John Faulk: U.S. Representative Candidate (TX-18)

How do voters determine who they want to represent them? I think voters aren’t given enough credit for having the sense to vote based on what a candidate stands for, their passion for the job, and how well they think he or she will represent the common values they share. Sure, we still have party politics but we’ve seen evidence of voters looking beyond party lines as critical issues and the need for effective representation dominate our lives. Recently in Massachusetts, Republicans, Independents and even Democrats came together to elect Republican Scott Brown into the Senate seat left open by the death of longtime Democrat Senator Ted Kennedy, shocking the political world.

We have a similarly significant election brewing in Houston’s 18th Congressional District where voters have a real opportunity to unseat long-time Democrat Representative Sheila Jackson Lee at a time when conservative candidates have amazing momentum in the wake of the disastrous first year of the Obama administration. And as we move closer to the Republican primary, it’s time for voters to decide which of the candidates have the best chance to defeat Ms. Jackson Lee.

Some opponents have said it will take an African-American candidate to beat her. Another opponent has said it will require a female candidate to beat Sheila Jackson Lee. Really? We should vote for someone based on the color of their skin and/or their gender? I maintain that these statements are an insult to the intelligence of voters – and in the latter case an affront to feminism since above all, feminism must treat each woman as an individual. To suggest that a vote for anyone other than the best candidate – regardless of race, age or gender – is not in the best interest of the 18th Congressional District and the dire need for effective representation.

The political landscape of Houston and of the 18th District has changed significantly since Sheila Jackson Lee first ran back in 1994. The district looks different and the demographics are different. Yes, 36.7 percent of the 652,000 constituents are African American (compared with 51 percent sixteen years ago). But to presume that these voters are content to vote for someone just because they are African American doesn’t give them credit. Also, 36% of constituents in the district are now Hispanic. And there are more than 50,000 new residents in the district since the 2000 census. All of these statistics point to one thing – we are a diverse community deserving of real representation from someone with the qualifications, passion and experience to provide it. I am that candidate. Check out my qualifications and the platform from which I firmly stand.

Voters want change in Washington: less government, a stop to insane levels of spending and debt, lower taxes and more individual liberty and freedom. In short, I believe the overwhelming majority of Americans want a return to the principals of the U.S. Constitution and representation that mirrors their values and concerns. I am that candidate, and I believe the voters of the 18th district are smarter than the other candidates are giving them credit for. Just as in Massachusetts, the most qualified candidate can and will obtain victory!

Sincerely,

John Faulk
[email protected]

Comments

Looking at the latest FEC filings, it appears Mr. Faulk has the most cash of the 3 Republican opponents. Something like $30K raised. I don't think the other two have raised more than $3K combined. I think John is the truest constitutionalists as well. One's a lawyer (just what we don't need more of!) and the other is an ex-bullrider. Not sure how that qualifies him for public office but...

Sheila Jackson Lee has a huge warchest so winning the primary, for her, is a no brainer. I hope Faulk can do in Texas what Scott Brown did in Mass!!

I just want Sheila gone!

Steve

All who want to be proud of district 18 again should stand up and campaign, then vote, for John Faulk. He is what America needs: conservative, smart, well spoken, and a successful business man.

Fight for Faulk ! Send SJL packing. Bring pride and dignity back to the 18 district !

Mr. Faulk, I agree that as a resident of this district we are ready for change.  Real representation of the people.  As I consider who I will be voting for in the next few weeks, I start with looking at the candidate at home.  What I found is that harris county property records show you homesteading in District 22.  The fact that you are taking a homestead exemption at that address tells me that it is your primary residence and not a rental property.  I cross checked the address with your filings with the FEC and found the address to be consisentent with the one that you file with the FEC as well.  A quick check of your voter registration shows that you are registered to vote in District 18 and not at your residence.  Voting laws require us to register to vote using the address of our primary residence.  If the District 22 address is not your primary residence, then it would seem to be tax fraud to take the homestead exemption and fraudulent filings with the FEC.  If the District 18 address is not your primary residence, then it seems that it would be consistent with voter fraud punishable by fines and imprisonment.  Either way it doesn't look like you can be trusted at home much less in DC.  You seem like more of the same looking to deceive the constituents of this district.

“Mr. Faulk, I agree that as a resident of this district we are ready for change.”

Darlene, without your full name I will just accept your claim that you are registered to vote in the Texas 18th Congressional District and I hope that I will convince you to vote for me as the Best Candidate to take on Sheila Jackson Lee.

“ As I consider who I will be voting for in the next few weeks, I start with looking at the candidate at home.”

