Texas Senator Denies Voting Twice in 2004 Election
State Sen. Brian Birdwell, R-Granbury, says he didn't vote twice in the 2004 elections and disputes the Texas and Virginia records that say he did. Birdwell's voting records are the subject of this story, and we gave him ample opportunity to talk about them before publishing. Short form: Two days before the story ran, we got his chief of staff Casey Kelley copies of the records in question and asked for an interview in person or on the phone with Birdwell. The night before the story ran, they instead emailed a short statement which we included in full ...
Comments (20)
cakuffner
Birdwell says: "Basically, this news story would have people believe that on Election Day in 2004, I voted in Virginia, then got on a plane and flew to Texas so I could cast a second vote for George W. Bush. I did not."
Well, he could have voted early or absentee in Virginia, so his logic doesn't hold water. The earlier story specified that he voted in person in Tarrant County in 2004, but it doesn't say anything about how he voted in Virginia. If that was cast on the Election Day as well, that would greatly support his contention that the Tarrant vote actually was his brother's.
Having said that, Birdwell did not address the issue of the vote he allegedly cast in Virginia in 2006. That could still render him ineligible to serve, if the matter gets litigated. Perhaps for the November election, someone with standing will file a suit, which nobody in the special election chose to do.
Bob Brown via Texas Tribune on Facebook
I have to say that record keeping at least in Kaufman County is suspect. I have voted in every election and primary since I have lived here and when I check my voter record it says I missed more than one election.
It makes me wonder about the bookkeepping in election returns.
But that still doesn't answer the question of him being eligible due to residency.
Jonathan Gal via Texas Tribune on Facebook
I don't buy it. Texas Republicans are notoriously disrespectful of the US Constitution.
Jonathan Gal via Texas Tribune on Facebook
In the space of a year, 48% of Texas Republicans turned against the US Constitution, when they called for Secession.
It would be simply "par for the course" to see one vote twice in a national election.
Jonathan Gal via Texas Tribune on Facebook
Q. What is the RPT's definition of "Rule Of Law"?
A. We Rule and You Obey The Laws!
Jonathan Gal via Texas Tribune on Facebook
Rick Perry is doing all kinds of shenanigans with the ETF, without even being prosecuted.
Meanwhile, they used the Republican FBI to destroy the local Democrats in Dallas, who got ... what was it? ... 10-12 years in prison?
Things definitely seem out of whack in this state.
Comes from too much one-party domination.
Jonathan Gal via Texas Tribune on Facebook
This state also needs a more stable judiciary branch.
Jon Shepherd via Texas Tribune on Facebook
Yeah, the Republican FBI was used by some unknown person or entity to destroy the local Democrats in Dallas. Geez, get a grip on reality.
Jonathan Gal via Texas Tribune on Facebook
One of the core US Constitutional principles is "Equality of Justice". It is embodied in the US Pledge of Allegiance by the term, "With Liberty and Justice For All."
That phrase is notably absent from the Texas Pledge of Allegiance.
Dan Harmon
Too bad Duval County is not in SD 22, Birdwell would fit right in!
Ed Covington via Texas Tribune on Facebook
just carrying on an old and honored Texas tradition: vote early, vote often!
Scott Kilpatrick via Texas Tribune on Facebook
How would having a photo ID help this situation? "Oh, I remember your face from when you voted in another state." Or having two forms of identification?
Pam Humphrey via Texas Tribune on Facebook
One state's records could be screwed up, I'll admit, but two?
Bob Brown via Texas Tribune on Facebook
Pam i think he is saying he voted in VA and TX screwed up. Which would make hinm inelligible to serve in Texas.
Bob Brown via Texas Tribune on Facebook
Zoe, the best way to keep someone from voting "in your name" is to vote early yourself. Anyone that is commiting voter fraud is not going to be stopped by lack of ID. It will only stop older and poorer people from voting.
Peter Wrench via Texas Tribune on Facebook
Brian Birdwell is one of the most honorable men I have ever met in more than two decades of political involvement. There is absolutely NO WAY that this man voted twice in the same election.
The Tarrant County Elections Department says that he voted in the 2004 presidential election. But that is not proof that he did so.
When somebody votes in person, he signs a Combination Form (also known as a "sign-in sheet"), the election clerk makes a notation next to the voter's name in the poll list, and after the election is over an employee of the Elections Department goes through the poll list and updates the voter history in the computer for every person who the election clerks say voted in that election.
But if the election clerk at the polling place marked Birdwell as having voted when he did not do so, or if the Elections Department employee mistakenly updated Birdwell's voter history instead of somebody else's, in either case that would explain how Birdwell was shown to have voted in that election when he did not do so.
And the fact that Mr. Birdwell's brother, who has a similar name, claims that he DID vote in that election but is shown by the Elections Department NOT to have voted, is even more evidence that human error on the part of some elections official caused this misunderstanding.
Birdwell does not have the ability to prove his innocence because the sign-in sheets appear to have been destroyed already, legally. But in this country, it is not Birdwell who has to prove ANYTHING, it's his accusers. They have proven NOTHING.
Scott Kilpatrick via Texas Tribune on Facebook
So, Peter, what about the issue that the Texas Tribune (Ross Ramsey) raised with respect to his eligibility to run for office?
"Birdwell still hasn't addressed the residency questions raised in the story. He voted in the November 2006 election in Virginia, and if that establishes him as a resident there, it means that he hasn't been in Texas for the legally required five years to become a state senator. [...] And Birdwell didn't dispute any of the reporting in the story; he disagreed with the records in Virginia and Texas, but didn't point out any inaccuracies in the reporting."
It appears that his accusers have indeed proved some amount of misconduct and fraud, and he didn't deny it.
Peter Wrench via Texas Tribune on Facebook
Well, I did not offer an opinion in my previous post about his eligibility, I just meant that his accusers had not proven that he voted twice.
But since you brought it up, as far as the eligibility issue goes, his accusers have not proven that either because a state district judge ruled that Birdwell DOES meet the legal requirements to run for the State Senate, and that judgment still stands. The judge knows better than you or I. I don't know the facts and I don't know the law, especially the case law, on this subject, so I don't offer a personal opinion about whether or not Birdwell is eligible.
However, if Birdwell is NOT eligible, then why hasn't there been a court case to challenge that judge's order? If his accusers could PROVE that Birdwell was not eligible, in court, why haven't they done so? He started running for office almost five months ago! So I take exception with your last statement.
And yes, Birdwell did deny the accusation that he was not eligible, and has done so multiple times. Even if he did not deny it, though, that means nothing. If I accuse you of robbing the corner grocery store and you say nothing, are you guilty of that crime? Of course not.
Scott Kilpatrick via Texas Tribune on Facebook
You're right -- it's not entirely true to say anything has been proven yet. My bad.
But if you're asking why nobody has proven his ineligibility in court, well, it seems that this is just now coming to light. For better or for worse, I can't imagine that avenue will go unexplored for long in the Texas Democratic party. Indeed, check the KXAN report from this evening: http://www.texastribune.org/texas-news-media/media-and-press/kwtx-tv-on-brian-birdwell-eligibility-questions/
Scott Kilpatrick via Texas Tribune on Facebook
Whoops, that should read "KWTX" instead of "KXAN".