Hi Lynn,

I am glad that you are concerned with facts because that is what I am all about. 

Here are some facts about this case that should concern us all with the way those in elected office are governing. And let me just say it really does not matter if there is an "R" or a "D" by the name.

From the North Texas Navigator  A Vital Decision -- Dan Neil’s Race

"The Master, Rep. Will Hartnett, has ruled that the words “shall” and “must” in the Texas Election Code are considered optional instead of mandates!  Can you believe this?  The words “shall” and “must” in federal law are considered mandates as are those same words contained in the voter I. D. bills that have gained broad support in this legislative session."  

This decision could impact how other laws containing the words “shall” and “must” could be interpreted in the future.

Here is another Fact!

The Republican Chairman of the Committee who made the decision today has taken $25,000 from Steve Mostyn the largest donor to the Democrat party in Texas a man who has vowed to turn Texas Blue. That is a fact not, innuendo as you call it. This has been reported to the Texas Ethics Commission. 

So before I am called out for breaking the ten commandments maybe "The Facts" are what needs to be looked at. 

As I state in the video. Knowledge is Power!!

Blessings are abundant and I will fight hard daily to keep it that way in Texas!!

Scenes from the Tea Party Grassroots Boot Camp in Hurst, Texas, February 25 & 26, 2011.

No he does not in my opinion. Why Roy?

Rep. Hartnett, thank you for a link to your report. 

I have a question for you. Exactly whose side are you on?

As a Republican why would you provide a report that confirms you are more in tune with Democrats than with Republicans?

As we saw with the Speaker's race, State Representatives like yourself clearly went against the will of your constituents, the very people who elected you. After reading your report it is my opinion many were correct about your position as Master when they said...  Why should you be trusted to serve the will of the people in your position as Master, especially when you were appointed that position by Speaker Joe Straus. After reading your report it is clear to me that you are serving others than the Republican Constituents who put you in office. Texans are awake now and the behind the scenes back room deals will no longer go without question. 

Via your report......

"The Texas Election Code is a complex set of laws governing the holding of an election in 

this state.  While all people involved in an election should aspire to perfectly meet the

requirements of an election in the Code, the combination of multiple polling places, part-time 

election workers, and numerous procedural requirements leads to human errors.  Although many 

sections of the Code place burdens on election workers and voters with words such as “must” 

and “shall,” well-established law requires the tribunal in an election contest to examine the 

statute imposing the requirement that was not fulfilled and determine whether the Legislature 

intended the requirement to be “mandatory” (so that a vote, or even in extreme cases, the 

election, is invalidated), or “directory” (so that the vote will be counted or the election upheld

despite the error).22"

Here is an excellent comment from Dan Neil's facebook wall.

"Since I read Mr. Hartnett's opinion, I will not "parrot" other's views but quote him. "Duties imposed on a voter by statute are generally mandatory, while those placed on election officials are generally directory." I will repeat my prior opinions, this decision by the Master emasculates the Texas Election Code."-Tom P

I have had several exchanges with Rep. Hartnett on the LibertyLinked blog. Just to keep everyone up to spead below are those exchanges. 

Will Hartnett: 

"The Texas Supreme Court disagrees with you. The Texas Supreme Court held in Schepps v. Presbyterian Hospital of Dallas, 652 S.W.2d 934, 936 (Tex. 1983):

"This Court stated the general guidelines for determining whether a statutory provision is mandatory or directory in Chisholm v. Bewley Mills, 155 Tex. 400, 287 S.W.2d 943 (1956):

There is no absolute test by which it may be determined whether a statutory provision is mandatory or directory. The fundamental rule is to ascertain and give effect to the legislative intent. Although the word “shall” is generally construed to be mandatory, it may be and frequently is held to be merely directory. In determining whether the Legislature intended the particular provision to be mandatory or merely directory, consideration should be given to the entire act, its nature and object, and the consequences that would follow from each construction. Provisions which are not of the essence of the thing to be done, but which are included for the purpose of promoting the proper, orderly and prompt conduct of business, are not generally regarded as mandatory. If the statute directs, authorizes or commands an act to be done within a certain time, the absence of words restraining the doing thereof afterwards or stating the consequences of failure to act within the time specified, may be considered as a circumstance tending to support a directory construction."

