Is Nye a legitimate congressman?
By | Friday, January 2nd, 2009 | Politics

We failed.

Bearing Drift let you down in 2008.

We left a stone unturned via the Drake v. Nye race, and now it is probably way too late to do anything about it.

We did not adequately pursue this whole residency flap to its ultimate conclusion: the truth.

A candidate must certify to the State Board of Elections that they have been a resident of Virginia for the year preceding the election and meet all other eligibility requirements for the office that they seek.

The only question that I have about Rep.-elect Nye’s eligibility is this year of residency.

Vivian Paige asserts in her post of September 24 that Nye was unequivocally in the district on Dec. 1, 2007…she says nothing of him being here prior to Nov. 5, 2007. She only makes an assumption that he was here then. But I have unequivocally been lots of places in the world this past year too…doesn’t mean I live there.

We know for a fact that he didn’t actually own anything in the district until April of this year. The bachelor’s residence was purportedly with his sister’s family in Norfolk.

Yet, in 2007, Nye did not vote. Nor did he vote in 2006…so there is no tangible voting record to track where he made his primary residence.

However, he did file 2007 Virginia taxes….which means he claims to have had residence in Virginia for 183 days in 2007. But could he have been a “domiciliary” resident?

According to the Daily Press report on the subject, Nye claims to have been “out of the country” those two years he did not vote in 2006 and 2007.

Therefore, at least by these details, it does appear that Nye was not physically in Virginia within the year preceding the election.

Does it matter? Does “domiciliary” residency meet the electoral residency requirements?

Either way, it’s January and these questions still persist. Is getting to the truth going to be like this on every issue with the new congressman?


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About the author

JR Hoeft

Conservative to the core; liberal with his opinion! J.R. has been involved in politics for over a decade and has worked on several campaigns in Hampton Roads. He has served on the Executive Committee of the Republican Party of Chesapeake and the Central Committee of the Republican Party of Virginia. He is also the director of “Blogs United” in Virginia. E-mail J.R.. Follow J.R. on Twitter.

Comments

47 Responses to "Is Nye a legitimate congressman?"
  1. LittleDavid January 2, 2009 14:19 pm

    JR,

    What about a member of the military services?

    How about such a member that served a number of years in the military without keeping any household other then the quarters he was assigned while serving?

    Are you going to include the military service members in your complaints?

    Are you going to attempt to say that returning military service member should not be allowed to run for office in the district he was raised in when he finally returns home?

    Are you saying Glenn Nye should not have had this same consideration only because he wore a suit instead of a military uniform?

    Just wondering how many voters you want to piss off by even raising this issue.

  2. J.R. Hoeft January 2, 2009 14:51 pm

    I guess the rule of law is unimportant to you…much less the truth.

  3. LittleDavid January 2, 2009 15:03 pm

    I’m no more willing to out rule any service member or Glenn Nye then I was to out rule John McCain.

    Now you were saying?

  4. J.R. Hoeft January 2, 2009 15:16 pm

    McCain’s situation was well-documented and well-explained.

    Nye hasn’t bothered to document or explain.

    That’s the point of the post.

  5. LittleDavid January 2, 2009 15:20 pm

    You have a problem with the explanation that Glenn Nye was raised here?

    Be careful what you say.

  6. J.R. Hoeft January 2, 2009 15:22 pm

    Oh, you have me quaking, LD.

    My problem is with him potentially failing to follow the law.

  7. Chosun1 January 2, 2009 15:23 pm

    Little David,

    Your military example is a little off the mark.

    A person on active duty status remains a legal resident of the state in which he or she entered the military. I was stationed at Langley AFB when I retired from active duty. Until that time, I was a legal resident of California. My driver’s license was the one that was issued by the state of California on my 16th birthday, and it remained a legal license until 30 days after I left active duty status. While on active duty, stationed outside California, I was not required to pay California state income tax, yet I retained voting rights in the district I resided upon entering active duty .

    That said, had I moved back to California upon retirement, I would indeed have been eligible to immediately seek public office.

    Hope this clears the mud a little.

