KCEN-TV, KCEN-HD, Waco, Temple, Killeen, Bryan, TexasSen. Birdwell denies "double voting" in 2004 election

Sen. Birdwell denies "double voting" in 2004 election

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The state senator elected to fill the unexpired term of Kip Averitt of Waco says he did not vote twice in the 2004 presidential election. But the Texas Tribune in Austin has a different view on State Senator Brian Birdwell's voting record from Virginia and Texas.

Birdwell says the information in this report is a lie, but the article's author, Ross Ramsey, says the official voting records are hard to deny. 

Birdwell has only been in office since June, but he is already facing a firestorm of questions over his residency.  "Persistent talk in the campaign about Birdwell's residency got us kind of scratching around to have another look at it," says Ramsey.

Ramsey is the managing editor at the Texas Tribune.  He broke the story this week about alleged double-voting by Birdwell in the November 2004 presidential election.  Voting records show that Birdwell apparently voted in both Virginia and Texas.  "If those records are both right," he says, "then he voted twice and that's against the law."

Birdwell says this simply is not true. He released a statement saying, "I have never, ever voted twice in the same election."

The newly-elected senator from Granbury also went on to say, "The reports mention that my full name is Brian Douglas Birdwell, and my brother's name, which appeared right after mine on the voter roll in Tarrant County, is Douglas Todd Birdwell. Because of the similarity of our names, I believe that there was an incorrect coding."

Another question raised by Birdwell's Virginia voting record in 2006 could make him ineligible to hold a Texas senate seat, according to Ramsey.  "If he voted in Virginia as he did in November of 2006, that raises questions over whether or not he meets the five year Texas requirement."

Ramsey says if someone wants to challenge Birdwell, it must happen before August 20th to possibly change the November ballot.  "Someone would have to jump in in the three weeks or so that are left between now and then and challenge this thing to knock Birdwell off the ballots."

The Texas Attorney General's office says they only plan to investigate these allegations made against Sen. Birdwell if they receive a referral from the Secretary of State's office or other interested parties. That has not happened.

Full statement from Sen. Brian Birdwell:

Statement of Sen. Brian Birdwell:

"There are inaccurate news reports published today which contain false information concerning my voting record. Let me be crystal clear. I have never, ever voted twice in the same election, and that charge is particularly offensive to a soldier who holds the voting process as honored and sacred. Basically, this news story would have people believe that on Election Day in 2004, I voted in Virginia, then got on a plane and flew to Texas so I could cast a second vote for George W. Bush. I did not.

The reports mention that my full name is Brian Douglas Birdwell, and my brother's name, which appeared right after mine on the voter roll in Tarrant County, is Douglas Todd Birdwell. Because of the similarity of our names, I believe there was an incorrect coding of which brother actually voted in person in Texas on November 2, 2004. My brother knows that he did vote in the general election in 2004 but the reports indicate that he did not.

The truth is that, despite the implication that today's story presents ‘new' information, this false claim concerning my voting record was presented to the Texas Secretary of State nearly four months ago when my candidacy was initially challenged, then certified. The allegation was false then and it's false now."

Click here to read the Texas Tribune's full story about the voting/residency issues surrounding Birdwell. 

Reported by: Britney Glaser/Photographer: Kristi Sykora

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