State Sen. Brian Birdwell (R-Granbury) filed a response Thursday to what he termed a “politically driven lawsuit filed by the Texas Democratic Party.”
Both Republican and Democratic opponents have questioned Birdwell’s residency and eligibility to hold Texas office since he entered the race earlier this year.
Birdwell has continuously denied such allegations going so far as to seek — and receive — a declaratory judgment on the matter. Senior Judge William Brigham declared Birdwell a Texas resident since 1973 in that case.
Allegations subsequently arose that Birdwell voted twice in the 2004 presidential election, once in Virginia and again in Texas. Another claim states that Birdwell voted in Virginia in 2006 and is therefore not qualified to hold a seat on the Texas Legislature.
The Texas Democratic Party and John Cullar, Birdwell’s opponent in the November election, filed an emergency petition with the 5th Court of Appeals in Dallas last week seeking to have Birdwell declared ineligible to remain on the November ballot.
Birdwell became District 22’s state senator in June when he defeated fellow Republican David Sibley in a special election runoff, which became necessary when Kip Averitt resigned the seat because of health reasons. Because Averitt had filed for re-election and won the March Republican primary, each of the county party chairs in District 22 picked a candidate for the general election in November. To the winner is a full four-year term.
SD-22 Republican chairs were unanimous in their choice of Birdwell as were the Democratic chairs in their choice of Cullar several days later.
“I have great confidence in both our legal team and the judicial process, and feel certain that our response will demonstrate that I am qualified to continue serving as a Texas state senator,” Birdwell said.
In the legal response, lawyers argued that while Birdwell was stationed in Virginia during a portion of his military service, he has continually owned property in Texas since 1988, and purchased his current home in Texas in 2005. The response goes on to reference the declaratory judgment, ruling Birdwell a continuous Texas resident since 1973.
Cullar and TDP filed against an incorrect party, namely Steve Munisteri, chairman of the Republican Party of Texas, attorneys claim in the response.
“Munisteri did not nominate Birdwell to be the replacement candidate for the general election ballot position for SD-22,” the response reads. “[He] is not the chair, or even a member, of the SD-22 executive committee that made the replacement nomination and did not certify the candidate’s name for placement on the general election ballot.
The court, therefore, cannot order Munisteri to declare Birdwell ineligible because he is not the person charged by law to do so, according to the response.
Among other points, the response argues that voting histories and public records relied upon by Cullar and TDP fail to exclusively establish that Birdwell was not a Texas resident during the time in question.
For that reason, their request, that the court order mandamus — that is, order Munisteri to declare Birdwell ineligible to run in November — cannot stand, attorneys for Munisteri argued in their response.
“Disputed questions of fact cannot be resolved in a mandamus proceeding,” attorneys write in the response, citing a finding of law from an earlier case.
Certain records, namely press clippings, relied upon by Cullar and the TDP are not public records and election authority can consider under the election code, the attorneys further argue.
Cullar’s and TDP’s answer to the response was not available at press time.
Local News
Birdwell responds to suit
Lawyers say ‘politically driven lawsuit’ is flawed
- Cleburne
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Front, from left, are Grandview’s Caleb Hollingsworth, Cleburne’s Zach Haler, Joshua’s Jordan Garrett, Alvarado’s A.J. Castillo, Xavier Holbert, Kenny Adams and Marcus McNeil, Cleburne’s Conner Martyniuk and Godley’s Drew Benge. Standing, from left, are Alvarado’s Ronald Thomas, C.J. Johnson and Alex Gentrey, Grandview’s Austin Wylie and Caleb Armstrong. Not pictured is Alvarado’s Marcus Villarreal.
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First team offense, defense features host of area standouts
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
The first-team offense included Alvarado quarterback Kenny West and Burleson quarterback Barrett Cain. -
Cleburne, Grandview, Burleson lead second team offense, defense
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
The second-team offense was led by Cleburne’s Quade Coward and Godley’s Rhett Brawner as the second-team quarterbacks. -
Cleburne pulls away from Burleson, 62-48
The Cleburne Yellow Jackets beat Burleson, 62-48, on Friday night at Yellow Jacket Gym to move to 2-7 in District 7-A play. Burleson fell to 2-7 in league play with the loss.