    /sec

  8. LittleDavid January 2, 2009 15:30 pm

    And a citizen that goes abroad in service to the state department somehow gives up that right to citizenship?

    How in heck do we get these citizens to serve our country abroad when we expect them to give up their rights to being a citizen?

  9. J.R. Hoeft January 2, 2009 15:44 pm

    LD, you’re missing the point.

    It is quite possible that Rep.-elect lied on a form certifying his eligibility.

    This is not about whether a person has a “right to citizenship”; this is about perjury.

    But you’re right – there’s little to do at this point. As I said in the original post, this issue is old news.

    But it does illustrate a disturbing trend with the new congressman – a trend where he is not very forthcoming to the people of the 2nd District.

  10. Chosun1 January 2, 2009 15:45 pm

    No. My comment attempted to clear any misunderstandings concerning active duty military members and citizenship. You didn’t mention State Dept employees, so I saw no reason to include them in my comment.

    /sec

  11. Amit January 2, 2009 16:08 pm

    the real question is whether Drake lost because Nye fibbed about his residency or that she supported legislation like the Farm Bill

  12. Mark January 2, 2009 16:35 pm

    Jim – Nye was a member of the foreign service (note foreign service is not the same as government service on the GS scale), isn’t that treated similarly to the miltiary for residency purposes? (during my 9 years in the military I was always a resident back in Michgian – I presume I could have gone home and run for the House without waiting a year, right?).

  13. Wally Erb January 2, 2009 17:39 pm

    This is childish. Nye is Virginia’s 2nd District Congressman-elect empowered by the voting majority to represent the district. Now is not a time to question credentials but put forth the issues concerning the district irrespective of partisan affiliations. There’s a time for politicking and a time for concentrating on the nation.

  14. J.R. Hoeft January 2, 2009 17:59 pm

    Nye is, indeed, the 2nd District Elect Congressman.

    No doubt about it.

    Just interesting to view how quickly people are willing to brush aside the rule of law for the rule of the majority.

  15. Brian Kirwin January 2, 2009 18:07 pm

    Yeah, Wally. You sure hate childish posts on websites.

    Oh, unless it’s on the website you write at, where they call elected officials “fat” and play moronic youtube videos attacking people who repeatedly defeat them in election after election.

    I think it’s always proper to question leaders, don’t you? Shouldn’t we expect a simple answer to where Glenn Nye was living the month of November 2007?

  16. Shaun Kenney January 2, 2009 18:16 pm

    LittleDavid –

    I had no idea that Glenn Nye served in the military. Please, outline his service that precludes his failure to not obey the law and be a resident of Virginia.

    Amit –

    110% correct.

    Wally —

    Obviously there’s little to do now… though the question is not merely academic. If someone does not live in the district for which they are running, and that is indeed against the law and precludes one from running for that office, and furthermore Nye dodged that law (or the law went unenforced through lack of awareness), isn’t that an issue?

    I mean, are we a nation of laws? Or are we content with might-makes-right and bring-yer-lawyers?

    The evidence is pretty clear — Nye didn’t meet the residency requirements. Now that has little bearing on reality, to be sure. But those who deemed to cover this race paid precious little attention to it, and yes — Nye will have two years of greater scrutiny for it.

  17. anon January 2, 2009 18:23 pm

    You would think if Nye was not a resident the NRCC would have proven it.

  18. Shaun Kenney January 2, 2009 18:33 pm

    anon6:23pm –

    Tell it to a member of the press who cares. If it was Drake who lived elsewhere, you’d bet it’d be a story.

  19. Reid Greenmun January 2, 2009 19:54 pm

    I think Shawn makes an excellent point.

  20. William Bailey January 2, 2009 22:43 pm

    Interesting taking the moral high road about the truth and law in Nye’s case but does anyone care to ask about Barry Knight ‘s “pending” state/city helocopter permit?

    Is this really about the “law & truth” or is it just more R vs D issues with Glenn Nye problem that concerns you all? Drake lost get over it…

  21. Brian Kirwin January 2, 2009 22:46 pm

    Hey, Bill. Your endorsements really came through as usual.

    Pretty soon, I bet a majority of Council will be people you opposed in their first election, if it’s not already. Great strategic planning!

