John Cullar, the Democrat nominated yesterday to challenge Sen. Brian Birdwell in the November elections, went to court this morning to question whether Birdwell meets the residency requirements to serve in the state Senate.
In his lawsuit, Cullar says Birdwell hasn't resided in Texas for the required five years. Cullar filed that complaint directly with the Court of Appeals in Fort Worth. And in a press release, he made this comment:
“I’m going to run a comprehensive campaign, and part of that is analyzing if my opponent is eligible to represent the people of SD 22. I look forward to seeing that question resolved by the court. In the meantime, I’ll be out talking with the voters of the district I’ve been proud to call home for 26 years.”
No comment yet from the Birdwell camp. The case hinges, apparently, on Birdwell's Virginia voting records, which show him voting in the November 2006 election there. Texas law requires senators to live in this state for the five years before they serve. If voting in Virginia constitutes residency there in the eyes of the courts, then Birdwell would be ineligible.
August 20 is the last day the parties can replace candidates on the November ballot; that's why the Democrats fast-tracked their lawsuit by going straight to the appellate court.