Darlene, thank you for your inquiry. One of my opponents in the GOP Primary (the one who chose to end his education at the 12th grade and not the attorney who completed law school in Florida about 18 months ago) raised these false charges earlier. Both have reason to perhaps be lacking in knowledge of the United States Constitution and Texas Law.

I hope my response will adequately answer your inquiry. However, I will be happy to meet with you and discuss my response.

I have owned property on Sagewillow Lane since 1975. The property has been homesteaded in the past when I resided there and has been on the tax rolls without the homestead exemption when it was being rented out. Sagewillow was homesteaded in 2009. I did in fact own and reside in the property on January 1, 2009. I did not establish another principal residence until my return from my honeymoon in early November 2009.

General Residence Homestead Exemptions: You may only apply for residence homestead exemptions on one property in a tax year. A homestead exemption may include up to 20 acres of land that you actually use in the residential use (occupancy) of your home. To qualify for a homestead exemption, you must own and reside in your home on January 1 of the tax year. If you temporarily move away from your home, you still can qualify for an exemption if you don’t establish another principal residence and you intend to return in a period of less than two (2) years. Homeowners in military service outside the U.S. or in a facility providing services related to health, infirmity, or aging may exceed the two-year period.

My recent marriage will have a material impact on my 2010 homestead classification. The Texas law indicates that I have until April 20, 2010 to claim or rescind the 2010 Homestead Exemption. I am dedicating the majority of my time to running for the Texas 18th Congressional District of the United States House of Representatives and have seen no reason to rescind the Homestead Exemption immediately. To clarify the 2010 record, I will rescind the 2010 Homestead Exemption soon.

Although there is no requirement that the property actually be occupied to make a Homestead Exemption, the right to possession of the property is necessary. I was the only person who had access to the property through January 2010 so I do claim 100% of any and all rights to possession of the Sagewillow property.

“What I found is that harris (sic) county property records show you homesteading in District 22.”

That is a true and factual statement for 2009.

“The fact that you are taking a homestead exemption at that address tells me that it is your primary residence and not a rental property.”

You have taken a very large jump in legal logic that is incorrect.

“I cross checked the address with your filings with the FEC and found the address to be consisentent (sic) with the one that you file with the FEC as well.”

If your reference to the FEC is the Federal Election Commission then you should have been reviewing the following documents:

Year 2009 STATEMENT OF CANDIDACY dated 10/06/2009
Year 2008 STATEMENT OF CANDIDACY dated 02/13/2008
Year 2007 STATEMENT OF CANDIDACY dated 12/05/2007
Please note the dates of the statements! If you are referring to some other documents please correct my assumptions!

“A quick check of your voter registration shows that you are registered to vote in District 18 and not at your residence.”

Darlene, I am a Conservative Constitutionalist. By your comments, I have inferred that you do not believe in the strict construction of the United States Constitution.

May I call your attention to Article I Section 2 paragraph 2 of the Constitution of the United States?

No person shall be a Representative who shall not have attained to the age of twenty five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

I stipulate that:

I have attained the age of twenty five!
I have been a citizen of the United States since 1946 therefore I exceed the seven year citizenship requirement.
I was born at Heights Hospital on 20th Street to parents who were “…subject to the jurisdicton thereof…” (Please see Amendment 14 below for the Constitutional definition of citizen)

Amendment 14 - Citizenship Rights. Ratified 7/9/1868.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

I have not been a resident of another state in excess of seven years.

“Voting laws require us to register to vote using the address of our primary residence.”

Darlene, what “…voting laws…” are you citing? Did you learn these “laws” in a high school law class or a Florida law school?

Under the Tenth Amemdment of the United States Constitution:

" The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. "

Since Article I Section 2 of the United States Constitution has enumerated the requirements to serve as United States Representative, then the states have no jurisdiction on setting residence or any requirements on serving as a member of Congress.

“If the District 22 address is not your primary residence, then it would seem to be tax fraud to take the homestead exemption and fraudulent filings with the FEC.”

Darlene, as I have told Mr. Eric Wayne Christopher, if he knows of any illegal act in the Texas 18th Congressional District either you or Mr. Christopher should file a complaint with the Harris County District Attorney.

