Jim Jenkins did not “knowingly” vote in an election for which he was not qualified to vote. Jim Jenkins followed the Texas Supreme Court decision, Mills v Bartlett, in which the definition of residence for the purpose of voter registration is well settled. Jenkins exhausted every possible legal avenue to ensure he followed the law prior to voting in the 2010 Woodlands RUD election.
Contrary to this article in the Conroe Courier, the verdict, described by David Glicker, prosecutor for the Texas Attorney General’s office was NOT “appropriate”. Jim Jenkins changed his residence to The Residence Inn to vote in the RUD and intended to return there in the future. Conveniently disregarded by the Courier reporter, two people living in The Woodlands also changed their residence to vote in the RUD to a commercial property they owned. Both this couple and Jim Jenkins had every right to change their residences, yet the couple was not charged with voting in an election for which they were not qualified to vote.
The 1991 law passed by the Texas Legislature weakened the Texas definition of “residence” but recall our 41st President of the United States, George H.W. Bush. As noted in this CNN Money article from January 1992:
“Bush maintains his legal voting residence and domicile in Texas….Texas domicile law is solely concerned with intent. To confirm the state as the First Couple’s legal domicile, Bush simply signed a declaration stating that he intended eventually to return to Texas permanently.”
“Their only Texas property is an unimproved Houston lot of 33 feet x 160 feet…the few nights a year they sleep in Houston, they rent a three-room suite at the Houstonian, a hotel that is their official Texas residence…”
Even the Montgomery County Election Administrator believed Jim Jenkins was eligible to vote in the RUD election. The Montgomery County District Attorney Brett Ligon did not prosecute Jim Jenkins due the Texas Secretary of State Election Law opinion GSC-1, which includes “the presumption is in favor of the voters own assessment of the facts and his or her intent” and the nexus of including residence as a state of mind.
It is not a “scheme” or “conspiracy” for citizens of these United States to petition their government for redress through legal means at the voting booth and in running for elected office. And meting out a three year prison sentence and a $10,000 fine for following the law is a travesty of justice. The proper remedy to the 1991 law is through the Texas Legislature and not the courtroom.
Kenneth says
Jenkins committed the ultimate sin – to oppose the elite by their own methods. The reason the other two voters were not prosecuted is that they are in favor of the elite. No other hypothesis I have heard explains the facts as they currently stand.
Sally Stricklett says
Citizen journalist! Yvonne, Andrew Breitbart would be so proud. This reminds me of shenanigans in the 60’s … not today. He followed the law. How can one man get 3 years, 3 YEARS and to not even be charge?
Foolme says
This is the case that will change the outcome of the Governor’s race in Texas. We’ll see just how strong that spine of steel is when this one gets out. What state senator was involved in this? Why did the Montgomery County DA say that there was no case, even nothing to bring to a Grand Jury.
All I can say is that Gregg, you had a nice run in political office, but this one is going to be your downfall…..and a hard one at that!
Dr. Earl L. Johnson says
The attack on Jim Jenkins and Adrian Heath sure looks like political pay back. Both of these guys have been demanding that the MoCo GOP stop its brother in law operations for quite a while. In doing so, they have really scared many of those in power an awful lot. Also, anyone living in Montgomery County (MoCo) is aware of tensions between those in the Woodlands and the rest of the county.
The most disappointing thing is the fact that no one seems to really want to dig into the RUD. It seems to be “jury rigged deal” and a ” slick political construct” designed to “stuff ballot box” and keep all of the Woodlands residents from voting on the RUD. A lot more transparency on all levels of government are needed if we are going to save the USA and Montgomery County.
How about following the money trail and seeing in whose pockets it ends. I would like to know why such a Gerrymandered voting district was implemented. From a distance, that just does not seem right. Was there a really big scheme underway here? Was there really enough day light on the RUD ?? Something just does not seem right !!!! I do not believe we have the whole story !!!!
Adrian Heath says
Here is a video that ties in with this commentary – http://youtu.be/4NkISAmIoe0.
Kandy Heath says
PLease pray for Jim Genkins. That his conviction is overturned in the appeals process. Adrian Heath trial is in October pray that he gets a fair trial. That he is able to present his case and not be blocked by the judge and prosecutors who blocked the truth from being told in Jim’s trial. Adrian has always believed in the constitution and following the law. He would not knowling break the law!!!
Bob Stevens says
The conviction of an innocent man, James Jenkins, only shows how corrupt our justice system is. The prosecutor and judge helped to convict this innocent man. I also have concerns that there was jury tampering. We will pray for James Jenkins, Adrian Heath, and all the other innocent people involved in this case of “pay back” by the Woodlands Elite, like Representative Tommy Williams and others.
John Smith says
I absolutely need to get in contact with you or Jim Jenkins, this story goes deeper than you think.