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D.C.'s Political Report has learned that a claim that former House Majority Leader Tom DeLay's (R-TX) voter registration in Virginia was illegal will be forwarded to Commonwealth Attorney S. Randolph Sengel (D-VA) for investigation. The complaint, originally lodged with the City of Alexandria's Voter Registrar, alleges that DeLay lacked domiciliary intent when he registered to vote and that he maintains legal residence in Texas. Similar to the legal action filed by the Texas Democratic Party, the complaint notes that DeLay is still registered to vote in Texas, has a Texas driver's licence and is receiving a Texas homestead exemption. Under Virginia law, DeLay has the burden of proof that he has changed his domicile. His Texas domicile is presumed to continue until he has a residence in the Virginia and the intention to remain there. DeLay's continuing presence in the Lone Star state is presumptive proof that he remains a Texas citizen.
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