the person’s residence address". Walker has claimed a homestead exemption in Texas, has he not? And would that not, under 21-2-217(a)14, make him, de jure, a resident of Texas?

And 21-2-217(b): "In determining a voter’s qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicant’s expressed intent, any relevant circumstances determining the applicant’s residence. The registrars taking such registration may consider the applicant’s . . .

- residence for income tax purposes,
- ...
- leaseholds,
- sites of personal and real property owned by the applicant,
- motor vehicle and other personal property registration,

and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election.

[i]The Code of Georgia, Title 21: Elections, Article 2: Elections and Primaries Generally, Article 6: Registration of Voters, Section 217 says this:

21-2-217. Rules for determining residence.

(a) In determining the residence of a person desiring to register to vote or to qualify to run for elective office, the following rules shall be followed so far as they are applicable:

(1) The residence of any person shall be held to be in that place in which such person’s habitation is fixed, without any present intention of removing therefrom;

(2) A person shall not be considered to have lost such person’s residence who leaves such person’s home and goes into another state or county or municipality in this state, for temporary purposes only, with the intention of returning, unless such person shall register to vote or perform other acts indicating a desire to change such person’s citizenship and residence;

(3) A person shall not be considered to have gained a residence in any county or municipality of this state into which such person has come for temporary purposes only without the intention of making such county or municipality such person’s permanent place of abode;

(4) If a person removes to another state with the intention of making it such person’s residence, such person shall be considered to have lost such person’s residence in this state;
(4.1) If a person removes to another county or municipality in this state with the intention of making it such person’s residence, such person shall be considered to have lost such person’s residence in the former county or municipality in this state;

(5) If a person removes to another state with the intention of remaining there an indefinite time and making such state such person’s place of residence, such person shall be considered to have lost such person’s residence in this state, notwithstanding that such person may intend to return at some indefinite future period;

(6) If a person removes to another county or municipality within this state with the intention of remaining there an indefinite time and making such other county or municipality such person’s place of residence, such person shall be considered to have lost such person’s residence in the former county or municipality, notwithstanding that such person may intend to return at some indefinite future period;

(7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse;

(8) No person shall be deemed to have gained or lost a residence by reason of such person’s presence or absence while enrolled as a student at any college, university, or other institution of learning in this state;

(9) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention;

(10) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state;

(11) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, such person shall not be considered to have lost such person’s residence in this state during the period of such service; and the place where the person resided at the time of such person’s removal shall be considered and held to be such person’s place of residence;

(12) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, such person shall not be considered to have gained a residence in the county in which the institution to which such person is committed is located;

(13) If a person goes into another state and while there exercises the right of a citizen by voting, such person shall be considered to have lost such person’s residence in this state;

(14) The specific address in the county or municipality in which a person has declared a homestead exemption, if a homestead exemption has been claimed, shall be deemed the person’s residence address; and

(15) For voter registration purposes, the board of registrars and, for candidacy residency purposes, the Secretary of State, election superintendent, or hearing officer may consider evidence of where the person receives significant mail such as personal bills and any other evidence that indicates where the person resides.

(b) In determining a voter’s qualification to register and vote, the registrars to whom such application is made shall consider, in addition to the applicant’s expressed intent, any relevant circumstances determining the applicant’s residence. The registrars taking such registration may consider the applicant’s financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a person’s residence for voting purposes.

[Too Little Time]

Not that difficult. "Inhabitant" has a pretty specific meaning:

I am sure the Senate will make a decision and then someone will be right and someone will be wrong. Or perhaps the Senate will be chastised for making their decision.

[Jimmy W]

OK, Walker can go back home and Raphael and Michelle can quit leaving messages on my answering machine.

voter.jpg

[stromborg]

Questions about his residency aren't new, IIRC it was brought up and ignored in the primaries.

[bamamick]

Tommy Tuberville was not a resident of Alabama when he decided to run for the Senate. Didn't seem to bother anyone here. Hell, even the Crimson Tide fans voted for the sapsucker, in huge numbers.

Mickey Lake

[skuthorp]

Rules? Laws? who cares about that stuff when money and power is involved…….

[Canoeyawl]

He's a rube, being played the fool
by people with more money and interest in power than he could ever imagine
Werewolves and Vampires mostly

[Tom Wilkinson]

Tommy Tuberville was not a resident of Alabama when he decided to run for the Senate. Didn't seem to bother anyone here. Hell, even the Crimson Tide fans voted for the sapsucker, in huge numbers.

Mickey Lake

I had no idea, since I’m not a resident of Alabama. I am a resident of Georgia and the buffoon should have no right to be running based on his residency alone, never mind his lack of qualifications.

[ron ll]

[QUOTE=Jimmy W;6763662]OK, Walker can go back home and Raphael and Michelle can quit leaving messages on my answering machine.

QUOTE]

Wait. You voted in Georgia but you live in the Mississippi Delta?

[Jimmy W]

[QUOTE=ron ll;6763741]

OK, Walker can go back home and Raphael and Michelle can quit leaving messages on my answering machine.

QUOTE]

Wait. You voted in Georgia but you live in the Mississippi Delta?

I sometimes stay in Mississippi, but own property in Georgia, my driver's license is from Georgia as are my car tags, voter's registration and homestead exemption. I was born in Mississippi, but have lived most of my life in Georgia.

Actually, the people of the Mississippi Delta vote more like I do than the people in this area of Georgia. The Mississippi Delta elected Bennie Thompson not MTG.

[Tom Wilkinson]

[QUOTE=Jimmy W;6763758]

I sometimes stay in Mississippi, but own property in Georgia, my driver's license is from Georgia as are my car tags, voter's registration and homestead exemption. I was born in Mississippi, but have lived most of my life in Georgia.

Actually, the people of the Mississippi Delta vote more like I do than the people in this area of Georgia. The Mississippi Delta elected Bennie Thompson not MTG.

Just like me with NH.
Herschel did register to vote in Georgia just prior to entering the race, but the Texas tax deal needs to be resolved. The house he supposedly has in Atlanta is storied to actually be a rental property belonging to his wife.