Residency and Voting Controversy Surrounds Tulsi Gabbard
Tulsi Gabbard, the current director of national intelligence under President Donald Trump, has found herself at the center of a legal and political controversy regarding her residency status. The situation raises questions about the intersection of state voting laws and property tax regulations, as well as the implications for public officials who move between states.
Gabbard, a former Hawaii Democrat, made a dramatic shift in her political alignment, aligning with the Republican Party and becoming a prominent voice for former President Trump. This transformation was accompanied by a physical move to Texas, where she and her husband purchased a home outside of Austin. In June 2024, they declared themselves residents of Texas under oath, filing a document that stated their Leander home was designated as the family homestead.
However, just months later, Gabbard cast her ballot in the 2024 general election in Hawaii, where she had lived for most of her life. This dual residency has sparked significant debate among election law experts and legal professionals. The complexity of state laws regarding residency, voting, and property taxes has left many questioning whether Gabbard’s actions were legally sound.
Legal Implications of Dual Residency
Under Hawaii law, a voter’s residence is defined as the place where their habitation is fixed and to which they intend to return. If a voter has more than one dwelling, the one subject to a homeowner’s property tax exemption is presumed to be their residence. Gabbard’s attorneys argue that her intention to remain a Hawaii resident was never abandoned, despite her sworn declaration in Texas.
However, legal experts like Justin Levitt, a law professor at Loyola Marymount University, have raised concerns about the potential conflict between Gabbard’s actions and Hawaii’s voting regulations. Levitt pointed out that if Gabbard did not meet Hawaii’s eligibility standards for residency, her vote could be problematic. On the other hand, if she intended to keep Hawaii as her primary residence, it might also pose issues for her Texas homestead exemption.
Lance Collins, a Hawaii lawyer, noted that requesting a homestead exemption in another state is strong evidence of an intention to abandon Hawaii as a residence. This perspective suggests that Gabbard may have faced a legal challenge to her registration or an investigation into her vote in the 2024 election.
Property Tax and Homestead Exemption
The issue of property tax further complicates Gabbard’s situation. Texas law allows certain property owners, including public officials, to apply for a homestead exemption, which can significantly reduce property taxes. However, this exemption is only available for a principal residence, and Gabbard’s office claimed she sought the exemption due to a security threat.
According to Travis County records, Gabbard’s property taxes were reduced by approximately $1,200 thanks to the homestead exemption. However, it is unclear why she filed a “Designation of Homestead” document, as this is not required for the exemption itself. A spokesperson for the Travis County appraisal district clarified that the designation has nothing to do with the homestead exemption and that confidentiality protections only apply to homesteaded properties.
Sean Bukowski, a real estate lawyer in Texas, emphasized that only Texas residents who make the state their primary residence are eligible for the homestead exemption. If Gabbard considered herself a Hawaii resident, she should not have been receiving the exemption in Texas.
Political Transformation and Public Image
Gabbard’s political journey from a Hawaii Democrat to a MAGA surrogate has been marked by a series of strategic moves. She became the youngest person ever elected to the state legislature at age 21 and served in Congress from 2013 to 2021. After leaving elected office, she shifted her focus to media and political commentary, eventually endorsing and campaigning for Trump.
Her public appearances and social media posts increasingly reflected her presence in Texas, with background changes on Fox News and videos showing her spending time in the Lone Star State. Despite this, Gabbard has not registered to vote in Travis County, and her Hawaii registration remains active.
Financial Disclosure and Military Service
Gabbard’s financial disclosure documents list a mortgage for a “Personal Residence” matching the details of the Leander home. Additionally, she serves in the Army Reserve as a part-time commander of a battalion based in Tulsa, Oklahoma. While Hawaii law allows registered voters employed in the service of the United States to continue voting in Hawaii while living out of state, it is unclear how this applies to Gabbard’s situation.
Broader Implications and Accountability
Gabbard is not the only member of Trump’s Cabinet to face residency-related questions. Health and Human Services Secretary Robert F. Kennedy Jr. faced similar scrutiny after being ruled ineligible to appear on New York’s presidential ballot due to a “sham” address. Although his appeal was unsuccessful, the case highlights the potential legal challenges for public officials navigating multiple states.
Camron Hurt, program director for Common Cause Hawaii, expressed concern over Gabbard’s declaration of Texas residency. While not conclusive of wrongdoing, it raises questions about accountability for high-profile public servants. Hurt emphasized the need for transparency and explanation, suggesting that Gabbard should be held accountable if circumstances warrant it.
Conclusion
The controversy surrounding Tulsi Gabbard’s residency and voting record underscores the complexities of state laws and the responsibilities of public officials. As the legal and political landscape continues to evolve, the implications of her actions will likely be closely examined. Whether Gabbard faces formal challenges or investigations remains to be seen, but the situation highlights the importance of clarity and accountability in public service.
