EDITORIAL: It's time to clear the air on concerns dogging Sen. Birdwell's legitimacy

Thursday July 29, 2010
 
 

It was either gangster Al Capone or the late Chicago Mayor Richard J. Daley who, in a quip reflecting rough-and-tumble Chicago politics, urged, “Vote early and vote often,” but we’ve not knowingly met anyone who actually did so. Have we met one in Brian Douglas Birdwell, tapped by voters last month to represent us in the Texas Senate?

The jury is neither in nor out on the matter, but perhaps it should be. The nonprofit, nonpartisan online public media organization Texas Tribune offers evidence that in the 2004 presidential election Birdwell voted twice, in Texas and Virginia. This is especially troubling amid nagging doubts over whether he has actually resided in Texas for five years, a state requirement for the Texas Senate. (A state district judge’s dubious handling of Birdwell’s suit for a declaratory judgment in the residency matter struck us, and several legal scholars, as an unorthodox judicial slam-dunk, to put it kindly.)

Birdwell vigorously denies suggestions he fails to meet residency requirements and voted twice in the 2004 election. Of the latter, he suggests an election staff mix-up in Tarrant County confused the names of his brother, Douglas Todd Birdwell, who reportedly votes there, with himself, back in Virginia, even though he was apparently still on Texas rolls.

Birdwell also lampoons the very notion he would vote in Virginia, then fly off to Texas to vote again.

Voters elected Birdwell in a runoff election last month. We respect those election results. Yet this latest revelation — involving a possible third-degree felony with punishment of two to 10 years in prison and/or a fine of up to $10,000 — gives us great pause. In the interest of truth and integrity, this matter demands a proper and full investigation by Texas Attorney General Greg Abbott’s office or the Tarrant County district attorney.

Do we overreact here? Judging from comments in the Texas Tribune, fervent Birdwell defenders would have us simply brush aside questions about residency and voter fraud and consider the will of the people to the exclusion of law and ethical consideration.

If so, why bother having laws about residency? And why bother with laws to prevent voter fraud? If we are to look the other way when it’s politically convenient for us to do so, what does this say ultimately about our own integrity as citizens?

Voter fraud was a major concern of Texans during the last legislative session. Is it still a concern — or only on selected occasions? Putting aside even the fact it’s a violation of the law, voting twice in an election in a democratic republic is the most cynical crime you can commit.

There may be a good reason why Birdwell is shown as having voted twice in the 2004 presidential election (and not necessarily because he really, really believed in one candidate). Much hinges on scrutiny of voting records in Tarrant County and Virginia. We certainly shouldn’t jump to any conclusions about Birdwell. His rich military service alone begs that much consideration. Nor should we ignore legal and ethical concerns.

We hope these questions can be easily answered and with more transparency from the senator than he has displayed thus far.

Frankly, as much as we believe voting is sacred duty, we’d have serious reservations about anyone who would actually vote in Virginia, then fly down to Texas to vote once more. The wise course in all of this would be for a full investigation. If this isn’t done, these swirling concerns could dog the senator for much of his career and rob him of any legitimacy as a lawmaker.

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