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Lady Jackets pick up first District 7-4A win
On Friday night at Yellow Jacket Stadium, Cleburne picked up its first win of the District 7-4A season, 66-60, over Burleson, which fell to 3-8.
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Up-and-down Yellow Jackets split Friday’s matches at Little Elm Tourney
Both Cleburne soccer teams had mixed results on Friday in their respective tournaments.
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First team offense, defense features host of area standouts
- Johnson County
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Stage 2 drought plan still in place
Johnson County Special Utility District will keep its Stage 2 drought plan in place despite this week’s rain.
- Tuesday marks property tax payment deadline
- Drought no more
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- Council approves trash truck purchases
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Stage 2 drought plan still in place
- Alvarado
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Standing, from left, are Grandview’s Ryan Breton (offensive most valuable player) and Austin Martinez (Ironman award winner), Alvarado’s Wayne Onderdonck (county MVP) and Brazos Fuller (co-newcomer of the year), Burleson’s Ayinde Alaajiy (co-newcomer of the year), Godley’s Blake Washinton (co-linemen of the year), Alvarado’s Tyler Bates (defensive MVP), Alvarado Head Coach Jeff Dixon (coach of the year) and Grandview’s Davis Scarbrough (co-linemen of the year).
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Indians on top of selections
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
Four of Johnson County’s eight football teams qualified for the postseason in 2011 with Alvarado making it all the way to the Class 3A Division I state championship game at Cowboys Stadium against Tyler Chapel Hill. - Dixon repeats as AJC coach of the year
- First team offense, defense features host of area standouts
- Cleburne, Grandview, Burleson lead second team offense, defense
- Upcoming sports schedule
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Indians on top of selections
- Burleson
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Standing, from left, are Grandview’s Ryan Breton (offensive most valuable player) and Austin Martinez (Ironman award winner), Alvarado’s Wayne Onderdonck (county MVP) and Brazos Fuller (co-newcomer of the year), Burleson’s Ayinde Alaajiy (co-newcomer of the year), Godley’s Blake Washinton (co-linemen of the year), Alvarado’s Tyler Bates (defensive MVP), Alvarado Head Coach Jeff Dixon (coach of the year) and Grandview’s Davis Scarbrough (co-linemen of the year).
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Indians on top of selections
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
Four of Johnson County’s eight football teams qualified for the postseason in 2011 with Alvarado making it all the way to the Class 3A Division I state championship game at Cowboys Stadium against Tyler Chapel Hill. - First team offense, defense features host of area standouts
- Cleburne, Grandview, Burleson lead second team offense, defense
- Cleburne pulls away from Burleson, 62-48
- Lady Jackets pick up first District 7-4A win
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Indians on top of selections
- Godley
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Standing, from left, are Grandview’s Ryan Breton (offensive most valuable player) and Austin Martinez (Ironman award winner), Alvarado’s Wayne Onderdonck (county MVP) and Brazos Fuller (co-newcomer of the year), Burleson’s Ayinde Alaajiy (co-newcomer of the year), Godley’s Blake Washinton (co-linemen of the year), Alvarado’s Tyler Bates (defensive MVP), Alvarado Head Coach Jeff Dixon (coach of the year) and Grandview’s Davis Scarbrough (co-linemen of the year).
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Indians on top of selections
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
Four of Johnson County’s eight football teams qualified for the postseason in 2011 with Alvarado making it all the way to the Class 3A Division I state championship game at Cowboys Stadium against Tyler Chapel Hill. - First team offense, defense features host of area standouts
- Cleburne, Grandview, Burleson lead second team offense, defense
- Upcoming sports schedule
- Lady Cats win, Wildcats fall to Peaster
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Indians on top of selections
- Grandview
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Standing, from left, are Grandview’s Ryan Breton (offensive most valuable player) and Austin Martinez (Ironman award winner), Alvarado’s Wayne Onderdonck (county MVP) and Brazos Fuller (co-newcomer of the year), Burleson’s Ayinde Alaajiy (co-newcomer of the year), Godley’s Blake Washinton (co-linemen of the year), Alvarado’s Tyler Bates (defensive MVP), Alvarado Head Coach Jeff Dixon (coach of the year) and Grandview’s Davis Scarbrough (co-linemen of the year).
