AUSTIN - Determining residency for purposes of the Election Code involves consideration of both a person’s physical presence and current intention to reside in a particular location, according to Attorney General Ken Paxton.
Back in January, Goliad County Auditor Rusty Friedrichs filed an opinion request with the AG’s Office, asking whether residence for the purpose of running for county attorney based on intent or actual residency.
On July 14, Paxton issued an opinion on the matter, which states Article XVI, section 14 of the Texas Constitution requires all district or county officers to reside “within their districts or counties.”
“In sum, determining the question of residency of any candidate for office, including that of county attorney, involves consideration of both intent and physical presence, which are factual circumstances,” the opinion states. “It is not within the authority of this office to determine those factual questions.”