The Texas Lawsuit

James Maule maule at LAW.VILLANOVA.EDU
Thu Nov 30 21:56:05 PST 2000

OK, to add one more dimension to the discussion.

Suppose the court in Texas agrees with the plaintiff that Cheney is a resident of Texas and thus cannot receive the vice presidential votes of electors who have cast their presidential votes for Bush, another resident of Texas?

I assume the electors bound to Cheney can vote for anyone they choose?

Is the issue of residency a question of Wyoming law, Texas law, or federal interpretation of either or both states' laws (given that it is possible to be a resident of no state)?

Suppose Cheney steps aside in favor of X, who then resigns on Jan 30 and Bush then nominates Cheney to replace X?

And, has anyone heard what has happened in the Texas residency litigation?

Jim Maule
Professor of Law
Villanova University School of Law
Villanova PA 19085
maule at

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