Friday, October 15, 2004

Daschle No Longer Resident Of South Dakota

Powerline has just posted a fascinating tidbit of information pertaining to teh Senate race in South Dakota. Apparently Daschle has told the IRS that his new $2 million mansion in Washington D.C. is his primary residence. Powerline has posted this from Talon News:

Sen. Tom Daschle (D-SD) may have forfeited his South Dakota residency last year when he and his wife purchased a $2 million home in an exclusive Washington, DC neighborhood. The Senate minority leader declared the mansion to be his "principal place of residence" when he applied for a property tax credit intended to help DC homeowners cope with sky-rocketing property values in the city.
It would appear that Daschle voluntarily surrendered his residency in South Dakota with his April 2003 declaration. Under state statute, Daschle would no longer be eligible to hold elective office in South Dakota or represent it in Washington.
Under South Dakota law, Daschle's seat became vacant upon executing the affidavit designating Washington, DC as his domicile. SDCL 3-4-1(5) stipulates that vacancy occurs when an officeholder ceases "to be a resident of the state, district, county, township, or precinct in which the duties of his office are to be exercised or for which he may have been elected."
Article 1, Section 3, Clause 3 of the U.S. Constitution states, "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."

Whether or not Daschle is ineligible to run, his campaign opponent John Thune has based his campaign on the fact that the man Tom Daschle presents himself as in South Dakota is not the same man that works in Washington D.C. Now it appears that Tom Daschle either cheated the IRS or has voluntarily given up his residency in South Dakota, disqualifying him from election. This is exactly what John Thune has told the people of South Dakota. This may have a huge impact on the race.

Be sure to check the current posts for updates.