State Sen. Brian Birdwell, R-Granbury, could go part of the way toward answering questions about his eligibility by releasing or answering questions about tax returns that the bulk of Virginia workers must file.

The issue of the income taxes was raised Friday in the Quorum Report, an Austin political newsletter.

Birdwell has not indicated whether he plans to address questions about his past tax information or release past filings.

Waco Democrat John Cullar (left) is challenging the eligibility of Granbury Republican Brian Birdwell for the Texas Senate because of residency requirements.

Virginia has three separate income tax forms — for state residents, part-time residents and nonresidents.

The documents, like federal income tax filings, are not publicly available.

Texas requires senators to have lived in the state for at least five years.

Birdwell’s opponents — both Republican and Democratic — have asserted he doesn’t meet that requirement because he voted in Virginia as late as 2006.

Birdwell issued a statement after the Tribune-Herald asked a campaign official if the senator would make public any relevant Virginia income tax filings or state whether he filled out any of the three forms:

“My Democrat opponent has challenged my candidacy, and the matter is now before (Dallas’) 5th Court of Appeals,” he said. “We must respect that process, and we believe that we will prevail.

“My focus and my duty is to continue to serve my constituents as the duly elected senator for the citizens of District 22,” he said.

Birdwell’s challenger, Waco’s John Cullar, said he expects Birdwell will include any income tax form in a filing due at the Dallas court by 5 p.m. today. Cullar said that is assuming the document bolsters the senator’s assertion that he meets the state residency requirement.

Buck Wood, an election lawyer who represents Democrats, said income tax information could be a factor for the court as it weighs Birdwell’s eligibility, “but it’s not conclusive of anything.”

mshapiro@wacotrib.com

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