The San Diego Union-Tribune has this lengthy and interesting story about Rocky De La Fuente and his campaigns for political office.
There is one factual error in the story. It says the Mark Seidenberg, vice-chair of the American Independent Party lives in Vacaville, Solano County. Actually it is the state chair of the AIP, Markham Robinson, who lives in Vacaville. Mark Seidenberg lives in Orange County, in southern California.
What’s the story on his son? Is he wanting to emulate dad as a perennial candidate? Trying to offset dad as perennial candidate by running as a Dem?
@SG,
His sons.
Rocky III is running for president as a Democrat and has qualified in 6 states.
Ricardo is running for Congress in Texas and California.
Jim, Ricardo’s not in my part of Texas, so I missed that.
And, wait. While the Constitution doesn’t have intra-state residency requirements, how is he pulling THAT off?
@SG,
It is indeterminate where a candidate will reside on election day. Even the candidate can not know.
In Texas, nomination vacancies may only be replaced under certain circumstances: death, incapacitating injury or illness; determination of ineligibility.
Traditionally, if a legislative candidate wants to withdraw and permit replacement, he moves out of the district. Texas has a durational residence requirement in the district that he seeks election from (one year on election day). If the nominee moves out of the district for even one day, they can’t comply with durational requirement. The party declares them ineligible and they are replaced.
They can rent an apartment in Austin, update their voter registration and driver’s license, and still visit their wife and children an awful lot back in Waco or wherever. After all they may own a business there.
Tom Delay tried to do this. He moved to Virginia, and not only updated his voter registration and driver’s license, but bought an instate fishing license. The RPT declared him ineligible, and tried to replace him. The TDP sued, and prevented his replacement, because Delay could not prove he would not be living in Texas on election day.
Since he had resigned, a special election was called for the remainder of his term – to which the would-be replacement was elected. But she could not be on the ballot for the full term, and had to run as a write-in and lost.
There was no way the TDP could not permit De La Fuente to file.
Ricardo de la Fuente filed in Texas with an apartment in Victoria. If he wins the nomination, he might move there. His campaign website is quite generic. You can’t determine where he is running.
If I were running against him, I would tip the local TV station. They could send a film crew. Knock on the door loudly. Mister De La Fuente? Ask the neighbors if they’ve ever seen anyone there. Even better if someone answers the door. How do you know Mr. De La Fuente? Check whether he is registered to vote.
Get a law professor to explain that it is not a legal requirement to live in Texas until election, but reinforce that it is up to voters to decide if some dude from California is elected.
If you do get him on camera, ask him how Harvey effected him? Were you born in Texas? Were your ancestors at the Alamo or San Jacincto? Did you get here as fast as you could? When did you get here?
Perhaps some HACK can rent the Kansas Wizard of Oz balloon to quickly move around in a cloudbank — to deceive everybody about his/her residence ???
Jim, right on Texas law. But! Delay didn’t try to run for Congress from two different states at the same time. This is a different issue than not living in one’s district within in that state. I’d argue that, as representatives are from individual states, Rocky Jr. is engaged in unconstitutional action.
Parts of the almost DEAD USA Const
1-2-2
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
—
1-3-3
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
—
14-1 part
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
—
inhabitant/reside machinations – on ELECTION days.
Jump in ICBM rocket – minutes to be in any State ???
See recent Santa Claus movements – ALL States all night – 24-25 Dec 2019
@SG,
The Delay case established that it can not predetermined where a candidate will be resident on election day. How is the TDP going to determine where he actually resides, let alone where he will reside. His application is a public record, and the TDP is a state actor in administering its primary. Because of its involvement in the Delay case, the party might be inclined not to scrutinize the application too closely. The party is only required to go to the four squares of the application. Someone could sue the TDP (with Ricardo DLF as real party in interest). The outcome is uncertain unless there were something totally fraudulent about the Victoria address.
According to California filings, Ricardo De La Fuente was NPP until 2016. He may have little interest in politics.
Also the machination of ***when elected*** in 1-2-2 or 1-3-3 above —
When 1 or more executive/judicial State hacks declare election results ???
When 1-5-1 Congress hacks declare who got elected ??? [due to olde DARK AGE Brit Parl. stuff]
— ie days/weeks/months after the Election DAY ???
Time enough for the hack involved to move to the State involved ???
One more SCOTUS case ???
Jim, you’re misreading me AND ignoring Demo Rep, who actually got the constitutional citation.