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Indians on top of selections
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
Four of Johnson County’s eight football teams qualified for the postseason in 2011 with Alvarado making it all the way to the Class 3A Division I state championship game at Cowboys Stadium against Tyler Chapel Hill. - First team offense, defense features host of area standouts
- Cleburne, Grandview, Burleson lead second team offense, defense
- Upcoming sports schedule
- Tuesday basketball roundup
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Indians on top of selections
- Joshua
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Front, from left, are Grandview’s Caleb Hollingsworth, Cleburne’s Zach Haler, Joshua’s Jordan Garrett, Alvarado’s A.J. Castillo, Xavier Holbert, Kenny Adams and Marcus McNeil, Cleburne’s Conner Martyniuk and Godley’s Drew Benge. Standing, from left, are Alvarado’s Ronald Thomas, C.J. Johnson and Alex Gentrey, Grandview’s Austin Wylie and Caleb Armstrong. Not pictured is Alvarado’s Marcus Villarreal.
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First team offense, defense features host of area standouts
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
The first-team offense included Alvarado quarterback Kenny West and Burleson quarterback Barrett Cain. - Cleburne, Grandview, Burleson lead second team offense, defense
- Upcoming sports schedule
- Tuesday basketball roundup
- Kicking into high gear
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First team offense, defense features host of area standouts
- Keene
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Upcoming sports schedule
A look at the sports schedule for Thursday, Friday and Saturday.
- Tuesday basketball roundup
- Burleson leads AJC superlatives
- Grandview, Burleson, Cleburne lead first team selections
- Centennial places two on second team; Alvarado lands three players
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Upcoming sports schedule
- Rio Vista
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Front, from left, are Grandview’s Caleb Hollingsworth, Cleburne’s Zach Haler, Joshua’s Jordan Garrett, Alvarado’s A.J. Castillo, Xavier Holbert, Kenny Adams and Marcus McNeil, Cleburne’s Conner Martyniuk and Godley’s Drew Benge. Standing, from left, are Alvarado’s Ronald Thomas, C.J. Johnson and Alex Gentrey, Grandview’s Austin Wylie and Caleb Armstrong. Not pictured is Alvarado’s Marcus Villarreal.
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First team offense, defense features host of area standouts
The 2011 Lone Star Chrysler Dodge Jeep Autoplex All-Johnson-County football team has been announced. The team was chosen by the Times-Review sports department based on all-district selections and coaches’ nominations.
The first-team offense included Alvarado quarterback Kenny West and Burleson quarterback Barrett Cain. - Cleburne, Grandview, Burleson lead second team offense, defense
- Upcoming sports schedule
- Tuesday basketball roundup
- Burleson leads AJC superlatives
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First team offense, defense features host of area standouts
- Venus
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Fallen deputy Clifton Taylor’s sister, Megan Davis, takes a picture of a painting of her brother on Monday during a dedication to the deputy. The Johnson County Sheriff’s Office renamed its building to the Clifton Taylor Law Enforcement Center in honor of the deputy who lost his life during a disturbance call in April. The picture was painted by Fort Worth artist Gary Crouch. Three pictures were made and one will hang in the Clifton Taylor Law Enforcement Center. The other two paintings were presented as gifts to Taylor’s parents and his fiancee.
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Never forgotten
The eyes of fallen deputy Clifton Taylor’s family began to swell with tears during a dedication hosted by Johnson County Sheriff Bob Alford and the sheriff’s office.
- Man defends himself against two suspects
- Venus registers minor quake
- USGS registers minor county quake
- Trained rescue dogs look to be adopted and loved
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Never forgotten