If you believe anyone has made “fraudulent filings…” (or not filed timely reports with the Federal Election Commission) then you should file a complaint with the FEC.
http://www.fec.gov/pages/brochures/complain.shtml

I. Filing a Complaint Any person may file a complaint if he or she believes a violation of the Federal Election Campaign Laws or Commission regulations has occurred or is about to occur. The complaint must be made in writing and sent to the Office of General Counsel, Federal Election Commission, 999 E Street, N.W., Washington, D.C. 20463. The original must be submitted along with three copies, if possible. Facsimile or e-mail transmissions are not acceptable. A complaint must comply with certain requirements. It must:
•Provide the full name and address of the person filing the complaint (called the complainant); and
•Be signed, sworn to and notarized. This means that the notary public's certificate must say "...signed and sworn to before me...," or words that connote the complaint was affirmed by the complainant, (such as “under penalty of perjury”). Furthermore, in order for a complaint to be considered complete and proper, it should:
•Clearly recite the facts that show specific violations under the Commission's jurisdiction (citations to the law and regulations are not necessary);
•Clearly identify each person, committee or group that is alleged to have committed a violation (called the respondent);
•Include any documentation supporting the allegations, if available; and
•Differentiate between statements based on the complainant's (the person who files the complaint) personal knowledge and those based on information and belief. Statements not based on personal knowledge should identify the source of the information.

I would suggest you learn the legal meaning of “fraud” before filing a false claim with any government entity.

“If the District 18 address is not your primary residence, then it seems that it would be consistent with voter fraud punishable by fines and imprisonment.”

Now Darlene, where did “voter fraud” jump into the discussion? Again, I suggest you file a complaint with the Harris County District Attorney if you have any proof of fraud.

Darlene, Mr. Christopher has had difficulty in understanding these concepts but I am willing to believe that you may be a faster learner. Law is not like a Chinese restaurant menu. You cannot choose from one law and apply it to another law. There are some legal concepts that can apply as a foundation of legal principles. My residence, my property taxes, and my filings with the Federal Election Commission are not a mix and match experiment!

Darlene, I truly believe that an informed electorate makes a better voter and a better election. I just wish that before throwing out wild allegations that individuals would at least attempt to education themselves. May I suggest that you review Attorney General of Texas Greg Abbott Opinion No. GA-0141 Re: Residency requirements for voting in an election in Texas (RQ-0157-GA) in response to an inquiry by Texas State Senator Rodney Ellis? This document can be found at:

http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2004/htm/ga0141.htm.

“Either way it doesn't look like you can be trusted at home much less in DC.”

Darlene, if you are concerned about “trusting” one of the TX 18 CD candidates, may I suggest that you question the trustworthiness of the candidate who had had their Texas Driver’s License suspended and had a Federal Tax Lien filed against them. This is the same candidate who has often posted numerous photographs on his website that indicate a lack of prudence as a candidate, husband or family man to be “trusted:.

“You seem like more of the same looking to deceive the constituents of this district.”

Darlene, one of the candidates running in the TX 18 CD is very much involved in “deceit”. However, I categorically deny that I am the deceitful candidate. Nor do I think a newly licensed attorney would make these unfounded allegations just to promote their new legal practice.

Darlene here is the response that I sent after Mr. Christopher made these allegations back in November 2009.

Key Volunteers and friends,

I need to share with you some serious concerns that you need to be aware of as a key volunteer of my campaign to defeat Sheila Jackson Lee. Please be prudent on forwarding this information to anyone who may not have heard of the false allegations before hearing it from us.

I wish this could have waited until Mary Lynn and I returned from our honeymoon, but Mr. Eric Christopher (aka TEX) has decided this was the week to play politics. I wish him well.

Mr. Christopher is making ambiguous unsubstantiated charges that I have committed multiple counts of voter fraud. The best I can tell he is easily confused regarding an understanding of legalese. I think he believes that I voted multiple times in past single races thereby committing voter fraud.

Why Eric would think that I would commit voter fraud for one extra vote I do not know! If one were to want to commit voter fraud, it would be so much easier to team up with ACORN and SEIU and go after a couple of thousand illegal votes.

Hold the fort down till I get back to Houston to straighten out the mess. Rest assured that I have not voted more than once in any election. Since I turned 18 years old I have had multiple voter registration cards in Harris County. Please note they were all sequentially issued and only one was used to vote at any one time!

I have included a letter from Texas Attorney General Gregg Abbott to Texas Senator Rodney Ellis that outlines the specific requirements for voter registration in the State of Texas. Mr. Christopher may have been thrown off one too many cows and is thus unable to understand Texas law.

Mr. Christopher is threatening to make public charges that I am not qualified to vote in Harris County unless I withdraw from the race for TX 18 CD. Mr. Christopher does not know me well. If I am prepared to take on Sheila Jackson Lee rest assured that I will not back down from a pip squeak.