I’m NOT, NOT, NOT saying that Rocky Jr. has to live in his district, nor arguing anything else about TX law, but that he DOES, DOES, DOES have to live in his state. One can’t be (AFAIK) a legal resident of two states at once. Ergo, it’s unconstitutional, what he’s doing.
What’s so hard to understand about that? If Demo Rep got what I was getting at, anybody should.
Candidates – declare candidacy and reside in State X1 days BEFORE Election Days.
Electors – reside in State X2 days BEFORE Election Days.
One more UNIFORM USA Const Amdt — to END various time/place machinations.
@SG,
When the Constitution was written there were not printed ballots. In a sense, candidates did not run for office. Is there anything more unseemly than some egoist asking you to vote for him? If a candidate were elected, he might say that there were others as worthy, but that he would do his best in serving the interests of his district.
There was no requirement that candidates file 11 months before the election in order to appear on the ballot, since there were no ballots.
Texas can (and does) prevent a person from filing for multiple offices. It does exclude persons who are ineligible. AFAIK, Ricardo De La Fuente will be 25 by next November. He graduated from college in 2012, so is likely around 30. I assume he is a US citizen for at least 7 years. Is he a resident of Texas? I don’t know. The Victoria Advocate says he is a Victoria businessman. But it doesn’t matter. What matters where he lives on November 3 (assuming he is elected).
California is certainly no nevermind for Texans, unless they are visiting Cabo.
@SG,
It was the House of Representatives that established the precedent of residency on election day.
You may want to investigate the case of Phillip Barton Key who was elected as Representative from Maryland on October 6, 1806. The challenge was some time later, late 1807 into 1808.
See ‘Annals of Congress’, 10th Congress, 1st Session, pages 1489-95, 1679-80, 1845-1846, 1848-49.
T. J. Cox the current purported member (sic.) of the House of Representatives on Election Day 2018 was an inhabitant of the State of Maryland. As a Marylander he
was not an inhabitant of the State of California. T. J. Cox was seated in January, 2019, because the member of the House of Representatives which I made arrangement to challenge him being seated backed out on raising the
status on the floor at the last minute.
The American Independent Party has endorsed: “2” Roque “Rocky” De La Fuente, for the office of Congress 21st District of California. It should be noted here that De La Fuente gave the required notice under CA elections code 13118 to the SOS.
Therefore I have suggested the use of <> around Rocky to make the name clearer.
Section
@MS,
The random drawing is the same order as normal alphabetical order.
4-13-12
14-6 8-1 9-22-6-10-26-6
21-1-8-1-14-1-13
Which Assembly districts intersect the congressional district?
Jim Riley,
Thank you for telling me about Philip Barton Keys. That is useful info.
The SOS failed to follow CA Elections Code Sections 13112 and 13118 on December 12, 2019 for the March 3,
2019 election.
There are four Assembly Districts in the 21st CD of CA. The District covers four Counties, Fresno, Kern, Kings, & Tulare. The lowest number is the 26th District in Tulare with very few electors. Next in number is the AD in Fresno County. Then comes all of Kings County with part of Kern County in the same Assembly District. The last AD is only in Kern County.
Philip Barton Key was the uncle of Francis Scott Key. Francis Scott Key’s son was Philip Barton Key II who was shot by the husband of his mistress, Dan Sickles, who you may recognize from the Battle of Gettysburg. Francis Scott Key’s sister married Demo Rep’s fave chief justice, Roger Taney.
An interesting part of the story of Philip Barton Key story was that his country estate in the District of Columbia, but two miles outside Georgetown. It is not totally clear whether he ever took up full time residence in Maryland, or just had a summer residence to escape the fevers of D.C.
James Monroe was US Ambassador to the UK, and it had been suggested that he look into Key’s pension, but which he declined to do.
Cox will be first in AD 26, and then will rotate to the bottom of the list.
The two RDLF’s will be 23, then 12, the 14, and 34.
Jim Riley
Cox is the big loser in the race under the 3.31 % rule the are very few electors in the 26th AD within the 21st CD in
Tulare County. Being first in this case hurt T. J. Cox because of rotation.
The main issue with T. J. Cox on Election Day 2018 he was a Marylander and not an inhabitant of California.
C J Taney —
One of THE worst HACK MORONS ever on SCOTUS —
directly responsible for Civil WAR I [and some 750,000 DEAD, paper money, hyper-inflation, national debt, etc.) via the now infamous 1857 Dred Scott JUNK op.
14-1 Citizen sentence one added result of Dred Scott op.