  22. William Bailey January 3, 2009 08:40 am

    Brian: Nice post if you want to look dumb. I didn’t endorse anyone and I didn’t have anything to do with any races except Obama, Warner and Nye as the state firefighter VP. So I hit 100% . Thank you.

    What city endorsements do you think I did? I don’t do any VB candidates since 2005… Try to catch up if you want to look informed.

  23. Brian Kirwin January 3, 2009 10:32 am

    Sorry, Bill. My mistake. I didn’t know you repudiated your local union’s endorsements. I just assumed from your comments on other blogs that you agreed with those picks.

  24. LittleDavid January 3, 2009 12:05 pm

    Shaun Kenney,

    Please explain to me that Glenn Nye was not entitled to maintain an “official home of record” while in service overseas just because he wore a suit instead of a military uniform while in government (I did not say military) service.

    Now, if someone can produce records that he registered to vote somewhere other then Virginia, you might have a case. Proof please.

  25. Darrell January 3, 2009 12:31 pm

    Do contractors have a ‘home of record’?

  26. Max Shapiro January 3, 2009 13:43 pm

    I am 99% sure Glenn CARLYLE Nye is Joseph Nye’s son. Joesph Nye is North American chairperson for the Trilateral Commission.

  27. Wally Erb January 3, 2009 14:09 pm

    Brian:: Is there ever a time you can reply to a post without a personal barb?

  28. Brian Kirwin January 3, 2009 14:40 pm

    Wally, your comment began with “This is childish”

    Sounds like you don’t object to personal barbs when you hurl them.

  29. Mark January 3, 2009 15:19 pm

    Y’all keep whining about the rule of law, yet no one has addressed the fact that Nye was a member of the foreign service – which I believe has the same residency rules as the military (or for that matter, some members of Congressional staffs). Thus, while he may not have been within the district in person, he may have been residing within the district legally.

    If you care about the rule of law, you’ll care enough to investigate this possibility before simply slandering the man.

    And please stop whining that if had been Drake… blah, blah, blah, the press is soooo mean… whine, whine…

  30. William Bailey January 3, 2009 15:25 pm

    Brian: I don’t always agree with the union choice but I since 2001, I’ve voted their recommendations. There is no point in being in a union if you vote against the members best interests…

    BTW: They endorsed Barry Knight but I don’t happen to agree with that position as I feel he intentionally falsified his helo permit and ignored city code. It shows me he has poor ethics and makes bad decisions. Knight’s actions don’t strike me as the type of elected official I’d support. I don’t support the kid running against him either. Lucky I don’t live in his district.

    And just so you know, my state firefighters term ended on 1 January 2009. I’m on my own now!

  31. J.R. Hoeft January 3, 2009 15:27 pm

    Interesting how when we only ask a question, folks consider it slanderous and accusatory.

    What’s so difficult about answering the question, “I lived ____ in 2007 and 2008″?

    We’re only asking a question…and also making a point about the congressman-elect: that he seems to not be very forthcoming with information.

    As for his foreign service, I’ve never denigrated or diminished it. He should be proud of it.

    But, as you state, Mark….you don’t know the rules about it either.

    It would be nice if the congressman-elect was forthcoming and explain it, putting this issue to rest.

  32. LittleDavid January 3, 2009 15:29 pm

    Max Shapiro,

    You would be a more eloquent spokesman for conspiracy theories if you did not fall victim to every one of them that is offered to you.

    By signing up with all of them you are making it difficult for any of us to listen to anything you have to say about anything.

    In the future you might describe accurately yourself as being an anarchist. Think about it.

  33. Brian Kirwin January 3, 2009 15:31 pm

    My god! After the things Democrats have put on the internet about Thelma Drake, for Mark to get his thong in a twist over asking a Congressman-elect when he moved here is sadly hysterical.

  34. Wally Erb January 3, 2009 15:35 pm

    I don’t my post was directed at any individual personally. And you hadn’t posted up to that point. What was the purpose of your post? Was it to denigrate me or view your opinion on the subject?

