Home » Analysis » The Election’s Not Over Until the Litigation is Done

The Election’s Not Over Until the Litigation is Done

I saw that Rick Hasen’s Election Law Blog had a story from the McAllen, Texas Monitor about a successful election contest in Weslaco. It’s a good story in part because it illustrates the role of the judge as finder of fact (under Texas law, election contests are non-jury trials), and of the importance of circumstantial evidence of a voter’s residential intent, or lack of same.

Notice that while a large number of people claiming residence in one spot may look suspicious, neither that fact nor any other specific circumstance is legally conclusive of domiciliary intent. If 26 people all claim the same house as home, and all of them regard the house as their permanent residence (even while absent from the home), they may all validly call that place home.

 

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