“When it gets down to actually determining where someone resides, it really becomes almost a matter of just pure intent,” said Roger Bogelt, a Texas election and campaign finance attorney.
HAYS COUNTY, Texas (KXAN) – When voting for a candidate, you might want them to be knowledgeable, passionate and experienced. But what about living in the district where the candidate is running to serve?
There are certain residency requirements for offices, but if it turns out a candidate does not live where they’re hoping to represent, experts said that can be hard to prove.
“When it gets down to actually determining where someone resides, it really becomes almost a matter of just pure intent,” said Roger Bogelt, a Texas election and campaign finance attorney.
On Wednesday, a complaint was made about whether a candidate for Hays County Sheriff actually lives in Hays County.
The Caldwell-Hays Examiner said they uncovered documents that show Democrat Hays County Sheriff candidate Daniel Law has an active homestead exemption with his wife in Caldwell County, which, the publication said, might suggest he lives there full time.
Law, who served as the Caldwell County Sheriff for around 20 years, said the allegations against him “are false” and that he legally changed his address to his rental dwelling in Hays County over a year ago. Law said his driver's license shows his new Hays County address.
Law's wife continues to live in the Caldwell County house, but he said he spends the majority of his time in Hays County.
“They’re being absurd,” he told KXAN.
This is not the only instance of someone alleging a Texas politician does not live in the jurisdiction they are running to serve.
In North Texas, at least two political candidates have gone to court due to allegations that they do not live where they say they do, according to reporting in the Texas Standard.
Bogelt said the court in these cases tends to generally side with candidates.
"It's up to the candidate to claim where their primary residency is. And if they claim it, a court will almost always uphold it,” Bogelt said.
“The Court of popular opinion is a little less forgiving. In that, generally speaking, people like to vote for someone who they think actually does have a connection to their community,” he continued. “Even if someone can manage to stay on the ballot, it might not serve them well to have this pointed out.”
