Texas Electors

Supreme Court May Hear 12th Amendment Lawsuit
Texas Electors

While the world watched the Supreme Court's oral arguments in Bush v. Gore on Monday, the Court took one action no one noticed. It received the lawsuit challenging the 32 Electors from Texas because both Bush and Cheney live there. It was given Docket #00-953, and a response from Bush-Cheney is due on January 10, 2001.

Republican Judge Rejects First Texas Elector Lawsuit
Texas Electors

U.S. District Judge Sidney Fitzwater dismissed the first of two lawsuits challenging Dick Cheney's change of "inhabitance" from Texas to Wyoming to avoid 12th Amendment problems. Fitzwater, a Republican, said the plaintiffs - 3 Dallas residents - could not sue for emergency relief because they had not suffered any specific "harm". He also said Cheney's transparent efforts to create a bogus paper trail of Wyoming residency was sufficient. However, Cheney may have committed perjury in his deposition, swearing on 11/29 that his Dallas home "is currently under contract for sale." Ann Hubener, a real estate agent, testified on 11/27 that the "property is not under contract of sale at this time." Meanwhile, the lawsuit filed on behalf of 1911 plaintiffs recruited Democrats.com awaits trial.

New Texas Lawsuit Challenges Cheney Residency
Texas Electors

Yesterday, a Federal judge in Miami refused to hear the 12th Amendment lawsuit brought by Palm Beach attorney Lawrence Caplan, with an amicus brief by Philadelphia attorney Phil J. Berg with nearly 1,000 plaintiffs recruited by Democrats.com. The suit was rejected because the Florida judge did not want to interfere in Texas politics. Today, Ft. Worth attorney Bill Berenson independently filed a similar lawsuit on behalf of 3 Texas voters in Dallas, which he believes is the appropriate jurisdiction. The suit cites numerous details pointing to Cheney's current status as a Texas resident, including his driver's license, vehicle registrations, and income tax returns.

Democrats.com Adds 1,500 Plaintiffs to 12th Amendment Lawsuit, While Cheney Panics
Texas Electors

In response to an appeal from Democrats.com, 1,500 voters from 50 states signed on as plaintiffs in a 12th Amendment amicus brief filed by Philadelphia attorney Philip J. Berg. The brief supports a lawsuit filed by Palm Beach attorney Lawrence Caplan alleging that Dick Cheney remains a legal "inhabitant" of Texas under the 12th Amendment, so the 32 Texas Electors are prohibited from voting for the Bush-Cheney ticket. In a sign of panic, Cheney put his Texas home up for sale on Thursday, three days after the first lawsuit was filed. A parallel suit is expected to be filed in Texas on Monday. Additional plainiffs are welcome - click below.

Forget Florida - Texas' 32 Electors May Be Unable to Vote for Bush and Cheney
Texas Electors

This past Monday, a lawsuit was filed in the U.S. District Court for the Southern District of Florida, which alleges that, despite Mr. Cheney's Wyoming voter registration card, he is still a legal resident of Texas, where he has lived and worked for the past six years. The immediate reaction of the Cheney camp was that the lawsuit was frivolous and that everyone knows that Cheney has owned property in Jackson Hole since 1993. While these may be some of the facts, the actual law on the subject may, unfortunately for Mr. Cheney, get in the way.

If You Care About the 12th Amendment, Join a Legal Challenge to the Texas Electors
Texas Electors

We believe George W. Bush and Richard Cheney are both inhabitants of Texas. The 12th Amendment to the United States Constitution prohibits electors from voting for two candidates from their own state. Lawrence Caplan, an attorney in Palm Beach, has filed a lawsuit to block the certification of the 32 Texas Electors who intend to vote for Bush and Cheney. We are working with an attorney in Philadelphia, Phil Berg, who is filing a "Friend of the Court" (amicus curiae) brief in support of this lawsuit. If you want to participate in this lawsuit or future legal action challenging the Texas Electors, please fill out the linked form accurately and completely. There is no fee to participate.

Texas' 32 Electoral College Votes for Bush Are Illegal!
Texas Electors

While the nation has been scrutinizing several key cases in the Florida courts, one extraordinary case has gone overlooked. Attorney Lawrence Caplan filed an emergency motion in Federal Court in Palm Beach to stop Texas from certifying the 32 Electors pledged to George W. Bush. According to Caplan, the 12th Amendment to the Constitution prohibits Electors from voting for a President and Vice President from their home state. If the word "inhabitant" means anything - like "sex" or "is" - then Dick Cheney is a resident of Texas, just like George W. Bush. Sign our newest petition - to Reject the Texas Electors and Uphold the 12th Amendment!