  35. Max Shapiro January 3, 2009 15:43 pm

    Little David, the thing is I happen to be right and if you talked to me for 10 minutes in person you would be thoroughly convinced, I and many others could assure you of that. People seem to think conspiracies do not happen. You all are so ignorant to think the people at the top do not all talk amongst themselves.

    I am an anarchist, I wish everyone was so enlightened that we had no need for government. That is what I believe anarchy is; lack of a need for government, not a simple lack of government. People are so corrupt, so ignorant, popular culture has brainwashed everyone. People calling Hamas horrible for using innocent people to shield them; they are the legitamately elected government. How could they govern without being amongst the people? Read it yourself instead of asking the government why, corporate ties is really why the media lies.

  36. Brian Kirwin January 3, 2009 16:03 pm

    Wally, I can do both at the same time.

  37. LittleDavid January 3, 2009 16:29 pm

    Max,

    Problem is we are asking the people of Israel to live with a two state solution where the second state is going to be resolved to eliminate the first.

    I am not unwilling to engage in conversation about how Israel can improve herself. However I do not think it is unreasonable for Israel (and those who support her) to refuse to engage with unreasonable people like yourself.

    Perhaps once all the Jews are driven into the sea you will finally be happy?

  38. Wally Erb January 3, 2009 17:38 pm

    Brian: Ok, fine. Then you won’t object if I attempt to denigrate you in the future? You believe this all in fun? Can you take what you give? I can be rather merciless and cruel. Are you ready for that?

  39. J.R. Hoeft January 3, 2009 19:43 pm

    I would prefer no one do any denigrating and the discussion be kept civil.

  40. Brian Kirwin January 3, 2009 19:56 pm

    Wally, you can do what you want. You called the discussion “childish” I didn’t denigrate you. I mentioned that it was odd to me for you to suddenly be bothered by childish discussions since the website you write for has been FULL of them.

    After that, I was writing to Bill Bailey, who can handle himself. We needle each other about City Council races every two years. He gets it. So do i.

    Thanks for being a loyal Bearing Drift participant. For the record, I don’t think this is childish, and don’t look to you, Wally, for permission of when to “politick” and when to “concentrate on the nation” – again, I do both.

  41. LittleDavid January 4, 2009 09:12 am

    Wally,

    I can attest that Brian is more then capable of taking what he gives. However if you are tempted into exchanging barbs with him, you will find he can go on forever. Grin.

  42. Mark January 4, 2009 10:35 am

    Jim – it’s YOUR post, that means that YOU have to conduct research and analysis prior to making an accusation. I didn’t realize that you had decided to eschew any journalistic integrity. Has BD become just another empty blog?

    In all seriousness, what happened to your idea for the kind of posts BD would host?

  43. Brian Kirwin January 4, 2009 10:52 am

    I’m laughing more than when I heard the Lions might make the playoffs!

    Mark, the stuff I’ve seen you write about George W. Bush, and you have the nerve to attack Jim’s journalistic integrity?

    Add Jim’s shoes to the list of things you can’t fill.

  44. Mark January 4, 2009 19:50 pm

    You are such a loser.

  45. J.R. Hoeft January 4, 2009 20:26 pm

    Mark-
    I believe every point made in the post contains a link to a verifiable source.

    Again, is it so difficult to answer a simple question? Do you know where you’ve lived for the past year?

    You would think Mr. Nye would be able to answer that question too.

  46. Alter of Freedom January 4, 2009 21:32 pm

    Nye residence status was questioned in the blogosphere gentleman and in fact so was Tom Periello’s who managed to move into the district for the sole purpose of running. I believe he is really a New Yorker and yet in an election of Obama-mania the down ballot folks like NYE and PERIELLO received very little critical analysis…that was saved for the Republican incumbants. I believe blogger Contemporary Conservative covered the holes in the resident arguements in these races but of course it was ignored or rather unexplored by the mass media. Thats code for….don’t rock the boat were gonna take control of Congress and the WH.

  47. A legitimate president? | Bearing Drift :: Virginia Politics and Podcasts January 10, 2009 22:36 pm

    [...] that Glenn Nye is not the only one who has questions of residency to [...]

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