Jindal Spoke To Soon
Mar 14th, 2007 by jindalisbad
Is it just me or has Jindal already ruled out Breaux running for Governor? Not only did he say Breaux Can’t Run he went one step further and foolishly remarked that he is willing to go up against any candidate that comes into the race even Sen. Hilary Clinton if she denounces her New York Citizenship and moves to Louisiana. I would have hoped a man of “integrity” and “honesty” wouldn’t stoop this low.
Sounds to me like ole Jindal is getting a bit scared. Needless to say I found these facts to be somewhat interesting:
Breaux said there’s no question that he meets the state Constitution’s requirement of being a “citizen” of Louisiana for the past five years, even though he changed his voter registration to Maryland in 2005.
“I don’t just own two lots in Crowley. It is my family home. When my mama died, I inherited half of it. My dad lives there. We pay taxes on it. My wife, Lois, owns property in Louisiana,” Breaux said. “I never revoked my citizenship in Louisiana.”
Lawyers have looked at the constitutional requirement and determined he meets the citizenship requirement, Breaux said. Source
(No Ratings Yet)
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If that is true, and if it stands up in court, and if Breaux runs for Governor, it will be Jindal that will be running home to “Mama”. Jindal cannot beat Breaux. Breaux challenging Jindal will kill one of Jindal’s “selling points” that he was appointed to the bipartisan committee on Medicaid by Breaux. It will show that while Breaux felt that Jindal was good enough for a committee assignment, he would not feel that Jindal would be good enough to be our next Governor. (And Senator Breaux, if you do run, feel free to use that line against Jindal anytime you want).
Art. 46. Absence from state; forfeiture of domicile.
Domicile once acquired shall not be forfeited by absence on business of the State or of the United States, but a voluntary absence of two years from the State, or the acquisition of residence in any other State of this Union, or elsewhere, shall forfeit a domicile within this State.
Louisiana Constitution of 1974
§2. Qualifications
Section 2. To be eligible for any statewide elective office, a person, by the date of his qualification as a candidate, shall have attained the age of twenty-five years, be an elector, and have been a citizen of the United States and of this state for at least the preceding five years. In addition, the attorney general shall have been admitted to the practice of law in the state for at least the five years preceding his election. During his tenure in office, a statewide elected official shall hold no other public office except by virtue of his elected office
this applies
Breaux will walk into a hornets nest if he joins in the race. It will be another blacke eye for the state to let this Maryland resdient run. Jindal thinks this is a popularity contest.
That’s why he’s worried. He has very few if any accomplishments. Yes, he has had lots of jobs but what has it done for the people he has provided the service for? He’s knows the truth. His cult following is blind but some are beginning to open their eyes. Seven months to go it could get interesting. There’s alot os issues on the table. Breaux could be setting a smoke screen for his party. The issue for him to run should just be idle conversation right now. He shouldn’t be anything more than a sidebar. He had a shot at helping the state, things were no better when he left as when he came in. Samething as Wonder Boy. Sometimes you have to think outside the box to get out of the containment. Our containment limits us to the bottom of the heap in every life category. Don’t forget “Tony G” this October.
One question, if you forfiet your domicile or residency how can you be a citizen of the State? You don’t stand up and say revoke it. The actions are outlined above.
Well when you become a Senator and move to Washington does that remove your resident status?
Tony: I think you are underestimating the impact that John Breaux would have on the Governor’s race. The headline would probably be something like “Former Louisiana Senator gives up millions of dollars in pay to save state post Katrina”. It would be very hard for any other candidate to assert that he is in the election for all the wrong reasons. See, if Breaux was greedy he would just keep his current job and not worry about his “home state”. Breaux also has the trump card over Jindal in that he is the one who selected Jindal to the commission on Medicaid. If a man is willing to pick you for one position but run against you for a second, he must not believe you are good enough for the second.
Breaux, for what it is worth, seems to believe that he will have all of his constitutional ducks lined up in a row when it comes to him running for governor if he wishes to do so. This is purely an academic matter at this time. If Breaux decides to run, I am sure that someone will challenge the legitimacy of his campaign in a court of law. A judge will make a ruling on the issue and I really cannot see an elected judge ruling against a former Louisiana Senator who would have powerful campaign backers and who has not pulled up his roots from Louisiana. He owns a residence here in Louisiana and will probably claim that his job requires him to be in Maryland for the majority of the time but he never once claimed to be a Marylander.
Note the difference in wording in the two sections you quote. Claiming a domicile does not place any time restrictions on when such a claim would have to be done. Breaux could “move back home” and immediately claim that this is his now domicile. He could do that the day before the election if he so desired.
On the other section, Breaux is definitely 25, he is a citizen of the United States and claims to be a citizen of Louisiana and he has to be elector. Again, look at the wording. He has to be a citizen of the state for 5 years but he does not have to be an elector for 5 years. I am not a lawyer but it seems to me that all he would have to do is claim that he is a citizen (something he may very well be able to do with the personal property he owns) and register to vote in the state.
