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Bill would make lying about residency in elections a crime

HCC trustee takes credit for inspiring 'Dave Wilson bill'

By , Houston ChronicleUpdated
Dave Wilson chats in the hallway of the Harris County Civil Courthouse last year after a judge declined to prohibit Wilson from taking his seat at the first meeting of the board of the Houston Community College.
Dave Wilson chats in the hallway of the Harris County Civil Courthouse last year after a judge declined to prohibit Wilson from taking his seat at the first meeting of the board of the Houston Community College.Johnny Hanson/Staff

Houston Community College Trustee Dave Wilson has made his way to Austin -- in spirit, at least.

A bill filed by state Rep. Harold Dutton of Houston would make it a felony to misrepresent one's residence when running for office -- something Wilson has been accused of doing. He has been cleared by both a jury and a judge.

Dutton filed the original complaint in the case, in November 2013, alleging that Wilson never lived in HCC District II, which he now represents. The Harris County Attorney's office eventually filed a lawsuit against Wilson, which it lost but is appealing.

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Last year, a jury found that Wilson did in fact live in an apartment in a warehouse on W. 34th Street that he claimed as his residence when running for the HCC seat in November. A judge relunctantly agreed with the jury and refused the county's request to throw out the ruling.

The county attorney contends that Wilson lives with his wife outside the city limits and outside the boundaries of the district. County attorney officials argue Wilson claims residency wherever he wants to run for office.

Dutton's bill would make lying about  residency to run for office a third degree felony -- on the level of assault, theft or evading arrest -- which is punishable by two to 10 years in prison and a fine of up to $10,000.

Dutton said the bill is "totally unrelated to Dave Wilson." The Houston democrat said constituents have reached out to him, worrying about elected officials and those who want to be lying about where they live. He wanted to add some teeth to make sure that doesn't happen.

"It didn't appear to me there was enough of a deterrent to keep someone from making a false residency claim," he said.

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Still, Wilson, who maintains that he lives in District II, takes credit for inspiring the bill, calling it "the Dave Wilson bill."

"I'm honored that I'm so important that I have the state Legislature spending their time writing a bill about it," Wilson said.

Should the bill get a hearing, Wilson says he'll show up to speak in favor of it: "I think people should live in the district they run for."

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