By Mary McLachlin, Palm Beach Post
Tuesday, November 14, 2000
WEST PALM BEACH -- A federal lawsuit filed here Monday says Smirkendick
can't legally claim Texas' 32 electoral votes because both are inhabitants
of the state --
a violation of the 12th Amendment to the U.S. Constitution.
The amendment prohibits a state's electors from voting for both a president
and vice president
from their state. Cheney has lived and worked in Texas for eight years
but switched his voter
registration to Wyoming in July to try to avoid the constitutional conflict.
That's not good enough, says the suit filed by Lawrence A. Caplan, 42,
a Boca Raton lawyer.
Merely moving one's voter registration doesn't meet the legal definition
of being an "inhabitant,"
Caplan argues.
The suit says Cheney's primary residence is in Texas, his pre-nomination
employment with
Dallas-based Halliburton Corp. was in Texas, he voted in Texas in every
election cycle for
eight years until last week's election, he carries a Texas driver's license
and all his federal
tax returns list him as a Texan.
A spokesman for the Bush campaign in Austin said Cheney still owns property in Wyoming.
"Dick Cheney grew up in Wyoming, he represented Wyoming in the U.S.
House of Representatives and he was a legally registered voter in Wyoming
in
this election," GOP spokesman Ray Sullivan said.
Caplan's suit says Black's Law Dictionary defines inhabitant as "one who
resides actually and permanently in a given place and has his domicile
there."
It cites case law saying "residence" is not the same as inhabitant, which
implies "a more fixed and permanent abode . . . imparting privileges and
duties to which a mere resident would not be subject."
"He hasn't met the test. Not even close," Caplan said. "It was just
a cynical
attempt on their part to get around the Constitution, and they never thought
in
a million years anyone would have called them on it."
Caplan said he decided to file the challenge because he felt the Bush
campaign's attempts to stop the recount were wrong. He said he isn't aligned
with either party or any protest group.
"My voter registration card says Democrat, but I voted for Ronald Reagan
and
I listen to Rush Limbaugh," he said. "I don't always agree with him, but
I enjoy
the show."