My prediction is that if Breaux wants in, he will be in. And yes, it will be a hornet’s nest and his entering the race will stir up that hornets nest. And the most likely person to get stung will be Bobby Jindal who will lose his “top billing” in the polls and will have to play catch up to the established and very popular Breaux. Breaux will probably be seen as someone who is coming back to fix “his state” and will have a groundswell of support. I can tell you right now that if Breaux enters the race, I will be placing a Breaux bumper sticker on my car and I will donate to his campaign. I have not made any such statements about any other candidate in this race so far. Not only is Breaux the most likely candidate to beat Jindal, but I feel he is the most likely candidate to actually get the job done when it comes to fixing the problems that exist in La before and after Katrina.
(note: These are my own personal feelings and do not reflect the stances of this website or its owner)
^fabulous post^
Doing some research I have found some information that may be helpful.
http://www.legis.state.la.us/lss/lss.asp?doc=110618
“Art. 41. Change of domicile; residence and intent.
A change of domicile from one parish to another is produced by the act of residing in another parish, combined with the intention of making one’s principal establishment there.”
http://www.legis.state.la.us/lss/lss.asp?doc=110619
“Art. 42. Proof of intent by written declaration.
This intention is proved by an express declaration of it before the recorders of the parishes, from which and to which he shall intend to remove.
This declaration is made in writing, is signed by the party making it, and registered by the recorder.”
It seems like all Breaux would need to do to establish a domicile is to register that domicile with the appropriate authority.
http://www.legis.state.la.us/lss/lss.asp?doc=110624
“Art. 45. Persons holding office for life and other public officers, domicile.
An acceptance of an office conferred for life or during good behavior, implies an immediate transfer of the domicile of the officer to the parish in which he is required to exercise his functions.
But public officers, who perform duties throughout the State or in a district composed of several parishes, preserve the domicile they had before their appointment, unless they manifest a contrary intention.”
Not sure if this one applies, but it seems to state that if you are an office holder that implies an immediate transfer… which may not apply to the governors race but DOES seem to back up my position that a domicile is something that can change immediately and requires no time restraints on how long you have lived at the place to make it your domicile.
Thank you!
Bottom line, if he is allowed to run this will magnify the ineptness of our laws “The Civil Code” and will solidify the views of most of the country concerning Louisiana. I have always believed Breaux to be a good person. Not too effective in his job as a US Senator but there again I did not live in his District. I could point out all of the inequaties he left office with. That’s not the issue here.
The GOP is gearing up to sling the mud at Breaux. They know the truth about their front runner.
The perception of Breaux giving up a high paying job to help Louisiana, to me it only leaves one. The Democratic Party is making up the difference. As far as the Constitution of 1974 I have found references to citizenship for attaining scholarships and residency status for under graduate school. Nothing on citizenship pretaining to candidates. If Breaux loves Louisiana he’ll stay in Maryland. His entrance in the race will make Louisiana look STUPID!
Tony: I do not think it is just a Louisiana thing. Hillary was able to just move to New York and run for the Senate seat. Jindal was able to move from Baton Rouge to Kenner to run for his LA01 seat. Of the three (Clinton, Jindal and Breaux), Breaux has been the LONGEST resident of the “voting area” he would be trying to get elected in.
I guess this whole argument comes down to this… is the integrity of the system preserved when you enforce stringent rules on who can run? Or is the integrity of the system preserved when you allow people to elect who they want into office? Most likely the answer is a little of both. You cannot have Joe Smith from California move here and become our Governor. But you also should give people the benefit of the doubt when it comes to where their “heart” is. You know what they say… home is where the heart is. If John Breaux wants to run for Governor then how can you not say that his heart is in Louisiana?
And I have news for you, Louisiana already looks stupid in the eyes of the nation. From voting to pay for fountains instead of levee repairs, to re-electing certain politicians that have been viewed as failures, to mismanaging money, to the crime that is soaring…. Louisiana already has a black eye. Nothing Breaux can do can hurt it more… However I think he is well suited to repair the damage.
And look Tony, I have nothing but respect for you and your attempts to run for office and make a difference. I think people should be giving you much more respect than what you are getting. And it is unfortunate that you will get little or no press covereage unless you manage to deliver a baby in your bathroom or do something else that is “noteworthy” (as subjective as notability is). If I where you, instead of worrying about whether Breaux is going to be in the race, I would focus on presenting your issues on what you will do if you get elected governor.
Point taken Dan Z, thank you.
Not to beat this thing to death what do you think about this one Dan Z?
TITLE II–OF DOMICILE AND THE MANNER OF
CHANGING THE SAME
Art. 38. Domicile, general definition.
The domicile of each citizen is in the parish wherein he has his principal establishment.
The principal establishment is that in which he makes his habitual residence; if he resides alternately in several places, and nearly as much in one as in another, and has not declared his intention in the manner hereafter prescribed, any one of the said places where he resides may be considered as his principal establishment, at the option of the persons whose interests are thereby affected.
Tony: I believe the key words are “and has not declared his intention in the manner hereafter prescribed”. If Breaux declares his intention in the manner that is prescribed and that intention is to be domiciled in Louisiana then he is domiciled in Louisiana. Of course, I am not a lawyer so take that with however many grains of salt you deem appropriate.
Tony, forgive me if I see your opinion as one sided when it comes to whether someone else gets into the race. You are running for the position that you don’t want Breaux to get in on after all. Focus on presenting your issues like Dan Z said.