Residency Again Becomes An Issue...

But after the brazen way Senator Dave Marsden broke the law last year, it's hard to see this law ever being enforced again.  We ought to just repeal it if no one is going to enforce it.

Comments

[Billy Jack]

Um, doesn't that fact that he hasn't been charged with a crime point towards the fact that he didn't actually break a law? Are you telling me that every state, local and federal law enforcement agency knows that he broke the law and none have filed charges? I find that very hard to believe. You should probably say that Marsden "exploited a loophole" instead of broke the law because I'm pretty sure that libel is still illegal.

[Not Larry Sabato]

I actually asked Ray Morough about this at an event last week. He was totally unaware of the issue because no one ever sent anything to his office.

A libel lawsuit where I could have all of Dave's neighbors deposed on when they saw his car at his out-of-district house would be beyond awesome. Maybe we could even collect enough evidence that he would finally get criminally prosecuted also.

[Billy Jack]

So I guess that's a "no?"
I'm not trying to play devil's advocate here, I actually want to know why he hasn't been prosecuted if he broke a law. Are you honestly telling me that Cuccinelli wouldn't bring charges against him? It all goes back to the fact that the only "legal expert" who claims that Marsden broke a law is NLS. It's irresponsible to claim that somebody broke a law if all they did was exploit a loophole that you don't personally approve of. If he broke a law, he'd be in court (and/ or jail).

[Jus' Sayin']

I've said it before and I'll say it again: it's a pointless law taking up space in the Va. Code because it was not, and never will be, enforced. If Marsden had any integrity, he'd patron a bill to eliminate the residency law from the Virginia code and clean up the code book from superfluous laws.

[Brian W. Schoeneman]

Libel is not illegal. It's a tort. And Ben didn't engage in it here. Marsden is a public figure.

[Billy Jack]

Okay, makes sense to me. But as a follow-up question, even if he isn't prosecuted for breaking a law, can't the residency requirements disqualify him from running on the front-end?

[JLT]

Loyola's move is clear across town: 16.5 miles, according to Google. That would be more like Marsden moving from Burke to McLean to run in the 31st district. It's kind of a silly law, since there's no residency requirement for the House of Representatives, but it does look bad, especially since Loyola just came off of a losing primary campaign. He seems desperate to break into elected office.

[VAPolitico]

Well...just because Marsden is a public figure doesn't mean Ben can say whatever he wants. But in this case, Ben didn't commit a tort.
And Billy, people don't get prosecuted for illegal actions alllllllll the time.

[Sam]

Billy,

Just because you're not prosecuted doesn't mean you didn't commit a crime. Moreover, Cooch has no power to initiate a prosecution, only the local CA can. Finally, please learn a little more about libel law before you spout off about it.

VAPolitico - you are correct that Ben can't just say ANYTHING, but NY Times v. Sullivan and Flynt v. Falwell make it pretty close to anything.

[Steve Vaughan]

This residency law is pretty silly since a-It's never enforced and b-voters don't seem to care. Can't remember any elections that were lost because of this issue.

[Not Dave Marsden]

I'm sure this is all just a misunderstanding.

Oh, I forgot, Ben doesn't like Marsden, so he just goes straight for the controversy. Thank goodness Ben isn't the CA. We know he seeks to accuse people of breaking the law on a hair trigger...

[Frank]

This is not a tort. It's a fart. A release of noxious toxic gar from a known polluter.

[custom research papers]

The state agencies must look for compliance with all laws and regulations. The people must know that could get a punishment.

[cageyd]

It would be nice if my State Senator actually cared enough about his constituents to actually live in his district. As for the state law, it is on the books and should be enforced. Period!