Attorney General Abbott has made the following statements in his “What are the legal requirements to vote in an election in Texas?” (The complete Abbott letter is attached for your review):

Request Letter, supra note 1, at 2.
The Texas Constitution provides that every person who is both a citizen of the United States and a resident of Texas shall be deemed a qualified voter, provided, however, that the person is registered to vote and does not fall within any of a specific set of disqualifications. See TEX. CONST. art. VI, 5 2(a). Persons so disqualified are those under 18 years of age; those who have been determined mentally incompetent by a court, subject to such exceptions as the legislature may enact; and those convicted of any felony, again subject to such exceptions as the legislature may enact. See id. art. VI, 9 l(a). Additionally, the legislature is directed to “enact laws to exclude from the right of suffrage persons who have been convicted of bribery, perjury, forgery, or other high crimes.” Id.art. VI, 8 l(b). The legislature expressly is directed to “make such other regulations as may be necessary to detect and punish fraud and preserve the purity of the ballot box,” as well as to “provide by law for the registration of all voters.” Id. art. VI, 6 4. TEX. ELEC. CODE ANN. 8 11 .OOl (Vernon 2003). Section 11.002 defines “qualified voter”:

I am over the age of 18.
I have not been officially determined to be mentally incompetent (although it has been stated that an old grey haired white guy must be crazy to try to defeat Sheila Jackson Lee!)
I have not been convicted (NOR EVEN CHARGED) with a felony!
I have not been convicted (NOR CHARGED) of bribery, perjury, forgery or other high crimes!
I am a qualified voter on all of the days that I have voted! I am a citizen of the United States of American I am willing to provide a full copy of my Birth Certificate to prove I am a Native Texan born at Heights Hospital on June 8, 1946!
I am a resident of the State of Texas and Harris County and can prove it with:

Acceptable identification includes:

• a driver's license (I think one of my opponents may be able to answer this question in the affirmative) other or personal identification card issued to the person by the Department of Public Safety or a similar document issued to the person by an agency of another state, regardless of whether the license or card has expired;
• a form of identification containing the person's photograph that establishes the person's identity;
• a birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity;
• United States citizenship papers issued to the person;
• a United States passport issued to the person;
• official mail addressed to the person by name from a governmental entity;
• a copy of a current utility bill (cell phone bills), bank statement, government check, paycheck, or other government document

I am a registered voter of Harris County! As defined by Section 1 ,015 of the Texas Election Code.

I have been registered where I intend to return after any temporary absence

 

“Neither bodily presence alone nor intention alone will suffice to create the residence, but when the two coincide at that moment the residence is fixed and determined.”

May I point out that the falling-behind, third place opponent has chosen to not file with the Federal Election Commission as of November 11, 2009? Mr. Christopher has either not raised $5,000 or spent $5,000 or a combination of either and is not considered a candidate.

Since Mr. Christopher makes his living as a commissioned sales representative “repairing” bad credit reports for desperate consumers, it does not surprise me that he would attack me on some trumped up outlandish residency requirements. I thought he was only involved in multi-level marketing with Herbalife.

What I would like to do with my thesis is to:
1) Let my friends and closest volunteers know the truth
2) Attempt to stop the rumor mill before it catches much momentum
3) Figure out how we can stop this infighting and concentrate on electing the best qualified candidate to defeat Sheila Jackson Lee.
4) Make sure that Brenda Page does not gain an advantage over me while Tex is going after me on silly accusations.

Please keep your ears to the ground and let me know if you hear anything. I would appreciate you directing concerns and comments directly to me. Please think twice before you forward this message if you forward it at all. I am trying to get the word out without adding to the rumor mill!

Just a quick update on the campaign:
We had a great 3rd quarter and raised close to $5,000. To date we have raised almost $4,700 in the 4th quarter with a month and a half to go. (UPDATE FEB 2010, WE RAISED $21,246 IN 2009). We had a Town Hall meeting at Clay Road Baptist Church on December 3 with the main topic being the House version of the Health Care Bill.

We will continue this fight upon our return from Belize to Texas on Sunday.

Please keep Mary Lynn, our campaign and me in your prayers.

John

Darlene, please let me know if you have any other questions or comments.

John Faulk
www.FaulkForCongress.org
[email protected]

Note to the Editor: I do not think “Darlene” is a registered voter in TX 18 CD. I assume she is a fictitious operative of one of my opponents. Candidates in a weak or 3rd place position are usually the ones to start throwing mud. Thank you for the opportunity to respond.

 

I think Mr.s Faulk's reply was fantastically thorough. Political poisoners like Darlene can always be defended against with forthright honesty and Mr. Faulk has done just that.
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