Escapees September-October 2023

organization has active resources and personnel dedicated to governmental relations; however, that is not enough. It is incumbent upon every individual member to ensure that they are civicly engaged. There is no doubt that this takes time, energy and effort, but so do the most valuable things in life. And admittedly, the politics of any nation can be messy or frustrating at times, but at no time would one ever want to be con fi ned to a country whose citizens have no voice and no choice in their leaders. Our own rights should never be taken for granted. It was just over 20 years ago that the Escapees successfully fought for, and protected, the voting rights of Escapees members in Polk County, Texas. In the case Speights v. Willis, 88 S.W. 3d 817 (Tex. App. — Beaumont 2002, no pet.), an effort was made to disenfranchise Escapees members and alter the voice and political landscape of the area. One of the local county commissioners fi led a lawsuit contesting the results of the election, arguing that full-time RVers did not meet the registration requirements of the election code and thus their votes should not have counted. In the Texas Election Code, the statute refers to a person’s domicile to determine a person’s residency for voting purpose. In analyzing the domicile of several Escapees members, the court considered evidence of the individuals’ intent, looking at their social and professional connections with the community. The court commented on the professional relationships estab lished by one member including their doctors, attorney, accountants and veterinarian. Other items discussed were social connections including church membership and community involvement. With the hard work and tireless efforts of the Escapees organization, the efforts to overturn the election were thwarted. However, this was not a guaranteed outcome of the case. Some evidence was introduced showing a lack of any connection to the area by some members. Ultimately, there was suf fi cient evidence shown at trial that certain Escapees members were engaged in the community, had true domicile in the state and the election results were upheld. However, we should continue to be

vigilant in our efforts to protect the funda mental rights of all, and Escapees members must do their part by establishing their social and professional connections in the counties in which they domicile. Not only should one focus on initially establishing a domicile, but the social and professional connections to the community should be maintained. Below are some resources if you need more information about voter registration: Polk County, Texas VOTETEXAS.GOV AND WWW.CO.POLK.TX.US/PAGE/POLK.CO.CLERK.ELECTION Sumter County, Florida WWW.SUMTERELECTIONS.ORG Pennington County, South Dakota WWW.PENNCO.ORG/VOTE Finally, be an informed voter. Reach out to other Escapees members or friends in the area for more information about the candidates. Do not let a busy schedule or the excuse of travel prevent you from voting this year. There are many avenues available in each state to exercise your voice. Secure a mail-in-ballot or make the appropriate arrangements in your travel plans to make your voice heard. Always remember the sacri fi ce that so many have made since the founding of this country to protect and extend the right to vote to all citizens. Besides paying tribute to the thousands of unsung heroes and heroines who fought for our freedoms, voting sets a positive exam ple for future generations to follow. A right not exercised is at risk of being erased or forgotten within a generation. SAMUEL L. BURK is an attorney licensed in Texas and a partner of East Texas Legal, P.L.L.C. The information contained in this article is for educational purposes and is not intended as legal advice and does not create an attorney-client relationship. You are advised to seek legal advice and counsel from a licensed attorney or certi fi ed professional in your state regarding any speci fi c legal questions or matters. www. eastexlegal.com Free Initial Consultation East Texas Legal gives free initial consultation sessions for Escapees members on estate planning, domicile, and other full-time RVer issues as well as a 10% discount on their Standard Will Package.

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September/October 2023 ESCAPEES Magazine

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