My report was based on law, not anyone's personal opinion".  Will

Alice Linahan: 

"Rep. Hartnett your comment while it sounds eloquent  and may be your interpretation of Law with the backing of the Schepps v. Presbyterian case you are part of the challenge that we currently face in Texas.  

You were elected to represent  "We The People" and  instead you are representing the interests of the Austin Capital bubble therefore those of us who do not agree with your interpretation of the law will do everything in our power to make sure you are not reelected.  It may take some time but politics as usual is over in the US and in Texas. We will have research teams in place to connect the dots of who and why those in elected office are beholden to. 

For all those reading this post I encourage you to do your research. Do not just believe what I say or what Rep. Hartnett states. Remember Knowledge is Power. Get the Knowledge so we can take away their power. 

As a reminder from Dan Neils brief in addition to the issue of "Shall" and "Must". 
"Travis County election officials improperly allowed 32 other suspended registrants to vote in the House District 48 election without filling out and signing a required Statement of Residence, as well as illegally preventing 222 overseas voters from casting legal votes in the House District 48 election."

Hey Kevin and Gene thank you for taking the time to comment. I have had several more exchanges on LibertyLinked. I think it is pretty revealing.

As a friend on FB stated. " Sad day for Texas when an elected official publically calls a citizen a "nitwit". We are still allowed opinions/concerns/questions and that should be respected."

Florezh-

"Sorry to say ......this is corruption once again. The laws Do MATTER!! Rep. Harnett's inproper interpretation of our laws has no idea the damage he has done to sever our rights as Texans. Alice, Harnett's either is corrupt or ignorant of our election laws. We need  to educate Texan's what has occured. Rep. Harnett's should be removed and I assure will not be re-elected I beleive he is corrupt politican. He knows as well as I what really is going on something is in it for him. Ther is emails I recieved with angry Texans that want this decision reversed. God will help us get justice."

"Alice we need to flood the phone lines with calls to our Texas congress and let them know stealing elections is wrong and corrupt. I called today and they may very well investigate this injustice to Neil. The rule of lawis important to us. I will Never  GIVE UP MY RIGHTS TO POLITICAL CORRUPTION."

Will Hartnett- 

"My report is filled with case authorities and detailed analysis.  This blog, however, is filled with cheap talk.  Crack open  the law books and do some homework before spouting off about legal matters!

Where is the research from the "research teams?"

Florezh_

"I worked as a legal consultant for 32 years Harnett you are history. Many Hispanic people e-mailed me with angry e-mails regarding how this election was rigged. So your theory is quote unquote we as Texans can go vote anywhere outside our districts??  How can you say that with  straight face? Our military has to the right to vote in the State and Federal ELECTIONS is a must. A vote is a vote and the Democats with Acorn have been stealing elections like Donna Howard THUGS and getting away with it!!"

Will Hartnett - 

"There wasn't a single military vote involved in the election contest, nitwit.

"Election Code §11.004 allows voters one opportunity to vote at their former precinct if they move outside the district but stay in the county.  Three of the five disputed votes fell under this statute.  Read the statute before expressing an uneducated opinion.

The other two voters had multiple residences, but swore that their primary residence was in Travis County.  The law applicable to this case requires "clear and convincing" evidence to overturn that testimony.  This is a higher standard than "preponderance of the evidence."

Alice Linahan-

"Interesting to note.....
When someone disagrees with elected official Rep. Hartnett they are a "nitwit". 

Rep. Hartnett I have provided this blog post not as "Cheap Talk" as you describe but to call attention to the facts on the ground. I have asked readers to not just believe what I say or what you say but to research and come to their own conclusion and then reach out to their sphere of influence and inform others. If you are not comfortable with the fact that your constituents are doing research and forming their own opinions that calls into question your agenda. In my opinion that is a good reason to replace you with someone who will represent the people who have elected them."